CELEX: 51982PC0577
Language: en
Date: 1982-09-22
Title: Proposal for a COUNCIL REGULATION (EEC) on measures implementing the agreement on the international carriage of passengers by road by means of occasional coach and bus services (ASOR) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
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COM (82) 577
Vol. 1982/0182
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                COM(82)577 final
                                                                Brussels, 22 September 1982
                                                   Proposal for a
                                               COUNCIL REGULATION ( EEC )
                 on measures implementing the agreement on the international carnage
                 of passengers by road by means of occasional coach and bus services
                                                      ( ASOR )
                                             -
         r-.:/        .
                       (submitted to the Council by the Commission )
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C0MC82 )  577 final
 ---pagebreak---  EXPLANATORY MEMORANDUM
The European Economic. Community hasi. cope Luded with Austria , Finland ,
Norway / Portugal , Spa*in , Sweden ,4 Switzerland and Turkey an Agreement
on the International Carriage of Passengers by Road by means of Occasional
Coecháaihà feúsí Serv.i i&si (ft$OR ) 1 i *' i Í ~ * i
              r „.    rrrt TTT . T \ i i ■ ? ; ty -        ■;
                                        • V
To bring the ASOR into force in the European Economic Community, a
Regulation containing measures to implement this Agreement needs to be
drawn up , in order to ensure that :- ■
(i)     the concept of the competent authorities in the European Economic
        Community is specified ;
Cii )   the Member States are called upon to adopt the measures needed to
        implement the ASOR ;
( iii ) procedures are established to deal with :
        ( a ) cases of infringement of the provisions of the ASOR ;
        ( b ) difficulties encountered in ,the operation of the ASOR or of
              measures taken in accordance with - Article' 13 thereof ;
        ( c ) cases where the ASOR has to be " revised or terminated ;
( iv )  the communications to be made "by -the Commission and by the Member
        States and the information to be provided by the Commission are
        laid down .
For the details of the proposal , reference should be made to the
attached proposal for a Regulation .
 ---pagebreak---                                            Proposal for a
                                       COUNCIL REGULATION
                             ON MEASURES IMPLEMENTING THE AGREEMENT
                             ON THE INTERNATIONAL CARRIAGE OF PASSENGERS
                             BY ROAD BY MEANS OF OCCASIONAL COACH AND
                             BUS SERVICES ( ASOR )
            THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
            Having regard to the Treaty establishing the European Economic Community ,
            and in particular Article 75 thereof .
            Having regard to the proposal from the Commission ,
            Having regard to the opinion of the European Parliament ,
            Having regard to the opinion of the Economic and Social Committee ,
                                                                     1
            Whereas, pursuant to Council Decision 82 / 505 / EEC , the Community has
            concluded               the Agreement on the International Carriage of Passengers
            by Road by means of Occasional Coach and Bus Services ( ASOR)'"; whereas that
            Agreement therefore applies to such services between the Community and the
            other Contracting Parties which have ratified it
            Whereas Article 13 of the ASOR provides that the Contracting Parties shall
            adopt the measures required to implement           the Agreement ;
             Whereas , in order to implement the ASOR in the European Economic Community ,
                      powers of theCounc i I f "the Cerrupi ssion an^     Member States should
            be specified ;
             Whereas the principle embodied in Article 14 ( 2 )
            of the ASOR , that the competent authorities shall inform each other of infrin­
            gements committed on their territory by a carrier established on the terri­
            tory of another Contracting Party and of any penalties imposed, should also
            apply to infringements of the ASOR committed on the territory of a Member
            State by a carrier established in another Member State ,
            HAS ADOPTED THIS REGULATION :
(')   On 1 July 1982 the Contracting Parties to the ASOR were : the European Economic
      Community, Austria , Finland , Norway, Portugal , Spain , Sweden , Switzerland and
      T urkey .
      0 J No L 230 , 5.8.1982 , p . 38
    2 0J No L 230, 5.8.1982 , p . 39
 ---pagebreak---                                Article 1
The competent authorities referred to in Articles 2(2 ), 4(4 ), 6 , 10,
13(1 ) and 14 of the ASOR shall be the competent authorities in the
Member States .   Those authorities shall , where approoriate , designate
the agencies referred to in Article 6 of the ASOR
                               Arti c le £.
The transport authorization to which the occasional services referred to
in Article 2(1 ) ( c ) of the ASOR may be made subject in accordance with
Article 5(3 ), where the conditions laid down in Article 5(2 ) are not
satisfied , shall be issued by the competent authorities in the Member
State concerned .
                               Art i c le 3
The model document with stiff green covers and containing the text "* the
cover page recto verso of the control document in each official Language
of all the Contracting Parties , referred to in Article 11 of the ASOR ,
shall bte distributed        .by the competent authorities in the Member
State where the vehicle is registered or by a duly authorized agency .
 ---pagebreak---                                - 2 -
                             Article /
The measures required to implement the ASOR ,       and    referred to
in Article 13(1 ) thereof , shall be    adopted by the competent authorities in
 the Member States .
