CELEX: 51987PC0079
Language: en
Date: 1987-04-09
Title: Proposal for a COUNCIL REGULATION on common rules for the international carriage of passengers by coach and bus (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 79
Vol. 1987/0033
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Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 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) modifié en dernier
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(87 ) 79  final
                                              Brussels , 9 April 1987
                                 Proposai for a
                               COUNCIL REGULATION
       on common rules for the international carriage of passengers by
                                 coach and bus
                        ( submitted by the Commission )
                                                13 U
                                     r A yA I 5 AV». <337 'Æ
                                            -         i .
                                                            ©I
C0MC87 ) 79 final
 ---pagebreak---                                         - 2 -
                               EXPLANATORY    MEMORANDUM
I. GENERAL CONSIDERATIONS
1 . International carriage of passengers by coach and bus services is at present
     covered by Community legislation , in the form of three Regulations ( 1 ), dating
     from 1966 and 1972 .    These Regulations set out common rules for the inter¬
     national carriage of passengers , including standard definitions of the
     various types of service , and the administrative procedures .
     However , an implicit principle behind these Regulations was that traffic
     originating in a Member State should be the sole preserve of that State 's
     own operators . Since the judgement of the Court of Justice in Case
     No . 13/ 83, it is clear that such a situation is no longer tenable : the
     Court has unequivocally stated that freedom to provide services in both
     the international and the domestic transport markets must be granted
     within a reasonable time .
     Domestic transport will be the subject of a separate proposal of the
     Commission to implement this freedom . In the case of international traffic ,
     the necessary measures must be put into effect within the framework of this
     present proposal : The guiding principle will therefore be that the inter¬
     national markets will be - under certain conditions - open to transport
     undertakings from all Member States without restrictions as to nationality
     or place of establishment . The practical result of such a principle must
     be that a transport undertaking established in one Member State and ful ¬
     filling these conditions may operate an international service departing
     from any other Member State .
( 1 ) - Regulation No 117 / 66 / EEC of the Council of 28 July 1966 on the introduction
         of common rules for the international carriage of passengers by coach and
         bus ( OJ No ,1A7 , 9.8.1966, p.2688 / 66 )
      - Regulation ( EEC ) No 516/ 72 of the Council of 28 February 1972 on the introduction
         of common rules for shuttle services by coach and bus between Member States
         ( OJ No L 67 ,  ■ . 20.3.1972, p.13 >
     - Regulation ( EEC ) No 517 / 72 of the Council of 28 February 1972 on the introduction
         of common rules for regular and special regular services by coach and bus
         between Member States ( OJ No L 67,        . 20.3.1972, p.19)
 ---pagebreak---                                        - 3 “
2 . Although this proposal replaces the three existing Regulations , it does not
    interfere with the present regimes governing market access to the different
    types of service : thus ,
    - occasional services will continue to enjoy a regime free of international
      authorization ;
    - regular services will continue to be subject to authorization , as will shuttle
      services , whether with or without accommodation .
    However , certain technical matters , as regards the organization of these services ,
    are modified to allow them better to meet the needs of the " clients " for whom
    they cater ; so there is greater freedom than formerly to take up and set down
    passengers and to change groups .
3 . A second thrust of this proposal is the simplification of administrative procedures .
    The Commission realises that there is a delicate balance to be drawn between , on
    the one hand , minimizing red tape and , on the other hand , maintaining necessary
    control as a condition for sanctions where necessary . This proposal therefore ,
    continues the trend of the existing Regulations towards reducing administrative
    formalities but in certain areas the proposal recognizes that tighter controls
    are necessary if the high quality of service in road passenger transport is to be
    safeguarded and the confidence of the industry and public is to be sustained . For
    this reason , the Commission is placing an increased emphasis on safety aspects
    in this proposal . The proposal includes a number of provisions which viewed
    together represent an effective safety package : thus , in particular :
    - a timetable of drivers' hours and rest periods will be an integral part of
      both the control document and the authorizations ;
    - the inspection powers of the competent authorities are     widened as regards
      control of drivers' hours and rest periods and safety matters ;
    - any undertaking engaging in international transport must meet national and
      international legal requirements on road safety both as regards their drivers
      and their vehicles .
4 . Therefore the Commission proposes to revise the existing Community regime on the
    basis of the following principles :
    - the obligation to implement the decision of the Court of Justice in Case
      No . 13 / 83 as regards the freedom to provide services ;
    - the necessity to maintain the present organization of services in the interests
      of both sides of the industry and of users ;
      the desirability of reducing administrative formalities , while at the same time
      maintaining effective control , particularly as regards matters of safety .
