26. 11. 88 Official Journal of the European Communities No C 301/5 
II 
(Preparatory Acts) 
COMMISSION 
Amendments to the proposal for a Council Regulation (EEC) on common rules for the interna­
tional carriage of passengers by coach and bus (') 
COM(88) 595 final 
(Submitted by the Commission to the Council pursuant to Article 149 (3) of the EEC Treaty on 
4 November 1988) 
(88/C 301/07) 
The Commission proposal of 7 April 1987, as set out in 
document COM(87) 79 final, is hereby amended as 
follows: 6. Article 4 is replaced by the following text: 
Article 4 
1. A new recital is introduced after the fourth recital: 
'Whereas it is appropriate to extend this flexible 
regime to shuttle services with accommodation in 
order to meet market requirements'. 
2. a) In the fifth recital after 'shuttle services', 'without 
accommodation' is inserted. 
b) A new recital is introduced after the fifth recital: 
'Whereas authorizations for services operated by 
several undertakings provided for in this Regu­
lation are without prejudice to authorizations or 
exemptions required by other Community rules'. 
3. In Article 2 (2) (a), the last indent is deleted. 
4. In Article 2 (3) (a), the second indent is deleted. 
5. In Article 2, the following new paragraph 4 is 
inserted: Access to the market 
Occasional services and shuttle services with accom­
modation shall not require authorization.' 
7. Article 5 is replaced by the following text: 
Article 5 
Control document 
1. A transport undertaking operating occasional 
services and shuttle services with accommodation 
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; 
(d) in the case of a shuttle service with accommo­
dation, details of the timetable, places and hotels 
or other establishments where the persons 
carried are staying, as well as the length of the 
stay. 
'4. The definitions given in paragraphs 1 to 3 shall 
also apply to empty journeys carried out in 
connection with the services referred to therein'. 
(') OJ No C 120, 6. 5. 1987, p. 9. 3. The control document shall be supplied by the 
competent authorities of the Member State where 
the transport undertaking is established. 
4. The Commission shall, after consultation with 
the Member States, prescribe the model for the 
control document and the way in which the control 
document is to be used.' 
No C 301/6 Official Journal of the European Communities 26. 11. 88 
8. Article 6 is replaced by the following text: 
'Article 6 
Access to the market 
Regular services and shuttle services without accom­
modation shall be subject to authorization in 
accordance with Articles 8 to 14.' 
9. Article 7 is replaced by the following text: 
'Article 7 
Special cases 
Shuttle services without accommodation 
Authorizations as required by Article 6 shall enable 
transport undertakings to operate shuttle services 
without accommodation in the following special 
cases: 
— to pick up on the return journey with another 
group up to a maximum of 30 % of the 
passengers on the outward journey, 
— to pick up passengers at a maximum of six places 
on the outward journey and deposit them at a 
maximum of six places on the return journey 
provided that this is in the State from which the 
service departs, 
— to set down passengers at a maximum of six 
places on the outward journey and pick them up 
at a maximum of six places on the return journey 
provided that this is in the State of destination of 
the service.' 
10. Article 8, paragraphs 1 to 3, is replaced by the 
following text: 
'1. Authorizations for regular services and for 
shuttle services without accommodation shall be 
issued in the name of the transport undertaking; 
they may not be transferred by the latter to third 
parties. However, the undertaking that has received 
the authorization may operate the service wholly or 
partially through a sub-contractor. In this case, the 
name of the latter undertaking and its role as sub­
contractor shall be indicated in the authorization. 
In the case of a service operated by several under­
takings, the undertaking that manages it shall 
present a request for authorization in the name of all 
the undertakings concerned. The authorization shall 
be established in the name of all these undertakings 
and be given to the undertaking that manages the 
pool, with a copy to the others. 
2. The period of validity of an authorization may 
not exceed seven years for regular services and 
special regular services and two years for shuttle 
services without accommodation. 
3. Authorizations shall specify the following: 
(a) the type of service; 
(b) the route of the service, giving in particular the 
place of departure and the place of destination; (c) the service timetable; 
(d) the schedule of driving and rest periods for 
drivers; 
(e) the period of validity of the authorization; 
(f) for regular services and special regular services, 
the stops and fares.' 
11. Article 9 is replaced by the following text: 
'Article 9 
Scope of the authorization 
Transport undertakings shall be entitled to operate 
regular services, special regular services and shuttle 
services without accommodation in the territories of 
all Member States over which the routes of the 
services pass.' 
12. Article 10, paragraphs 1 and 2, is replaced by the 
following text: 
'1. Applications for authorization 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'. 
2. Persons applying for authorization shall 
provide the authorizing authority with all the 
relevant information.' 
13. Article 11 is replaced by the following text: 
Article 11 
Examination of applications 
1. The authorizing authority shall issue the auth­
orization in accordance with Article 12, unless it can 
be shown that the service which is the subject of the 
application for authorization would compete unfairly 
with existing services in the areas concerned. 
2. The authorizing authority may refuse 
applications 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 legis­
lation in regard to road or vehicle safety and driving 
and rest periods. 
3. The authorizing authority may refuse 
applications only on the basis of reasons compatible 
with this Regulation.' 
2D. 11.88 COfficial]oLirnal of the European Cornrntinities ^oC^OlBB 
14. Articlel2 is replaced by the following te^or 
A^c^^2 
Au^ho^^uon^^ocedure 
1. I^he authorising authority shall issue an auth 
ori^ation in agreement with the competent auth 
oritiesof allthe^iember^tates in whose territories 
passengers are takenup or set down. Inordertodo 
this, it shall forward a copy of the application, 
together with copies of any other documentation, 
and of its opinion on the application. 
2. The competent authorities of the member 
states whose agreement has been requested shall 
notify theauthori^ingauthority of theiropinion on 
the application within two months for regular 
services and special regular services and one month 
for shuttle services without accommodation. L^hese 
timedimits shall be calculated from the date of 
receiptof therequestfor an opinion. If, within this 
timedimit,the authorising authority hasrecei^edno 
reply, the aforementioned authorities shall be 
considered as having gi^en their agreement. 
^. ^ub^ect to Article 1^, the authorising authority 
shalltakeadecisionontheapplicationwithinthree 
months of the date of receiving the application for 
regular and special regular services and within two 
months for shuttle services without accommodation. 
4. fda^ingcompletedtheprocedureslaiddownin 
this Article and in Article 1^, the authorising 
authority shall inform the authorities referred to in 
paragraph 1 abo^e and the authorities of the 
member states whose territory is crossed in transit 
by theser^ice, of its decision, sending them acopy 
of theauthori^ation^thetransit^tatesmay indicate 
thattheydonotwishtobesoinformedB 
1^. Article l^C^^^^^l^^^^^l^^i^^^^ 
^1. If theprocedurelaiddownin Article 12does 
not enable the authorising authority to decide on an 
application,theauthori^ingauthority shall refer the 
matter totheCommissionwithinfourmonthsfrom 
thedateofrecei^inganapplicationfor regular and 
special regular services and within three months for 
shuttle services without accommodationB 
ID. fhe following paragraph^is added to Articlel^^ 5^. Lhe Commission decision shall continue to 
apply until such time as agreement is reached 
between the member states concernedB 
17. Articlel4is replaced by the following te^ue 
Issue of autho^auor^s 
1. COnce the procedures laid down in Articles 12 
and 1^ ha^e been completed, the authorising 
authority shall grant the transport undertaking an 
authorisation or shall formally refuse the 
application. 
2. Precisions refusing an application must state the 
reasons onwhichthey are based and member states 
shall ensure that transport undertakings are gi^en the 
opportunity to make representations inthe case of a 
refusalB 
18. Article 1^, paragraphs 1 and ^ and Article 17 are 
deleted 
19. Articlel8,paragraph 1, is replaced by the following 
te^or 
U Lhe provisions of Articles lOto 14 shall apply 
^^^ ^^^^^ to all applications relating to the 
alteration of the conditions of services subject to 
authorisation or the renewal of authori^ationB 
20 Articles 20 and21 are deleted 
21 Article 24, paragraph 1, is replaced by the following 
te^ 
U. L^he authorisation or control document shall 
be carried on the^ehicle and shall be presented at 
the request of any authorised inspecting officerB 
22. Article 27, paragraph 1, is replaced by the following 
te^B 
U. member states may enter into bilateral or 
multilateralarrangementstosimplify theprocedures 
provided for in this Regulation for the authorisation 
of shuttle services without accommodation, regular 
services and special regular ser^icesB