6. 5. 87 Official Journal of the European Communities No C 120/9 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation on common rules for the international carriage of passengers 
by coach and bus 
COM(87) 79 final 
(Submitted by the Commission to the Council on 15 April 1987) 
(87/C 120/08) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 75 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
"Whereas pursuant to Article 75 (1) (a) of the Treaty the 
establishment of a common transport policy entails, inter 
alia, the adoption of common rules applicable to the 
international carriage of passengers by road; 
Whereas such common rules were laid down in Council 
Regulations No 117/66/EEC ('), (EEC) No 516/72 (2) 
and (EEC) No 517/72 (3), and whereas the principles set 
out therein remain valid; 
Whereas the freedom to provide services is a 
fundamental principle of the common transport policy 
and includes the requirement that the international 
transport markets should be open to transport under­
takings from all Member States without discrimination 
on the grounds of nationality or place of establishment; 
Whereas occasional services already enjoy a flexible 
regime and should continue to do so: 
Whereas it is considered that regular services and shuttle 
services should remain subject to authorization but with 
a certain easing, especially in respect of the procedures 
for granting authorizations; 
Whereas it is necessary to ensure that the rules of 
competition are respected; 
0) OJ No 147, 9. 8. 1966, p. 2688/66. 
(2) OJ No L 67, 20. 3. 1972, p. 13. 
(») OJ No L 67, 20. 3. 1972, p. 19. Whereas administrative formalities should be made, 
where possible, less burdensome without abandoning the 
necessary checks and sanctions; 
Whereas in order that international road passenger 
services may retain their high quality of service and 
retain the confidence of users, it is imperative that 
measures to ensure the respect of road safety 
requirements be taken; 
Whereas the Member States should adopt such laws, 
regulations or administrative provisions as may be 
necessary for the implementation of this Regulation, 
HAS ADOPTED THIS REGULATION: 
SECTION I 
GENERAL 
Article 1 
Scope 
The provisions of this Regulation shall apply to the inter­
national carriage of passengers by road, using vehicles 
which are registered in a Member State and which, by 
virtue of their construction and equipment, are intended 
to carry more than nine persons, including the driver: 
— from the territory of a Member State to the territory 
of the same or another Member State including 
transit through one or more Member States, or 
— in the case of a journey between a Member State and 
a third country, to that part of the jpurney which is 
within the Community. 
Article 2 
Definitions 
1. Regular services are services which provide for the 
carriage of passengers at specified intervals along 
specified routes, passengers being taken up and set down 
at predetermined stopping points. 
No C 120/10 Official Journal of the European Communities 6.5.87 
Services, by whomsoever organized, which provide for 
the carriage of specified categories of passengers to the 
exclusion of other passengers, in so far as such services 
are operated under the conditions specified in the first 
subparagraph, shall be deemed to be regular services. 
Such services, in particular those providing for the 
carriage of workers to and from their place of work or 
of schoolchildren to and from school, are hereinafter 
called 'special regular services'. The fact that a service 
may be varied according to the needs of those concerned 
shall not affect its classification as a regular service. 
2. (a) Shuttle services are 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. Place of 
departure and place of destination mean 
respectively the place where the journey begins 
and the place where the journey ends, together 
with, in each case, the surrounding locality. 
Notwithstanding the above definition: 
— passengers may under certain circumstances 
make the return journey with another group, 
— passengers may be taken up or set down 
during the journey, 
— the first outward journey and the last return 
journey may be made unladen. 
(b) Shuttle services with accommodation mean 
services where: 
(i) in addition to transport, accommodation for 
each group, with or without meals, at the 
place of destination and, where necessary, 
during the journey is included; 
(ii) the total time spent by each group on the 
journey and at the place of destination is not 
less than three days; 
(iii) an inclusive charge is paid for the journey 
and accommodation. 
3. (a) Occasional services are services falling neither 
within the definition of a regular service nor 
within the definition of a shuttle service. They 
include in particular: 
— closed-door tours, that is to say services 
whereby the same vehicle is used to carry the 
same group of passengers throughout the 
journey and to bring them back to the place of 
departure, 
— services which make the outward journey 
carrying passengers and the return journey 
unladen, or vice versa. — when it is operated with some degree of 
frequency, 
— where the route has to be altered in the course 
of a journey or the journey has to be 
interrupted. 
