Opinion of the European Economic and Social Committee on the Proposal for a regulation of the European Parliament and of the Council on common rules for access to the market for coach and bus services (Recast) COM(2007) 264 final — 2007/0097 (COD)
Date: 2007-09-26
Institutions: European Economic and Social Committee
Subjects: bus, carriage of passengers, market access, road transport, simplification of legislation, transport licence, transport market

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5.6
Reductions of coal mining areas in the context of
regional planning as well as over burdening by the environment
protection regulations have in the past often resulted in unne-
cessary delays and additional burdens for the mines. The loca-
tion of reserves and the mobility of the mining operation when
extracting raw materials
in
comparison with other industrial sectors. This special situation
is to be taken into account especially when creating the legal
framework on environmental issues, for instance waste legisla-
tion, soil protection legislation and water legislation.

in particular challenges

result

5.7
The EESC also expresses a thought that the Commission
in this document and its time setting is optimistic on the CCS
time-frame and its lead-in time requirements. Although princi-
ples are known, a technology solution would require fairly

Brussels, 27 September 2007.

longer time and no breakthrough achievement can be expected
to offset steady and intensive work on the implementation of
this concept. The Commission should now focus on measures
to help 10-12 demonstration plants to be operated in 2015 and
to create a framework for CCS that covers the main risks, is reli-
able and, at the same time, not too restrictive. Intermediate
stage of higher efficiency generation is highly desirable and any
excessive haste and too restrictive regulatory framework could
seriously damage this important concept.

5.8
The EESC also calls for intensive research and develop-
ment as regards the renewable and alternative energy sources
that should contribute towards a safe EU energy mix. Simulta-
the integrated EU energy market should be fully
neously,
brought into life without any excessive delay.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

Opinion of the European Economic and Social Committee on the ‘Proposal for a regulation of the
European Parliament and of the Council on common rules for access to the market for coach and
bus services (Recast)’

COM(2007) 264 final — 2007/0097 (COD)

(2008/C 10/11)

On 16 July 2007, the Council decided to consult the European Economic and Social Committee, under
Article 175(1) of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee's work on the subject, adopted its opinion on 5 September 2007. The rapporteur
was Mr Allen.

At its 438th plenary session, held on 26 and 27 September 2007 (meeting of 26 September 2007), the
European Economic and Social Committee adopted the following opinion by 150 votes to 1 with 3 absten-
tions.

1. Conclusions and Recommendations

1.4
The committee commends this proposal as it comes
under the ‘Better Regulation’ programme and is in conformity
with the commitment to simplify and update the acquis.

1.1
The committee welcomes the proposed new regulation.
The adoption of this proposal will lead to the repeal of Regu-
lation No 684/92 and Regulation No 12/98.

1.5

The EESC recommends that:

1.2
The safety of passengers must be the absolute priority,
also in the case of Bus and Coach services. All other matters
must be considered as of lesser importance.

1.5.1
Further clarification be given to the statement ‘serious
infringement or repeated minor infringements of community
road transport legislation’. What constitutes a minor infringe-
ment? How many minor infringements will lead to an adminis-
trative penalty?

1.3
The new regulation should contribute to road safety due
to a stricter monitoring of international bus and coach services
which operate in several Member States.

1.5.2
serious infringements.

It is also necessary to make a list of what constitutes

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1.5.3
The principle of subsidiarity must not be used as a
means to discriminate against non-resident carriers and this
proposal should incorporate greater safeguards in this regard.

For the purposes of this Regulation, the following defini-

3.2
tions will apply:

1.5.4
It must be a priority to establish an EU wide data base
so that so that licence details and related information can be
verified and to facilitate the exchange of information.

1.5.5
Under Article 23(3) a special appeal system should be
available to a carrier where a host Member State imposes an
administrative sanction on the occasion of a cabotage transport
operation. This to be without prejudice to a criminal prosecu-
tion.

3.2.1
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 predeter-
mined stopping points. This service must have an authorisation
from their home Member State within which the carrier is estab-
lished and the vehicle(s) are registered. 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.

3.2.2
Special regular services means regular services, which
provides for the carriages of specified categories of passengers
to the exclusion of other passengers. These shall include

2. Introduction

a) the carriage of workers between home and work;

Directive 96/26/EC on admission to the occupation of
2.1
road transport operator together with Regulations (EEC) No
684/92 and (EC) No 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.

b) carriage to and from the educational institution for school

pupils and students.

No authorisation (route licence) is necessary for this service if
they are covered by a contract concluded between the organiser
and the carrier.

