Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common rules ensuring basic road freight and road passenger connectivity following the end of the transition period mentioned in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community
Date: 2020-12-10
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: United Kingdom, carriage of goods, carriage of passengers, road transport, transport regulations, withdrawal from the EU

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   EUROPEAN COMMISSION  Brussels, 10.12.2020  COM(2020) 826 final 2020/0362 (COD)  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common rules ensuring basic road freight and road passenger connectivity following the end of the transition period mentioned in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community  (Text with EEA relevance)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Since  1  February  2020,  the  United  Kingdom  has  withdrawn  from  the  Union  pursuant  to 
Article 50 of the Treaty on European Union. The Agreement on the withdrawal of the United 
Kingdom of Great Britain and Northern Ireland from the European Union and the European 
Atomic Energy Community1 (‘the Withdrawal Agreement’) was concluded by the Union by 
Council Decision (EU) 2020/1352 and entered into force on 1 February 2020. The transition 
period  referred  to  in  Article  126  of  the  Withdrawal  Agreement,  during  which  Union  law 
continues  to  apply  to  and  in  the  United  Kingdom  in  accordance  with  Article  127  of  that 
agreement, ends on 31 December 2020.  

On 25 February 2020, the Council adopted Decision (EU, Euratom) 2020/266 authorising the 
opening of negotiations with the United Kingdom of Great Britain and Northern Ireland for a 
new partnership agreement.3 As implied by the negotiation directives, the authorisation covers 
inter alia the elements needed to address comprehensively the road transport relationship with 
the United Kingdom after the end of the transition period. 

However, it is uncertain whether an agreement between the Union and the United Kingdom 
governing their future relationship in this area will have entered into force by the end of that 
period.  

All rights and obligations ensuing from Union law in respect of access to the road transport 
market,  as  established  by  Regulation  (EC)  No  1072/20094  and  Regulation  (EC)  No 
1073/20095,  will  end  on  31  December  2020,  when  the  transition  period  established  by  the 
Withdrawal  Agreement  will  expire.  This  will  result  in  the  loss  of  validity  of  Community 
licences  issued  by  the  United  Kingdom  to  road  haulage  operators  and  to  bus  and  coach 
operators, and thereby loss of access to the Union’s road haulage and passengers market for 
holders  of  such  licences.  Similarly,  European  Union  road  haulage  and  bus  and  coach 
operators, on the basis of the existing Community licences, will equally lose automatic access 
to the United Kingdom’s road freight and passenger transport market.  

It  follows that, in the absence of an agreement between the Union and the United Kingdom 
governing the matter, after the  end of the transition  period, the multilateral  quota system of 
the European Conference of Ministers of Transport (ECMT) would become the only available 
legal framework on which the continuation of road freight transport services could be based, 
subject to the possession of an ECMT permit. A vehicle equipped with an ECMT permit may 
carry goods between any of the 43 countries participating in the system, among which are 26 
of  the  EU  Member  States  (all  but  Cyprus),  the  United  Kingdom,  and  16  other  countries. 

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OJ L 29, 31.1.2020, p. 7. 
Council  Decision  (EU)  2020/135  of  30  January  2020  on  the  conclusion  of  the  Agreement  on  the 
withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and 
the European Atomic Energy Community (OJ L 29, 31.1.2020, p. 1). 
OJ L 58, 27.2.2020, p. 53 
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 (OJ L 300, 14.11.2009, p. 72). 
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). 

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Following an international haulage operation from the country of registration of the vehicle to 
another  ECMT  country,  up  to  three  operations  where  the  country  of  registration  is  not 
involved are possible before the vehicle has to return to the country where it is registered. 

The number of ECMT permits is  limited for each Member State and permits  for 2021 have 
already been distributed at national level by the competent authorities of each Member State. 
Their  number  cannot  be  increased  at  short  notice.  ECMT  quotas  are  set  annually  and  any 
changes  to  the  number  of  permits  allocated  to  an  ECMT  country  have  to  be  agreed 
unanimously by all ECMT countries.  

As already highlighted in  Regulation  (EU) 2019/501  of the European Parliament and of the 
Council  which  was  adopted  on  25  March  20196,  considering  the  volumes  of  road  freight 
transport services and the goods carried by road between the United Kingdom and the Union 
(around  51  million  tonnes  in  2019;  some  29  million  tonnes  from  the  Union  to  the  United 
Kingdom and some 22 million tonnes from the United Kingdom to the Union), it is evident 
that  reliance  solely  on  the  ECMT  quota  system  does  not  currently  constitute  an  adequate 
solution  to  ensure  basic  road  freight  transport  connectivity  immediately  after  the  end  of  the 
transition period.  

The carriage of goods by road between the United Kingdom and the Member States is almost 
entirely in the hands of United Kingdom and Union road haulage operators. The loss by those 
operators of their right to provide road freight transport between the United Kingdom and the 
Union would therefore result in serious disruptions including in respect of public order.  

As far as passenger transport by bus and coach is concerned, in the absence of an agreement 
between  the  Union  and  the  United  Kingdom  governing  the  matter,  the  Agreement  on  the 
international occasional  carriage of passengers by coach and bus7 ("Interbus Agreement") is 
the only available legal framework that could provide, after the end of the transition period, a 
basis  for  the  carriage  of  passengers  by  bus  and  coach  between  the  Union  and  the  United 
Kingdom.  The  United  Kingdom  deposited  its  instrument  of  accession  to  the  Interbus 
Agreement on 29 October 2020. It will therefore become a Contracting Party in its own right 
on 1 January 2021.  However, the Interbus Agreement covers only occasional services and is, 
therefore,  inadequate  to  address  the  disruptions  ensuing  from  the  end  of  the  application  of 
Union  law  to  and  in  the  United  Kingdom,  given  the  high  number  of  persons  that  would 
continue  to  seek  to  travel  between  the  Union  and  the  United  Kingdom.  A  Protocol  to  the 
Interbus  Agreement  covering  regular  and  special  regular  passenger  transport  services  by 
coach and bus was negotiated between its Contracting Parties, but it is not expected to enter 
into force in time to offer a viable alternative solution for the period immediately after the end 
of  the  transition  period.  Therefore,  in  the  case  of  regular  and  special  regular  passenger 
transport services by coach and bus, the current instruments do not address the needs of such 
services between, on the one side, the Union and, on the other side, the United Kingdom.  

Cross-border coach and bus services between  Ireland and the United Kingdom in respect of 
Northern Ireland are of particular importance for communities living in the border regions, in 
view  of  ensuring  basic  connectivity  between  communities  inter  alia  as part  of  the  Common 
Travel  Area.  No  instrument  exists  that  could  address  the  need  for  coach  and  bus  operators 

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Regulation  (EU)  2019/501  of  the  European  Parliament  and  of  the  Council  of  25  March  2019  on 
common  rules  ensuring  basic  road  freight  and  road  passenger  connectivity  with  regard  to  the 
withdrawal  of  the  United  Kingdom  of  Great  Britain  and  Northern  Ireland  from  the  Union  (OJ  L  85, 
27.3.2019, p. 39). 
OJ L 321, 26.11.2002, p. 13. 