 ---pagebreak--- II . SPECIFIC CONSIDERATIONS
                                           Article 1
     This Article presents a precise definition of the scope of this regulation .
     The first indent is taken from Regulation 117 / 66/ EEC but is completed by
     the inclusion of transits through Member States . This idea was of course
     implied in the earlier regulation but it was not clearly stated therein
     and tended therefore to cause misunderstandings .
     The second indent , following the principle , although not the wording of
     the Article 75 1 ( a ) of the Treaty , extends the notion of international
     carriage to journeys , which depart from a Member State to a third country
     or which depart from a third country with a Member State as destination ,
     crossing in either case other Member States : this regulation , being
     strictly inter-community , cannot of course , legislate for that part of
     the journey which is in a third country or in respect of "non-community"
     vehicles but it can and should submit to the common rules the portion of
     the journey which is in the Community .
                                          Article 2
     This is the consolidating definition Article . The definition of regular
     services ( including " special regular services ") remains the same as in
     Regulation 117 /66 and occasional services are still defined negatively
     by reference to the more precise definitions of regular and shuttle services
 ---pagebreak---                                        - 5 -
Paragraph 2 ( b ) of the Article sets out the definition of a shuttle with
accommodation .   In particular it should be noted that the inclusive charge
for journey and accommodation is to be paid - this is to underline the
essentially " touristic package " aspect of such services and to guarantee
that the journey includes genuine accommodation as an integral part .
However occasional services are extended in two respects : ( i ) there is now
included a service where the outward journey is made unladen and the return
journey laden and ( ii ) there is now provision during closed door services for
passengers to be taken up in several places and set down in the same places ,
provided they are all on the territory of the Member State where the journey
began .
In keeping with the essentially touristic nature of these services , the
paragraph 3 ( d ) of Article 2 clarifies the question of local excursions .
This does not in fact represent a major change - such are allowed under
the present system but they have given rise to certain problems in practice .
As regards shuttle services there is greater flexibility than formerly as
regards changes of group and the taking up and setting down of passengers
during the journey : further there is provision for what is commonly referred
to as " reverse shuttles " - the first outward and the last return journey
being unladen .   The former principle was that such matters were exceptions ;
now they are to be considered as normal possibilities of a shuttle service
( although still subject to certain restrictive conditions - dealt with below ).
                                     Article 3
This Article is completely new in concept for the international road passenger
transport market . Since , as was explained earlier , one of the guiding
principles of this proposal - freedom to provide services - is that the
international transport markets will be open to transport undertakings
from all Member States without restrictions as to nationality or place of
establishment , it has been considered appropriate to declare this firmly
in the body of the proposal . The practical result of such a principle must
be that a transport undertaking from one Member State may operate an inter ¬
national service departing from any other Member State , under the conditions
laid down in Article 3 _
 ---pagebreak---                                         6
                                    Artide 4
This Article maintains the previous flexible system for occasional services .
However the sole paragraph represents an opening up of the markets in the
area of occasional services : by the device of freeing from the need for
authorization all unladen journeys in relation to these services , the Article
eliminates the idea that only national undertakings can operate international
transport from any one Member State . The result of this Article in conjunc ¬
tion with Article 3 is that a transport undertaking can go to any other
Member State to pick up passengers ( whether they be nationals of that State ,
of another Member State or of a third country ) for whatever the type of
occasional service and wherever the destination .
                                    Article 5
 It should be noted in this Article that the transport undertaking obtains the
 control document from the Member State where it is established and that that
document is filled out by the undertaking . The control document must now contain
a timetable of driving and rest periods but need no longer specify local stops or
excursions .
                                    Article 6
 No comment .
                                    Article 7
Under certain conditions , passengers on shuttles with accommodation should
be allowed to change groups and to be taken up and set down in various places
within the country of departure without restrictions . For shuttles without
accommodation such flexibility is only allowed under stricter conditions
(a percentage restriction as to group changes and a limit on the number of
additional places in the case of passengers being taken up and set down on
route ).
 ---pagebreak---                                         7
                                    Artide 8
As regards the contents of the appli cation for authorization it is perhaps
to be noted what has now been deleted - so the authorization need no longer
specify stopping-points , frontier-crossings , the length of the route , the
number of days of the journey , the registration of the vehicle ; one addition
however has been made - a timetable of driving and rest periods for drivers
must now be included in the authorization , as an additional measure to ensure
the implementation of the " social rules ".
