COMMISSION OPINION of 20 February 1973 addressed to the Government of the French Republic on a draft decree amending Decree No 49-1473 of 14 November 1949 on the coordination and harmonization of rail and road transport (73/253/EEC)

In accordance with Article 1 of the Council Decision of 21 March 1962 (1) instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States, the French Government communicated to the Commission by letter of 17 January 1973 from its Permanent Representative to the European Communities, the text, along with an explanatory note, of a draft decree amending Decree No 49-1473 of 14 November 1949 on the coordination and harmonization of rail and road transport.

The letter from the Permanent Representative reached the Commission on 22 January 1973 and the French Government has also notified the other Member States of the draft.

I

1. The explanatory note shows that the amendments submitted for the Commission's Opinion are intended to promote the development and organization of certain categories of transport of persons by national road traffic.

The aim of these amendments is to extend certain occasional services, private services transporting personnel and other users, and to improve cooperation between public city and inter-city transport. Moreover, as regards occasional services, measures may be adopted by ministerial order for the purpose of laying down general implementing conditions, in particular those designed to avoid abusive competition with regular services.

II

Pursuant to Article 2 of the Council Decision of 21 March 1962, the Commission delivers the following Opinion: 2. The Commission notes that the aims pursued by the French government relating in particular to gradual liberalization of certain occasional services, are consistent with the general guidelines of the common transport policy such may be deduced (there being in the present stage of development of that policy no specific Community rules on the transport of passengers by road carried out at national level) from the ideas formed on the subject within the Community institutions and from the specific measures adopted in the field of international road transport of passengers.

It also supports the principle outlined in Article 8 of the draft decree according to which the liberalization of occasional services must not be allowed to lead to abusive competition against regular services, and takes note that the general conditions for operating occasional services, and in particular those conditions designed to prevent such abusive competition, are to be the subject of a ministerial decree. (1)OJ No 23, 3.4.1962, p. 720/62.

3. The Commission notes, however, that the proposed amendments do not alter the differences which exist between the definitions of the different forms of passenger road services at national level and the definitions adopted by the Community in respect of such services at international level ; this situation could constitute a barrier to bringing about freedom of establishment and freedom to provide services.

As a result the Commission points out to the French government that the present occasion would be a good opportunity to alter the national definitions, in order to reach a harmonization at Community level of the definitions and the structures of passenger road services.

4. Subject to the foregoing considerations, the Commission delivers a favourable Opinion concerning the draft decree.

5. The Commission does not consider it necessary to consult the other Member States pursuant to Article 2 (3) of the Council Decision of 21 March 1962.

6. The Commission will inform the other Member States of this Opinion.

Done at Brussels, 20 February 1973.

For the Commission

The President

François-Xavier ORTOLI