Proposal for a Regulation of the European Parliament and of the Council on common rules for the international carriage of passengers by coach and bus (recast) {SEC(2007) 635} {SEC(2007) 636}
Date: 2007-05-23
Institutions: European Commission
Subjects: bus, carriage of passengers, exchange of information, international transport, road cabotage, road transport, simplification of legislation, transport licence

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.5.2007 
COM(2007) 264 final 

2007/0097 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on common rules for the international carriage of passengers by coach and bus 
(recast) 

{SEC(2007) 635} 
{SEC(2007) 636} 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

110  

CONTEXT OF THE PROPOSAL  

1.1.  Motivations and objectives of the proposal  

Directive 96/26/EC on admission to the occupation of road transport operator together 
with  Regulations  (EEC)  N°  684/92  and  (EC)  N°  12/98  on  access  to  the  market  for 
coach and bus services formed initially the major component of the internal market for 
international passenger transport services by road.  

The  directive  introduced  minimum  quality  standards  which  must  be  met  in  order  to 
enter  the  profession,  while  the  two  regulations  liberalised  international  occasional 
passenger  services,  established  a  special  authorisation  procedure  for  international 
regular passenger services as well as allowed cabotage services in the course of such 
international services.  

These rules now ought to be made consistent with the new legal framework stemming 
from  the  regulation  on  public  passenger  transports  by  rail  and  road,  which  is  on  the 
verge  to  be  adopted  by  Parliament  and  Council.  These  rules  need  also  to  be  made 
clearer and in some cases simplified since it has appeared from experience that certain 
legal provisions entail unnecessary administrative burdens.  

120  

1.2. 

General context  

Regulation (EEC) N° 684/92 opens the access to the market of international carriage of 
passengers by coach and bus while Regulation (EC) N° 12/98 lays down the conditions 
for non-resident carriers to operate services within a Member State. Carriers have such 
access if they hold a Community licence which is granted only if they are established 
in a Member State and if they satisfy minimum requirements in terms of good repute, 
financial standing and professional capacity in accordance with Directive 96/26/EC.  

The Commission had announced in its legislative programme for 2006 its intention to 
examine  more  in  detail  these  rules  and,  if needed,  to  make  them  simpler  and  clearer. 
After a public consultation and an impact assessment, it appears that the lack of clarity 
or  complexity  of  existing  provisions  renders  enforcement  difficult  and  entails 
unnecessary administrative burdens in the following areas: 

– 

– 

The  scope  of  application  of  the  Regulation  is  unclear  as  regards  passenger 
transport  by  Community  carriers  to  and  from  third  countries  and  transiting 
Member States. 

The  Regulation  (EEC)  N°  684/92  has  created  an  authorisation  scheme  for 
regular international passenger services. Undertakings that wish to operate an 
international  line  need  to  apply  for  an  authorisation.  For  each  application 
national  authorities  must  seek  the  agreement  of  the  other  Member  States 
affected by the service, hear the transit countries, assess the consequences of 
the introduction of the service and notify the applicant whether they accept or 
reject the application. The procedure is perceived, especially by the industry, 
as  creating  high  barriers  for  new  entrants  and  unnecessary  bureaucratic 

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130  

140  

burdens. 

– 

– 

The  exchange  of  information  between  Member  States,  although  already 
provided  for  in  the  current  rules,  seems  rather  ineffective.  As  a  result, 
undertakings which operate on the territory of a Member State other than their 
Member State of establishment hardly risk any administrative sanctions, as a 
result of which the competition might be distorted between these undertakings 
less inclined to comply with rules and the others. 

The  diversity  of  formats  used  for  the  Community  licences  and  certified  true 
copies  creates  problems  during  inspections  and  often  leads  to  a  loss  of 
valuable time for operators and enforcement staff. 

1.3. 

Provisions in force in the field of the proposal  

The proposal aims at revising and consolidating Regulations N° 684/92 and N° 12/98.  

1.4. 

Consistency with the other policies and the objectives of the Union  

The  new  regulation  contributes  indirectly  to  improving  road  safety  by  a  stricter 
monitoring  of  undertakings  which  operate  in  several  Member  States  and  ensure 
consistency with the new rules of public services in road and rail transport.  

This proposal falls under the programme "better regulation" and is in conformity with 
the  commitment  taken  by  the  Commission  to  simplify  and  update  the  acquis.  A 
particular attention was given to simplification and to greater coherence of the rules on 
public services and the other rules on road transport, in particular regulation (EEC) N° 
881/92 and the regulation (EEC) N° 3118/93 on the access to the road haulage market 
and  directive  96/26/EC  laying  down  the  basic  conditions  to  be  authorised  to  the 
profession and for their monitoring.  

2. 

CONSULTATION OF THE INTERESTED PARTIES AND IMPACT ANALYSIS  

2.1. 

Consultation of the interested parties  

211  

Consultation methods used, principal sectors concerned and the respondents' general 
profile  

Before drafting this proposal a public consultation exercise was conducted in order to 
gather as many comments and suggestions as possible from the individuals and bodies 
concerned. This consultation concerned both road freight transport and road transport 
of  passengers.  It  was  organised  jointly  with  the  one  on  admission  to  the  profession, 
used a questionnaire which was published on internet and sent to all the organisations 
which represent at national or European level the key stakeholders.  

The Commission received 67 contributions from national authorities, international and 
national associations of road operators, users, employees or various interest groups and 
individual  companies.  The  Commission  discussed  the  key  issues  addressed  in  this 
recast in the framework of the social dialogue with the social partners on 5 September 
2006.  On  7  November  2006  a  consultation  meeting  with  stakeholders  was  held  in 
Brussels  with  the  participation  of  delegations  from  42  organisations  representing  the 

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industry plus 37 observers from national administrations.  

212  

Synthesis of the received answers and in the way in which they were taken into account 

The respondents generally shared the view that there is a need for further simplification 
and clarification of the current regulatory framework for the road transport market. One 
aspect repeatedly highlighted was the need to render the current rules, notably the ones 
on  access  to  the  market  of  road  haulage  more  easily  and  effectively  enforceable.  It 
emerges clearly from the consultation the other following conclusions:  

– 

– 

– 

– 

Goods  transport  and  passenger  transport  by  road  should  remain  regulated  in 
two  separate  sets  of  rules.  These  are  two  different  types  of  transport  and 
stakeholders feel that they do not have sufficient commonalities to treat them 
in one legal text.  

Many  contributions  pointed  out  the  need  for  applying  correctly  the  existing 
rules and have them enforced properly. A better cooperation between national 
enforcement authorities should take place, which would require the setting-up 
of  an  EU-wide  register  of  licensed  operators  or  database  of  Community 
licences.  

Several  stakeholders  claimed  that  the  procedure  to  authorise  international 
regular passenger services should be simplified and was creating unnecessary 
red  tape.  It  was  also  suggested  to  simplify  procedures  for  regional  or  local 
cross-border services.  

There  has  also  been  a  clear  support  to  further  standardize  the  models  of 
Community licence, certified copies and driver attestation.  

The summary of the received answers to the public consultation, complete text of the 
individual answers and report of the hearing of 7 November 2006 are available on the 
following site:  

http://ec.europa.eu/transport/road/consultations/road_market_en.htm  

2.2. 

Obtaining and use of expertise  

The stakeholder consultation was accompanied by an independent expert, Prof. Brian 
Bayliss, co-chairman  of  the  Committee of  Enquiry on Road Transport which, in July 
1994, had elaborated a comprehensive report on the state of completion of the internal 
market in road transport and of the work necessary to complete it. 

213  

229  

230  

2.3. 

Impact analysis  

The impact analysis carried out to prepare this proposal covered the recast of both the 
rules on admission to the profession and the ones on access to the market, in view of 

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their close links and in view of their overlaps.  

The  impact  assessment  built  on  various  studies  carried  out  during  2004,  2005  and 
20061. It was the result of a contract with an external consultant. During the work on 
the contract, constant feedback was provided from the impact assessment to make sure 
that  the  proposed  recast  took  account  of  its  findings.  The  principle  of  proportionate 
analysis has been applied and the analysis has focused on the most significant forms of 
impact and distributive effects. 

Five policy options have in total be assessed:  

1. 

2. 

3. 

4. 

5. 

The "no change" option would leave the present road legislation unaltered and 
the  problems  outlined  at  the  start  of  this  document  would  persist  and 
eventually become worse.  

The  "technical  simplification  and  non-regulatory"  option  would,  as  far  as 
passenger transport is concerned, be only to merge and codify the  two texts. 
The main problems identified at the start of this document would remain.  

The  "harmonisation"  option  would  mean  to  merge  and  simplify  the  texts, 
notably  the  authorisation  procedure  for  international  regular  services  while 
harmonizing  the  admission  to  the  occupation  and  enhancing  the  monitoring 
and  controls.  This  option  would  improve  compliance  with  the  road  transport 
rules and would reduce administrative costs. It would also reduce the barriers 
for new entrants in the market of international road transport of passengers.  

The "higher quality standards" option would raise to an even higher level the 
average  professional  qualifications  in  the  sector  and  improve  its  financial 
capacity.  In  the  long  run,  it  would  encourage  more  efficient  operators, 
bringing  benefits  for  the  whole  economy.  In  the  short  term,  it  entails 
additional administrative costs which would penalise very small undertakings 
and independent operators. This policy option is more controversial. 

The  "liberalisation"  option  would  totally  abolish  the  current  authorisation 
procedure.  But  without  harmonising  quality  standards  at  the  upper  level  (i.e. 
implementing option 4) first, it could push more efficient operators out of the 
market.  In  the  long  run,  the  overall  effect  on  market  efficiency  would  be 
neutral if not negative. This policy option would cut jobs in certain countries. 
Given  its  wide-ranging  implications  a  much  more  thorough  analysis  would 
need to be undertaken exceeding the current framework of simplification. 

In view of these results, this proposal reflects the Option 3 known as "harmonisation". 
The  summary  of  the  impact  analysis  and  the  complete  report  of  this  impact  analysis 
accompany  this  proposal.  The  impact  analysis  shows  that  the  present  regulation  in 
combination  with  the  other  two  regulations  proposed  at  the  same  time  (on  goods 
transport and admission to the occupation) will reduce distortions to competition, will 
improve compliance with social and road safety rules and will offer the Member States 

Studies were carried out on driver attestations (ECORYS), on admission to the occupation and on the 
Working Time Directive (TNO). 

231  

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the possibility to reduce administrative costs in the order of 190 million € per year. 

3. 

305  

LEGAL ELEMENTS OF THE PROPOSAL  

3.1. 

Summary of the proposed measures  

This  proposal  consolidates  and  merges  the  two  regulations  on  access  to  the  road 
transport market. It introduces the following substantial modifications :  

– 

– 

– 

A  simpler  and  faster  procedure  to  authorise  international  regular  services: 
certain grounds for refusal provided for in the current authorisation regime are 
outdated and should be removed. Authorisation should henceforth be granted 
unless  there  are  clearly  specified  grounds  for  refusal  attributable  to  the 
applicant. Only one ground for refusal relating to the relevant market remains, 
namely  that  the  service  applied  for  would  seriously  affect  the  viability  of  a 
comparable  service  operated  under  a  public  service  obligation  on  the  direct 
sections concerned. 

Simplified and standardized Community licence: more detailed specifications 
are provided for the format of the Community licence and of the certified true 
copies in order to reduce administrative burden and delays especially at road 
side checks. 

Enhanced legal provisions obliging a Member State to act, when requested to 
do  so  by  another  Member  State,  when  a  carrier  to  whom  it  delivered  a 
Community licence commits an infringement in another country. Such action 
should  take  the  form  of  at  least  a  warning.  Enhanced  procedures  to 
communicate between Member States are put in place using the contact points 
established pursuant to the new Regulation on the admission to the occupation 
of road transport operator.  

310  

3.2. 

Legal basis  

The draft regulation, which repeals Regulation (EEC) N° 684/92 and Regulation (EEC) 
N° 12/98.  

320  

3.3. 

Principle of subsidiarity  

The  principle  of  subsidiarity  applies  insofar  as  the  proposal  does  not  fall  within  the 
exclusive competence of the Community.  

The main objective of the proposal is to clarify existing Community rules and therefore 
it  cannot  be  achieved  by  the  Member  States  alone.  Moreover,  the  proposal  seeks  to 
enhance  the  existing  exchange  of  information  between  Member  States,  which  cannot 
be made by a Member State alone and can be made only in a compartmental way on a 
bilateral basis by the Member States. 

323  

A  Community  action  is  therefore  necessary  having  regard  to  the  impossibility  for  a 
Member  State  or  a  group  of  Member  State  of  solving  satisfactorily  the  identified 
problems. The proposal is therefore in conformity with the principle of subsidiarity.  

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3.4. 

Principle of proportionality  

The proposal does not exceed what is required to achieve its objective and respects the 
principle of proportionality for the following reasons :  

331  

–  it  deals  with  international  transport  for  which  a  prescriptive  approach  is  required 

which allows an homogeneous application and provides for fair competition; 

–  in  case  of  serious  or  repeated  minor  infringements,  the  proposal  obliges  Member 
States to issue a warning but leaves it to the discretion of Member States to decide 
when Community licences or certified copies should be withdrawn. 

