Proposal for a Council Regulation (EC) amending Council Regulation (EEC) No 684/92 on common rules for the international carriage of passengers by coach and bus (1)

(96/C 203/07)

(Text with EEA relevance)

COM(96) 190 final - 96/0125(SYN)

(Submitted by the Commission on 10 May 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 75, paragraph 1, thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

In cooperation with the European Parliament,

Whereas, in accordance with Article 75 (1) (a) of the Treaty, the establishment of a common transport policy entails, inter alia, laying down common rules applicable to the international carriage of passengers by road;

Whereas the definition of the various international coach and bus services should be simplified;

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;

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;

Whereas regular services should continue to be subject to authorization;

Whereas intermodal competition should be preserved; whereas, therefore, the railways should no longer have priority in the context of the establishment of a coach or bus service;

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;

Whereas the time limits involved in the procedure for the issue of authorizations should be made more flexible;

Whereas Member States must take the necessary measures to implement this Regulation, in particular as regards effective, proportionate and dissuasive penalties;

Whereas the application of this Regulation must be monitored on the basis of a report to be presented by the Commission,

HAS ADOPTED THIS REGULATION:

Article 1

Article 2 of Regulation (EEC) No 684/92 is amended as follows:

1. a new subparagraph is added to point 1.1:

'Regular services operated within a conurbation situated in two or more Member States shall be designated "urban carriage in frontier areas",`;

2. paragraph (d) of point 1.2 is deleted;

3. in point 1.3 the words 'additional vehicles and` are deleted;

4. point 2 relating to shuttle services is deleted;

5. point 3.1 is replaced by the following:

'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 course of the outward or return journey or are organized for the purpose of carrying out tours.

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.`

6. point 3.2 is deleted;

7. point 4 is replaced by the following:

'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:

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

- 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.`

Article 2

The first indent of Article 3 (1) of Regulation (EEC) No 684/92 is amended as follows:

'- is authorized in the State of establishment to undertake carriage by means of regular services, special regular services or occasional services by coach and bus`.

Article 3

A new Article 3a is added in Regulation (EEC) No 684/92:

'Article 3a

Community licence

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.

2. The competent authorities of the State of establishment shall issue the holder with the original of the Community licence, which shall be kept by the transport undertaking, and the number of certified true copies corresponding to the number of vehicles at the disposal of the holder of the Community licence, either in full ownership, or in another form, notably by virtue of an instalment-purchase contract, a hire contract or a leasing contract.

3. The Community licence shall be established in the name of the carrier and shall be non-transferable. A certified true copy of the Community licence shall be carried on the vehicle and shall be presented at the request of any authorized inspecting officer.

4. The Community licence shall be issued for a period of five years which shall be renewable.

5. The Community licence referred to in paragraph 2 shall replace the document issued by the competent authorities of the State of establishment certifying that the carrier has access to the market for the international carriage of passengers by road.

6. When an application for a licence is submitted, and at the latest five years after its issue and at least every five years subsequently, the competent authorities of the State of establishment shall verify whether the carrier meets or continues to meet the conditions laid down in Article 3 (1).

7. Where the conditions laid down in Article 3 (2) are not met, the competent authorities of the State of establishment shall reject the issue or renewal of the Community licence by means of a reasoned decision.

8. The competent authorities shall withdraw the Community licence where the holder:

- no longer meets the conditions laid down in Article 3 (1),

- has supplied inaccurate information regarding the data required for the issue of the Community licence.

9. In the event of serious infringements or of minor and repeated infringements of the regulations relating to transport, the competent authorities of the State of establishment of the carrier who has committed the offence may take action involving in particular the temporary and/or partial withdrawal of the true copies of the Community licence.

These penalties shall be determined on the basis of the gravity of the offence committed by the holder of the Community licence and in the light of the total number of true copies the holder has for international transport operations.

10. Member States shall guarantee the right of the applicant for, or holder of, a Community licence to appeal against a decision by the competent authorities of the State of establishment to reject or withdraw this licence.

11. Member States shall inform the Commission no later than 31 January of every year of the number of carriers holding a Community licence as at 31 December of the previous year and of the number of certified true copies corresponding to the number of vehicles in circulation on that date.`

Article 4

Article 4 of Regulation (EEC) No 684/92 is replaced by the following:

'1. Occasional services as defined in Article 2 (3.1) shall not require authorization.

2. Special regular services defined in Article 2 (1.2) and the urban carriage in frontier areas defined in the second subparagraph of Article 2 (1.1) shall not require authorization if they are covered by a contract concluded between the organizer and the carrier.

