CELEX: 51979PC0216
Language: en
Date: 1979-04-26
Title: Proposal for a COUNCIL DECISION specifying certain aspects of the Agreement which the Commission is authorized to negotiate pursuant to the Council Decisions of 15 October 1975 and 20 February 1978 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 216
Vol. 1979/0091
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                         COM(79 ) 216 final..
                                         Brussels , 26 April 1979
                         Proposal for a
                        COUNCIL DECISION
               specifying certain aspects of the
               Agreement which the Commission is
               authorized to negotiate pursuant
                  to the Council Decisions of
             15 October 1975 and 20 February 1978
        ( submitted to the Council by the Commission )
 ---pagebreak--- BACKGROUND ■
1 » Negotiations have "been continuing on tie "basis of the Council
       Decision of 20 February 1978 amending the Decisions of 15 October
       1975 concerning the negotiation of an Agreement "between the
       European Economic Community and third countries on the rules
       applicable to the international carriage of passengers Ivj coach
       and "bus^j the most recent session was held from 5 to 7
       February 1979 •
 2 . With the exception of ons question of substance and one of form ,
       which are discussed "below , consensus was reached during the
        negotiations on a Preliminary Draft Agreement } the texb of which
        is given in an Annex to thiB document®
 QUESTION CF SUBSTANCE
 3 . The question is the liberalization of journeys with unladen entries
        to take up passengers , referred to in Article 5 ? paragraph 2 of the
        Preliminary Draft Agreement « The problem can "be "broken down, as
         follows :
  ( a ) Conclusion of the contract of carriage
         ( i ) The text of the Agreement prcposed^b.^ the Community
  4. The text of Article 5 , paragraph 2(a) of the draft Agreement , as
         proposed "by the Community delegation under its negotiating directives ,
         restricts liberalization solsly to unladen entries for the purpose
         of taMng up passengers constituting groups formed under contracts
         of carriage "before their arrival on the territory of the Contracting
     Document B/47/1/T8 (ïRAUS 4-Rev. 1 ) of 2.0 January 1978.
 ---pagebreak---     Party where they are taken up .
    As the Community is one of the Contracting Parties , the territories
    of its Member States are regarded as a single entity for the purpose
    of the Agreement .
    ( ii ) Position of the third countries
5.  The consequences of such a provision for the transport services
    under consideration can "be illustrated "by the following examples :
    – a Swedish carrier could enter Denmark unladen to take up a
       group of passengers formed in the United States , Japan or
       Finland , hut the same carrier could not enter Denmark unladen
       to take up a group of passengers formed in Germany ;
    – on the other hand , a German carrier could enter Denmark unladen
       (under Community legislation)^" to take up passengers arriving
       from the United States , Japan or Finland , or passengers arriving
       from Sweden.
6.  The non-member countries consider that this provision could cause
    economic imbalance in the functioning of the Agreement , as it .
    clearly favours Community carriers more than those of non-member
    countries .
    In view of this , they wish to amend the text of Article 5 »
    paragraph 2(a) to provide for the liberalization of unladen
    entries for the purpose of taking up groups formed under
    contracts of carriage made "before their arrival on the territory
    of the country where they are taken up .
 Regulation No 117/66/EEC of 28 July 1$66 (OJ ffo 147, 9 August 19 66,
 p. 2688).
 ---pagebreak---                                  - 3 -
Under this formula , and reverting to the above example , Swedish carriers
would "be able to enter Denmark unladen to take up passengers grouped in
Germany , as well as those permitted under the present wording , and parity
would thereby be established for Swedish carriers .
( iii ) The Commission' s position
7.   The advantages for Community carriers derive from the fact that they
can benefit from the provisions of both the Agreement and Community legislation ,
as well as from the geographical size of the Community which , in its entirety ,
constitutes a market with appreciable tourist potential .
