Artikelen bij COM(2007)264 - Bescherming van de consumenten met betrekking tot bepaalde aspecten van timeshare, langetermijnvakantieproducten, wederverkoop en ruil

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dossier COM(2007)264 - Bescherming van de consumenten met betrekking tot bepaalde aspecten van timeshare, langetermijnvakantieproducten, ...
document COM(2007)264 EN
datum 23 mei 2007


SECTION I Chapter I

General provisions

Article 1 Scope

1. This Regulation shall apply to the international carriage of passengers by coach and bus within the territory of the Community by carriers for hire or reward or own-account carriers established in a Member State in accordance with its law, using vehicles which are registered in that Member State and are suitable, by virtue of their construction and equipment, for carrying more than nine persons, including the driver, and are so intended, and to the movement of such vehicles empty in connection with such carriage.

Change of vehicle or interruption of carriage to enable part of a journey to be made by another means of transport shall not affect the application of this Regulation.

2. In the event of carriage from a Member State to a third country and vice versa, this Regulation shall apply to the ■=> part of the journey on the territory of any Member State crossed in transit. <=■ [É> It shall not apply to that <S\ part of the journey on the territory of the Member State of picking up or setting down, after conclusion of \E> as long as <S1 the necessary agreement between the Community and the third country concerned \E> has not been concluded <Zi.

3. Pending the conclusion of \E> the <S1 agreements \E> referred to in paragraph 2 O between the Community and the third countries concerned, this Regulation shall not affect provisions relating to the carriage referred to in paragraph 2 \E> from a Member State to a third country and vice-versa <S1 contained in bilateral agreements concluded by Member States with those third countries. However, Member States shall endeavour to adapt those agreements to ensure compliance with the principle of non-discrimination between Community carriers.

•0- new

4. This Regulation shall apply to national road passenger services for hire or reward operated on a temporary basis by a non-resident carrier as provided for in Chapter V.

^ 684/92 (adapted)

Article 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:

1. Regular services

1.1.(a) ‘Rregular services’ are ⌦ means ⌫ services which provide for the carriage of passengers at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points; Regular services shall be open to all, subject, where appropriate, to compulsory reservation.

[^ 11/98 Art. 1(1) (adapted)           |

The regular nature of the service shall not be affected by any adjustment to the service operating conditions.

^ 684/92 (adapted)

1.2.(b) ⌦ ‘special regular services’ means regular ⌫ Sservices, 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 1.1., shall be deemed to be regular services. Such services are hereinafter called «special regular services».

Special regular services shall include:

(a)     the carriage of workers between home and work,

(b)     carriage to and from the educational institution for school pupils and students,.

(c)     the carriage of soldiers and their families between their state of origin and the area of their barracks.

^ 684/92 (adapted)

The fact that a special service may be varied according to the needs of users shall not affect its classification as a regular service.

.3. The organization of parallel of temporary services, serving the same public as existing regular services, the non-serving of certain stops and the serving of additional stops on existing regular services shall be governed by the same rules as existing regular services.

^ 684/92 (adapted)

. Occasional services

I ^ 11/98 Art. 1(1) (adapted)           |

3.1.(c) ‘ Ooccasional services’ are \E> means <S1 services which do not meet \E> fall within O the definition of regular services, including special regular services and which are characterized above all by the fact \E> whose main characteristic is <S1 that they carry groups of passengers assembled \E> constituted <S1 on the initiative of the customer or the carrier himself;

The


of parallel or temporary

comparable to


accordance with the procedure laid down i

regular

and serving the same public as the latter shall be subject to


^ 684/92 (adapted) ->1 11/98 Art. 1(1)


The

because they are

referred to in point 3 shall not cease to be

at

intervals.


same

may be

of the same

, and travellers may catch a

by a group of

solely

en

on behalf of the

the territory of one of the Member

a

The names of such carriers and the

to the competent


procedures to be

of the Member States

en route shall be

by the


procedure laid down in Article 16a 4-

*1

accordance with the

accordance

the

. Own-account transport operations

^ 11/98 Art. 1(1) (adapted)

(d) ‘Oown-account transport operations’ are those ⌦ means operations ⌫ carried out for non-commercial and non-profit-making purposes by a natural or legal person, provided that: ⌦ whereby ⌫

– the transport activity is only an ancillary activity for that natural or legal person,

– the vehicles used are the property of that natural or legal person or have been obtained on deferred terms by them or have been the subject of a long-term

leasing contract and are driven by a member of the staff of the natural or legal person or by the natural person himself;

•0- new

(e)          ‘cabotage transport operations’ means national road passenger services for hire and reward carried out on a temporary basis by a carrier in a host Member State;

(f)          ‘host Member State’ means a Member State in which a carrier operates other than the Member State where the carrier is established;

(g)          ‘serious infringement or repeated minor infringements of Community road transport legislation’ means infringements which lead to the loss of good repute in accordance with Article 6(1) and (2) of Regulation (EC) No […] [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator].

