COMMISSION REGULATION (EEC) No 1839/92

of 1 July 1992

laying down detailed rules for the application of Council Regulation No 684/92 as regards documents for the international carriage of passengers

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (1), and in particular Articles 2 (2.2) and (3.4), 5 (4), 6 (2), 11 (6) and 13 (3) thereof,

Having consulted the Member States,

Whereas Article 4 (4) of Regulation (EEC) No 684/92 makes regular services, shuttle services without accommodation, residual occasional services and certain special regular services subject to authorization;

Whereas Article 11 (1) of the Regulation states that the shuttle services with accomodation defined in Article 2 (2.2), and the occasional services referred to in Article 2 (3.1) (a), (b), (c) and (d) shall be carried out under cover of a control document;

Whereas Article 13 (1) of the Regulation lays down that the own account transport operations defined in Article 2 (4) are subject to a system of certificates;

Whereas Article 13 (2) of the Regulation makes own account transport other than that mentioned in Article 2 (4) subject to authorization;

Whereas rules governing the use of the control documents referred to in Article 11 of Regulation (EEC) No 684/92 and the means of communicating to the Member States concerned the names of the carriers carrying out these services and of the connection points en route need to be determined;

Whereas the models of the documents established by Commission Regulation (EEC) No 1172/72 (2), as last amended by the Act of Accession of Spain and Portugal, and Commission Regulation (EEC) No 1016/68 (3), as amended by Regulation (EEC) No 2485/82 (4), no longer meet the requirements of Regulation (EEC) No 684/92, and these Regulations should therefore be repealed and replaced by appropriate provisions;

Whereas the Member States need time to have the new documents printed and distributed;

Whereas, meanwhile, carriers should be able to use the present documentation laid down in Regulations (EEC) No 1016/68 and (EEC) No 1172/72, suitably amended to take account of the provisions of Regulation (EEC) No 684/92 and of this Regulation,

HAS ADOPTED THIS REGULATION:

SECTION I Control document

Article 1

1. The control document for shuttle services with accomodation, defined in Article 2 (2.2) of Regulation (EEC) No 684/92, shall be in the form of a passenger waybill and of a set of translations of the waybill. The waybill shall be in the form shown at Annex I to this Regulation.

2. The waybills shall be in books of 25 waybills, in duplicate, and detachable. Each book shall bear a number. The waybills shall also be numbered from 1 to 25. The cover of the book shall be in the form shown at Annex I A to this Regulation.

Article 2

1. The control document for occasional services, as defined in Article 2 (3.1) (a), (b), (c) and (d) of Regulation (EEC) No 684/92, shall take the form of the waybill and a set of translations of the waybill. The waybill shall be in the form shown at Annex II to this Regulation.

2. The waybills shall be in books of 25 waybills, in duplicate, and detachable. Each book shall bear a number. The waybills shall also be numbered from 1 to 25. The cover of the book shall be in the form shown at Annex II A to this Regulation.

Article 3

1. The books provided for in Articles 1 and 2 shall be made out in the name of the carrier; they may not be transferred.

2. A waybill shall be filled out legibly in indelible capital letters, in duplicate, either by the carrier or by the driver for each journey, before it begins. It shall be valid for the entire journey.

3. The top copy of the waybill shall be kept on the vehicle for all the journey to which it refers. A copy shall be kept at the company's base.

4. The carrier shall be responsible for keeping the waybills.

Article 4

1. In the case of a shuttle service with accommodation or of an occasional service provided by a group of carriers acting on behalf of the same contractor, and which may include the travellers catching a connection en route with a different carrier of the same group, the original of the waybill shall be kept on the vehicle carrying out the service. A copy of the waybill shall be kept at the base of each carrier involved and a copy shall be sent to the authorities of the State of establishment of the managing carrier in the month following that in which the service is carried out.

2. Member States wishing to receive the waybills referred to in paragraph 1, for the journeys which affect them, shall request them from the competent authorities of the other Member States. The latter shall send the requesting Member State a copy of the waybills in question within two months of receipt of them. If no request is received from one or more Member States, Member States may exempt the carriers established on their territory from the obligation to send a copy of the waybill in respect of those Member States.

Article 5

The waybill enables its holder to carry out in the course of an international shuttle service with accommodation or an international occasional service, local excursions in a Member State other than the one in which the carrier is established, in accordance with the conditions laid down in the second paragraph of Article 12 of Regulation (EEC) No 684/92. The local excursions shall be indicated on the waybill before the departure of the vehicle for the excursion in question. The original of the waybill shall be kept on board the vehicle for the duration of the local excursion.

Article 6

The control document shall be presented to any enforcement official on request.

SECTION II Authorizations

Article 7

1. The request for authorization for regular services, shuttle services without accommodation, residual occasional services, the special regular services subject to authorization and the own account services referred to in Article 13 (2) of Regulation (EEC) No 684/92 shall be in conformity with the model at Annex III to this Regulation.

