Exiting The European Union PART 1 Introduction Citation, commencement and extent 1 1 These Regulations may be cited as the Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019. 2 These Regulations come into force on the later of— a exit day; and b the day after the date on which these Regulations are made. 3 Regulations 2 and 3 do not extend to Northern Ireland. PART 2 Amendment of primary legislation Amendment of the Public Passenger Vehicles Act 1981 2 1 The Public Passenger Vehicles Act 1981 is amended as follows. 2 In section 21 (certificates of qualification) — a in subsection (1), for “another”, substitute “a”; b in subsection (3)(b), omit “other”. 3 In section 65 (forgery and misuse of documents etc ) , in subsection (1)(ea), omit “of the European Parliament and of the Council of 21 October 2009”. 4 In section 66 (false statements to obtain licences) , in paragraph (f), omit “of the European Parliament and of the Council of 21 October 2009”. 5 In section 82 (general interpretation provisions) , in subsection (1)— a after the definition of “the 2009 Regulation”, insert— “the 2009 Regulation (EU)” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC , as that Regulation has effect in EU law ; b for the definition of “Regulation ( EC ) 1073/2009 ”, substitute— “Regulation (EC) No 1073/2009 ” means Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 , as that Regulation has effect in EU law . 6 In Schedule 3 (supplementary provision as to qualifications for PSV operator’s licence) — a for paragraph 7, substitute— 7 1 In paragraph 6 above— a “approved body” means— i a body approved by the Secretary of State for the purposes of that paragraph; or ii a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46D(1)(b) of the Transport Act (Northern Ireland) 1967 ; or iii a body or authority designated by a member State for the purposes of Article 8.3 of the 2009 Regulation (EU); b “the requisite skills” means knowledge corresponding to the level of training, for either national or international transport operations as the case may be, provided for in Annex I to the 2009 Regulation in the subjects there listed. 2 In the case of an examination organised or a certificate issued by an approved body specified in sub-paragraph (1)(a)(iii), references to the 2009 Regulation in sub-paragraph (1)(b) and paragraphs 6(2) and (3) are references to the 2009 Regulation (EU). ; b in paragraph 7B, in sub-paragraph (3)(b), after “2009 Regulation”, insert “or the 2009 Regulation (EU)”. PART 3 Amendment of subordinate legislation Amendment of the Road Transport (International Passenger Services) Regulations 2018 3 1 The Road Transport (International Passenger Services) Regulations 2018 are amended as follows. 2 In regulation 4 (competent authorities)— a in paragraph (1)— i omit “Where a person holds or has applied for a PSV operator’s licence that authorises international operations”; ii omit paragraph (a); b in paragraph (3), omit subparagraph (a); c omit paragraph (4). 3 In regulation 5 (use of a public service vehicle not registered in the United Kingdom), in paragraph (1), for “another”, substitute “a”. 4 In regulation 6 (use of a public service vehicle for regular, special regular or cabotage services for international operations) in paragraph (1)— a omit “the United Kingdom,”; b for “another”, substitute “a”. 5 Omit regulations 8 (control documents for cabotage operations) to 11 (rights of appeal). 6 In regulation 12 (supply of information for a Community licence application)— a in the heading, omit “for a Community licence application”; b in paragraph (1)— i for “a Community licence or”, substitute “an”; ii for “Articles 4(5) or”, substitute “Article”; c in paragraph (2)— i for “a Community licence or”, substitute “an”; ii omit “licence or”; d in paragraph (3), omit “Community licence or”. 7 Omit regulation 14 (death, bankruptcy etc. of holder of Community licence). 8 In Schedule 1 (offences for breach of Regulation 1073/2009), in the entry for Article 5(5), for “a system of certification”, substitute “possession of a certificate”. PART 4 Amendment of retained direct EU legislation Amendment of Regulation ( EEC ) 56/83 4 1 Council Regulation (EEC) No 56/83 concerning the implementation of the Agreement on the international carriage of passengers by road by means of occasional coach and bus services (ASOR) is amended as follows. 2 In Article 1 (competent authorities), for “Member States concerned”, substitute “United Kingdom”. 3 In Article 2 (transport authorisation), for “Member State concerned”, substitute “United Kingdom”. 4 In Article 3 (model document), for “Member State where the vehicle is registered”, substitute “United Kingdom in respect of a vehicle registered in the United Kingdom”. 5 Omit Articles 4 (measures required to implement the ASOR) to 14 (entry into force). 6 Omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”. Amendment of Regulation (EC) 1073/2009 5 1 Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 is amended as follows. 