(c) For occasional closed-door tours, passengers may 
be taken up in several places in the Member State 
where the journey begins, and set down in the 
same places on the return journey. 
(d) Within the framework of an international 
occasional service, a transport undertaking may 
carry out national occasional services in a 
Member State other than that in which it is 
established. On such national services, passengers 
may be carried who do not belong to the same 
group but who have been brought into the 
Member State concerned by the same transport 
undertaking. 
Article 3 
1. Any transport undertaking shall be permitted to 
operate coach and bus services for the carriage of pass­
engers between Member States without discrimination as 
to nationality or place of establishment if it: 
— is established in a Member State in conformity with 
the legislation thereof, 
— is authorized in that Member State to undertake the 
international carriage of passengers by means of 
regular services or occasional services or shuttle 
services by coach and bus, 
— satisfies the conditions laid down by Council 
Directive 74/562/EEC (*) relating to the admission 
to the occupation of carrier of passengers by road in 
the field of international carriage and by the 
measures taken to implement that Directive by the 
Member State in which the undertaking is 
established, 
— meets national and international legal requirements 
on road safety as far as the standards for drivers and 
vehicles are concerned. 
2. In order to enjoy freedom to provide transport 
services within the Community, a carrier must: 
— in the case of a natural person, be a national of one 
of the Member States, 
— in the case of a legal person, 
— be under the continuous and effective 
management of persons a majority of whom are 
nationals of Member States, 
(b) A service shall not cease to be an occasional 
service: (') OJ No L 308, 19. 11. 1974, p. 23. 
6. 5. 87 Official Journal of the European Communities No C 120/11 
— be constituted in such a way that the persons 
participating directly or indirectly in the majority 
of the financial results of the transport under­
taking or having the majority of the voting shares 
or voting rights are nationals of a Member State. 
3. After consulting the Commission, a Member State 
may grant exemptions from the provisions of paragraph 
2 above in so far as this does not disturb the inter­
national road passenger markets. 
SECTION II 
OCCASIONAL SERVICES 
Article 4 
Access to the market 
Occasional services and all unladen journeys in relation 
thereto shall not require authorization. 
Article 5 
Control document 
1. A transport undertaking operating occasional 
services shall fill out a control document before each 
journey. 
2. The control document shall contain the following 
information: 
(a) the type of service; 
(b) the schedule of driving and rest periods for drivers; 
(c) the main itinerary without local stops or excursions. 
3. The control document shall be supplied by the 
competent authorities of the Member State where the 
transport undertaking is established. It shall be presented 
on request to any authorized inspecting officers. 
4. The Commission shall, after consulting the Member 
States, prescribe the model for the control document and 
the way in which the control document is to be used. 
SECTION III 
SHUTTLE SERVICES 
Article 6 
Acces to the market 
Shuttle services shall be subject to authorization in 
accordance with Articles 8 to 14. 
Article 7 
Special cases 
1. Authorizations as required by Article 6 shall also 
enable transport undertakings to operate shuttle services 
with accommodation in the following special cases: — where the return journey is made with a group of 
passengers other than that which made the outward 
journey, 
— where passengers are taken up at various places 
during the outward journey and set down at various 
places during the return journey within the territory 
of the State from which the service departs, 
— where passengers are set down at various places 
during the outward journey and taken up at various 
places during the return journey within the territory 
of the State in which the destination of the service is 
located. 
2. Paragraph 1 shall apply in the case of shuttle 
services without accommodation where: 
— the total number of passengers within the meaning of 
the first indent of paragraphe 1 does not exceed 
30 % of the number of passengers making the 
outward journey, 
— the number of additional places within the meaning 
of the second and third indents of paragraph 1 is 
limited to a maximum of six on the outward journey 
and six on the return journey. 
Article 8 
Authorization 
1. Authorizations for shuttle services shall be issued in 
the name of the transport undertaking; they may not be 
transferred by the latter to third parties. 
2. The period of validity of an authorization may not 
exceed two years. 