2. The request for authorization shall contain the following information, as appropriate:

(i) the timetable;

(ii) fare scales;

(iii) evidence that the applicant satisfies the requirements applicable in the Member State of establishment to persons wishing to engage in the international carriage of passengers by coach or bus;

(iv) information concerning the type and volume of traffic which the applicant plans to carry;

(v) a map on an appropriate scale on which are marked out the route and stopping points where passengers are to be taken up or set down.

Article 8

1. The authorizations shall conform to the model at Annex IV to this Regulation.

2. Each vehicle carrying out a service subject to authorization shall have on board an authorization or a copy certified by the authorizing authority.

3. The authorization authority may grant additional authorizations in cases where the carrier proves that he needs them.

SECTION III Certificates

Article 9

1. The certificate for the own account services defined in Article 2 (4) of Regulation (EEC) No 684/92 shall conform to the model at Annex V to this Regulation.

2. The company which requests a certificate shall provide the issuing authority with evidence or an assurance that the conditions laid down in Article 2 (4) of the Regulation have been met.

3. Each vehicle carrying out a service subject to a system of certificates shall have a certificate or a certified copy on board the vehicle for the duration of the journey which shall be presented to enforcement officials on request.

4. The certificate shall be valid for a maximum of five years.

SECTION IV Transitional and final provisions

Article 10

Without prejudice to Article 11, Commission Regulations (EEC) No 1016/68 and (EEC) No 1172/72 are repealed.

Article 11

Member States may authorize the use of the waybills, applications for authorization, authorizations and the certificates laid down in Regulations (EEC) No 1016/86 and (EEC) No 1172/72 until 31 December 1993 at the latest, provided that these are amended, legibly, indelibly and appropriately in so far as is necessary, in order to conform to the provisions of Regulation (EEC) No 684/92 and of this Regulation.

The other Member States shall accept these documents on their territory until 31 December 1993.

Article 12

Member States shall take the necessary measures to implement this Regulation. They shall inform the Commission thereof.

Article 13

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities and shall be applicable from 1 June 1992.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 July 1992. For the Commission

Karel VAN MIERT

Member of the Commission

1. The following must be attached to the application, as appropriate:

(i) the timetable;

(ii) fare scales;

(iii) evidence that the applicant satisfies the requirements applicable in the Member State of establishment to persons wishing to engage in international road passenger transport;

(iv) information concerning the type and volume of traffic that the applicant plans to carry if it is a new service or that he has carried if this is the renewal of an authorization, and any other useful information;

(v) a map on an appropriate scale on which are marked out the route and the stopping points at which passengers are to be taken up or set down.

2. Article 4 (4) and Article 13 (1) of Regulation (EEC) No 684/92 state that the following services are subject to authorization:

(i) regular services;

(ii) shuttle services without accommodation;

(iii) residual occasional services, namely occasional services other than the following services:

(a) tours, that is to say services whereby the same vehicle is used to carry one or more groups of passengers previously assembled where each group is brought back to its place of departure;

(b) services:

- which are carried out for groups of passengers previously assembled, where passengers are not brought back to their points of departure in the course of the same journey, and

- which also cover, in those cases where there is a stay at the place of destination, accommodation or other tourist services not ancillary to carriage or accommodation.

(Fourth page of application for authorization or for renewal of authorization)

For the purposes of points (a) and (b), a group assembled in advance is a group for which a body or person responsible, in accordance with the rules of the State of establishment, has been charge of conclusion of the contract or collective payment of the services or has received all reservations and payments before departure, and which consists of:

- either at least 12 people,

- or a number of people making up at least 40 % of the vehicle's capacity, excluding the driver;

(c) services organized on the occasion of special events such as seminars, conferences and cultural or sporting events;

(d) services listed in the Annex to Regulation (EEC) No 684/92, namely:

- closed-door tours, i.e. services carried out using the same vehicle, which transports the same group of passengers throughout the journey and brings them back to their place of departure,

- services involving a laden journey from a place of departure to a place of destination followed by an empty journey to the vehicle's place of departure,

- services preceded by an empty journey from one Member State to another Member State within the territory of which travellers are picked up, provided that those travellers:

- are grouped by transport contracts concluded before their arrival in the country in which they are picked up,

- have previously been brought by the same carrier, under the conditions set out in the second indent of subparagraph d) to the country in which they are again picked up and are transported out of that country, or

- have been invited to another Member State, the transport costs being borne by the person inviting them. The passengers must form a homogeneous group which must not have been formed solely with a view to the journea in question;

(Fifth page of the application for authorization or for renewal of the authorization)

(iv) special regular services, namely special regular services other than the following services:

(a) the carriage of workers between home and work;

(b) carriage of school pupils and students to and from the educational institution;

(c) the carriage of soldiers and their families between their state of origin and the area of their barracks;

(d) urban carriage in frontier areas;

(v) services for own account other than the following services:

transport operations carried out by an undertaking for its own employees or by a non-profit-making body for the transport of its members in connection with its objectives provided that:

- the transport activity is only an ancillary activity for the undertaking or body, and

- the vehicles used are the property of that undertaking or body or have been obtained on deferred terms by them or have been the subject of a long-term leasing contract and are driven by a member of the staff of the undertaking or body.

3. The application shall be made to the competent authority of the Member State from which the service departs, namely, the first pick-up point for passengers, or in the case of a regular service, one of the service termini.