                             Arti c le 5
  Where the competent authorities in the Member States come to an agreement
  with the competent authorities of the other Contracting Parties to the ASOR
  that , in accordance with the provisions of Article 10 thereof, the list of
  passengers need not be drawn up, the Member States concerned shall
  the Commission .
                             Artide    6
  The competent authorities in the Member States shall inform each other
  of the infringements of the ASOR committed in their territory by carriers
  established in another Member State and of any penalty imposed .
 ---pagebreak---                                - 3 -
                             Artide    7
1 . The Commission shall inform the Member States of any declaration made
    pursuant to Article 17(1 ) of the ASOR by a Contracting Party when
    signing the ASOR, that such Contracting Party does not consider itself
    bound by Article 5(2)(b ) of the ASOR .
2 . The Commission shall also inform the Member States of any withdrawal
    of such a declaration in accordance with Article 17(2 ) of the ASOR .
                            Article    8
1 . If a Member State encounters difficulties in the operation of the
    ASOR or  in implementinq the measures taken under Article 13 uMereof ,
    it shall so inform the Commission and the other Member States .
    The Commission shall cbrry out an examination and shall consult the
    Member States concerned regarding possible solutions .
2 . Where appropriate , the Commission shall request that a meeting of
    the Contracting Parties be convened in accordance with Article 16(1 )
    of the ASOR .
3 . Where the Commission is informed by the Secretariat of the     European Confer­
    ence of Ministers of Transport ( ECMT ) that another Contracting Party has
    requested that a meeting of the Contracting Parties be convened in accordance
    with Article 16(1 ) of the ASOR , the procedure set out in the second sub-
    naraqraph of paragraph 1 shall apply .
 ---pagebreak---                                   - L -
                               Artide   9
 1 . If a Member State considers it necessary to revise the ASOR , it shall
      submit a reasoned request to the Commission and shall inform the
      other Member States thereof .   The Commission shall examine the request
     and shall consult the Member States .
 ?. The Commission shall submit to the Council a report on the results of
      the  examination referred to in the second subparagraph of paragraph 1
      accompanied , where appropriate , by a proposal to authorize it to negotiate
      with the other Contracting Parties on behalf of the Community .
3 . Where appropriate , the Commission shall request that a conference be
     convened in order to revise the ASOR in accordance with Article 19(1 )
     thereof .
U. Where the Commission is informed by the Secretariat of the ECMT that
     another Contracting Party has requested that a conference be convened
     in accordance with Article 19(1 ) of the ASOR in order to revise the
     Agreement , the procedure set out in the second subparagraph of paragraph 1
      and in paragraph 2 shall apply .
                              Artide    10
1 . If a Member State considers it necessary to withdraw from the ASOR ,
     it shall submit a reasoned request to the Commission and shall inform
     the other Member States thereof .     The Commission  shall examine the
     request and . shall consult the Member States .
2 . The Commission shall submit to the Council a report on the results of
     the   examination referred to in paragraph 1 accompanied , where appropriate , by
     a proposal for a Decision to withdraw from the ASOR pursuant to Article 20(2 )
     thereof .
3 . Where appropriate , the Commission shall give notification of withdrawal
     from the ASOR    pursuant to Article 20(2 ) thereof .
 ---pagebreak---                                 Arti c Le 1 1
The Commission shall inform the Member States :
( a ) of any approval or ratification of the ASOR by a Contracting Party
      after .its entry in force ,        pursuant   to   . Article 18(3 ) of the
      ASOR ;
( b ) of any withdrawal by another Contracting Party to the ASOR notified
      pursuant       to     Article 20(2 ) of the ASOR ;
                                Article    12
1 . The Commission shall communicate this Regulation to the Secretariat
     of the ECMT       pursuant   to      Article 13(2 ) of the ASOR .
2 . Each Member State shall communicate         to the Commission the measures take
     under this Regulation , and in particular details of the competent autho­
     rities designated                            for implementing the ASOR .    The
     Commission shall inform the other Member States and ,         pursuant to
     Article 13 ( 2 ) of the ASOR , the Secretariat of the ECMT .
3 . The Commission shall inform the Member States of the measures referred
     to in Article 13(1 ) of the ASOR taken by the other Contracting Parties
     and communicated to it by the Secretariat of the ECMT          pur­
     suant      to            ' Article 13(2 ) of the ASOR .
 ---pagebreak---   J
                              - ó -
                           Article  13
The Member States shall , in good time , adopt the measures required
pursuant to this Regulation in order to ensure       implementation of
the ASOR from the date on which it enters into force .
                          Article 14
This Regulation shall enter into force    on the first day of the month
following its publication in the Official Journal of the European Com­
munities .   The provisions of Articles 1 to 12 shall apply as from the
entry into force of the ASOR .
this Regulation shall be binding in its entirety and directly applicable
in all Member States .
Done at Brussels ,                           For the Council
                                             The President