341  

4. 

409  

5. 

510  

511  

512  

515  

3.5. 

Choice of the instruments  

The  proposed  instrument  is  a  regulation  since  it  aims  at  simplifying  rules  already 
embedded in a regulation.  

BUDGETARY IMPACT  

The proposal will not affect the Community budget.  

ADDITIONAL INFORMATION  

5.1. 

Simplification  

The  proposal  contributes  to  the  simplification  of  the  acquis.  It  appears  in  the  rolling 
programme  of  the  Commission  for  the  update  and  the  simplification  of  the  'acquis 
communautaire'  and  in  its  legislative  and  work  programme  under  the  reference 
2006/TREN/ 42.  

In  this  proposal,  the  obsolete  measures  were  abolished  and,  as  much  as  possible,  the 
contents,  the presentation and the  formulation of the regulations were re-examined to 
facilitate their comprehension and to avoid ambiguous interpretations.  

This  proposal  is  in  conformity  with  the inter-institutional agreement  of  28  November 
2001 for a more structured recourse to the technique of the recasting of the legal acts. It 
was worked out on the basis of a preliminary consolidation of the text carried out, by 
means  of  a  computer  system,  by  the  Office  for  Official  Publications  of  the  European 
Communities. When articles were renumbered, the correlation between old and the new 
numbering  is  exposed  in  a  correspondence  table  which  appears  in  Annex  II  to  the 
recasted regulation.  

5.2. 

Repeal of existing legislation  

The adoption of the proposal will lead to the repeal of Regulation (EEC) N° 684/92 and 
Regulation (EEC) N° 12/98. 

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56  

5.3. 

European Economic Area  

The proposed act concerns an EEA matter and should therefore extend to the EEA.  

570  

5.4. 

Detailed explanation of the proposal  

This  proposal  consolidates  and  merges  the  regulation  (EEC)  N°  684/92  and  the 
regulation (EEC) N° 12/98 on the access to the market of coach and bus services. It 
clarifies  the  existing  legal  provisions  and  modify  them  on  certain  aspects  to 
strengthen  overall  consistency  and  reduce  administrative  burdens.  It  introduces  the 
following substantial modifications: 

Clarification of the scope, the definitions and the principles 

Article 1 clarifies the scope. The regulation applies to all international carriage on the 
territory  of  the  Community,  including  carriage  from  and  to  third  countries,  and  to 
national road passenger services operated  by  a  non-resident  haulier  on  a  temporary 
basis  ("cabotage").  As  regards  international  carriage  to  or  from  a  third  country 
Article 1 specifies that, as long as there is no agreement between the Community and 
the third country in question, the Regulation does not apply to that part of the journey 
carried out within the Member State of picking up or setting down of passengers. It 
does, however, apply within a Member State crossed in transit. 

Article 2 is reworded and now contains only the definitions of the various services. 
The normative provisions are moved to Article 5. 

Community licence and certified copies 

Article  4  introduces  new  provisions  to  standardize  the  Community  licence  and  the 
certified true copies the models of which are provided in Annex I. 

Access to the market 

Article 5 specifies the conditions are which the various services may be operated. It 
has been complemented by the normative provisions previously contained in Article 
2. 

Procedure to authorise international regular services  

Article 8 provides for a streamlined and simplified procedure as compared to the one 
laid down in Regulation 684/92. Authorisation will henceforth be granted unless one 
of  three  grounds  attributable  to  the  applicant  applies.  Only  one  ground  for  refusal 
relating  to  the  relevant  market  remains,  namely  that  the  service  applied  for  would 
seriously affect the viability of a comparable service operated under a public service 
obligation  on  the  direct  sections  concerned.  Transit  countries,  i.e.  Member  States 
which  are  not  affected  by  the  service  because  no  passengers  are  picked  up  or  set 
down,  will  not  be  heard  anymore,  but  will  be  informed  once  the  service  has  been 
authorised. 

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In case the authorising authority is unable to reach a decision the case can be referred 
to the Commission. The deadline of ten weeks for the Commission provided for in 
Regulation  684/92  has  proven  too  short.  It  should  be  extended  to  four  months  to 
allow the Commission to reach a well-founded solution. 

Cabotage 

The  rules  on  cabotage  in  passenger  transport  by  road  remain  in  substance  largely 
unchanged. They were previously laid down in Regulation (EC) No 12/98. 

The  provision  of  Article  9  of  Regulation  12/98  on  safeguard  measures  in  case  of 
serious  disturbances  of  a  national  transport  market  is  not  taken  over  into  the  new 
recast Regulation. This provision has never ever been used since the opening up of 
national markets for cabotage and can therefore be considered redundant. 

Cooperation between Member States 

Although the existing regulations have already provided for the mutual assistance by 
Member  States  practice  has  shown  that  this  cooperation  never  fully  developed. 
Infringements  committed  by  carriers  outside  their  Member  State  of  establishment 
were  only  in  isolated  cases  reported  by  the  Member  State  where  the  infringement 
took  place  and  hardly  ever  resulted  in  a  sanction  imposed  by  the  Member  State  of 
establishment of the carrier. 

In  order  to  strengthen  and  facilitate  the  exchange  of  information  between  national 
authorities  Article  20  obliges  Member  States  to  exchange  information  via  the 
national  contact  points  which  are  to  be  set  up  pursuant  to  the  Regulation  on  the 
admission  to  the  occupation  of  road  transport  operator.  These  are  designated 
administrative  bodies  or  authorities  in  charge  of  carrying  out  the  information 
exchange  with  their  counter  parts  in  the  other  Member  States.  Also,  Article  24 
stipulates  that  Member  States  enter  in  their  national  register  of  road  transport 
undertakings all serious infringements and repeated minor infringements committed 
by their own haulier and which have led to the imposition of a sanction. 

Withdrawals of Community licence and exchange of information  

There are two possible approaches to homogenize the current monitoring and control 
systems  by  Member  States.  The  first  is  to  empower  the  Member  State  so  that  they 
can impose dissuasive sanctions to non resident  carriers  crossing their territory,  for 
instance  by  suppressing  the  mutual  recognition  of  the  Community  licence.  This 
option could lead to discriminatory behaviour by the control authorities and may not 
be compatible with the freedom of circulation. A second approach is to enhance the 
power  and  means  of  the  national  authorities  who  are  habilitated  to  deliver  and 
withdraw  the  Community  licence.  The  current  proposal,  in  combination  with  the 
recast of Directive 96/26/EC, follows this latter approach. 

Consequently,  when  a  carrier  commits  a  serious  infringement  or  repeated  minor 
infringements  of  Community  road  transport  legislation,  Article  22  introduces  an 
obligation for the competent authority of the Member State of establishment of the 
carrier  to  issue  a  warning.  This  obligation  also  applies  to  cases  where  the  carrier 
committed such an infringement in another Member State. In addition, Article 22 (1) 

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clarifies the sanctions that the Member State may impose on the hauliers established 
within its territory, namely the (temporary or partial) withdrawal of certified copies 
of the Community licence or of the Community licence. It is clarified that a Member 
State may also impose as a sanction the temporary or permanent disqualification of a 
carrier's transport manager. 

Article  23  introduces  a  new  procedure  to  be  followed  by  the  Member  State  which 
ascertains an infringement committed by a non-resident carrier. This Member State 
has  one  month  to  communicate  the  information  according  to  a  minimum  standard 
format.  It  may  ask  the  Member  State  of  establishment  to  impose  administrative 
sanctions.  The  Member  State  of  establishment  of  the  carrier  concerned  has  three 
months to inform the other Member State of the follow-up. 

The  reporting  obligations  for  Member  States  are  now  combined  into  one  article, 
Article 28. 

Unchanged provisions 

The  following  provisions  remain  in  substance  unchanged,  albeit  some  technical 
adaptations: 

Regulation  684/92  –  Articles  3,  6,  8,  9,  10,  11,  12,  14  and  15.  Regulation  12/98  – 
none. 

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(cid:208) 684/92 
(cid:214) new 
2007/0097 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on common rules for the international carriage of passengers by coach and bus 

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

(cid:208) 12/98 

on common rules for access to the market for coach and bus services 

(cid:216) new 

(cid:208) 684/92, 12/98 (adapted) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
75 ⌦ 71 ⌫ thereof, 

Having regard to the proposal from the Commission2, 

Having regard to the opinion of the European Economic and Social Committee3, 

Having regard to the opinion of the Committee of the Regions4, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty5, 

Whereas: 

2 
3 
4 
5 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 

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(1) 

(2) 

(cid:216) new 

A number of substantial changes are to be made to Council Regulation (EEC) 684/92 
of  16  March  1992  on  common  rules  for  the  international  carriage  of  passengers  by 
coach and bus6 and Council Regulation (EC) No 12/98 of 11 December 1997 laying 
down  the  conditions  under  which  non-resident  carriers  may  operate  national  road 
passenger transport services within a Member State7. In the interests of clarity, these 
Regulations should be recast. 

(cid:208) 684/92  Recital  1  (adapted), 
12/98 Recital 2 (adapted) 

In accordance with Article 75 (1) (a) of the Treaty, tThe establishment of a common 
transport  policy  entails,  inter  alia,  laying  down  common  rules  applicable  to  the 
international  carriage  of  passengers  by  road ⌦ as  well  as ⌫  pursuant  to  Article  75 
(1) (b) of the Treaty, the establishment of a common transport policy entails, inter alia, 
laying  down  the  conditions  under  which  non-resident  carriers  may  operate  national 
transport services within a Member State. 

(1)  Whereas  Council  Regulation  (EEC)  No  2454/92  of  23  July  1992,  laying  down  the 
conditions  under  which  non-resident  carriers  may  operate  national  road  passenger 
transport services within a Member State (4) was declared void by the Court of Justice 
in its judgment of 1 June 1994 (5); 

(cid:208) 12/98 Recital 1 (adapted) 

(2) 

Such  rules  were  laid  down  in  Council  Regulations  No  117/66/EEC8,  (EEC)  No 
516/729 and (EEC) No 517/7210 and whereas this Regulation does not call in question 
the liberalization achieved by those Regulations; 

(cid:208) 684/92 Recital 2 (adapted) 

6 

7 
8 
9 

10 

OJ L 74, 20.3.1992, p.1. Regulation as last amended by Council Regulation (EC) No 1791/2006 of 20 
November 2006 (OJ L 363, 20.12.2006, p.1) 
OJ L 4, 8.1.1998, p. 4. 
OJ No 147, 9. 8. 1966, p. 2688/66. 
OJ No L 67, 20. 3. 1972, p. 13. Regulation last amended by Regulation (EEC) No 2778/78 (OJ No L 
133, 30. 11. 1978, p. 4). 
OJ No L 67, 20. 3. 1972, p. 19. Regulation last amended by Regulation (EEC) No 1301/78 (OJ No L 
158, 16. 6. 1978, p. 1). 

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(3) 

(4) 

(cid:216) new 

 The  Community  rules  on  the  access  to  the  market  for  coach  and  bus  services  were 
initially  laid  down  in  Regulations  (EEC)  No  684/92  and  (EC)  No12/98.  There  is  a 
need to enhance the clarity, readability and enforceability of the existing rules and to 
improve  certain  aspects  of  the  current  regime.  In  the  interest  of  clarity  and 
simplification,  these  legal  acts  should  be  recast  and  consolidated  into  one  single 
regulation. 

(cid:216) new 

To assure a coherent framework for the international carriage of passengers by coach 
and  bus  throughout  the  Community  this  Regulation  should  apply  to  all  international 
carriage  on  Community  territory.  Carriage  from  Member  States  to  third  countries  is 
still  largely  covered  by  bi-lateral  agreements  between  the  Member  States  and  those 
third countries. Therefore, in this case the Regulation should not apply to that part of 
the journey on the territory of the Member State of picking up or setting down as long 
as  the  necessary  agreements  between  the  Community  and  the  third  countries 
concerned  have  not  been  concluded.  It  should,  however,  apply  to  the  territory  of  a 
Member State crossed in transit. 

(5) 

Freedom  to  provide  services  constitutes  a  basic  principle  of  the  common  transport 
policy  and  requires  that  carriers  from  all  Member  States  be  guaranteed  access  to 
international  transport  markets  without  discrimination  on  grounds  of  nationality  or 
place of establishment. 

(cid:208) 684/92 Recital 3 

(cid:216) new 

(6) 

The international carriage of passengers by coach and bus should be conditional on the 
possession  of  a  Community  licence.  Carriers  should  be  required  to  carry  a  certified 
true copy of the Community licence aboard each of their vehicles in order to facilitate 
effective controls by enforcement bodies, especially those outside the Member State in 
which  the  carrier  is  established.  The  conditions  governing  the  issue  of  Community 
licences,  their  periods  of  validity  and  the  detailed  rules  for  their  use  should  be 
determined.  It  is  necessary  to  lay  down  detailed  specifications  as  regards  the  layout 
and other features of the Community licence and the certified copies. 

EN 

13 

   EN 

 
 
 
 
 
(7) 

There  should  be provision for flexible arrangements  subject to certain conditions for 
shuttle  services  with  accommodation,  special  regular  service  ⌦ services ⌫  and 
certain occasional services, in order to satisfy market demand. 