                                   Article   9
This Article relating to the scope of the authorization is essentially a
repetition of Article 4 of Regulation 516 / 72 .
                                   Article 10
It is to be noted that there is only one authorizing authority ( despite the
fact that other states concerned may be consulted or informed ).
                                   Article 11
The Article makes an important distinction in the authorization procedure
for shuttle services with and without accommodation .    For the first category
the examination of the application is limited to the question whether the
criteria of such a service are fulfilled .    If this is the case , the applicant
has a subjective right to get the authorization .    For the second category
the examination is extended to the question whether envisaged services would
compete unfairly against existing services in the areas concerned .
 ---pagebreak---                                      Article 12
 The authorization procedure is greatly simplified from the rather more
 cumbersome regime operating under Regulation 516/ 72 . The application is
 submitted to and issued by the Member State where the place of departure
 is situated . The state of destination will be consulted on the decision
 envisaged . The transit states are io be informed but have no right of
 objection .
                                     Article 13
It should be noted that where    the states of destination cannot come
to an agreement with the authorizing authority , the latter is
now obliged t o refer the matter to the Commission , within a time limit of
three months from the date of the submission of the application .
                                     Article 14
Attention should be drawn to paragraph 3 of this Article which provides
that reasons need only be given by the authorizing authority when an
application is refused .
                                  Articles 15 , 16
These   articles            present   the obligations on a transport under­
taking operating a regular service towards its passengers : the obligations
 reflect the character of a public service , which determines the operation
of regular services .
 ---pagebreak---                                         9
                                    Artide 17
No comment .
                                    Article 18
For regular services ,, the application for an authorization is to be
submitted to the competent authorities of the Member State where the
place of departure is situated . Under Regulation 517 / 72 Article 12 ,
it is at present submitted to the Member State in whose territory the
headquarters of the undertaking is situated . The new solution is a
consequence of the principle of freedom to provide services .
                                    Article 19
This Article has been lifted from the present regulation : its practical
importance is limited .
                                    Article 20
The extended time-limits are to take account of the potentially greater
number of Member States involved in the authorization procedure for
regular services .
                                    Article 21
No comment .
                                    Article 22
This is a repetition of Article 10 of Regulation 517 / 72 except that
paragraph 3 is an addition - the obligation to inform the other Member
States of the cessation of an authorization .
 ---pagebreak---                                      - 10-
                                   Article 23
As regards regular services , the obligation for passengers to have a travel
document is new but reflects normal practice .
The travel document does not need to have the name or names of the passenger /
passengers .
                                   Article 24
The inspection powers of authorized officers are widened - particularly as
regards the addition to the authorization of driving and rest periods and
a precise description of the powers of the inspecting officers .
                                   Article 25
This Article allows for greater exchange of information as regards breaches
and thereby increases the Member States' efficiency in stamping out abuses :
in particular , it seeks to ensure that the Member States continue to take
seriously their responsibilities in the fields of road safety and the " social "
rules .
                                   Article 26
No comment .
                                   Article 27
This Article gives Member States the ability to come to arrangements to
simplify administrative procedures , although they must inform the Commission
of such arrangements .
If existing bilateral or multilateral agreements between Member States
provide for more liberal regimes , these regimes may continue but they
cannot operate on a discriminatory basis : they cannot only favour the
parties to the agreement but must be applied without restrictions as to
nationality or place of establishment .
 ---pagebreak---                                  - 1 1
                               Artide 28
No comment .
                               Article 29
This Article confirms the exclusive competence of the Commission to negotiate
agreements with third countries in respect of common rules for the internatio ¬
nal carriage of passengers between the Community and third countries . There is
no change in comparison with the present legal situation . In view of certain
difficulties which have arisen with this subject in the past , such a clarification
seems useful .
                               Article 30
No comment .
                               Article 31
No comment .
                               Article 32
It is to be noted that this one consolidating regulation will replace the
previous Community passenger transport regime in its entirety .
                               Article 33
No comment .
 ---pagebreak---                    PROPOSAL FOR A COUNCIL REGULATION
            on common rules for the international carriage
                    of passengers by coach and bus
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 ;
Whereas pursuant to Article 75 ( 1 ) ( a ) of the Treaty the
establishment of a common transport policy entails , inter alia ,
the adoption of common rules applicable to the international
carriage of passengers by road ;
Whereas such common rules were laid down in Council Regulation
                 1                                        ?