2 In Article 1 (scope)— a in paragraph 1, in the first subparagraph, for “within”, substitute “between the United Kingdom and”; b in paragraph 2— i in the first sentence— aa for “the”, the second time it occurs, substitute “any”; bb for the words after “journey”, substitute “within the United Kingdom.”; ii omit the second sentence; c omit paragraph 3; d in paragraph 4— i omit “national”; ii after “services”, insert “within the United Kingdom”; iii omit “non-resident”; iv after “carrier”, substitute “established in a Member State”. 3 In Article 2 (definitions)— a in paragraph 1— i in point (a), after “with”, insert “transit through the United Kingdom and with” ii after point (a), insert— aa a journey undertaken by a vehicle the point of departure or the point of arrival of which is in the United Kingdom and the point of arrival or the point of departure of which is in a Member State, with or without transit through one or more Member States or third countries; ; iii in point (b)— aa after “in”, the first time it occurs, insert “the United Kingdom or”; bb after “in”, the second time it occurs, insert “the United Kingdom or”; iv in point (c)— aa after “with”, insert “transit through the United Kingdom and with”; bb omit “or”, the last time it occurs; v after point (c), insert— cc a journey undertaken by a vehicle from the United Kingdom to a third country or vice versa, with transit through one or more Member States and with or without transit through one or more Member States or third countries; or ; vi in point (d), after “through”, insert “the United Kingdom and”; b omit paragraph 6; c in paragraph 7— i in the first indent— aa omit “national”; bb after “basis”, insert “in the United Kingdom”; cc after “carrier”, insert “established”; dd omit “host”; ii in the second indent, for “the same”, substitute “the United Kingdom by a carrier established in a”; d in paragraph 8, after “infringement of”, insert “retained EU law relating to road transport or”; e after paragraph 8, insert— 9 ‘EU Regulation 1073/2009’ means Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (recast), as that Regulation has effect in EU law ; 10 ‘EU Regulation 361/2014’ means Commission Regulation (EU) No 361/2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 as regards documents for the international carriage of passengers by coach and bus and repealing Commission Regulation (EC) No 2121/98 , as that Regulation has effect in EU law ; 11 ‘third country’ means a country other than the United Kingdom or a Member State. Any reference in this Regulation to an EU instrument or to a particular provision of such an instrument: a is a reference to that instrument or provision as amended from time to time, and b if that instrument or provision is replaced, with or without modification, shall be construed as a reference to the instrument or provision replacing it. The provisions of this Regulation shall, for the purposes of the EEA Agreement, be read with the following adaptations: a The licences issued by Iceland, Liechtenstein and Norway in accordance with EU Regulation 1073/2009, as adapted in Appendix 4 to Annex XIII of the EEA Agreement, as that Annex has effect in EU law, shall be recognised. b The text of Article 16(1)(e) shall be replaced by the following: “ VAT (value added tax) or turnover tax on transport services.” . 4 In Article 3 (freedom to provide services)— a in paragraph 1— i in the first subparagraph, after “services”, the first time it occurs, insert “between the United Kingdom and the territory of the Community”; ii in point (a)— aa for “national”, substitute “the”; bb after “legislation”, insert “of that Member State”; iii in point (c), after “goods or passengers”, insert “, as those Directives have effect in EU law”; b in paragraph 2— i in point (a)— aa for “national”, substitute “the”; bb after “legislation”, insert “of that Member State”; ii in point (b), after “2003/59/EC”, insert “, as those Directives have effect in EU law”. 5 In Article 4 (community licence)— a in paragraph 1— i after “bus”, insert “by a carrier established in a Member State”; ii after “out”, insert “within the United Kingdom”; iii after “possession”, insert “by that carrier”; iv after “establishment”, insert “in accordance with Article 4 of EU Regulation 1073/2009”; b omit paragraph 2; c in paragraph 3, omit the first sentence; d omit paragraphs 4 to 8. 6 In Article 5 (access to the market)— a in paragraph 1, in the third subparagraph— i for “a Member State”, substitute “the United Kingdom”; ii for “Member State”, the second time it occurs, substitute “United Kingdom”; iii omit the words that follow “third country”, the second time they occur, to the end of the subparagraph; b in paragraph 3— i in the fourth subparagraph, for “on the territory of a Member State”, substitute “within the United Kingdom”; ii omit the last subparagraph; c for paragraph 5, substitute— 5 Own-account transport operations by any vehicle which is registered in a Member State shall be exempt from authorisation but shall be carried out within the United Kingdom subject to possession of a certificate issued by the competent authorities of the Member State in which the vehicle is registered in accordance with Article 5(5) of EU Regulation 1073/2009 and Article 9 of EU Regulation 361/2014, which shall be valid for the entire journey including transit. . 