(cid:208) 684/92 Recital 4 (adapted) 

(8)  While maintaining authorisation arrangements for regular services and shuttle services 
without  accommodation,  certain  rules  should  be  amended,  particularly  as  regards 
authorisation procedures. 

(cid:208) 684/92 Recital 5 

(cid:216) new 

(9) 

 Authorisation of regular services should henceforth be granted unless there are clearly 
specified grounds for refusal attributable to the applicant. Only one ground for refusal 
relating  to  the  relevant  market  should  remain,  namely  that  the  service  applied  for 
would  seriously  affect  the  viability  of  a  comparable  service  operated  under  a  public 
service obligation on the direct sections concerned. 

(6) 

Observance of the Treaty rules on competition must be guaranteed; 

(cid:208) 684/92 Recital 6 (adapted) 

(3) 

That  provision  entails  the  removal  of  all  restrictions  against  carriers  providing  the 
services  in  question  on  the  grounds  of  their  nationality  or  the  fact  that  they  are 
established in a Member State other than that in which the service is to be provided; 

(cid:208) 12/98 Recital 3 

(4) 

Carriers  providing  such  services  should  be  subject  to  comparable  systems,  so  as  to 
limit  inequality  in  the  conditions  of  competition  because  of  their  nationality  and 
country  of  establishment,  and  hence  promote  the  gradual  approximation  of  national 
laws; 

(cid:208) 12/98 Recital 4 

EN 

14 

   EN 

 
 
 
 
 
 
 
(5) 

The  definitions  of  the  various  coach  and  bus  services  should  be  the  same  as  those 
adopted in the context of international transport; 

(cid:208) 12/98 Recital 5 

(10)  Non-resident  carriers  should  be  allowed  to  operate  certain  forms  of  coach  and  bus 
⌦ national road passenger ⌫ services, bearing in mind the specific characteristics of 
each form of service. 

(cid:208) 12/98 Recital 6 (adapted) 

(7)  Whereas  the  provisions  applicable  to  cabotage  transport  operations  should  be 

established; 

(cid:208) 12/98 Recital 7 (adapted) 

(cid:208) 12/98 Recital 8 

(11)  The provisions of Directive 96/71/EC of the European Parliament and of the Council 
of  16  December  1996  concerning  the  posting  of  workers  in  the  framework  of  the 
provision  of  services11  apply  in  cases  where,  for  the  provision  of  special  regular 
services,  carriers,  post  workers,  who  have  an  employment  relationship  with  those 
carriers, from the Member State where they ordinarily work. 

(12)  Where  regular  services  are  concerned,  only  regular  services  provided  as  part  of  a 
regular international service, excluding urban and suburban services, should be opened 
up  to  cabotage  ⌦ non-resident  carriers ⌫  ,  subject  to  certain  conditions,  and  in 
particular to the legislation in force in the host Member State. 

(cid:208) 12/98 Recital 9 (adapted) 

(13) 

It  is  desirable  that  Member  States  should  grant  each  other  mutual  assistance  with  a 
view to the sound application of this Regulation. 

(cid:216) new 

11 

OJ L 18, 21.1.1997, p.1 

EN 

15 

   EN 

 
 
 
 
 
 
 
                                                 
(cid:208) 684/92 Recital 7 
(cid:214) new 

(14)  Administrative  formalities  should  be  reduced  as  far  as  possible  without  the 
abandonment of the controls and penalties that guarantee the correct application (cid:214) and 
effective  enforcement   of  this  Regulation.  (cid:214) To  this  end  the  existing  rules  on  the 
withdrawal  of  the  Community  licence  should  be  clarified  and  strengthened.  The 
current  rules  should  be  adapted  to  allow  also  the  effective  sanctioning  of  serious  or 
repeated  minor  infringements  committed  in  a  Member  State  other  than  the  Member 
State of establishment. Penalties should be non-discriminatory and in proportion to the 
seriousness  of  the  infringements.  There  is  a  need  to  provide  for  the  possibility  of 
lodging an appeal.  

(cid:216) new 

(15)  Member States should enter in their national register of road transport undertakings all 
serious  infringements  and  repeated  minor  infringements  committed  by  carriers  and 
which have led to the imposition of a sanction. 

(16) 

In  order  to  strengthen  and  facilitate  the  exchange  of  information  between  national 
authorities  Member  States  should  exchange  the  relevant  information  through  the 
national contact points  set up pursuant  to Regulation  (EC)  No  XX  [admission  to  the 
occupation]. 

(8) 

It is for the Member States to adopt the measures necessary for the implementation of 
this Regulation. 

(cid:208) 684/92 Recital 8 (adapted) 

(9)  Whereas the application of this Regulation should be monitored by means of a report 
to  be  submitted  by  the  Commission  and  any  future  action  in  this  area  should  be 
considered in the light of that report, 

(cid:208) 684/92 Recital 9 (adapted) 

(10)  Whereas  provisions  should  be  adopted  so  that  action  can  be  taken  in  the  event  of 

serious disturbance of the transport markets affected; 

(cid:208) 12/98 Recitals 10 to 15 
(adapted) 

EN 

16 

   EN 

 
 
 
 
 
 
(11)  Whereas  an  advisory  committee  should  be  set  up  with  the  task  of  assisting  the 
Commission in drawing up documents relating to cabotage transport operations in the 
form of occasional services and advising the Commission on safeguard measures; 

(12)  Whereas it is desirable that Member States should grant each other mutual assistance 
with  a  view  to  the  sound  application  of  this  Regulation,  particularly  in  respect  of 
penalties applicable in the event of infringements; 

(13)  Whereas  it  is  for  the  Member  States  to  adopt  the  measures  necessary  for  the 

implementation of this Regulation; 

(14)  Whereas the application of this Regulation should be monitored by means of a report 

to be submitted by the Commission; 

(15)  Whereas  the  aforementioned  judgment  of  the  Court  of  Justice,  which  declared 
Regulation (EEC) No 2454/92 void, upholds the effects of  the  Regulation  until such 
time as the Council has adopted new legislation on the matter; whereas this Regulation 
will  not  be  applied  until  eighteen  months  after  its  entry  into  force;  whereas  it  must 
therefore be considered that the effects of the voided Regulation will persist until this 
Regulation has been fully implemented, 

(cid:216) new 

(17)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission12. 

(18) 

In particular powers should be conferred on the Commission to establish the format of 
certain documents to be used for the application of this Regulation and to adapt Annex 
I to technical progress. Since those measures are of general scope and are designed to 
amend non-essential elements of this Regulation and to supplement this Regulation by 
the addition of new non-essential  elements they  must be adopted  in accordance with 
the  regulatory  procedure  with  scrutiny  provided  for  in  Article  5a  of  Decision 
1999/468/EC. 

(19)  On  grounds  of  efficiency,  the  normal  time  limits  for  the  regulatory  procedure  with 

scrutiny should be curtailed for the adoption of those measures. 

(20)  Member  States  should  take  the  necessary  measures  to  implement  this  Regulation,  in 

particular as regards effective, proportionate and dissuasive penalties. 

(21)  Since  the  objectives  of  the  action  to  be  taken  cannot  be  sufficiently  achieved  by  the 
Member States and can therefore, by reason of the scale and the effects of the action, 
be  better  achieved  at  Community  level,  the  Community  may  adopt  measures,  in 
accordance with the principle of subsidiarity as  set  out in Article 5 of the Treaty. In 

12 

OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11). 

EN 

17 

   EN 

 
 
                                                 
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this 
Regulation does not go beyond what is necessary in order to achieve those objectives. 

(22) 

It  is  therefore  necessary  to  repeal  Regulations  (EEC)  684/92  and  (EC)  12/98.

EN 

18 

   EN 

 
HAVE ADOPTED THIS REGULATION: 

(cid:208) 684/92 (adapted) 
(cid:214) new 

SECTION I CHAPTER I 

General provisions  

Article 1 
Scope 

1.  This  Regulation  shall  apply  to  the  international  carriage  of  passengers  by  coach  and  bus 
within the territory of the Community by carriers for hire or reward or own-account carriers 
established in a Member State in accordance with its law, using vehicles which are registered 
in  that  Member  State  and  are  suitable,  by  virtue  of  their  construction  and  equipment,  for 
carrying  more  than  nine  persons,  including  the  driver,  and  are  so  intended,  and  to  the 
movement of such vehicles empty in connection with such carriage. 

Change of vehicle or interruption of carriage to enable part of a journey to be made by another 
means of transport shall not affect the application of this Regulation. 

2.  In  the  event  of  carriage  from  a  Member  State  to  a  third  country  and  vice-versa,  this 
Regulation  shall  apply  to  the  (cid:214) part  of  the  journey  on  the  territory  of  any  Member  State 
crossed in transit.  ⌦ It shall not apply to that ⌫ part of the journey on the territory of the 
Member  State  of  picking  up  or  setting  down,  after  conclusion  of  ⌦ as  long  as ⌫  the 
necessary  agreement  between  the  Community  and  the  third  country  concerned  ⌦ has  not 
been concluded ⌫. 

3. Pending the conclusion of ⌦ the ⌫ agreements ⌦ referred to in paragraph 2 ⌫ between 
the Community and the third countries concerned, this Regulation shall not affect provisions 
relating to the carriage referred to in paragraph 2 ⌦ from a Member State to a third country 
and vice-versa ⌫ contained in bilateral agreements concluded by Member States with those 
third countries. However, Member States shall endeavour to adapt those agreements to ensure 
compliance with the principle of non-discrimination between Community carriers. 

4. This regulation shall apply to national road passenger services for hire or reward operated 
on a temporary basis by a non-resident carrier as provided for in Chapter V. 

(cid:216) new 

EN 

19 

   EN 

 
 
 
(cid:208) 684/92 (adapted) 

Article 2 
Definitions 

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

1. Regular services 

1.1.(a)  "Rregular  services"  are  ⌦ means ⌫  services  which  provide  for  the  carriage  of 
passengers  at  specified  intervals  along  specified  routes,  passengers  being  taken  up 
and set down at predetermined stopping points. Regular services shall be open to all, 
subject, where appropriate, to compulsory reservation. 

The  regular  nature  of  the  service  shall  not  be  affected  by  any  adjustment  to  the 
service operating conditions. 

(cid:208) 11/98 Art. 1.1 (adapted) 

(cid:208) 684/92 (adapted) 

1.2.(b)  ⌦ "special  regular  services"  means  regular ⌫  Sservices,  by  whomsoever 
organized, 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 1.1., shall be deemed to be regular services. Such services are 
hereinafter called «special regular services». 

Special regular services shall include: 

(a) 

the carriage of workers between home and work, 

(b) 

carriage to and from the educational institution for school pupils and students,. 

(c) 

the carriage of soldiers and their families between their state of origin and the 
area of their barracks. 

(cid:208) 684/92 (adapted) 

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

1.3. 

The  organization  of  parallel  of  temporary  services,  serving  the  same  public  as 
existing  regular  services,  the  non-serving  of  certain  stops  and  the  serving  of 
additional stops on existing regular services shall be governed by the same rules as 
existing regular services. 

EN 

20 

   EN 

 
 
 
 
 
 
 
 
3. Occasional services 

(cid:208) 684/92 (adapted) 

(cid:208) 11/98 Art. 1.1 (adapted) 

3.1.(c)  "Ooccasional  services"  are  ⌦ means ⌫  services  which  do  not  meet  ⌦ fall 
within ⌫  the  definition  of  regular  services,  including  special  regular  services  and 
which are characterized above all by the fact ⌦ whose main characteristic is ⌫ that 
they carry groups of passengers assembled ⌦ constituted ⌫ on the initiative of the 
customer or the carrier himself. 

The  organization  of  parallel  or  temporary  services  comparable  to  existing  regular 
services and serving the same public as the latter shall be subject to authorization in 
accordance with the procedure laid down in Section II. 

(cid:208) 684/92 (adapted) 
(cid:206)1 11/98 Art. 1.1 

3.3. 

3.4. 

The  services  referred  to  in  point  3  shall  not  cease  to  be  occasional  services  solely 
because they are provided at certain intervals. 

Occasional services may be provided by a group of carriers acting on behalf of the 
same  contractor,  and  travellers  may  catch  a  connection  en  route,  with  a  different 
carrier of the same group, in the territory of one of the Member States. 

The names of such carriers and the connection points en route shall be communicated 
to the competent authorities of the Member States concerned, in accordance with the 
procedures  to  be  determined  by  the  Commission  (cid:206)1 in  accordance  with  the 
procedure laid down in Article 16a . 

(cid:208) 11/98 Art. 1.1 (adapted) 

4. Own-account transport operations 

(d) 

– 

– 

"Oown-account transport operations" are those ⌦ means operations ⌫ carried out 
for  non-commercial  and  non-profit-making  purposes  by  a  natural  or  legal  person, 
provided that: ⌦ whereby ⌫ 

the transport activity is only an ancillary activity for that natural or legal person, 

the  vehicles  used  are  the  property  of  that  natural  or  legal  person  or  have  been 
obtained on deferred terms by them or have been the subject of a long-term leasing 
contract and are driven by a member of the staff of the natural or legal person or by 
the natural person himself. 

