Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (COM(95)0729 - C4-0113/96 - 96/0002(SYN)) (Cooperation procedure: first reading)
Date: 1996-11-28
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: carriage of passengers, carrier, freedom to provide services, national transport, road transport, single market













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51996AP0291

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (COM(95)0729 - C4-0113/96 - 96/0002(SYN)) (Cooperation procedure: first reading)  


Official Journal C 380 , 16/12/1996 P. 0035 





A4-0291/96Proposal for a Council Regulation laying down the conditions under which non- resident carriers may operate national road passenger transport services within a Member State (COM(95)0729 - C4-0113/96 - 96/0002(SYN))The proposal was approved with the following amendments:(Amendment 1)Recital 5a (new)>Text following EP vote>Whereas carriers providing such services should be subject to comparable systems, so as to limit inequality in the conditions of competition because of their nationality and country of establishment, and hence promote the gradual approximation of national legislations;(Amendment 2)Recital 5b (new)>Text following EP vote>Whereas maintaining fifteen different systems for cabotage is incompatible with the provisions of the Treaty concerning the internal market;(Amendment 3)Recital 6>Original text>Whereas establishing the internal market involves the abolition of frontier controls and, consequently, an increase in intra-Community traffic;>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 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 4)Recital 6a (new)>Text following EP vote>Whereas from an environmental point of view it is desirable to offer carriers the possibility, through improved rules, of optimizing the degree of capacity utilization of their vehicles;(Amendment 5)Recital 6b (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 6)Recital 6c (new)>Text following EP vote>Whereas, according to the common transport policy action programme 1995-2000 (COM(95)0302), accessibility of transport systems is one of the aims of the policy; whereas, furthermore, in its resolution of 16 September 1987 on transport for the 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;>Text following EP vote>1 OJ C 281, 19.10.1987, p. 85.(Amendment 7)Recital 6d (new)>Text following EP vote>Whereas, according to the common transport policy priorities set out in the White Paper (COM(92)0494), the Commission will submit, before 30 June 1997, proposals for the extension of cabotage to own-account transport services, for the liberalization of the hire of vehicles without drivers for passenger transport in other Member States, and, finally, for cabotage passenger transport services using vehicles designed to carry fewer than nine passengers;(Amendment 8)Recital 7>Original text>Whereas the rules applicable to cabotage for all forms of coach and bus service must be established;>Text following EP vote>Whereas the rules applicable to cabotage for all forms of coach and bus service must be established, whether the service is actually provided by a firm resident in the host Member State or by a non-resident firm;(Amendment 9)Recital 8>Original text>Whereas the provisions of the host Member State applicable to cabotage transport operations should be fixed;>Text following EP vote>Whereas the provisions of the host Member State applicable to cabotage transport operations should be fixed, so as to ensure that such transport operations are carried out under a comparable authorization system and comparable regulatory conditions, whether these regular services are purely national or are part of an international service;(Amendment 10)Recital 8a (new)>Text following EP vote>Whereas it would be desirable for cabotage passenger transport service operators to have, on the territory of the Member State in which the services are provided, a representative whom users could contact if necessary;(Amendment 11)Article 1, first paragraph, first indent>Original text>- is established in a Member State, hereinafter referred to as the 'Member State of establishment', in accordance with its legislation, and>Text following EP vote>- is established in a Member State of the Community where his main centre of activity or registered place of business is located, hereinafter referred to as the 'Member State of establishment', in accordance with its legislation, and(Amendment 12)Article 2(3), second subparagraph (c)>Original text>(c) the carriage of soldiers and their families between their place of origin and the area of their barracks.>Text following EP vote>(c) the carriage of soldiers or members of other security forces and their families between their place of origin and the area of their barracks.(Amendment 13)Article 3(2) and (3)>Original text>2. the regular services defined in Article 2(1), provided they are performed by a carrier not resident in the host Member State in the course of a regular international service in accordance with the provisions of Council Regulation 684/92;>Text following EP vote>2. the regular services defined in Article 2(1), with the exception of domestic routes in geographical areas already covered by EU legislation, in particular by Council Directive 93/38/EEC, provided they are performed by a carrier not resident in the host Member State in the course of a regular international service in accordance with the provisions of Council Regulation 684/92 and are authorized in accordance with the provisions of Articles 5 to 10 of that Regulation.>Original text>3. the other regular services.>Text following EP vote>Until such time as the Council adopts a regulation on the contracting of transport services on the basis of public service obligations, regular urban, suburban and regional services shall not be covered by this Regulation; in addition, other regular services shall be excluded in geographical areas in which services have been put out to tender under EU tendering procedures or are to be put out to tender by 2002.