Proposal for a COUNCIL DECISION on the position to be taken by the European Union in the EEA Joint Committeeconcerning an amendment to Annex XIII (Transport)
Date: 2012-02-10
Institutions: European Commission
Subjects: European Economic Area, bus, carriage of goods, carriage of passengers, carrier, international road transport, market access, recognition of vocational training qualifications, revision of an agreement, transport licence

EUROPEAN COMMISSION 

Brussels, 10.2.2012  
COM(2012) 43 final 

2012/0009 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the EEA Joint Committee 
concerning an amendment to Annex XIII (Transport) 

 
 
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

In  order  to  ensure  the  requisite  legal  security  and  homogeneity  of  the  Internal  Market,  the 
EEA  Joint  Committee  is  to  integrate  all  the  relevant  Union  legislation  into  the  EEA 
Agreement as soon as possible after its adoption. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) 
aims to amend Annex XIII (transport) by adding new Union acquis in this field. This concerns  

(a) 

(b) 

(c) 

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 
October  2009  establishing  common  rules  concerning  the  conditions  to  be  complied 
with to pursue the occupation of road transport operator, 

Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 
October 2009 on common rules for access to the international road haulage market 
(recast), and 

Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 
October 2009 on common rules for access to the international market for coach and 
bus services. 

which are to be incorporated into the Agreement.  

For  the  purpose  of  the  implementation  of  these  acts,  certain  adaptations  are  proposed  e.g. 
concerning mutual recognition of certificates and licences and model forms are annexed to the 
draft EEA Joint Committee Decision. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Article  1(3)  of  Council  Regulation  (EC)  No  2894/94  concerning  arrangements  for 
implementing  the  EEA  Agreement  provides  that  the  Council  establishes  the  position  to  be 
adopted on the Union’s behalf on such Decisions, on a proposal from the Commission. 

The Commission submits the Draft Decision of the EEA Joint Committee for adoption by the 
Council as the Union’s position. The Commission would hope to be able to present it in the 
EEA Joint Committee at the earliest possible opportunity. 

EN 

1 

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2012/0009 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the European Union in the EEA Joint Committee 
concerning an amendment to Annex XIII (Transport) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 91(1) and 218 (9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

1 
2 
3 
4 
5 

Annex  XIII  to  the  Agreement  on  the  European  Economic  Area,  ("the  EEA 
Agreement") contains specific provisions and arrangements concerning transport. 

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 
October  2009  establishing  common  rules  concerning  the  conditions  to  be  complied 
with  to  pursue  the  occupation  of  road  transport  operator  and  repealing  Council 
Directive 96/26/EC1 should be incorporated into the Agreement. 

Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 
October 2009 on common rules for access to the international road haulage market 
(recast)2 should be incorporated into the Agreement. 

Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 
October 2009 on common rules for access to the international market for coach and 
bus  services,  and  amending  Regulation  (EC)  No  561/20063  should  be  incorporated 
into the Agreement. 

Council Directive 96/26/EC4, which is incorporated into the Agreement, is repealed 
by  Regulation  (EC)  No  1071/2009  while  it  should  continue  to  apply  until  and 
consequently be repealed under the Agreement  with  effect from  4  December  2011, 
when Regulation (EC) No 1071/2009 will become applicable. 

Council Regulations (EEC) Nos 881/925 and 3118/936 and Directive 2006/94/EC of 
the  European  Parliament  and  of  the  Council7,  which  are  incorporated  into  the 

OJ L 300, 14.11.2009, p. 51. 
OJ L 300, 14.11.2009, p. 72. 
OJ L 300, 14.11.2009, p. 88. 
OJ L 124, 23.5.1996, p. 1. 
OJ L 95, 9.4.1992, p. 1. 

EN 

2 

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Agreement,  are  repealed  by  Regulation  (EC)  No  1072/2009  while  they  should 
continue  to  apply  until  and  consequently  be  repealed  under  the  Agreement  with 
effect  from  4  December  2011,  when  Regulation  (EC)  No  1072/2009  will  become 
fully applicable. 