2.2
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 inter-
national regular passenger services as well as allowed cabotage
services in the course of such international services.

2.3
These rules now ought to be made consistent with the
new legal framework stemming from the regulation of 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.

Carriers engaged in the international carriage of passen-
2.4
gers by coach and bus must hold an International Road
Passenger Transport Operators Licence issued by the competent
authority of the Member State where the carrier is established,
unless otherwise exempted.

2.5
Regulation No 684/92 opens the access to the market of
international carriage of passengers by coach and bus while
Regulation No 12/98 lays down the conditions for non-resident
carriers to operate services within a Member State.

3. Summary of the Proposal

Occasional services means services which do not fall
3.2.3
including special
regular
within the definition of
regular services and whose main characteristic is that they carry
groups of passengers constituted on the initiative of
the
customer or the carrier. This service does not require authorisa-
tion (route licence).

services,

3.2.4
Own account transport operations are those carried on
by an undertaking for its own employees or by a non-profit
making body for the transport of its members in connection
with its social activities provided that

a) the transport activity is only an ancillary activity for the

undertaking or body;

b) the vehicles used are the property of the undertaking or
body or have been the subject of a long-term leasing or
contract and are driven by a member of the staff of the
undertaking or body.

It is exempt from any system or authorisation but subject to a
system of certificates issued by the competent authorities of the
Member State in which the vehicle is registered.

3.2.5
Cabotage is the operation of National road Transport
Services when being operated by a non-resident carrier on a
temporary basis.

3.1
The Proposal aims at revising and consolidation Regula-
tions No 684/92 and Regulation No 12/98 on the access to the
market for coach and bus services. It clarifies the existing legal
provisions and modifies them on certain aspects to strengthen
overall consistency and reduce administrative burdens.

3.2.6
the following services;

Cabotage transport operations shall be authorised for

a) special regular services provided they are covered by a

contract between the organiser and the carrier;

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b) occasional services;

c) regular services, performed by a carrier not resident in the
host Member State in the course of a regular international
service in accordance with this regulation. Excluding Urban
and surrounding areas. Cabotage transport shall not be
preformed independently of such international service.

The national
laws and regulations shall be applied by the
Member States to non resident carriers under the same condi-
tions as are imposed on their own nationals.

4. General Comments

Article 8 simplifies the procedure for obtaining authori-
4.1
sation (route licence). In relation to market access there will be
only one ground for refusal, namely that the service applied for
would seriously affect the viability of a comparable service oper-
ated under a public service obligation on the direct sections
concerned. This is reasonable.

4.2
Transit countries where no passengers are picked up or
set down will not be consulted but will be informed once the
service has been authorised. This will improve the efficiency of
the system.

4.3
The principle of subsidiarity applies as the proposal does
not fall within the exclusive competence of the Community.
However, safeguards are essential to ensure that non-resident
carriers are not subject to discrimination.

Further clarification is needed as regards Article 18(2).

4.4
Which deals with Transport tickets.

The operator must provide Transport Tickets either indi-
4.5
vidual or collective. If,
in the event of an inspection by an
authorised inspecting officer, (and tickets having previously been
issued by the operator) passenger(s) are not in possession of a
valid ticket(s), then the operator cannot be held responsible for

Brussels, 26 September 2007.

this situation. Once tickets have been issued then passengers
must henceforth be responsible for presenting tickets to an
authorised inspecting officer.

5. Specific comments

In general terms this proposal achieves the objectives set

5.1
by the Commission.

5.2
The issues surrounding infringements both serious and
minor and the administrative sanctions that may apply needs
further clarification. The nature and type of infringements that
into the various categories, needs to be defined and be
fall
consistent throughout the Community.

5.3
In the case of serious infringements or repeated minor
infringements the host Member State can request the member
issued the International Transport Licence to impose
that
administrative sanctions on the Licence holder — (such as
temporary or permanent withdrawal of some or all of the certi-
fied copies of the licence or temporary or permanent with-
drawal of the licence). This is without prejudice to any criminal
prosecution in the host Member State.

5.4 While reference is made to an appeals system where
sanctions are imposed or where authorisations are refused such
appeals must be seen by all parties to be fair and non-discrimi-
natory.

5.5
An EU-wide data base must be established to facilitate
the fast and efficient exchange of information between Member
States as regards bus and coach operations. In addition when a
vehicle is inspected by an authorised officer,
it should be
possible to key in the number of the International Transport
Licence (Community Licence) and immediately obtain all rele-
vant information to verify the validity of the licence.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS