CELEX: 51996PC0190
Language: en
Date: 1996-05-10
Title: Proposal for a COUNCIL REGULATION (EC) amending Council Regulation (EEC) No 684/92 on common rules for the international carriage of passengers by coach and bus

Avis juridique important

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51996PC0190

Proposal for a COUNCIL REGULATION (EC) amending Council Regulation (EEC) No 684/92 on common rules for the international carriage of passengers by coach and bus  /* COM/96/0190 FINAL - SYN 96/0125 */  

Official Journal C 203 , 13/07/1996 P. 0011

Proposal for a Council Regulation  (EC) amending Council Regulation (EEC) No 684/92 on common rules for the international carriage of  passengers by coach and bus  (1)(96/C  203/07)(Text with EEA relevance)COM(96) 190 final -  96/0125(SYN)(Submitted by the Commission on 10 May 1996)THE COUNCIL OF THE  EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 75,  paragraph 1, thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the Economic and Social Committee, In cooperation with the European Parliament, Whereas, in accordance with Article 75 (1) (a) of the Treaty, the establishment of a common  transport policy entails, inter alia, laying down common rules applicable to the international  carriage of passengers by road; Whereas the definition of the various international coach and bus services should be simplified; Whereas international coach and bus services may be classed as regular services, special regular  services and occasional services; whereas, therefore, the concept of shuttle service may be  abolished; Whereas a system of market access exempt from authorization should be introduced for all occasional  services, special regular services and all own-account transport operations; Whereas regular services should continue to be subject to authorization; Whereas intermodal competition should be preserved; whereas, therefore, the railways should no  longer have priority in the context of the establishment of a coach or bus service; Whereas, in order to facilitate the inspection of transport operations, the international carriage  of passengers by road for hire or reward should be subject to a Community licence conforming to a  harmonized model; Whereas the time limits involved in the procedure for the issue of authorizations should be made  more flexible; Whereas Member States must take the necessary measures to implement this Regulation, in particular  as regards effective, proportionate and dissuasive penalties; Whereas the application of this Regulation must be monitored on the basis of a report to be  presented by the Commission, HAS ADOPTED THIS REGULATION: Article 1 Article 2 of Regulation (EEC) No 684/92 is amended as follows: 1. a new subparagraph is added to point 1.1: 'Regular services operated within a conurbation situated in two or more Member States shall be  designated "urban carriage in frontier areas",`; 2. paragraph (d) of point 1.2 is deleted; 3. in point 1.3 the words 'additional vehicles and` are deleted; 4. point 2 relating to shuttle services is deleted; 5. point 3.1 is replaced by the following: 'Occasional services are services meeting neither the definition of a regular service nor the  definition of a special regular service, and which are characterized above all by the fact that  they carry groups of passengers previously assembled, or that they are organized at the request of  the customer, or comprise accommodation or other non-ancillary tourist services in the course of  the journey or at the place of destination, or are organized on the occasion of special events, or  comprise an empty journey in the course of the outward or return journey or are organized for the  purpose of carrying out tours. The organization of parallel or temporary services comparable to existing regular services and  serving the same public as the latter shall be subject to authorization in accordance with the  procedure laid down in Section II of this Regulation.`6. point 3.2 is deleted; 7. point 4 is replaced by the following: 'Own-account transport operations are those carried out for non-commercial purposes, notably by an  undertaking for its own employees or by a non-profit-making body for the transport of its members  in connection with its social objective provided that: - the transport activity is only an ancillary activity for the undertaking or body, - the vehicles used are the property of that undertaking or body or have been obtained on deferred  terms by them or have been the subject of a long-term leasing contract and are driven by a member  of the staff of the undertaking or body.`Article 2 The first indent of Article 3 (1) of  Regulation (EEC) No 684/92 is amended as follows: '- is authorized in the State of establishment to undertake carriage by means of regular services,  special regular services or occasional services by coach and bus`. Article 3 A new Article 3a is added in Regulation (EEC) No 684/92: 'Article 3aCommunity licence1.  Any carrier meeting the criteria laid down in Article 3 (1) must  hold a Community licence issued by the competent authorities of the State of establishment in  accordance with the model in the Annex to this Regulation. 2.  