No . 117 / 66 EEC , Council Régulation ( EEC ) No 516 / 72 and Council
Regulation (EEC) No 517/72^, and whereas the principles set out therein
remain valid ;
Whereas the freedom to provide services is a fundamental principle
of the common transport policy and includes the requirement
that the international transport markets should be open to
transport undertakings from all Member States without discrim¬
ination on the grounds of nationality or place of establishment ;
1 . O.J. No . 147, 9.8.1966 p. 2688 / 66
2 . O.J. No . L 67 , 20.3.1972 p. 13
3 . O.J. No . L 67, 20.3.1972, p. 19
 ---pagebreak--- Whereas occasional services already enjoy a flexible regime and should continue to
do so ;
Whereas it is considered that regular services and shuttle services should remain
subject to authorization but with a certain easing especially in respect of the
procedures for granting authorizations ;
Whereas it is necessary to ensure that the rules of competition are respected ;
Whereas administrative formalities should be made , where possible , less burdensome
without abandoning the necessary checks and sanctions ;
Whereas in order that international road passenger services may retain their high
quality of service and - retain the confidence of users , it is imperative that
measures to ensure the respect of road safety requirements be taken ;
Whereas the Member States should adopt such laws , regulations or administrative
provisions as may be necessary for the implementation of this Regulation ;
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                 - 3 -
                           SECTION   I
                            General
                           Article 1
                             Scope
The provisions of this Regulation shall apply to the international
carriage of passengers by road using vehicles which are registered
in a Member State and which , by virtue of their construction and
equipment , are intended to carry more than nine persons , including
the driver :
- from the territory of a Member State to the territory of the same or
  another Member State including      ■ transit through one or more Member
  States ;    or
- in the case of a journey between a Member State and a third country ,
  to that part of the journey which is within the Community .
 ---pagebreak---                                                  - 4 -
                                               Artide 2
                                              Definitions
1.         Regular services are 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 .
           Services , by whomsoever organized , which provide for the carriage of specified
           categories of passengers to the exclusion of other passengers , in so far as such
           services are operated under the conditions specified in the first subparagraph ,
           shall be deemed to be regular services . Such services , in particular those
           providing for the carriage of workers to and from their place of work or of
           schoolchildren to and from school , are hereinafter called " special regular
           services ". The fact that a service may be varied according to the needs of
           those concerned shall not affect its classification as a regular service .
2 . (a ) Shuttle services are services whereby , by means of repeated outward and return
           journeys , previously formed groups of passengers are carried from a single
           place of departure to a single place of destination and subsequently carried
           back together to the place of departure .      Place of departure and place of
           destination mean respectively the place where the journey begins and the
           place where the journey ends , together with , in each case , the surrounding
           locality .
            Notwithstanding     . the above definition :
           - passengers may under certain circumstances make the return journey with
               another group ;
           - passengers may be taken up or set down during the journey ;
           - the first outward journey and the last return journey may be made unladen .
   ( b ) Shuttle services with accommodation mean services where
        (i)      in addition to transport , accommodation for each group , with or without
                 meals , at the place of destination and , where necessary , during the
                 journey is included ;
        ( ii )   the total time spent by each group on the journey and at the place of
                 destination is not less than three days ;
        ( iii ) an inclusive charge is paid for the journey and accommodation .
 ---pagebreak---                                                - 5 -
3 . (a ) Occasional services are services falling neither within the definition of a
           regular service                 nor within the definition of a shuttle service .
          T.hey include in particular :
          - closed-door tours , that is to say services whereby the same vehicle is used
             to carry the same group of passengers throughout the journey and to bring
             them back to the place of departure ;
          - services which make the outward journey carrying passengers and the return
             journey unladen , or vice versa .
    (b ) A service shall , not cease to be an occasional service :
          - when it is operated with some degree of frequency ,
          - where the route has to be altered in the course of a journey or the journey
             has to be interrupted .
    ( c ) For occasional closed-door tours , passengers may be taken up in several places
          in the Member State where the journey begins , and set down in the same places
          on the return journey .
     <d ) Within the framework of an international occasional service , a transport
          undertaking may carry out national occasional services in a Member State
          other than that in which it is established . On such national services ,
          passengers may be carried who do not belong to the same group but who have
          been brought into the Member State concerned by the same transport undertaking .
