CELEX: 51977PC0562
Language: en
Date: 1977-11-14
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 517/72 the introduction of common miles for regular and special regular services by coach and bus between Member States (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 562
Vol. 1977/0184
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(77 ) 562 final .
                                                  Brussels , 14 November 1977
    i                         «
                                Proposal for a
                         COUNCIL REGULATION ( EEC )
  amending         . Regulation (EEC ) No 517/ 72
   the introduction of common miles for regular and special regular
             services "by coach and "bus "between Member States
              ( submitted to the Council by the Commission)
 COM(77 ) 562 final .
 ---pagebreak--- EXPLAITATOHT I®10RMra
On 28 February 1972 , "the Council adopted Regulation ( EEC ) No 517/72 on
the introduction of common rules for regular and special regular services
by coach and "bus between the Member States^ *   This Regulation came into
force in the original Member States on 1 January 1973 and , in conformity
with its Article 23(b)2 , on 1 July 1973 in "the new Member States .
In the light of the experience gained in applying this Regulation and the
convincing nature of various suggestions made by the Member States , there
is reason to amend some of its provisions .
These amendments apply to the provisions of Articles 12 , 15 and 1 6 of the
abovementioned Regulation.
  OJ No L 67 of 20 March 1972 , page 19-
 ^OJ No L 265 of 24 November 1972 , page 7«
 ---pagebreak--- Article 12
Paragraph   4   of "this Article stipulates that copies :
( a)  of applications for setting up a regular or special regular service ,
(b)   of applications for renewal of an authorization or for modification
      of the conditions to which operation of such a service is subject ,
( c ) of notifications that a service is being discontinued , and
( d ) of the documents referred to in paragraph 3 of Article 12 shall be
sent to the Member States whose territory is used "by the service in
question and to the Commission .
Ifcr virtue of Article 16(3 ) the Commission also receives copies of the
decisions taken by the Member State to which the applications are made .
Since this gives the Commission sufficient information about the
development of the market in regular and special regular services , it
takes the view that the Member States need not send it copies of these
applications .
Article 12     shall be amended accordingly .
Article 15
Article 15     of Regulation (EEC ) Ho 517/ 72 stipulates that "the Commission
shall each year send a report on the operation of this Regulation to the
Council".     It was in conformity with this provision that the Commission
sent the Council the report for 1973 under cover of a letter dated
22 July 1975 .
 ---pagebreak--- During the preparatory work which the Commission initiated with a view
to drawing tip the 1974 report and, more particularly, at meetings with
the Member States , the delegations stressed that , in relation to
the situation existing before implementation of Regulation ( EEC ) Ho 517/72 ,
there had "been no notable changes as regards adaptation of carrying
capacity to demand, protection of the services in question againBt
unfair competition or, indeed, in the improvement of cooperation
between undertakings .   For, t<ahile eliminating some small
divergences and establishing tmiform procedures, the Regulation
incorporated the principles already applied at national level .
Under these circumstances and in view of the substantial administrative
workload involved in drawing up this report , it would be appropriate
for the Commission to depart from the system of drawing up an
annual report , as set out in Article 15 of Regulation ( EEC ) No 517/72,
and draw up a triennial report instead.
An appropriate amendment of the aforementioned Article 15 is therefore
proposed.
Article 16
Some Member States have informed the Commission that + he procedure
provided for in Articles 12 and 16 in respect of applications for
launching a regular or special regular service and the issue of
authorizations is likely to oause difficulties 5n some cases .     This
is true when it is a matter of setting up services intended to meet
urgent transport requirements;    the procedure in question often does
not allow decisions to be taken, with the speed necessary for
responding to the requirements of the moment .
 ---pagebreak---                                    - 4 -
The same applies to applications for modification of the conditions
 subject to which a service is operated and applications for renewal
 of an authorizations   when objections are raised to such applications
"by other carriers , the relevant authority may not make a decision
until the authorization in question has expired.
The abovementioned Member States take the view that such problems
 could be resolved by issuing provisional authorizations , valid for
a fairly short period and renewable without waiting for the
conclusion of the procedure provided for in Articles 13 , 14 and 16
 of the Regulation.    They specifIcy that such provisional
authorizations should not give their recipients any right to a
 definitive authorization .
