Proposal for a Council Decision on the conclusion of the Interbus Agreement on the international occasional carriage of passengers by coach and bus
Date: 2001-10-01
Institutions: European Commission
Subjects: Central and Eastern Europe, agreement (EU), bus, carriage of passengers, international transport

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Proposal for a Council Decision on the conclusion of the Interbus Agreement on the international
occasional carriage of passengers by coach and bus

(2002/C 51 E/02)

(Text with EEA relevance)

COM(2001) 540 final (cid:151) 2001/0242(AVC)

(Submitted by the Commission on 1 October 2001)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
in conjunction
Community, and in particular Article 71(1)
with the first sentence of the first indent of Article 300(2)
and the second indent of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the assent of the European Parliament,

(4) The conclusion of

the Interbus Agreement will help to
develop transport links between the contracting parties;
for it to enter into force, after signature, four contracting
parties, including the Community, must have approved or
ratified it.

(5) The Interbus agreement should be approved,

HAS DECIDED AS FOLLOWS:

Whereas:

Article 1

(1) In accordance with the Council mandate of 7 December
1995, the Commission negotiated a European agreement
on the international occasional carriage of passengers by
coach and bus with Bosnia Herzegovina, Bulgaria, Croatia,
the Czech Republic, Estonia, Hungary, Latvia, Lithuania,
Moldavia, Poland, Romania, the Slovak Republic, Slovenia
and Turkey.

(2) On 22 June 2001, in accordance with the Council Decision
of 18 June 2001, the Interbus agreement on the inter-
national occasional carriage of passengers by coach and
bus was signed on behalf of the Community.

(3) On 30 June 2001, the agreement had been signed by the
European Community and the following 13 countries:
Bosnia Herzegovina,
Czech
Bulgaria,
Republic, Hungary, Latvia, Lithuania, Moldavia, Poland,
Romania, the Slovak Republic, Slovenia and Turkey.

Croatia,

the

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

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council
is authorised to designate the
person empowered to deposit, on behalf of the Community,
the act of approval provided for in Article 27 of the agreement
in order to express the Community’s consent to be bound.

Article 3

This Decision shall be published in the Official Journal of the
European Communities.

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On the international occasional carriage of passengers by coach and bus (Interbus Agreement)

AGREEMENT

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 26 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 inter-
national 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 buses and coaches carrying out international occasional services between Contracting Parties in order to
improve road safety and protection of the environment;

WHEREAS it is necessary that Contracting Parties should apply uniform measures concerning the work of
the crews of buses and coaches 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;

WHEREAS it is necessary to provide for uniform models for 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;

WHEREAS it
Agreement, especially as far as control procedures, penalties and mutual assistance are concerned;

is necessary to provide for certain harmonised measures on the enforcement of

the

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:

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SECTION I

SCOPE AND DEFINITIONS

Article 1

Scope

1.

This Agreement shall apply:

(a) to the

carriage of passengers, of
nationality, by road by means of occasional services:

international

any

(cid:151) between the territories of two Contracting Parties, or
the same
starting and finishing on the territory of
Contracting Party and, should the need arise during
such services,
through the territory of
another Contracting Party or through the territory of
a non-Contracting State;

in transit

(cid:151) 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;

(cid:151) 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.

2.
None of the provisions of this Agreement may be inter-
preted as providing the possibility to operate national occa-
sional services in the territory of a Contracting Party by
operators established in another Contracting Party.

The use of buses and coaches designed to carry
3.
passengers
commercial
transport of goods
purposes shall be excluded from the scope of this Agreement.

the

for

for

This Agreement does not concern own-account occa-

4.
sional services.

Article 2

Non-discrimination

that

shall

Parties

Contracting
the principle of
ensure
non-discrimination on the grounds of the nationality or the
place of establishment of the transport operator, and of the
in
origin or destination of
particular with regard to fiscal provisions as established
in Section VI as well as control and penalties as established
in Section IX.

the bus or coach,

is applied,

Article 3

Definitions

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

1.

(cid:145)Buses and coaches(cid:146) are vehicles which, by virtue of their
construction and their equipment, are suitable for carrying

2.

3.

4.

more than nine persons,
intended for that purpose.

including the driver, and are

(cid:145)International occasional services(cid:146) are services between the
territory of at least two Contracting Parties falling within
neither 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.