3. Empty journeys by vehicles in connection with the transport operations referred to in paragraphs 1 and 2 shall likewise not require authorization.

4. Regular services as defined in the first subparagraph of Article 2 (1.1) shall require authorization in accordance with Articles 5 to 10.

5. Arrangements for own-account transport operations are set out in Article 13.`

Article 5

The title of Section II of Regulation (EEC) No 684/92 is amended as follows:

'REGULAR SERVICES SUBJECT TO AUTHORIZ- ATION`.

Article 6

Article 5 of Regulation (EEC) No 684/92 is amended as follows:

1. in the second subparagraph of paragraph 1, the words 'or a shuttle service` are deleted;

2. in paragraph 2 the words 'and two years for shuttle services without accommodation` are deleted;

3. in paragraph 3 (d) the words 'for regular services` are deleted;

4. in paragraph 5 the words 'and shuttle services without accommodation` are deleted;

5. A new paragraph 6 is inserted:

'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.`

Article 7

Article 6 of Regulation (EEC) No 684/92 is amended as follows:

1. Paragraph 1 is replaced by the following 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".`

2. Paragraph 3 is replaced by the following text:

'Persons applying for authorization shall provide any further information which they consider relevant or which is requested by the authorizing authority, in particular an operational plan of the regular service for the purpose of complying with Community legislation on driving and rest periods and a copy of the Community licence for international carriage of passengers by road for hire or reward provided for in Article 3 (a).`

Article 8

Article 7 of Regulation (EEC) No 684/92 is replaced by the following text:

'1. Authorizations shall be issued in agreement with the competent authorities of all the Member States in whose territories passengers are picked up or set down. The authorizing authority shall forward to such authorities - as well as to the competent authorities of Member States whose territories are crossed without passengers being picked up or set down - a copy of the application, together with copies of any other relevant documentation, and its assessment.

2. The competent authorities of the Member States whose agreement has been requested shall notify the authorizing authority of their decision on the application within two months. This time limit shall be calculated from the date of receipt of the request for an opinion that is shown in the acknowledgement of receipt which the authorities concerned must send to the authorizing authority. The acknowledgement of receipt must conform to a model drawn up by the Commission after consultation of the Member States. If within this period, the authorizing authority has received no reply, the authorities consulted shall be deemed to have given their agreement and the authorizing authority shall grant the authorization.

The authorities of the Member States whose territories are crossed without passengers being picked up or set down may notify the authorizing authority of their comments within the time limits laid down in the first subparagraph.

3. Subject to paragraphs 7 and 8, the authorizing authority shall take a decision on the application within three months of the date of submission of the application by the carrier.

4. Authorization shall be granted unless:

(a) the applicant is unable to provide the service that is the subject of the application with equipment directly available to him;

(b) in the past the applicant has not complied with 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;

(c) in the case of an application for renewal of authorization, the conditions of authorization have not been complied with;

(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;

(e) it appears that the operation of services covered by the application is aimed only at the most lucrative of the services existing on the links concerned.

The fact that an operator offers lower prices than are offered by other road transporters or the fact that the link in question is already operated by other road carriers may not in itself constitute justification for rejecting the application.

5. The authorizing authority and the competent authorities of all the Member States involved in the procedure to reach agreement provided for in paragraph 1 may refuse applications only on the basis of reasons compatible with this Regulation.

6. If the procedure for reaching the agreement referred to in paragraph 1 does not enable the authorizing authority to decide on an application, the matter may be referred to the Commission within a the time limit of four months calculated from the date of submission of the application by the carrier.

7. After consulting the Member States concerned, the Commission shall within ten weeks take a decision which shall take effect within thirty days of the notification of the Member States concerned.

8. The Commission decision shall continue to apply until such time as agreement is reached between the Member States concerned.

9. Having completed the procedure laid down in this Article, the authorizing authority shall inform all the authorities referred to in paragraph 1 of its decision, sending them a copy of any authorization; the competent authorities of the transit Member States may indicate that they do not wish to be so informed.`

Article 9

Article 9 (4) of Regulation (EEC) No 684/92 is deleted.

Article 10

The title of Section III of Regulation (EEC) No 684/92 is amended as follows:

'OCCASIONAL SERVICES AND OTHER SERVICES EXEMPT FROM AUTHORIZATION`.