4. The maximum period of validity for authorization is five years for regular services and two years for shuttle services without accommodation.

5. In the case of shuttle services without accomodation, groups of passengers may be picked up and set down respectively at a maximum of three different places.

(1) Belgium (B), Denmark (DK), Germany (D), Greece (GR), Spain (E), France (F), Ireland (IRL), Italy (I), Luxembourg (L), Netherlands (NL), Portugal (P), United Kingdom (GB).

(2) Delete where not applicable.

ANNEX IV

(First page of authorization)

(Pink paper - A4)

To be worded in the official language(s) or one of the official languages of the Member State issuing the authorization.

ISSUING STATE

- International distinguishing sign - (1) Competent

authority

AUTHORIZATION No . . . . . .

for a regular service (2)

for a shuttle service without accommodation (2)

for a residual occasional service (2)

for a special regular service subject to authorization (2)

for a service for own account subject to authorization (2)

carried out by coach

and bus between Member States,

issued on the basis of Regulation (EEC) No 684/92

to

Surname, first name or business name of carrier or of managing carrier(s)

Address tel:

Names, addresses and telephone numbers of sub-contractors, associates or members of group:

(1)

(2)

(3)

(4)

(5)

(6)

List attached if appropriate (2)

Expiry date of authorization:

(Place and date of issue) (Signature and stamp of issuing authority)

(1) Delete where not applicable.

(Second page of authorization)

1. Route

(a) Place of departure of service:

(b) Place of destination of service:

(c) Principal itinerary of service, with passenger pick-up and set-down points underlined:

2. Periods of operation (1):

3. Frequency (1):

4. Timetable (1):

5. Characteristics of residual occasional service (1):

6. In the case of a special regular service (1):

- type of passengers:

- establishment for whom the transport operation is carried out:

7. In the case of a service for own account:

- characteristics of the journey(s) (1):

8. Other conditions or special points:

(Stamp of authority issuing authorization)

(Third page of authorization)

To be worded in the official language(s) or one of the official languages of the Member State issuing the authorization.

Important notice

1. The authorization is valid for the entire journey. It may not be used except by a party whose name is indicated thereon.

2. The authorization or a copy certified by the issuing authoritiy shall be kept on the vehicle for the duration of the journey and shall be presented whenever enforcement officials so request.

(1) Belgium (B), Denmark (DK), Germany (D), Greece (GR), Spain (E), France (F), Ireland (IRL), Italy (I), Luxemburg (L), Netherlands (NL), Portugal (P), United Kingdom (GB).

(2) Article 2 (4) of Regulation (EEC) No 684/92.

(3) Delete where not applicable.

ANNEX V

(First page of certificate)

(Yellow paper - A4)

To be worded in the official language(s) or one of the official languages of the Member State where the vehicle is registered

ISSUING STATE

- International distinguishing sign - (1) Competent authority

CERTIFICATE

issued for transport services

for own account by coach and bus between Member States (2).

(Part for the undertaking or non-profit-making body)

The undersigned

responsible for the undertaking or non-profit-making body (3)

(surname and first name or official name, full address)

certifies that:

coach or bus registration number: is the property of or has been obtained on deferred terms or has been the subject of a long-term leasing contract.

The vehicle used for the transport operation carried out under cover of this certificate is driven by the staff of this undertaking and is used for the carriage of its employees or is driven by a member of the body for its members in connection with its objectives (3).

(Signature of a director of the company

or the non-profit-making body)

(Second page of certificate)

(Part for the competent authority)

This constitutes a certificate within the meaning of Article 13 of Regulation (EEC) No 684/92.

Duration of authorization:

on , at

(Signature and stamp of authority issuing certificate)

(Third page of certificate)

To be worded in the official language(s) or one ofthe official languages of the Member State where the vehicle is registered

GENERAL PROVISIONS

1. Article 2 (4) of Regulation (EEC) No 684/92 states that:

'Own account transport operations are those carried out by an undertaking for its own employees or by a non-profit-making body for the transport of its members in connection with its social objective provided that:

- the transport activity is only an ancillary activity for the undertaking or body,

- the vehicles used are the property of that undertaking or body or have been obtained on deferred terms by them or have been the subject of a long-term leasing contract and are driven by a member of the staff of the undertaking or body.'

Article 13 (1) of this Regulation states that:

'Own account road transport operations defined in point 4 of Article 2 shall be exempt from any system of authorization but shall be subject to a system of certificates.'

2. The certificate entitles its holder to carry out international road transport operations for own account. It is issued by the competent authority of the Member State where the vehicle is registered and is valid for the entire journey, including any transit journeys.

3. The certificate shall be filled in in indelible capital letters in triplicate by a member of the undertaking or non-profit-making body and shall be completed by the authority concerned. A copy shall be kept by the administration and a copy shall be kept by the undertaking or non-profit-making body. The driver shall keep the original or a certified copy in the vehicle for the duration of any international journeys. It shall be presented to the enforcement authorities whenever they so request. The undertaking or non-profit-making body, as appropriate, shall be responsible for keeping the certificates.