 Nevertheless , the following factors should be borne in mind as relevant to
 the final decisions which the Council is required to adopt on this matter :
–   the aim of the liberalization under consideration is to facilitate the
operation of tourist transport services , organized by the carrier himself
or by providers of services ancillary to transport ( e.g. travel agents )
working closely with the carrier .   In the final analysis , what is . involved
is traffic which the carrier has "won" by his own efforts and the commercial
costs of which he himself bears .   It therefore seems only fair that the
 services involved in carrying this traffic should be operated by the
carrier who has organized it or has contributed to its organizing;
-   the provision requested by the non-member countries would place carriers
from all the Parties to the Agreement on the same footing ; it is therefore based
 on the principle of equal treatment which the Community could hardly
disregard :
 ---pagebreak--- – the request of the non-member countries does not affect the principle
underlying participation in the Agreement , namely that traffic between the
Member States is reserved for Community carriers and remains subject to
Community legislation (Regulation No 117/66 ), for any groups taken up by
carriers of non-member countries would then be carried outside the Community
( thus excluding the possibility of these passengers being carried between two
points within the territories of the Member States ) \
–    the total volume of traffic which would be covered by the provision proposed
by the non-member countries is small compared with the total amount of traffic
liberalized by virtue of the Agreement .
8.    The Commission therefore considers that the request of the non-member countri
should be given sympathetic consideration and hence that the text of Article 5 ,
paragraph 2(a) should be amended in accordance with the request of these
countries .
(b)    Determination of the transport operations which may be carried out after
       a liberalized unladen entry
(i)    The text of the Agreement proposed by the Community
9.    Carriers making an unladen entry to take up a group of passengers may in
theory carry out the following activities ;
(a )   enter unladen and carry out a closed–door tour beginning at the point
where the passengers are taken up , i.e. a tour in which no passengers are taken
up or set down along the route ; example : a Swedish carrier may enter Denmark
unladen to take up , in Copenhagen, a group of travellers formed in the
United States .    The group makes a round tour starting in Copenhagen, passing
through Germany and France , and returning to Copenhagen.    Here the group
disembarks from the vehicle , which returns unladen to Sweden ;
 ---pagebreak---                                         - 5 -
 (b)      errter unladen and carry the passengers to the territory of another
 Contracting Party ;
 example : the Swedish carrier enters Denmark unladen , takes up a group of
 passengers in Copenhagen and carries them to Norway .      There the group disembarks
and the vehicle returns unladen to Sweden ;
 (c)      enter unladen and carry the travellers to the territory of the State
 in which the vehicle is registered ;
 example : the Swedish carrier enters Denmark unladen , takes up a group of
passengers in Copenhagen and carries them to Sweden.
This version of the text of the draft Agreement (Article 5) implicitly
allows of all three possibilities , without infringing the arrangements
for Community carriers under Regulation No 117/66.
 ( ii )    Position of the third countries
 The non-member countries expressed unanimous agreement on the arrangement set
 out in ( c ) above .
 On the other hand , there are still differences over the arrangements set out
 in ( a ) and (b) .
  ( iii )    The Commission' s position
10 .     The Commission considers that the liberalizing of unladen entries for
the purpose of carrying groups of passengers to the country in which the
vehicle concerned is 'registered (Point 9(c)) concerns most oases actually
occurring in the market , and that the possible situations covered by
Points 9 ( a.) and (b ) are of only marginal importance , since the services
referred to in these paragraphs oomprise a large amount of unladen travel
by the vehicle , which increases transport costs and rates .
 ---pagebreak---                                  - 6 -
The Commission therefore considers that the Community could also support
the minimalist     formula which provides solely for the liberalizing of unladen
entries for the purpose of taking up a group of passengers and carrying them
to the territory of the Contracting Party in which the vehicle is registered .
This formula would also mitigate the effect of liberalizing unladen entries
in the situations examined in Points 4 "to 7 above <,
( c)   the carriage of migrant workers
( i) The text of the Agreement proposed by the Commission
Article 5, paragraph 2(b) of the draft Agreement proposed by the Commission
provides for the liberalizing of unladen entries into the territory of a
Contracting Party to take up passengers previously taken there by the same
carrier .
Example :   A Swedish carrier enters Denmark unladen to take up a group of
passengers which he had set down there at the end of an earlier journey .
( ii )  Position of the third countries
Some non-member countries (particularly Portugal , Spain, Turkey and Yugoslavia)
tabled a reservation with regard to this provision , on the" grounds that it
creates a disequilibrium between Community and non-Community carriers .
These countries feel that Community carriers could take advantage of this
provision to carry groups of foreign workers resident in Community countries
to their countries of origin when they return there on holiday ; at the end
of the holidays , the same carriers would return to these countries to take
up the workers and carry them back to their countries of residence .