Council Regulations (EEC) No 684/928 and (EC) No 12/989, which are incorporated 
into  the  Agreement,  are  repealed  by  Regulation  (EC)  No  1073/2009  while  they 
should  continue  to  apply  until  and  consequently  be  repealed  under  the  Agreement 
with  effect  from  4  December  2011,  when  Regulation  (EC)  No  1073/2009  will 
become fully applicable, 

Annex XIII to the EEA Agreement should therefore be amended accordingly. 

The position of the Union within the EEA Joint Committee should be based on the 
attached draft Decision 

(7) 

(8) 

(9) 

HAS ADOPTED THIS DECISION:  

Article1 

The  position  to  be  taken  by  the  Union  within  the  EEA  Joint  Committee  on  the  proposed 
amendment to Annex XIII to the EEA Agreement shall be based on the draft Decision of the 
EEA Joint Committee attached to this Decision. 

Article 2 

This Decision shall enter into force on the day of its adoption. 

Done at Brussels,  

For the Council 
The Presiden

6 
7 
8 
9 

OJ L 279, 12.11.1993, p. 1. 
OJ L 374, 27.12.2006, p. 5. 
OJ L 74, 20.3.1992, p. 1. 
OJ L 4, 8.1.1998, p. 10. 

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ANNEX  

Draft 

DECISION OF THE EEA JOINT COMMITTEE  
No  

amending Annex XIII (Transport) to the EEA Agreement 

of  

THE EEA JOINT COMMITTEE, 

Having regard to the Agreement on the European Economic Area, as amended by the Protocol 
adjusting  the  Agreement  on  the  European  Economic  Area,  hereinafter  referred  to  as  ‘the 
Agreement’, and in particular Article 98 thereof, 

Whereas: 

(10) 

(11) 

(12) 

(13) 

(14) 

Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee 
No …/… of …1. 

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 
October  2009  establishing  common  rules  concerning  the  conditions  to  be  complied 
with  to  pursue  the  occupation  of  road  transport  operator  and  repealing  Council 
Directive 96/26/EC2 is to be incorporated into the Agreement. 

Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 
October 2009 on common rules for access to the international road haulage market 
(recast)3 is to be incorporated into the Agreement. 

Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 
October 2009 on common rules for access to the international market for coach and 
bus services, and amending Regulation (EC) No 561/20064 is to be incorporated into 
the Agreement. 

Council Directive 96/26/EC5, which is incorporated into the Agreement, is repealed 
by  Regulation  (EC)  No  1071/2009  while  it  should  continue  to  apply  until  and 
consequently be repealed under the Agreement  with  effect from  4  December  2011, 
when Regulation (EC) No 1071/2009 will become applicable. 

(15) 

Council Regulations (EEC) Nos 881/926 and 3118/937 and Directive 2006/94/EC of 
the  European  Parliament  and  of  the  Council8,  which  are  incorporated  into  the 

1 
2 
3 
4 
5 
6 
7 

… 
OJ L 300, 14.11.2009, p. 51. 
OJ L 300, 14.11.2009, p. 72. 
OJ L 300, 14.11.2009, p. 88. 
OJ L 124, 23.5.1996, p. 1. 
OJ L 95, 9.4.1992, p. 1. 
OJ L 279, 12.11.1993, p. 1. 

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Agreement,  are  repealed  by  Regulation  (EC)  No  1072/2009  while  they  should 
continue  to  apply  until  and  consequently  be  repealed  under  the  Agreement  with 
effect  from  4  December  2011,  when  Regulation  (EC)  No  1072/2009  will  become 
fully applicable. 

(16) 

Council Regulations (EEC) No 684/929 and (EC) No 12/9810, which are incorporated 
into  the  Agreement,  are  repealed  by  Regulation  (EC)  No  1073/2009  while  they 
should  continue  to  apply  until  and  consequently  be  repealed  under  the  Agreement 
with  effect  from  4  December  2011,  when  Regulation  (EC)  No  1073/2009  will 
become fully applicable, 

HAS ADOPTED THIS DECISION: 

Annex XIII to the Agreement shall be amended as follows: 

Article 1 

1. 

The following point shall be inserted after point 19 (Council Directive 96/26/EC): 

‘19a. 32009 R 1071: Regulation (EC) No 1071/2009 of the European Parliament and 
of the Council of 21 October 2009 establishing common rules concerning the 
conditions  to  be  complied  with  to  pursue  the  occupation  of  road  transport 
operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 
51). 

