A4-0292/96

Proposal for a Council Regulation amending Council Regulation (EEC) No 684/92 on common rules for the international carriage of passengers by coach and bus (COM(96)0190 - C4-0338/96 - 96/0125(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 1a (new)

>Text following EP vote>

Whereas the European Union's internal market is an area for the free movement of goods, persons, services and capital; whereas it is necessary to liberalize the international transport of persons by coach and bus, in tandem with the phased harmonization of the socio-economic, fiscal and technical conditions governing road passenger transport within the Member States and alongside measures to ensure non-discriminatory conditions for operators;

(Amendment 2)

Recital 1b (new)

>Text following EP vote>

Whereas the principles of the common transport policy include the goal of reducing road traffic in the Community while respecting the right of users to choose their mode of transport;

(Amendment 3)

Recital 3

>Original text>

Whereas international coach and bus services may be classed as regular services, special regular services and occasional services; whereas, therefore, the concept of shuttle service may be abolished;

>Text following EP vote>

Whereas international coach and bus services may be classed as regular and non- regular services; whereas, therefore, the concepts of special regular service, occasional service and shuttle service may be abolished;

(Amendment 4)

Recital 4

>Original text>

Whereas a system of market access exempt from authorization should be introduced for all occasional services, special regular services and all own-account transport operations;

>Text following EP vote>

Whereas a system of market access exempt from authorization should be introduced for all non-regular services and all own-account transport operations;

(Amendment 5)

Recital 7

>Original text>

Whereas, in order to facilitate the inspection of transport operations, the international carriage of passengers by road for hire or reward should be subject to a Community licence conforming to a harmonized model;

>Text following EP vote>

Whereas, in order to facilitate the inspection of transport operations, the international carriage of passengers by road for hire or reward and similar own- account operations should be subject to a Community licence conforming to a harmonized model and issued by means of administrative procedures which are straightforward and do not constitute a burden for transport undertakings;

(Amendment 6)

Recital 9a (new)

>Text following EP vote>

Whereas urban and regional carriage in frontier areas should, for the present, be excluded from the scope of this Regulation, until such time as the Council has adopted a regulation on the franchising of public services;

(Amendment 7)

Recital 9b (new)

>Text following EP vote>

Whereas, according to the 1995-2000 action programme for the common transport policy (COM(95)0302), accessibility of transport systems is one of the objectives of the policy; whereas furthermore, in its resolution of 16 September 1987 on the transport of handicapped and elderly persons (1), the European Parliament called for bus and coach services to be made fully accessible, especially where intercity routes, including routes across Europe, were concerned;

(1) OJ C 281, 19.10.1987, p. 85.

(Amendment 8)

Recital 9c (new)

>Text following EP vote>

Whereas, according to the priorities for the common transport policy set out in the White Paper (COM(92)0494), the Commission is to submit, by 30 June 1997, a proposal to extend the scope of the Regulation to cover the international carriage of passengers in vehicles designed to carry fewer than nine persons;

(Amendment 9)

Recital 9d (new)

>Text following EP vote>

Having regard to the European Parliament's resolution of 18 January 1995 (1) on an interinstitutional agreement on the official codification of Community legislation and to the interinstitutional agreement of 20 December 1994 on the accelerated working method for the official codification of legislative texts (2); whereas the Commission is accordingly to submit, by 30 June 1997, a codified text of the Regulation, which will also incorporate the regulations on control documents and international passenger transport documents;

(1) OJ C 43, 20.2.1995, p. 41.

(2) OJ C 293, 8.11.1995, p. 2.

(Amendment 10)

Recital 9e (new)

>Text following EP vote>

Whereas it is necessary to launch negotiations with third countries on the subject of non-occasional international passenger transport by coach and bus, as called for by Parliament in its resolution of 11 March 1994 on the recommendation for a Council decision on the opening of negotiations between the European Community and certain third countries concerning carriage of goods and passengers by road (1) and its resolution of 6 June 1996 on the communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on the common transport policy action programme 1995-2000 (2),

(1) OJ C 91, 28.3.1994, p. 298.

(2) OJ C 181, 24.6.1996, p. 21.

(Amendment 11)

ARTICLE 1(1)

Article 2(1.1) (Regulation (EEC) No 684/92)

>Original text>

Regular services operated within a conurbation situated in two or more Member States shall be designated 'urban carriage in frontier areas¨.

>Text following EP vote>

Regular services operated as urban, suburban and regional transport services between two or more Member States shall be designated 'urban carriage in frontier areas¨. These services shall be excluded from the scope of this Regulation until such time as the Council has adopted a regulation on the granting of concessions to perform transport operations with the overriding aim of providing a public service.

