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COM (82)288
Vol.1982/0108

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COMMISSION OFTHEEUROPEAN COMMUNITIES
«
COM(82)288 final
Brussels,.8June1982
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ΑΓ; 5 -·;ΛI- .■;-èv\ν-;..? Ν
Sa'.T.'''-i3ê
XiY
Recommendation fora
COUNCILDECISION
authorizing theCommissiontonegotiate anAgreement betweenthe
EuropeanEconomicCommunity andthirdcountries ontherules
applicable tocertaintypesofinternational carriageofpassengers
byroad,bycoachandbus
(submittedtotheCouncilbytheCommission )
I
COM(82)288final

EXPLANATORY MEMORANDUM
1.InRegulation n°117/66/EEC of28July 1966 (1)theCouncil laid down
certain common rules for the international carriage ofpassengers byroad ,
including definitions ofthevarious categories ofpassenger service and
the rules applying tothem within theCommunity .
Article 4(2 )ofthe Regulation states that "the Community shall enter
into any negotiations with third countries which may befound necessary
for thepurpose ofimplementing this Regulation ".
Article 4(3 )goes ontostipulate that once the common rules provided
for inArticles 7(concerning regular services )and 8(concerning shuttle
services )ofthe Regulation have been laid down ,"the Council shall ,as
soon aspossible and onaproposal from theCommission ,laydown the
common rules necessary inorder toenable application ofthis Regulation
tobeextended tointernational carriage ofpassengers byroad toorfrom
third countries ".
2.On28February 1972 the Council laid down the common rules provided for
byArticles 7and 8ofRegulation n°117/66/EECbyadopting Regulation
(EEC )n°516/72onshuttle services(2 )andRegulation (EEC )n°517/72
onregular and special regular services (3).
The Commission adopted theprovisions for implementing those Regulations
in1968 ,inthe case ofoccasional services (4),and in1972 inthe case
ofshuttle services and regular services (5)(6).
(1)O.J. n°147,09.08.1966 ,p.2688
(2)O.J. n°L67,20.03.1972 ,p.13
(3)O.J. n°L67,20.03.1972 ,p.19
(4)O.'J.n°L173,22.07.1968 ,p;8
(5)(6)O.J. n°L134,12.06.1972 ,p.1

-2-
3.Now that the conditions laid down inArticle 4(3 )ofRegulation n°117/66/EEC
have thus been met,itisappropriate fortheCommunity tofulfil the
obligations incumbent upon itunder that Article inrespect ofshuttle
services and regular services .
4.Where occasional services areconcerned ,there have already been negotiat­
ions foranagreement ~theASOR -between theEuropean Economic
Community ontheonehand andAustria ,Finland ,Norway ,Portugal ,Spain ,
Sweden ,Switzerland ,Turkey andYugoslavia ontheother .Allthose countries
-apart from Yugoslavia ,which will nottake part inthe Agreement at
this stage -andtheCommunity will sign the ASOR inthefirst half of
1982 .Immediately thereafter itwill beconcluded ,andthereby ratified
asfar asthe Community isconcerned .
The ASOR applies :
a)totheinternational carriage ofpassengers byroad bymeans ofoccasional
services effected :
-between theterritories oftwo Contracting Parties or
-starting and finishing intheterritory ofthe same Contracting
Party ,and,should the need arise during such services ,intransit
through theterritory ofboth acontracting and anon-contracting State ,and :
-using vehicles registered intheterritory ofaContracting Party
which ,,byvirtue oftheir construction andequipment ,aresuitable
forcarrying more than nine persons ,including thedriver ,andare
intended forthat purpose ;
b)tounladen journeys byvehicles inconnection with these services .
Inaddition tothedefinition ofthescope oftheAgreement ,theASOR
also contains :
-definitions ofthevarious types ofservice (i.e. occasional services ,
regular services andshuttle services ),based onthedefinitions agreed
atCommunity level forservices between theMember States ;

-3 -
-measures toLiberalize certain occasional services ,although the degree
ofliberalization ismore limited than that inrespect ofservices
between the Member States ;
-rules concerning the introduction ofacontrol document foroccasional
services anddetails ofhow touse it;amodel standard control document
isannexed totheAgreement (Community legislation istobeadopted in
order tointroduce the same model for services between the Member
States );
-général and final provisions .
NATURE AND SCOPE OFTHE NEGOTIATIONS
5.The nature and scope ofthe negotiations with the third countries must
bedetermined inthe light ofthe rules laid down inArticle 4(2 )and
(3)ofthe 1966 Regulation ,and ofthe requirements ofthe Community
passenger transport system and offuture developments inthe flow of
traffic toand from the third countries concerned .
5.1 .The third countries concerned are those which took part inthe ASOR
negotiations ,including Yugos lavia -whichtook part inall thenegotiations
but isnotgoing toconclude theAgreement atthis stage -because ofits
keyposition asatransit country forservices toandfrom Greece .
These countries have been chosen either because oftheir geographical
location orbecause ofthevolume ofregular and/orshuttle service
between them andtheMember States .Thedecisive factor ,however ,was
thedegree ofmutual interest inthe establishment ofcommon rules .
Itdoes notseem desirable atthemoment toopen similar negotiations
with the State trading third countries .

