Proposal for a Council Decision on the signature of the Interbus Agreement on the international occasional carriage of passengers by coach and bus
Date: 2000-12-04
Institutions: European Commission
Subjects: Central and Eastern Europe, agreement (EU), bus, carriage of passengers, international transport

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 04.12.2000
COM(2000)799 final

Proposal for a

COUNCIL DECISION

on the signature of the Interbus Agreement on the international occasional carriage of
passengers by coach and bus

(presented by the Commission)

1.

1.

2.

3.

4.

5.

EXPLANATORY MEMORANDUM

GENERAL BACKGROUND

the Council authorised the Commission to negotiate a
On 7 December 1995,
Community Agreement on the international occasional carriage of passengers by
coach and bus with third countries in Central and Eastern Europe which are members
of the European Conference of Ministers of Transport. Negotiations have been
opened with 14 countries, namely: Bosnia-Herzegovina, Bulgaria, Croatia, Czech
Republic, Estonia, Hungary, Latvia, Lithuania, Moldova, Poland, Romania, Slovakia,
Slovenia, Turkey.

The main aim was to obtain the same degree of liberalisation as that achieved by the
Agreement on the carriage of passengers by road by means of occasional coach and
bus services (ASOR) signed in Dublin on 26 May 19821 for certain occasional
services, other occasional services remaining subject to authorisation. The need to
make a new agreement arose from the fact hat the ASOR Agreement had been signed
with countries which have since become members of the European Union and only
Norway, Turkey and Switzerland were still covered by the ASOR Agreement, which
did not provide for future accession.

This Interbus Agreement therefore includes most of the liberalisation measures of the
ASOR Agreement but adds social, fiscal and technical measures based on the
principle of non-discrimination between the Contracting Parties. The Agreement will
govern not only traffic between the Community and the third countries concerned but
also traffic between the third countries themselves, thereby creating a certain degree
of harmonisation of fiscal, social and technical requirements in addition to the rules
on market access. Similarly, the Interbus Agreement, unlike the ASOR Agreement,
provides for accession after to its entry into force for any member of the CEMT as
the Principality of Monaco and the
well as for the Republic of San Marino,
Principality of Andorra. The Interbus Agreement replaces the bilateral agreements
concluded between the Contracting Parties.

Six negotiating sessions have been held with the Contracting Parties, in consultation
with a Committee designated by the Council, during which the various chapters of
the Agreement have been discussed. Turkey never replied to the invitations to take
part in the negotiations. The Member States were on each occasion invited to take
part as observers. Meetings of experts were also held with the Member States for
certain technical aspects of the Agreement. The Commission sent the successive
drafts of the Agreement to both the Member States and the partner countries. On two
occasions, the draft Agreement was put before the Transport Working Party of the
Council.

A closing negotiating session was held on 13 April 2000 during which the partner
countries present expressed their agreement with the text. Twelve countries were
present, six of them initialled the Agreement (Bulgaria, Czech Republic, Moldova,
Poland, Romania, Latvia) and six others expressed their intention to sign the

1

Regulation (EEC) No 56/83 of 16 December 1982 concerning the implementation of the Agreement
on the international carriage of passengers by road by means of occasional coach and bus services -
OJ L 10, 13.1.1983.

2

Agreement (Estonia, Lithuania, Slovakia, Slovenia, Croatia, Bosnia-Herzegovina).
Hungary and Turkey did not take part in the initialling ceremony.

The period for the signature of the Agreement was opened on 14 April 2000 and will
close on 31 December 2000.

CONTENTS OF THE AGREEMENT

The principle of non-discrimination.

6.

2.

7.

The Agreement provides in a general manner that
the Contracting Parties are
required to ensure that the principle of non-discrimination on the grounds of the
nationality or the place of establishment of the transport operator and of the origin or
destination of the bus or coach is applied.

8.

Access to the market.

the following are exempt

The Agreement provides that
from authorisation:
closed-door tours, services which make the outward journey laden and the return
journey unladen, services on which the outward journey is made unladen and all the
passengers are taken up in the same place, transit operators, buses and coaches to be
used exclusively for the replacement of a bus or coach which is damaged. These
services are performed under the cover of control documents issued by the competent
authorities, the models of which are established by the Agreement.

Other occasional services are subject
authorisation procedures are established in the Agreement.

to authorisation. The detailed rules and

9.

Harmonisation of laws

With regard to the requirements applicable to transport operators, the Agreement
provides that the Contracting Parties must apply provisions equivalent to those laid
down by the Community Directive on admission to the occupation (Annex 1 to the
Agreement).

Similarly, a timetable is provided for the adaptation of the technical standards
applicable to the vehicles to various Community directives (Annex 2 to the
Agreement) to ensure that, by 2010 at the latest, only buses and coaches equivalent
to EURO 1 standard are on the road.

In addition, the Agreement provides that the Contracting Parties which have not yet
done so must accede to the European Agreement concerning the work of crews of
vehicles engaged in international road transport (AETR).

10.

Fiscal provisions

In order to avoid double taxation and to maintain the principle of non-discrimination,
the Agreement provides that no tax will levied on the circulation or possession of
vehicles and no special tax on transport operations in the territory of the other
Contracting Parties. The Joint Committee will be instructed to draw up a list of the
taxes which may only be levied on the Contracting Party of registration of the
vehicle. However, taxes and charges on motor fuel, Value Added Tax, road tolls and

3

this obligation does not mean that

other charges for the use of infrastructure will apply in a non-discriminatory manner.
there may not be differences,
Nonetheless,
depending on the place of establishment of the transport operator, as regards the
application of certain fiscal procedures and requirements (e.g. the requirement to
appoint a tax representative) and as regards the application of the 13th VAT
Directive.

An exemption from import duty is provided for a limited quantity of fuel contained
in vehicles and of lubricants. Similarly, spare parts may be imported free of import
duties.

11.

Controls

The Contracting Parties are responsible for the control of transport operations in their
territory. It is their responsibility to check that the control documents are properly
completed and used in accordance with the services carried out. The Contracting
Parties must also lay down a system of penalties for breaching the terms of the
Agreement, which may include temporary exclusion from their territory.

12.

Management of the Agreement

A Joint Committee made up of representatives of the Contracting Parties is provided
for in the Agreement. Its task includes ensuring the proper implementation of the
Agreement; providing information for the Contracting Parties; adapting the control
documents to any new measures adopted within the Community; seeking to resolve
any dispute which may arise over the implementation of the Agreement.

13.

New accessions

3.

14.

15.

The Interbus Agreement provides that CEMT member countries may accede to the
Agreement after its entry into force.

CONCLUSION

The Commission believes that the negotiations have made it possible to obtain a draft
Agreement which is acceptable to the Community. It therefore asks the Council:

(1)

(2)

to approve the results of the negotiations

to decide to sign the Agreement.

It therefore presents to the Council this proposal for a Council Decision on the
signature of the Interbus Agreement on the international occasional carriage of
passengers by coach and bus between the Community and the Central and Eastern
European countries.

4

Proposal for a

COUNCIL DECISION

on the signature of the Interbus Agreement on the international occasional carriage
of passengers by coach and bus

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,
Article 71(1) in conjunction with the first sentence of Article 300(2) thereof,

in particular

Having regard to the proposal from the Commission,2

Whereas it is necessary to authorise the signature of the Interbus Agreement on the
international occasional carriage of passengers by coach and bus,

HAS DECIDED AS FOLLOWS:

Article 1

The signature, subject to conclusion, of the Interbus Agreement on the international
occasional carriage of passengers by coach and bus is hereby approved on behalf of the
Community.

Article 2

The President of the Council is authorised to designate the persons empowered to sign
the Agreement on behalf of the Community.

Done at Brussels, […]

For the Council
The President

2

OJ [...], [...], p. [...].