(cid:145)Regular Services(cid:146) 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 estab-
lished timetables and tariffs.

(cid:145)Special Regular Services(cid:146) are services, by whomsoever
specified
organised, which provide for
categories of passengers
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

to the

(cid:151) the carriage of workers between home and work;

(cid:151) the carriage of school pupils and students to and from

the educational institution.

that a special

The fact
regular service may be varied
according to the needs of users shall not affect its classifi-
cation as a regular service.

5. (a) (cid:145)Shuttle services(cid:146) 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 a later journey by the same transport operator.

of

and

departure

destination shall mean,
Place
respectively, the place where the journey begins and
the place where the journey ends,
in
each case, the surrounding localities within a radius of
50 km.

together with,

(b) In the course of shuttle services, no passenger may be

taken up or set down during the journey.

(c) The first return journey and the last outward journey in

a series of shuttles shall be made unladen.

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

(cid:151) passengers,

notwithstanding

of
subparagraph 1, make the return journey with
another group or another transport operator;

provisions

the

(cid:151) passengers,

notwithstanding

of
subparagraph 2, are taken up or set down along
the way;

provisions

the

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(cid:151) the first outward journey and the last return journey
the series of shuttles are, notwithstanding the

of
provisions of subparagraph 3, made unladen.

6.

7.

Parties(cid:146)

(cid:145)Contracting
that have
consented to be bound by this Agreement and for which
this Agreement is in force.

signatories

those

are

This 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-
the Czech Republic,
Herzegovina, Bulgaria, Croatia,
Estonia, Hungary, Latvia, Lithuania, Moldova, Poland,
Romania, Slovakia, Slovenia and Turkey, as far as they
have concluded this Agreement.

(cid:145)Competent Authorities(cid:146) are those authorities designated by
the Member States of the Community and by the other
Contracting Parties
in
Sections V, VI, VII, VIII and IX of this Agreement.

to carry out

the tasks

set out

8.

(cid:145)Transit(cid:146) 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
to those established by the

1.
apply provisions equivalent
European Community Directive referred to in Annex 1.

2.
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) of the
said paragraph (3), up to the date of 1 January 2003 or even to
1 January 2005 under condition in the latter case that a corre-
sponding declaration be made at the time of the 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.

SECTION IV

ACCESS TO THE MARKET

Article 6

Liberalised occasional services

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

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 estab-
lished.

2. 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.

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 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
in the territory of the latter Contracting
their arrival
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,
the Contracting
into the territory of
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 under-
taking that particular journey and which is brought into
the territory of
the Contracting Party in which the
transport operator is established.

The following shall also be exempted from authorisation:

SECTION III

TECHNICAL CONDITIONS APPLYING TO VEHICLES

4. Transit operations through the territory of Contracting
Parties in conjunction with occasional services that are
exempted from authorisation.

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.

5. 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.

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For services provided by transport operators established within
the European Community, the points of departure and/or desti-
nation 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

1.
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
2.
the points of departure
within the European Community,
the services can be in any Member
and/or destination of
State of
the
Member State in which the bus or coach is registered or the
Member State in which the transport operator is established.

the European Community,

independently of

SECTION V

SOCIAL PROVISIONS

Article 8

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
4.
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 paragraph
1, first subparagraph, 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
paragraph 1, second subparagraph, 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 lists referred to with another
tax of
the same or a different kind shall notify the Joint
Committee in order to make the necessary amendments.

Spare parts and tools imported for

5.
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.

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 engaged in International Road
Transport (AETR) of 1 July 1970, as subsequently amended, or
shall apply Community Regulations 3820/85 and 3821/85 as
in force at the entry into force of this Agreement.

SECTION VII

CONTROL DOCUMENTS FOR OCCASIONAL SERVICES
EXEMPTED FROM AUTHORISATION

Article 10

SECTION VI

CUSTOM AND FISCAL PROVISIONS

Article 9

are

that

engaged in transport
and coaches
1.
Buses
operations
shall be
in accordance with this Agreement
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.

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 estab-
lished.

Article 11

The

control document

consist of detachable
1.
passenger waybills in duplicate in books of 25. The control
document shall conform to the model shown in Annex 3 to
this Agreement.

shall

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.