EN 

21 

   EN 

 
 
 
 
 
 
 
(cid:216) new 

(e) 

(f) 

(g) 

"cabotage transport operations" means national road passenger services for hire and 
reward carried out on a temporary basis by a carrier in a host Member State. 

"host Member State" means a Member State other than the Member State where the 
carrier is established. 

"serious infringement or repeated minor infringements of Community road transport 
legislation" means infringements which lead to the loss of good repute in accordance 
with Article 6 (1) and (2) of Regulation [admission to the occupation]. 

(cid:208) 684/92 (adapted) 

Article 3 
Freedom to provide services 

1. Any carrier for hire or reward referred to in Article 1 shall be permitted ⌦ in accordance 
with  this  Regulation ⌫  to  carry  out  the  transport  services  defined  in  Article  2  ⌦ regular 
services  including  special  regular  services  and  occasional  services  by  coach  and  bus ⌫ 
without discrimination as to nationality or place of establishment if he: 

(cid:208) 11/98 Art. 1.2 (adapted) 

(a) 

is  authorised  in  the  State  of  establishment  to  undertake  carriage  by  means  of 
regular  services  including  special  regular  services  or  occasional  services  by 
coach and bus ⌦ in accordance with the market access conditions laid down 
by national legislation ⌫; 

(cid:208) 684/92 (adapted) 

(b) 

(c) 

satisfies  the  conditions  laid  down  in  accordance  with  Community  rules  on 
admission  to  the  occupation  of  road  passenger  transport  operator  in  national 
and international transport operations; 

meets  legal  requirements  on  road  safety  as  far  as  ⌦ regarding ⌫  the 
standards for drivers and vehicles are concerned ⌦ as laid down, in particular, 
in Council Directive 96/53/EC13, Council Directive 92/6/EEC14 and  Directive 
2003/59/EC of the European Parliament and of the Council15. ⌫ 

13 
14 
15 

OJ L 235, 17.9.1996, p. 59. 
OJ L 57, 2.3.1992, p. 27, Directive as last amended by Directive 2002/85/EC OJ L 327, 4.12.2002, p. 8 
OJ L 226, 10.9.2003, p. 4. 

EN 

22 

   EN 

 
 
 
 
 
                                                 
2. Any own-account carrier referred to in Article 1 shall be permitted to carry out the transport 
services  defined  in  Article  13  5(5)  without  discrimination  as  to  nationality  or  place  of 
establishment if he: 

(a) 

(b) 

is authorised in the State of establishment to undertake carriage by coach and bus in 
accordance with the market-access conditions laid down by national legislation; 

meets legal requirements on road safety as far as ⌦ regarding ⌫ the standards for 
drivers  and  vehicles  are  concerned  ⌦ as  laid  down,  in  particular,  in  Directives 
96/53/EC, 92/6/EEC16 and 2003/59/EC. ⌫ 

(cid:208) 11/98 Art. 1.3 (adapted) 

CHAPTER II 

⌦ Community licence and market access ⌫ 

Article 3a4 
Community licence 

1.  In  order  to  carry  out  iInternational ⌦ carriage  of ⌫  passengers  transport  operations  by 
coach  and  bus,  any  carrier  meeting  the  criteria  laid  down  in  Article  3  (1)  must  hold  as 
⌦ shall  be  carried  out  subject  to  a ⌫  Community  licence  issued  by  the  competent 
authorities of the Member State of establishment in accordance with the model set out in the 
Annex. 

2. The competent authorities of the Member State of establishment shall issue the holder with 
the original of the Community licence, which shall be kept by the carrier, and the number of 
certified  true  copies  corresponding  to  the  number  of  vehicles  used  for  the  international 
carriage of passengers at the disposal of the holder of the Community licence, either in full 
ownership,  or  in  another  form,  notably  by  virtue  of  an  instalment-purchase  contract,  a  hire 
contract or a leasing contract. 

(cid:216) new 

The Community licence and the certified true copies shall be in the format set out in Annex I.  

They shall bear an engraved stamp or seal of the issuing authority as well as a signature and a 
serial  number.  The  serial  number  of  the  driver  attestation  shall  be  recorded  in  the  national 
electronic  register  of  road  transport  undertakings  provided  for  in  Article  15  of  Regulation 
[admission to the occupation] as part of the data set of the carrier. 

16 

OJ L 57, 2.3.1992, p. 27, Directive as last amended by Directive 2002/85/EC OJ L 327, 4.12.2002, p. 8 

EN 

23 

   EN 

 
 
 
                                                 
The  measures  designed  to  amend  non-essential  elements  of  this  Regulation  relating  to  the 
adaptation of Annex I to technical progress shall be adopted in accordance with the regulatory 
procedure with scrutiny referred to in Article 26 (2). 

(cid:208) 11/98 Art. 1.3 

3.  The  Community  licence  shall  be  established  in  the  name  of  the  carrier  and  shall  be  non-
transferable. A certified true copy of the Community licence shall  be carried on the vehicle 
and shall be presented at the request of any authorised inspecting officer. 

4. The Community licence shall be issued for a period of five years which shall be renewable. 

Community  licences  and  certified  copies  issued  before  the  date  of  application  of  this 
Regulation shall remain valid until the date of their expiry. 

(cid:216) new 

(cid:208) 11/98 Art. 1.3 (adapted) 
(cid:214) new 

5. The Community licence shall replace the document issued by the competent authorities of 
the Member State of establishment certifying that the carrier has access to the market for the 
international carriage of passengers by road. 

6.5. When an application for a licence is submitted, and at least every five years thereafter, the 
competent  authorities  of  the  Member  State  of  establishment  shall  verify  whether  the  carrier 
meets or continues to meet the conditions laid down in Article 3 (1). 

7.6. Where the conditions referred to in Article 3 (1) are not met, the competent authorities of 
the  Member  State  of  establishment  shall  refuse  to  issue  or  renew  (cid:214) or  shall  withdraw   a 
Community licence by means of a reasoned decision. 

8.7. Member States shall guarantee the right of the applicant for, or holder of, a Community 
licence  to  appeal  against  a  decision  by  the  competent  authorities  of  the  Member  State  of 
establishment to refuse or withdraw this licence. 

10.8. Member States may decide that the Community licence shall also be valid for national 
transport operations. 

EN 

24 

   EN 

 
 
 
 
(cid:208) 11/98 Art. 1.4 (adapted) 

Article 45 
Access to the market 

1. Occasional services as defined in Article 2 (3.1) shall not require authorization. 

1. Regular services shall be open to all, subject, where appropriate, to compulsory reservation. 

(cid:208) 684/92 Art. 2, point 1.1., 2nd 
sentence 

4. Regular services as defined in the first subparagraph of Article 2 (1.1) and special regular 
services  not  covered  by  a  contract  between  the  organizer  and  the  carrier  ⌦ They ⌫  shall 
require authorisation in accordance with Articles 5 to 10 ⌦ the provisions of Chapter III ⌫ . 

(cid:208) 11/98 (adapted) 

The  regular  nature  of  the  service  shall  not  be  affected  by  any  adjustment  to  the  service 
operating conditions. 

(cid:208) 11/98 Art. 1.1 

(cid:208) 684/92 Art. 2, point 1.3 
(adapted) 

1.3. The organization of parallel of ⌦ or ⌫ temporary services, serving the same public as 
existing regular services, the non-serving of certain stops and the serving of additional stops 
on existing regular services shall be governed by the same rules as ⌦ the ⌫ existing regular 
services. 

(cid:208) 684/92  Art.  2,  point  1.2., 
second subparagraph (adapted) 
(cid:214) new 

2. Special regular services ⌦ shall be operated under the conditions specified in paragraph 1. 
They ⌫ shall include: 

(a) 

the carriage of workers between home and work, 

(b) 

carriage to and from the educational institution for school pupils and students,. 

EN 

25 

   EN 

 
 
 
 
 
 
 
(c) 

the carriage of soldiers and their families between their state of origin and the 
area of their barracks. 

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

(cid:208) 684/92  Art.  2,  point  1.2,  third 
subparagraph 

2. Special regular services defined in Article 2 (1.2) shall not require authorisation if they are 
covered by a contract concluded between the organizer and the carrier. 

(cid:208) 11/98 Art. 1.4 (adapted) 

1. 3. Occasional services as defined in Article 2 (3.1) shall not require authorisation. 

(cid:208) 11/98 Art. 1.4 (adapted) 

(cid:208) 11/98  Art.  1.1,  point  3.1,  2nd 
paragraph (adapted) 

⌦ However, ⌫ Tthe organization of parallel or temporary services comparable to existing 
regular  services  and  serving  the  same  public  as  the  latter  shall  be  subject  to  authorization 
⌦ authorisation ⌫  in  accordance  with  the  procedure  laid  down  in  Section  II  ⌦ Chapter 
III ⌫ . 

(cid:208) 684/92 Art. 2, points 3.3. and 
3.4.; 11/98 Art. 1.1 (adapted); 

3.3.  The  ⌦ Occasional ⌫  services  referred  to  in  point  3  shall  not  cease  to  be  occasional 
services solely because they are provided at certain intervals. 

3.4. Occasional services may be provided by a group of carriers acting on behalf of the same 
contractor, and travellers may catch a connection en route, with a different carrier of the same 
group, in the territory of one of the Member States. 

The names of such carriers and the connection points en route shall be communicated to the 
competent authorities of the Member States concerned, in accordance with the procedures to 
be determined by the Commission in accordance with the procedure laid down in Article 16a. 

EN 

26 

   EN 

 
 
 
 
 
 
(cid:216) new 

The measures designed to amend non-essential elements of this Regulation by supplementing 
it  relating  to  the  procedures  for  the  communication  to  the  competent  authorities  of  the 
Member  States  concerned  of  the  names  of  such  carriers  and  the  connection  points  en  route 
shall  be  adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in 
Article 26 (2). 

3.4.  Empty  journeys  by  vehicles  in  connection  with  the  transport  operations  referred  to  in 
paragraphs 1 and 2 ⌦ paragraph 2, third subparagraph, and in paragraph 3 ⌫ shall likewise 
not require authorisation. 

(cid:208) 11/98 Art. 1.4 (adapted) 

5. Arrangements for own-account transport operations are set out in Article 13. 

(cid:208) 684/92 (adapted) 

(cid:208) 684/92 (adapted) 

SECTION IV 

OWN-ACCOUNT TRANSPORT OPERATIONS 

15. Own-account road transport operations defined in point 4 d of Article 2 shall be exempt 
from any system of authorisation but shall be subject to a system of certificates. 

Article 13 

(cid:208) 684/92; 11/98 Art. 1.14 
(adapted) 

3.  The  certificates  provided  for  in  paragraph  1  shall  be  issued  by  the  competent  authority 
⌦ authorities ⌫ of the Member State in which the vehicle is registered and shall be valid 
for the entire journey including transit. 

They  must  conform  to  a  model  determined  by  the  Commission  in  accordance  with  the 
procedure laid down in Article 16a. 

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The measures designed to amend non-essential elements of this Regulation by supplementing 
it relating to the format of the certificates shall be adopted in accordance with the regulatory 
procedure with scrutiny referred to in Article 26 (2). 

(cid:216) new 

(cid:208) 11/98 Art. 1.5 

SECTION II CHAPTER III 

Regular services subject to authorisation 

(cid:208) 684/92 (adapted) 
(cid:206)1 11/98 Art. 1.6 
(cid:214) new 

Article 65 
Nature of authorisation 

1.  Authorisations  shall  be  issued  in  the  name  of  the  transport  undertaking  ⌦ carrier ⌫  ;. 
tThey may (cid:214) shall  not be transferred by the latter to third parties. However, the ⌦ a ⌫ 
carrier  who  has  received  the ⌦ an ⌫  authorisation  may,  with  the  consent  of  the  authority 
referred  to  in  Article  67 (1),  operate  the  service  through  a  sub-contractor.  In  this  case,  the 
name  of  the  latter  undertaking  and  its  role  as  sub-contractor  shall  be  indicated  in  the 
authorisation. The sub-contractor must ⌦ shall ⌫ fulfil the conditions laid down in Article 
3 (1). 

(cid:206)1 In the case of undertakings associated for the purpose of operating a regular service, the 
authorisation shall be issued in the names of all the undertakings.  It shall be given to the 
undertaking  that  manages  the  operation  and  copies  shall  be  given  to  the  others.  The 
authorisation shall state the names of all the operators. 

(cid:206)1 2. The period of validity of an authorisation shall not exceed five years.  It may be set 
at less either at the request of the applicant or by mutual consent of the competent authorities 
of the Member States on whose territory passengers are picked up or set down. 

3. Authorisations shall specify the following: 

(a) 

(b) 

the type of service; 

the route of the service, giving in particular the place of departure and the place of 
destination; 

(c) 

the period of validity of the authorisation; 

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(d) 

the stops and the timetable. 

(cid:208) 11/98 Art. 1.6 

4. Authorisations shall conform to a model drawn up by the Commission in accordance with 
the procedure laid down in Article 16a. 

(cid:208) 684/92; 
(adapted) 

11/98  Art. 

1.6 

4.  The  measures  designed  to  amend  non-essential  elements  of  this  Regulation  by 
supplementing  it  relating  to  the  format  of  the  authorisations  shall  be  adopted  in  accordance 
with the regulatory procedure with scrutiny referred to in Article 26 (2). 