5

ANNEX

Agreement on the International Occasional Carriage of Passengers by Coach and
bus INTERBUS

The Contracting Parties:

HAVING REGARD to the desire to promote the development of international
transport in Europe and especially to facilitate the organisation and operation
thereof,

HAVING REGARD to the desire to facilitate tourism and cultural exchange
between the Contracting Parties;

WHEREAS the Agreement on the international Carriage of Passengers by Road
by means of Occasional Coach and Bus Services (ASOR), signed in Dublin on
the 26th May 1982 does not provide for any scope for the accession of new
Parties;

WHEREAS the experience and the liberalisation achieved by this latter
Agreement should be maintained;

WHEREAS it is desirable to provide for harmonised liberalisation of certain
international occasional services by coach and bus and the transit operations
thereof;

WHEREAS it is desirable to provide for certain harmonised rules of procedure
for non-liberalised international occasional services, that are thus still subject to
authorisation,

WHEREAS it is necessary to provide for a high degree of harmonisation of the
technical conditions applying to vehicles carrying out international occasional
services between Contracting Parties in order to improve road safety and
protection of the environment;

is necessary that Contracting Parties should apply uniform
WHEREAS it
measures concerning the work of the crews of vehicles engaged in international
road transport;

WHEREAS it is desirable to provide for harmonisation of the conditions for
access to the occupation of road passenger transport operator;

WHEREAS the principle of non-discrimination on grounds of nationality or the
place of establishment of the transport operator, and of the origin or destination
of the bus or coach, should be considered to be a basic condition applying to the
provision of international transport services;

is necessary to provide for uniform models for

WHEREAS it
transport
documents such as the control document for liberalised occasional services and
also the authorisation and the application form for non-liberalised services in
order to facilitate and simplify inspection procedures;

6

WHEREAS it is necessary to provide for certain harmonised measures on the
enforcement of the Agreement, especially as far as control procedures, penalties
and mutual assistance are concerned;

WHEREAS it is appropriate to establish certain procedures for the management
of the Agreement in order to ensure proper enforcement and to permit some
technical adaptation of the annexes;

WHEREAS the Agreement should be open for accession to future Members of
the European Conference of Ministers of Transport and to certain other
European Countries;

HAVE DECIDED to establish uniform rules for the international occasional
carriage of passengers by coach and bus;

HAVE AGREED AS FOLLOWS:

7

SECTION I
Scope and definitions

Article 1
Scope

1.

This agreement shall apply:

a) to the international carriage of passengers, of any nationality, by road by

means of occasional services :

- between the territories of two Contracting Parties, or starting and
finishing on the territory of the same Contracting Party and, should the
need arise during such services, in transit through the territory of another
Contracting Party or through the territory of a non-Contracting State;

- carried out by transport operators for hire or reward established in a
Contracting Party in accordance with its law and holding a licence to
undertake carriage by means of international occasional services by
coach and bus;

- using buses and coaches registered in the Contracting Party where the

transport operator is established.

b) to unladen journeys of the buses and coaches concerned with these services.

None of the provisions of this Agreement may be interpreted as providing the
possibility to operate national occasional services in the territory of a
Contracting Party by operators established in another Contracting Party.

The use of buses and coaches designed to carry passengers for the transport of
goods for commercial purposes is excluded from the scope of this Agreement.

The present Agreement does not concern own account occasional services.

2.

3.

4.

Article 2
Non discrimination

Contracting Parties are required to ensure that
the principle of non-
discrimination on the grounds of the nationality or the place of establishment of
the transport operator, and of the origin or destination of the bus or coach, is
applied, in particular with regard to fiscal provisions as established in section VI
as well as control and penalties as established in section IX.

8

1.

2.

3.

4.

5.

Article 3
Definitions

For the purposes of this Agreement, the following definitions shall apply:

“Buses and coaches” are vehicles which, by virtue of their construction and their
equipment, are suitable for carrying more than nine persons,
including the
driver, and are intended for that purpose.

‘International Occasional services' are services between the territory of at least
two Contracting Parties falling neither within the definition of regular services
or special regular services nor the definition of a shuttle service. Such services
may be operated with some degree of frequency without thereby ceasing to be
occasional services.

'Regular Services’ are services which provide for the carriage of passengers
according to a specified frequency and along specified routes, whereby
passengers may be taken up or set down at predetermined stopping points.
Regular services can be subject
to the obligation to respect previously
established timetables and tariffs.

'Special Regular Services' are services, by whomsoever organised, which
provide for the carriage of specified categories of passengers to the exclusion of
other passengers, insofar as such services are operated under the conditions
specified in point 3. Special regular services shall include:

–

–

the carriage of workers between home and work;

the carriage of school pupils and students to and from the educational
institution;

The fact that a special regular service may be varied according to the needs of
users shall not affect its classification as a regular service.

'Shuttle services' are services whereby, by means of repeated outward and return
journeys, previously formed groups of passengers are carried from a single place
of departure to a single destination. Each group, consisting of the passengers
who made the outward journey, shall be carried back to the place of departure
on
operator.
Place of departure and destination shall mean, respectively, the place where the
journey begins and the place where the journey ends, together with, in each
case, the surrounding localities within a radius of 50 km.

transport

journey

same

later

the

by

a

In the course of shuttle services, no passenger may be taken up or set down
during the journey.

The first return journey and the last outward journey in a series of shuttles shall
be made unladen.

However, the classification of a transport operation as a shuttle service shall not
be affected by the fact that, with the agreement of the competent authorities in
the Contracting Party or Parties concerned:

9

- passengers, notwithstanding the provisions of sub-paragraph 1, make the return

journey with another group or another transport operator.

- passengers, notwithstanding the provisions of sub-paragraph 2, are taken up or

set down along the way.

- the first outward journey and the last return journey of the series of shuttles

are, notwithstanding the provisions of sub-paragraph 3, made unladen.

“Contracting Parties” are those signatories that have consented to be bound by
this Agreement and for which this Agreement is in force.
The present Agreement applies to those territories where the Treaty establishing
the European Community is applied and under the conditions laid down in that
Treaty and to BOSNIA-HERZEGOVINA, BULGARIA, CROATIA, CZECH
REPUBLIC, ESTONIA, HUNGARY, LATVIA, LITHUANIA, MOLDOVA,
POLAND, ROMANIA, SLOVAKIA, SLOVENIA, TURKEY, as far as they
have concluded the present Agreement.

“Competent Authorities” are those authorities designated by the Member States
of the Community and by the other Contracting Parties to carry out the tasks set
out in sections V, VI, VII, VIII and IX of this Agreement.

“Transit” means the part of a transport operation through the territory of a
Contracting Party without passengers being picked up or set down.

SECTION II
Conditions applying to road passenger transport operators

Article 4

Contracting Parties which have not yet done so shall apply provisions equivalent
to those established by the European Community Directive referred to in
annex 1.

Concerning the condition on the appropriate financial standing referred to in
Article 3, paragraph 3 of such Directive, Contracting Parties may apply a
minimum available capital and reserves lower than the amount established in
point (c), up to the date of 1.1.2003 or even to 1.1.2005 under condition in the
the time of the
latter case that a corresponding declaration be made at
ratification of the Agreement, without prejudice to the provisions included in the
Europe Agreement
establishing an association between the European
Communities and their Member States and certain Contracting Parties of the
present Agreement.

6.

7.

8.

1.

2.

10

SECTION III
Technical conditions applying to vehicles

Article 5

The buses and coaches used to carry out the international occasional services
covered by this Agreement shall comply with the technical standards laid down
in annex 2.

SECTION IV
Access to the market

Article 6
Liberalised occasional services

1.

2.

3.

The following occasional services shall be exempted from authorisation on the
territory of any Contracting Party other than that in which the transport operator
is established.

closed-door tours,
that is to say services whereby the same bus or coach is used to carry the same
group of passengers throughout the journey and to bring them back to the place
of departure. The place of departure is in the territory of the Contracting Party in
which the transport operator is established.

services which make the outward journey laden and the return journey unladen.
The place of departure is in the terrritory of the Contracting Party in which the
transport operator is established.

services which the outward journey is made unladen and all the passengers are
taken up in the same place, provided that one of the following conditions are
met:

a) passengers constitute groups, on the territory of a non-Contracting Party or of
a Contracting Party other than that in which the transport operator is established
or that where the passengers are taken up, that have been formed under contracts
of carriage made before their arrival in the territory of the latter Contracting
Party. Passengers are carried on the territory of the Contracting Party in which
the transport operator is established.

b) passengers have been previously brought, by the same transport operator in
the
the circumstances provided for under point 2,
Contracting Party where they are taken up again and carried into the territory of
the Contracting Party in which the transport operator is established.

into the territory of

11

c) passengers have been invited to travel into the territory of another Contracting
Party, the cost of transport being borne by the person issuing the invitation. Such
passengers must constitute a homogeneous group, which has not been formed
solely with a view to undertake that particular journey and which is brought into
the territory of the Contracting Party in which the transport operator is
established.

transit operations through Contracting Parties in conjunction with occasional
services that are exempted from authorisation shall also be exempted from
authorisation.

Unladen buses and coaches to be used exclusively for the replacement of a bus
or a coach damaged or broken down, while performing an international service
covered by this Agreement shall also be exempted from authorisation.

For services provided by transport operators established within the European
Community, the points of departure and/or destination of the services can be in
any Member State of the European Community, independently of the Member
State in which the bus or coach is registered or the Member State in which the
transport operator is established.