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operating regular or special regular services to pick up and set down passengers in regions on 
the other side of the border. However, the economic viability of many cross-border services is 
at  risk  without  the  right  to  carry  out  cabotage  operations.  It  is  therefore  appropriate  for  the 
Union to adopt temporary and time-limited contingency measures to mitigate such potentially 
disruptive effects for connectivity between the Union and the United Kingdom.  

The  present  proposal  thus  has  the  objective  to  lay  down  temporary  measures  to  govern  the 
carriage  of  goods  by  road  as  well  as  the  provision  of  regular  and  special  regular  passenger 
transport  services  between,  on  the  one  side,  the  Union  and,  on  the  other  side,  the  United 
Kingdom  following  the  end  of  the  transition  period  referred  to  in  Article  126  of  the 
Withdrawal  Agreement  (Article  1).  These  measures  are  intended  to  maintain  basic 
connectivity for a strictly time-limited period (Article 2).  

Gibraltar  is  not  included  in  the  territorial  scope  of  this  Regulation  and  any  reference  to  the 
United Kingdom therein does not include Gibraltar. 

In the first place (Article 3), the proposed Regulation provides for the unilateral  granting of 
rights for bilateral carriage to road haulage operators established in United Kingdom so that 
they can continue to carry goods between their territory and the Union.  

The proposed Regulation also provides (Article 4) for the unilateral granting of rights for the 
bilateral carriage of passengers by coach and bus as part of regular or special regular services 
to  bus  and  coach  operators  established  in  the  United  Kingdom  so  that  they  can  continue  to 
carry  passengers  between  their  territory  and  the  Union.  The  Regulation  further  provides  for 
the  unilateral  granting  of  rights  to  pick  up  and  set  down  passengers  in  the  border  region  of 
Ireland in the course of international regular and special regular services between Ireland and 
the United Kingdom in respect of Northern Ireland. 

The  rights  granted  to  United  Kingdom  road  operators  are  subject  to  conformity  with  the 
relevant Union law applicable to road freight and road passenger transport operators (Article 
6) and equivalent rights being granted by the United Kingdom to Union road operators. The 
proposed Regulation lays down a mechanism (Article 7) to ensure that the rights enjoyed by 
Union  road  operators  in  the  United  Kingdom  are  equivalent  to  those  granted  to  United 
Kingdom  road  operators  under  the  proposed  Regulation.  If  that  is  not  the  case,  the 
Commission is empowered to adopt the necessary measures to correct the situation by means 
of  delegated  acts,  including  the  limitation  to  the  allowable  capacity  available  to  United 
Kingdom road operators or to the number of journeys or to both. The assessment of the level 
of  equivalence  and  the  adoption  of  corrective  measures  by  the  Commission  are  not  solely 
linked  to  strict,  formal  correspondence  between  the  two  legal  orders;  this  is  because  of  the 
marked  differences  between  the  respective  markets  and  in  order  to  avoid  a  blind  mirroring 
approach which might in the end prove counter to the Union interest.  

The  proposed  Regulation,  even  though  it  aims  to  temporarily  ensure  basic  connectivity  for 
road  freight  and  road  passenger  transport,  lays  down  a  flexible  mechanism  to  ensure  that 
Union  road  haulage  operators  and  coach  and  bus  service  operators  enjoy  fair  and  equal 
opportunities  to  compete  with  United  Kingdom  road  haulage  operators  and  coach  and  bus 
service  operators.  A  level  playing  field  requires  that,  even  after  the  end  of  the  transition 
period, the United Kingdom continues to apply sufficiently high and comparable standards in 
the area of road freight and road passenger transport as regards: fair competition including the 
regulation  of  cartels,  abuse of dominant  position and mergers; the prohibition  of unjustified 
government subsidies; the protection of workers and a high level of road safety; the protection 
of  the  environment;  safety  and  security,  or  relating  to  the  granting  of  licences  to  road 

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operators  or  to  the  qualification,  training  and  medical  controls  for  professional  drivers. 
Moreover, it must be ensured that Union road operators are not discriminated against in the 
United  Kingdom,  be  it  de  jure  or  de  facto.  The  proposed  Regulation  thus  charges  the 
Commission  (Article  8)  with  the  task  to  monitor  the  conditions  of  competition  between,  on 
the  one  hand,  Union  road  operators  and,  on  the  other  hand  United  Kingdom  road  operators 
and empowers it to adopt the necessary measures, by means of delegated acts, to ensure that 
those conditions remain level at all times.  

The  necessary  procedures  are  established  so  as  to  enable  the  Member  States  and  the 
Commission  to  verify  that  United  Kingdom  road  operators  carrying  goods  or  passengers 
under this Regulation are licensed or certified in accordance with relevant standards, that all 
relevant  national  and  Union  legislation  is  complied  with  and  that  the  allowed  rights  are  not 
exceeded.  

Regulation (EC) No 1072/2009 and Regulation (EC) No 1073/2009 already cover the part of 
a journey between a Member State and a third country on the territory of any Member State 
crossed in transit. It is necessary to ensure that these regulations also apply to the part of the 
journey on the territory of the Member State of loading or unloading for freight transport, and 
to the part of the journey on the territory of the Member State of picking up or setting down 
passengers for coach and bus services (Article 9). Such an extension will ensure that Union 
operators  can  perform  cross-trade  operations  to  or  from  the  United  Kingdom,  as  well  as 
additional stops in their coach and bus services.  

Explicit provision is made to recall that Member States must not negotiate nor enter into any 
bilateral  road  transport  agreements  with  the  United  Kingdom  on  matters  falling  under  the 
scope  of  this  Regulation  and  that  they  must  not  otherwise  grant  United  Kingdom  road 
operatorsany rights other than those granted under this Regulation (Article 5). Nevertheless, 
the  respective  competent  authorities  will  be  able  to  cooperate  as  necessary  for  the  good 
implementation of the Regulation (Article 10), so that the least possible disturbance is brought 
to  the  management  of  the  road  haulage  and  coach  and  bus  services  that  will  continue  to  be 
provided after 31 December 2020.  

Article 11 establishes the rules on the exercise of the delegation conferred on the Commission 
to adopt delegated acts to ensure that the rights enjoyed by Union road operators in the United 
Kingdom are equivalent to those granted to United Kingdom road operators, and that Union 
carriers are not discriminated against in the United Kingdom. 

Article  12  establishes  that  this  Regulation  shall  start  to  apply  when  the  transition  period 
established by the Withdrawal Agreement will end, if an agreement governing road transport 
with the United Kingdom has not entered into force and shall cease to apply at the latest on 30 
June 2021. The Regulation will cease to  apply at an earlier date, if an agreement governing 
road  transport  with  the  United  Kingdom  enters  into  force  or  is  provisionally  applied  as  the 
case may be, before that  date. With the exception of the specific provisions applying  in  the 
border  region  of  Ireland  in  the  course  of  international  regular  and  special  regular  services 
between Ireland and the United Kingdom in respect of Northern Ireland, the Regulation shall 
also cease to apply at an earlier date for the provisions which relate to passenger transport by 
road, if the Protocol to the Interbus Agreement regarding the international regular and special 
regular  carriage  of  passengers  by  coach  and  bus  enters  into  force  for  the  Union  and  for  the 
United Kingdom.  