(Amendment 14)Article 4>Original text>1. Cabotage transport operations carried out in accordance with Article 3(2) shall be subject to authorization by the competent authorities in the host Member State.>Text following EP vote>Deleted.>Original text>2. Applications for authorization may be refused:>Original text>(a) if the competent authorities in the host Member State produce evidence that the regular service for which the application to perform cabotage operations has been submitted 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;>Original text>(b) if the competent authorities in the host Member State produce evidence that the regular service for which the application to perform cabotage operations has been submitted is aimed only at the most lucrative of the services existing on the links concerned.>Original text>The fact that an operator offers lower prices than are offered by other road carriers 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.>Original text>Paragraph 4(a) of Article 7 of Regulation (EEC) No 684/92 shall apply, mutatis mutandis, to applications for authorization of cabotage operations in the form of the regular services provided in Article 3(2).>Original text>Reasons must be given for rejection of the application.>Original text>The competent authorities may refuse applications only on the basis of reasons compatible with this Regulation.>Original text>3. The Member States shall guarantee carriers an opportunity to defend their interests in the event of rejection of their application for authorization.>Original text>4. Authorizations shall be issued in the name of the transport undertaking; they may not be transferred by the latter to third parties. However, the carrier who has received the authorization may, with the consent of the competent authority in the host Member State, operate the service through the only subcontractor authorized to provide the international service referred to in Article 2(1)(1) of Regulation (EEC) No. 684/92. In this case, the name and role of the subcontractor shall be indicated in the authorization. The subcontractor must fulfil the conditions laid down in Article 1.>Original text>In the case of undertakings associated for the purpose of performing cabotage operations in the form of a regular service, the cabotage authorization shall be issued in the names of all the undertakings. It shall be given to the undertaking that manages the operation and copies shall be given to the others. The authorization shall state the names of all the operators.>Original text>5. The authorization shall be valid for a maximum of five years and, in any case, for not longer than the authorization relating to the international service within the framework of which the cabotage operation is carried out.>Original text>6. Save in the event of force majeure, the operator of a regular cabotage service shall, until the authorization expires, take all measures to guarantee a transport service that fulfils the standards of continuity, regularity and capacity and the other conditions laid down by the competent authority of the host Member State with regard to the route of the service, the bus stops, the timetable and the period of validity of the authorization. These conditions may not be less favourable than the conditions applied to regular transport services provided by resident carriers.>Original text>7. The authorization or a certified true copy thereof must be kept on board the vehicle.>Original text>8. The Commission shall, after consulting the Member States, lay down the model for applications for authorization of cabotage operations in the form of regular services, the model authorization and the way in which they are to be used.(Amendment 15)Article 8(3)>Original text>3. The Commission shall send the Member States as soon as possible summary statements drawn up on the basis of the data submitted under paragraph 1.>Text following EP vote>3. The Commission shall send the Member States and the European Parliament as soon as possible summary statements drawn up on the basis of the data submitted under paragraphs 1 and 2.(Amendment 16)Article 13>Original text>The Commission shall report to the Council before 31 December 1999 on the application of this Regulation and, in particular, on the impact of cabotage transport operations on national transport markets.>Text following EP vote>1. The Commission shall report to Parliament and the Council before 31 December 1996 on both the results of the implementation of Regulation (EEC) No 2454/92 and on the operation of regular services in the Member States.>Text following EP vote>2. The Commission shall report to the Parliament and the Council before 31 December 1999 on the application of this Regulation and, in particular, on the impact of cabotage transport operations on national transport markets, and also on whether it would be appropriate to extend the scope of the Regulation. If appropriate, and on the basis of the conclusions of the report, the Commission shall submit to the Council a proposal for a Regulation.Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (COM(95)0729 - C4-0113/96 - 96/0002(SYN))(Cooperation procedure: first reading)The European Parliament,- having regard to the Commission proposal to the Council, COM(95)0729 - 96/0002(SYN) ((1 OJ C 60, 29.2.1996, p. 10.)),- having been consulted by the Council pursuant to Articles 189c and 75 of the EC Treaty (C4-0113/96),- 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 Economic and Monetary Affairs and Industrial Policy (A4-0291/96),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 should the Council 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.