 ---pagebreak---                                               6 -
                                         Artide 3
1 . Any transport undertaking shall be permitted to operate coach and bus
    services for the         carriage of passengers between         Member States without
    discrimination as to nationality or place of establishment if it :
    - is established in a Member State in conformity with the legislation thereof ;
    - is authorized in that Member State to undertake the international carriage of
       passengers by means of regular services or occasional services or shuttle
       services by coach and bus ;
                                                                             1
    - satisfies the conditions laid down by Council Directive 74/562/EEC relating
       to the admission to the occupation of      carrier of passengers by road in the
       field of international carriage and by the measures taken to implement that
       Directive by the Member State in which the undertaking is established ;
    - meets national and international legal requirements on road safety as far as
       the standards for drivers and vehicles are concerned .
2 . In order to enjoy freedom to provide transport servi ces within the Community , a
    carrier must : '
    - in the case of a natural person , be a national of one of the Member States ;
    - in the case of a legal person ,
         - be under the continuous and effective management of persons a majority
           of whom are nationals of Member States ,
         - be constituted in such a way that the persons participating directly
           or indirectly in the majority of the financial results of the transport
           undertaking or having the majority of the voting shares or voting rights
           are nationals of a Member State .
3 . After consulting the Commission , a Member State may grant exemptions from the
    provisions of paragraph 2 above in so far as this does not disturb the inter¬
    national road passenger markets .
    1 O.J. No . L 308 , 19.11.1974, p.23
 ---pagebreak---                                            - 7 -
                                        SECTION II
                                    Occasional Services
                                         Article 4
                                  Access to the market
Occasional services and all unladen journeys in relation thereto shall not require
authorization .
                                         Article 5
                                     Control document
1 . A transport undertaking operating occasional services shall fill out a control
     document before each journey .
2 . The control document shall contain the following information :
    (a ) the type of service ;
    (b ) the schedule  of driving and rest periods for drivers ;
    (c ) the main itinerary without local stops or excursions .
3 . The control document shall be supplied by the competent authorities of the
     Member State where the transport undertaking is established . It shall be
     presented on request to any authorized inspecting officers .
4 . The Commission shall , after consulting the Member States , prescribe the model
     for the control document and the way in which the control document is to be
     used .
 ---pagebreak---                                             - 8 -
                                         SECTION III
                                     Shuttle services
                                          Article 6
                                  Access to the market
Shuttle services shall be subject to authorization in accordance with Articles
8 to 1 A.
                                          Article 7
                                       Special cases
1.       Authorisations as required by Article 6 shall also enable transport
    undertakings to operate shuttle services with accommodation                  in the
    following special cases :
        where the return journey is made with a group of passengers other than that
       which        made the outward journey ;
        where passengers are taken up at various places during the outward journey and set
       down at various places during the return journey within the territory of the
        State from which the service , departs ;
    -   where passengers are set down at various places during the outward journey and
       taken, up at various places during the return journey within the territory of
        the State in which the destination of the service is located .
2 . Paragraph 1 shall apply in the case of shuttle services without accommodation
    where :
    -   the total number of passengers within the meaning of the first indent of paragraph
        1 does not exceed 30% of the number of passengers making the outward journey ;
    -   the number of additional places within the meaning of the second and third indents
        of paragraph    1          is limited to a maximum of six on the outward
        journey and six on the return journey .
 ---pagebreak---                                              - 9 -
                                           Artide 8
                                         Authorization
1 . Authorizations .     for shuttle services shall be issued in the name of the
     transport undertaking ; they may not be transferred by the latter to third
     parties .
2 . The period of validity of an authorization may not exceed       two
     years .
3 . Authorizations     . shall specify the following :
    (a ) the route of the service , giving in particular the place of departure , and the
         place of destination ;
    (b ) the service timetable ;
    (c ) the schedule of driving and rest periods for drivers ;
    Cd ) the period of validity of the authorization .
4.        Authorizations may be made subject to certain reasonable administrative
     charges .
5 . Authorizations shall be in a form to be prescribed by the Commission after
     consultation with the Member States .
                                          Article 9
                                 Scope of the authorization
Transport undertakings shall be entitled to operate         . authorized shuttle
services in the territories of all Member States over which the routes of . the
shuttle services pass .
 ---pagebreak---                                                   10
                                             Artide 10
                       Submission of applications for authorization
1 . Applications for         authorization of shuttle services shall he submitted to
    the competent authorities of the Member State in whose territory
    the place of departure of the shuttle service is situated, hereinafter referred to as "the
    authorizing authority "..
2 . Persons applying for authorization of. a shuttle service.     shall provide the
    authorizing authority with all the relevant information .
3 . Applications shall be in a form to be prescribed by the Commission after
    consultation with the Member States .
                                             Article 11
                                  Examination of applications
1 . For shuttle services with accommodation , the authorizing authority shall issue
    the authorization in accordance with Article 12 .