This act is part of a package of measures which the Commission is adopting. 

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• 

Consistency with existing policy provisions in the policy area 

This  proposed  Regulation  is  intended  as  a  lex  specialis  that  would  address  some  of  the 
consequences ensuing from the fact that Union rules regulating road freight transport and road 
passenger  transport  by  bus  and  coach,  in  particular  Regulation  (EC)  No  1072/2009  and 
Regulation (EC) No 1073/2009, will no longer apply to the carriage of goods and passengers 
by road between, on the one hand the United Kingdom and, on the other hand the Union. The 
proposed terms are limited to what is necessary in this respect, so as to avoid disproportionate 
disruptions.  They  are  intended  to  apply  only  for  a  limited  period  of  time.  This  proposal  is 
therefore fully consistent with  the existing legislation and notably with  Regulation (EC) No 
1072/2009 and Regulation (EC) No 1073/2009.  

• 

Consistency with other Union policies 

This proposal complements Union rules regulating the carriage of goods by road, in particular 
Regulation  (EC)  No  1072/2009  and  Union  rules  regulating  international  coach  and  bus 
services,  in  particular  Regulation  (EC)  No  1073/2009.  The  specific  purpose  and  context  of 
this  Regulation,  as  well  as  its  unilateral  nature,  necessarily  require  a  restrictive  approach  in 
the granting of rights, as well as specific provisions intended to preserve equality of rights and 
a level playing field. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  is  Article  91(1)  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFEU).  

• 

Subsidiarity 

Art. 1(2) of Regulation (EC) No 1072/2009 and Art. 1(2) of Regulation (EC) No 1073/2009 
reserve competence to the Union for relevant agreements with third countries. In the absence 
of  such  an  agreement,  this  proposed  act  aims  at  establishing  basic  connectivity  subject  to 
equivalent rights being granted by the United Kingdom. Such connectivity would be ensured 
in an equal manner for traffic to and from all points in the Union, which avoids distortions in 
the internal market. Action is therefore indispensable at Union level and the result could not 
be achieved through action at Member State level. 

• 

Proportionality 

The  proposed  Regulation  is  considered  proportionate  as  it  is  capable  of  avoiding 
disproportionate disruptions in a manner that also ensures equal conditions of competition for 
Union road operators. It does not go beyond what is necessary to achieve this objective. This 
is  the  case,  in  particular,  for  the  conditions  under  which  the  relevant  rights  are  conferred, 
which inter alia pertain to the need that equivalent rights be conferred by the United Kingdom 
and to fair competition, and for the limitation of the regime in time.  

• 

Choice of the instrument 

Since  the  act  governs  matters  closely  related  to  Regulation  (EC)  No  1072/2009  and 
Regulation  (EC)  No  1073/2009  and  is  intended,  like  these  Regulations,  to  ensure  fully 
harmonised conditions of competition, it should take the form of a Regulation. This form also 
best responds to the urgency of the situation/context, since the time available before the end 
of  the  transition  period  (in  the  absence  of  an  agreement  covering  carriage  of  goods  and 

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passengers  by  road  applicable  by  that  date)  is  too  short  to  allow  for  a  transposition  of 
provisions contained in a Directive.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

This  is  not  applicable  due  to  the  exceptional,  temporary  and  one-off  nature  of  the  event 
necessitating this proposal which does not relate to the objectives of existing legislation.  

• 

Stakeholder consultations 

The  challenges  arising  from  the  negotiations  for  an  agreement  between  the  Union  and  the 
United Kingdom and possible solutions have been raised by various stakeholders and Member 
State representatives.  

The  fact  that  the  transition  period  set  in  the  Withdrawal  Agreement  ends  on  31  December 
2020, the need to prepare for inevitable changes on 1 January 2021 and the possible additional 
measures  to  be  envisaged  in  the  event  of  no  deal  have  been  discussed  with  Member  States 
representatives  and  various  road  transport  stakeholders  in  the  context  of  cross-cutting  and 
specific meetings, held in Brussels and in the Member States. 

A common theme in the presented views was the need for a regulatory intervention in order to 
maintain a certain degree of connectivity as regards the carriage of goods and passengers by 
road.  When  it  comes  to  access  to  the  Union  road  haulage  and  passenger  transport  market, 
stakeholders  are  not  able  to  take  their  own  contingency  measures  in  order  to  mitigate  the 
harmful impact of the possible absence of a partnership agreement.  

Several  Member  States  have  in  particular  stressed  the  need  to  adopt  EU  level  contingency 
measures  in  order to  ensure basic connectivity between, on the one hand the Union and, on 
the other hand the United Kingdom in case of an absence of an agreement covering carriage 
of goods and passengers by road. They highlighted that the ECMT multilateral quota system 
does not represent a sufficient and adequate fall-back option considering its quantitative and 
qualitative limitations.  

It was also highlighted that the Interbus Agreement covers only occasional services and that 
no  adequate  fall-back  option  exists  for  regular  and  special  regular  services  considering  that 
the  Protocol  to  the  Interbus  Agreement  covering  regular  and  special  regular  passenger 
transport services is not expected to enter into force in time for the Union and for the United 
Kingdom.  The  particular  need  for  cross-border  coach  and  bus  services  between  Ireland  and 
the United Kingdom in respect of Northern Ireland was also highlighted.  

These comments have been given due consideration in the preparation of the proposal. 

• 

Collection and use of expertise 

Several forms of assessment of the consequences of the United Kingdom's withdrawal for the 
road transport sector were shared with the Commission by relevant stakeholders.  

These  assessments  conclude  that  the  only  fall-back  available  in  the  road  haulage  sector, 
namely the multilateral  quota system of the European Conference of Ministers of Transport 
(ECMT),  would  be  inadequate  to  cover  the  needs  of  the  sector.  The  shortage  of  permits 
available for 2021 would likely cause significant disruptions and the bilateral flow of goods 

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and  passengers  by  road  may  no  longer  be  fully  covered.  More  than  80%  of  road  haulage 
operations  between  the  United  Kingdom  and  the  Union  are  currently  being  carried  out  by 
hauliers established in the Union. It is in the interest of the Union to provide for a framework 
that does not unduly restrict bilateral road haulage operations.  

Stakeholders also insisted on the need to ensure the continuity of regular and special regular 
coach and bus services between the Union and the United Kingdom. 

• 

Impact assessment 

An impact assessment is not needed, due to the exceptional nature of the situation and limited 
needs of the period during which the change of status of the United Kingdom is implemented. 
No materially and legally different policy options are available other than the one proposed. 

• 

Fundamental rights 

This proposal has no consequence for the protection of fundamental rights.  