The Commission acknowledges the merits of these suggestions , but ,
 as other Member States take the view that the existing procedure is
adequate for dealing with the cases in question, a flexible solution
must be found.     The Commission therefore proposes that the Member
 States be empowered to agree at the bilateral or multilateral level
 on measures allowing the issue of provisional authorizations when it
 has been established that urgent transport requirements cannot be
 met by existing services or when the decision to renew an
 authorization cannot , for procedural reasons , be taken in good time .
 ---pagebreak---                                  Proposal for a
                          COUNCIL REGULATION ( EEC)
          amanding          Regulation ( EEC) No 517/72 of
          on the introduction of common rules for regular and Bpeoiaj.
          regular services lay coach and bus-between Member States
TKE COUNCIL CF THE EUROPEAN COMMUNITIES,
Having regard to tilt Treaty establishing the European Economic Community,
and in particular Article 75 thtvoof ,
 Having regard to the proposal from the -^amission,
 Having regard to the Opinio^ of the European ^rliament ,
  Having regard to the Opinion of the Economic and Sociy.7. Committee,
  Whereas it is necessary to simplify the procedure under in Article 12(4)
 .ox ^.ouxxoil Regulation ( EEC ) No 517/72 of 28 February 1972 on the introduction
  of common rules for regular and special regular and special regular services
  by coach and bus between Member States'*", by removing the obligation to send
  to the Commission copies of the applications and notifications referred to in
  Article 1^(3 ); whereas this obligation is even I6ss necessary since , under
  Article 16(3), the Commission also receives copies of the decisions taken
  by the Member State to which the applications are made ;
  Whereas Regulation ( EEC ) NO 517/72 has not . substantially changed the
  economic situation of the market in regular service and speoial regular
   services ; whereas the annual report on the operation of the said Regulation
  may accordingly be replaced by a triennial reports
  10J No L 67, 20.3.1972, p.19
 ---pagebreak---                                        - 2 -
    Whereas, in order to set up -regular services or special regular services to meet
    urgent transport requirements ,
    Member States should have the power to agree among themselves to issue provisional
    authorizations without waiting for , the normal procedure to "be completed
    and without prejudic to the final deoision ,
    HAS ADOPTED THIS REGULATION:
                                    Sole Article
    Regulation ( EEC ) No 517/72 is hereby amended as follows :
1 * Article 12(4) shall read as follows :
    "4.    The Member State' referred to in paragraph 2 shall forward to
    the Member States over whose territory the service concerned is to pass
    a copy of each application and notification referred to in that
    paragraph , together with copies of the documents attached in accordance
    with paragraph 3 ."
2 . In Article 15 the words "each year" shall :     read        "every
    three years".
3 . There shall be inserted after Article 16 the following Article 16a :
                                "Article 16a
    1 . The Member State referred to in Article 12(2) shall , after reaching
    agreement with the other Member States concerned, issue a provisional
    authorization,
    ( i) when the immediate creation of a regular service or special regular
          service is essential because of unforeseeable circumstanoes
        , or force majeure and where transport requirement s cannot be
          met by existing services, or
 ---pagebreak--- ( ii ) when a decision on an application for renewal of an authorization
        or a variation , of the conditions subject to which a eerv2.ce.
        i.B operated ■•ar'Aotp in partioulsx because of objections raised "by
        other interested :,:.rriers, he taken before the authorization
         expires .
  2 . The provisional authorisation v^#ll not prejudice the decision to
  be taken on the application in qu9S \ •*. .which decision       shall "be
  taken under         of Article 16 .
   3 . The provisional authorization shall not bt. valid for more than _
   six months .    However, it may he renewed on the
   same terms          j and for a single period of the same      length .
   If, after the expiration of these periods ther has hot been a positive
   decision under the procedure referred to- in Articles 12(4), 13 , 14
   and 16, the service provided for in paragraph 1 may no longer be
   operat ed.
   4. The Member State referred to in Article 12(2) shall forward a
   copy of the provisional authorization to the other Member States
   concerned. M
   This Regulation shall be binding in its entirety and directly
    applicable in all Member States .
    Done at Brussels .                            Por "the Council
                                                  The President