COMMISSION RECOMMENDATION of 14 October 1974 to the Government of Italy concerning a draft law to implement Council Regulations (EEC) No 516/72 and (EEC) No 517/72 and Commission Regulation (EEC) No 1172/72 (74/527/EEC)

1. By letter dated 23 April 1974, the Office of the Italian Permanent Representative to the European Communities communicated to the Commission a draft law to implement: - Council Regulation (EEC) No 516/72 (1) of 28 February 1972,

- Council Regulation (EEC) No 517/72 (2) of 28 February 1972,

- Commission Regulation (EEC) No 1172/72 (3) of 26 May 1972.

This communication constitutes consultation of the Commission as required under Article 24 of Regulation (EEC) No 516/72 and Article 22 of Regulation (EEC) No 517/72.

It also informs the Commission, as required under Article 6 of Regulation (EEC) No 1172/72, of the implementing provisions which the Italian Government proposes to adopt.

2. Before making known its views on the draft law which has been submitted to it by way of consultation, the Commission must express its regret that the Italian Government has not observed the time limit for the implementation of Regulations (EEC) No 516/72 and (EEC) No 517/72.

As regards the content of the draft law, the Commission makes the following recommendation.

3. Article 7 of the draft law lays down the conditions governing the transfer of a regular service authorization or a special regular service authorization but makes no provision for the possible transfer of such services, which possibility is also provided for in Article 22 of Regulation (EEC) No 517/72.

Consequently, the Commission recommends that the Government of Italy repair this omission by specifying its intention with regard to the possibility of transferring the operation of a regular service or a special regular service.

4. The second paragraph of Article 11 of the draft law provides for a pecuniary penalty to be imposed on holders of an authorization to operate a regular service, a special regular service or a shuttle service who, contrary to Article 4 (2) of Regulation (EEC) No 517/72, operate such service under conditions other than those set out in the authorization. The Commission notes that, if reference is made solely to Article 4 (2) of Regulation (EEC) No 517/72, the proposed measure can relate only to regular services and special regular services. Consequently, it recommends that the Italian Government amend the provisions of the second paragraph of Article 11 of the draft law by referring to Article 4 of Regulation (EEC) No 516/72 as regards shuttle services and to Article 4 of Regulation (EEC) No 517/72 as regards regular services and special regular services.

5. Article 12 of the draft law relates the grounds for withdrawal of an authorization to operate a regular service, a special regular service or a shuttle service to the provisions of Article 18 (1) of Regulation (EEC) No 517/72 and Article 19 (1) of Regulation (EEC) No 516/72. The Commission notes that, firstly, point (a) of Article 12 repeats provisions contained in the said Regulations and which, in pursuance of the Regulations themselves have been directly applicable in the Member States since 1 January 1973 and cannot be duplicated in national instruments and that, secondly, the provisions in point (b) of Article 12 constitute a measure implementing not Articles 18 and 19 of the abovementioned Community Regulations, but Articles 22 and 24, respectively, of the said Regulations.

Therefore, the Commission hereby recommends that the Italian Government - deletes from Article 12 of the draft law the provisions contained in (a), which repeat a Community provision in force,

- specifies that withdrawal of the authorization as provided for in (b) is effected in implementation of Article 22 of Regulation (EEC) No 517/72 and Article 24 of Regulation (EEC) No 516/72. (1)OJ No L 67, 20.3.1972, p. 13. (2)OJ No L 67, 20.3.1972, p. 19. (3)OJ No L 134, 12.6.1972, p. 1.

6. The Commission notes that the other provisions of the Italian draft law fulfil the obligations of Member States under the Community Regulations concerned.

Done at Brussels, 14 October 1974.

For the Commission

The President

François-Xavier ORTOLI