4. 

BUDGETARY IMPLICATIONS 

Not applicable.  

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable.  

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2020/0362 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on common rules ensuring basic road freight and road passenger connectivity following 
the end of the transition period mentioned in the Agreement on the withdrawal of the 
United Kingdom of Great Britain and Northern Ireland from the European Union and 
the European Atomic Energy Community 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee1,  
Having regard to the opinion of the Committee of the Regions2,  

Acting in accordance with the ordinary legislative procedure,  

Whereas: 

(1) 

The  Agreement  on  the  withdrawal  of  the  United  Kingdom  of  Great  Britain  and 
Northern Ireland (the ‘United Kingdom’) from the European Union and the European 
Atomic Energy Community (‘Withdrawal Agreement’)3 was concluded by the Union 
by Council Decision (EU) 2020/1354 and entered into force on 1 February 2020. The 
transition period referred to in Article 126 of the Withdrawal Agreement, during which 
Union law continues to apply to and in the United Kingdom in accordance with Article 
127 of that agreement, ends on 31 December 2020. On 25 February 2020, the Council 
adopted  Decision  (EU,  Euratom)  2020/266  authorising  the  opening  of  negotiations 
with the United Kingdom of Great Britain and Northern Ireland for a new partnership 
agreement.5  As  implied  by  the  negotiation  directives,  the  authorisation  covers  inter 
alia  the  elements  needed  to  address  comprehensively  the  road  transport  relationship 
with  the  United  Kingdom  after  the  end  of  the  transition  period.  However,  it  is 
uncertain  whether  an  agreement  between  the  Union  and  the  United  Kingdom 
governing their future relationship in the area of transport of goods and passengers by 
road will have entered into force from the end of that period. 

1 
2 
3 
4 

5 

OJ C , […], p. . 
OJ C , […], p. . 
OJ L 29, 31.1.2020, p.7. 
Council  Decision  (EU)  2020/135  of  30  January  2020  on  the  conclusion  of  the  Agreement  on  the 
withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and 
the European Energy Community (OJ L 29, 31.1.2020, p.1). 
OJ L 58, 27.2.2020, p. 53. 

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(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

At  the  end  of  the  transition  period,  and  in  the  absence  of  any  special  provision,  all 
rights  and  obligations  ensuing  from  Union  law  in  respect  of  market  access,  as 
established by Regulation (EC) No 1072/2009 of the European Parliament and of the 
Council6  and  Regulation  (EC)  No  1073/2009  of  the  European  Parliament  and  of  the 
Council7 would be ended, insofar as the relationship between the United Kingdom and 
the Union and its Member States is concerned. 

In  such  a  situation,  the  international  transport  of  goods  and  passengers  by  road 
between the Union and the United Kingdom will be severely disrupted. 

Gibraltar is not included in the territorial scope of this Regulation and any reference to 
the United Kingdom therein does not include Gibraltar. 

The multilateral  quota system of the European  Conference of Ministers of Transport 
(ECMT) is the only other available legal framework that could provide a basis for the 
carriage of goods by road between the Union and the United Kingdom. However, due 
to the limited number of permits currently available under the ECMT system and its 
limited scope as regards the covered types of road transport operations, the system is 
currently  inadequate  to  fully  address  the  road  freight  transport  needs  between  the 
Union and the United Kingdom. 

Serious disruptions are also expected to occur, including in respect of public order, in 
the context of road passenger transport services. After the end of the transition period, 
the Agreement on the international occasional carriage of passengers by coach and bus 
("Interbus  Agreement")  is  the  only  available  legal  framework  that  could  provide  a 
basis  for  the  carriage  of  passengers  by  bus  and  coach  between  the  Union  and  the 
United  Kingdom.  The  United  Kingdom  will  become  a  Contracting  Party  in  its  own 
right to the Interbus Agreement on 1 January 2021. However, the Interbus Agreement 
covers only occasional services and is, therefore, inadequate to address the disruptions 
related to  international  coach and bus  services  between the United  Kingdom  and the 
Union  ensuing  from  the  end  of  the  transition  period.  A  Protocol  to  the  Interbus 
Agreement  covering  regular  and  special  regular  passenger  transport  services  was 
negotiated  and  the  United  Kingdom  is  expected  to  ratify  it  as  soon  as  possible. 
However, it is not expected that the Protocol enters into force in time to offer a viable 
alternative  solution  for  the  period  immediately  after  the  end  of  the  transition  period. 
Therefore,  the  available  instruments  do  not  address  the  needs  of  regular  and  special 
regular services  of passenger transport by bus  and coach between the Union  and the 
United Kingdom. 

In order to prevent ensuing serious disruptions, including in respect of public order, it 
is therefore necessary to establish a temporary set of measures enabling road haulage 
operators and coach and bus service operators licensed in the United Kingdom to carry 
goods  and  passengers  by  road  between  the  United  Kingdom  and  the  Union,  or  from 
the territory of the United Kingdom to the territory of the United Kingdom transiting 
one  or  more  Member  States.  In  order  to  ensure  a  proper  equilibrium  between  the 
United Kingdom and the Union, the rights thus conferred should be conditional upon 
the  conferral  of  equivalent  rights  and  be  subject  to  certain  conditions  ensuring  fair 
competition. 

6 

7 

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 (OJ L 300, 14.11.2009, p. 72). 
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). 

EN 

9 

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(8) 

(9) 

(10) 

(11) 

Cross-border  coach  and  bus  services  between  Ireland  and  the  United  Kingdom  in 
respect of Northern Ireland are of particular importance for the communities living in 
the border regions, in view of ensuring basic connectivity between communities inter 
alia as part of the Common Travel Area. Therefore, the picking up and setting down of 
passengers by United Kingdom coach and bus service operators should continue to be 
authorised  in  the  border  regions  of  Ireland  in  the  course  of  international  passenger 
transport  services  by  coach  and  bus  between  Ireland  and  the  United  Kingdom  in 
respect of Northern Ireland. 

In order to reflect their temporary character, while not setting a precedent, the set of 
measures  provided  for  in  this  Regulation  should  apply  for  a  short  period  of  time.  In 
respect of road haulage operations, the limitation in time is made in view of possible 
arrangements  for  basic  connectivity  to  be  made  in  the  ECMT  system,  and  without 
prejudice to the entry into force of a future agreement governing the carriage of goods 
by  road  between  the  Union  and  the  United  Kingdom  and  future  Union  rules  on 
transport. As far as passenger transport by bus and coach is concerned, the limitation 
in time is made to allow the Protocol to the Interbus Agreement on regular and special 
regular services to enter into force and to apply to the United Kingdom, either by the 
United Kingdom’s ratification of or accession to that Protocol, and without prejudice 
to  a  possible  future  agreement  on  the  matter  between  the  Union  and  the  United 
Kingdom. 

In  accordance  with  the  principle  of  proportionality  set  out  in  Article  5  TEU,  this 
Regulation does not go beyond what is necessary in order to achieve that objective. 