Article 7
Non-liberalised occasional services

Occasional services other than those referred to in Article 6 shall be subject to
authorisation in accordance with Article 15.

For services provided by transport operators established within the European
Community, the points of departure and/or destination of the services can be in
any Member State of the European Community, independently of the Member
State in which the bus or coach is registered or the Member State in which the
transport operator is established.

4.

5.

1.

2.

SECTION V
Social provisions

Article 8

The Contracting Parties to this Agreement which have not yet done so shall
accede to the European Agreement concerning the work of Crews of Vehicles
(ERTA) of 1 July 1970, as
engaged in International Road Transport
subsequently amended, or shall apply Community Regulations 3820/85 and
3821/85 as in force at the entry into force of this Agreement.

12

SECTION VI
Custom and Fiscal provisions

1.

2.

3.

4.

5.

Article 9

Buses and coaches that are engaged in transport operations in accordance with
this Agreement shall be exempted from all vehicle taxes and charges levied on
the circulation or possession of vehicles as well as from all special taxes or
charges levied on transport operations in the territory of the other Contracting
Parties.
Buses and coaches shall not be exempted from payment of taxes and charges on
motor fuel, Value Added Tax on transport services, road tolls and user charges
levied on the use of infrastructure.

Contracting Parties shall ensure that tolls and any other form of user charges
may not be imposed at the same time for the use of a single road section.
However, Contracting Parties may also impose tolls on networks where user
charges are levied, for the use of bridges, tunnels and mountain passes.

The fuel for buses and coaches, contained in the fuel tanks established by the
manufacturer for this purpose, and in any case not more than 600 litres, as well
as the lubricants contained in buses and coaches for the sole purpose of their
operation, shall be exempted from import duties and any other taxes and
payments imposed in other Contracting Parties.

The Joint Committee established in Article 23 will draft a list of the taxes
concerning road transport of passengers by bus and coach levied in each
Contracting Party. This list will indicate the taxes falling under the provisions of
point 1, first paragraph, of this article that can only be levied in the Contracting
Party of registration of the vehicle. This list will also indicate the taxes falling
under the provisions of point 1, second paragraph, of this article that may be
levied in Contracting Parties other than the Contracting Party of registration of
the vehicle. Contracting Parties which replace any tax included in the referred
lists with another tax of the same or different kind shall notify the Joint
Committee in order to make the necessary amendments.

Spare parts and tools imported for the repair of a damaged bus or coach while
performing an international road transport operation shall be exempted from
customs duty and from all taxes and charges at the time of importation into the
territory of the other Contracting Party under the conditions laid down in its
provisions concerning temporary admission of such goods. The spare parts
which are replaced should be re-exported or destroyed under the control of the
competent customs authority of the other Contracting Party.

13

SECTION VII
Control documents for occasional services exempted from
authorisation.

Article 10

The provision of services referred to in article 6 shall be carried out under cover
of a control document issued by the competent authorities or by any duly
authorised agency of the Contracting Party in which the transport operator is
established.

Article 11

The control document shall consist of detachable passenger waybills in
duplicate in books of 25. The control document shall conform to the model
shown in Annex 3 to this Agreement.

Each book and its component passenger waybills shall bear a number. The
passenger waybills shall also be numbered consecutively, running from 1 to 25.

The wording on the cover of the book and that on the passenger waybills shall
be printed in the official
the
Contracting Party in which the transport operator is established.

language or several official

languages of

Article 12

The book referred to in Article 11 shall be made out in the name of the transport
operator; it shall not be transferable.

The top copy of the passenger waybill shall be kept on the bus or coach
throughout the journey to which it refers.

The transport operator shall be responsible for seeing that passenger waybills are
duly and correctly completed.

Article 13

The passenger waybill shall be completed in duplicate by the transport operator
for each journey before the start of the journey.

For the purpose of providing the names of passengers, the transport operator
may use a previous completed list on a separate sheet, which shall be annexed to
the passenger waybill. The transport operator's stamp or, where appropriate, the
transport operator's signature or that of the driver of the bus or coach shall be
placed both on the list and on the passenger waybill.

14

1.

2.

3.

1.

2.

3.

1.

2.

3.

For the services involving an outward unladen journey referred to in Article 6
(3) of this Agreement, the list of passengers may be completed as provided in
paragraph 2 at the time when the passengers are taken up.

Article 14

The competent authorities of two or more Contracting Parties may agree that the
list of passengers need not be drawn up. In that case, the number of passengers
must be shown on the control document.

The Joint Committee established in Article 23 shall be informed of these
agreements.

SECTION VIII
Authorisation for non-liberalised occasional services.

Article 15

1.

An authorisation for each occasional service which has not been liberalised
under the provisions of Article 6 shall be issued, in mutual agreement by the
competent authorities of the Contracting Parties where passengers are picked up
or set down as well as by the competent authorities of the Contracting Parties,
crossed in transit. When the point of departure or destination is situated in a
Member State of the European Community, the transit through other Member
States of this Community will not be subject to authorisation.

2.

The authorisation shall conform to the model laid down in Annex 5.

Article 16
Application for authorisation

1.

2.

3.

The application for authorisation shall be submitted by the transport operator to
the competent authorities of the Contracting Party on whose territory the point
of departure is situated.
Applications shall conform to the model laid down in Annex 4.

Transport operators shall fill in the application form and attach evidence that the
applicant is licensed to perform carriage by means of international occasional
services by coach and bus referred to in article 1 (1) (a), second paragraph;

The competent authorities of the Contracting Party in whose territory the place
of departure is situated shall examine the application for authorisation of the
service concerned and,
in the case of its approval, shall forward it to the
competent authorities of the Contracting Party(ies) of destination as well as the
competent authorities of the Contracting Parties in transit.

15

4.

5.

As a derogation from Article 15 paragraph 1, Contracting Parties whose
territories are crossed in transit may decide that their agreement is no longer
necessary for services envisaged in this Section.
the Joint
In this case,
Committee established in Article 23 shall be informed of this decision.

The competent authorities of the Contracting Party(ies) whose agreement has
been requested shall
issue the authorisation within one month, without
discrimination as to the nationality or place of establishment of the transport
operator. If these authorities do not agree on the terms of the authorisation they
shall inform the competent authorities of the Contracting Party (ies) concerned
of the relevant reasons.

Article 17

The competent authorities of two or more Contracting Parties may agree to
simplify the authorisation procedure, the model of application for authorisation
and the model of authorisation for the occasional services carried out between
these Contracting Parties. The Joint Committee established in Article 23 shall be
informed of these agreements.

SECTION IX
Controls, penalties and mutual assistance.

Article 18

The control documents referred to in article 10 and the authorisations referred to
in article 15 shall be carried on the bus or coach and shall be presented at the
request of any authorised inspecting officer.

Article 19

The competent authorities in the Contracting Parties shall ensure that
transport operators comply with the provisions of this Agreement.

the

Article 20

A certified true copy of the licence to perform carriage by means of international
occasional services by bus and coach referred to in article 1 (1) (a), second
indent, shall be kept on the bus or coach and shall be presented at the request of
any authorised inspecting officer.

The Joint Committee established in article 23 shall be informed about the
models of such a document
issued by the competent authorities of the
Contracting Parties.

16

Article 21

The competent authorities of the Contracting Parties shall lay down a system of
penalties for breaching this Agreement. The penalties thus provided for shall be
effective, proportionate and dissuasive.

Article 22

repeated infringements of

regulations concerning road
Where serious or
transport, especially those concerning driving and resting time and road safety,
have been committed by non-resident transport operators and might lead to
withdrawal of the licence to practise as a road passenger transport operator, the
competent authorities of the Contracting Party concerned shall provide the
competent authorities of the Contracting Party in which such a transport
operator is established with all of the information in their possession concerning
those infringements and the penalties that they have imposed.

The competent authorities of the Contracting Party in whose territory the serious
or repeated infringement of regulations concerning road transport, especially
those concerning driving and resting time and road safety have occurred, may
temporarily deny access for the transport operator concerned to the territory of
this contracting party.
As far as the European Community is concerned, the competent authority of a
Member State may only temporary deny access to the territory of that Member
State.
Competent authorities of the Contracting Party of establishment of the transport
operator and the Joint Committee established in Article 23 shall be informed of
such measures.

repeated infringements of

Where serious or
regulations concerning road
transport, especially those concerning driving and resting time and road safety,
have been committed by a transport operator, the competent authorities of the
Contracting Parties where the transport operator is established shall withdraw
the authorisation to practise as a road passenger transport operator. The Joint
Committee established in Article 23 shall be informed on such measures.

Contracting Parties shall guarantee the right of the transport operator to appeal
against the sanctions imposed.