 ---pagebreak---                                    - 7 -
(Example :  A German carrier takes a group of Yugoslav nationals working
in Germaiy to Yugoslavia ;  two weeks later , the same carrier makes another
journey , entering Yugoslavia unladen , to take up the same group of
passengers and carry them hack to Germany ) .
To redress the balance , the non-member countries are asking that their
carriers he allowed to enter the territory of the Member States of the
Community unladen to take up workers of the nationality of the country
in which the vehicle is registered and carry them "thither .   At the end of
the holidays the same carriers would bring back the workers to the
country in which they are resident as immigrant workers .
( iii ) The Co^iss_ion^s p£s_it ion
The Commission considers that the request of the non-member countries would
have the result of establishing a principle of discrimination based on the
nationality both of the carrier and of the persons carried .
Also , a provision of this type would , in effect , place the carriers of
non-member countries in a position more favourable than that granted to
Community carriers .
Even if such a provision were to be acceptedj it would be very difficult to
apply in practice and there would also be insurmountable difficulties as
regards controls .
For all these reasons , the Commission considers that the Community should
not accede to this request by certain non-member countries .
 ---pagebreak---                                    - 8 -
If these countries maintain their reservations with regard to Article 5 »
paragraph 2(b ), a possible solution might "be to agree with the countries
concerned not to liberalize unladen entries for the purpose of taking up
groups of passengers previously carried "by the same operator to the
territory of the Contracting Party concerned .
(d ) Compromise
The Commission considers that a compromise with the non-member countries
might "be reached by amending the present text of Article 5 "to permit the
liberalization of unladen entries of vehicles into the territory of a
Contracting Party under the following conditions :
    ( i ) passengers to be taken up must be grouped under a contract of
           carriage made before their arrival in the country where they are
         . taken up ;
  ( ii ) following an unladen entry , the carrier must carry the group of
           passengers constituted as under ( i ) above to the territory of
           the Contracting Party in which the vehicle is registered ;
( iii ) unladen entries for the purpose of taking up passengers set down
           at the end of a previous journey will be liberalized only in
           respect of traffic between Contracting Parties accepting this
           form of liberalization;
  ( iv) unladen entries for the purpose of taking up migrant workers
           resident in the place they are taken up will not be liberalized
           and therefore remain subject to the authorization system *
The Contracting Parties could undertake to give sympathetic consideration
to any applications for authorizations submitted to them in this
connection, a point which could be embodied in a declaration annexed to
the Agreement .
 ---pagebreak---                                - 9 -
III .  PROBLEM OF FORM
In the interests of avoiding an additional workload said an avalanche
of paper work , all the non-member countries expressed themselves in
favour of drawing up the Agreement in only one language , namely
French j this text alone "being authentic.
The Commission reserved its position on this point .   But it does
consider that the solution advocated should "be accepted by the
Community because :
–   the use of a single language would considerably reduce the
    administrative work ;
–  translations of the text of the Agreement in all the official Community
   languages will appear , in any case , as an Annex to the Community
   regulation embodying the Council 's approval of this Agreement on
   behalf of the Community ;
–  if the Community were to insist on having the Agreement drawn up in
   all the Community languages or even in several of the languages , this
   would automatically prompt a request from all the Contracting Parties
   that the Agreement be drawn up in . all their languages •
In view of the foregoing, the Commission presents to the Council the
annexed proposal for a decision .
 ---pagebreak---                            Proposal for a
                          COUNCIL DECISION"
                specifying certain aspects of the
                Agreement which the Commission is
                authorized to negotiate pursuant
                    to the Council Decisions of
               15 October 1975 and 20 February 1978
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to the proposal from the Commission ,
Whereas by the Decisions of 15 October 1975 and "tke Decision of
20 February 1973 the Council authorized the Commission to negotiate an
           between the European Economic Community and third countries on
the rules applicable to the international carriage of passengers by coach
and bus ;  whereas the Council issued negotiating directives for that
purpose ;
Whereas some of the problems arising during the negotiations require that
the Community state its position thereon; whereas , more parti cular ly , it
would be desirable to supplement the directives issued by the Council on
15 October 1975 and 20 February 1978 by defining the journeys with unladen
entries which are to be liberalized and providing for more limited
liberalization for traffic links      with those third countries which so
desire ;      whereas it should be decided in what language the authentic
text of the Agreement is to be drawn up,
 HAS DECIDED AS FOLLOWS :
                            Sole article
The provisions set out in the Annex hereto shall be added to the two Council
Decisions of 15 October 1975 and the Council Decision of 20 February 1978 .