In view of the urgency entailed by the end of the transition period referred to above, it 
is  appropriate  to  provide  for  an  exception  to  the  eight-week  period  referred  to  in 
Article 4 of Protocol No 1 on the role of national Parliaments in the Union, annexed to 
the  Treaty  on  European  Union,  to  the  Treaty  on  the  Functioning  of  the  European 
Union and the Treaty establishing the European Atomic Energy Community. 

(12)  This Regulation should enter into force as a matter of urgency and apply from the day 
following  the  end  of  the  transition  period  established  by  the  Withdrawal  Agreement 
unless an agreement governing road transport concluded with the United Kingdom has 
entered into force by that date. This Regulation should cease to apply as of the date of 
entry into force or on the date of provisional application of an international agreement 
governing road transport for both Parties. With the exception of the specific provisions 
applying  in  the  border  region  of  Ireland  in  the  course  of  international  regular  and 
special  regular  services  between  Ireland  and  the  United  Kingdom  in  respect  of 
Northern  Ireland,  the  right  to  conduct  regular  and  special  regular  coach  and  bus 
services should cease to apply on  the date of the entry into force for the Union and for 
the  United  Kingdom  of  the  Protocol  to  the  Interbus  agreement  regarding  the 
international  regular  and  special  carriage  of  passengers  by  coach  and  bus.  This 
Regulation should in any event cease to apply on 30 June 2021. 

(13)  Where necessary to address market needs, the power to adopt acts in accordance with 
Article 290 TFEU should be delegated to the Commission, to restore the equivalence 
of  rights  granted  by  the  Union  to  United  Kingdom  road  haulage  operators  and  to 
United  Kingdom  coach  and  bus  service  operators,  with  those  granted  by  the  United 
Kingdom  to  Union  road  haulage  operators  and  to  Union  coach  and  bus  service 
operators, including where the  rights  granted by  the United Kingdom  are granted on 
the  basis  of  the  Member  State  of  origin  or  otherwise  are  not  equally  available  to  all 

EN 

10 

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Union operators, and to remedy occurrences of unfair competition to the detriment of 
Union road haulage operators and of Union coach and bus service operators. 

(14)  The delegated acts should comply with the principle of proportionality, and their terms 
should therefore be commensurate to the problems raised through the failure to grant 
equivalent  rights  or  through  unfair  conditions  of  competition.  Suspension  of  the 
application  of  this  Regulation  should  be  envisaged  by  the  Commission  only  in  the 
most  severe  cases,  where  no  equivalent  rights  are  granted  to  Union  road  haulage 
operators  or  to  Union  coach  and  bus  service  operators  by  the  United  Kingdom  or 
where  the  rights  granted  are  minimal,  or  where  the  conditions  of  competition  for 
United  Kingdom  road  haulage  operators  or  United  Kingdom  coach  and  bus  service 
operators  differ  so  much  from  those  of  Union  operators  that  the  provision  of  the 
services in question by Union operators is, for them, not economically viable. 

(15)  When adopting the delegated acts, it is of particular importance that the Commission 
carry  out  appropriate  consultations  during  its  preparatory  work  including  at  expert 
level, and that those consultations be conducted in accordance with the principles laid 
down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making8. In 
particular,  to  ensure  equal  participation  in  the  preparation  of  delegated  acts,  the 
European  Parliament  and  the  Council  receive  all  documents  at  the  same  time  as 
Member  States'  experts,  and  their  experts  systematically  have  access  to  meetings  of 
Commission expert groups dealing with the preparation of delegated acts. It should be 
ensured that any such delegated act  does not  unduly affect  the proper  functioning of 
the internal market. 

(16)  To ensure that rights granted by the United Kingdom to Union road haulage operators 
and  to  Union  coach  and  bus  service  operators  equivalent  to  those  granted  by  this 
Regulation to United Kingdom road haulage operators and United Kingdom coach and 
bus  service  operators  are  equally  available  to  all  Union  operators,  the  scope  of 
Regulations  (EC)  No  1072/2009  and  (EC)  No  1073/2009  should  be  temporarily 
extended.  Those  Regulations  already  cover  the  part  of  a  journey  between  a  Member 
State and a third country on the territory of any Member State crossed in transit. It is, 
however, necessary to ensure, in such case, that Regulation (EC) No 1072/2009 also 
applies  to  the  part  of  the  journey  on  the  territory  of  the  Member  State  of  loading  or 
unloading, and that Regulation (EC) No 1073/2009 applies to the part of the journey 
on the territory of the Member State of picking up or setting down passengers. Such an 
extension aims at ensuring that Union operators can perform cross-trade operations to 
or  from  the  United  Kingdom,  as  well  as  additional  stops  in  their  operation  of 
passenger transport, 

HAVE ADOPTED THIS REGULATION: 

Article 1 
Scope 

This Regulation lays down temporary measures governing the carriage of goods by road, as 
well as the provision of regular and special regular passenger transport services by coach and 
bus between the Union  and the United  Kingdom of Great  Britain and  Northern  Ireland  (the 
"United Kingdom") following the end of the transition period referred to in Article 126 of the 
Withdrawal Agreement. 

8 

OJ L 123, 12.5.2016, p. 1. 

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11 

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Article 2 
Definitions 

For the purposes of this Regulation the following definitions apply: 

(1) 

"vehicle" means 

(a) 

in  respect  of  carriage  of  goods,  a  motor  vehicle  registered  in  the  United 
Kingdom, or a coupled combination of vehicles the motor vehicle of which at 
least is registered in the United Kingdom, used exclusively for the carriage of 
goods, either owned by the undertaking, having been bought by it on deferred 
terms  or  having  been  hired,  provided  that,  in  the  latter  case,  it  meets  the 
conditions  set  out  in  Directive  2006/1/EC  of  the  European  Parliament  and  of 
the Council9; 

(b) 

in respect of the transport of passengers, a bus or coach; 

(2) 

"permitted carriage of goods" means: 

(a) 

(b) 

a laden journey undertaken by a vehicle from the territory of the Union to the 
territory of the United Kingdom, or vice versa, with or without transit through 
one or more Member States or third countries; 

a  laden  journey  undertaken  by  a  vehicle  from  the  territory  of  the  United 
Kingdom  to  the  territory  of  the  United  Kingdom  with  transit  through  the 
territory of the Union; 

(c) 

an unladen journey in conjunction with the carriage referred to in points (a) and 
(b); 

(3) 

"permitted carriage of passengers by coach and bus" means: 

(a) 

(b) 

(c) 

(d) 

a journey undertaken by a bus or coach to provide passenger transport from the 
territory  of  the  Union  to  the  territory  of  the  United  Kingdom,  or  vice  versa, 
with or without transit through one or more Member States or third countries; 

a journey undertaken by a bus or coach to provide passenger transport from the 
territory  of  the  United  Kingdom  to  the  territory  of  the  United  Kingdom  with 
transit through the territory of the Union; 

a journey without carrying passengers in conjunction with the carriage referred 
to in points (a) and (b); 

the picking up and setting down of passengers in the border region of Ireland in 
the course of international regular and special regular services between Ireland 
and the United Kingdom in respect of Northern Ireland; 

"border  region  of  Ireland"  means  the  counties  of  Ireland  adjoining  the  land  border 
between Ireland and the United Kingdom in respect of Northern Ireland; 

"Union  road  haulage  operator"  means  an  undertaking,  engaged  in  the  carriage  of 
goods by road, which holds a valid Community licence, in accordance with Article 4 
of Regulation (EC) No 1072/2009; 

"United  Kingdom  road  haulage  operator"  means  an  undertaking  established  in  the 
United Kingdom which is permitted to engage in the carriage of goods by road and 

Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of 
vehicles hired without drivers for the carriage of goods by road (OJ L 33, 4.2.2006, p. 82). 