(Amendment 12)

ARTICLE 1(5)

Article 2(3.1) (Regulation (EEC) No 684/92)

>Original text>

5. Point 3.1 is replaced by the following:

>Text following EP vote>

5. Point 3 is replaced by the following:

>Text following EP vote>

Non-regular services are services not meeting the definition of a regular service.

They include:

3. -1 Special services

Irrespective of the organizer of the transport, special services are services providing transport for particular categories of passenger to the exclusion of other passengers, provided those services are operated in the conditions set out in Point 1.1. Such services shall henceforth be referred to as 'special services'.

Special services include, in particular:

(a) transport of workers between home and work;

(b) transport of schoolchildren and students between their homes and the educational institution attended;

(c) transport of military personnel, personnel of other law and order forces and firefighters and their families between their state of origin and place of assignment.

>Text following EP vote>

The fact that the organization of the transport may differ in accordance with the varying needs of the users shall not affect the designation of these services as special services.

>Original text>

'Occasional services are services meeting neither the definition of a regular service nor the definition of a special regular service, and which are characterized above all by the fact that they carry groups of passengers previously assembled, or that they are organized at the request of the customer, or comprise accommodation or other non-ancillary tourist services in the course of the journey or at the place of destination, or are organized on the occasion of special events, or comprise an empty journey in the case of the outward or return journey or are organized for the purpose of carrying out tours.

>Text following EP vote>

3.1. Occasional services

Occasional services are services which do not meet the definition of a regular service, including special regular services, and which are characterized above all by the fact that they carry groups of passengers assembled at the initiative of the customer or of the carrier himself.

If a Member State considers that an occasional service would directly compromise the existence of regular services already authorized, it may require the application of point 1.3 above (requirement of authorization).'

>Original text>

The organization of parallel or temporary services comparable to existing regular services and serving the same public as the latter shall be subject to authorization in accordance with the procedure laid down in Section II of this Regulation.'

(Amendment 13)

ARTICLE 1(7)

Article 2(4) (Regulation (EEC) No 684/92)

>Original text>

Own-account transport operations are those carried out for non-commercial purposes, notably by an undertaking for its own employees or by a non-profit- making body for the transport of its members in connection with its social objective provided that:

>Text following EP vote>

Own-account transport operations are services carried out for non-profit-making and non-commercial purposes by a natural or legal person provided that:

>Original text>

- the transport activity is only an ancillary activity for the undertaking or body,

>Text following EP vote>

- the transport activity is only an ancillary activity for the natural or legal person,

>Original text>

- the vehicles used are the property of that undertaking or body or have been obtained on deferred terms by them or have been the subject of a long-term leasing contract and are driven by a member of the staff of the undertaking or body.

>Text following EP vote>

- the vehicles used are the property of that natural or legal person or have been obtained on deferred terms by them or have been the subject of a long- term leasing contract and are driven by a member of the staff of the natural or legal person or by the natural person himself.

(Amendment 15)

ARTICLE 2, SECOND PARAGRAPH (new)

Article 3(1), third indent (Regulation (EEC) No 684/92)

>Text following EP vote>

The third indent of Article 3(1) of Regulation 684/92 is replaced by the following:

>Text following EP vote>

'- meets the legal requirements concerning social benefits and road safety in respect of the rules applying to drivers and vehicles'.

(Amendment 16)

ARTICLE 2, THIRD PARAGRAPH (new)

Article 3(2), second indent (Regulation (EEC) No 684/92)

>Text following EP vote>

The second indent of Article 3(2) of Regulation (EEC) No 684/92 is replaced by the following:

>Text following EP vote>

'- meets the legal requirements concerning social benefits and road safety in respect of the rules applying to drivers and vehicles'.

(Amendment 17)

ARTICLE 3

Article 3a(1) (Regulation (EEC) No 684/92)

>Original text>

1. Any carrier meeting the criteria laid down in Article 3(1) must hold a Community licence issued by the competent authorities of the State of establishment in accordance with the model in the Annex to this Regulation.

>Text following EP vote>

1. With a view to the international carriage of passengers by coach or bus, any carrier meeting the criteria laid down in Article 3(1) must hold a Community licence issued by the competent authorities of the State of establishment in accordance with the model in the Annex to this Regulation.

(Amendment 18)

ARTICLE 6(5)

Article 5(6) (Regulation (EEC) No 684/92)

>Original text>

6. In the case of additional vehicles being used for existing regular services, a copy of the corresponding contract or document between the operator of the regular service and the carrier providing the additional vehicles and a copy of the authorization of the regular service must be carried on the vehicle.

A carrier providing additional vehicles must hold the Community licence provided for in Article 3 (a). A true copy of the Community licence must be carried on the additional vehicle.

>Text following EP vote>

6. The operator of the regular services may use additional vehicles to cope with temporary or exceptional situations. In this case, the carrier must ensure that the following documents are carried on the vehicle:

- a copy of the authorization of the regular service,

- a copy of the contract concluded between the operator of the regular service and the undertaking providing the additional vehicles or an equivalent document,

- a true copy of the Community licence issued to the operator of the regular service.

