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

26. 11. 88                                Official Journal of the European Communities                                No C 301/5
                                                                 II
                                                          (Preparatory Acts)
                                                    COMMISSION
               Amendments to the proposal for a Council Regulation (EEC) on common rules for the interna-
                                       tional carriage of passengers by coach and bus (')
                                                         COM(88) 595 final
               (Submitted by the Commission to the Council pursuant to Article 149 (3) of the EEC Treaty on
                                                         4 November 1988)
                                                           (88/C 301/07)
The Commission proposal of 7 April 1987, as set out in                 6. Article 4 is replaced by the following text:
document COM(87) 79 final, is hereby amended as
follows:                                                                   Article 4
                                                                          Access to the market
  1. A new recital is introduced after the fourth recital:
                                                                          Occasional services and shuttle services with accom-
                                                                          modation shall not require authorization.'
     'Whereas it is appropriate to extend this flexible
     regime to shuttle services with accommodation in                  7. Article 5 is replaced by the following text:
     order to meet market requirements'.
                                                                           Article 5
  2. a) In the fifth recital after 'shuttle services', 'without           Control document
         accommodation' is inserted.
                                                                           1.    A transport undertaking operating occasional
                                                                          services and shuttle services with accommodation
     b) A new recital is introduced after the fifth recital:
                                                                          shall fill out a control document before each
         'Whereas authorizations for services operated by                 journey.
         several undertakings provided for in this Regu-
         lation are without prejudice to authorizations or
                                                                          2.     The control document         shall  contain   the
         exemptions required by other Community rules'.
                                                                          following information:
                                                                          (a) the type of service;
  3. In Article 2 (2) (a), the last indent is deleted.                    (b) the schedule of driving and rest periods for
                                                                               drivers;
                                                                          (c) the main itinerary;
  4. In Article 2 (3) (a), the second indent is deleted.
                                                                          (d) in the case of a shuttle service with accommo-
                                                                               dation, details of the timetable, places and hotels
                                                                               or other establishments where the persons
  5. In Article 2, the following new paragraph 4 is
                                                                               carried are staying, as well as the length of the
     inserted:                                                                 stay.
                                                                          3.     The control document shall be supplied by the
     '4.    The definitions given in paragraphs 1 to 3 shall
                                                                          competent authorities of the Member State where
     also apply to empty journeys carried out in
                                                                          the transport undertaking is established.
     connection with the services referred to therein'.
                                                                          4.     The Commission shall, after consultation with
                                                                          the Member States, prescribe the model for the
                                                                          control document and the way in which the control
(') OJ No C 120, 6. 5. 1987, p. 9.                                        document is to be used.'
 ---pagebreak--- No C 301/6                              Official Journal of the European Communities                                26. 11. 88
 8. Article 6 is replaced by the following text:                       (c) the service timetable;
    'Article 6                                                         (d) the schedule of driving and rest periods for
                                                                            drivers;
    Access to the market
                                                                       (e) the period of validity of the authorization;
    Regular services and shuttle services without accom-
    modation shall be subject to authorization in                      (f) for regular services and special regular services,
    accordance with Articles 8 to 14.'                                      the stops and fares.'
 9. Article 7 is replaced by the following text:
                                                                   11. Article 9 is replaced by the following text:
     'Article 7
    Special cases                                                       'Article 9
    Shuttle services without accommodation
                                                                       Scope of the authorization
    Authorizations as required by Article 6 shall enable
    transport undertakings to operate shuttle services
    without accommodation in the following special                     Transport undertakings shall be entitled to operate
    cases:                                                             regular services, special regular services and shuttle
                                                                       services without accommodation in the territories of
    — to pick up on the return journey with another                    all Member States over which the routes of the
         group up to a maximum of 30 % of the                          services pass.'
         passengers on the outward journey,
    — to pick up passengers at a maximum of six places
         on the outward journey and deposit them at a              12. Article 10, paragraphs 1 and 2, is replaced by the
         maximum of six places on the return journey                   following text:
         provided that this is in the State from which the
         service departs,                                              '1.     Applications for authorization shall be
    — to set down passengers at a maximum of six                       submitted to the competent authorities of the
         places on the outward journey and pick them up                Member State in whose territory the place of
         at a maximum of six places on the return journey              departure is situated, hereinafter referred to as 'the
         provided that this is in the State of destination of          authorizing authority'.
         the service.'
                                                                       2.     Persons applying for authorization shall
10. Article 8, paragraphs 1 to 3, is replaced by the                   provide the authorizing authority with all the
    following text:                                                    relevant information.'
    '1.     Authorizations for regular services and for
    shuttle services without accommodation shall be                13. Article 11 is replaced by the following text:
    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                 Article 11
    the authorization may operate the service wholly or
    partially through a sub-contractor. In this case, the              Examination of applications
    name of the latter undertaking and its role as sub-
    contractor shall be indicated in the authorization.