2.
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.

3.
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

Each book and its component passenger waybills shall
also be
a number. The passenger waybills

2.
bear
numbered consecutively, running from 1 to 25.

shall

The wording on the cover of the book and that on the
3.
passenger waybills shall be printed in the official language or
several official languages of the Contracting Party in which the
transport operator is established.

Article 12

1.
The book referred to in Article 11 shall be made out in
the name of the transport operator; it shall not be transferable.

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The top copy of the passenger waybill shall be kept on
2.
the bus or coach throughout the journey to which it refers.

Contracting Party on whose territory the point of departure
is situated.

The transport operator shall be responsible for seeing that

3.
passenger waybills are duly and correctly completed.

Applications shall conform to the model laid down in Annex 4.

Article 13

The passenger waybill shall be completed in duplicate by
1.
the transport operator for each journey before the start of the
journey.

For the purpose of providing the names of passengers,
2.
the transport operator may use a previously 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.

For the services involving an outward unladen journey
3.
the list of passengers may be
referred to in Article 6(3),
completed as provided for 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

An authorisation for each occasional service which has
1.
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.

The authorisation shall conform to the model laid down

2.
in Annex 5.

Transport operators shall fill in the application form and
is licensed to perform
international occasional services by

2.
attach evidence that
carriage by means of
coach and bus referred to in Article 1(1)(a), second indent.

the applicant

The competent authorities of the Contracting Party in
3.
situated shall
whose territory the place of departure is
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 desti-
nation as well as the competent authorities of the Contracting
Parties in transit.

4.
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. In this case, the Joint Committee established in
Article 23 shall be informed of this decision.

The competent authorities of the Contracting Party(ies)
5.
whose agreement has been requested shall
issue the author-
isation within one month, without discrimination as to the
nationality or place of
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.

establishment of

the

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
carried out between these
for
the occasional
Contracting Parties. The
established in
Article 23 shall be informed of these agreements.

Joint Committee

services

SECTION IX

CONTROLS, PENALTIES AND MUTUAL ASSISTANCE

Article 18

The control documents referred to in Article 10 and the auth-
orisations referred to in Article 15 shall be carried on the bus
or coach and shall be presented at the request of any auth-
orised inspecting officer.

Article 16

Application for authorisation

1.
the transport operator to the competent authorities of

The application for authorisation shall be submitted by
the

Article 19

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

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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
issued by
informed about the models of such a document
the competent authorities of the Contracting Parties.

SECTION X

THE JOINT COMMITTEE

Article 23

1.
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

2.
six months of the entry into force of this Agreement.

Article 21

The Joint Committee shall establish its own rules of

3.
procedure.

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

The Joint Committee shall meet at the request of at least

4.
one Contracting Party.

The Joint Committee may adopt decisions only when two
5.
thirds of
including the European
Community, are represented in the Joint Committee meetings.

the Contracting Parties,

the licence to practise as a road passenger

1. Where serious or repeated infringements of regulations
concerning road transport, especially those concerning driving
and resting time and road safety, have been committed by
non-resident transport operators and might lead to withdrawal
transport
of
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 estab-
information in their possession
lished with all of
they
concerning those infringements and the penalties that
have imposed.

the

In so far as the Joint Committee is required to take
6.
the Contracting Parties represented
decisions, unanimity of
that unanimity cannot be
shall be required.
shall,
concerned
competent
achieved,
following a request by one or more of
the Contracting
Parties concerned, meet for consultation within a period of
six weeks.

In the event

authorities

the

2.
The competent authorities of the Contracting Party in
whose territory the serious or repeated infringement of regu-
lations 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.

Article 24

1.
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.

2.