1.

2.

3.

4.

17

SECTION X
The Joint Committee

Article 23

1.

2.

3.

4.

5.

6.

1.

2.

In order to facilitate the management of this Agreement, a Joint Committee is
hereby established. This Committee shall be made up of representatives of the
Contracting Parties.

The Joint Committee shall meet for the first time within six months of the entry
into force of the present Agreement.

The Joint Committee shall establish its own rules of procedure.

The Joint Committee will meet at the request of at least one Contracting Party.

The Joint Committee may adopt decisions only when two thirds of the
Contracting Parties, including the European Community, are represented in the
Joint Committee meetings.

In so far as the Joint Committee is required to take decisions, unanimity of the
Contracting Parties represented shall be required. In the event that unanimity
cannot be achieved, then the competent authorities concerned shall, following a
request by one or more of the Contracting Parties concerned, meet
for
consultation within a period of six weeks.

Article 24

The Joint Committee shall ensure proper implementation of this Agreement. The
Committee will be informed of any measure adopted or to be adopted in order to
implement the provisions of this Agreement.

The Joint Committee shall in particular :

(a)

(b)

(c)

On the basis of the information provided by the Contracting Parties, draw
up a list of competent authorities of the Contracting Parties responsible for
the tasks referred to in Sections V, VI VII, VIII and IX of this Agreement.

amend or adapt the control documents and other models of documents
established in the annexes of this Agreement.

amend or adapt the annexes concerning the technical standards applying to
buses and coaches,as well as annex 1 regarding the conditions applying to
road passenger transport referred to in Article 4, in order to incorporate
future measures adopted within the European Community.

18

(d)

(e)

(f)

(g)

de dresser, sur la base des informations communiquées par les parties
contractantes, une liste de tous les droits, taxes et redevances visés à
l'article 9, paragraphes 4 et 5, pour information

amend or adapt the requirements concerning the social provisions referred
to in article 8 in order to incorporate future measures adopted within the
European Community

resolve any dispute which may arise over
interpretation of this agreement.

the implementation and

recommend further steps towards the liberalisation of those occasional
services still subject to authorisation.

The Contracting Parties shall adopt the measures necessary to enforce any
decisions adopted by the Joint Committee in accordance, where necessary, with
their own internal procedures.

If an agreement cannot be reached to settle the dispute in accordance with
paragraph 2, point (f) of this article, the Contracting Parties concerned may
request the advice of an arbitration panel. Each Contracting Party concerned
shall appoint an arbitrator. The Joint Committee itself shall also appoint an
arbitrator.
The arbitrators’ decisions shall be taken by majority vote.
Contracting Parties concerned to the dispute must take the steps required to
implement the decisions of the arbitrators.

SECTION XI
General and final provisions.

Article 25
Bilateral Agreements

The provisions of this Agreement shall replace those relevant provisions of the
agreements concluded between Contracting Parties. As far as the European
Community is concerned,
this provision applies to agreements concluded
between any Member State and a Contracting Party.

Contracting Parties other than the European Community may agree not to apply
article 5 and annex 2 of the present Agreement and apply other technical
standards to buses and coaches executing occasional bus services between these
Contracting Parties including transit of their territories.

3.

4.

1.

2.

19

3.

1.

2.

1.

Notwithstanding the provisions of article 6 of Annex 2, the provisions of this
agreement shall replace those relevant provisions of the agreements concluded
between the Member States of the European Community and other Contracting
Parties.
However, the provisions granting an exemption from authorisation contained in
existing bilateral agreements between Member States of the European
Community and other Contracting Parties for occasional services mentioned in
Article 7 may be maintained and renewed. In that case, the Contracting Parties
concerned will immediately inform the Joint Committee established in
article 23.

Article 26
Signature

This agreement shall be open for signature at Brussels from 14 April 2000 to
31 December 2000 at the General secretariat of the Council of the European
Union who shall act as the depository of the present agreement

Article 27
Ratification or Approval and Depository of the Agreement

This Agreement shall be approved or ratified by the signatories in accordance
with their own procedures. The instruments of approval or ratification shall be
deposited by Contracting Parties with the General Secretariat of the Council of
the European Union, which shall notify all other signatories.

Article 28
Entry into force

This Agreement shall enter into force for the Contracting Parties that have
approved or ratified it, when four Contracting Parties including the European
Community have approved or ratified it, on the first day of the third month
following the date on which the fourth instrument of approval or ratification is
deposited, or even on the first day of the sixth month, under condition in the
latter case that a corresponding declaration be made at
the time of the
ratification of the Agreement.

This Agreement shall enter into force, for each Contracting Party that approves
or ratifies it after the entry into force provided for in paragraph 1, on the first
day of the third month following the date on which the Contracting Party
concerned has deposited its instrument of approval or ratification.

Article 29
Duration of the Agreement - evaluation of the functioning of the Agreement

This Agreement shall be concluded for a period of five years, dating from its
entry into force.

20

2.

3.

1.

2.

3.

4.

The duration of this Agreement shall be automatically extended for successive
periods of five years among those Contracting Parties who do not express their
wish not to do so. In the latter case the Contracting Party concerned shall notify
the Depository of its intention according to Article 31.

Before the end of each period of five years, the Joint Committee shall evaluate
the functioning of this Agreement.

Article 30
Accession

After its entry into force, the present Agreement shall be open to accession by
countries which are full members of the European Conference of Ministers of
Transport (ECMT). In the event of the accession to the present Agreement by
countries that are member of the Agreement on the European Economic Area,
the present Agreement shall not apply among the Contracting Parties of the
Agreement on the European Economic Area.

This Agreement shall also be open to accession by the Republic of San Marino,
the Principality of Andorra and the Principality of Monaco.

For each Party acceding to this Agreement after the entry into force provided for
in Article 28, the Agreement shall enter into force on the first day of the third
month after deposit by such Party of its instrument of Accession.

Each Party acceding to this Agreement after the entry into force foreseen in
Article 28, may be granted a period of three years maximum for the adoption of
provisions equivalent to the directive (s) referred to in Annex 1. The Joint
Committee shall be informed of any such measures adopted.

Article 31
Denunciation

Each Contracting Party may, for its part, denounce this Agreement with one
year's notice by simultaneous notification of the other Contracting Parties
through the Depository of the Agreement. The Joint Committee shall also be
informed of the reasons of the denunciation. However, the Agreement cannot be
denounced during the first four years which follow its entry into force, as
provided for under Article 28.

If the Agreement is denounced by one or more Contracting Parties, and the
number of Contracting Parties falls below the number agreed for the original
entry into force as provided for in Article 28, the Agreement shall remain in
force unless the Joint Committee, comprising the remaining Contracting Parties,
decides otherwise.

21

Article 32
Termination

A Contracting Party that has acceded to the European Union shall cease to be
treated as a Contracting Party from the date of such accession.

Article 33
Annexes

Annexes to this Agreement shall constitute an integral part thereof.

Article 34
Languages

This Agreement, drawn up in English, French and German language, these texts
being authentic, shall be deposited in the archives of the General Secretariat of
the Council of the European Union which shall transmit a certified true copy to
each of the Contracting Parties.

Each Contracting Party shall ensure a proper translation of this Agreement in its
official language or official languages. A copy of this translation shall be
deposited in the archives of the General Secretariat of the Council of the
European Union.

A copy of all translations of the Agreement and the annexes will be sent by the
Depository to all Contracting Parties.

In witness whereof
Agreement.

the undersigned plenipotentiaries have signed this

22

ANNEX 1

The Conditions applying to road passenger transport operators referred to in
Article 4

The European Community Directive referred to in Article 4 is the following :

Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road
-
haulage operator and road passenger transport operator and mutual recognition of diplomas,
certificates and other evidence of formal qualification intended to facilitate for these
operators the right of freedom of establishment for national and international transport
operations. (Official Journal of the European Communities n° L 124 of 23.5.1996, p. 1) as
last amended by Council Directive 98/76/EC of 1 October 1998 (Official Journal of the
European Communities n° L 277 of 14.10.1998 p.17).