The provisions of the Regulation shall, for the purposes of this Agreement, be read 
with the following adaptations: 

(a) 

In Article 7(1), regarding the EFTA States the words “in the currencies of 
Member  States  which  do  not  participate  in  the  third  stage  of  the 
economic  and  monetary  union”  shall  be  read  “in  the  currencies  of  the 
EFTA  States”  and  the  words  “published  in  the  Official  Journal  of  the 
European Union” shall read “published officially in each EFTA State”. 

(b)  The  EFTA  States  shall  recognise  the  certificates  issued  by  the  EU 
Member States in accordance with Article 21 of the Regulation. For the 
purposes of such recognition, in the provisions of the certificate set out in 
Annex III to the Regulation, references to “Member State(s)” shall read 
“EU Member State(s), Iceland, Liechtenstein and Norway”. 

(c)  The  European  Union  and  the  EU  Member  States  shall  recognise  the 
certificate  issued  by  Iceland,  Liechtenstein  and  Norway  in  accordance 
with the Regulation as adapted in Appendix 7 to this Annex. 

(d)  When issued by Iceland, Liechtenstein and Norway, the certificate shall 

correspond to the model set out in Appendix 7 to this Annex. 

8 
9 
10 

OJ L 374, 27.12.2006, p. 5. 
OJ L 74, 20.3.1992, p. 1. 
OJ L 4, 8.1.1998, p. 10. 

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5 

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(e) 

In  Annex  I,  the  reference  to  Council  Decision  85/368/EEC  shall  be 
replaced by a reference to Recommendation 2008/C 111/01  of 23 April 
2008 on the establishment of the European Qualifications Framework for 
lifelong learning.’ 

2. 

The  following  shall  be  added  in  point  24e  (Regulation  (EC)  No  561/2006  of  the 
European Parliament and of the Council): 

‘, as amended by: 

- 

32009 R 1073: Regulation (EC) No 1073/2009 of the European Parliament and 
of the Council of 21 October 2009 (OJ L 300, 14.11.2009, p. 88). 

The provisions of the Regulation shall, for the purposes of this Agreement, be read 
with the following adaptation: 

Paragraph 6a of Article 8 shall apply to drivers engaged in a single occasional coach 
driving in the territory of Iceland.’ 

3. 

The  following  point  shall  be  inserted  after  point  25  (Directive  2006/94/EC  of  the 
European Parliament and of the Council): 

‘25a. 32009 R 1072: Regulation (EC) No 1072/2009 of the European Parliament and 
of  the  Council  of  21  October  2009  on  common  rules  for  access  to  the 
international road haulage market (recast) (OJ L 300, 14.11.2009, p. 72). 

The transitional arrangements set out in the Annexes to the Act of Accession of 25 
April 2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for 
Bulgaria (Annex VI, Chapter 5, point 1) and Romania (Annex VII, Chapter 6, point 
1) concerning Council Regulation (EEC) No 3118/93 shall apply mutatis mutandis. 

With regard to the safeguard mechanisms contained in the transitional arrangements 
referred  to  in  the  previous  paragraph,  PROTOCOL  44  ON  SAFEGUARD 
MECHANISMS  PURSUANT  TO  ENLARGEMENTS  OF  THE  EUROPEAN 
ECONOMIC AREA shall apply. 

The provisions of the Regulation shall, for the purposes of this Agreement, be read 
with the following adaptations: 

(a)  Article 1(2) shall be replaced by the following: 

“In the event of carriage from a Contracting Party to a third country and vice versa, 
this  Regulation  shall  not  apply  to  that  part  of  any  journey  carried  out  within  the 
territory of a Contracting Party of loading or unloading, unless otherwise agreed by 
the Contracting Parties.” 

(b)  Article 1(3) shall be replaced by the following: 

“This Regulation shall not affect provisions, relating to the carriage from an EFTA 
State to a third country referred to in paragraph 2, laid down in bilateral agreements 
concluded between an EFTA State and a third country which, either under bilateral 
authorisations  or  under  liberalisation  agreements  allow  loading  and  unloading  in  a 

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6 

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Contracting Party by hauliers established in another Contracting Party, provided the 
principle  of  non-discrimination  between  Community  hauliers  and  hauliers  from  an 
EFTA State is respected.” 