(4) 

(5) 

(6) 

9 

EN 

12 

  EN 

                                                 
(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

(13) 

(14) 

holds  a  valid  licence  issued  for  the  purposes  of  international  carriage  in  respect  of 
permitted carriage of goods; 

“United  Kingdom  licence”  means,  when  issued  to  a  United  Kingdom  road  haulage 
operator,  a  licence  issued  by  the  United  Kingdom  for  the  purposes  of  international 
carriage  in  respect  of  permitted  carriage  of  good,  and,  when  issued  to  a  United 
Kingdom  coach  and  bus  service  operator,  a  licence  issued  by  the  United  Kingdom 
for  the  purposes  of  international  carriage  in  respect  of  a  permitted  carriage  of 
passengers by coach and bus; 

"bus or coach" means a vehicle registered in the United Kingdom, which is, by virtue 
of  its  construction  and  equipment,  suitable  and  intended  to  carry  more  than  nine 
passengers including the driver; 

"regular  services"  means  services  which  provide  for  the  carriage  of  passengers  at 
specified intervals along specified routes, passengers being picked up and set down 
at predetermined stopping points; 

"special regular services" means regular services, regardless of who organises them, 
which provide for the carriage of specified categories of passengers, to the exclusion 
of other passengers; 

"Union  coach  and  bus  service  operator"  means  an  undertaking  engaged  in  the 
carriage of passengers by coach and bus which holds a valid Community licence in 
accordance with Article 4 of Regulation (EC) No 1073/2009; 

"United Kingdom coach and bus service operator" means an undertaking established 
in  the  United  Kingdom  and  which  is  permitted  to  engage  in  the  carriage  of 
passengers  by  coach  and  bus  and  holds  a  valid  licence  for  the  purposes  of 
international carriage in  respect of a permitted carriage of passengers by coach and 
bus; 

"operator" means either a road haulage operator or a coach and bus service operator; 

"competition  law"  means  any  law  which  addresses  the  following  conduct,  where  it 
could affect road freight transport services or coach and bus services: 

(a) 

conduct that consists in: 

(i) 

agreements  between  road  haulage  operators  or  coach  and  bus  service 
operators,  respectively,  decisions  by  associations  of  road  haulage 
operators or by coach and bus service operators, and concerted practices 
which  have  as  their  object  or  effect  the  prevention,  restriction  or 
distortion of competition; 

(ii) 

abuses by one or more road haulage operators, or coach and bus service 
operators, of a dominant position; 

(iii)  measures taken or maintained in force by the United Kingdom in the case 
of  public  undertakings  and  undertakings  to  which  the  United  Kingdom 
grant special or exclusive rights and which are contrary to point (i) or (ii);  

(b) 

concentrations  between  road  haulage  operators  or  coach  and  bus  service 
operators,  respectively,  which  significantly  impede  effective  competition,  in 
particular as a result of the creation or strengthening of a dominant position; 

(15) 

"subsidy" means any financial contribution granted to an operator by the government 
or any other public body at any level, conferring a benefit, and including: 

EN 

13 

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(a) 

the  direct  transfer  of  funds,  such  as  grants,  loans  or  equity  infusion,  the 
potential direct transfer of funds, and the assumption of liabilities, such as loan 
guarantees,  capital  injections,  ownership,  protection  against  bankruptcy  or 
insurance; 

(b) 

the foregoing or non-collection of revenue that is otherwise due; 

(c) 

(d) 

the  provision  of  goods  or  services  other  than  general  infrastructure,  or  the 
purchase of goods or services;  

the making of payments to a funding mechanism or entrustment or direction to 
a private body to  carry  out  one or more of the  functions referred to  in  points 
(a),  (b)  and  (c)  which  would  normally  be  vested  in  the  government  or  other 
public  body  and  the  practice  in  no  real  sense  differs  from  practices  normally 
followed by governments; 

no  benefit  is  deemed  to  be  conferred  by  a  financial  contribution  made  by  a 
government  or  other  public  body  if  a  private  market  operator  solely  driven  by  the 
prospect of profit, in the same situation as the public body in question, would have 
made the same financial contribution; 

(16) 

"independent  competition  authority"  means  an  authority  which  is  in  charge  of  the 
application and enforcement of competition law as well as the control of subsidies, 
and fulfils the following conditions: 

(a) 

(b) 

the  authority  is  operationally  independent  and  is  appropriately  equipped  with 
the resources necessary to carry out its tasks; 

in  performing  its  duties  and  exercising  its  powers,  the  authority  has  the 
necessary guarantees of independence from political or other external influence 
and it acts impartially;  

(c) 

the decisions of the authority are subject to judicial review; 

(17) 

"discrimination" means differentiation of any kind without objective justification in 
respect  of  the  supply  of  goods  or  services,  including  public  services,  employed  for 
the  operation  of  road  freight  transport  services  or  of  coach  and  bus  services,  or  in 
respect of their treatment by public authorities relevant to such services; 

(18) 

"territory of the Union" means the territory of the Member States to which the TEU 
and the TFEU apply and under the conditions laid down in those Treaties. 

Article 3 
Right to conduct permitted carriage of goods 

1. 

2. 

United Kingdom road haulage operators may, under the conditions laid down in this 
Regulation, conduct permitted carriage of goods. 

Permitted carriage of goods of the following kinds may be conducted by natural or 
legal persons established in the United Kingdom, without a licence being required: 

(a) 

carriage of mail as a universal service; 

(b) 

carriage of vehicles which have suffered damage or breakdown; 

(c) 

carriage  of  goods  in  motor  vehicles  the  permissible  laden  mass  of  which, 
including that of trailers, does not exceed 3,5 tonnes; 

EN 

14 

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(d) 

carriage  of  medicinal  products,  appliances,  equipment  and  other  articles 
required for medical care in emergency relief, in particular for natural disasters; 

(e) 

carriage of goods provided that: 

(i) 

(ii) 

the goods carried are the property of the undertaking or have been sold, 
bought,  let  out  on  hire  or  hired,  produced,  extracted,  processed  or 
repaired by the undertaking; 

the  purpose  of  the  journey  is  to  carry  the  goods  to  or  from  the 
undertaking or to move them, either inside or outside the undertaking for 
its own requirements; 

(iii)  motor vehicles used for such carriage are driven by personnel employed 
by,  or  put  at  the  disposal  of,  the  undertaking  under  a  contractual 
obligation; 

(iv) 

the vehicles carrying the goods are owned by the undertaking, have been 
bought by it on deferred terms or have been hired, provided that, in the 
last case, they meet the conditions set out in Directive 2006/1/EC; and 

(v) 

such  carriage  is  no  more  than  ancillary  to  the  overall  activities  of  the 
undertaking. 