23

ANNEX 2

Technical standards applying to buses and coaches

Article 1

As from the date of entry into force for each Contracting Party of the INTERBUS
international occasional carriage of
Agreement, buses and coaches
passengers shall comply with the rules established in the following legal texts:

carrying out

a) Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of
the Member States relating to roadworthiness tests for motor vehicles and their trailers
transport (Official Journal of the European Communities n° L 46 of 17.2.1997, p.1).

b) Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed
limitation devices for certain categories of motor vehicles in the Community transport
(Official Journal of the European Communities n° L 57 of 2.3.1992, p.27).

c) Council Directive 96/53/EEC of 25 July 1996 on the weights dimensions and other
technical characteristics of certain road transport vehicles (Official Journal of
the
European Communities n° L 235 of 17.9.1996, p.59).

d) Council Regulation (EEC) n° 3821/85 of 20 December 1985 on recording equipment
in road transport (Official Journal of the European Communities n° L 370 of 31.12.1985,
p.8) as last amended by Commission Regulation (EC) n° 2135/98 of 24.9.1998 (Official
Journal L 274 of 9.10.1998, p. 1) or equivalent rules established by AETR Agreement
including its Protocols.

24

Article 2

As from the date of entry into force of INTERBUS Agreement for each Contracting
Party, Contracting Parties other than the European Community shall comply, for buses
and coaches carrying out
international occasional carriage of passengers, with the
technical requirements of the following Community Directives or equivalent UN-ECE
Regulations on uniform provisions concerning the type approval for new vehicles and
their equipment.

Item

Exhaust emission

UN-ECE
Regulation / last
amendment

49/01
49/02, approval A
49/02, approval B

Smoke

Noise emission

24/03

51/02

Brake system

13/09

Tyres

Light installation

54

48/01

EC-Directive
(original-latest)

Date of
implementation
within the EU

88/77
-91/542 step 1
-91/542 step 2
-96/1

72/306

70/157
-84/424
-92/97

71/320
-88/194
-91/422
-98/12

92/23

76/756
-91/663
97/28

01/10/1993
01/10/1996

02/08/1972

01/10/1989
01/10/1996

01/10/1991
01/10/1994

01/01/1993

01/01/1994

Article 3

The buses and coaches carrying out the following services:

a) services from any Member State of the Community (except Greece) to any Contracting
Party of INTERBUS;

b) services from any Contracting Party of INTERBUS to any Member State of the
Community (except Greece);

25

c) services from any Contracting Party of INTERBUS to Greece in transit through any
other Member State of the Community carried out by transport operators established in
any Contracting Party of INTERBUS,

shall be subject to the following rules:

1.- Buses and coaches first registered before 1.1.1980 cannot be used for the occasional
services covered by present Agreement.

2.- Buses and coaches first registered between 1.1.1980 and 31.12.1981 can only be used
until 31.12.2000.

3.- Buses and coaches first registered between 1.1.1982 and 31.12.1983 can only be used
until 31.12.2001.

4.- Buses and coaches first registered between 1.1.1984 and 31.12.1985 can only be used
until 31.12.2002.

5.- Buses and coaches first registered between 1.1.1986 and 31.12.1987 can only be
used until 31.12.2003.

6.- Buses and coaches first registered between 1.1.1988 and 31.12.1989 can only be used
until 31.12.2004.

7.- Only Buses and coaches first registered as from 1.1.1990 (EURO 0) can be used from
1.1.2005.

8.- Only Buses and coaches first registered as from 1.10.1993 (EURO 1) can be used
from 1.1.2007.

Article 4

Buses and coaches carrying out the following services:

a) services from Greece to Contracting Parties of INTERBUS;

b) services from Contracting Parties of INTERBUS to Greece;

shall be subject to the following rules:

1.- Buses and coaches first registered before 1.1.1980 cannot be used for the occasional
services covered by present Agreement.

2.- Buses and coaches first registered between
used until 31.12.2000.

1.1.1980 and 31.12.1981 can only be

3.- Buses and coaches first registered between 1.1.1982 and 31.12.1983 can only be used
until 31.12.2001.

4.- Buses and coaches first registered between 1.1.1984 and 31.12.1985 can only be used
until 31.12.2003.

26

5.- Buses and coaches first registered between 1.1.1986 and 31.12.1987 can only be
used until 31.12.2005.

6.- Buses and coaches first registered between 1.1.1988 and 31.12.1989 can only be used
until 31.12.2007.

7.- Only Buses and coaches first registered as from 1.1.1990 (EURO 0) can be used from
1.1.2008.

8.-Only Buses and coaches first registered as from 1.10.1993 (EURO 1) can be used from
1.1.2010.

Article 5

Community buses and coaches used in bilateral traffic between Greece and other
Member States of the Community in transit through Contracting Parties of INTERBUS
Agreement are not covered by present rules on technical standards, but are subject to
European Community rules.

Article 6

1.- The rules on technical standards included in bilateral agreements or arrangements
between Member States of the Community and Contracting Parties of INTERBUS
Agreement, concerning bilateral traffic and transit, which are stricter than the rules
established in this Agreement may be applied until 31 December 2006.

2.- Member States of the Community and Contracting Parties of the INTERBUS
Agreement concerned shall inform the Joint Committee established in Article 23 of the
Agreement on the contents of such bilateral agreements or arrangements.

Article 7

1.- A document proving the date of vehicle’s first registration shall be kept on board and
shall be presented at the request of any authorised inspecting officer. For the purpose of
this Annex the terms “date of vehicle’s first registration” shall refer to the first
registration of the vehicle after its manufacture. When this date of registration is not
available, it will be referred to as the date of construction.

2.- In the event that the original bus engine has been replaced by a new engine the
document referred to in paragraph 1 of this article shall be substituted by a document
proving the compliance of the new engine to the relevant type approval rules mentioned
in Article 3.

Article 8

1.- Notwithstanding the provision referred to in paragraph a) of Article 1 of this Annex,
Contracting Parties may establish random inspections in order to control that the buses
and coaches concerned comply with the provisions of Directive 96/96/EC. For the
purpose of this Annex “random inspections” shall mean an unscheduled and therefore
unexpected inspection of a bus or coach circulating on the territory of a Contracting Party
carried out by the authorities at the roadside.

27

2.- In order to carry out the roadside inspection provided for in this Annex, competent
authorities of Contracting Parties shall use the checklist included in Annex II a and II b.
A copy of this checklist drawn up by the authority which carried it out shall be given to
the driver of the bus or coach and presented on request in order to simplify or avoid,
where possible, subsequent inspections within a short and unreasonable period.

3.- If the vehicle examiner considers that the deficiency in the maintenance of the bus or
coach justifies further examination,
the bus or coach may be subjected to a
roadworthiness test at an approved testing centre in accordance with Article 2 of
Community Directive 96/96/EC.

4.- Without prejudice to other penalties which may be imposed, if the consequence of the
random inspection is that the bus or coach does not comply with the provisions of Directive
96/96/EC and therefore is considered to present a serious risk to its occupants or other
road users, then the bus or coach may be banned immediately from use on the public roads.

5.- Roadside checks shall be carried out without discrimination on the grounds of
nationality, residence or registration of buses and coaches and drivers respectively.

28

ANNEX II a

CHECKLIST

1. Place of check .....................

2. Date....................

3. Time ........

4. Vehicle nationality mark

and registration number ...............

5. Class of vehicle

(cid:1)

Coach3

6. Name and address of transport operator carrying out transport

......................................……………………..........................….....

7. Nationality .............................................................................…....

8. Driver........................................................................................….

9. Gross mass of unit..........................................................................

10. Reason for failure:

• Braking System and components

• Steering linkages

• Lamps, lighting and signalling devices

• Wheels/hubs /tyres

• Exhaust system

• Smoke opacity (diesel)

• Gaseous emissions (petrol)

3

Motor vehicle with at least four wheels used for the carriage of passengers, comprising more
than eight seats in addition to the driver’s seat (categories M2, M3)

29

11. Miscellaneous/remarks

12. Authority/officer having carried out the inspection

13. Result of inspection

• pass

• passed with minor defects

• serious defects

• immediate prohibition

Signature of testing inspector/Authorisation

30

ANNEX II b

Technical standards of the roadside check

Buses and coaches as defined in Article 3 of this Agrteement shall be maintained in such a
condition that can be deemed as roadworthy by the inspection authorities.

The items that shall be inspected will include those that are considered to be important for the
safe and clean operation of the bus or coach. As well as simple functional checks (lighting,
signalling, tyre condition etc.), specific tests and/or inspections shall be carried out on the
vehicle’s brakes and the motor vehicle’s emissions in the following manner:

1. Brakes

It is required that every part of the braking system and its means of operation shall be
maintained in good and efficient working order and be properly adjusted.

The bus or coach’s brakes shall be capable of performing the following three braking
functions:

(a)For buses and coaches and their trailers and semi-trailers, a service brake capable of
slowing down the vehicle and of stopping it safely, rapidly and efficiently, whatever its
conditions of loading and whatever the upward or downward gradient of the road on which
it is moving;

(b)For buses and coaches and their trailers and semi-trailers a parking brake capable of
holding the bus or coach stationary, whatever its condition of loading, on a noticeable
upward or downward gradient, the operative surfaces of the brake being held in the braking
position by a device whose action is purely mechanical;

(c)For buses and coaches, a secondary (emergency) brake capable of slowing down and
stopping the bus or coach , whatever its condition of loading, within a reasonable distance,
even in the event of failure of the service brake.

