CELEX: 51972PC1685
Language: en
Date: 1973-01-04
Title: PROPOSAL FOR A COUNCIL DECISION relating to the opening of negotiations for an agreement between the European Economic Community and certain third countries on the rules to be applied to the international carriage of passengers by coach and bus (Submitted by the Council to the Commission)

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COM (72) 1685
Vol. 1972/0234
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 ---pagebreak---                    COMMISSION OF THE iSUROPIiAN COMMUNITIES
                                              COM ( 72 ) 1685 final
                                              Brussels 4 January 1973
                    PROPOSAL FOR A COUNCIL DECISION
   relating to the opening of negotiations for an agreement
   between the European Economic Community and certain third
   countries on the rules to be applied to the international
   carriage of passengers by coach and bus
               ( Submitted by the Council to the Commission)
COM (72 ) 1685 final
 ---pagebreak---                                                           VII/3 66/72
                           Explanatory Memorandum
1.     The Council , by its Regulation (EEC) No 117/66 ^ of 28 July 1966 ,
laid down certain common rules applicable to international passenger
road transport and provided , amongst other things , definitions for the
various types of passenger transport services and common rules appli­
cable to occasional services and to transport services operated by
undertakings for their own workers .
       Article 4(2) of Regulation ( EEC ) No 117 /66 lays down that the
Community shall enter into any negotiations with third countries which
may be found necessary for the purpose of implementing this Regulation .
       Article 4 (3 ) of Regulation ( EEC ) No 117/66 provides that after
the Council has laid down the common rules provided for in Article 7
( which relates to regular services ) and in Article 8 ( which relates
to shuttle services ), it shall , as soon as possible and of a proposal
from the Commission , lay down the common rules necessary in order to
enable application ■ of this Regulation to be extended to the international
carriage of passengers by road to or from third countries .
                                                                            ( 2)
2. _   The Council , on 28 February 1972 , adapted Regulation No 516/72
                                                          (3 )
relating to shuttle services and Regulation No J517/72          relating to
regular and special regular services , which laid down the common rules
provided for in Articles 7 and 8 of .Regulation (EEC ) No 117/66 .
       Furthermore , measures for implementing these various regulations
were adopted by the Commission in 1968 in respect of occasional services ^
and in 1972 in respect of shuttle services ^^ and regular services ^^.
                                                          • * •/• • *
ftïoj No 147 , 9 August 1966, p. 2688 .
)^ 0J No L 67 , 20 March 1972, p. 13-
zf^OJ No L 67 , 20 March 1972, p. 19 .
)^sOJ No L 173 , 22 July 1968 , p. 8 .
;|vOJ No L 134 , 12 June 1972, p. 1 .
V ; 0J No L 134 , 12 June 1972 , p. 1 .
 ---pagebreak---                                                         VXI/3 66/72
3»     As the requirements laid down by Regulation (EEC ) No 117/66 have
been satisfied , it is now the opportune moment for the Community to
implement the provisions of Article 4(2) and (j5 ) which so far have
not been of application .     •
The terms of reference of the negotiations                       ,
4.     The terms of reference for the intended negotiations must be
defined in the light of the provisions of Article 4(2) and (3 ) of
Regulation (EEC ) No 117/66 and of the needs reflected by the organizflr-
tion of passenger transport within the Community and by the increasing
transport exchanges with third countries .
5-     The negotiations which may be found necessary for the purposes
of Regulation (EEC ) No 117/66 (Article 4(2)) should , in the main ,
relate to the problem arising from the transit of occasional services
in third-country territory .    This problem was the subject of a    ,
particular reference in the declaration recorded in the minutes of the
meeting of the Council of 25 July 1966 ^ .      It must however be noted
that the circumstances prevailing in 1966 have, since changed , and that
the rules prescribed by the Community in respect of international road
transport services within the Community now affect not 6nly occasional
services ( regulated by Regulation ( EEC) 117/66), but also regular
services and shuttle services .