2 . For shuttle services without accommodation , the authorizing authority shall
    issue the authorization in accordance with Article 12 unless it can be shown
    that such . services would compete unfairly with          . existing services in the
    areas concerned .
3 . The authorizing authority may refuse applications as           referred to at paragraphs
      1 and 2            if in the past the applicant has not complied with conditions
    and requirements relating to authorizations for international road passenger
    services or has committed serious breaches of legislation in regard to road or
    vehicle safety and driving and rest periods .
4 . The authorizing authority may refuse applications as           referred to at paragraphs
      1 and 2 above only on the basis of reasons compatible with this
     Ragulation .
 ---pagebreak---                                          - 11 -
                                       Article 12
                                 Authorization procedure
Before the authorizing authority issues     an •    authorization , it shall consult
the competent authorities of the Member State in whose territory the destination
is situated and communicate the planned decision    the competent authorities of the
Member States whose territories are to be crossed in transit by the shuttle
service .
Subject to Article 13 , the authorizina aufhority shall take a decision on the application
within three months of the date of the application .
                                       Article 13
                                  Arbitration procedure
1 . If the competent authorities of the Member State ; of destination do not agree
    with the decision mentioned in Article 12 , the authorizing authority shall
    refer the matter to the Commission within three months     from the
    date of the application for authorization .
2 . The Commission , after consulting the Member States concerned , shall within ..thi rty days
    take    a decision , which shall take effect thirty days after notification to
    the Member States concerned .
                                       Article 14
                                 Issue of authorizations
1 . Once the procedures laid down in Articles 12 and 13 have been completed , the
    authorizing authority shall grant the transport undertaking an authorization
    for shuttle services or shall formally refuse the application .
2 . The authorizing authority shall forward a copy of any authorization issued to
    the competent authorities referred to in Article 12 .
3 . Decisions refusing an application taken in conformity with th is Regulation must
    state the reasons on which they are based . Member States shall ensure that
    transport undertakings in their capacity as such are given the opportunity to
    make representations concerning their interests , by appropriate means , in
    respect of such decisions .
 ---pagebreak---                                               1Z-
                                        SECTION IV
                                    Regular services
                                        Article 15
             Access to the market , obligation to carry and authorization
1 . Regular services and special regular services shall be subject to
    authorization    issued in accordance with Articles 18 to 22 .
2 . Transport undertakings shall be obliged to carry passengers on regular services
    where :
    - the passengers fulfil    the transport conditions fixed by the undertaking or
        by the competent authorities ;
    - it is possible to carry passengers using regular means of transport ; and
    - the carriage of passengers is not prevented by circumstances beyond the
        transport undertaking 's control .
3 . Article    8 shall apply mutatis mutandis   to the authorization of regular services ,
    including special regular services , subject to the following differences :
    - the period of validity of an authorization shall not exceed seven years ;
    - the authorization shall in addition specify the following :
      (a )  the stopping points ;
      (b ) the fares and conditions of carriage .
4 . The holder of the authorization shall not , without the agreement of the
    authorizing authority , vary the conditions laid down in the authorization
    or withdraw a service except in accordance with :                    of Article
     22      before the period of validity of the authorization has expired .
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                                               Article 16
                                Requirement to indicate conditions of carriage
The transport undertaking         shall            • display the route of the service , the bus
stops , the timetable, the fares and the ' conditions of carriage - in so far as these are
not laid down by law - in such a way as to ensure that such information is readi ly avai lable
to all users .
                                               Article 17
                                   Scope of the authorization
Transport undertakings shall be entitled to operate                  authorized regular
services and special regular services in the territories of all Member States over
which the routes such services passes .
                                               Article 18
               Submission and examination of applications for authorization
1 . Article 10 and Article, -11         ■ ( 2 ) and ( 3 ) shall apply mutatis mutandis to all
    applications relating to the authorization of               regular and of      special
    regular services, the alteration of the conditions of such services or the
    renewal of     . authorization .
2 . In the case of an application to renew an authorization , the authorities must also
    check whether the service was carried out in accordance with the conditions
    subject to which the authorization was issued .
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                                                Artide 19
                                   Variation of       authorization
                                                           1
Without prejudice to Council Regulation ( EEC ) No 1191 /69 the Member . States concerned shall he
entitled to vary by agreement , after hearing the holder of the authorization , the
conditions subject to which a regular service is operated . Variations which would sub¬
stantially   alter the conditions of an authorization may be made only where they are
essential in order to ensure the provision of adequate transport services .