The Joint Committee shall in particular:

far as

the European Community is

As
the
competent authority of a Member State may only temporarily
deny access to the territory of that Member State.

concerned,

Competent authorities of
the Contracting Party of estab-
lishment of the transport operator and the Joint Committee
established in Article 23 shall be informed of such measures.

the

operator,

3. Where serious or repeated infringements of regulations
concerning road transport, especially those concerning driving
and resting time and road safety, have been committed by a
the
transport
Contracting Parties where the transport operator is established
shall take the appropriate measures to avoid repetition of those
infringements; these measures may include the suspension or
the withdrawal of the licence to practise as a road passenger
transport operator. The Joint Committee established in Article
23 shall be informed of such measures.

authorities

competent

of

Contracting Parties

4.
transport operator to appeal against the sanctions imposed.

shall guarantee the right of

the

(a) on the basis of

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;

the

(b) amend or adapt the control documents and other models
to this

in the Annexes

documents

established

of
Agreement;

(c) 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 operators referred to in Article 4, in
order to incorporate future measures taken within the
European Community;

(d) on the basis of

information provided by the
Contracting parties, draw up a list, for information, of all
customs duties, taxes and charges referred to in Article 9,
paragraphs 4 and 5;

the

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(e) amend or adapt the requirements concerning the social
provisions referred to in Article 8 in order to incorporate
future measures taken within the European Community;

Article 26

Signature

(f)

resolve any dispute which may arise over the implemen-
tation and interpretation of this Agreement;

(g) recommend further steps towards the liberalisation of those

occasional services still subject to authorisation.

3.
The Contracting Parties shall take the measures necessary
to enforce any decisions adopted by the Joint Committee in
accordance, where necessary, with their own internal
procedures.

4.
If an agreement cannot be reached to settle a dispute in
this Article, the
accordance with paragraph 2, point
Contracting Parties concerned may submit the case to an arbi-
tration panel. Each Contracting Party concerned shall appoint
an arbitrator. The Joint Committee itself shall also appoint an
arbitrator.

(f) of

The arbitrators’ decisions shall be taken by majority vote.

Contracting Parties involved in the dispute shall take the steps
required to implement the arbitrators’ decisions.

SECTION XI

GENERAL AND FINAL PROVISIONS

Article 25

Bilateral Agreements

this Agreement shall replace those
1.
The provisions of
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
2.
may agree not
this
Agreement and apply other technical standards to buses and
coaches
these
between
occasional
Contracting Parties including transit of their territories.

to apply Article 5 and Annex 2 of

executing

services

3.
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
the European Community and other Contracting
States of
Parties.

However, the provisions granting an exemption from author-
isation contained in existing bilateral agreements between
the European Community and other
Member States of
Contracting Parties
services mentioned in
for occasional
Article 7 may be maintained and renewed. In that case, the
Contracting Parties concerned will
immediately inform the
Joint Committee established in Article 23.

This Agreement shall be open for signature at Brussels from 14
April 2000 to 30 June 2001, at the General Secretariat of the
Council of
the
depository of the Agreement.

the European Union which shall act as

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
ratification shall be deposited by Contracting
approval or
the
the Council of
Parties with the General Secretariat of
European Union, which shall notify all other signatories.

Article 28

Entry into force

This Agreement shall enter into force for the Contracting
1.
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.

shall

enter

into force,

This Agreement

2.
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.

for

Article 29

Duration of the Agreement (cid:151) evaluation of the func-
tioning of the Agreement

This Agreement shall be concluded for a period of five

1.
years, dating from its entry into force.

The duration of this Agreement shall be automatically
2.
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.

3.
Before the end of each period of five years, the Joint
Committee shall evaluate the functioning of this Agreement.

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Article 30

Accession

in Article 28, the Agreement shall remain in force unless the
Joint Committee, comprising the remaining Contracting Parties,
decides otherwise.

1.
After its entry into force, this 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 this Agreement by countries that are members
of
this
the Agreement on the European Economic Area,
Agreement shall not apply among the Contracting Parties of
the Agreement on the European Economic Area.

2.
This Agreement shall also be open to accession by the
Republic of San Marino, the Principality of Andorra and the
Principality of Monaco.

3.
For each State 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 State of its instrument of accession.

4.
Each State acceding to this Agreement after the entry into
force provided for 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

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 the English, French and German
languages, these texts being authentic, shall be deposited in the
archives of
the
European Union, which shall transmit a certified true copy to
each of the Contracting Parties.

the General Secretariat of

the Council of

for

Each Contracting Party may,
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

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,
signed this Agreement.

the undersigned plenipotentiaries have

THE CONDITIONS APPLYING TO ROAD PASSENGER TRANSPORT OPERATORS REFERRED TO IN
ARTICLE 4

ANNEX 1

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 to freedom of establishment in national and international transport operations (OJ L 124, 23.5.1996, p. 1) as
last amended by Council Directive 98/76/EC of 1 October 1998 (OJ L 277, 14.10.1998, p. 17).