Article 11

Article 11 of Regulation (EEC) No 684/92 is amended as follows:

1. The following is deleted from paragraph 2: 'and a set of translations of the journey form`.

2. The following is deleted from paragraph 3: 'and shuttle services with accommodation`.

3. Point (c) of paragraph 4 is deleted.

Article 12

Article 12 of Regulation (EEC) No 684/92 is deleted.

Article 13

Article 13 (2) of Regulation (EEC) No 684/92 is deleted.

Article 14

Article 14 of Regulation (EEC) No 684/92 is amended as follows:

1. The following is deleted from the first subparagraph of paragraph 1: 'or a shuttle service`.

2. The following is deleted from the last indent of paragraph 1: 'and, in the case of passengers who have paid for accommodation, the total price of the journey, including accommodation, and details of the accommodation`.

Article 15

The second paragraph of Article 19 of Regulation (EEC) No 684/92 is amended as follows:

'Member States shall adopt measures relating in particular to the means of carrying out checks and the system of penalties applicable to infringements of the provisions of this Regulation, and take all the measures necessary to ensure that those penalties are applied. The penalties thus provided for shall be effective, proportionate and dissuasive. Member States shall notify the relevant measures to the Commission not later than 31 December 1996, and shall notify any subsequent changes as soon as possible. They shall ensure that all such measures are applied without discrimination as to the nationality or place of establishment of the carrier.`

Article 16

The Annex to Regulation (EEC) No 684/92 is deleted.

Article 17

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.

Article 18

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

Article 19

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

It shall apply from 1 June 1996.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

(1) OJ No L 74, 20. 3. 1992, p. 1.

ANNEX

>START OF GRAPHIC>

EUROPEAN COMMUNITY

(a)

(Heavy-duty paper, blue - dimensions DIN A4)

(First page of the licence)

(Text in the official language(s) or one of the official languages of the Member States issuing the licence)

Distinctive symbol of the country (¹)

State issuing the licence

Designation of the competent authority

or body

LICENCE No . . . . . .

for the international carriage of passengers by coach and bus for hire or reward

The holder of this licence (²) ..........

..........

..........

..........

is authorized to carry out international carriage of passengers by road for hire or reward in the territory of the Community under the conditions laid down by Council Regulation (EEC) No 684/92 of 16 March 1992, as amended by Regulation . . . and in accordance with the general provisions of this licence.

Comments: ..........

..........

..........

..........

This licence is valid from .......... to ..........

Issued in .......... on ..........

.......... (³)

(¹) Distinctive symbol of the country: (B) Belgium, (DK) Denmark, (D) Germany, (GR) Greece, (E) Spain, (F) France, (IRL) Ireland, (I) Italy, (L) Luxembourg, (NL) Netherlands, (P) Portugal, (UK) United Kingdom, (FIN) Finland, (A) Austria, (S) Sweden.

(²) Full name or business name of the carrier.

(³) Signature and stamp of the competent authority or body issuing the licence.>END OF GRAPHIC>

General provisions

1. This licence is issued pursuant to Council Regulation . . . amending Council Regulation (EEC) No 684/92 on common rules for the international carriage of passengers by coach and bus.

2. This licence is issued by the competent authorities of the State of establishment of the carrier for hire or reward who:

- is authorized in the State of establishment to undertake carriage by means of regular services, special regular services or occasional services by coach and bus,

- satisfies the conditions laid down in accordance with Community rules on admission to the occupation of road passenger transport operator in national and international transport operations,

- meets legal requirements on road safety as far as the standards for drivers and vehicles are concerned.

3. It permits the international carriage of passengers by coach and bus for hire or reward on all transport links for journeys carried out in the territory of the Community:

- where the place of departure and place of destination are situated in two different Member States, with or without transit through one or more Member States or third countries,

- from a Member States to a third country and vice versa, with or without transit through one or more Member States or third countries,

- between third countries crossing the territory of one or more Member States in transit,

and empty journeys in connection with transport operations under the conditions laid down by Regulation (EEC) No 684/92 as amended by Regulation . . .

4. This licence is personal and non-transferable.

5. It may be withdrawn by the competent authorities of the Member State of issue where the carrier has in particular:

- failed to meet all the conditions to which use of the licence was subject,

- supplied inaccurate information regarding the data required for the issue or renewal of the licence.

6. The original of the licence must be kept by the transport undertaking. A certified true copy of the licence must be carried on the vehicle carrying out an international transport operation.

7. The licence must be presented at the request of any inspecting officer.

8. The holder must, on the territory of each Member State, comply with the laws, regulations and administrative measures in force in that State, particularly with regard to transport and traffic.