        Considering the trend towards these forms of services in an ever-
increasing transport market , in particular -, for purposes of tourism ,
the ^negotiations provided for in Article 4(2) should be extended to
 cover all the passenger road transport services which transit the
 territory of interested third countries .
        The subject-matters for negotiation should include , in particular ,
                                                         • m •/• • •
    Text of the declaration : "The delegations are agreed that , in. the
    present circumstances , Article 4(2) relates only to the problem
    arising from the transit of occasional services ."
 ---pagebreak---                                       -3-                VII/366/72
the question of allowing the free passage through the trans5,t territory
of all services operated in one of the various forms referred to in
Regulation (EEC) 117/66 ( occasional , regular , special regular and
shuttle ) and the acceptance by that territory of control documents
issued under Community rules .
       Furthermore it is to be expected that interested third countries
will apply for reciprocal treatment on behalf of their carriers .
Therefore a favourable conclusion of the negotiations entered into
pursuant to Article ( 4) (3 ) ( extension of the application of Community
rules ) should be of a kind to lead to a solution of this problem *
       As regards the extension of the application of the provisions
referred to in Regulation (EEC) No 117/66 to - transport services to or
from third countries , the Community is legally empowered , as indeed
is confirmed by Article 4(3) of Regulation ( EEC ) No 117/66 , to determine
unilaterally in respect of that part of the journey done on Comnuiiity
territory , which of the provisions are to apply to those services .
       However , considering amongst ether things how closely related
services to and from third countries are to intra-Community services
both from the business management angle and from that of operating a
service , there is no doubt that in practice a Uniform set of rules
which would apply to the whole of a journey whether made partly on
Community territory and partly on the territory of interested third
parties would result in a more effective and rational organization of
the services concerned , wrvuid facilitate control checks and reduce
administrative formalities .
       Tor these reasons it is thought that the most effective way of
extending the common rules referred to in Article 4(3 ) would be by
agreement , namely , an international agreement concluded with the
interested third countries .
 ---pagebreak---                                                         VT.I/366/72
       The negotiations to be entered into for the purpose of concluding
that agreement should cover all such matters as would tend to the
establishment of the common system advocated by extending , in so far
as is possible , to traffic with third countries the provisions now
applying at Community level , in particular , those defining the various
types of passenger services , the rules applying to, these services ,
the procedure for the issue of authorizations ( where such documents
are required) and the provisions relating to control documents .
6.     The main objectives of the negotiations being thus defined , the
Council will then be able to issue , upon proposals from the Commission ,
ad hoc Directives on the condu ct of the negotiations , aimed at resolving ,
with the necessary flexibility , such points of discussion and particular
technical problems as may arise .
The legal authority for negotiating
7 . • Giving due consideration to the points made above , the legal
authority for entering into negotiations with third countries is conferred
by Article 75 of the Treaty .
      Indeed , through the adoption and implementation of Regulations
No 117/66 , 516/72L, 517/72 , themselves based on Article 75 of the Treaty ,
the rules relating to international passenger road transport have
become part of the common transport policy with the consequential effect
that the Community has vested in it the necessary , authority for concluding
With third countries any agreement relating to matters covered by these
regulations , the external aspects of which are inseparable from the
system . applying internally .. Moreover the Community has sole authority
in this matter as it is one subject to common rules which have been
adopted by the Community for the purpose of implementing its common
transport policy in pursuance of the Treaty of Rome ; consequently the
Member States no longer have the right , whether acting singly or
collectively , of entering into any agreement with third countries which
might affect these rules .     Only the Community may enforce and execute ,
 ---pagebreak---                                     -5-                 VII/366/72
with effect over the whole of the territory subject to its jurisdiction ,
the obligations assumed towards third countries ; and therefore , it has
sole authority for concluding agreements with third countries to that
effect .
      As regards procedure , Article 228 of the Treaty applies .
Third countries involved
8.     It would be advisable , in the initial stage , to enter into
negotiations only with these countries which are more interested than
others in passenger road transport traffic with Jomunity countries .