(c)  Articles 1(5) and 1(6) shall only be applicable to own account transport. 

(d)  The  EFTA  States  shall  recognise  the  Community  licences  and  driver 
attestations  issued  by  the  EU  Member  States  in  accordance  with  the 
Regulation.  For  the  purposes  of  such  recognition,  in  the  General 
Provisions  of  the  Community  licence,  set  out  in  Annex  II  to  this 
Regulation,  and  of  the  driver  attestation,  set  out  in  Annex  III  to  this 
Regulation,  references  to  “Community”  shall  read  “Community  and 
Iceland,  Liechtenstein  and  Norway”  and  references  to  “Member  States” 
shall  read  “EU  Member  State(s)  and  (or)  Iceland,  Liechtenstein  and 
Norway.” 

(e)  The Community and the EU Member States shall recognise the licences 
and driver attestations issued by an EFTA State in accordance with this 
Regulation, as adapted in part b) of Annexes II and III in Appendix 2 to 
the present Annex. 

(f)  When issued by an EFTA State, the licences and driver attestations shall 
correspond to the models set out in Appendix 2 to the present Annex. 

(g) 

In  Article  5(1)(b)  and  5(2),  the  words  “within  the  meaning  of  Council 
Directive  2003/109/EC  of  25  November  2003  concerning  the  status  of 
third-country  nationals  who  are  long-term  residents”  and  “within  the 
meaning of Directive 2003/109/EC” shall not apply. 

(h)  The text of Article 9(1)(e) shall be replaced by the following: 

“VAT (value added tax) or turnover tax on transport services.” 

(i) 

In situations referred to in Article 10: 

- 

- 

regarding  the  EFTA  States,  “Commission”  shall  read  “EFTA 
Surveillance Authority” and “Council” shall read “EFTA Standing 
Committee”; 

if the Commission receives a request from an EU Member State or 
the  EFTA  Surveillance  Authority  from  Iceland,  Liechtenstein  or 
Norway  to  adopt  safeguard  measures,  the  EEA  Joint  Committee 
shall  without  delay  be  notified  thereof  and  be  provided  with  all 
relevant information. 

At the request of a Contracting Party, consultations shall take place within the EEA 
Joint  Committee.  Such  consultations  may  also  be  requested  in  the  case  of 
prolongation of the safeguard measures. 

Once the European Commission or the EFTA Surveillance Authority has adopted a 
decision, it shall immediately notify the measures taken to the EEA Joint Committee. 

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If  any  of  the  Contracting  Parties  concerned  considers  that  the  safeguard  measures 
would  create  an  imbalance  between  the  rights  and  obligations  of  the  Contracting 
Parties, Article 114 of the Agreement shall apply mutatis mutandis.’ 

4. 

The following  point shall  be  inserted after point 32 (Council Regulation (EEC) No 
684/92): 

‘32a. 32009 R 1073: Regulation (EC) No 1073/2009 of the European Parliament and 
of  the  Council  of  21  October  2009  on  common  rules  for  access  to  the 
international market for coach and bus services, and amending Regulation (EC) 
No 561/2006 (OJ L 300, 14.11.2009, p. 88). 

The provisions of the Regulation shall, for the purposes of this Agreement, be read 
with the following adaptations: 

(a)  Article 1(2) shall be replaced by the following: 

“In the event of carriage from a Contracting Party to a third country and vice versa, 
this  Regulation  shall  not  apply  to  that  part  of  any  journey  carried  out  within  the 
territory  of  the  Contracting  Party  of  picking  up  or  setting  down,  unless  otherwise 
agreed by the Contracting Parties.” 

(b)  Article 1(3) shall not apply. 

(c)  The  EFTA  States  shall  recognise  the  Community  licence  issued  by  the 
EU Member States in accordance with the Regulation. For the purposes 
of such recognition, in the provisions of the Community licence set out in 
Annex  II  to  the  Regulation,  references  to  “Member  State(s)”  shall  read 
“EU Member State(s), Iceland, Liechtenstein and/or Norway.” 

