Communication from the Commission to the European Parliament pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Regulation of the European Parliament and the Council on common rules for access to the market for coach and bus services (recast)
Date: 2009-01-12
Institutions: European Commission
Subjects: bus, carriage of passengers, market access, road transport, simplification of legislation, transport licence, transport market

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.1.2009 
COM(2008) 913 final 

2007/0097 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty 

concerning the 

common position of the Council on the adoption of a regulation of the European 
Parliament and the Council on common rules for access to the market for coach and bus 
services (recast) 

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2007/0097 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to the second subparagraph of Article 251 (2) of the EC Treaty 

concerning the 

common position of the Council on the adoption of a regulation of the European 
Parliament and the Council on common rules for access to the market for coach and bus 
services (recast) 

1. 

BACKGROUND 

Date of transmission of the proposal to the EP and the Council 
(document COM(2007)264 final – 2007/0097 COD): 

23 May 2007. 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

26 September 2007. 

Date of the opinion of the European Parliament, first reading: 

5 June 2008. 

Date of transmission of the amended proposal: 

Date of adoption of the common position: 

13 June 2008. 

9.1.2009 

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

The  objective  of  the  proposal  adopted  by  the  Commission  on  23  May  2007  is  to  establish 
common rules on the access to the market for coach and bus services. The proposal replaces 
two  regulations  currently  applicable.  One  of  the  principal  objectives  is  to  simplify  the 
authorisation procedure for international regular passenger services. 

3. 

COMMENTS ON THE COMMON POSITION 

3.1. General comments on the common position 

The common position follows in general the proposal of the Commission and integrates some 
of  the  amendments  of  the  European  Parliaments  first  reading.  The  proposal  did  not  lead  to 
controversial discussions and many changes in the text are of technical nature. 

3.2. Detailed Commission comments  

As the Parliament has proposed in its first reading (see amendments 2, 3, 4, 8, 16, 20, 21, 22, 
25),  the  common  position  deletes  the  references  to  "repeated  minor  infringements".  The 
Commission  can  accept  this  stepwise  approach  on  the  registers.  In  the  common  position  as 
well as in the first reading of the Parliament, the reference to working time as mandatory rules 

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applicable  to  cabotage  has  been  deleted  (amendment  14);  the  Commission  can  accept  this 
proposal. 

The other amendments of the Parliament were not included in the common position. This is 
due in part also to the short time limit between the adoption of the first reading (5 June 2008) 
and the political agreement (13 June 2008).  

Of  these  amendments  which  have  not  been  included  in  the  common  position,  would  have 
been  acceptable  or  acceptable  in  principle  for  the  Commission  among  others  those  on  the 
duration of the application procedure (7), on the journey form (11, 12) or on the possibility to 
impose  fines  (17,  21).  The  Commission  could  also  accept  in  principle  and  with  a 
reformulation in order not to put into question the road safety, the amendments concerning the 
reintroduction of the "12 days rule" in the legislation on driving and rest times1. 

Other amendments which were not acceptable or not acceptable in the proposed wording for 
the Commission have not been included in the common position: 

–  on  the  introduction  of  a  differentiation  between  different  kinds  of  international  regular 

passenger services (amendment 6); 

–  the  deletion  of  the  possibility  for  the  Member  State  to  suspend  or  to  withdraw  an 

authorisation in case it seriously affects the viability of a public service contract (9); 

–  the widening of the permission of local excursion (13); 

–  the reference to the posting of workers directive as rules applicable to cabotage (15). 

The new elements introduced by the common position concern in particular: 

–  the introduction of a definition of international carriage (article 2 paragraph aa); 

–  a change in the definition of cabotage for regular services (article 2 paragraph e); 

–  the period of validity of licence (article 4 paragraph 4); 

–  the request that Member States shall set up non-discriminatory criteria when they evaluate 
the  viability  of  a  public  service  contract  during  the  authorisation  procedure  for 
international regular services (article 8 paragraph 4 subparagraph d); 

–  the  introduction  of  a  new  reason  not  to  grant  an  authorisation  for  international  regular 
services, notably when it is established that the principal purpose of the service is not to 
carry passengers between stops located in different Member States (article 8 paragraph 4 
subparagraph e); 

–  the inclusion of security features for the licence and the certified true copies (Annex I). 

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Regulation (EC) no 561/2006 of the European Parliament and of the Council of 15 March 2006 on the 
harmonisation of certain social legislation relating to road transport and amending Council Regulations 
(EEC)  No  3821/85  and  (EC)  No  2135/98  and  repealing  Council  Regulation  (EEC)  No  3820/85,  OJ 
L102/1, 11.04.2006 

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4. 

CONCLUSION 

The Council adopted its common position by qualified majority. The Commission considers 
that  the  common  position  reflects  the  main  objectives  of  its  proposal  and  can  therefore 
support it. 

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