       The three acceding countries should not be included because the
common rules laid down by Council Regulations (EEC) No 117/66 , 516/72
and 517/72 will apply to them as from 1 January 1973 and 1 July 1973-
      Furthermore it would seem logical to confine the first stage of
negotiations to those countries which because of their geographical
situation or because of the volume of traffic between them and member
or acceding countries have a particular interest in the application ,
or in the extension of the application of Community rules .     It is
indeed in relation to the traffic between the Community and these
countries that many problems have arisen which need resolving ,
particularly with regard to the establishment of passenger services ,
the conditions under which they should be operated , the control
procedures and penalties etc .
      Accordingly the first negotiations will , in practice , be entered
into only with the following countries :
              Austria                 Sweden
              Spain                   Switzerland
              Greece                  Turkey
              Norway                  Yugoslavia
              Portugal
 ---pagebreak---                                                         VI1/3 66/72-E
                      Proposal for a Council Decision
            providing for the opening of negotiations for an
            agreement between the European Economic Community
            and third countries on the rules to be applied to
            the international carriage of passengers by coach
            and bus
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community
and in particular Article 73 thereof ;
Having regard to the proposal from the Commission ;
Having regard to the Opinion of the European Parliament ;
Having regard to the Opinion of the Economic and Social Committee ;
V/hereas common rules on the international carriage of passengers by
coach and bus were laid down in Council ; Regulations No 117/66/EEC of
28 July 1966 , (EEC ) No 316/72 of 28 February 1972 ( in pursuance of
Article 8 of Regulation No 117/66/EEC) and ( EEC ) No 317/72 of
28 February 1972 (in pursuance of Article 7 of Regulation No 117/66/EEC)
and in Commission Regulations No 1016/68 of 9 July 1968 and
No 1172/72 of 16 May 1972 ;     ( .
Whereas by virtue of Article h(2) of Council Regulation No 117/66/EEC
referred to above , the Community must enter into any negotiations with
third countries which may be found necessary for the purpose of imple­
menting that Regulation ; whereas - paragraph 3 of the same Article provides
that when the common rules provided for in Articles 7 and 8 have been
laid down , the Council shall , as soon as possible , lay down the common
rules necessary in order to enable applications of that Regulation to
be extended to the international carriage of passengers by road to
or from third countries ; whereas the common rules provided for in
Articles 7 and 8 of that Regulation were in fact laid down in Council
Regulations No 316/72 and 317/72 of 28 February 1972 ;
 ---pagebreak---                                       2-                      VII/366 /72 -S
Whereas , in view of the heavy volume of passenger road traffic between
the Community and third countries , it is desirable to extend the appli­
cation of the common rules laid down in , or in pursuance of , Council
Regulation No 117 /66/EEC to the international carriage of passengers
by road to or from third countries or in transit in the territory of
these countries or in that of the Community ;
Whereas the establishment of uniform rules can only be effected
adequately by the conclusion of an international agreement between the
Community and the interested third countries ;
Whereas , therefore , the Commission should be authorized, to enter into
such negotiations as are necessary for the conclusion of such an
agreement ;
Whereas the third countries wfcioh are the most interested in passenger *
road transport through the territories of the Community , and with which
therefore negotiations should first be entered into , are Austria ,
Spain , Greece , Norway , Portugal , Sweden ,. Switzerland ," . Turkey , Yugoslavia ;
DECIDES :
                                 Article 1
The Commission JLs authorized to enter into negotiations with Austria ,
Spain , Greece , Norway , Portugal , Sweden , Switzerland , Turkey and Yugo­
slavia with a view to the conclusion of an agreement between the
European Economic Community and these countries for the establishment
of uniform rules applicable to the international carriage of passengers ,
by road to or from these third countries or in transit in these countries
or in Community territory .
                                  Article 2
The negotiations shall be conducted along the lines laid down m
Directives adopted by the Council , acting by a qualified majority ,
upon proposals from the Commission .
Done at Brussels ,             19 –
                                                   For the Council