(Amendment 19)

ARTICLE 7(1)

Article 6(1) (Regulation (EEC) No 684/92)

>Original text>

Applications for authorization of regular services shall be submitted to the competent authorities of the Member State in whose territory the place of departure is situated, hereinafter referred to as the 'authorizing authority'. The place of departure shall mean 'one of the termini of the service'.

>Text following EP vote>

Applications for authorization of regular services on routes where a public transport service already exists shall be submitted to the competent authorities of the Member State in whose territory the place of departure is situated, hereinafter referred to as the 'authorizing authority'. The place of departure shall mean 'one of the termini of the service'.

(Amendment 20)

ARTICLE 8

Article 7(4)(b) (Regulation (EEC) No 684/92)

>Original text>

(b) in the past the applicant has not complied with the national or international legislation on road transport and in particular the conditions and requirements relating to authorizations for international road passenger services or has committed serious breaches of legislation in regard to road safety, in particular with regard to the rules applicable to vehicles and driving and rest periods for drivers;

>Text following EP vote>

(b) in the past the applicant has not complied with the national or international legislation on road transport and in particular the conditions and requirements relating to authorizations for international road passenger services or has committed serious breaches of legislation in regard to road safety, in particular with regard to the rules applicable to roadworthiness testing of vehicles and driving and rest periods for drivers;

(Amendment 21)

ARTICLE 8

Article 7(4)(d) (Regulation (EEC) No 684/92)

>Original text>

(d) it is shown that the service in question would directly compromise the existence of regular services already authorized, except in cases in which the regular services in question are carried out only by a single carrier or group of carriers;

>Text following EP vote>

(d) it is shown by the competent authorities of the Member State concerned that the service in question would compromise the economic and financial balance of regular urban and regional services already authorized;

(Amendment 22)

ARTICLE 10

Section III, title (Regulation (EEC) No 684/92)

>Original text>

OCCASIONAL SERVICES AND OTHER SERVICES EXEMPT FROM AUTHORIZATION

>Text following EP vote>

NON-REGULAR SERVICES

(Amendment 23)

ARTICLE 14(1)

Article 14(1) (Regulation (EEC) No 684/92)

>Original text>

1. The following is deleted from the first subparagraph of paragraph 1:

'or a shuttle service'.

>Text following EP vote>

1. The following is deleted from paragraph 1:

'excluding special regular services, or a shuttle service'.

(Amendment 24)

ARTICLE 15a (new)

Article 20 (Regulation (EEC) No 684/92)

>Text following EP vote>

Article 15a

Article 20 of Regulation (EEC) No 684/92 is replaced by the following:

'Article 20

1. Before 1 July 1998 the Commission shall report to the Council and the European Parliament on the application of this Regulation. Before 1 January 1999 it shall submit to the Council a proposal for a Regulation on the simplification of procedures including - in the light of the report's conclusions - the abolition of authorizations.

>Text following EP vote>

2. Before 1 January 2000 the Council shall act by qualified majority on the Commission proposal referred to in paragraph 1.'

(Amendment 25)

ARTICLE 17

>Original text>

Member States shall, before 31 December 1996 and after consulting the Commission, adopt the measures necessary for the implementation of this Regulation and notify such measures to the Commission.

>Text following EP vote>

Member States shall, before 30 June 1997 and after consulting the Commission, adopt the measures necessary for the implementation of this Regulation and notify such measures to the Commission.

(Amendment 26)

ARTICLE 18

>Original text>

The Commission shall report to the Council before 31 December 1999 on the application of this Regulation.

>Text following EP vote>

The Commission shall, before 30 June 1997, submit a codified text of Regulation (EEC) No 684/92 including Regulation (EEC) No 1839/92 laying down detailed rules for documents for the international carriage of passengers (1), as amended by Regulation (EEC) No 2944/93 on control documents for shuttle services with accommodation and for occasional services (2).

(1) OJ L 187, 7.7.1992, p. 5.

(2) OJ L 266, 27.10.1993, p. 2.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation amending Council Regulation (EEC) No 684/92 on common rules for the international carriage of passengers by coach and bus (COM(96)0190 - C4- 0338/96 - 96/0125(SYN))

(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(96)0190 - 96/0125(SYN) ((OJ C 203, 13.7.1996, p. 11.)),

- having been consulted by the Council pursuant to Articles 189c and 75 of the EC Treaty (C4-0338/96),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Legal Affairs and Citizens' Rights (A4- 0292/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to amend its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Calls for the conciliation procedure to be opened if the Council should intend to depart from the text approved by Parliament;

5. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

6. Instructs its President to forward this opinion to the Council and Commission.