Where the maintenance condition of the bus or coach is in doubt then the inspection
authorities may test the bus or coach’s braking performance in accordance with some or all
of the provisions of Directive 96/96/EC annex II, item I.

2. Exhaust Emissions

2.1 Exhaust emission

2.1.1 Buses and coaches equipped with positive-ignition (petrol) engines.

(a)Where the exhaust emissions are not controlled by an advanced emission control system

such as a three-way catalytic converter which is lambda-probe controlled:

1.

Visual inspection of the exhaust system in order to check that there is no leakage.

If appropriate, visual inspection of the emission control system in order to check

2.
that the required equipment has been fitted.

31

After a reasonable period of engine conditioning (taking account of the bus or coach
manufacturer’s recommendations) the carbon monoxide (CO) content of the exhaust
gases is measured when the engine is idling (no load).

The maximum permissible CO content in the exhaust gases is that stated by the bus or
coach manufacturer. Where this information is not available or where Member States’
competent authorities decide not to use it as a reference value, the CO content must not
exceed the following :

- for buses and coaches registered or put into service for the first time between the date
from which Contracting Parties required the buses and coaches to comply with
Directive 70/220/EEC4 and 1 October 1986: CO - 4,5 % vol.

- for buses and coaches registered or put
1 October 1986 : CO - 3,5 % vol.

into service for the first

time after

(b) Where the exhaust emissions are controlled by an advanced emission control system

such as a three-way catalytic converter which is lambda-probe controlled :

Visual inspection of the exhaust system in order to check that there are no

1.
leakages and that all parts are complete.

Visual inspection of the emission control system in order to check that the

2.
required equipment has been fitted.

Determination of the efficiency of the bus or coach’s emission control system by
3.
measuring the lambda value and the CO content of the exhaust gases in accordance with
section 4 or with the procedures proposed by the manufacturers and approved at the time
of type-approval. For each of the tests the engine is conditioned in accordance with the
bus or coach manufacturer’s recommendations.

4.

Exhaust pipe emissions - limit values

Measurement at engine idling speed :

The maximum permissible CO content in the exhaust gases is that stated by the bus or
coach manufacturer. Where this information is not available, the maximum CO content
must not exceed 0,5% vol.

Measurement at high idle speed, engine speed to be at least 2 000 min-1:

CO content : maximum 0,3 % vol.

Lambda : 1

±

0,03 in accordance with the manufacturer’s specifications.

4

Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States relating
to measures to be taken against air pollution by emissions from motor vehicles (OJ No L 76, 9.3.1970, p.1) and
corrigendum (OJ No L 81, 11.4.1970, p. 15), as last amended by European Parliament and Council Directive
94/12/EC (OJ No L 100, 19.4.1994, p. 42).

32

2.1.2 Buses and coaches equipped with compression ignition (diesel) engines.

Measurement of exhaust gas opacity with free acceleration (no load from idling up to cut-
off speed). The level of concentration must not exceed the level recorded on the plate
pursuant to Directive 72/306/EEC5. Where this information is not available or where
Contracting Parties ’ competent authorities decide not to use it as a reference, the limit
values of the coefficient of absorption are as follows:

Maximum coefficient of absorption for:

- naturally aspirated diesel engines = 2,5 m-1,

- turbo-charged diesel engines = 3,0 m-1

or equivalent values where use is made of equipment of a type different from that used for
EC type-approval.

2.1.3 Test equipment

Buses and coaches emissions are tested using equipment designed to establish accurately
whether the limit values prescribed or indicated by the manufacturer have been complied
with.

2.2 Where appropriate, a check on the correct functioning of the On Board Diagnostic (OBD)
emission monitoring system.

5

Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating
to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (OJ L 190,
20.8.1972, p.1), Directive as last amended by Commission Directive 89/491/EEC (OJ L 238, 15.8.1989, p. 43).

33

Model of Control Document for occasional services exempted from authorisation

ANNEX 3

(Front cover - recto)

(green-coloured paper: DIN A4 + 29.7 x 21 cm)

(To be worded in the official language(s) or one of the official languages

of the Contracting Party where the transport operator is established)

State in which the control document is issued-
Distinguishing sign of the country -6

Competent authority or duly authorised agency

Book No ..................................

BOOK OF PASSENGER WAYBILLS

INTERBUS

For the international carriage of passengers by road by means of occasional coach and bus services

established pursuant to :

- Articles 6 and 10 of the Agreement on the International Occasional Carriage of Passengers by Coach and Bus -

INTERBUS Agreement.

Name or trade name of the transport operator : ...........................................................................................................................................

......................................................................................................................................................................................................................

Address : ......................................................................................................................................................................................................

......................................................................................................................................................................................................................

...............................................................................................................

. ..................................................................................

(Place and date of issue of book)

(Signature and stamp of the authority or agency issuing the book)

6

Belgium (B), Denmark (DK), Germany (D), Greece (GR), Spain (E), France (F), Ireland (IRL), Italy (I),
Luxembourg (L), Netherlands (NL),Portugal (P),United Kingdom (UK), Finland (FIN), Austria (A), Sweden
(S), Bulgaria(BG), Czech Republik (CZ), Estonia (EST), Hungary (H), Lithuania (LT), Latvia (LV), Poland
(PL), Romania (RO), Slovak Republik (SK), Slovenia (SLO) to be completed .

34

(green-coloured paper : DIN A4 = 29.7 x 21 cm)

(Flyleaf of the book of waybills - recto)

(To be worded in the official language(s) or one of the official languages of the
Contracting Party where the transport operator is established)

IMPORTANT NOTICE

For services provided by transport operators established within the European Community, the
points of departure and/or destination of the services can be in any Member State of the European
Community, independently of the Member State in which the bus or coach is registered or the
Contracting Party in which the transport operator is established.

3. Conditions applicable to buses and coaches

Buses and coaches used to carry out
international occasional services covered by the
INTERBUS Agreement shall comply with the technical standards according to Article 5 and
Annex 2 of such Agreement

4. Information concerning the completion of the waybill.

1.

For each journey carried out as an occasional service the transport operator must
complete a passenger waybill in duplicate, before the start of the journey.

For the purpose of providing the names of passengers, the transport operator may use a
list previously completed on a separate sheet, which shall be annexed to the passenger
waybill. The transport operator's stamp or, where appropriate, the transport operator's
signature or that of the driver of the vehicle must be placed both on the list and on the
passenger waybill.

For services where the outward journey is made unladen, the list of passengers may be
completed as provided above at the time when the passengers are taken up.

The top copy of the passenger waybill must be kept on board the bus or coach
throughout the journey and be produced whenever required by any authorised inspecting
officer.

2.

For services where the outward journey is made unladen, referred to in point 4C of the
waybill, the transport operator must attach the following supporting documents to the
passenger control document.

-

-

-

in cases mentioned under 4 C1: the copy of the contract of carriage in so far as some
countries require it, or any other equivalent document which establishes the essential
data of this contract (especially place, country and date of conclusion, place, country
and date when passengers are taken up, place and country of destination);

in the case of services falling within 4 C2 : the passenger waybill which accompanied
the bus or coach during the corresponding journey made by the transport operator
outward laden/return unladen in order to bring the passengers into the territory of the
Contracting Party where they are taken up again;

in the case of services falling within 4 C3 : the letter of invitation from the person
issuing the invitation or a photocopy thereof.

In the course of occasional services no passenger may be taken up or set down during the
journey, save for exemption authorised by the competent authorities. In that case an
authorisation is needed.

The transport operator is responsible for seeing that passenger waybills are duly and
correctly completed. They shall be completed in block letters and in indelible ink.

The book of waybills is not transferable.

3.

4.

5.

1. Services covered by the INTERBUS Agreement are the following:

1) International carriage of passengers of any nationality, by road by means of occasional services:

:

- between the territories of two Contracting Parties, or starting and finishing in the territory of
the same Contracting Party, and should the need arise during such service, in transit through
the territory of another Contracting Party or through the territory of a non-Contracting State;

-

-

carried out by transport operators for hire or reward established in a Contracting Party in
accordance with its law and
holding a licence to undertake carriage by means of
international occasional services by coach and bus;

using buses and coaches registered in the territory of the Contracting Party where the
transport operator is established which by virtue of their construction and their equipment,
are suitable for carrying more than nine persons, including the driver, and are intended for
that purpose.