Article 4 
Right to conduct regular and special regular coach and bus services 

United  Kingdom  coach  and  bus  service  operators  may,  under  the  conditions  laid 
down in this Regulation, conduct permitted carriage of passengers by coach and bus 
constituting regular and special regular services. 

United  Kingdom  coach  and  bus  service  operators  shall    be  in  possession  of  an 
authorisation issued prior to the date of application of this Regulation in accordance 
with Articles 6 to 11 of Regulation (EC) No 1073/2009 to conduct permitted regular 
and special regular coach and bus services for hire and reward. 

The authorisations that remain valid under paragraph 2 of this Article may continue 
to be used for the purposes specified in paragraph 1 of this Article if they have been 
renewed under the same terms and conditions, or altered only in terms of stops, fares 
or schedule, and subject to the rules and procedures of Articles 6 to 11 of Regulation 
(EC) No 1073/2009 for a period of validity not extending beyond 30 June 2021. 

Permitted  carriage  of  passengers  by  coach  and  bus  carried  out  by  natural  or  legal 
persons  established  in  the  United  Kingdom  for  non-commercial  and  non-profit-
making purposes may be conducted without a licence being required, where: 

(a) 

(b) 

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

the vehicles used are the property of that natural or legal person or have been 
obtained by that person on deferred terms 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,  by  the  natural  person  himself,  or  by  personnel  employed  by,  or 
put at the disposal of, the undertaking under a contractual obligation. 

Those transport operations shall be exempt from any system of authorisation within 
the Union, provided the person carrying out the activity is in possession of a national 
authorisation  issued  prior  to  the  first  day  of  application  as  set  out  in  the  first 

1. 

2. 

3. 

4. 

EN 

15 

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subparagraph of Article 12(2) of this Regulation  in accordance with Article 3(2) of 
Regulation (EC) No 1073/2009. 

5. 

A change of vehicle, or an 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. 

Article 5 
Bilateral agreements or arrangements 

The  Member  States  shall  neither  negotiate  nor  enter  into  any  bilateral  agreements  or 
arrangements with the United Kingdom on matters falling within the scope of this Regulation.  

Without prejudice to existing multilateral arrangements, they shall not otherwise grant United 
Kingdom  road  haulage  operators,  or  United  Kingdom  coach  and  bus  service  operators  any 
rights other than those granted in this Regulation. 

Article 6 
Social and technical rules 

In the course of a permitted carriage of goods or passengers by coach and bus in accordance 
with this Regulation, the following rules shall be complied with: 

(a) 

(b) 

(c) 

(d) 

in respect of mobile workers and self-employed drivers, the requirements laid 
down  by  Member  States  in  accordance  with  Directive  2002/15/EC  of  the 
European Parliament and of the Council10; 

in  respect  of  certain  social  legislation  relating  to  road  transport,  the 
requirements  set  out  in  Regulation  (EC)  No  561/2006  of  the  European 
Parliament and of the Council11; 

in  respect  of  tachographs  in  road  transport,  the  requirements  set  out  in 
Regulation  (EU)  No 165/2014  of  the  European  Parliament  and  of  the 
Council12; 

in respect of drivers' initial qualification and periodic training, the requirements 
laid down by Member States in accordance with Directive 2003/59/EC of the 
European Parliament and the Council13; 

10 

11 

12 

13 

Directive  2002/15/EC  of  the  European  Parliament  and  of  the  Council  of  11  March  2002  on  the 
organisation  of  the  working  time  of  persons  performing  mobile  road  transport  activities  (OJ  L  80, 
23.3.2002, p. 35). 
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 L 
102, 11.4.2006, p. 1). 
Regulation  (EU)  No  165/2014  of  the  European  Parliament  and  of  the  Council  of  4 February 2014  on 
tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment 
in  road  transport  and  amending  Regulation  (EC)  No 561/2006 of  the  European  Parliament  and  of  the 
Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, 
p. 1). 
Directive  2003/59/EC  of  the  European  Parliament  and  of  the  Council  of  15  July  2003  on  the  initial 
qualification  and  periodic  training  of  drivers  of  certain  road  vehicles  for  the  carriage  of  goods  or 
passengers,  amending  Council  Regulation  (EEC)  No  3820/85  and  Council  Directive  91/439/EEC  and 
repealing Council Directive 76/914/EEC (OJ L 226, 10.9.2003, p. 4). 

EN 

16 

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(e) 

(f) 

(g) 

(h) 

in respect of the maximum authorised dimensions and weights of certain road 
vehicles,  the  requirements  laid  down  by  Member  States  in  accordance  with 
Council Directive 96/53/EC14; 

in  respect  of  the  installation  and  use  of  speed  limitation  devices  for  certain 
categories of motor vehicles, the requirements laid down by Member States in 
accordance with Council Directive 92/6/EEC15; 

in respect of the compulsory use of safety belts and child restraint systems in 
vehicles,  the  requirements  laid  down  by  Member  States  in  accordance  with 
Council Directive 91/671/EEC16; 

in  respect  of  the  posting  of  workers,  the  requirements  laid  down  by  Member 
States in accordance with Directive 96/71/EC of the European Parliament and 
of the Council17; 

(i) 

in respect of passenger rights, the requirements set out in Regulation (EU) No 
181/2011 of the European Parliament and of the Council18. 

Article 7 
Equivalence of rights 

The Commission shall monitor the rights  granted by the United Kingdom to Union 
road  haulage  operators  and  to  Union  coach  and  bus  service  operators  and  the 
conditions for their exercise. 

Where the Commission determines that the rights granted by the United Kingdom to 
Union road haulage operators or to Union coach and bus service operators are not, de 
jure or de facto, equivalent to those granted to United Kingdom operators under this 
Regulation,  or  that  those  rights  are  not  equally  available  to  all  Union  road  haulage 
operators or to all Union coach and bus service operators, it shall, without delay and 
in order to restore equivalence, adopt delegated acts in accordance with Article 11 to: 

(a) 

(b) 

suspend the application of Article 3(1) and (2) or Article 4(1) to (4) where no 
equivalent  rights  are  granted  to  Union  operators,  or  where  the  rights  granted 
are minimal; 

establish  limits  to  the  allowable  capacity  available  to  United  Kingdom  road 
haulage  operators,  or  United  Kingdom  coach  and  bus  service  operators,  or  to 
the number of journeys, or to both; or 

(c) 

adopt  operational  restrictions  related  to  the  types  of  vehicles  or  conditions  of 
circulation. 

Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the 
Community the maximum authorized dimensions in national and international traffic and the maximum 
authorized weights in international traffic (OJ L 235, 17.9.1996, p. 59). 
Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices 
for certain categories of motor vehicles in the Community (OJ L 57, 2.3.1992, p. 27). 
Council Directive 91/671/EEC of 16 December 1991 relating to the compulsory use of safety belts and 
child-restraint systems in vehicles (OJ L 373, 31.12.1991, p. 26). 
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 services (OJ L 18, 21.1.1997, p. 1). 
Regulation  (EU)  No  181/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
concerning  the  rights  of  passengers  in  bus  and  coach  transport  and  amending  Regulation  (EC)  No 
2006/2004 (OJ L 55, 28.2.2011, p. 1). 

1. 

2. 

14 

15 

16 

17 

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Article 8 
Fair competition 

1. 

2. 

The Commission shall monitor the conditions under which Union operators compete 
with  United  Kingdom  operators  for  the  provision  of  road  freight  transport  services 
and coach and bus services covered by this Regulation. 

Where the Commission determines that, as a result of any of the situations referred to 
in paragraph 3 of this Article, the conditions referred to in paragraph 1 of this Article 
are appreciably less favourable than those enjoyed by United Kingdom operators, it 
shall,  without  delay  and  in  order  to  remedy  that  situation,  adopt  delegated  acts  in 
accordance with Article 11 to: 

(a) 

suspend the application of Article 3(1) and (2) or Article 4(1) to (4) where the 
conditions  of  competition  for  United  Kingdom  road  haulage  operators,  or 
United  Kingdom  bus  and  coach  service  operators,  differ  so  much  from  those 
applying  to  Union  operators  that  the  provision  of  services  by  the  latter  is  not 
economically viable for them; 

(b) 

establish  limits  to  the  allowable  capacity  available  to  United  Kingdom  road 
haulage  operators,  or  United  Kingdom  bus  and  coach  service  operators,  or  to 
the number of journeys, or to both; or 

(c) 

adopt  operational  restrictions  related  to  the  types  of  vehicles  or  conditions  of 
circulation. 

3. 

The delegated acts referred to in paragraph 2 shall, under the conditions specified in 
that paragraph, be adopted to remedy the following situations: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

the granting of subsidies by the United Kingdom ; 

failure  by  the  United  Kingdom  to  have  in  place  or  to  effectively  apply 
competition law; 

failure  by  the  United  Kingdom  to  establish  or  maintain  an  independent 
competition authority; 

the  application  by  the  United  Kingdom  of  standards  on  the  protection  of 
workers,  safety,  security  or  the  environment  which  are  inferior  to  those  laid 
down  in  Union  law  or,  in  the  absence  of  relevant  provisions  in  Union  law, 
inferior  to  those  applied  by  all  Member  States  or,  in  any  event,  inferior  to 
relevant international standards; 

the application by the United Kingdom of standards relating to the granting of 
licences to road haulage operators or to coach and bus service operators which 
are inferior to those laid down in Regulation (EC) No 1071/2009; 

the application by the United Kingdom of standards relating to the qualification 
and  training  of  professional  drivers  which  are  inferior  to  those  laid  down  in 
Directive 2003/59/EC; 

the application by the United Kingdom of road charging and taxation rules that 
diverge  from  the  rules  laid  down  in  Directive  1999/62/EC  of  the  European 
Parliament and of the Council19; and 

(h) 

any form of discrimination against Union operators. 

19 

Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging 
of heavy goods vehicles for the use of certain infrastructures (OJ L 187, 20.7.1999, p. 42). 

EN 

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4. 

1. 

2. 

1. 

2. 

1. 

2. 

3. 

For the purposes of paragraph 1, the Commission may request information from the 
competent  authorities  of  the  United  Kingdom  or  from  United  Kingdom  operators. 
Where  they  do  not  provide  the  information  requested  within  the  reasonable  period 
prescribed by the Commission, or provide incomplete information, the Commission 
may proceed in accordance with paragraph 2. 

Article 9 
Extension of Regulations (EC) No 1072/2009 and (EC) No 1073/2009 

In  the  context  of  the  carriage  of  goods  between  the  territory  of  the  Union  and  the 
territory  of  the  United  Kingdom  undertaken  by  a  Union  road  haulage  operator  that 
relies  on  rights  granted  by  the  United  Kingdom,  as  referred  to  in  Article  7  of  this 
Regulation,  equivalent  to  those  granted  under  this  Regulation,  Regulation  (EC)  No 
1072/2009 shall apply to the part of the journey on the territory of the Member State 
of loading or unloading. 

In the context of the carriage of passengers between the territory of the Union and the 
territory  of  the  United  Kingdom  undertaken  by  a  Union  coach  and  bus  service 
operator that relies on rights granted by the United Kingdom, as referred to in Article 
7  of  this  Regulation,  equivalent  to  those  granted  under  this  Regulation,  Regulation 
(EC)  No  1073/2009  shall  apply  to  the  part  of  the  journey  on  the  territory  of  the 
Member State of picking up or setting down. 

Article 10 
Consultation and cooperation 

The competent authorities of the Member States shall consult and cooperate with the 
competent  authorities  of  the  United  Kingdom  as  necessary  in  order  to  ensure  the 
implementation of this Regulation. 

Member  States  shall,  upon  request,  provide  the  Commission,  without  undue  delay, 
any  information  obtained  pursuant  to  paragraph  1  of  this  Article  or  any  other 
information relevant for the implementation of Articles 7 and 8. 

Article 11 
Exercise of the delegation 

The  power  to  adopt  delegated  acts  referred  to  in  Articles  7(2)  and  8(2)  shall  be 
conferred on the Commission until 30 June 2021. 

Before  adopting  a  delegated  act  under  Article  7(2)  or  8(2),  the  Commission  shall 
consult  experts  designated  by  each  Member  State  in  line  with  the  principles  laid 
down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

Article 12 
Entry into force and application 

1. 

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

EN 

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2. 

3. 

This Regulation shall apply from the day following that on which Union law ceases 
to  apply  to  and  in  the  United  Kingdom  pursuant  to  Articles  126  and  127  of  the 
Withdrawal Agreement. 

However  it  shall  not  apply  if  an  international  agreement  governing  road  transport, 
concluded between the Union and the United Kingdom, has entered into force by that 
date. 

This  Regulation  shall  cease  to  apply  on  the  date  of  entry  into  force,  or  as  the  case 
may  be,  on  the  date  of  provisional  application,  of  an  international  agreement 
governing road transport, concluded between the Union and the United Kingdom. 

With  the  exception  of  the  carriage  of  passengers  by  coach  and  bus  referred  to  in 
Article  2(3)(d),  the  provisions  of  this  Regulation  applying  to  the  carriage  of 
passengers by coach and bus shall cease to apply on the date of the entry into force 
for the Union and for the United Kingdom of the Protocol to the Interbus agreement 
regarding  the  international  regular  and  special  carriage  of  passengers  by  coach  and 
bus. 

4. 

This Regulation shall in any case cease to apply at the latest on 30 June 2021. 

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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