Done at Brussels , ••••••••••••                   For the Council
                                                  The President
 ---pagebreak---                                                                AMIEX
In the negotiations "between the European Economic Community,
Austria , Spain , Finland , Greece , Norway , Portugal , Sweden ,
Switzerland , Turkey and Yugoslavia concerning an Agreement on the
rules applicable to the international carriage of passengers by­
road by means of occasional coach and bus services , the Commission
will propose :
( a) Wit_h_r_e^ard to^occas iona^ £ervices__
1»     that outward unladen journeys to take up passengers "be liberalized
       on condition that the passengers constitute groups formed under
       contracts of carriage made before their arrival in the country
       in which they axe taken up ;
2.     that at the end of an unladen outward journey as described in
       1 above , the carrier must carry the group of passengers to the
       territory of the Contracting Party in which the vehicle is
       registered ;
3.     that unladen outward journeys to take up passengers set down at
       the end of a previous journey be liberalized only for traffic
       links      between Contracting Parties which accept this form of
       liberalization ^
4.      that outward unladen journeys to take up migrant workers resident
        in the place where they are taken up should not be Liberalized and should
       remain subject to authorization .
 ( b ) With_r££ard_ io^the^authentj^c^tjext £f„themA^£ement_
 5.     that the Agreement be drawn up in French only , and that this text
        alone be authentio .
 ---pagebreak---                                  AGREEMENT
              PIT TTTE TFTCTATT01TAL CARRIAGE OF PASSEMT^RG BY ROAD
            BY" TIEAITS OP OCCASIONAL COACH     BUS SERVICES ( ASOR )
Cc-rr.crtr: ;     The footnotes stem from the discussion at the Plenary Meeting
                  in Brussels on 5 > 6     7 February 1979 *
 ---pagebreak---                                         - 2 -
        he Council of the Eurppean Communities ,
        e Federal President of the Republic of Austria ,
        s Majesty the King of Spain ,
       le President of the Republic of Finland ,
       le  President of the Hellenic Republic ,
      le   Government of the Kingdom of Norway ,
      he   President of the Portuguese Republic ,
      he   Swiss Federal Council ,
      he Government of Sweden ,
      he President of the Republic of Turkey ,
     'he President of the Socialist Federal Republic of Yugoslavia ,
    JESIiltlTG to promote the development of international transport and
    especially to facilitate the organisation and operation thereof;
  .•JIOKJEAS some international carriage of passengers by road by means of
 occasional coach and bus services are at present liberalised as far as
the European Economic Community is concerned , by the Council Regulation
fro . 117/O6/E20 of 28th July , 1966 concerning the introduction of common
rules for the international carriage of passengers by coach and bus ^
and by Regulation (EEC ) No . 1016/68 of the Commission of 9th July , I968
prescribing the model control documents referred to in Articles 6 and 9
of Council Regulation No , 117/66/EEC ^^ -
UKEREAS , in addition , the European Conference of Ministers of Transport
has adopted Resolution Ho . 20 of l6th December , I969 concerning the
introduction of general rules for international coach ana bus transport
which also concerns the liberalisation of some international carriage of
passengers by road by means of occasional coach and bus services ;
 !iHE3HEAS it is desirable to provide for harmonized liberalisation measures
  for occasional international services for passengers by road and to simpli­
  fy inspection procedures by introducing a single document        .
      ( 1)    0J of the EC No . 147 of 9th August , 1966 , p. 2638
      ( 2)    OJ of the EC No , L 173 of 22nd July , I968 , p. 8 .
      ( 3 ) Volume of ECMT Kesolutions , I969 « p . 67 ,
             volume of ECMT Resolutions . 1971 » p. 133 .
                                                                            /
                                                                        * «/ • «
 ---pagebreak---                                        3
WHEREAS it is desirable to assign some administrative tasks concerned with
the Agreement to the Secretariat of the European Conference of Ministers
of Transport ;
                  HAVE DECIDED TO ESTABLISH UNIFORM RULES
           FOR THE INTERNAT IONAL CARRIAGE OF PASSENGERS BY" ROAD
             BY MEANS OF OCCASIONAL COACH AND BUS SERVICES^)
and to this end have designated as their Plenipotentiaries :
The Council of the European Communities :
The Federal President of the Republic of Austria :
His Majesty the King of Spain :
The President of the Republic of Finland :
The President of the Hellenic Republic :
The Government of the Kingdom of Non-fay :
The President of the Portuguese Republic :
The Swiss Federal Council :
The Government of Sweden :
The President of the Republic of Turkey :
The President of the Socialist Federal Republic of Yogoslavia :
WHO , having exchanged their Full Powers , found in good and due form ,
HAVE AGREED AS FOLLOWS :
 ( l ) General reservation of the Yugoslav Delegation concerning the content
       of the Preliminary Draft Agreement as it has not yet been approved by
       the Federal Executive Council .