2) Unladen journeys of the buses and coaches concerned with these services.

3) For the purposes of the INTERBUS Agreement, the term 'territory of a Contracting Party'
covers, as far as the European Community is concerned, those territories where the Treaty
establishing that Community is applied and under the conditions laid down in that Treaty.

4) The possibility to operate national occasional services in a Contracting Party by operators
established in another Contracting Party is excluded from the scope of the INTERBUS
Agreement.

5) The use of buses and coaches designed to carry passengers, for the transport of goods for

commercial purposes is excluded from the scope of this Agreement.

6) the INTERBUS Agreement does not concern own account occasional services.

2. International occasional Services exempted from authorisation on the territory of any
Contracting Party other than that in which the transport operator is established under the
terms of Article 6 of the INTERBUS Agreement are the following:

1. Closed-door tours, that is to say services whereby the same buse or coach is used to carry the
same group of passengers throughout the journey and to bring them back to the place of
departure. The place of departure is in the territory of the Contracting Party in which the
transport operator is established.

2. Services which make the outward journey laden and the return journey unladen. The
place of departure is in the territory of the Contracting Party in which the transport operator is
established.

3. Services during which the outward journey is made unladen and all the passengers are
taken up in the same place provided that one of the following conditions is complied with:

a) passengers constitute groups, on the territory of a non-Contracting Party or a Contracting
Party other than that in which the transport operator is established or that where the passengers
are taken up, that have been formed under contracts of carriage made before their arrival in the
territory of the latter Contracting Party. Passengers are carried on the territory of the Contracting
Party in which the transport operator is established.

b) passengers have been previously brought, by the same transport operator in the circumstances
provided for under point 2, into the territory of the Contracting Party where they are taken up
again and carried into the territory of the Contracting Party in which the transport operator is
established.

c) passengers have been invited to travel into the territory of another Contracting Party, the cost
of transport being borne by the person issuing the invitation. Such passengers must constitute a
homogeneous group, which has not been formed solely with a view to undertake that particular
journey and which is brought into the territory of the Contracting Party in which the transport
operator is established.

4. transit operations through Contracting Parties in conjonction with occasional services that are

exempted from authorisation shall also be exempted from authorisation.

5.Unladen buses and coaches to be used exclusively for the replacement of a damaged or broken
down bus or coach, performing an international service covered by this Agreement shall also be
exempted from authorisation.

35

INTERBUS

(PASSENGER WAYBILL - RECTO)

(Green coloured paper- DIN A4 = 29.7 X 21 cm)

(To be worded in the official language(s) or one of the official languages

Book No

of the Contracting Party where the transport operator is established)

Waybill No

(State in which the document is issued)

- Distinguishing sign of the country

Vehicle Registration Number

2

3

Number of Passenger seats available

..............................................................................................................

..............................................................................................................

Name or Trade name of transport operator

..............................................................................................................

Name of Driver or Drivers

1 ........................................................................................................

2 ........................................................................................................

3 ........................................................................................................

Type of service (put a cross in the appropriate box and add the required supplementary information

Closed-Door Tours

A

C

Outward journey unladen and all the passengers
are taken up in the same place and transported
to the country in which the transport operator is established.
(cid:1)

Locality where passengers are picked up and distinguishing sign of

the country…………………………………………………………….

B

Outward journey laden/
Return journey unladen
(cid:1)

Locality where passengers are set down and distinguishing
sign of the country……………………………………………

C1

a)

The passengers were grouped together, under a contract of carriage made on ...................................................................................................

(Date)

4

With ....................................................................................................................................................

(travel agency, association, etc.)

b)

The passengers were grouped together on the territory of :

a) non contracting Party .......................................................................................................................................................................................................................

(Name of this country)

b) Contracting Party other than that in which the transport operator is established .......................................................................................

(Name of this country)

c)

Place and Contracting Party where the Passengers have been taken up ......................................................................................

(Name of this country)

d) To be carried to the Contracting Party of establishment of the transport operator ............................................................................................

(Name of this country)

o Copy of the contract of carriage or equivalent document is attached (cf. Important notice point 4).

C2

Passengers have previously been brought by the same transport operator on a service referred to in B, to the contracting Party in which they are to be
taken up again and carried out into the territory of the Contracting Party in which the transport operator is established

o The passenger waybill for the previous outward laden journey and unladen return journey is attached.

36

C3

Passengers have been invited to travel to ......................................................................................................

(Name of the place and country)

Cost of transport being borne by the person issuing the invitation and the passengers constitute a homogeneous group which has not been formed solely
with a view to undertaking that particular journey. The letter of invitation (or a photocopy thereof) is attached.

The group is brought into the territory of the Contracting Party where the transport operator is established.

Itinerary

Dates

from

to

Km

Km

Border-crossing points

Daily Stages

Locality / Country

Locality / Country

Laden

Unladen

(Item 6, if necessary, can be completed on a separate sheet that will be firmly stuck to this document).

37

Itinerary

Dates

(Passenger waybill - verso)

Daily Stages

from

to

Km

Km

Border-crossing
points

Locality / Country

Locality / Country

Laden

Unladen

5

6

List of passengers

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

38

7

8

9

Date of completion of waybill

Signature of the transport operator

Unforeseen changes

Control stamps if any

39

Annex 4

Model of application for an authorisation for an international occasional service

(White paper - A4)

To be worded in the official language(s) or one of the official languages of
the Contracting Parties where the request is made

APPLICATION FOR AN AUTHORISATION

TO START AN INTERNATIONAL OCCASIONAL SERVICE

carried out by coach or bus

between Contracting Parties

in accordance with Article 7 of the Agreement on the International

Occasional Carriage of Passengers by Coach or Bus

(INTERBUS Agreement)

---------------------------------------------------------------------------------------------

(Competent authority of the Contracting Party from which the service departs, namely,
the first pick up point for passengers)

1.

Information concerning the applicant for authorisation:

Name or trade name:

...........................................................

Address:

.......................................................................

Country

.......................................................................

Tel.:

Fax:

...........................

...........................

40

(Second page of the application)

2.

Purpose, reasons and description of the occasional service:

..........................................................................................................................................
............................................................................………………………………………
…………………………………

..........................................................................................................................................
............................................................................………………………………………
…………………………………

3.

Information concerning the route:

(a) Place of departure of service: ................................Country……………………….

(a) Place of destination of service: ..............…...........Country …………..…..………

Principal route of service and border crossing points

..........................................................................................................................................
............................................................................………………………………………
………………………………….

..........................................................................................................................................
..........................…………………………………...................................................…
…………………………………..

Countries whose territory is crossed without passengers being picked up or set down

....................................

....................................

....................................

....................................

....................................

....................................

Date of carrying out of service:

…………………………………

Number of registration of bus(es) or coach (es)

............................................…

........................................…………………………….

.……...................................………………………….

Any additional information:

4.

5.

6.

7.

(Place and date)

(signature of applicant)

41

(Third page of the application)

Important notice

1.
Transport operators shall fill in the application form and attach evidence that the applicant
has a licence to undertake carriage by means of international occasional services by coach and bus
referred to in Article 1 (1) (a) second paragraph of the INTERBUS agreement.

2.
shall be subject to authorisation namely, services other than the following:

Occasional services other than those referred to in Article 6 of the INTERBUS agreement

1.
Closed-door tours, that is to say services whereby the same bus or coach is used to carry
the same group of passengers throughout the journey and to bring them back to the place of
departure. The place of departure is in the territory of the Contracting Party in which the transport
operator is established.

2.
Services which make the outward journey laden and the return journey unladen. The
place of departure is in the territory of the Contracting Party in which the transport operator is
established.

Services which the outward journey is made unladen and all the passengers are taken

3.
up in the same place, provided that one of the following conditions are met :

a) passengers constitute groups, on the territory of a non-Contracting Party or of a
Contracting Party other than that in which the transport operator is established or that
where the passengers are taken up, that have been formed under contracts of carriage
made before their arrival in the territory of the latter Contracting Party. Passengers
are carried on the territory of the Contracting Party in which the transport operator is
established.

b) passengers have been previously brought, by the same transport operator in the
circumstances provided for under point 2, into the territory of the Contracting Party
where they are taken up again and carried into the territory of the Contracting Party
in which the transport operator is established.

c) passengers have been invited to travel into the territory of another Contracting
Party, the cost of
transport being borne by the person issuing the invitation. Such
passengers must constitute a homogeneous group, which has not been formed solely
with a view to undertake that particular journey and which is brought into the
territory of the Contracting Party in which the transport operator is established.

Transit operations through Contracting Parties in conjunction with occasional services

4.
that are exempted from authorisation shall also be exempted from authorisation.

