CELEX: 51988PC0595
Language: en
Date: 1988-10-26
Title: Amendments to the Proposal for a COUNCIL REGULATION (EEC) on common rules for the international carriage of passengers by coach and bus (presented by the Commission under Article 149, paragraph 3 of the EEC Treaty)

ARCHIVES HISTORIQUES
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DOCUMENTS "COM"
COM (88) 595
Vol. 1988/0202
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(88 ) 595 final
                                                 Brussels , 26 October 1988
                                Amendments to the
                                 Proposal for a
                         COUNCIL REGULATION ( EEC )
           on common rules for the international carriage of
                       passengers by coach and bus
     ( presented by the Commission under Article 149, paragraph 3
                              of the EEC Treaty )
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 ---pagebreak---                       txnlanatory mémorandum
                      1 . Un 9 April 1987 the Commission submitted to the Council a proposal
                          on common rules for the international carriage of passengers by                                                        1
                          coach and bus .
                          The purposes of the proposal were threefold , namely :                                                                '
                          - to introduce the freedom for an operator of any Member State to
                            provide passenger services between any two other Member States in                                                 !
                            accordance with the provisions of the Treaty , of the Court 's
                            Judgement in case 13 /83 and of the Commission 's White Paper " On
                            Completing the Internal Market ".
                          - to simplify the administrative procedures for obtaining
                            authorizations for international road passenger transport
                            operations , whilst leaving the basic system intact so that
                            shuttle services , regular and special regular services , continued
                            to be subject to authorization and occasional services free from
                            this requirement ;
                          - to improve the system of checks on these passenger transport
                            operations , with a particular emphasis on road safety aspects .
                      2 . At its plenary session on 10 March 1988 , Parliament approved the
                          Commission 's proposal subject to various amendments .
                      3 . The Commission accepted those amendments which would free from the
                          requirement for authorization shuttle services with accommodation
                          or were consequential on this . The Commission recognised that
                          these are essentially tourist packages , which do not disrupt the
                          general order of the passenger transport market , and so the
                          authorization requirement was no longer necessary .
                          The Commission has also accepted an amendment of Parliament 's which
                          introduces a system for subcontractors and pools of operators to
                          obtain authorizations .
                      A. Une result of the freeing of shuttle services with accommodation
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 ---pagebreak---                                                                  2
    these services should be allowed to pick up and set down passengers
    en route and whether passengers should be able to change groups on
    their return journey needs re-examining . The Coinmisssion is making
    a separate proposal to deal with these points and therefore did not
    accept Parliament 's amendment which would have allowed shuttle
    services with accommodation the possibility of unlimited pick up
    and set down places and an unlimited number of passengers changing
    groups , without being subject to authorization .
b . With regard to the remainder of Parliament 's amendments , the
    Commission did not accept certain ones because they :
    - would have introduced different and not optimal criteria for
      judging applications for authorization ;
    - would have removed the requirement for a ticket for passengers on
      shuttle services with accommodation .
                                                                         3
 ---pagebreak---                             Amendments to the proposal for a
                                  COUNCIL REGULATION ( EEC )
                                        on   common
rules for the international carriage of passengers by coach and bus ( 1 )
The Commission proposal of 7 April 1987 , as set out in document
CUI-i ( b 7 ) 7y final , is amended as follows :
1.    A new recital shall be             introduced after the fourth recital                :
      " Whereas it is appropriate to extend this flexible regime to
      shuttle services with accommodation in order to meet market
      requirements ".
2 . In the fifth recital after the words " shuttle services ", the words
      " without      accommodation " shall be inserted .
       '2 . a . A new recital shall be introduced after the fifth recital :
                " Whereas authorizations for services operated by several undertakings provided for
                  in this Regulation are without prejudice to authorizations or exemptions required
                  by other Community rules".'
 3.    In Article 2(2 ) ( a ), the last indent shall be deleted .
 4.     In Article 2(3 ) ( a ), the second indent shall be deleted .
 5.     In Article 2 , the following new paragraph 4 shall be inserted :
   "^" The definitions given in paragraphs 1 to 3 shall also apply to
      empty journeys carried out in connection with the services referred to therein .