(cid:216) new 

(cid:208) 11/98 Art. 1.6 (adapted) 

5. Authorisations shall entitle their holder(s) to operate regular services in the territories of all 
Member States over which the routes of the service pass. 

6. The operator of a regular service may use additional vehicles to deal with temporary and 
exceptional situations. 

In this case, the carrier must ⌦ shall ⌫ ensure that the following documents are carried on 
the vehicle: 

(a) 

(b) 

(c) 

a copy of the authorisation of the regular service,; 

a copy of the contract between the operator of the regular service and the undertaking 
providing the additional vehicles or an equivalent document,; 

a certified true copy of the Community licence issued to the operator of the regular 
service. 

(cid:208) 684/92, 
(adapted) 

11/98  Art. 

1.7 

Article 76 
Submission of application for authorisation 

1.  Applications  for  authorisation  of  regular  services  shall  be  submitted  to  the  competent 
authorities  of  the  Member  State  in  whose  territory  the  place  of  departure  is  situated,. 

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29 

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hereinafter referred to as the «authorising authority». The place of departure shall mean «one 
of the termini of the service». 

2. Applications shall conform to a model drawn up by the Commission in accordance with the 
procedure laid down in Article 16a. 

(cid:208) 684/92; 11/98 Art. 1.7 
(adapted) 

2.  The  measures  designed  to  amend  non-essential  elements  of  this  Regulation  by 
supplementing it relating to the format of the applications shall be adopted in accordance with 
the regulatory procedure with scrutiny referred to in Article 26 (2). 

(cid:216) new 

(cid:208) 11/98 Art. 1.7 

3.  Persons  applying  for  authorisation  shall  provide  any  further  information  which  they 
consider  relevant  or  which  is  requested  by  the  authorising  authority,  in  particular  a  driving 
schedule  making  it  possible  to  monitor  compliance  with  Community  legislation  on  driving 
and rest periods and a copy of the Community licence for international carriage of passengers 
by road for hire or reward provided for in Article 3a4. 

(cid:208) 11/98 Art. 1.8 (adapted) 
(cid:214) new 

Article 78 
Authorising procedure 

1. Authorisations shall be issued in agreement with the authorities of all the Member States in 
whose  territories  passengers  are  picked  up  or  set  down.  The  authorising  authority  shall 
forward  to  such  authorities,  —  as  well  as  to  the  competent  authorities  of  Member  States 
whose territories are crossed without passengers being picked up or set down, — a copy of 
the application, together with copies of any other relevant documentation, and its assessment. 

2. The competent authorities of the Member States whose agreement has been requested shall 
notify the authorising authority of their decision on the application within two months. This 
time limit shall be calculated from the date of receipt of the request for an opinion which is 
shown in the acknowledgement of receipt. If within this period the authorising authority has 
received no reply ⌦ does not receive a reply within two months ⌫, the authorities consulted 
shall be deemed to have given their agreement and the authorising authority shall (cid:214) may  
grant the authorisation. 

EN 

30 

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The authorities of the Member States whose territories are crossed without passengers being 
picked up or set down may notify the authorizing authority of their comments within the time 
limits laid down in the first subparagraph. 

3.  Subject  to  paragraphs  7  and  8,  tThe  authorising  authority  shall  take  a  decision  on  the 
application within four months of the date of submission of the application by the carrier. 

4. Authorisation shall be granted unless: 

(a) 

(b) 

(c) 

(d) 

(e) 

(fd) 

the applicant is unable to provide the service which is the subject of the application 
with equipment directly available to him; 

in the past the applicant has not complied with national or international legislation on 
road  transport,  and  in  particular  the  conditions  and  requirements  relating  to 
authorisations  for  international  road  passenger  services,  or  has  committed  (cid:214) a  
serious breaches (cid:214) infringement or repeated minor infringements  of legislation in 
regard to road safety, in particular with regard to the rules applicable to vehicles and 
driving and rest periods for drivers; 

in  the  case  of  an  application  for  renewal  of  authorisation,  the  conditions  of 
authorisation have not been complied with; 

it is shown that the service in question would directly compromise the existence of 
regular services already authorized, except in cases in which the regular services in 
question are carried out by a single carrier or group of carriers only; 

it appears that the operation of services covered by the application is aimed only at 
the most lucrative of the services existing on the links concerned; 

a  Member  State  decides  on  the  basis  of  a  detailed  analysis  that  the  said  service 
⌦ concerned ⌫  would  seriously  affect  the  viability  of  a  comparable  rail  service 
(cid:214) operated  under  a  public  service  contract  which  stipulates  a  public  service 
obligation as defined in Regulation (EC) No nnnn/yyyy of the European Parliament 
and of the Council on public passenger transport services by rail and road on the 
direct sections concerned. Any decision pursuant to this provision, together with the 
reasons therefor, shall be notified to the carriers affected. 

As from 1 January  2000, iIn the event that an existing international bus service is seriously 
affecting the viability of a comparable rail service (cid:214) operated under a public service contract 
which stipulates a public service obligation as defined in Regulation (EC) No nnnn/yyyy of 
the European Parliament and of the Council on public passenger transport services by rail and 
road  on  the  direct  sections  concerned,  a  Member  State  may,  with  the  agreement  of  the 
Commission, suspend or withdraw the authorisation to run the international bus service after 
having given six months' notice to the carrier. 

The fact that a carrier offers lower prices than are offered  by other  road  carriers or  the fact 
that the link in question is already operated by other road carriers may (cid:214) shall  not in itself 
constitute justification for rejecting the application. 

5. The authorising authority and the competent authorities of all the Member States involved 
in the procedure to reach the agreement provided for in paragraph 1 may refuse applications 
only on the basis of reasons compatible with ⌦ provided for in ⌫ this Regulation. 

EN 

31 

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9.6. Having completed the procedure laid down in ⌦ paragraphs 1 to 5 of ⌫ this Article, the 
authorising authority shall inform all the authorities referred to in paragraph 1 of its decision, 
sending  them  a  copy  of  any  authorisation  (cid:214) grant  the  authorisation  or  formally  refuse  the 
application  ; the competent authorities of the transit Member States may indicate that they 
do not wish to be so informed. 

Decisions refusing an application must ⌦ shall ⌫ state the reasons on which they are based. 
Member  States  shall  ensure  that  transport  undertakings  are  given  the  opportunity  to  make 
representations in the event of their application being refused. 

(cid:208) 684/92, Art. 8(2) (adapted) 

(cid:208) 11/98 Art. 1.8 (adapted) 
(cid:214) new 

(cid:214) The  authorising  authority  shall  inform  all  the authorities  referred  to in  paragraph  1  of  its 
decision, sending them a copy of any authorisation.  

6.7. If the procedure for reaching the agreement referred to in paragraph 1 does not enable the 
authorising  authority  to  decide  on  an  application,  the  matter  may  be  referred  to  the 
Commission  within  the  time  limit  of  five  (cid:214) one   months  calculated  from  the  date  of 
submission of the application by the carrier (cid:214) communication of a negative decision by one 
or more of the Member States consulted pursuant to paragraph 1 . 

7.8. After ⌦ having consulted ⌫ consulting the Member States concerned, the Commission 
shall within ten weeks (cid:214) four months from receipt of the communication from the authorising 
authority   take  a  decision  which  shall  take  effect  within  ⌦ after ⌫  thirty  days  of  the 
notification of ⌦ to ⌫ the Member States concerned. 

8.9. The Commission decision shall continue to apply until such time as agreement is reached 
between the Member States concerned. 

(cid:208) 684/92 (adapted) 
(cid:206)1 11/98 Art. 1.9 

Article 98 
Grant and rRenewal ⌦ and alteration ⌫ of authorisations 

1. Once the procedures referred to in Article 7 have been completed, the authorising authority 
shall grant the authorisation or shall formally refuse the application. 

2. Decisions refusing an application must state the reasons on which they are based. Member 
States  shall  ensure  that  transport  undertakings  are  given  the  opportunity  to  make 
representations in the event of their application being refused. 

EN 

32 

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3. Article 78 shall apply, mutatis mutandis, to applications for the renewal of authorisations or 
for  alteration  of  the  conditions  under  which  the  services  subject  to  authorisation  must  be 
carried out. 

In the event of a minor alteration to the operating conditions, in particular adjustment (cid:206)1 of 
intervals   of  fares  and  timetables,  the  authorising  authority  need  only  supply  the  other 
Member States concerned with the information in question ⌦ relating to the alteration ⌫ . 

The Member States concerned may also agree that the authorising authority alone shall decide 
on alterations to the conditions under which a service is operated. 

Article 109 
Lapse of an authorisation 

1. Without prejudice to ⌦ the provisions of Regulation (EC) No XX/aaaa on public service 
obligations  for  passenger  transport  services  by  rail  and  road17 ⌫  Article  14  of  Regulation 
(EEC) No 1191/6918, an authorisation for a regular service shall lapse at the end of its period 
of validity or three months after the authorising authority has received ⌦ notice ⌫ from its 
holder notice of his intention to withdraw the service. Such notice must ⌦ shall ⌫ contain a 
proper statement of reasons. 

2.  Where  demand  for  a  service  has  ceased  to  exist,  the  period  mentioned  ⌦ of  notice 
provided for ⌫ in paragraph 1 shall be reduced to one month. 

3. The authorising authority shall inform the competent authorities of the other Member States 
concerned that the authorisation has lapsed. 

54.The holder of the authorisation shall notify users of the service concerned of its withdrawal 
one month beforehand by means of appropriate publicity. 

Article 1011 
Obligations of carriers 

1.  Save  in  the  event  of  force  majeure,  the  operator  of  a  regular  service  shall,  until  the 
authorisation  expires,  take  all  measures  to  guarantee  a  transport  service  that  fulfils  the 
standards  of  continuity,  regularity  and  capacity  and  complies  with  the  other  conditions  laid 
down by the competent authority in accordance with Article 56 (3). 

2. The carrier shall display the route of the service, the bus stops, the timetable, the fares and 
the conditions of carriage — insofar as these are not laid down by law — in such a way as to 
ensure that such information is readily available to all users. 

3.  Without  prejudice  to  ⌦   (EC)  No  XX/aaaa  on  public  service  obligations  for  passenger 
transport services by rail and road ⌫ (EEC) No 1191/69, it shall be possible for the Member 

17 
18 

OJ L, p. 
Council  Regulation  (EEC)  No  1191/69  of  26  June  1969  on  action  by  Member  States  concerning  the 
obligations inherent in the concept of a public service in transport by rail, road and inland waterway (OJ 
No L 156, 28. 6. 1969, p. 1). Regulation last amended by Regulation (EEC) No 1893/91 (OJ No L 169, 
29. 6. 1991, p. 1). 

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33 

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States  concerned,  by  common  agreement  and  in  agreement  with  the  holder  of  the 
authorisation, to make changes to the operating conditions governing a regular service. 

SECTION III CHAPTER IV 

Occasional services and other services exempt from authorisation 

(cid:208) 11/98 Art. 1.11 

(cid:208) 11/98 Art. 1.12 (adapted) 
(cid:214) new 

Article 1211 
Journey form ⌦ Control documents ⌫ 

1. The ⌦ Occasional ⌫ services referred to in Article 4 (1) shall be carried out under cover 
of  a  journey  form  ⌦ with  the  exception  of  the  services  referred  to  in  the  second 
subparagraph of Article 5 (3) ⌫ . 

2. A carrier operating occasional services shall fill out a journey form before each journey. 

3. The journey form shall contain at least the following information: 

(a) 

(b) 

(c) 

the type of service; 

the main itinerary; 

the carrier(s) involved. 

(cid:214) 4.  The  measures  designed  to  amend  non-essential  elements  of  this  Regulation  by 
supplementing it relating to the format of the journey form and the way in which it is to be 
used shall be adopted in accordance with the regulatory procedure with scrutiny referred to in 
Article 26 (2).  

45. The books of journey forms shall be supplied by the competent authorities of the Member 
State  where  the  transport  undertaking  is  established  or  by  bodies  appointed  by  those 
authorities. 

(cid:214) 6.  The  measures  designed  to  amend  non-essential  elements  of  this  Regulation  by 
supplementing it relating to the format of the book of journey forms and the way in which it is 
to be used shall be adopted in accordance with the regulatory procedure with scrutiny referred 
to in Article 26 (2).  

5. The Commission shall, in accordance with the procedure provided for in Article 16a, lay 
down the model for the journey form and the way in which it is to be used. 

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34 

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(cid:214) 7. In the case of the special regular services referred to in the third subparagraph of Article 
5 (2), the contract or a certified true copy of it shall serve as the control document.  

(cid:208) 684/92 (adapted) 
(cid:206) 11/98 Art. 1.14 

Article 1312 
Local excursions 

Within  the  framework  of  an  international  occasional  service,  a  carrier  may  carry  out 
occasional  services  (local  excursions)  in  a  Member  State  other  than  that  in  which  it  is 
established. 

Such  services  shall  be  intended  for  non-resident  passengers  previously  carried  by  the  same 
carrier on one of the international services mentioned in the first subparagraph and must be 
carried out with the same vehicle or another vehicle from the same carrier or group of carriers. 