-if-
5.2 .Asregards tnenegotiating procedure ,multilateral negotiations between
the Community onthe one hand aniall the third countries concerned on
the other would appear tobepreferable ,for the following reasons :
-they canmake itpossible toproduce uniform solutions for all services ,
whether between the Community and the third countries concerned or
between the third countries themselves ;
All the same ,insofar asthe problems tobediscussed orany develop­
ments inthemultilateral negotiations make itdesirable for bilateral
negotiations tobeopened with each ofthe third countries affected
orwith groups ofthese countries ,this option should notbeexcluded .
OBJECTIVES OFTHE NEGOTIATIONS
6.Themain objective ofthenegotiations istomake itpossible tolay
down common rules for regular services and shuttle services performed
inthevarious ways provided for inRegulation No.117/66/EEC ,andto
ensure that the third countries concerned accept control documents
which comply with theCommunity rules onthematter .

-5-
Asregards extending thescope oftheapplication oftheprovisions of
Regulation n°117/66/EECtoinclude transport services toorfrom athird
country ,there isalegal possibility fortheCommunity tolaydown
unilateral measures governing thesections onCommunity territory ,as
confirmed byArticle 4(3 )oftheRegulation .
However ,theclose link between services toorfrom third countries and
intra-Community services ,both from thepoint ofview oftheorganization
ofthe firms and asregards theoperation oftheservices ,leaves nodoubt
that ,inpractice ,theestablishment ofcommon rules fortheentire
journey ,whether onCommunity territory orinthethird countries concerned ,
will make formore effective and more rational organization ofthe services
involved ,facilitate checks andsimplify theadministrative formalities .
Inthe light ofthese considerations ,aninternational agreement orseveral
international agreements with the third countries concerned would appear
the best way ofextending the scope ofthe common rules referred toin
Article b(j>).
Thenegotiations onthe conclusion ofsuch anagreement orseveral such
agreements must make itpossible tolay down the common rules that are
necessary inorder toextend ,wherever possible ,theexisting Community
rules -and inparticular those concerning the definitions ofthevarious
types ofpassenger services ,therules which apply tothem ,theauthori­
zation procedures and the format and content ofthe authorization docu­
ments -toservices involving third countries .
Given these general objectives ,thenegotiating directives must beflexible
enough tomake itpossible totake account oftheprogress ofthediscussions
and ofparticular technical requirements which mayemerge .

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FORM OFTHE AGREEMENT ORAGREEMENTS
7.Asproposed insection 5-2.,thenegotiations should preferably lead to
concluding amultilateral Agreement ,but there are still reserve powors to
negotiate bilateral agreements .Moreover ,itwould appear useful tobeable
toleave certain administrative work tothe secretariat ofthe European
Conference ofMinisters ofTransport (ECMT ).Inview oftheexistence ,
within the framework ofthe ECMT ,ofcertain regulations concerning regular
services and shuttle services inthe field ofinternational bus transport ,
itwould appear appropriate toinvite itssecretariat toattend themulti­
lateral negotiations asanobserver .
8.Economic impact ofthe rules tobeLaid down
Asurvey conducted inseveral Member States indicates that allpassenger
services have expanded appreciably over the last fewyears ,both on
routes within the Community and onroutes toand from third countries .
The main reasons for this are that :
-coach and busfares have not risen asfast asrail orair fares ;
-thetravelling conditions have improved (forexample ,thevehicles are
nowmore comfortable andmany motorways have been resurfaced );
-the coach and bus services available totourists are now better organized ,
and the range ofservices has been improved .
8.1 .Summary ofsome ofthe data gathered bythe Commission departments .
8.1.1 .Federal Republic ofGermany
The total number ofcoach passengers carried ,taking all the routes and
all categories ofservice together ,rose by40.6 %between 1970 and1980 .
Between 1980 and 1981 ,bus services' share oftotal passenger transport
rose from 8%to9.1 %,while the railways' and airlines' shares fell
from 13.3 %to12.2 %and from 15.3 %to13.9 %respectively .