3. Authorizations shall specify the following: 
(a) the route of the service, giving in particular the place 
of departure and the place of destination; 
(b) the service timetable; 
(c) the schedule of driving and rest periods for drivers; 
(d) the period of validity of the authorization. 
4. Authorizations may be made subject to certain 
reasonable administrative charges. 
5. Authorizations shall be in a form to be prescribed 
by the Commission after consultation with the Member 
States. 
Article 9 
Scope of the authorization 
Transport undertakings shall be entitled to operate auth­
orized shuttle services in the territories of all Member 
States over which the routes of the shuttle services pass. 
No C 120/12 Official Journal of the European Communities 6.5.87 
Article 10 
Submission of applications for authorizations 
1. Applications for authorization of shuttle services 
shall be submitted to the competent authorities of the 
Member State in whose territory the place of departure 
of the shuttle service is situated, hereinafter referred to 
as 'the authorizing authority'. Article 13 
Arbitration procedure 
1. If the competent authorities of the Member State of 
destination do not agree with the decision mentioned in 
Article 12, the authorizing authority shall refer the 
matter to the Commission within three months from the 
date of the application for authorization. 
2. Persons applying for authorization of a shuttle 
service shall provide the authorizing authority with all 
the relevant information. 2. The Commission, after consulting the Member 
States concerned, shall within 30 days take a decision 
which shall take effect 30 days after notification to the 
Member States concerned. 
3. Applications shall be in a form to be prescribed by 
the Commission after consultation with the Member 
States. 
Article 11 
Examination of applications 
1. For shuttle services with accommodation, the auth­
orizing authority shall issue the authorization in 
accordance with Article 12. 
2. For shuttle services without accommodation, the 
authorizing authority shall issue the authorization in 
accordance with Article 12 unless it can be shown that 
such services would compete unfairly with existing 
services in the areas concerned. 
3. The authorizing authority may refuse applications 
as referred to at paragraphs 1 and 2 if in the past the 
applicant has^ not complied with conditions and 
requirements relating to authorizations for international 
road passenger services or has committed serious 
breaches of legislation in regard to road or vehicle safety 
and driving and rest periods. 
4. The authorizing authority may refuse applications 
as referred to at paragraphs 1 and 2 above only on the 
basis of reasons compatible with this Regulation. 
Article 12 
Authorization procedure 
Before the authorizing authority issues an authorization 
it shall consult the competent authorities of the Member 
State in whose territory the destination is situated and 
communicate the planned decision to the competent 
authorities of the Member States whose territories are to 
be crossed in transit by the shuttle service. Article 14 
Issue of authorizations 
1. Once the procedures laid down in Articles 12 and 
13 have been completed, the authorizing authority shall 
grant the transport undertaking an authorization for 
shuttle services or shall formally refuse the application. 
2. The authorizing authority shall forward a copy of 
any authorization issued to the competent authorities 
referred to in Article 12. 
3. Decisions refusing an application taken in 
conformity with this Regulation must state the reasons 
on which they are based. Member States shall ensure 
that transport undertakings in their capacity as such are 
given the opportunity to make representations 
concerning their interests, by appropriate means, in 
respect of such decisions. 
SECTION IV 
REGULAR SERVICES 
Article 15 
Access to the market, obligation to carry and 
authorization 
1. Regular services and special regular services shall be 
subject to authorization issued in accordance with 
Articles 18 to 22. 
2. Transport undertakings shall be obliged to carry 
passengers on regular services where: 
— the passengers fulfil the transport conditions fixed by 
the undertaking or by the competent authorities, 
— it is possible to carry passengers using regular means 
of transport, and 
Subject to Article 13, the authorizing authority shall take 
a decision on the application within three months of the 
date of the application. — the carriage of passengers is not prevented by 
circumstances beyond the transport undertaking's 
control. 
6.5.87 Official Journal of the European Communities No C 120/13 
3. Article 8 shall apply mutatis mutandis to the auth­
orization of regular services, including special regular 
services, subject to the following differences: 
— the period of validity of an authorization shall not 
exceed seven years, 
— the authorization shall in addition specify the 
following: 
(a) the stopping points; 
(b) the fares and conditions of carriage. 