The competent authorities of the State of establishment shall issue the holder with the  original of the Community licence, which shall be kept by the transport undertaking, and the number  of certified true copies corresponding to the number of vehicles at the disposal of the holder of  the Community licence, either in full ownership, or in another form, notably by virtue of an  instalment-purchase contract, a hire contract or a leasing contract. 3.  The Community licence shall be established in the name of the carrier and shall be  non-transferable. A certified true copy of the Community licence shall be carried on the vehicle  and shall be presented at the request of any authorized inspecting officer. 4.  The Community licence shall be issued for a period of five years which shall be renewable. 5.  The Community licence referred to in paragraph 2 shall replace the document issued by the  competent authorities of the State of establishment certifying that the carrier has access to the  market for the international carriage of passengers by road. 6.  When an application for a licence is submitted, and at the latest five years after its issue  and at least every five years subsequently, the competent authorities of the State of establishment  shall verify whether the carrier meets or continues to meet the conditions laid down in Article 3  (1). 7.  Where the conditions laid down in Article 3 (2) are not met, the competent authorities of the  State of establishment shall reject the issue or renewal of the Community licence by means of a  reasoned decision. 8.  The competent authorities shall withdraw the Community licence where the holder: - no longer meets the conditions laid down in Article 3 (1), - has supplied inaccurate information regarding the data required for the issue of the Community  licence. 9.  In the event of serious infringements or of minor and repeated infringements of the regulations  relating to transport, the competent authorities of the State of establishment of the carrier who  has committed the offence may take action involving in particular the temporary and/or partial  withdrawal of the true copies of the Community licence. These penalties shall be determined on the basis of the gravity of the offence committed by the  holder of the Community licence and in the light of the total number of true copies the holder has  for international transport operations. 10.  Member States shall guarantee the right of the applicant for, or holder of, a Community  licence to appeal against a decision by the competent authorities of the State of establishment to  reject or withdraw this licence. 11.  Member States shall inform the Commission no later than 31 January of every year of the number  of carriers holding a Community licence as at 31 December of the previous year and of the number of  certified true copies corresponding to the number of vehicles in circulation on that  date.`Article 4 Article 4 of Regulation (EEC) No 684/92 is replaced by the following: '1.  Occasional services as defined in Article 2 (3.1) shall not require authorization. 2.  Special regular services defined in Article 2 (1.2) and the urban carriage in frontier areas  defined in the second subparagraph of Article 2 (1.1) shall not require authorization if they are  covered by a contract concluded between the organizer and the carrier. 3.  Empty journeys by vehicles in connection with the transport operations referred to in  paragraphs 1 and 2 shall likewise not require authorization. 4.  Regular services as defined in the first subparagraph of Article 2 (1.1) shall require  authorization in accordance with Articles 5 to 10. 5.  Arrangements for own-account transport operations are set out in Article 13.`Article 5 The  title of Section II of Regulation (EEC) No 684/92 is amended as follows: 'REGULAR SERVICES SUBJECT TO AUTHORIZ- ATION`. Article 6 Article 5 of Regulation (EEC) No 684/92 is amended as follows: 1. in the second subparagraph of paragraph 1, the words 'or a shuttle service` are deleted; 2. in paragraph 2 the words 'and two years for shuttle services without accommodation` are  deleted; 3. in paragraph 3 (d) the words 'for regular services` are deleted; 4. in paragraph 5 the words 'and shuttle services without accommodation` are deleted; 5. A new paragraph 6 is inserted: '6.  In the case of additional vehicles being used for existing regular services, a copy of the  corresponding contract or document between the operator of the regular service and the carrier  providing the additional vehicles and a copy of the authorization of the regular service must be  carried on the vehicle. A carrier providing additional vehicles must hold the Community licence provided for in Article 3  (a). A true copy of the Community licence must be carried on the additional vehicle.`Article 7  Article 6 of Regulation (EEC) No 684/92 is amended as follows: 1. Paragraph 1 is replaced by the following text: 'Applications for authorization of regular services shall be submitted to the competent authorities  of the Member State in whose territory the place of departure is situated, hereinafter referred to  as the "authorizing authority". The place of departure shall mean "one of the termini of the  service".`2. Paragraph 3 is replaced by the following text: 'Persons applying for authorization shall provide any further information which they consider  relevant or which is requested by the authorizing authority, in particular an operational plan of  the regular service for the purpose of complying with Community legislation on driving and rest  periods and a copy of the Community licence for international carriage of passengers by road for  hire or reward provided for in Article 3 (a).