(d)  The Community and the EU Member States shall recognise the licences 
issued  by  Iceland,  Liechtenstein  and  Norway  in  accordance  with  the 
Regulation as adapted in Appendix 4 to this Annex. 

(e)  When  issued  by  Iceland,  Liechtenstein  and  Norway,  the  licences  shall 
correspond to the model set out in Appendix 4 to this Agreement. 

(f)  The text of Article 16(1)(e) shall be replaced by the following: 

“VAT (value added tax) or turnover tax on transport services.”’ 

5. 

The text of points 19 (Council Directive 96/26/EC), 25 (Directive 2006/94/EC of the 
European  Parliament  and  of  the  Council),  26a  (Council  Regulation  (EEC)  No 
881/92),  26c  (Council  Regulation  (EEC)  No  3118/93),  32  (Council  Regulation 
(EEC) No 684/92) and 33b (Council Regulation (EC) No 12/98) shall be deleted with 
effect from 4 December 2011. 

Appendices  2,  4  and  7  to  Annex  XIII  to  the  Agreement  shall  be  amended  as  specified  in  the 
Annex to this Decision. 

Article 2 

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Article 3 

The texts of Regulations (EC) Nos 1071/2009, 1072/2009 and 1073/2009 in the Icelandic and 
Norwegian languages, to be published in the EEA Supplement to the Official Journal of the 
European Union, shall be authentic. 

This  Decision  shall  enter  into  force  on  ,  provided  that  all  the  notifications  under  Article 
103(1) of the Agreement have been made to the EEA Joint Committee∗. 

Article 4 

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the 
Official Journal of the European Union. 

Article 5 

Done at Brussels, . 

For the EEA Joint Committee 

The President 

The Secretaries 
to the EEA Joint Committee 

∗ 

[No constitutional requirements indicated.] [Constitutional requirements indicated.] 

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ANNEX 

to Decision of the EEA Joint Committee No  

Appendices 2, 4 and 7 to Annex XIII to the Agreement shall be amended as follows: 

1. 

Appendix 2 to Annex XIII to the Agreement shall be replaced by the following: 

‘APPENDIX 2 

DOCUMENTS SET OUT IN THE ANNEX TO REGULATION (EC) NO 1072/2009 OF 
THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, AS ADAPTED FOR 
THE PURPOSES OF THE EEA AGREEMENT 

(see adaptation (f) in point 25 of Annex XIII to the Agreement) 

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ANNEX II 

EUROPEAN ECONOMIC AREA 

(a) 

(Colour Pantone light blue, format DIN A4 cellulose paper 100g/m2 or more) 

(First page of the licence) 

(Text in (one of) the official language(s) of the EFTA State issuing the licence) 

Distinguishing sign of the State1 
issuing the licence 

Name of the competent authority 
or body 

LICENCE No … 

(or) 

CERTIFIED TRUE COPY No 

for the international carriage of goods by road for hire or reward 

This licence entitles2....................................................................................................................................................................  
....................................................................................................................................................................................................  
....................................................................................................................................................................................................  

to  engage  in  the  international  carriage  of  goods by  road  for  hire  or  reward  by any  route,  for journeys  or  parts  of  journeys 
carried out for hire or reward within the territory of the Community and Iceland, Liechtenstein and Norway3, as laid down in 
Regulation  (EC)  No  1072/2009  of  the  European  Parliament  and  of  the  Council  of  21  October  2009  on  common  rules  for 
access  to  the  international  road haulage market,  as  adapted  for  the  purposes  of  the  Agreement  on  the  European Economic 
Area (EEA Agreement), and in accordance with the general provisions of this licence. 

Particular remarks: ........................................................................................................................................................................ 

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

This licence shall be valid from............................................... 

to.............................................................................................. 

Issued in .................................................................................,  on............................................................................................. 

...............................................................................................4 

1 
2 
3 
4 

The distinguishing signs are IS (Iceland), (FL) Liechtenstein, (N) Norway. 

Name or business name and full address of the haulier. 

Hereinafter referred to as “the EFTA States”. 

Signature and seal of the issuing competent authority or body. 