4. The holder of the authorization shall not, without 
the agreement of the authorizing authority, vary the 
conditions laid down in the authorization or withdraw a 
service except in accordance with Article 22 before the 
period of validity of the authorization has expired. 
Article 16 
Requirement to indicate conditions of carriage 
The transport undertaking shall display the route of the 
service, the bus stops, the timetable, the fares and the 
conditions of carriage — in so far as these are not laid 
down by law — in such a way as to ensure that such 
information is readily available to all users. 
Article 17 
Scope of the authorization 
Transport undertakings shall be entitled to operate auth­
orized regular services and special regular services in the 
territoiries of all Member States over which the routes 
such services pass. 
Article 18 
Submission and examination of applications for 
authorization 
1. Article 10 and Article 11 (2) and (3) shall apply 
mutatis mutandis to all applications relating to the auth­
orization of regular and of special regular services, the 
alteration of the conditions of such services of the 
renewal of authorization. 
2. In the case of an application to renew an author­
ization, the authorities must also check whether the 
service was carried out in accordance with the conditions 
subject to which the authorization was issued. 
Article 19 
Variation of authorization 
Without prejudice to Council Regulation (EEC) No 
1191/69 (1), the Member States concerned shall be 
entitled to vary by agreement, after hearing the holder of the authorization, the conditions subject to which a 
regular service is operated. Variations which would sub­
stantially alter the conditions of an authorization may be 
made only where they are essential in order to ensure the 
provision of adequate transport services. 
Article 20 
Authorization procedure 
1. The authorizing authority shall issue the author­
ization in agreement with the competent authorities of 
all Member States in whose territories passengers are 
taken up or set down. To this end it shall forward a copy 
of the application together with copies of all documen­
tation and its own opinion. 
2. The competent authorities of the Member States 
whose agreement is requested shall notify their opinion 
to the authorizing authority within 60 days. If on expiry 
of that period no reply has been received, they shall be 
deemed to have given their assent. 
3. Subject to Article 21, the authorizing shall take a 
decision on the application within four months of the 
date of application. 
4. Following the agreement of the competent auth­
orities referred to in paragraph 1 or after the completion 
of the arbitration procedure laid down in Article 21, the 
authorizing authority shall communicate the decision to 
the competent authorities of the Member States whose 
territory is to be crossed in transit by the regular service. 
Those Member States may waive this requirement by 
way of agreement or unilateral declaration. 
Article 21 
Arbitration procedure 
1. Where the authorizing authority and the competent 
authorities of Member States in whose territories pass­
engers are taken up or set down cannot reach a decision 
under the Article 20 procedure, the Member State of the 
authorizing authority shall refer the matter to the 
Commission, within four months of the date of the 
application for authorization. 
2. The Commission, after consulting the Member 
States concerned, shall within 30 days take a decision 
which shall take effect 30 days after notification to the 
Member States concerned. 
3. Any decision of the Commission under paragraph 2 
shall continue to apply until such time as agreement is 
reached between the Member States concerned. 
Article 22 
Lapse of an authorization 
(') OJ No L 156, 28. 6. 1969, p. 1. 1. An authorization for a regular service shall lapse 
three months after the authorizing authority has received 
No C 120/14 Official Journal of the European Communities 6.5.87 
from its holder notice of his intention to withdraw the 
service. Such notice must contain a proper statement of 
reasons. The holder of the authorization shall notify 
users of the service concerned of his intention to 
withdraw the service in an appropriate manner. 
2. Notwithstanding paragraph 1, where demand for a 
special regular service has ceased to exist, the author­
ization for a special regular service shall lapse on the 
date given by the holder in a communication to the auth­
orizing authority conveying his intention to withdraw the 
service. The communication must contain a proper 
statement of reasons. 
3. The authorizing authority shall inform the 
competent authorities of the other Member States 
concerned that the authorization has lapsed. 
SECTION V 
CONTROL PROCEDURES AND PENALTIES 
Article 23 
1. Transport undertakings operating a shuttle service 
or a regular service or a special regular service shall 
supply to the passengers, for their possession throughout 
the journey, an individual or collective travel document 
indicating: 
— the route served, 
— the period of validity of the document, 
— the transport charge, in the case of shuttle services 
with accommodation, the inclusive charge must cover 
transport and accommodation. 