5
Unladen buses and coaches to be used exclusively for the replacement of a bus or
coach damaged or broken down while performing an international service covered by this
Agreement shall also be exempted from authorisation.

For services provided by transport operators established within the European Community, the points
of departure and/or destination of the services can be in any Member State of the European
Community, independently of the Member State in which the bus or coach is registered or the
Member State in which the transport operator is established

3.
which the service departs, namely, the first pick-up point for passengers.

The application shall be made to the competent authority of the Contracting Party in

4.
Party of establishment of the transport operator.

The buses and coaches to be used shall be registered on the territory of the Contracting

5.
The buses and coaches used to carry out international occasional services covered by
INTERBUS Agreement shall comply with the technical standards laid down in Annex 2 of that
agreement.

42

Annex 5

Model of authorisation for non-liberalised occasional services

(First page of authorisation)

(Pink paper - A4)

To be worded in the official language(s) or one of the official languages

Of the Contracting Parties issuing the authorisation

ISSUING CONTRACTING PARTY

COMPETENT AUTHORITY

- International distinguishing sign - 7

(Stamp)

......................................................

AUTHORISATION N°........

for an international occasional service

carried out by coach

or bus between Contracting Parties

in accordance with Article 7 of the Agreement on the

International Occasional Carriage of Passengers by

Coach and Bus

(INTERBUS Agreement)

to:

....................................................................................…............…

(Surname, first name or trade name of transport operator)

Address:

.......................................................................................…

Country:

......................................................................................….

7

Belgium (B), Denmark (DK), Germany (D), Greece (GR), Spain (E), France (F), Ireland
(IRL), Italy (I), Luxembourg (L), Netherlands (NL),Portugal (P),United Kingdom (UK),
Finland (FIN), Austria (A), Sweden (S), Bulgaria(BG), Czech Republik (CZ), Estonia (EST),
Hungary (H), Lithuania (LT), Latvia (LV), Poland (PL), Romania (RO), Slovak Republik
(SK), Slovenia (SLO) to be completed .

43

Tel:

Fax:

.....................................................................................…..

......................................................................................….

...................................................

...................................................

(Place and date of issue)

___________________

(Signature and stamp of

issuing authority)

44

(Second page of authorisation)

1.

Purpose, reasons and description of the occasional service:

..........................................................................................................................................
...........................................................................………………………………………
………………………………….

..........................................................................................................................................
............................................................................………………………………………
…………………………………

2.

Information concerning the route:

(a) Place of departure of service:......................................

Country ..........…..…..

(b) Place of destination of service:....................................

Country ...........…..…

Principal route of service and border crossing points

................................................................................................................................…......
.....................................................................…………………………………….......…
…………………………………

..........................................................................................................................................
..........................................................................…………………………………….…
………………………………….

Date of provision of the service:............................……...………………….

Registration number of the bus(es) or coach(es):

..............................................

..............................................

..........................................….

Other conditions:
…..…………………………………………………………………………………...

..........................................................................................................................................

3.

4.

5.

6.

Passenger list attached.

………….....................................………...........

(Stamp of authority issuing authorisation)

45

(Third page of authorisation)

To be worded in the official language(s) or one of the official languages of the
Contracting Parties issuing the authorisation.

Important notice

1.
The authorisation is valid for the entire journey. It may only be used
by a transport operator whose name and registration number of the bus or
coach is indicated thereon.

2.
The authorisation shall be kept on the bus or coach for the duration
of the journey and shall be presented whenever enforcement officials so
request.

3.

The list of passengers is to be annexed to this authorisation

46

MODEL OF DECLARATION

TO BE MADE BY INTERBUS CONTRACTING PARTIES

CONCERNING ARTICLE 4 AND ANNEX 1

Conditions applying to road passenger transport operators

DECLARATION BY

(Name of the Contracting Party)

CONCERNING ARTICLE 4 AND ANNEX 1

1.-The three conditions established in Title I of Council Directive 96/26/EC
of 29 April 1996 on admission to the occupation of road haulage operator
and road passenger transport operator and mutual recognition of diplomas,
certificates and other evidence of formal qualification intended to facilitate
for these operators the right of freedom of establishment for national and
international
the European
transport operations (Official Journal of
Communities n° L 124 of 23.5.1996, p. 1), as last amended by Council
Directive 98/76/EC of 1 October 1998, (Official Journal of the European
Community n° L 277 of 14.10.1998. p.17).

a)

have been introduced in the national legislation

by...........................……………………………………....(reference to the

Law);

b)

will be introduced in the national legislation

..........................……………………………………….....(date)

2.- As far as the condition concerning the “appropriate financial standing”
is concerned the existing legislation establishes that the transport operator
must have available capital and reserves of at least:

-EURO ........................(or equivalent in national currency) per vehicle

used or

-EURO....................….(or equivalent in national currency) per seat of the

passenger transport buses or coaches used by the transport operator.

It is envisaged that the amount of the “appropriate financial standing” will
be
96/26/EC on
the
.........................(date, or no later than 1.1.2005).

of Directive

requirements

adapted

to

47

FINANCIAL STATEMENT

1.

TITLE OF OPERATION

Council Decision on the signature of an Agreement between the European
Community and 14 Central and Eastern European countries on the international
occasional carriage of passengers by coach and bus.

2.

BUDGET HEADING(S) INVOLVED

A-7010

A-7031

3.

LEGAL BASIS

Article 71 in conjunction with Article 300

4.

4.1

DESCRIPTION OF OPERATION

General objective

The Agreement is intended to promote the development of international transport in
Europe and facilitate its organisation and operation. The main aim is to obtain the
same degree of liberalisation as that achieved by the Agreement on the carriage of
passengers by road by means of occasional coach and bus services (ASOR) signed in
Dublin on 26 May 1982. That Agreement did not, however, provide for any scope
for the accession of new Parties.

4.2

Period covered and arrangements for renewal

The Agreement will be concluded for a period of five years, dating from its entry
into force. The duration of the Agreement will be automatically extended for
successive periods of five years among those Contracting Parties who do not express
their wish not to do so.

5.

5.1

5.2

CLASSIFICATION OF EXPENDITURE/REVENUE

Non-compulsory expenditure

Differentiated appropriations/non-differentiated appropriations

A – 7010 NDA

A – 7031 NDA

5.3

Type of revenue involved

Not applicable.

48

6.

TYPE OF EXPENDITURE/REVENUE

– Administrative expenditure (Partie A of the budget)

7.

7.1

FINANCIAL IMPACT

Method of calculating total cost of operation (relation between individual and
total costs)

15 experts for one day once a year = 15 x

€

670 including travel =

€

10050

7.2

Itemised breakdown

Not applicable.

7.3

7.4

Operational expenditure for studies, experts etc. included in Part B of the
budget

Not applicable.

Schedule of commitment and payment appropriations
€

Overall commitment under heading A 07031, including
operation.

10050 per annum for this

8.

FRAUD PREVENTION MEASURES

Not applicable.

9.

9.1

ELEMENTS OF COST-EFFECTIVENESS ANALYSIS

Specific and quantified objectives; target population

Not applicable.

9.2

Grounds for the operation

Not applicable.

9.3

Monitoring and evaluation of the operation

Not applicable.

10.

ADMINISTRATIVE EXPENDITURE (SECTION III, PART A OF THE BUDGET)

The needs for human and administrative resources will be covered within the
allocation granted to the managing DG.

49

10.1

Effect on the number of posts

Type of post

Staff to be assigned to managing
the operation

Source

Duration

Permanent
posts

Temporary
posts

Officials or
temporary staff

Other resources

0.025
0.050

A
B
C

Additional
resources

Existing
resources in
the DG or
department
concerned

0.025
0.050

Total

0.075

0.075

10.2

Overall financial impact of additional human resources

Amounts

Calculation method

Officials

8100

0.075 x 108 000 (unit cost)

Indefinite

(EUR)

Temporary staff

Other resources (indicate
budget heading)

Total

8100

The amounts express the total cost of additional posts for the total duration of the operation if
the duration is specified, and for 12 months if the duration is unspecified

10.3

Increase in other administrative expenditure as a result of the operation,
especially costs relating to meetings of committees and groups of experts

(EUR)

Budget heading

Amounts

Method of calculation

A-7030 missions

For the years when meetings are held away from Brussels

A-7031

Total

€

€

€

2000

1 annual meeting of the joint committee x 2 officials x

€

1000

For the years when meetings are held in Brussels

15 national experts x

€

670

10050

12050

The amounts correspond to total expenditure for the operation if its duration is specified, or to
expenditure for 12 months if the duration of the operation is unspecified.

50