SECTION IV 

OWN-ACCOUNT TRANSPORT OPERATIONS 

1. Own-account road transport operations defined in point 4 of Article 2 shall be exempt from 
any system of authorization but shall be subject to a system of certificates. 

Article 13 

(cid:208) 684/92 
(cid:206)1 11/98 Art. 1.14 

3. The certificates provided for in paragraph 1 shall be issued by the competent authority of 
the Member State in which the vehicle is registered and shall be valid for the entire journey 
including transit. 

They  must  conform  to  a  model  determined  by  the  Commission  (cid:206)1 in  accordance  with  the 
procedure laid down in Article 16a . 

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35 

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(cid:208) 12/98 (adapted) 
(cid:214) new 

CHAPTER V 

⌦ Cabotage ⌫ 

Article 141 
⌦ Principle ⌫ 

1.  Any  carrier  who  operates  road  passenger  transport  services  for  hire  or  reward,  and  who 
holds  the  ⌦ a ⌫  Community  licence  provided  for  in  Article  3a  of  Council  Regulation 
(EEC)  No  684/92  of  16  March  1992  on  common  rules  for  the  international  carriage  of 
passengers  by  coach  and  bus  (1),  shall  be  permitted,  under  the  conditions  laid  down  in  this 
Regulation Chapter and without discrimination on grounds of the carrier's nationality or place 
of  establishment,  temporarily  to  operate  national  road  passenger  services  for  hire  or  reward 
⌦ the cabotage transport operations as specified in Article 15 ⌫ in another Member State, 
hereinafter referred to as the 'host Member State', without being required to have a registered 
office or other establishment in that State. 

Such national transport services are hereinafter referred to as 'cabotage transport operations'. 

Article 5 

2. The Community license or aA certified true copy ⌦ of the Community licence ⌫ thereof 
shall  be  kept  on  board  the  vehicle  and  be  produced  when  requested  by  an  authorised 
inspecting officer. 

Article 153 
⌦ Authorised cabotage transport operations ⌫ 

Cabotage transport operations shall be authorised for the following services: 

(1)(a) special regular services provided that they are covered by a contract concluded between 
the organiser and the carrier; 

(2)(b) occasional services; 

(3)(c)  regular  services,  provided  they  are  performed  by  a  carrier  not  resident  in  the  host 
Member  State  in  the  course  of  a  regular  international  service  in  accordance  with  this 
Regulation (EEC) No 684/92 ⌦ with the exception of transport services meeting the needs of 
an urban centre or conurbation, or transport needs between it and the surrounding areas. ⌫ . 
Cabotage transport ⌦ operations ⌫ cannot ⌦ shall not ⌫ be performed independently of 
such international service. Urban and suburban services shall be excluded from the scope of 
this point. 

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36 

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'Urban and suburban services' means transport services meeting the needs of an urban centre 
or conurbation, and transport needs between it and the surrounding areas. 

Article 164 
⌦ Rules applicable to cabotage transport operations ⌫ 

1.  The  performance  of  the  cabotage  transport  operations  referred  to  in  Article  315  shall  be 
subject,  save  as  otherwise  provided  in  Community  legislation,  to  the  laws,  regulations  and 
administrative provisions in force in the host Member State in relation to the following areas: 

(a) rates and conditions governing the transport contract; 

(b)  weights  and  dimensions  of  road  vehicles;  such  weights  and  dimensions  may,  where 
appropriate, exceed those applicable in the carrier's Member State of establishment, but they 
may  under  no  circumstances  exceed  the  technical  standards  set  out  in  the  certificate  of 
conformity; 

(c)  requirements  relating  to  the  carriage  of  certain  categories  of  passengers,  viz. 
⌦ namely ⌫ schoolchildren, children and persons with reduced mobility; 

(d) (cid:214) working time,  driving ⌦ time ⌫ and rest time ⌦ periods ⌫ ; 

(e)  VAT  (value  added  tax)  on  transport  services;  in  this  area  Article  21  (1)  (a)  of  Council 
Directive  77/388/EEC  of  17  May  1977  on  the  harmonization  of  the  laws  of  the  Member 
States  relating  to  turnover  taxes  -  common  system  of  value  added  tax:  uniform  basis  of 
assessment19 shall apply to the services referred to in Article 1 of this Regulation. 

such  ⌦ The ⌫  weights  and  dimensions  ⌦ referred  to  in  point  (b) ⌫  may,  where 
appropriate, exceed those applicable in the carrier's Member State of establishment, but they 
may  under  no  circumstances  exceed  (cid:214) the  limits  set  by  the  host  Member  State  for  national 
traffic or  the technical standards set out in the certificate of conformity ⌦ characteristics 
mentioned in the proofs referred to in Article 6(1) of Directive 96/5320 ⌫; 

2. Save as otherwise provided in Community legislation, cabotage transport operations which 
form part of the transport services provided for in Article 3(3) 15 (c) shall be subject to the 
existing  laws,  regulations  and  administrative  provisions  in  force  in  the  host  Member  State 
regarding  authorisations,  tendering  procedures,  the  routes  to  be  operated  and  the  regularity, 
continuity and frequency of services as well as itineraries. 

3. The technical standards of construction and equipment which must be met by vehicles used 
to  carry  out  cabotage  transport  operations  shall  be  those  laid  down  for  vehicles  put  into 
circulation in international transport. 

4.  The  national  ⌦ laws,  regulations  and  administrative ⌫  provisions  referred  to  in 
paragraphs  1  and  2  shall  be  applied  by  the  Member  States  to  non-resident  carriers  on 

19 

20 

Council Directive 77/388/EEC of 17 May 1977 on the harmonization for the laws of the Member States 
relating to turnover taxes — common system of value added tax: uniform basis of assessment (OJ No L 
145, 13. 6. 1977, p. 1). Directive as last amended by Directive 92/111/EEC (OJ No L 384, 30. 12. 1992, 
p. 47). 
OJ L 235, 17.9.1996, p.59. 

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37 

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⌦ under ⌫ the same conditions as those ⌦ are ⌫ imposed on their own nationals, so as 
effectively to prevent any open or hidden discrimination on grounds of nationality or place of 
establishment. 

5.  If  it  is  established  that,  in  the  light  of  experience,  the  list  of  areas  covered  by  the  host 
Member State's provisions, as referred to in paragraph 1, needs to be amended, the Council 
shall do so by a qualified majority, on a proposal from the Commission. 

Article 176 
⌦ Control documents for cabotage transport operations ⌫ 

1. Cabotage transport operations in the form of occasional services shall be carried out under 
cover  of  a  control  document  -  the  journey  form  - ⌦ as  referred  to  in  Article  12 ⌫  which 
must  be  kept  on  board  the  vehicle  and  be  produced  when  requested  by  an  authorised 
inspecting officer. 

2. The journey form, the model for which shall be adopted by the Commission in accordance 
with the procedure laid down in Article 8, shall comprise tThe following information ⌦ shall 
be entered in the journey form ⌫ : 

(a) the points of departure and destination of the service; 

(b) the date of departure and the date on which the service ends. 

3. The journey forms shall be supplied in books ⌦ as referred to in Article 12 ⌫ certified by 
the competent authority or agency in the Member State of establishment. The model for the 
book of journey forms shall be adopted by the Commission in accordance with the procedure 
laid down in Article 8. 

4. In the case of special regular services, the contract concluded between the carrier and the 
transport  organizer,  or  a  certified  true  copy  of  the  contract,  shall  serve  as  the  control 
document. 

However,  the  ⌦ a ⌫  journey  form  shall  be  completed  ⌦ filled  out ⌫  in  the  form  of  a 
monthly statement. 

5.  The  journey  forms  used  shall  be  returned  to  the  competent  authority  or  agency  in  the 
Member  State  of  establishment  in  accordance  with  procedures  to  be  laid  down  by  that 
authority or agency. 

Article 7 

1.  At  the  end  of  each  quarter  and  within  three  months,  which  may  be  reduced  by  the 
Commission  to  one  month  in  the  case  referred  to  in  Article  9,  the  competent  authority  or 
agency  in  each  Member  State  shall  communicate  to  the  Commission  the  data  concerning 
cabotage transport operations, in the form of special regular services and occasional services, 
carried out during the quarter in question by resident carriers. 

The communication shall be effected by means of a table conforming to the model adopted by 
the Commission in accordance with the procedure laid down in Article 8. 

EN 

38 

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2. Once a year the competent authorities in the host Member State shall send the Commission 
statistics on the number of authorizations issued for cabotage transport operations in the form 
of the regular services referred to in Article 3 (3). 

3. The Commission shall send to the Member States, as soon as possible, summary statements 
drawn up on the basis of the data submitted under paragraph 1. 

Article 9 

1. In the event of serious disturbance of the internal transport market in a given geographical 
area  due  to  or  aggravated  by  cabotage,  any  Member  State  may  refer  the  matter  to  the 
Commission  with  a  view  to  the  adoption  of  safeguard  measures  and  shall  provide  the 
Commission with the necessary information and notify it of the measures it intends to take as 
regards resident carriers. 

2. For the purposes of paragraph 1: 

- 'serious disturbance of the internal transport market in a given geographical area' means the 
occurrence  on  that  market  of  problems  specific  to  it,  such  that  there  is  a  serious  and 
potentially enduring excess of supply over demand, implying a threat to the financial stability 
and survival of a significant number of road passenger transport undertakings, 

- 'geographical area' means an area comprising part or all of the territory of a Member State or 
including part or all of the territory of other Member States. 

3. The Commission shall examine the situation and, after consulting the advisory committee 
referred  to  in  Article  10,  shall  decide  within  one  month  of  receipt  of  the  relevant  Member 
State's request whether or not safeguard measures are necessary and shall adopt them if they 
are necessary. 

The measures introduced in accordance with this Article shall remain in force for a period not 
exceeding six months, renewable once for the same period. 

The  Commission  shall  without  delay  notify  the  Member  States  and  the  Council  of  any 
decision taken pursuant to this paragraph. 

4.  If  the  Commission  decides  to  take  safeguard  measures  concerning  one  or  more  Member 
States,  the  competent  authorities  of  the  Member  States  involved  shall  be  required  to  take 
measures of equivalent scope in respect of resident carriers and shall inform the Commission 
thereof. 

These measures shall be implemented no later than the same date as the safeguard measures 
decided on by the Commission. 

5. Each Member State may refer a Commission decision as referred to in paragraph 3 to the 
Council within 30 days of its notification. 

The Council, acting by a qualified majority within 30 days of referral by a Member State or, if 
there are referrals by more than one Member State, of the first referral, may take a different 
decision. 

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The limits of validity laid down in the second subparagraph of paragraph 3 shall apply to the 
Council's decision. 

The competent authorities of the Member States concerned shall be bound to take measures of 
equivalent scope in respect of resident carriers and shall inform the Commission thereof. 

If the Council takes no decision within the period laid down in the second subparagraph, the 
Commission decision shall become final. 

6. Where the Commission considers that the measures referred to in paragraph 3 need to be 
prolonged, it shall submit a proposal to the Council, which shall take a decision by qualified 
majority. 

(cid:208) 684/92 (adapted) 

SECTION V CHAPTER VI 

Controls and penalties ⌦ sanctions ⌫ 

Article 1814 
Transport tickets 

1.  Passengers  using  ⌦ Carriers  operating ⌫  a  regular  service,  excluding  special  regular 
services,  shall  throughout  their  journey  possess  ⌦ issue ⌫  transport  tickets,  either 
individual or collective, which indicate: 

(a) 

(b) 

the points of departure and destination and, where appropriate, the return journey; 

the period of validity of the ticket; 

(c) 

the price of transport. 

(cid:208) 11/98 Art. 1.15 

(cid:208) 684/92 (adapted) 

2.  The  transport  ticket  provided  for  in  paragraph  1  shall  be  presented  at  the  request  of  any 
authorised inspecting officer. 

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Article 1915 
Inspections on the road and in undertakings 

1. The authorisation or control document shall be carried on the vehicle and shall be presented 
at the request of any authorised inspecting officer. 

In the case of the services covered by Article 4 (2), the contract or a certified true copy of it 
shall serve as a control document. 

2.  Carriers  operating  coaches  and  buses  in  international  passenger  transport  shall  allow  all 
inspections intended to ensure that operations are being conducted correctly, in particular as 
regards  driving  and  rest  periods.  In  the  context  of  ⌦ the ⌫  implementation  of  this 
Regulation, authorised inspecting officers shall be empowered to: 

(a) 

(b) 

(c) 

(d) 

check  the  books  and  other  documentation  relating  to  the  operation  of  the  transport 
undertaking; 

make copies of, or take extracts from, the books and documentation on the premises; 

have access to all the transport undertaking's premises, sites and vehicles; 

require the production of any information contained in books, documentation or data 
bases. 

(cid:208) 12/98 (adapted) 
(cid:214) new 

Article 2011 
⌦ Mutual assistance ⌫ 

1. Member States shall assist one another in applying this Regulation. (cid:214) They shall exchange 
information  via  the  national  contact  points  established  pursuant  to  Article  17  of  Regulation 
(EC) No. xx/xxxx [admission to the occupation].  

