No C 356/60 Official Journal of the European Communities 31. 12. 87 
Opinion on the proposal for a Council Regulation laying down the conditions under which 
non-resident carriers may operate national road passenger transport services within a Member 
State J1) 
(87/C 356/15) 
On 17 March 1987 the Council decided to consult the Economic and Social Committee 
under Article 75 of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Transport and Communications, which was responsible for preparing 
the Committee's work on the subject, adopted its Opinion on 11 November 1987. The 
rapporteur was Mr Tukker. 
At its 250th plenary session (meeting of 18 November 1987) the Economic and Social 
Committee adopted the following Opinion unanimously less 1 abstention: 
1. General comments 
1.1. The j udgement of the European Court of Justice 
of 22 May 1985 in case No 13/83, European Parliament 
v. Council of Ministers ('failure to act' case), spurred 
the Council into action in the field of transport policy; 
in addition, the publication of the White Paper on 
completing the internal market led the transport minis­
ters of the Community on 14 November 1985 to lay 
down policy guidelines, the main points of which were 
confirmed by the Council at its meeting on 30 June 
1986. 
1.2. With regard to the Community transport master 
plan, the Council stated that 'it is necessary to examine 
transport problems in an overall context with the aim 
of improving efficiency and profitability in that sector 
and with a view to consolidation of the internal market, 
harmonious integration, economic convergence and 
social progress'. 
1.3. It is of the utmost importance that the objective 
of a free market in the Community transport sector by 
1992 be met. For this, however, a Community master 
plan must be drawn up for the whole sector with 
separate plans for each mode of transport. Up until 
now the Commission's proposals have only been aimed 
at liberalization in a few sectors. 
1.4. At all events it is felt that there is a close link 
between the liberalization of transport services and 
the harmonization of the conditions governing these 
services. Both have the highest priority. 
1.5. Under Article 4 of the draft Regulation non­
resident carriers are subject, just like national carriers, 
to the laws, regulations and administrative provisions 
of the Member State in which the cabotage operations 
are carried out. In other words, non-resident carriers 
may also operate on a national market. 1.6. The aim of the Commission's draft Regulation 
is equality of treatment between non-resident and 
national carriers. In practice this will have different 
consequences for various types of passenger transport. 
As a starting point, however, the liberalization of pass­
enger transport by road should: give a boost to the 
freedom to provide services and to profitability, reduce 
journeys without passengers to a minimum and improve 
the service to the public. 
2. Specific comments on the Articles 
2.1. Article 1 
2.1.1. The Commission proposal adheres to the defi­
nitions of 'regular services', 'shuttle services' and 
'occasional services' set out in Council Regulation 
(EEC) No 117/66. Although these terms are not used 
in all the Member States, we consider that the terms 
'regular services' and 'shuttle services' can be used 
but that 'occasional services' must be redefined. The 
Commission assumes that all operations not covered by 
'regular services' or 'shuttle services' are automatically 
'occasional services'. 
2.1.2. The following definition is preferable: 
'Occasional services are services which provide for the 
carriage of passengers by road in vehicles suitable for 
transporting more than nine persons and authorized 
for international transport by the competent authorities 
in the Member State where the carrier is established, 
and are not covered by shuttle or regular services.' 
2.1.3. Regular services: the Commission defines this 
as the carriage of passengers at specified intervals along 
specified routes, passengers being taken up and set 
down at predetermined stopping points. 
(x) OJ No C 77, 24. 3. 1987, p. 13. 2.1.4. Since such services, both national and inter­
national, are frequently performed or controlled by the 
31. 12. 87 Official Journal of the 
authorities and subject to licensing, cabotage will have 
hardly any effect on them. 
2.1.5. Shuttle services: services whereby, by means 
of repeated outward and return journeys, previously 
formed groups of passengers are carried from a single 
place of departure to a single place of destination and 
subsequently carried back together to the place of 
departure etc. Cabotage will offer greater scope for 
such services, will reduce unladen journeys and improve 
profitability. 
2.1.6. Occasional services: complete liberalization of 
occasional services means that: 
a) passengers may be carried on both the outward and 
return journeys, hence fewer unladen journeys; 
b) citizens of Member States other than that of the 
carrier may also be carried; 
c) passengers may also be taken up and/or set down 
along the route; 
d) a carrier providing occasional services may perform 
a cabotage operation 'temporarily' following on 
from a journey to or through another Member State. 
2.2. Article 2 
2.2.1. The Commission leaves open the question of 
what 'temporarily' means. According to Article 60, final 
paragraph, of the EEC Treaty a carrier can operate 
freely in another Member State even if not established 
there. This could also be inferred from the last part of 
Article 2 of the Commission proposal. 
2.3. Article 3 
No comments. 
Done at Brussels, 18 November 1987. European Communities No C 356/61 
2.4. Article 4 
2.4.1. This Article states that a carrier performing 
a cabotage operation in another Member State must 
comply with the laws, regulations and administrative 
provisions of that State. It should be pointed out that 
Community or other international regulations already 
exist in the following areas: 
— driving and rest periods (Regulations (EEC) No 
3820/85 and No 3821/85), 
— technical equipment (Geneva 1949). 
2.4.2. The laws, regulations and administrative pro­
visions mentioned by the Commission in its explanatory 
memorandum, viz: 
— transport and traffic law, 
— tax law relating to direct and indirect taxation, 
— social law, 
— criminal law and administrative penalties 
should be incorporated in the relevant Article of the 
Regulation. 
2.5. Article 5 
No comments. 
2.6. Article 6 
2.6.1. Commission proposal approved, provided that 
account is taken of the comments set out above. This 
proposal should also be seen in conjunction with the 
proposal in document COM (87) 79 final on common 
rules for the international carriage of passengers by 
coach and bus, which repeals Regulation (EEC) No 
117/66. 
The Chairman 
of the Economic and Social Committee 
Alfons MARGOT