                                                Article 20
                                      Authorization procedure
1 . The authorizing authority shall issue the authorization in agreement with the
    competent authorities of all Member States in whose territories passengers are
    taken up or set down . To this end it shall forward a copy of the application
    together with copies of all documentation and its own opinion .
2 . The competent authorities of the Member States whose agreement is requested
    shall notify their opinion to the authorizing authority within sixty days . If
    on expiry of that period            no reply has been received , they shall be deemed
    to have given their assent .
3 . Subject to Article 21 , the authorizing authority shall take a decision on the
    application within four months of the date of application .
4 . Following the agreement of   the competent authorities referred to in paragraph 1 or
    after the completion of the arbitration procedure laid                down in Article 21 the
    authorizing authority shall communicate the decision to the           competent authorities of the Member
    States whose territory is to be crossed in transit by                 the regular service .
     Those             Member                  States may waive this      requirement by way of
    agreement or unilatéral déclaration .
 1
   O. J. No . L 156 , 28.6.1969 , p.1
 ---pagebreak---                                        Artide 21
                                 Arbitration procedure
1 . Where the authorizing authority and the competent authorities of Member States
    in whose territories passengers are taken up or set down cannot reach a
    decision under the Article 20 procedure , the Member State of the authorizing
    authority shall refer the matter to the Commission , within four months
    of          the date of the application for authorization .                     *
2 . The Commission , after consulting the Member States concerned , shall within thirty days
    take a      decision         which shall take effect thirty days after
    notification to the Member States concerned .
3 . Any decision of the Commission under paragraph 2 shall continue to apply until
    such time as agreement is reached between the Member States concerned .
                                      Article 22
                               Lapse of an authorization
1 . An authorization for a regular service shall lapse three months after the
    authorizing authority has received from its holder notice of his intention to
    withdraw the service . Such notice must contain a proper statement of reasons .
    The holder of the authorization shall notify users of the service concerned of his
    intention to withdraw the service in an appropriate manner .
2 . Notwithstanding paragraph 1 ,        where           demand for a special regular
    service has     ceased to exist , the authorization for a special regular service
    shall lapse on the date given by the holder in a communication to the
    authorizing authority conveying his intention to withdraw the service . The
    communication must contain a proper statement of reasons .
3 . The authorizing authority shall inform the competent authorities of the other
    Member States concerned   that the authorization has Lapsed .
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                                          SECTION V
                             Control procedures and penalties
                                         Article 23
1 . Transport undertakings operating a shuttle service or a regular service or a
     special regular service shall supply to the passengers , for their possession
     throughout the journey , an individual or collective travel document indicating :
     -    the route served ;
     -    the period of validity of the document ;
     -    the transport charge , in the case of shuttle services with accommodation ,
          the inclusive charge must cover transport and accommodation .
2 . The travel documents referred to in paragraph 1 shall be presented at the
     request of any authorized inspecting officer .
                                         Article 24
1 . The authorization for a shuttle service , for a regular service and for a
     special regular service , required under this Regulation shall be carried on the
     vehicle and be presented at the request of any authorized inspecting officer .
2 . Transport undertakings operating coaches and buses for international passenger
     transport shall permit inspections which are aimed at ensuring that operations
     are carried out correctly , particularly as regards driving and rest periods .
     Inspecting officers employed for this purpose shall be authorized and empowered
     to :
    (a ) check the books and other documentation relevant to the operation of the
          undertaking ;
    (b ) make copies of , or take extracts from,the books and documentation on the
          premises ;
    (c ) have access to all the undertaking 's premises , sites and vehicles ;
    (d ) require any information in respect of the books and documentation .
 ---pagebreak---                                         - 17
                                      Artide 25
1 . Member States shall provide the other Member States concerned with all
    available information on :
    - breaches of the provisions of this Regulation and any other Community
      rules in the field of international passenger services using coaches and
      buses , in so far as these breaches are committed in their own territory
      by a transport undertaking from another Member State ;
    - the penalties imposed in respect of the above ;
    - the penalties imposed on their own transport undertakings for such breaches
      committed in the territory of another Member State .
2 . The authorizing authorities shall withdraw any authorization issued on the
    basis of this Regulation if the holder no longer meets its requirements
    and especially where requested to do so by the Member State where the transport
    undertaking is established .       The authorizing authority shall immediately
    inform the competent authorities of the Member State concerned .