(cid:208) 684/92 Art. 16 (5) 

Member  States  shall  on  request  provide  each  other  with  any  relevant  information  in  their 
possession concerning: 

– 

– 

breaches  of  this  Regulation  and  of  any  other  Community  rules  applicable  to  the 
international carriage of passengers by coach and bus committed in their territory by 
a carrier from another Member State, and the penalties imposed, 

the penalties imposed on their own carriers in respect of breaches committed in the 
territory of another Member State. 

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(cid:208) 11/98 Art. 1.16 (adapted) 
(cid:214) new 

Article 2116 
Penalties and mutual assistance 
⌦ Withdrawal of Community licences and authorisations ⌫ 

1.  The  competent  authorities  of  the  Member  State  where  the  carrier  is  established  shall 
withdraw the Community licence provided for in Article 3a4 where the holder: 

(a) 

(b) 

no longer meets the conditions laid down in Article 3 (1),; 

has supplied inaccurate information concerning the data which were required for the 
issue of the Community licence. 

2. The authorising authority shall withdraw an authorisation if the holder no longer fulfils the 
conditions  on  the  basis  of  which  the  authorisation  was  issued  under  this  Regulation,  in 
particular  where  the  Member  State  in  which  the  carrier  is  established  so  requests.  The 
authority shall immediately inform the competent authorities of the Member State concerned. 

Article 22 
⌦ Sanctioning of infringements by Member State of establishment ⌫ 

1.3.  In  the  case  ⌦ event ⌫  of  a  serious  breach  ⌦ infringement ⌫  or  repeated  minor 
breaches  ⌦ infringements ⌫  of  road  safety  regulations  (cid:214) Community  road  transport 
legislation committed or ascertained in any Member State , in particular with regard to the 
rules  applicable  to  vehicles,  driving  and  rest  periods  for  drivers  and  the  provision  without 
authorisation  of  parallel  or  temporary  services,  as  referred  to  in  Article  2  (1.3)  5(1),  fourth 
subparagraph, the competent authorities of the Member State of establishment of the carrier 
who  committed  the  breach  ⌦ infringement ⌫  (cid:214) shall  issue  a  warning  and   may,  inter 
alia,  withdraw  the  Community  licence  or  make  (cid:214) impose  the  following  administrative 
sanctions:  

(a) 

temporary and/or partial withdrawals ⌦ or permanent withdrawal of some or all ⌫ 
of the certified true copies of the Community licence; 

(b)  ⌦ temporary or permanent withdrawal of the Community licence ⌫. 

These  penalties  ⌦ sanctions ⌫  shall  be  determined  in  accordance  with  ⌦ having  regard 
to ⌫  the  seriousness  of  the  breach  ⌦ infringement ⌫  committed  by  the  holder  of  the 
Community licence and with ⌦ having regard to ⌫ the total number of certified true copies 
that he possesses in respect of his international trade ⌦ transport services ⌫ . 

2.4. The competent authorities of the Member States shall prohibit a carrier from operating on 
their  territory  an  international  passenger  service  under  this  Regulation  ⌦ on  their 
territory ⌫  if  he  repeatedly  commits  serious  breaches  ⌦ infringements ⌫  of  the 
regulations governing road safety ⌦ Community road transport legislation ⌫, in particular 
with regard to the rules applicable to vehicles and driving and rest periods for drivers. They 
shall immediately inform the competent authorities of the Member State concerned. 

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(cid:216) new 

3. In the case referred to in Article 23 (1) the competent authorities of the Member State of 
establishment shall decide whether a sanction shall be imposed on the carrier concerned. They 
shall  communicate  to  the  competent  authorities  of  the  Member  State  in  which  the 
infringements were ascertained as soon as possible and at the latest within three months from 
receiving knowledge of the infringement which of the sanctions provided for in paragraphs 1 
and 2 have been imposed. If it has not been possible to impose such sanctions, they shall state 
the reasons. 

4. The authorities shall take into account any sanction already imposed in the other Member 
State  and  ensure  that  the  sanctions  imposed  on  the  carrier  concerned  are,  as  a  whole, 
proportionate to the infringement or infringements which gave rise to such sanctions. 

The  sanction  imposed  by  the  competent  authorities  of  the  Member  State  of  establishment, 
after consulting the competent authorities of the host Member State in the case referred to in 
Article 23 (1) may include the withdrawal of authorisation to pursue the occupation of road 
transport operator. 

5. The competent authorities of the Member State of establishment may also, pursuant to its 
national  law,  bring  proceedings  against  the  carrier  concerned  before  a  competent  national 
court  or  tribunal.  It  shall  inform  the  competent  authorities  of  the  host  Member  State  of  the 
decisions taken pursuant to this paragraph. 

6.  Member  States  shall  ensure  that  hauliers  may  appeal  to  the  courts  against  any 
administrative sanction imposed on them pursuant to this Article. 

(cid:208) 11/98 Art. 1.16 

5. Member States shall on request provide each other with any relevant information in their 
possession concerning: 

– 

– 

breaches  of  this  Regulation  and  of  any  other  Community  rules  applicable  to  the 
international carriage of passengers by coach and bus committed in their territory by 
a carrier from another Member State, and the penalties imposed, 

the penalties imposed on their own carriers in respect of breaches committed in the 
territory of another Member State. 

(cid:216) new 

Article 23 
Sanctioning of infringements by host Member State 

1. Where the competent authorities of a Member State are aware of a serious infringement or 
of repeated minor infringements of this Regulation or of Community road transport legislation 

EN 

43 

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attributable to a carrier from another Member State, the Member State within the territory of 
which  the  infringement  is  ascertained  shall  transmit  to  the  competent  authorities  of  the 
Member  State  of  establishment  as  soon  as  possible  but  at  the  latest  within  one  month  from 
receiving knowledge of the infringement the following information: 

(a) 

(b) 

(c) 

a description of the infringement and date, time when it was committed; 

the category, type and seriousness of the infringement; 

the penalties imposed and the penalties executed. 

The competent authorities of the host Member State may request the competent authorities of 
the Member State of establishment to impose administrative sanctions in accordance with this 
Regulation. 

(cid:208) 12/98 (adapted) 
(cid:214) new 

2.  Without  prejudice  to  criminal  prosecution,  the  host  Member  State  may  impose  penalties 
⌦ sanctions ⌫  on  non-resident  carriers  who  have  committed  infringements  of  this 
Regulation  or  of  Community  or  national  transport  regulations  within  its  territory  on  the 
occasion of a cabotage transport operation. The penalties ⌦ sanctions ⌫ shall be imposed 
on a non-discriminatory basis and in accordance with paragraph 3.3. The penalties referred to 
in  paragraph  2  may,  inter  alia,  consist  of  a  warning ⌦ and/ ⌫or,  in  the  event  of ⌦ a ⌫ 
serious  ⌦ infringement ⌫  or  repeated  ⌦ minor ⌫  infringements,  a  temporary  ban  on 
cabotage  transport  operations  within  the  territory  of  the  host  Member  State  where  the 
infringement was committed. 

(cid:214) 3.  Member  States  shall  ensure  that  hauliers  may  appeal  to  the  courts  against  any 
administrative sanction imposed on them pursuant to this Article.  

Where  a  falsified  Community  licence,  falsified  authorization  or  falsified  certified  true  copy 
thereof  is  produced,  the  falsified  document  shall  be  withdrawn  immediately  and,  where 
appropriate, forwarded as soon as possible to the competent authority of the carrier's Member 
State of establishment. 

4. The competent authorities of the host Member State shall inform the competent authorities 
of  the  Member  State  of  establishment  of  the  infringements  recorded  and  any  penalties 
imposed on the carrier and may, in the event of serious or repeated infringements, at the same 
time transmit a request that a penalty be imposed. 

In  the  event  of  serious  or  repeated  infringements,  the  competent  authorities  of  the  Member 
State of establishment shall decide whether an appropriate penalty should be imposed on the 
carrier concerned; these authorities shall take into account any penalty already imposed in the 
host Member State and ensure that the penalties already imposed on the carrier concerned are, 
as  a  whole,  proportional  to  the  infringements  or  infringements  which  gave  rise  to  such 
penalties. 

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44 

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The penalty imposed by the competent authorities of the Member State of establishment, after 
consulting the competent authorities of the host Member State, may extend to withdrawal of 
authorization to pursue the occupation of road passenger transport operator. 

The  competent  authorities  of  the  Member  State  of  establishment  may  also,  pursuant  to  its 
national law, arraign the carrier concerned before a competent national court or tribunal. 

They shall inform the competent authorities of the host Member State of the decisions taken 
pursuant to this paragraph. 

Member States shall ensure that carriers may appeal to the courts against any administrative 
penalty imposed on them. 

Article 12 

(cid:216) new 

Article 24 
Entry in national register  

Member  States  shall  ensure  that  serious  infringements  or  repeated  minor  infringements  of 
Community  road  transport  legislation  committed  by  carriers  established  in  their  territory 
which have led to the imposition of a sanction as well as the sanctions imposed are recorded 
in  the  national  register  of  road  transport  undertakings  as  established  under  Regulation  (EC) 
No  xx/xxxx  [admission  to  the  occupation].  Those  entries  in  the  registry  which  concern  a 
temporary or permanent withdrawal of a Community licence shall remain in the database for 
at least two years. 

(cid:208) 11/98 Art. 1.17 (adapted) 

Article 16a 

Where  the  procedure  referred  to  in  this  Article  is  to  be  followed  the  Commission  shall  be 
assisted  by  the  advisory  committee  set  up  by  Council  Regulation  (EC)  No  12/98  of  11 
December  1997,  laying  down  the  conditions  under  which  non-resident  carriers  may  operate 
national  road  passenger  transport  services  within  a  Member  State21  and  chaired  by  the 
representative of the Commission. 

The representative of the Commission shall submit to the committee a draft of the measures to 
be taken. The committee shall deliver its opinion on the draft, within a time limit which the 
chairman may lay down according to the urgency of the matter, if necessary by taking a vote. 

21 

OJ No L 4, 8. 1. 1998, p. 10. 

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45 

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The opinion shall be recorded in the minutes; in addition, each Member State shall have the 
right to ask to have its position recorded in the minutes. 

The Commission shall take the utmost account of the opinion delivered by the committee. It 
shall inform the committee of the manner in which its opinion has been taken into account. 

(cid:208) 12/98 (adapted) 

Article 13  

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

2. The Commission shall report to the European Parliament and the Council by 31 December 
1999  at  the  latest  on  the  application  of  this  Regulation  and,  in  particular,  on  the  impact  of 
cabotage transport operations on national transport markets. 

Article 15  

This Regulation shall enter into force on the first day following that of its publication in the 
Official Journal of the European Communities. 

It shall apply from 11 June 1999. 

SECTION VI CHAPTER VII 

(cid:208) 684/92 (adapted) 

Transitional and final provisions ⌦ Implementation ⌫ 

Article 17 
Transitional provision 

Authorizations  for  services  existing  on  the  date  of  entry  into  force  of  this  Regulation  shall 
continue  to  be  valid  until  they  expire  insofar  as  the  services  in  question  remain  subject  to 
authorization. 

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Article 18 25 
Agreements between Member States 

1.  Member  States  may  conclude  bilateral  and  multilateral  agreements  on  the  further 
liberalization  of  the  services  covered  by  this  Regulation,  in  particular  as  regards  the 
authorisation system and the simplification or abolition of control documents. 

2. Member States shall inform the Commission of any agreements concluded under paragraph 
1. 

(cid:216) new 

Article 26 
Committee 

1.  The  Commission  is  assisted  by  the  committee  established  by  Article  18  (1),  of  Council 
Regulation (EEC) No 3821/8522. 

2. Where reference is made to this paragraph, Article 5a (1) to (4) and (5) (b), and Article 7 of 
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

The time limits laid down in Article 5a (3)(c), (4)(b) and (4)(e) of Decision 1999/468/EC shall 
be one month. 

(cid:208) 12/98 

Article 14  

Member  States  shall  adopt  in  good  time  the  laws,  regulations  and  administrative  provisions 
necessary  for  implementation  of  this  Regulation  and  shall  communicate  them  to  the 
Commission. 

(cid:208) 684/92 (adapted) 

Article 2719 
Implementation ⌦ Sanctions ⌫ 

Member  States  shall,  before  1  June  1992  and  after  consulting  the  Commission,  adopt  the 
measures necessary for the implementation of this Regulation and notify such measures to the 
Commission. 

22 

OJ L 370, 31.12.1985, p. 8. 

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(cid:208) 11/98 Art. 1.18 (adapted) 

Member States shall adopt measures relating in particular to the means of carrying out checks 
and the system of penalties ⌦ sanctions ⌫ applicable to infringements of the provisions of 
this  Regulation,  and  take  all  the  measures  necessary  to  ensure  that  those  penalties 
⌦ sanctions ⌫  are  applied.  The  penalties  ⌦ sanctions ⌫  thus  provided  for  shall  be 
effective, proportionate and dissuasive. Member States  shall notify  the relevant measures to 
the Commission within 12 months of the date on which this Regulation comes into force and 
shall  notify  any  subsequent  changes  as  soon  as  possible.  They  shall  ensure  that  all  such 
measures are applied without discrimination as to the nationality or place of establishment of 
the carrier. 