EN 

11 

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(b) 

(Second page of the licence) 

(Text in (one of) the official language(s) of the EFTA State issuing the licence) 

GENERAL PROVISIONS 

This licence is issued under Regulation (EC) No 1072/2009 as adapted for the purposes of the EEA Agreement. 

It entitles the holder to engage in the international carriage of goods by road for hire or reward by any route for journeys or 
parts of journeys carried out within the territory of the Community and the EFTA States and, where appropriate, subject to 
the conditions laid down herein: 

- 

- 

- 

where  the  point  of  departure  and  the  point  of  arrival  are  situated  in  two  different  States  which  are  either  EU 
Member States or EFTA States, with or without transit through one or more EU Member States or EFTA States 
or third countries, 

from an EU Member State or an EFTA State to a third country or vice versa, with or without transit through one 
or more EU Member States or EFTA States or third countries, 

between third countries with transit through the territory of one or more EU Member States or EFTA States, 

and unladen journeys in connection with such carriage. 

In the case of carriage from an EU Member State or EFTA State to a third country or vice versa, this licence is not valid for 
that part of the journey carried out in the EU Member States or EFTA State of loading or unloading. 

This licence is personal to the holder and is non-transferable. 

It may be withdrawn by the competent authority of the EFTA State which issued it, notably where the holder has: 

- 

- 

not complied with all the conditions for using the licence, 

supplied incorrect information with regard to the data needed for the issue or extension of the licence. 

The original of the licence must be kept by the haulage undertaking. 

A  certified  copy  of  the  licence  must  be  kept  in  the  vehicle1.  In  the  case  of  a  coupled  combination  of  vehicles  it  must 
accompany the motor vehicle. It covers the coupled combination of vehicles even if the trailer or semi-trailer is not registered 
or authorised to use the roads in the name of the licence holder or if it is registered or authorised to use the roads in an EU 
Member State or another EFTA State. 

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

Within  the  territory  of  each  EU  Member  State  and  EFTA  State,  the  holder  must  comply  with  the  laws,  regulations  and 
administrative provisions in force in that State, in particular with regard to transport and traffic. 

1 

‘Vehicle’ means a motor vehicle registered in an EFTA State, or a coupled combination of vehicles the motor vehicle of which at least is registered 
in an EFTA State, used exclusively for the carriage of goods. 

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ANNEX III 

EUROPEAN ECONOMIC AREA 

(a) 

(Colour Pantone pink, format DIN A4 cellulose paper 100g/m2 or more) 

(First page of the attestation) 

(Text in (one of) the official language(s) of the EFTA State issuing the attestation) 

1 
Distinguishing sign of the State
issuing the attestation 

Name of the competent authority 
or body 

DRIVER ATTESTATION No … 

for the carriage of goods by road for hire or reward under a Community licence or a licence issued by Iceland, Liechtenstein 
or Norway2 

(Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for 
access to the international road haulage market) 

This attestation certifies that on the basis of the documents presented by: 

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

the following driver: 

Name and forename ...................................................................................................................................................................... 

Date and place of birth ............................................................  Nationality............................................................................... 

Type and reference number of identity paper................................................................................................................................ 

Date of issue............................................................................  Place of issue........................................................................... 

Driving licence number ................................................................................................................................................................. 

Date of issue............................................................................  Place of issue........................................................................... 

Social security number .................................................................................................................................................................. 

is  employed,  in  accordance  with  the  laws,  regulations  or  administrative  provisions  and,  as  appropriate,  the  collective 
agreements, in accordance with the rules applicable in the following EFTA State, on the conditions of employment and of 
vocational training of drivers applicable in that EFTA State to carry out road transport operations in that State: 

.................................................................................................................................................................................................... 4 

Particular remarks ......................................................................................................................................................................... 
...................................................................................................................................................................................................... 

1 
2 
3 
4 

The distinguishing signs are IS (Iceland), (FL) Liechtenstein, (N) Norway. 

Hereinafter referred to as “the EFTA States”. 

Name or business name and full address of the haulier. 

Name of the haulier’s State of establishment. 

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This attestation shall be valid from.......................................... 

to.............................................................................................. 

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

...............................................................................................5 

5 

Signature and seal of the issuing competent authority or body. 