 6. Article 4 shall be replaced by the following text :
                                          " Article   4
                                     Access to the market
      Occasional . services and shuttle services with accommodation
      shell not require authorization ."
 7 . Article 5 shall be replaced by the following text :
                                          " Article 5
                                      Control document
        1 . A transport undertaking operating occasional services and
              snuttle services with accommodation shall fill out a control
              document before each journey .
 ( 1 ) U.J. No . C 12U of U6.U5.1987 , p. 9
                                                                                        • • •/ • • •
                                                                                                     4
 ---pagebreak---                                                                      2
     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 ;
        (d)   in the case of a shuttle service with accommodation , details
              of the timetable , places and hotels or other establishments
              where the persons carried are staying , as well as the length
              of the stay .
     3 . The control document shall be supplied by the competent
         authorities of the Member State where the transport undertaking
         is established .
     4 . The Commission shall , after consultation with the Member States ,
         prescribe the model for the control document and the way in
         which the control document is to be used ."
8.   Article 6 shall be replaced by the following text :
                                   " Article 6
                            Access to the market
    Regular ,   services and shuttle services without accommodation shall
    be subject to authorization in accordance with Articles 8 to 14 ."
9 . Article 7 shall be replaced by the following text :
                                      " Article 7
                                    Spécial cases
                    Shuttle services without accommodation
    Authorizations as required by Article 6 shall        enable     transport
    undertakings to operate shuttle services without accommodation in
    the hollowing special cases :
    - to pick up on the return journey with another group up to a
       max'!; jm of 30 % of the passengers on the outward journey ;
                                                                  • • •/ • • •
                                                                               b
 ---pagebreak---                                                                            3
     - to pick up passengers at a maximum of six places on the outward
        journey and deposit them at a maximum of six places on the return
        journey provided that this is in the State from which the service
        departs ;
     - to set down passengers at a maximum of six places on the outward
        journey and pick them up at a maximum of six places on the return
        journey provided that this is in the State of destination of the
        service
ill . Article 8 , paragraphs 1 to 3 , shall be replaced by the following
       text    :
     " 1 . Authorizations for regular services and for shuttle services
           without accommodation shall be issued in the name of the
           transport undertaking ; they may not be transferred by the
           latter to third parties . However , the undertaking that has
           received the authorization may operate the service wholly or par ¬
           tially through a sub-contractor . In this case , the name of the
           latter undertaking and its role_ as sub-contractor shall be indicated'
           in the authorization .
            in the case of a service operated by several undertakings , the
            undertaking that manages it shall present a request for
            authorization in the name of all the undertakings concerned .
            The authorization shall be established in the name of all these
            undertakings and be given to the undertaking that manages the
            pool , with a copy to the others .
       2 . The period of validity of an authorization may not exceed seven
            years for regular services and special regular services and
             two years for shuttle services without accommodation .
                                                                        • • «/ • • •
                                                                                     6
 ---pagebreak---                                                                         4
                                                             <
      3 . Authorizations shall specify the following :
           (a ) the type of service ;
           (b ) the route of the service , giving in particular the place of
                 departure and the place of destination ;
          ( c ) the service timetable ;
          (d ) the schedule of driving and rest periods for drivers ;
          (e ) the period of validity of the authorization ;
          ( f ) for regular services and special regular services , the stops
                 and fares ."
11 . Article y shall be replaced by the following text :
                                        " Article 9
                                Scope of the authorization
      Transport undertakings shall be entitled to operate regular
      services , special regular services and shuttle services without
      accommodation in the territories of all Member States over which
      the routes of the services pass ."
12 . Article 1U , paragraphs 1 and 2, shall be replaced by the following
      text     :
     "1 . Applications for authorization 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 ".
      2 . Persons applying for authorization shall provide the
            authorizing authority with all the relevant information ."