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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 Agreement, buses and coaches carrying
out international occasional carriage of passengers shall comply with the rules established in the following legal texts:

(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 (OJ L 46, 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 (OJ L 57, 2.3.1992, p. 27);

(c) Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community
the maximum authorised dimensions in national and international traffic and the maximum authorised weights in
international traffic (OJ L 235, 17.9.1996, p. 59);

(d) Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ L 370 of
31.12.1985, p. 8), as last amended by Commission Regulation (EC) No 2135/98 of 24.9.1998 (OJ L 274, 9.10.1998,
p. 1) or equivalent rules established by AETR Agreement including its Protocols.

Article 2

As from the date of entry into force of the 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

UN-ECE Regulation/
last amendment

EC-Directive (original-latest)

Date of
implementation within the EU

Exhaust emission

49/01

49/02, approval A

49/02, approval B

88/77

91/542 step 1

91/542 step 2

Smoke

Noise emission

24/03

51/02

Brake system

13/09

Tyres

Light installation

54

48/01

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

1.10.1993

1.10.1996

2.8.1972

1.10.1989

1.10.1996

1.10.1991

1.10.1994

1.1.1993

1.1.1994

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The buses and coaches carrying out the following services:

Article 3

(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);

(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 the Interbus

Agreement.

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

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

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

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

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

Buses and coaches carrying out the following services:

Article 4

(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 the Interbus

Agreement.

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

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

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

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

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

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

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

Article 5

Article 6

1.
The rules on technical standards included in bilateral agreements or arrangements between Member States of the
Community and Contracting Parties of the 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 the 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 (cid:145)date of vehicle’s first registration(cid:146)
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. Where 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 with 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 (cid:145)random inspections(cid:146) 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.

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 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, the bus or coach may be banned immediately from use on public
roads.

Roadside checks shall be carried out without discrimination on the grounds of nationality, residence or registration

5.
of buses and coaches and drivers respectively.

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ANNEX 2(a)

CHECKLIST

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ANNEX 2(b)

TECHNICAL STANDARDS OF THE ROADSIDE CHECK

Buses and coaches as defined in Article 3 of this Agreement shall be maintained in such a condition that they 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

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, 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.

2. If appropriate, visual

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

equipment has been fitted.

After a reasonable period of engine conditioning (taking account of the bus or coach manufacturer’s recom-
mendations) 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:

(cid:151) 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/EEC (1) and 1
October 1986: CO (cid:150) 4,5 % vol.

(cid:151) for buses and coaches registered or put into service for the first time after 1 October 1986: CO (cid:150) 3,5 %

vol.

(1) 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 L 76, 9.3.1970, p. 1 and corrigendum OJ L 81, 11.4.1970, p. 15), as
last amended by European Parliament and Council Directive 94/12/EC (OJ L 100, 19.4.1994, p. 42).

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(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:

1. Visual inspection of the exhaust system in order to check that there are no leakages and that all parts are

complete.

2. Visual inspection of the emission control system in order to check that the required equipment has been

fitted.

3. Determination of the efficiency of the bus or coach’s emission control system by 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 (cid:151) limit values

Measurement at engine idling speed:

The maximum permissible CO content in the exhaust gases is that stated by the bus or coach manu-
facturer. 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(cid:150)1):

CO content: maximum 0,3 % vol.

Lambda: 1 – 0,03 in accordance with the manufacturer’s specifications.

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/EEC (1). 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(cid:150)1,

turbo-charged diesel engines = 3,0 m(cid:150)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.

(1) 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).

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MODEL OF CONTROL DOCUMENT FOR OCCASIONAL SERVICES EXEMPTED FROM AUTHORISATION

ANNEX 3

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MODEL OF APPLICATION FOR AN AUTHORISATION FOR AN INTERNATIONAL
OCCASIONAL SERVICE

ANNEX 4

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MODEL OF AUTHORISATION FOR NON-LIBERALISED OCCASIONAL SERVICES

ANNEX 5

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