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(b) 

(Second page of the attestation) 

(Text in (one of) the official language(s) of the EFTA State issuing the attestation) 

GENERAL PROVISIONS 

This attestation is issued under Regulation (EC) No 1072/2009 as adapted for the purposes of the EEA Agreement. 

It certifies that the driver named therein is employed, in accordance with the laws, regulations, or administrative provisions 
and, as appropriate, the collective agreements, in accordance with the rules applicable in the EFTA State mentioned on the 
attestation, on the conditions of employment and of vocational training of drivers applicable in that EFTA State to carry out 
road operations in that State. 

The driver attestation shall belong to the haulier, who puts it at the disposal of the driver designated therein when that driver 
drives a vehicle1 engaged in carriage using a Community licence or a licence by an EFTA State issued to that haulier. The 
driver attestation is not transferable. The driver attestation shall be valid only as long as the conditions under which it was 
issued are still satisfied and must be returned immediately by the haulier to the issuing authorities if these conditions are no 
longer met. 

It may be withdrawn by the competent authority of the EFTA State which issued it, in particular where the holder has: 

- 

- 

not complied with all the conditions for using the attestation, 

supplied incorrect information with regard to the data needed for the issue or extension of the attestation. 

A certified true copy of the attestation must be kept by the haulage undertaking. 

An  original  attestation  must  be  kept  in  the  vehicle  and  must  be  presented  by  the  driver  at  the  request  of  any  authorised 
inspecting officer.’ 

1 

‘Vehicle’ means a motor vehicle registered in an EFTA State, or a coupled combination of vehicles the motor vehicle of which at least is registered 

EN 

15 

   EN 

 
                                                 
2. 

Appendix 4 to Annex XIII to the Agreement shall be replaced by the following: 

‘APPENDIX 4 

DOCUMENTS SET OUT IN THE ANNEX TO REGULATION (EC) NO 1073/2009 OF 
THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, AS ADAPTED FOR 
THE PURPOSES OF THE EEA AGREEMENT 

(see adaptation (e) in point 32 of Annex XIII to the Agreement) 

EN 

16 

   EN 

 
ANNEX II 

EUROPEAN ECONOMIC AREA 

(a) 

(Colour Pantone light blue, format DIN A4 cellulose paper 100g/m2 or more) 

(First page of the licence) 

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

1 
Distinguishing sign of the State
issuing the licence 

Name of the competent authority 
or body 

LICENCE No … 

(or) 

CERTIFIED TRUE COPY No 

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

The holder of this licence2...........................................................................................................................................................  
....................................................................................................................................................................................................  
....................................................................................................................................................................................................  

is authorised to carry out international carriage of passengers by road for hire or reward in the territory of the Community and 
Iceland, Liechtenstein and Norway3 pursuant to the conditions laid down by Regulation (EC) No 1073/2009 of the European 
Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus 
service, as adapted for the purposes of the Agreement on the European Economic Area (EEA Agreement), and in accordance 
with the general provisions of this licence. 

Comments: .................................................................................................................................................................................... 

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

This licence is valid from ........................................................  To ............................................................................................ 

Issued in ..................................................................................  On............................................................................................ 

...............................................................................................4 

1 
2 
3 
4 

The distinguishing signs are IS (Iceland), (FL) Liechtenstein, (N) Norway. 

Name or business name and full address of the haulier. 

Hereinafter referred to as “the EFTA States”. 

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

EN 

17 

   EN 

 
 
 
                                                 
(b) 

(Second page of the licence) 

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

GENERAL PROVISIONS 

1. 

2. 

This  licence  is  issued  pursuant  to  Regulation  (EC)  No  1073/2009  as  adapted  for  the  purposes  of  the  EEA 
Agreement. 

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

(a) 

(b) 

is  authorised  in  the  EFTA  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, as adapted for the purposes of the 
EEA  Agreement,  on  admission  to  the  occupation  of  road  passenger  transport  operator  in  national  and 
international transport operations; 

(c) 

meets legal requirements regarding the standards for drivers and vehicles. 