7 In Article 6 (nature of authorisation)— a in paragraph 1, in the first subparagraph— i for “Member State in whose territory the point of departure is situated”, substitute “United Kingdom”; ii omit the last sentence. b in paragraph 2, in the second sentence— i omit “mutual consent of”; ii for “competent authorities”, substitute “authorising authority”; iii omit “of the Member States on whose territory passengers are picked up or set down”; c for paragraph 4, substitute— 4 Authorisations shall be in the format prescribed by Article 8 of EU Regulation 361/2014. ; d in paragraph 5, for “territories of all Member States”, substitute “areas of the United Kingdom”. 8 In Article 7 (submission of application for authorisation)— a for paragraph 2, substitute— 2 Applications shall be in the format prescribed by Article 7 of EU Regulation 361/2014. . b in paragraph 3, for “Community legislation”, substitute “retained EU law”. 9 In Article 8 (authorising procedure)— a omit paragraphs 1 and 2; b in paragraph 4, in the first subparagraph— i in point (b), after “of”, the first time it occurs, insert “retained EU law relating to road transport or”; ii in point (d)— aa for “a Member State”, substitute “the authorising authority”; bb after “analysis”, insert “and non-discriminatory criteria”; cc for “Community”, substitute “retained EU”; dd omit the last sentence; iii in point (e)— aa for “a Member State”, substitute “the authorising authority”; bb for “different”, substitute “the United Kingdom and a”; cc for “States”, substitute “State”; c in paragraph 4, in the second subparagraph— i for “Community”, substitute “retained EU”; ii for “a Member State”, substitute “the authorising authority”; iii omit “, with the agreement of the Commission,”; d in paragraph 5, omit “and the competent authorities of all the Member States involved in the procedure to reach the agreement provided for in paragraph 1”; e in paragraph 6— i in the first subparagraph, for “1”, substitute “3”; ii in the second subparagraph, for the second sentence, substitute— Transport undertakings may make representations in the event of their application being refused. ; iii omit the third subparagraph; f omit paragraphs 7 to 9. 10 In Article 9 (renewal and alteration of authorisations), omit the second and third subparagraphs. 11 In Article 10 (lapse of an authorisation), omit paragraph 3. 12 In Article 11 (obligations of carriers)— a in paragraph 1, for “competent”, substitute “authorising”; b in paragraph 3, for “Member State concerned, by common agreement and”, substitute “authorising authority”. 13 In Article 12 (control documents)— a for paragraph 1, substitute— 1 With the exception of the services referred to in the second subparagraph of Article 5(3), occasional services by a carrier established in a Member State shall be carried out under cover of a journey form supplied by the competent authority of that Member State or a body appointed by that authority in accordance with Article 12 of EU Regulation 1073/2009 and Section I of EU Regulation 361/2014. ; b omit paragraphs 4 and 5. 14 In Article 13 (local excursions)— a in the first subparagraph— i after “carrier”, insert “established in a Member State”; ii for “a Member State other than that in which it is established”, substitute “the United Kingdom”; b in the second subparagraph— i omit “non-resident”; ii after “passengers”, insert “who are not resident within the United Kingdom and have been”. 15 In Article 15 (authorised cabotage operations), in point (c), for “host Member State”, substitute “United Kingdom”. 16 In Article 16 (rules applicable to cabotage operations)— a in paragraph 1— i in the first subparagraph— aa for “Community legislation”, substitute “retained EU law”; bb for “the”, the third time it occurs, substitute “other”; cc for “host Member State”, substitute “United Kingdom”; ii omit the second subparagraph; b in paragraph 2— i for “Community legislation”, substitute “retained EU law”; ii for “the”, the second time it occurs, substitute “any other”; iii for “host Member State”, substitute “United Kingdom”; c in paragraph 4— i for “national”, substitute “other”; ii omit “non-resident”; iii after “carriers”, insert “established in Member States”; iv for “host Member State”, substitute “United Kingdom”. 17 In Article 17 (control documents for cabotage operations)— a omit paragraph 3; b in paragraph 4, omit the last sentence; c omit paragraph 5. 18 Omit Article 20 (mutual assistance). 19 In Article 21 (withdrawal of community licences and authorisations)— a in the heading, omit “Community licences and”; b omit paragraph 1; c in paragraph 2, omit the words after “Regulation” to the end of the paragraph. 20 Omit Articles 22 (sanctioning of infringements by the Member State of establishment) to 28 (reporting). 21 Omit Article 31 (entry into force). 22 Omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”. 23 Omit Annexes I (security features of the Community licence) and II (Community licence model). Amendment of Decision No 1/2011 of the Joint Committee established under the Interbus Agreement 6 1 Decision No 1/2011 is amended as follows. 