                                                                        1.    The authorizing authority shall issue the auth-
    In the case of a service operated by several under-                orization in accordance with Article 12, unless it can
    takings, the undertaking that manages it shall                     be shown that the service which is the subject of the
    present a request for authorization in the name of all             application for authorization would compete unfairly
    the undertakings concerned. The authorization shall                with existing services in the areas concerned.
    be established in the name of all these undertakings
    and be given to the undertaking that manages the
                                                                       2.     The     authorizing   authority   may     refuse
    pool, with a copy to the others.
                                                                       applications if in the past the applicant has not
    2.     The period of validity of an authorization may              complied with conditions and requirements relating
    not exceed seven years for regular services and                    to authorizations for international road passenger
    special regular services and two years for shuttle                 services or has committed serious breaches of legis-
    services without accommodation.                                    lation in regard to road or vehicle safety and driving
                                                                       and rest periods.
    3.     Authorizations shall specify the following:
     (a) the type of service;                                           3.    The     authorizing   authority    may     refuse
    (b) the route of the service, giving in particular the             applications only on the basis of reasons compatible
          place of departure and the place of destination;             with this Regulation.'
 ---pagebreak--- 2D. 11.88                                                   COfficial]oLirnal of the European Cornrntinities                              ^oC^OlBB
14. Articlel2 is replaced by the following te^or                                            5^.    Lhe Commission decision shall continue to
                                                                                            apply until such time as agreement is reached
     A^c^^2                                                                                 between the member states concernedB
    Au^ho^^uon^^ocedure
                                                                                        17. Articlel4is replaced by the following te^ue
    1.      I^he authorising authority shall issue an auth
    ori^ation in agreement with the competent auth
    oritiesof a l l t h e ^ i e m b e r ^ t a t e s in whose territories
    passengers are takenup or set down. I n o r d e r t o d o                               Issue of autho^auor^s
    this, it shall forward a copy of the application,
    together with copies of any other documentation,                                        1.    COnce the    procedures laid down in Articles 12
    and of its opinion on the application.                                                  and 1^ ha^e          been completed, the authorising
                                                                                            authority shall     grant the transport undertaking an
    2.      The competent authorities of the member                                         authorisation       or       shall formally   refuse  the
    states whose agreement has been requested shall                                         application.
    notify theauthori^ingauthority of theiropinion on
    the application within two months for regular                                           2.    Precisions refusing an application must state the
    services and special regular services and one month                                     reasons o n w h i c h t h e y are based and member states
    for shuttle services without accommodation. L^hese                                      shall ensure that transport undertakings are gi^en the
    timedimits shall be calculated from the date of                                         opportunity to make representations i n t h e case of a
    receiptof t h e r e q u e s t f o r an opinion. If, within this                         refusalB
    timedimit,the authorising authority hasrecei^edno
    reply, the aforementioned authorities shall be                                      18. Article 1^, paragraphs 1 and ^ and Article 17 are
    considered as having gi^en their agreement.                                             deleted
    ^.      ^ub^ect to Article 1^, the authorising authority                            19. Articlel8,paragraph 1, is replaced by the following
    shalltakeadecisionontheapplicationwithinthree                                           te^or
    months of the date of receiving the application for
    regular and special regular services and within two                                     U      Lhe provisions of Articles l O t o 14 shall apply
    months for shuttle services without accommodation.                                      ^ ^ ^ ^ ^ ^ ^ ^ to all applications relating to the
                                                                                            alteration of the conditions of services subject to
    4.        fda^ingcompletedtheprocedureslaiddownin
                                                                                            authorisation or the renewal of authori^ationB
    this Article and in Article 1^, the authorising
    authority shall inform the authorities referred to in
    paragraph 1 abo^e and the authorities of the                                        20 Articles 20 and21 are deleted
    member states whose territory is crossed in transit
    by theser^ice, of its decision, sending them a c o p y                              21 Article 24, paragraph 1, is replaced by the following
    of theauthori^ation^thetransit^tatesmay indicate                                        te^
    thattheydonotwishtobesoinformedB
                                                                                            U.     L^he authorisation or control document shall
                                                                                            be carried on the^ehicle and shall be presented at
1^. Article        l^C^^^^^l^^^^^l^^i^^^^
                                                                                            the request of any authorised inspecting officerB
    ^1.       If t h e p r o c e d u r e l a i d d o w n i n Article 12does
    not enable the authorising authority to decide on an                                22. Article 27, paragraph 1, is replaced by the following
    application,theauthori^ingauthority shall refer the                                     te^B
    matter t o t h e C o m m i s s i o n w i t h i n f o u r m o n t h s f r o m
    t h e d a t e o f r e c e i ^ i n g a n a p p l i c a t i o n f o r regular and         U.     member states may enter into bilateral or
    special regular services and within three months for                                    multilateralarrangementstosimplify theprocedures
    shuttle services without accommodationB                                                 provided for in this Regulation for the authorisation
                                                                                            of shuttle services without accommodation, regular
ID. f h e following paragraph^is added to Articlel^^                                        services and special regular ser^icesB