Re-examined proposal for a Council Regulation (EC) laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State
Date: 1997-10-02
Institutions: European Commission
Subjects: carriage of passengers, freedom to provide services, market access, road cabotage, road transport

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  02.10.1997 
COM(97) 455 final 

96/0002  (SYN) 

Re-examined proposal  for a 

COUNCIL RfiGïfLATIQN  (EC) 

laying down the conditions under which non-resident carriers may 
operate national road passenger transport services within a Member State 

(presented by the Commission pursuant to Article  189 c (d) 
of the EC Treaty) 

EXPLANATORY  MEMORANDUM 

At its plenary  session  of  14 to  18 July  1997, the European  Parliament  approved,  subject 
to a number of amendments, the text of the common  position adopted  by the Council  on 
14 April  19971 with a view to adopting Council Regulation (EC) No 
laying down the 
conditions  under  which  non-resident  carriers  may  operate  national  road  passenger 
transport services within a Member State. 

The Commission has accepted the following  amendments: 

Amendment  1  concerning  recital  5a  (new)  of  the  common  position,  relating  to  the 
cabotage of regular services not covered by the Regulation, with some rewording. 

Amendment 2, paragraph  1  concerning Article  13 of the common position, relating to the 
drafting  of  the  report  on  the  implementation  of  Regulation  No 2454/92  and  on  the 
operation of regular services in the Member States. 

The Commission has not accepted  Amendment 2, paragraph 2 concerning  the use of the 
recapitulative  statistics  referred  to  in Article 7. In producing  the  report  the  Commission 
will use all available information, not just the recapitulative statistics. 

Accordingly, the Commission has amended its proposal as follows: 

Annex: 2 amendments 

1  OJC  164, 30.5.1997, p. 17. 

-2 

Re-examined proposal for 

COUNCIL REGULATION (EC) No 

taytag dew» tfe© eeoditrans Hauler which non-reaideifct carrier» may 
operate RaHettal raaé passenger transport services witain a Member State 

The text of the common position adopted by the Council on  14 April  1997 with a view to 
adopting  Council  Regulation  (EC) No 
laying  down  the conditions  under  which  non 
resident carriers may operate national  road passenger transport  services within  a Member 
State, is amended as follows: 

Council common position 

Re-examined  proposal 

Recital 5a (new) 

"Whereas the question of harmonisation  of 
access to the market in regular services not 
covered by this Regulation will be 
examined as part of the action to be taken 
following  the Green Paper  'The Citizens' 
Network - fulfilling  the potential  of public 
passenger transport in Europe.' 

Council common position 

Re-examined  proposal 

Article 13 

The Commission shall report to the 
European  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. 

"1.  The Commission  shall report to the 
European Parliament and the Council, 
before  30 June  1998. on the results of the 
implementation  of Regulation  (EEC) 
No 2454/92 and on the operation  of 
'regular services' in the Member States. 

2* The Commission shall report to the 
European 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." 

Remainder of text unchanged. 

r Road passenger transport  **n 

À4-0234/97 

Decision on the common position adopted by the Council with a view to the adoption of a Council 
Regulation laying down the conditions under which non-resident carriers may operate national 
road passenger transport services with a Member State (C4-0172/97 - 96/0002(SYN)) 

(Cooperation procedure: second reading) 

Common position of the Council 

Amendments by Parliament 

(Amendment 1) 
Recital 5a (new) 

(52L)  Whereas the Commission has stated that it 
intends  to  reexamine  the  question  of 
harmonization of access to the market in 
regular  services  not  covered  bv  this 
Regulation as part of the initiatives it will 
adopt  in  response  to  reactions  to  the 
Green  Paper:  The  Citizens'  Network  ° 
fulfilling  the potential of public passenger 
transport in Europe': 

(Amendment 2) 

(>)  OJC 380, 16.12.1996, p. 35. 
(2)  OJC 60, 29.2.1996, p. 10. 

4. 

P F l g 6 S 38 

Jin  Commission shall report to the Council and 
"*nd£ament before  31  December  1999  on  the 
'^plication of this Regulation and, m particular, 
.it, f he impact of cabotage transport operations  _ 
on nrdonal transport markets. 

X.  The Commisysfon phall report to parliament 
and the Council before 30 June 1998 on both ffo*> 
results  of  the  implementation  of  Regulfffo" 
• (EEC) No 2454/92 and the operation of regular 
services  in the Member States, with a view  ^ 
new legislative initiatives based on reactions  ^ 
the Green Paper on The Citizens' Network1 

2u  The  Commission  shall  report  to  the 
Council  and  Pariiament  before  31  December 
1999 on the application of this Regulation and, 
in  particular,  on  the  impact  of  cabotage 
in  national  transport 
transport  operations 
markets, using the statistical data referred to in 
Article?. 

PE166938 

ISSN 0254-1475 

COM(97) 455  final 

DOCUMENTS 

EN 

07  06  08  10 

Catalogue number  :  CB-CO-97-468-EN-C 

ISBN 92-78-24610-7 

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