3 . The competent authorities of the Member States shall prohibit a transport
    undertaking from operating international passenger services under this
    Regulation if the undertaking repeatedly commits serious breaches of the
    relevant regulations , particularly the requirements with regard to road
    and vehicle safety as well as driving and rest periods .
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                                        SECTION VI
                           Transitional and final provisions
                                        Article 26
Services , which after the entry into force of this Regulation require to be
authorized , and which are already authorized to operate at such time , may continue
to be operated until their current authorizations expire .
                                        Article 27
1 . Member States may make bilateral or multilateral arrangements to simplify the
    procedures provided for in this Regulation for the authorization of shuttle
    services , for regular services and for special regular services ;
2.      Member States shall inform the Commission of any arrangements made in
    accordance with paragraph 1 .
3 . The provisions of this Regulation shall not apply where at the date when
    this Regulation enters into force ,         arrangements in force under bilateral or
    multilateral agreements between the Member States provide for liberalization ,
    subject to the condition that such arrangements are applied without
    discrimination as to the nationality or the place of establishement of the
    transport undertaking in accordance with the provisions of Article 3 and
    comply with the competition rules of the Treaty .
                                        Article 28
This Regulation shall not affect the conditions that transport undertakings
must satisfy under Directive 74 / 562 / EEC .
 ---pagebreak---                                                  19 -
                                           Artide 29
The Community has the competence to negotiate and to conclude agreements with
third countries regional and international organizations :
-   to ensure that the principles of this Regulation are applied to the carriage of
    passengers between Member States in transit through third countries ;
- to adopt common rules for the carriage of passengers between the Community and
    third countries .
                                           Article 30
Member States shall , in due course , after consulting the Commission , adopt the
measures rendered necessary by this Regulation and notify such measures to the
Commission .
     Member States shall in particular ensure the organization of , procedure for
and means of carrying out , checks on compliance and the penalties applicable in
case of breach . They shall ensure that all such measures are carried out without
discrimination as to nationality or place of establishment .
                                           Article 31
The Commission shall , with the aim of colpleting the Internal Market , make proposals
to the Council revising this Regulation before 1990 .
                                           Article 32
Regulations No 117 / 66 / EEC , ( EEC ) No 516 / 72 and ( EEC ) No 517/ 72 are hereby repealed .
                                           Article 33
This Regulation shall enter into force on 1 January 1988 .
This Regulation shall be binding in its entirety and directly applicable in all
Member States .
Done at Brussels ,                          1987
                                                                 For the Council
                                                                 The President
 ---pagebreak---                  Fiche d' impact sur Les P M E et sur l' emploi
Projet d' une proposition de règlement du Conseil fixant des règles communes
pour les transports internationaux de personnes effectués par autocars ou
autobus .
1 . Obligations administrativ es dé coulant de la proposition pour les PME
                                                                %
    La proposition n' entraîneru aucune nouvelle obligation administrative pour
    les entreprises de transport concernées ; au contraire , elle prévoit en
    particulier une simplification des procédures, administratives prescrites
    en-vue d' obtenir les autorisations requises pour pouvoir effectuer des
    transports internationaux de personnes par route .
2 . Avantages de la proposition pour les entreprises
    - élargissement des marchés des transports internationaux de personnes par
       route au profit des entreprises concernées de tou's les Etats membres ;
    - plus grande souplesse quant aux opérations de prendre en charge et de
                                                      \
       déposer les voyageurs en trafic international effectué     par autobus ou
       par autocars ;
    - réduction des coûts d ' exploi tat ion des entreprises et augmentation de
       leur rentabilité ;
    - meilleure adaptation du secteur en cause aux besoins d' un marché en
       croissance permanente , ceci dans l' intérêt' tant des entreprises que de
       leur clientèle .
3 . Inconvénients
    Une plus large ouverture des marchés des transports internationaux de
    personnes par route entraînera certes certains incpnvénients pour les
    entreprises concernées , mai'.il s' agit là d' une des conséquences de
    l' achèvement du marché intérieur , préconisé dans le Livre Blanc de la
    Commission .
 ---pagebreak---                                          - 2 -
4 . Effets sur l' emploi
     Positifs , compte tenu notamment des considérations sous 2 .
5 . Y - a - t - il eu concertation préalable avec les partenaires sociaux ?
     Oui , les avis sont partagés ; la majorité des organisations représentatives
     des transporteurs de personnes par route , les syndicats et les chemins de
     fer sont opposés à la proposition .
6 . Y - a - t - il une autre approche alternative moins contraignante ?
      . .      1 1 l      . i - . –– – 1                            ' ■
   "-Non .