2. The travel documents referred to in paragraph 1 
shall be presented at the request of any authorized 
inspecting officer. 
Article 24 
1. The authorization for a shuttle service, for a 
regular service and for a special regular service, required 
under this Regulation shall be carried on the vehicle and 
be presented at the request of any authorized inspecting 
officer. 
2. Transport undertakings operating coaches and 
buses for international passenger transport shall permit 
inspections which are aimed at ensuring that operations 
are carried out correctly, particularly as regards driving 
and rest periods. Inspecting officers employed for this 
purpose shall be authorized and empowered to: 
(a) check the books and other documentation relevant 
to the operation of the undertaking; 
(b) make copies of, or take extracts from, the books and 
documentation on the premises; (c) have access to all the undertaking's premises, sites 
and vehicles; 
(d) require any information in respect of the books and 
documentation. 
Article 25 
1. Member States shall provide the other Member 
States concerned with all available information on: 
— breaches of the provisions of this Regulation and any 
other Community rules in the field of international 
passenger services using coaches and buses, in so far 
as these breaches are committed in their own 
territory by a transport undertaking from another 
Member State, 
— the penalties imposed in respect of the above, 
— the penalties imposed on their own transport under­
takings for such breaches committed in the territory 
of another Member State. 
2. The authorizing authorities shall withdraw any 
authorization issued on the basis of this Regulation if the 
holder no longer meets its requirements and especially 
where requested to do so by the Member State where the 
transport undertaking is established. The authorizing 
authority shall immediately inform the competent auth­
orities of the Member State concerned. 
3. The competent authorities of the Member States 
shall prohibit a transport undertaking form operating 
international passenger services under this Regulation if 
the undertaking repeatedly commits serious breaches of 
the relevant regulations, particularly the requirements 
with regard to road and vehicle safety as well as driving 
and rest periods. 
SECTION VI 
TRANSITIONAL AND FINAL PROVISIONS 
Article 26 
Services, which after the entry into force of this Regu­
lation require to be authorized, and which are already 
authorized to operate at such time, may continue to be 
operated until their current authorizations expire. 
Article 27 
1. Member States may make bilateral or multilateral 
arrangements to simplify the procedures provided for in 
this Regulation for the authorization of shuttle services, 
for regular services and for special regular services. 
2. Member States shall inform the Commission of any 
arrangements made in accordance with paragraph 1. 
3. The provisions of this Regulation shall not apply 
where at the date when this Regulation enters into force, 
6. 5. 87 Official Journal of the European Communities No C 120/15 
arrangements in force under bilateral or multilateral 
agreements between the Member States provide for liber­
alization, subject to the condition that such arrangements 
are applied without discrimination as to the nationality 
or the place of establishement of the transport under­
taking in accordance with the provisions of Article 3 and 
comply with the competition rules of the Treaty. 
Article 28 
This Regulation shall not affect the conditions that 
transport undertakings must satisfy under Directive 
74/562/EEC. 
Article 29 
The Community has the competence to negotiate and to 
conclude agreements with third countries' regional and 
international organizations: 
— to ensure that the principles of this Regulation are 
applied to the carriage of passengers between 
Member States in transit through third countries, 
— to adopt common rules for the carriage of passengers 
between the Community and third countries. Article 30 
Member States shall, in due course, after consulting the 
Commission, adopt the measures rendered necessary by 
this Regulation and notify such measures to the 
Commission. 
Member States shall in particular ensure the organization 
of, procedure for and means of carrying out, checks on 
compliance and the penalties applicable in case of 
breach. They shall ensure that all such measures are 
carried out without discrimination as to nationality or 
place of establishment. 
Article 31 
The Commission shall, with the aim of completing the 
internal market, make proposals to the Council revising 
this Regulation before 1990. 
Article 32 
Regulations No 117/66/EEC, (EEC) No 516/72 and 
(EEC) No 517/72 are hereby repealed. 
Article 33 
This Regulation shall enter into force on 1 January 1988. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.