2 Omit Article 1 and Annex I. 3 In this regulation, “Decision No 1/2011” means Decision No 1/2011 of the Joint Committee established under the Interbus Agreement on the international occasional carriage of passengers by coach and bus of 11 November 2011 adopting its rules of procedure and adapting Annex 1 to the Agreement regarding the conditions applying to road passenger transport operators, Annex 2 to the Agreement concerning the technical standards applying to buses and coaches and the requirement concerning the social provisions referred to in Article 8 of the Agreement. Amendment of Commission Regulation (EU) 361/2014 7 1 Commission Regulation (EU) No 361/2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 as regards documents for the international carriage of passengers by coach and bus and repealing Commission Regulation (EC) No 2121/98 is amended as follows. 2 Omit Section I (control document). 3 In Article 7 (authorisations), in paragraph (2)— a in point (c), for “Regulation (EC) No 1073/2009 ”, substitute “Regulation (EC) No 1073/2009 , as that Regulation has effect in EU law ”; b in point (f), for “Union legislation”, substitute “retained EU law”. 4 For Section III (certificates), substitute— SECTION III EEA AGREEMENT Article 9 The provisions of this Regulation shall, for the purposes of the EEA Agreement, be read with the following adaptations: a The documents issued by EEA states other than the United Kingdom shall be recognised. b In Article 7, the words “retained EU law” shall read “legislation applicable to the EEA Agreement”. c In the documents set out in Annexes III and IV , the words “Member States” shall read “Member States, Iceland, Liechtenstein or Norway”, the words “retained EU law” shall read “legislation applicable to the EEA Agreement” and the words “Community licence” shall read “licence”. . 5 Omit Section IV (communication of statistical data). 6 In Article 11 (transitional provisions), omit paragraphs 1 and 2. 7 Omit Article 13 (entry into force). 8 Omit “This Regulation shall be binding in its entirety and directly applicable in all Member States”. 9 Omit Annexes I (model journey form) and II (model cover of book of journey forms). 10 In Annex III (model application for authorisation or for renewal of authorisation)— a on the cover page, after “Member States”, insert “and the United Kingdom”; b on the second page, for “Community legislation”, substitute “retained EU law”; c on the third page — i in paragraph 1— aa in point (c), for “Regulation (EC) No 1073/2009 ”, substitute “Regulation (EC) No 1073/2009 , as that Regulation has effect in EU law ”; bb in point (f), for “Community legislation”, substitute “retained EU law”; ii in paragraph 4, for “Member State from which the service departs”, substitute “United Kingdom for the purpose of Regulation (EC) No 1073/2009 ”. 11 In Annex IV (model authorisation)— a on the first page— i omit— aa “ISSUING STATE”; bb “International distinguishing sign ( 1 )”; cc the footnote numbered “( 1 )”; ii after “Member States”, insert “and the United Kingdom”; b on the second page, in paragraph 6, omit “( 1 )” and the footnote. 12 Omit Annexes V (model certificate) and VI (model communication). Amendment of the EEA Agreement and related Decisions 8 1 The EEA Agreement is amended as follows. 2 In Annex XIII (Transport)— a in point 32a., omit the words “The provisions of” to the end of point (f); b in point 32aa., omit the words “The provisions of” to the end of point (f). 9 1 The Decision of the EEA Joint Committee No 88/2014 of 16 May 2014 amending Annex XIII (Transport) to the EEA Agreement is amended as follows. 2 In Article 1, in paragraph 4, omit the words “The provisions of” to the end of point (f). 3 In Article 2, omit “4”. 4 Omit Articles 3 to 5. 5 In the Annex, omit— i “2. Appendix 4 is replaced by the following:”; ii the document entitled “APPENDIX 4”. 10 1 The Decision of the EEA Joint Committee No 158/2015 of 11 June 2015 amending Annex XIII (Transport) to the EEA Agreement [2016/2193] is amended as follows. 2 In Article 1, in paragraph (1), omit the words “The provisions of” to the end of point (f). 3 Omit Articles 2 to 4. PART 5 Revocation of retained direct EU legislation 11 The following Decisions are revoked— 1 Council Decision 82/505/EC of 12 July 1982 concluding the Agreement on the International Carriage of Passengers by Road by means of Occasional Coach and Bus Services (ASOR); 2 Council Decision 2002/917/EC of 3 October 2002 on the conclusion of the Interbus Agreement on the international occasional carriage of passengers by coach and bus; 3 Council Decision 2010/308/EU of 11 March 2010 concerning the position of the European Union regarding draft Decision 1/2003 of the Joint Committee set up under the Interbus Agreement on the international occasional carriage of passengers by coach and bus; 4 Council Decision (EU) 2018/1034 of 16 July 2018 on the position to be taken, on behalf of the European Union, within the Joint Committee established under the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement), as regards draft Decision No x/xxx of that Committee. Signed by authority of the Secretary of State for Transport Nusrat Ghani Parliamentary Under Secretary of State Department for Transport 28th March 2019