 ---pagebreak---                                       - t -
                                SECTION     I
                          SCOPE AIÏÏ) DEFINTTI0TT3
                              Article 1^
1.    This Agreement shall apply to the international carriage of passen­
gers by road by means of occasional services effecteds
      –   between the territories of two Contracting Parties or
      –   starting and finishing in the territory of the same Contracting
          Party , and should the need arise during such a carriage , but
          in transit through the territory of another Contracting Party
                                                               ( 2)
          or through the territory of a non-contracting Statev      f
          and
      – using vehicles registered in a Contracting Party which by virtue
          of their construction and their equipment , are suitable for
          carrying more than nine persons , including the driver , and are
          intended for that purpose .
2.    For the purposes of this Agreement , the term "territory of a
Contracting Party" covers , as far as the European Economic Community is
concerned , these territories where the Treaty establishing that Community
is applied under the conditions laid down in that Treaty .
                                Article     2
1.    For the purposes of this Agreement occasional services shall mean
services falling neither within the definition of a regular service in
Article 3 nor within the definition of a shuttle service in Article 4 »
They includes
{ &)  closed-door tours , that is to say services wherety 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 5
 (b)
 (*)   services which make the outward journey laden and the return
       journey unladen ;
 (0)   all other services *
To-®.*
 ( 1)       Yugoslav Delegation considers that the Afferent should also
       cover transport to and fron a non-contracting State.
 (2)
 ( 2) The Portugese                                          S Sw
                         of the provisions of th. Asree.ent upon those of
        the Community regulation .
 ---pagebreak--- 2.    Save for exemptions authorised try the competent authorities in the
Contracting Party concerned , in the course of occasional i?er-rices no
passenger may be taken up or set down during the journey .     Such
services may he operated with some degree of frequency without thereby
ceasing to be occasional services „
                                Article   5
1.    For the purposes of this Agreement regular services shall mean
services which provide for the carriage of passengers according to a
specified frequency and along specified routes , "hereby passengers may
be taken up and set down at predetermined stopping points .    Regular
services can be subject to the obligation to respect previously estab­
lished timetables and tariffs .
2.    For the purposes of thir; Agreement , services , by whomsoever
organised , which provide for the carriage of specified categories of
passengers to the exclusion of other passengers , insofar as such
services are operated under the conditions specified in paragraph 1 ,
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 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 .
                                Article  £
1.    For the purposes of this Agreement shuttle services shall mean
services whereby , by means of repeated outward and return journeys , pre­
viously formed groups of passengers are carried from a single place of
departure to a single destination . Each group, consisting of the
passengers who made the outward journey , shall be carried back to the
place of departure on a later journey „
      Place of departure and destination shall mean respectively the
place where the journey begins and the place wasre trie ^ ovvrn.sy ends *
together with , in oach case , the surrounding locality .
2.    In the course of shuttle services , no passenger may be taken up or
set down during the journey .
 ---pagebreak--- 3.    The first return journey and the last outward journey in a series
of journeys shall be made unladen .
4.    However , the classification of a transport operation as a shuttle
service shall not be affected by the fact that , with the agreement of
the competent authorities in the contracting party or parties concerned
      _ passengers , notwithstanding the provisions of paragraph 1 ,
         make the return journey with another group ,
      – passengers , notwithstanding the provisions of paragraph 2 ,
         are talcen up or set down along the way ,
      -  during the first outward journey and the last return
          journey , notwithstanding the provisions of paragraph 3 ,
         no passengers are carried .
 ---pagebreak---                                          - 7 -
                                   SECTION   II
                            LIBERALISATION MBASUHES
                                    Article    5
           The occasional services raferred to in Article 2 , paragraph 1 , ( a)
  and ( b) shall be exempted from authorisation on the territory of any
  Contracting Party other than that in which the vehicle is registered .
2.         The occasional services referred to in Article 2 , paragraph 1 [ c )
shall be exempted from authorisation on the territory of any Contracting
Party other than that in which the vehicle is registered under the follow­
ing conditions :
–     if the outward journey is made unladen and all the passengers are taken
     up in the same place and if
–    the passengers
      ( a)   constitute groups formed under contracts of carriage made
             ( before crossing a frontier previous to their arrival at
             the boarding point "^(before their arrival on the territory
             of)(2)       Contracting Party)^^ (the State)^^ where they
             board and are carried on the territory of ( the Contracting
             Party)^"^ (the State)^^in which the vehicle is registered
             ( or on the territory of another Contracting Party) ^ or
( 6)(b )     were previously brought , by the same carrier in the circumstances
             provided for under Article 2 paragraph 1 ( b), into the territory
             of the Contracting Party where they are taken up again and are
             carried into the territory of (the Contracting Party)^^ (the
             State)^^in which the vehicle is registered ( or into the territory
             of another Contracting Party)       or
(1)        Proposed by the Austrian , Swiss and Portuguese Delegations .
( 2)       Proposed by the Community . Oreelc . Finnish . Swedish and Norwegian
           Delegations .
(3)        Proposed by the Community and Greek Delegations .
(4)        Proposed by the Austrian . Swiss , Portugese . Finnish , Swedish
           Norwegian and Spanish Delegations .
 (5)       Reservation expressed by the Finnish , Swedish and Norwegian
           Delegations ? the C ommunity and Austrian Delegations could agree
           to delete this text .
 ( 6)      Reservation as to the whole of point ( b) expressed by the
           Portuguese . Spanish . Turkish and Yugoslav Delegations .
 ---pagebreak---                                            8
       (c)     have "been invited to travel to the territory of another
               Contracting Party , the cost of transport being "borne "by the
               person issuing the invitation . Such passengers must constitute
               a homogeneous group , which has not been formed solely with a
               view to undertaking that particular journey and which returns
               to the territory of the Contracting Party where the vehicle
               is registered .
 ( 7 ) ( d.)   form a group of workers temporarily living abroad who are
               carried back to their native land by a coach registered in that
               land^
 ( 9 ) ( d)    form a group of workers temporarily living abroad and who are
               grouped under a contract of carriage made before the vehicle
               enters the territory of the State where they are taken up
               ^"before crossing a frontier previous to the arrival of the
                 vehicle to the point where the passengers are taken ujy^"^
               their place of destination being situated in the territory of
               the covuitry where the vehicle is registered .
3.        Where , in the case of occasional services falling within Article 2 ,
 paragraph 1 ( c ), the conditions laid down in paragraph 2 of this Article
 are not satisfied , such services may be made subject to authorisation on
 the territory of the Contracting Party concerned .
 (7)         Proposal of the Yugoslav Delegation .
 (8)         Reservation of the Community and Austrian Delegations ; these
             Delegations are in favour of the following declaration :
             "The Contracting Parties declare that as far as the issue
             of authorisations for -unladen entries for the purpose of
             carrying migrant workers returning to their native land
             for holidays is concerned they will endeavour ( to find an
             appropriate solution)^"^(to issue as rapidly as possible and
             without administrative complications the necessary authorisations
             provided for under Article 5i paragraph 3 ? ( 2) in the cases where
             no regular services exist capable of undertaking the carriage
             concerned . "
                       (1) Proposed by the Community Delegation ,,
                       (2) Proposed by the Swiss Delegation ,,
   (9)        Proposed by  the Portuguese Delegation *
 ( 10 )       Proposed by  the Swiss Delegation *
 ---pagebreak---                                       9
                                SECTION  III  .
                            COflTROL  DOCUMENT
                                 Article  6
        Carriers operating occasional services within the meaning of this
Agreement shall , whenever required to do so by any authorised inspecting
officer , produce a control document issued "by the competent authorities
in the Contracting Party where the vehicle is registered or by a duly
authorised agency .   This control document shall replace the existing
control documents .
                                 Article   7
1.      The control document referred to in Article 6 shall consist of
detachable passenger waybills in duplicate books of 25 •   The control
document shall conform to the model shown in Annex II of this Agreement .
This Annex shall form an integral part of the Agreement .
2.      Each book and its component passenger waybills shall bear a number .
The passenger waybills shall bear supplementary numbers , running from 1 to
25 .
3.      The wording on the cover of the book and that on the passenger
waybills shall be printed in th6 official language or languages of the
Llember State of the European Economic Community or of any other Contracting
Party in which the vehicle used is registered .
                                 Article   8
1.      The book referred to in Article 7 shall be made out in the name of
the carrier ; it shall not be transferable .
2.      The top copy of the passenger waybill shall be kept on the vehicle
throughout the journey to which it refers .
3.      The carrier shall be responsible for seeing that passenger waybills
are duly and correctly completed .
                                                                 • •/ • m
 ---pagebreak---                                      - 10 -
                                  Article 9
1.      The passenger waybill shall be completed in duplicate "by the carrier
for each journey "before the start of the latter .
2.      For the purpose of providing the names of passengers , the carrier
may use a list already completed on a separate sheet , which shall be
firmly stuck in the place provided for it under item No . 6 in the passenger
waybill . The carrier 's stamp or , where appropriate , the carrier f s signa­
ture or that of the driver of the vehicle shall be placed across both the
list and the passenger waybill .
3.      For the services involving an outward journey unladen referred to in
Article 5 , paragraph 2 of this Agreement , the list of passengers may be
completed as provided in paragraph 2 at the time when the passengers are
taken up .
                                 Article    10
        The competent authorities in two or more Contracting Parties may
at7ree bilaterally or multilaterally that the list of passengers under
item No . 6 of the passenger waybill need not be drawn up .       In that case ,
the number of passengers must be shown .
                                 Article    11
 1.     A book with stiff green covers and containing a copy of the text
of the model control document shown in Annex II to this Agreement in each
official language of all the Contracting Parties must be carried in the
vehicle .
 2.     The following must be printed on the cover of the book in capital
 letters and in the official language or languages of the State in which the
 vehicle used is registered :
        "Tort of the model passenger waybill in Danish , German , English ,
        Spanish , Finnish , French , Greek , Italian , Dutch , Norwegian ,
        Portuguese , Serbo-Croat , Swedish and Turkish".
 ---pagebreak---                                      - 11 -
 3.     This book must be produced whenever required by authorized inspec­
 ting officers .
                                 Article  12
        ITotv/ithctanding the provisions of Article 6 , control documents used
"before the entry into force of this Agreement may be used during two years
after the entry into force of the Agreement referred to in Article 17 ,
paragraph 2 .
 ---pagebreak---                                          - 12 -
                                    SECT I PIT IV
                         GENERAL   AND   FINAL    PROVISIONS .
                                    Article    13
 1.        The competent authorities in the Contracting Parties shall adopt
 the measures required to implement this Agreement .
           Such measures shall cover , in particular :
           – the organisation , the procedure and the means of control ,
              and penalties for any "breach ;
           – the period of validity of the hook ;
           – the processing and filing of the top copy and duplicate of
              passenger waybills ;
           – the designation of the competent authorities referred to in
              Articles 2 , 6 , 10 and 14 , as well as the organisations
              referred to in Article 6 ;
           – the stamping , if required , of the passenger waybill "by inspecting
              officers .
 2.        The measures taken under paragraph 1 shall he communicated to the
 Secretariat of the European Conference of Ministers of Transport (ECMT )
 which shall inform the other Contracting Parties .
                                     Article    14
          The competent authoritiesin the Contracting Parties will ensure that
the carriers respect the provisions of this Agreement . They will inform
each other in regard to their respective national legislation of the
offences committed on their territory by a carrier from^the territory of
another State and , if relevant , of the penalty imposed
  ( 1 ) Provisional reservation by the Swiss Delegation ,
 ---pagebreak---                                        - 13 -
                                - Article   1
        The provisions of Articles 5 and 6 shall not "be applied to the extent
that Agreements or other arrangements in force or to "be concluded between
two or more Contracting Parties provide for more liberal treatment .     The
terms "Agreements or other arrangements in force between two or more
Contracting Parties " as far as the European Economic Community is concerned
cover the Agreements and other arrangements whi ch have been concluded by
the Member States of this Community .
                                  Article   16
1.      If the operation of this Agreement or the measures taken under
Article 13 should make it necessary any of the Contracting Parties can
request tha,t a meeting of the Contracting Parties be convened for the
purpoce of jointly examining the problems encountered and any solutions
proposed .