 13 . Article 11 shall be replaced by the following text :
                                         " Article 11
                                 Examination of applications
        J       i,.j aul horizing authority shall issue the authorization in
               accordance with Article 12 , unless it can be shown that the
                                                                     • • »/ • • •
                                                                                  *
 ---pagebreak---                                                                         - b -
             service which is the subject of the application for
             authorization would compete unfairly with existing services
             in the areas concerned .
        2.    The authorizing authority may refuse applications 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 .
        3.   The authorizing authority may refuse applications only on the
             basis of reasons compatible with this Regulation ."
14 . Article 12 shall be replaced by the following text :
                                   " Article 12
                             Authorization procedure
     1.    The authorizing authority shall issue an authorization in
           agreement with the competent authorities of all the Member
           States in whose territories passengers are taken up or set
           down . In order to do this , it shall forward a copy of the
           application , together with copies of any other documentation ,
           and of its opinion on the application .
     2 . The competent authorities of the Member States whose agreement
           has been requested shall notify the authorizing authority of
           their opinion on the application within two months for regular
           services and special regular services and one month for
           shuttle services without accommodation .     These t ime - l imi t s shall
           be calculated from the date of       receipt    of the request for
           an opinion . If , within this time-limit , the authorizing
           authority has received no reply , the aforementioned
           authorities   shall be considered as having given their
           agreement .
                                                                        • « i/ ♦ • •
                                                                                      Z
 ---pagebreak---                                                                         6
                                                         /
     3 . Subject to Article 13 , the authorizing authority shall take a
          decision on the application within three months of the date of
          receiving the application for regular and special regular
          services and within two months for shuttle services without
          accommodation .
     4 . having completed the procedures laid down in this Article and
          in Article 13 , the authorizing authority shall inform the
          authorities referred to in paragraph 1 above and the
          authorities of the Member States whose territory is crossed in
          transit by the service , of its decision , sending them a copy of
          the authorization ; the transit States may indicate that they do
          not wish to be so informed ."
IS . Article 13 ( 1 ) shall be replaced by the following text :
     1 . If the procedure laid down in Article 12 does not enable the
          authorizing authority to decide on an application , the
          authorizing authority shall refer the matter to the Commission
          within four months from the date of receiving an application
           for regular and special regular services and within three
           months for shuttle services without accommodation ."
16 . The following paragraph 3 shall be added to Article 13 :
     " 3 . The Commission decision shall continue to apply until such
            time as agreement is reached between the Member States
            concerned . "
17 .  Article 14 snail be replaced by the following text :
                                    " Article 14
                                Issue of authorizations
       1 . Unce tlij procedures laid down in Articles 12 and 13 have been
            c'-npieted , the authorizing authority shall grant the transport
            unde'-t filing an authorization or shall formally refuse the
            ap;>l i > at ion .
                                                                     * I •/ • • •
 ---pagebreak---                                                                             7
            2 . Decisions refusing an application must state the reasons on
                which they are based and Member States shall ensure that
                transport, undertakings are given the opportunity to make
                representations in the case of a refusal ."
    18 . Article IS , paragraphs 1 and 3 and Article 17 shall be deleted .
    19 . Article 18 , paragraph 1 , shall be replaced by the following text :
          " 1 . The provisions of Articles ID to 14 shall apply mutatis
                mut andis to all applications relating to the alteration of the
                conditions of services subject to authorization or the
                renewal of authorization ."
    2 U . Articles 2U and 21 shall be deleted .
    21 . Article 24 , paragraph 1 , shall be replaced by the following text :
          "1.   fhe authorization or control document shall be carried on the
                vehicle and shall be presented at the request of any authorized
                inspecting officer ."
    22 . Article 27 , paragraph 1 , shall be replaced by the following text :
          " 1 . Member States may enter into bilateral or multilateral
                arrangements to simplify the procedures provided for in this
                Regulation for the authorization of shuttle services without
                accommodation , regular services and 'special regular
                services . "
Done at Brussels ,                                        For the Counci l
                                                                                A0