(cid:216) new 

Article 28 
Reporting 

1. By 31 January each year Member States shall communicate to the Commission the number 
of  authorisations  for  regular  services  issued  the  previous  year  and  of  the  total  numbers  of 
authorisations for regular services valid at the end of this reporting period. This information 
shall be given separately for each country of destination of the regular service. The Member 
States  shall  also  communicate  to  the  Commission  the  data  concerning  cabotage  transport 
operations, in the form of special regular services and occasional services, carried out during 
the reporting period by resident carriers. 

2. By 31 January each year the competent authorities in the host Member State shall send the 
Commission  statistics  on  the  number  of  authorisations  issued  for  cabotage  transport 
operations in the form of the regular services referred to in Article 15 (3). 

3.  The  measures  designed  to  amend  non-essential  elements  of  this  Regulation  by 
supplementing it relating to the format of the table to be used for the communication of these 
statistics shall be adopted in accordance with the regulatory procedure with scrutiny referred 
to in Article 26 (2). 

9.4. Member States shall inform the Commission no later than 31 January of every year of the 
number of carriers holding a Community licence as at 31 December of the previous year and 
of the number of certified true copies corresponding to the number of vehicles in circulation 
on that date. 

(cid:208) 11/98 Art. 1.3 (adapted) 

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(cid:208) 684/92 (adapted) 

Article 20 
Commission report and proposal 

1. Before 1 July 1995 the Commission shall report to the Council on the application of this 
Regulation. Before 1 January 1996 it shall submit to the Council a proposal for a Regulation 
on the simplification of procedures including — in the light of the report's conclusions — the 
abolition of authorizations. 

2.  Before  1  January  1997  the  Council  shall  act  by  qualified  majority  on  the  Commission 
proposal referred to in paragraph 1. 

Article 21 
Repeals 

1. Regulations No 117/66/EEC, (EEC) No 516/72 and (EEC) No 517/72 are hereby repealed. 

2. References to the Regulations repealed shall be taken as references to this Regulation. 

Article 22 
Entry into force and application 

This Regulation shall enter into force on the third day following that of its publication in the 
Official Journal of the European Communities. 

It shall apply from 1 June 1992. 

(cid:208) 

CHAPTER VIII 

Final provisions 

Article 29 
Repeals 

1. Regulations (EEC) 684/92 and (EC) 12/98 are repealed. 

2. References to the repealed Regulations shall be construed as references to this Regulation 
and shall be read in accordance with the correlation table in Annex II. 

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Article 30 
Entry into force and application 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

It shall apply from [date of application]. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President   

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(cid:208) 11/98 Art. 1, pt. 19 (adapted) 
(cid:206)1 1791/2006 Annex pt. 6(B)(3) 
(cid:206)2 Accession Act of 2003 
(cid:214) new 

ANNEX ⌦ I ⌫  

EUROPEAN COMMUNITY 

(a) 

(Heavy-duty, blue – dimension DIN A4⌦ Light blue, format DIN A4 synthetic paper, 150g/m2 or more ⌫) 

(First page of the licence) 

(Text in the official language(s) or one of the official languages of the 
Member State issuing the licence) 

Distinctive symbol of the Member State (1) 
issuing the licence 

Designation of the competent authority 
or body 

LICENCE No … 

(cid:214) CERTIFIED TRUE COPY No  

for the international carriage of passengers by coach and bus for hire or reward 

The holder of this licence (2) ………………………………………………………………………………. 

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

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

is authorised to carry out international carriage of passengers by road for hire or reward in the territory of the 
Community pursuant to the conditions laid down by Council Regulation (EEC) No 684/92 of 16 March 1992, as 
amended by Regulation (EC) No 11/98 ⌦ Regulation (EC) No …/… of the European Parliament and of the 
Council ⌫ and in accordance with the general provisions of this licence. 

Comments: …………………………………………………………………………………………….. 

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

This licence is valid from ……………………………….. to …………….……………………………. 

Issued in ……………………………………………….. on ………………………………………….. 

…………………………………………. 23 

(1) The distinguishing signs of the Member States are: (B) Belgium, (cid:206)1 (BG) Bulgaria,  (cid:206)2 (CZ) Czech Republic,  (DK) Denmark, 
(D) Germany, (cid:206)2 (EST) Estonia,  (IRL) Ireland, (GR) Greece, (E) Spain, (F) France, (I) Italy, (cid:206)2 (CY) Cyprus, (LV) Latvia, (LT) 
Lithuania,  (L) Luxembourg, (cid:206)2 (H) Hungary, (MT) Malta,  (NL) Netherlands, (A) Austria, (cid:206)2 (PL) Poland,  (P) Portugal, 
(cid:206)1 (RO) Romania,  (cid:206)2 (SLO) Slovenia, (SK) Slovakia,  (FIN) Finland, (S) Sweden, (UK) United Kingdom. (2) Full name or business 
name of the carrier 

23 

Signature and stamp of the competent authority or body issuing the licence. 

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(3) Signature and stamp of the competent authority or body issuing the licence 

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General provisions 

1. 

2. 

This licence is issued pursuant to Council Regulation (EEC) No 684/92 of 16 March 1992 on common 
rules for the international carriage of passengers by coach and bus, as amended by Regulation (EC) 
No 11/98 ⌦ (EC) No [.../…] of the European Parliament and of the Council ⌫ on common rules for 
the international carriage of passengers by coach and bus. 

This licence is issued by the competent authorities of the Member State of establishment of the carrier 
for hire or reward who: 

(a) 

(b) 

is authorised in the Member State of establishment to undertake carriage by means of regular 
services, including special regular services or occasional services by coach and bus; 

satisfies  the  conditions  laid  down  in  accordance  with  Community  rules  on  admission  to  the 
occupation of passenger transport operator in national and international transport operations; 

(c)  meets legal requirements on road safety as far as ⌦ regarding ⌫ the standards for drivers and 

vehicles are concerned. 

3. 

This licence permits the international carriage of passengers by coach and bus for hire or reward on all 
transport links for journeys carried out in the territory of the Community: 

(a) 

(b) 

where  the  place  of  departure  and  place  of  destination  are  situated  in  two  different  Member 
States, with or without transit through one or more Member States or third countries; 

from a Member State to a third country and vice versa, with or without transit through one or 
more Member States or third countries; 

(c) 

between third countries crossing the territory of one or more Member States in transit, 

and  empty  journeys  in  connection  with  transport  operations  under  the  conditions  laid  down  by 
Regulation (EEC) No 684/92 ⌦ (EC) No […/…] ⌫ . 

In the case of a transport operation from a Member State to a third country and vice versa, Regulation 
(EEC) No 684/92 ⌦ (EC) No [.../…] ⌫ , is applicable, for (cid:214) the part of the journey on the territory 
of Member States crossed in transit.  ⌦ It does not apply to that part of ⌫ the journey made in the 
territory  of  the  Member  State  of  picking  up  or  setting  down,  once  ⌦ as  long  as ⌫  the  necessary 
agreement between the Community and the third country in question ⌦ concerned ⌫ has ⌦ not ⌫ 
been concluded. 

This licence is personal and non-transferable. 

This licence may be withdrawn by the competent authority of the Member State of issue in particular 
where the carrier: 

(a) 

(b) 

(c) 

no  longer  meets  the  conditions  laid  down  in  Article  3(1)  of  Regulation  (EEC)  No 
684/92 ⌦ (EC) No [.../…]; ⌫ 

has supplied inaccurate information regarding the data required for the issue or renewal of the 
licence; 

has  committed  a  serious  breach  ⌦ infringement ⌫  or 
repeated  minor  breaches 
⌦ infringements ⌫  of  road  safety  regulations  (cid:214) Community  road  transport  legislation  in 
any Member State  , in particular with regard to the rules applicable to vehicles, driving and 
rest  periods  for  drivers  and  the  provision,  without  authorisation,  of  parallel  or  temporary 
services  as  referred  to  in  Article  2(1.3)  5(1),  third  subparagraph,  of  Regulation  (EEC)  No 
684/92 ⌦ (EC)  No  […/…] ⌫  .  The  competent  authorities  of  the  Member  State  of 
establishment  of  the  carrier  who  committed  the  breach  ⌦ infringement ⌫  may,  inter  alia, 

4. 

5. 

EN 

53 

   EN 

 
6. 

7. 

8. 

9. 

withdraw  the  Community  licence  or  make  temporary  and/or  partial  ⌦ or  permanent ⌫ 
withdrawals of ⌦ some or all of ⌫ the certified true copies of the Community licence. 

These  penalties  are  determined  in  accordance  with  the  seriousness  of  the  breach  committed  by  the 
holder of the Community licence and with the total number of certified true copies that he possesses in 
respect of his international trade ⌦ transport services ⌫ . 

The original of the licence must be kept by the carrier. A certified true copy of the licence must be 
carried on the vehicle carrying out an international transport operation. 

This licence must be presented at the request of any inspecting officer. 

The  holder  must,  on  the  territory  of  each  Member  State,  comply  with  the  laws,  regulations  and 
administrative measures in force in that State, particularly with regard to transport and traffic. 

“Regular services” means services which provide for the carriage of passengers at specified intervals 
along  specified  routes,  passengers  being  taken  up  and  set  down  at  predetermined  stopping  points 
⌦, and which are ⌫ open to all, subject, where appropriate, to compulsory reservation. 

The  regular  nature  of  the  service  shall  not  be  affected  by  any  adjustment  to  the  service  operating 
conditions. 

Regular services require authorisation. 

“Special  regular  services”  means  regular  services  which  provide  for  the  carriage  of  specified 
categories  of  passengers,  to  the  exclusion  of  other  passengers,  at  specified  intervals  along  specified 
routes, passengers being taken up and set down at predetermined stopping points. 

Special regular services shall include: 

(a) 

the carriage of workers between home and work; 

(b) 

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

(c) 

the carriage of soldiers and their families between their homes and the area of their barracks. 

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

Special  regular  services  do  not  require  authorisation  if  they  are  covered  by  a  contract  between  the 
organiser and the carrier. 

The  organisation  of  parallel  or  temporary  services,  serving  the  same  public  as  existing  regular 
services, requires authorisation. 

“Occasional  services”  means  services  which  do  not  fall  within  the  definition  of  regular  services, 
including special regular services, and whose main characteristic is that they carry groups constituted 
on  the  initiative  of  a  customer  or  of  the  carrier  himself.  The  organisation  of  parallel  or  temporary 
services  comparable  to  existing  regular  services  and  serving  the  same  public  as  the  latter  shall  be 
subject to authorisation in accordance with the procedure with the procedure laid down in Section II 
Chapter III of Regulation (EEC) No 684/92 ⌦ (EC) No [.../…] ⌫. These services shall not cease to 
be occasional services solely because they are provided at certain intervals. 

Occasional services do not require authorisation. 

EN 

54 

   EN 

 
(cid:207) 

ANNEX II 

CORRELATION TABLE 

Regulation 684/92 

Regulation 12/98 

This Regulation 

Article 1 (1) 

- 

Article 2 point 1.1. 

Article 2 point 1.2. 

Article 2 point 1.3. 

Article 2 point 3.1. 

Article 2 point 3.3. 

Article 2 point 3.4. 

Article 2 point 4. 

- 

Article 3 

Article 3a 

Article 4 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 1 (1) amended 

Article 1 (4) new 

Article 2 (a), Article 5 (1) 

Article 2 (b), Article 5 (2) 

Article 5 (3) 

Article 2 (c), Article 5 (3) 

Article 5 (3) 

Article 5 (3) 

Article 2 (d), Article 5 (5) 

Article 2 point 4. new 

Article 3 amended, Article 28 

Article 4 

Article 5 amended 

Article 6 

Article 7 

Article 8 amended 

Article 9 

Article 10 amended 

Article 11 

Article 12 

Article 13 

EN 

55 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 13 

Article 14 

Article 15 

Article 16 (1) 

Article 16 (2) 

Article 16 (3) 

Article 16 (4) 

Article 16 (5) 

Article 1 

Article 2 

Article 3 

Article 4 (1) 

Article 4 (2) 

Article 4 (3) 

Article 4 (4) 

Article 4 (5) 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 5 (5) amended 

Article 14 amended 

Article 2, Article 5 

Article 15 

Article 16 (1) amended 

Article 16 (2) 

Article 16 (3) 

Article 16 (4) 

- 

Article 4 (3) 

Article 17 

Article 27 (3) amended 

Article 26 amended 

- 

Article 10 

Article 26 amended 

Article 18 amended 

Article 12, Article 19 

Article 11 (1) 

Article 20 (1) amended 

Article 21 (1) 

Article 21 (2) 

Article 22 (1) amended 

Article 22 (2) amended 

Article 24 

Article 23 (1) new 

Article 23 (2) 

Article 23 (2) 

Article 11 (2) 

Article 11 (3) 

EN 

56 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Article 11 (4) 

- 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16a 

Article 17 

Article 18 

Article 19 

Article 21 

Article 22 

Annex I 

Article 22, Article 23 

- 

- 

- 

Article 25 

Article 27 

Article 29 

Article 30 

Annex I 

Annex II new 

EN 

57 

   EN