2.      The chairmanship of the meetings referred to under paragraph 1 above shall
be held    alternately by the European Economic Community and another
Contracting Party nominated for this purpose .
 3.     Requests for convening a meeting , as mentioned in paragraph 1 , should
be addressed to the ECMT Secretariat .
/.      The ECMT Secretariat shall immediately inform the other Contracting
Parties of requests as mentioned in paragraph 1 ; unless such request for
 convening a meeting is withdrawn within four weeks the ECMT Secretariat ,
when this period is over shall fix the date and place of the meeting in
 a^rreement with the chairman in office since the last plenary meeting and
 shall convene this meeting at . the earliest .nossible date . .
                                  Article  17
1.      This Agreement shall be approved or ratified by the Contracting
Parties in accordance with their own procedures .     The instruments of
approval or ratification shall "be deposited by the Contracting Parties
with the Secretariat of the ECMT .
                           r '
 ---pagebreak---                                       - 14 -
2.      This Agreement shall enter into force , when five Contracting Parties
including the European Economic Community have approved or ratified it , on
the first day of the third month following the date on which the fifth
instrument of approval or ratification is deposited .
3.      This Agreement shall enter into force , for each Contracting Party
which approves or ratifies it after the date of entry into force provided
for under paragraph 2 , on the first day of the third month following the
date on which the Contracting Partj- concerned has deposited its instrument
of approval or ratification with the ECMT Secretariat .
4.      The provisions of Sections II and III of this Agreement shall "be applicable
 seven months after the entry into force of the Agreement as
specified respectively in paragraphs 2 and 3 of this Article .
                                 Article   18
1.      After this Agreement has been in force for three years , under the
conditions set out in Article 17 ? paragraph 2 , any Contracting Party can ,
by means of a notification addressed to the ECMT Secretariat , request the
convening of a conference for the purpose of revising the Agreement . The
Secretariat shall immediately inform the other Contracting Parties of the
request and fix the date and place of the Conference at the earliest
possible date . The Chairmanship of these conferences shall be covered by the
provisions of Article 16 , paragraph 2 .
 2.      As far as the approval or the ratification of the revision of the
Agreement between all the Contracting Parties is concerned , as well as
the entry into force of the revision , the provisions of Article 17 shall
apply .
                                 Article    19
 1.      This Agreement is concluded for a period of five years from its entry
 into force .
 2.      Each Contracting Party may , for its part , withdraw from this
 Agreement with 12 months notice as from 1st January by simultaneous notifi­
 cation to the other Contracting Parties through the ECMT Secretariat .
 However , the Agreement cannot be terminated during the first five years
 which follow its entry into force as provided under Article 17 • paragraph 2 .
 ---pagebreak---                                       - 15 -
3-      Unless five Contracting Parties including the European jiconomio
Community have withdrawn the d->rrat i on of this Agreement shall , on the
expiry of the five–year period referred to in paragraph 1 , be automatically
extended for successive periods of five years .
                                 Article 20
        This Agreement , drawn up in a single original in ( French )       ( Danish ,
German. English , French, Italian and Dutch)^) (this text "being authentic)^
                                                 ( ?)
( each of these texts "being equally authentic )      , shall "be deposited in the
archives of the ECMT Secretariat which shall transmit a certified copy to
each of the Contracting Parties .
        In witness whereof , the undersigned Plenipotentiaries have signed
this Agreement .
(D      Proposal of the Swedish . Norwegian . Finnish . Swiss . Austrian .
        Portuguese , Turkish and Greek Delegations .
 ( 2)   Proposal of the Community 's Delegation .
 ---pagebreak---                                                    Annex I
flnmrnnn Declaration Concerning Article 1 of the Agreement
The Contracting Parties agree that the liberalisation measures
provided -under Article 5 » paragraph 2 of the Agreement shall
 only be enforceable between the Contracting Parties who apply
the provisions of the European Agreement concerning the work
 of crews of vehicles engaged in International Road Transport
 ( Asm) from 1st July 1970 ? or equivalent conditions to those
 provided under the AETR , to the occasional services governed
 t>y this Agreement .
 The Contracting Party which intends , for the reasons set out
 above , to adopt measures for the non–application or the sus­
 pension of the liberalisation provisions under Article 5
 paragraph 2 of the Agreement , declares itself ready to consult
 the relevant Contracting Party before the possible adoption of
 these measures .