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 and the EFTA States: 

(a) 

(b) 

(c) 

where the point of departure and point of arrival are situated in two different States which are either EU 
Member States or EFTA States, with or without transit through one or more EU Member States or EFTA 
States or third countries; 

where the point of departure and the point of arrival are in the same EU Member State or EFTA State, 
while the picking up or setting down of passengers is in another EU Member State or EFTA State or in a 
third country; 

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

(d) 

between third countries crossing the territory of one or more EU Member States or EFTA States in transit; 

and empty journeys in connection with transport operations under the conditions laid down by Regulation (EC) 
No 1073/2009 as adapted for the purposes of the EEA Agreement. 

In the case of a transport operation from an EU Member State or an EFTA State to a third country and vice versa, 
this  licence  does  not  apply  for  that  part  of  the  journey  carried  out  in  the  EU  Member  State  or  EFTA  State  of 
picking up or setting down. 

This licence is personal and non-transferable. 

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

(a) 

no longer satisfies the conditions laid down in Article 3(1) of Regulation (EC) No 1073/2009; 

(b) 

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

(c) 

has  committed  a  serious  infringement  or  infringements  of  Community  road  transport  legislation,  as 
adapted for the purposes of the EEA Agreement, in any EU Member State or EFTA 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 the fifth subparagraph of Article 
5(1) of Regulation (EC) No 1073/2009. The competent authorities of the EFTA State of establishment of 
the carrier who committed the infringement may, inter alia, withdraw the licence or make temporary or 
permanent withdrawals of some or all of the certified true copies of the licence. 

4. 

5. 

EN 

18 

   EN 

 
6. 

7. 

8. 

9. 

These penalties are determined in accordance with the seriousness of the breach committed by the holder of the 
licence and with the total number of certified true copies that he possesses in respect of his international 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 authorised inspecting officer. 

The holder must, on the territory of each EU Member State or EFTA 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,  by  whomsoever  organised,  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 of school pupils and students to and from the educational institution. 

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  laid  down  in  Chapter  III  of  Regulation  (EC)  No  1073/2009.  These  services  shall  not  cease  to  be 
occasional services solely on the grounds that they are provided at certain intervals. 

Occasional services do not require authorisation.’ 

EN 

19 

   EN 

 
3. 

Appendix 7 to Annex XIII to the Agreement shall be replaced by the following: 

‘APPENDIX 7 

CERTIFICATE REFERRED TO IN ANNEX III TO REGULATION (EC) NO 
1071/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, AS 
ADAPTED FOR THE PURPOSES OF THE EEA AGREEMENT 

(see adaptation (d) in point 19 of Annex XIII to the Agreement) 

EN 

20 

   EN 

 
ANNEX III 

EUROPEAN ECONOMIC AREA 

(Colour Pantone stout fawn, format DIN A 4 cellulose paper 100 g/m2 or more) 

(Text in the official language(s) or one of the official languages of the EFTA State issuing the certificate) 

Distinguishing sign of the EFTA State concerned1 

Name of the authorised authority or body2 

CERTIFICATE OF PROFESSIONAL COMPETENCE IN ROAD HAULAGE/PASSENGER TRANSPORT3 

No................................................................................................................................................................................................  

We ...............................................................................................................................................................................................  

hereby certify that4) .....................................................................................................................................................................  

born on ...................................................................................... in..............................................................................................  

has successfully passed the tests for the examination (year: …..; session: …..)5) necessary for the award of the certificate of 
professional  competence  in  road  haulage/passenger  transport(3)  in  accordance  with  Regulation  (EC)  No  1071/2009  of  the 
European  Parliament  and  of  the  Council  of  21  October  2009  establishing  common  rules  concerning  the  conditions  to  be 
complied with to pursue the occupation of road transport operator6), as adapted for the purposes of the EEA Agreement. 

This certificate constitutes the sufficient proof of professional competence referred to in Article 21 of Regulation (EC) No 
1071/2009. 

Issued at.................................................................................. , on.......................................................................................... 7)’ 

1 
2 
3 
4 
5 
6 
7 

EN 

The distinguishing signs are IS (Iceland), (FL) Liechtenstein, (N) Norway. 

Authority or body designated in advance for this purpose by each EFTA State to issue this certificate. 

Delete as appropriate. 

Surname and forename; place and date of birth. 

Identification of the examination. 

OJ L 300, 14.11.2009, p. 51. 

Seal and signature of the authorised authority or body issuing the certificate. 

21 

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