-7-
8.1.2 .Belgium
The number ofshuttle services rose from 64in1978 to144 in1981 -an
increase of125 %.Over that period breakdown ofthese services was as
follows :
Year Total Intra-Community routes Routes involving third
countries
1978 64 12 52
1979 94 38 56
1980 128 59 69
1981 144 50 94
Note that in1981 Belgium hadalmost twice asmany services involving
third countries asinvolving other Community countries .
8.1.3 .France
France hasprovided data onanumber ofregular orspecial regular services
involving third countries ,some ofwhich are set out below :
Paris -Valencia -Murci-a :1978 :Number ofpassengers carried : 94.144
Passenger-ki lometres worked :101.298.944
1980 :Number ofpassengers carried : 111.973
Passenger-kilometres worked :119.898.140
Paris -Istanbul : 1979 :Number ofpassengers carried : 3.603
Passenger-ki lometres worked :10.809.000
1980 :Number ofpassengers carried : 4.146
Passenger-ki lometres worked :12.438.000
Amsterdam -Barcelona -Alicante:1978 :Number ofpassengers carried : 39.639
Passenger-ki lometres worked :77.278.000
, 1979 :Number ofpassengers carried : 99.020
Passenger-ki lometres worked :222.398.920

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8.1.4."Europabus"-thecoachservicewhichcertainEuropeanrailwaysrunfor
tourists-hasstatedthat47%ofits30regularinternational services
involved thirdcountries.
8.2.Thefiguresgiveninsection8.1clearlyillustratethattherehasbeen
asubstantial increaseinthenumberandscaleofregularservicesand
shuttleservicesonroutesinvolvingthirdcountries,andthattheeconomic
importanceofthoseservicescannotbeignored.

-9-
.LEGAL BASIS FOR THE NEGOTIATIONS -THE COMMUNITY 'SPOWERS
Article 75oftheEECTreaty together with Articlo 42ofRegulation No,117/66/
EECprovides thelegal basis forentering into negotiations 'with third countries
.inthis field .
Theadoption andimplementation ofRegulation No.117/66/EEC ,Regulation (EEC )
No.516/72andRegulation (EEC )No.517/72-all ofwhich were based onArticle
75oftheTreaty -brought the rules governing the international carriage of
passengers byroad into the sphere ofthe common transport policy and consequent
lynecessarily conferred ontheCommunity thepower toconclude with third coun­
tries any agreement onthematters covered bythose Regulations ,given that
external links cannot beseparated from the rules governing internal measures .
What ismore ,this Community competence isexclusive .Regulation No.117/66/EEC
gives theCommission the task ofnegotiating with third countries any agreements
related tothe field covered bythat Regulation .Moreover ,since this isan
area inwhich the Community has introduced common rules inthe context ofthe
common transport policy provided forbythe Treaty ofRome ,theMember States
nolonger have the right ,whether individually orcollectively ,toenter into
any obligations vis-a-vis third countries such asmight affect those rules .The
Community -alone isinaposition toguarantee that obligations entered into
vis-a-vis third countries are implemented inrespect ofall the area inwhich
theCommunity legal system applies ,and consequently italone has thepower to
conclude agreements tothat effect with third countires .
Theprocedural aspects arecovered byArticle 228 oftheEECTreaty .
.NEGOTIATING DIRECTIVES
10.1 .Article 2oftheproposal provides that theCommission istoconduct the
negotiations onthebasis oftheDirectives annexed totheproposal .
10.2 .TheECMT hasalready laid down general rules for theinternational
carriage ofpassengers bycoach andbus (inResolution No.20of16
December 1969 ,asamended on16June 1971 )•More specifically ,ithas
laid down definitions forregular services and shuttle services respect­
ively . ,
•/•••

-10-
10.3 .The negotiations should make itpossible toeliminate the differences
between Community Legislation and the rules which currently apply tothe
international carriage ofpassengers toand from third countries ,wherever
the current parallelism islikely toraise legal problems ormake it
difficult toapply the rules inpractice .However ,they should beconfined
solely tothe types ofservice provided between theMember States and
the third countries which are ofgenuine economic importance tothe
various parties .
10.4 .Inthe light oftheforegoing considerations ,thenegotiations will be
directed towards standardizing thedefinitions ofthevarious types of
regular services and shuttle services .
10.5 .Thedesire for common rules does notnecessarily imply that the same
rules should apply toall the third countries concerned ifeconomic and
social conditions warrant different rules anddisparities remain between
thecompetitive position ofthe individual countries .Separate agreements
could perhaps beconcluded with certain ofthethird countries concerned ,
ifthis isthis case .
Moreover ,inthe context ofthenegotiations oneshould not setout
systematically tobring theECMT rules into line with theCommunity
legislation butexamine whether ,and ifsotowhat extent ,thedifferences
between thetwosystems might call forchanges intheCommunity rules *
Thenecessary amendments toCommunity legislation would then bemade
intheRegulation establishing themeasures tobetaken tobring into
effect theagreement which istobeconcluded .
Theconclusions which canbedrawn from examining thedifferences between
thevarious systems inthis light -andwhich should befollowed up
during thenegotiations -are setoutbelow .

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10.6 .Scope ofthe negotiations
A.Def init ions
a)The ECMT definition ofregular services isbroadly similar tothe
Community definition ,aslaid down inArticle 1(1 )ofRegulation
n°117/66/EEC,though itgoes into greater detail .Inparticular ,it
isbased onthe following principles :
-fixed itinerary ;
-frequency ;and
-timetables .
The ECMT definition ofspecial regular services agrees word for word
with that inArticle 1(3 )ofRegulation n°117/66/EEC .
Itwould beappropriate tolook for ways ofextending thedefinition
laid down inArticle 1(1 )ofRegulation n°117/66/EEC tothe third
countries concerned ,since the wording ,and inparticular the reference
to"specified routes ",allows aclearer distinction tobemade between
the strictly controlled regular services and the liberalized occasional
services and will therefore make iteasier tostamp out abuses .
b)The ECMT definition ofshuttle services agrees word for word with that
inArticle 2(1), (2)and (3)ofthe Council Regulation .However ,it
does not incorporate the wording ofArticle 2(4),which provides for
fixing the conditions under which exceptions tothat definition may
beauthorized .
Since itisessential tocontinue toallow operators thefreedom to
accept for the return journey passengers whomade theoutward journey
with another group ,itwould bedesirable forthewording inquestion
tobeadded totheECMT definition ,which would then apply toservices
between theMember States and the third countries concerned .

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B.Scope
Both the ECMT Resolution andRegulation n°117/66/EEC (see the second
indent ofArticle 4(1 )thereof )apply tocarriage invehicles intended
tocarry more than nine persons ,including thedriver .However ,the
Council Regulation also stipulates that the vehicle must be"suitable "
for that purpose .
Itwould beadvisable iftheoccasion arises /topropose tothethird
countries that they tooshould add this extra detail and ,inconse­
quence ,accept thedefinition setoutinRegulation No.117/66/EEC .
C.Common rules ofamore general nature
Inaddition tothetechnical points referred toabove ,anumber ofmore
general common rules should beagreed with thethird countries inquestion ,
and inparti cular :
-detailed rules for joint examination ,bytherepresentatives ofeach
Contracting Party ,ofthegeneral operation oftheagreement oragreements
and ofspecial cases which mayarise when itisimplemented ;the
representatives could also putforward proposals foradditions or
amendments tothe agreement oragreements ;
-detailed rules for aprocedure for consultation and conciliation among
theContracting Parties whenever aparticular need arises orwhen a
dispute concerning the interpretation orapplication oftheagreement
oragreements makes itnecessary ;
-rules concerning theperiod ofvalidity oftheagreement oragreements ,
which itshould bepossible toextend automatically forsuccessive
periods ofapre-established duration ;
-rules concerning termination oftheagreement oragreements byoneofthe
Contracting Parties ,after consulting theother Party ,saidtheperiod
ofnotice required fornotification oftermination .

I>
Recommendation for aCouncil Decision authorizing theCommission tonegotiate
anAgreement between theEuropean Economic Community andthird
countries onthe rules applicable tocertain types ofinternational
carriage ofpassengers byroad ,bycoach andbus
THE COUNCIL OFTHE EUROPEAN COMMUNITIES ,
Having regard totheTreaty establishing theEuropean Economic Community ,
Having regard totherecommendation from theCommission ,
Whereas common rules ontheinternational carriage ofpassengers byroad
bycoach andbusbymeans ofregular services and shuttle services were
laid down inCouncil Regulation n°117/66/EEC (1);
Whereas Article 4(2)ofRegulation n°117/66/EECrequires theCommunity
toenter into anynegotiations with third countries which maybefound
necessary forthepurpose ofimplementing that Regulation ;whereas
paragraph 3ofthat Article provides that ,when thecommon rules provided
forinArticles 7and8have been laid down ,theCouncil shall ,assoon
aspossible ,laydown thecommon rules necessary inorder toenable
application ofthat Regulation tobeextended tointernational carriage
ofpassengers byroad toorfrom third countries ;whereas thecommon
rules provided for intheabovementioned Articles 7and 8were laid down
inCouncil Regulations (EEC)n°516/72(2)and517/72(3);
(1)O.J. n°147,09.08.1966 ,p.2688 /66
(2)O.J. n°L67,20.03.1972 ,p.13
(3)O.J. n°L67,20.03.1972 ,p.19

Whereas thenegotiations between the Community and certain third countries
concerning occasional services have been completed ,and theAgreement
relating thereto will shortly beconcluded onbehalf oftheCommunity ;
Whereas inview ofthe economic importance ofroad passenger traffic in
the form ofregular services and shuttle services between the Community
andthird countries ,itisalso desirable toextend theapplication of
theCommunity rules tosuch services ;
Whereas theonly adequate means ofattaining those objectives isfor
uniform rules tobeagreed between theCommunity and thethird countries
concerned ;
Whereas ,tothis end,the Commission should beauthorized toenter into
such negotiations asarenecessary ;
Whereas thesubstance andscope oftheagreement oragreements should be
specified andtheconciliation procedure should belaid down ;
Whereas Austria ,Finland ,Norway ,Portugal ,Spain ,Sweden ,Switzerland ,
Turkey and Yugoslavia are the third countries with the greatest interest
inroad passenger services toandfrom theCommunity ,andnegotiations
should therefore beentered into with these countries first ,
HAS DECIDED ASFOLLOWS

Article 1
TheCommission ishereby authorized toopen negotiations with Austria ,
Finland ,Norway ,Portugal ,Spain ,Sweden ,Switzerland ,Turkey andYugoslav
with aview toconcluding between theEuropean Economic Community and
those States anagreement oragreements establishing common rules for
the international carriage ofpassengers byroad bymeans ofregular
services and shuttle services bycoach orbus .
Article 2
The Commission shall conduct the negotiations inaccordance with the
directives contained inthe Annex .
Done atBrussels , For the Council
The President

ANNEX
NEGOTIATING DIRECTIVES
1.General objective
Thegeneral objective ofthenegotiations istoconclude anagreement or
agreements between the Community and certain third countries onrules
for the international carriage ofpassengers byroad bycoach and bus .
2.Substance and scope ofthe agreement oragreeements
2.1 .Definition ofthevarious types ofservice
(a)Thedefinitions laid down inArticle 1ofCouncil Regulation
n°117/66/EEC of28July 1966 (1)should beextended toinclude
regular services and special regular services between theMember
States and third countries .
(b)Thedefinition ofshuttle services ,aslaid down inArticle 2(1),
(2)and (3)ofRegulation n°117/66/EEC should also beextended ;
afurther provision should also beadded toitinorder toallow
thepublic authorities toauthorize carriers toaccept forthe
return journey passengers whomade theoutward journey with
another group .
2.2 .Stipulation concerning vehicles
Asregards theconstruction andequipment ofthevehicles ,the
stipulation made inthe second indent ofArticle 4(1 )ofthe above -
mentioned Council Regulation should also apply toservices between
the Member States and the third countries concerned .
2.3 .Consultation and conciliation
Provision should also bemade forconciliation procedures enabling the
representatives oftheContracting Parties tohold joint consultations
attherequest ofoneoftheparties whenever aparticular need arises
oradispute concerning theinterpretation orapplication oftheagree
ment oragreements makes them necessary .
(1)O.J. n°147.09.08.1966

\r<
I"■
-2-
The representatives could also review the general operation ofthe
agreement oragreements and ,where appropriate ,draw upproposals
for amending orsupplementing it.
2.k .Period ofvalidity and extension ofthe agreement oragreements
f
The agreement oragreements should bevalid for aperiod oftenyears .
Unless terminated byone oftheContracting Parties ,itsperiod of
validity should thereafter beextended automatically .
I2.5 *Termination ofthe agreement oragreements
Each Contracting Party should have the right toterminate the agreement
oragreements after consulting the other party before-hand and giving due
notice .
3.Form ofthe Agreement
3.1 .The negotiations will beconducted according totheprocedure set out in
Article 228 oftheEECTreaty .Third countries will beinvited tobegin
negotiations with theCommunity with aview toconcluding amultilateral
agreement .Ifthere isanopportunity during the course ofthese negotiat­
ions ,itwill still bepossible toopen bilateral negotiations with each
one ofthe third countries orwith agroup ofthese countries .
3.2 .Asinthe case ofASOK ,thesecretariat ofthe ECMT should beinvited to
take charge ofcertain administrative tasks ,provided for intheagreement
and relating toits administration .
Arepresentative ofthe secretariat could beinvited toattend the
negotiations .