`Article 8 Article 7 of Regulation (EEC) No 684/92  is replaced by the following text: '1.  Authorizations shall be issued in agreement with the competent authorities of all the Member  States in whose territories passengers are picked up or set down. The authorizing authority shall  forward to such authorities - as well as to the competent authorities of Member States whose  territories are crossed without passengers being picked up or set down - a copy of the application,  together with copies of any other relevant documentation, and its assessment. 2.  The competent authorities of the Member States whose agreement has been requested shall notify  the authorizing authority of their decision on the application within two months. This time limit  shall be calculated from the date of receipt of the request for an opinion that is shown in the  acknowledgement of receipt which the authorities concerned must send to the authorizing authority.  The acknowledgement of receipt must conform to a model drawn up by the Commission after  consultation of the Member States. If within this period, the authorizing authority has received no  reply, the authorities consulted shall be deemed to have given their agreement and the authorizing  authority shall grant the authorization. The authorities of the Member States whose territories are crossed without passengers being picked  up or set down may notify the authorizing authority of their comments within the time limits laid  down in the first subparagraph. 3.  Subject to paragraphs 7 and 8, the authorizing authority shall take a decision on the  application within three months of the date of submission of the application by the carrier. 4.  Authorization shall be granted unless: (a) the applicant is unable to provide the service that is the subject of the application with  equipment directly available to him; (b) in the past the applicant has not complied with national or international legislation on road  transport and in particular the conditions and requirements relating to authorizations for  international road passenger services or has committed serious breaches of legislation in regard to  road safety, in particular with regard to the rules applicable to vehicles and driving and rest  periods for drivers; (c) in the case of an application for renewal of authorization, the conditions of authorization  have not been complied with; (d) it is shown that the service in question would directly compromise the existence of regular  services already authorized, except in cases in which the regular services in question are carried  out only by a single carrier or group of carriers; (e) it appears that the operation of services covered by the application is aimed only at the most  lucrative of the services existing on the links concerned. The fact that an operator offers lower prices than are offered by other road transporters or the  fact that the link in question is already operated by other road carriers may not in itself  constitute justification for rejecting the application. 5.  The authorizing authority and the competent authorities of all the Member States involved in  the procedure to reach agreement provided for in paragraph 1 may refuse applications only on the  basis of reasons compatible with this Regulation. 6.  If the procedure for reaching the agreement referred to in paragraph 1 does not enable the  authorizing authority to decide on an application, the matter may be referred to the Commission  within a the time limit of four months calculated from the date of submission of the application by  the carrier. 7.  After consulting the Member States concerned, the Commission shall within ten weeks take a  decision which shall take effect within thirty days of the notification of the Member States  concerned. 8.  The Commission decision shall continue to apply until such time as agreement is reached between  the Member States concerned. 9.  Having completed the procedure laid down in this Article, the authorizing authority shall  inform all the authorities referred to in paragraph 1 of its decision, sending them a copy of any  authorization; the competent authorities of the transit Member States may indicate that they do not  wish to be so informed.`Article 9 Article 9 (4) of Regulation (EEC) No 684/92 is deleted. Article 10 The title of Section III of Regulation (EEC) No 684/92 is amended as follows: 'OCCASIONAL SERVICES AND OTHER SERVICES EXEMPT FROM AUTHORIZATION`. Article 11 Article 11 of Regulation (EEC) No 684/92 is amended as follows: 1. The following is deleted from paragraph 2: 'and a set of translations of the journey form`. 2. The following is deleted from paragraph 3: 'and shuttle services with accommodation`. 3. Point (c) of paragraph 4 is deleted. Article 12 Article 12 of Regulation (EEC) No 684/92 is deleted. Article 13 Article 13 (2) of Regulation (EEC) No 684/92 is deleted. Article 14 Article 14 of Regulation (EEC) No 684/92 is amended as follows: 1. The following is deleted from the first subparagraph of paragraph 1: 'or a shuttle service`. 