COMMISSION RECOMMENDATION of 10 April 1974 to the Government of the United Kingdom concerning the Regulations applicable in Great Britain and in Northern Ireland providing measures for the implementation of Community Regulations concerning the carriage of passengers by road between Member States and for bringing national legislation into line with these Regulations (Only the English text is authentic) (74/255/EEC)

Under cover of letter of 18 June 1973, the Office of the United Kingdom Permanent Representative sent the Commission the texts of the Regulations made for purposes of adapting the laws of Great Britain and of Northern Ireland to the provisions of: - Council Regulation No 117/66/EEC (1) of 28 July 1966 on the introduction of common rules for the international carriage of passengers by coach and bus;

- Commission Regulation (EEC) No 1016/68 (2) of 9 July 1968 prescribing the model control documents referred to in Articles 6 and 9 of Council Regulation No 117/66/EEC;

- Council Regulation (EEC) No 516/72 (3) of 28 February 1972 on the introduction of common rules for shuttle services by coach and bus between Member States;

- Council Regulation (EEC) No 517/72 (4) of 28 February 1972 on the introduction of common rules for regular and special regular services by coach and bus between Member States;

and of introducing the measures which the Member States are required to adopt in order to implement the aforementioned Community Regulations.

This constitutes consultation of the Commission as required by: - Article 10 of Regulation No 117/66/EEC;

- Article 6 of Regulation (EEC) No 1016/68;

- Article 24 of Regulation (EEC) No 516/72 ; and

- Article 22 of Regulation (EEC) No 517/72.

Before commenting on the various provisions of the regulations submitted to it for examination, the Commission makes the following general observation:

The Act of Accession provides that Council Regulation No 117/66/EEC and Commission Regulation (EEC) No 1016/68 apply to the United Kingdom from 1 July 1973, as do Regulations (EEC) No 516/72 and (EEC) No 517/72 pursuant to Council Regulation (EEC) No 2442/72 (5) of 21 November 1972. Furthermore, in accordance with Regulations No 117/66/EEC and (EEC) No 1016/68 the measures necessary for their implementation must be adopted within a reasonable time ; the implementing measures to be taken by the new Member States under Regulations (EEC) No 516/72 and (EEC) No 517/72 must, in accordance with Council Regulation (EEC) No (1)OJ No 147, 9.8.1966, p. 2688/66. (2)OJ No L 173, 22.7.1968, p. 8. (3)OJ No L 67, 20.3.1972, p. 13. (4)OJ No L 67, 20.3.1972, p. 19. (5)OJ No L 265, 24.11.1972, p. 7.

2442/72 of 21 November 1972, be adopted before 1 April 1973.

The measures submitted to the Commission for consultation were adopted on 25 April 1973 in Great Britain and on 28 June and 14 June 1973 in Northern Ireland.

What is more, Regulations No 117/66/EEC, (EEC) No 1016/68, (EEC) No 516/72 and (EEC) No 517/72 require Member States to adopt the implementing measures after consulting the Commission. The Commission regrets to note that the United Kingdom Government has not met the deadlines laid down in the Community Regulations in question and that as a result of the procedure adopted the Commission has been unable to take a decision prior to the implementation of the Regulations submitted for consultation ; hence, the purpose of the procedure introduced by the aforementioned Community measures has not been fulfilled, and a number of measures currently applying in the United Kingdom are not consistent with Community provisions. Consequently, without prejudice to the possibility of infringement proceedings being initiated against the United Kingdom Government under Article 169 of the Treaty, the Commission calls upon the said Government to adapt the implementing measures which it has adopted and which are set out below to the Community provisions. 1. In the titles of and introductions to the part concerning the penalties applicable in the case of breach (Part II of the Road Transport (International Passenger Services) Regulations and Part II of the European Communities (International Passenger Services) Regulations (Northern Ireland)), reference is made to Regulation No 117/66/EEC ; the necessary references to Regulations (EEC) No 1016/68, (EEC) No 516/72 and (EEC) No 517/72 appear only in the specific provisions laying down the penalties.

Since the breaches were not committed in respect of Regulation No 117/66/EEC but in respect of the Regulations adopted pursuant to that Regulation, the Commission recommends, so that there may be no possible source of error particularly on the part of foreign administrations and carriers, that the United Kingdom Government amend the titles and introductions to the part concerning the penalties applicable in case of breach by inserting references to the Community Regulations related to item 3(1)a of the Regulations submitted for consultation.

2. Article 5 (b) of each of the Regulations submitted for consultation provides for penalties in respect of shuttle services, "excluding the services referred to in Article 6 of [Regulation No 117/66/EEC]".

The Commission points out that the latter services cannot be regarded as shuttle services : they constitute a special form of transport subject to the system of certification and operated, under well-defined conditions, by an undertaking for its own workers. "Shuttle services" are services operated for hire or reward which still require authorization and which are dealt with in specific provisions that do not apply to the "services" referred to in Article 6 of Regulation No 117/66/EEC. Consequently, the Commission recommends that the United Kingdom Government amend the working of Article 5 of its implementing Regulations by deleting the phrase "... excluding the services referred to in Article 6 of this Regulation" ...

3. Under Regulation 9 of each set of Regulations submitted for consultation, shuttle services, regular services and regular special services operated in accordance with the provisions of Regulations (EEC) No 516/72 and No 517/72 by means of vehicles registered in Great Britain and in Northern Ireland do not require national authorization. The services referred to in Article 6 of Regulation No 117/66/EEC still, however, require authorization since the United Kingdom Government classifies them as occasional services.

As the Commission has already pointed out, these latter services constitute a special form of transport and do not require authorization. Furthermore, Article 11 of Regulation No 117/66/EEC, which lays down that the liberalization measure for occasional services "shall not affect the conditions imposed by Member States on their own nationals engaged in [these] operations", relates only to the services referred to in Article 5 of that Regulation and not to those covered by Article 6.

The Commission recommends that the United Kingdom Government amend its implementing Regulations in such a way as to ensure that the services referred to in Article 6 do not require national authorization.

4. The Commission notes that the spirit and content of the remaining provisions of the Regulations submitted to it for consultation satisfy the obligations imposed on Member States by the Community Regulations in pursuance of which they were adopted.

Done at Brussels, 10 April 1974.

For the Commission

The President

François-Xavier ORTOLI