2. The following is deleted from the last indent of paragraph 1: 'and, in the case of passengers  who have paid for accommodation, the total price of the journey, including accommodation, and  details of the accommodation`. Article 15 The second paragraph of Article 19 of Regulation (EEC) No 684/92 is amended as  follows: 'Member States shall adopt measures relating in particular to the means of carrying out checks and  the system of penalties applicable to infringements of the provisions of this Regulation, and take  all the measures necessary to ensure that those penalties are applied. The penalties thus provided  for shall be effective, proportionate and dissuasive. Member States shall notify the relevant  measures to the Commission not later than 31 December 1996, and shall notify any subsequent changes  as soon as possible. They shall ensure that all such measures are applied without discrimination as  to the nationality or place of establishment of the carrier.`Article 16 The Annex to Regulation  (EEC) No 684/92 is deleted. Article 17 Member States shall, before 31 December 1996 and after consulting the Commission,  adopt the measures necessary for the implementation of this Regulation and notify such measures to  the Commission. Article 18 The Commission shall report to the Council before 31 December 1999 on the application  of this Regulation. Article 19 This Regulation shall enter into force on the third day following that of its  publication in the Official Journal of the European Communities. It shall apply from 1 June 1996. This Regulation shall be binding in its entirety and directly applicable in all  Member States.(1) OJ No L 74, 20. 3. 1992, p. 1.   ANNEX >START OF GRAPHIC>EUROPEAN COMMUNITY(a)(Heavy-duty paper, blue - dimensions DIN  A4)(First page of the licence)(Text in the official language(s) or one of the official languages  of the Member States issuing the licence)Distinctive symbol of the country  (¹)State issuing the  licenceDesignation of the competent authorityor bodyLICENCE No .  .  .  .  .  . for the international carriage of passengers by coach and bus for hire or rewardThe holder of this  licence  (²)  .......... .......... .......... .......... is authorized to carry out international carriage of passengers by road for hire or reward in the  territory of the Community under the conditions laid down by Council Regulation (EEC) No 684/92 of  16 March 1992, as amended by Regulation .  .  . and in accordance with the general provisions of  this licence. Comments:  .......... .......... .......... .......... This licence is valid from  ..........  to  .......... Issued in  ..........  on  .......... ..........  (³)(¹)  Distinctive symbol of the country: (B) Belgium, (DK) Denmark, (D) Germany,  (GR) Greece, (E) Spain, (F) France, (IRL) Ireland, (I) Italy, (L) Luxembourg, (NL) Netherlands, (P)  Portugal, (UK) United Kingdom, (FIN) Finland, (A) Austria, (S) Sweden. (²) Full name or business name of the carrier. (³) Signature and stamp of the competent authority or body issuing the licence.>END OF GRAPHIC> General provisions1. This licence is issued pursuant to Council Regulation .  .  . amending  Council Regulation (EEC) No 684/92 on common rules for the international carriage of passengers by  coach and bus. 2. This licence is issued by the competent authorities of the State of establishment of the carrier  for hire or reward who: - is authorized in the State of establishment to undertake carriage by means of regular services,  special regular services or occasional services by coach and bus, - satisfies the conditions laid down in accordance with Community rules on admission to the  occupation of road passenger transport operator in national and international transport  operations, - meets legal requirements on road safety as far as the standards for drivers and vehicles are  concerned. 3. It permits the international carriage of passengers by coach and bus for hire or reward on all  transport links for journeys carried out in the territory of the Community: - where the place of departure and place of destination are situated in two different Member  States, with or without transit through one or more Member States or third countries, - from a Member States to a third country and vice versa, with or without transit through one or  more Member States or third countries, - between third countries crossing the territory of one or more Member States in transit, and empty journeys in connection with transport operations under the conditions laid down by  Regulation (EEC) No 684/92 as amended by Regulation .  .  . 4. This licence is personal and non-transferable. 5. It may be withdrawn by the competent authorities of the Member State of issue where the carrier  has in particular: - failed to meet all the conditions to which use of the licence was subject, - supplied inaccurate information regarding the data required for the issue or renewal of the  licence. 6. The original of the licence must be kept by the transport undertaking. A certified true copy of  the licence must be carried on the vehicle carrying out an international transport operation. 7. The licence must be presented at the request of any inspecting officer. 8. The holder must, on the territory of each Member State, comply with the laws, regulations and  administrative measures in force in that State, particularly with regard to transport and  traffic.