^ 684/92 (adapted)

Article 3 Freedom to provide services

1. Any carrier for hire or reward referred to in Article 1 shall be permitted ⌦ in accordance with this Regulation ⌫ to carry out the transport services defined in Article 2 ⌦ regular services including special regular services and occasional services by coach and bus ⌫ without discrimination as to nationality or place of establishment if he:

I ^ 11/98 Art. 1(2) (adapted)           |

(a)         is authorised in the State of establishment to undertake carriage by means of regular

services including special regular services or occasional services by coach and bus \E> in accordance with the market access conditions laid down by national legislation O;

^ 684/92 (adapted)

(b)          satisfies the conditions laid down in accordance with Community rules on admission to the occupation of road passenger transport operator in national and international transport operations;

(c)          meets legal requirements on road safety as far as ⌦ regarding ⌫ the standards for drivers and vehicles are concerned ⌦ as laid down, in particular, in Council

Directive 96/53/EC13, Council Directive 92/6/EEC14 and Directive 2003/59/EC of

15

the European Parliament and of the Council15. ⌫

2. Any own-account carrier referred to in Article 1 shall be permitted to carry out the transport services defined in Article 13 5(5) without discrimination as to nationality or place of establishment if he:

(a)          is authorised in the State of establishment to undertake carriage by coach and bus in accordance with the market-access conditions laid down by national legislation;

(b)          meets legal requirements on road safety as far as ⌦ regarding ⌫ the standards for drivers and vehicles are concerned ⌦ as laid down, in particular, in Directives 96/53/EC, 92/6/EEC and 2003/59/EC. ⌫

[^ 11/98 Art. 1(3) (adapted)

Chapter II E^ Community licence and market access <E\

Article 3a4 Community licence

1. In order to carry out iInternational ⌦ carriage of ⌫ passengers transport operations by coach and bus, any carrier meeting the criteria laid down in Article 3 (1) must hold as ⌦ shall be carried out subject to a ⌫ Community licence issued by the competent authorities of the Member State of establishment in accordance with the model set out in the Annex.

2. The competent authorities of the Member State of establishment shall issue the holder with the original of the Community licence, which shall be kept by the carrier, and the number of certified true copies corresponding to the number of vehicles used for the international carriage of passengers at the disposal of the holder of the Community licence, either in full ownership, or in another form, notably by virtue of an instalment-purchase contract, a hire contract or a leasing contract.

•0- new

The Community licence and the certified true copies shall be in the format set out in Annex I.

13 14

15

OJ L 235, 17.9.1996, p. 59.

OJ L 57, 2.3.1992, p. 27, Directive as last amended by Directive 2002/85/EC (OJ L 327, 4.12.2002,

p. 8).

OJ L 226, 10.9.2003, p. 4.

They shall bear an engraved stamp or seal of the issuing authority as well as a signature and a serial number. The serial numbers of the Community licence and the certified true copies shall be recorded in the national electronic register of road transport undertakings provided for in Article 15 of Regulation (EC) No […] [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator] as part of the data set of the carrier.

The Commission shall adapt Annex I to technical progress. Since these measures are designed to amend non-essential elements of this Regulation, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).

^ 11/98 Art. 1(3)

3. The Community licence shall be established in the name of the carrier and shall be non-transferable. A certified true copy of the Community licence shall be carried on the vehicle and shall be presented at the request of any authorised inspecting officer.

4. The Community licence shall be issued for a period of five years which shall be renewable.

•O- new

Community licences and certified true copies issued before the date of application of this Regulation shall remain valid until the date of their expiry.

^ 11/98 Art. 1(3) (adapted)

^> new

5. The Community licence shall replace the document issued by the competent authorities of the Member State of establishment certifying that the carrier has access to the market for the international carriage of passengers by road.

6.5. When an application for a licence is submitted, and at least every five years thereafter, the competent authorities of the Member State of establishment shall verify whether the carrier meets or continues to meet the conditions laid down in Article 3(1).

7.6.  Where the conditions referred to in Article 3(1) are not met, the competent authorities of the Member State of establishment shall refuse to issue or renew ■=> or shall withdraw ^ a Community licence by means of a reasoned decision.

8.7.  Member States shall guarantee the right of the applicant for, or holder of, a Community licence to appeal against a decision by the competent authorities of the Member State of establishment to refuse or withdraw this licence.

10.8. Member States may decide that the Community licence shall also be valid for national transport operations.

I ^ 11/98 Art. 1(4) (adapted)

Article 45 Access to the market

1. Occasional services as defined in Article 2 (3.1) shall not require authorization.

^ 684/92 Art. 2, point 1(1), second sentence

1. Regular services shall be open to all, subject, where appropriate, to compulsory reservation.

^ 11/98 (adapted)

4. Regular services as defined in the first subparagraph of Article 2 (1.1) and special regular services not covered by a contract between the organizer and the carrier ⌦ They ⌫ shall require authorisation in accordance with Articles 5 to 10 ⌦ the provisions of Chapter III ⌫.

^ 11/98 Art. 1(1)

The regular nature of the service shall not be affected by any adjustment to the service operating conditions.

^ 684/92 Art. 2, point 1.3 (adapted)

1.3. The organisation of parallel of ⌦ or ⌫ temporary services, serving the same public as existing regular services, the non-serving of certain stops and the serving of additional stops on existing regular services shall be governed by the same rules as ⌦ the ⌫ existing regular services.

^ 684/92 Art. 2, point 1.2, second subparagraph (adapted)

^> new

2. Special regular services ⌦ shall be operated under the conditions specified in paragraph 1. They ⌫ shall include:

(a)          the carriage of workers between home and work,

(b)          carriage to and from the educational institution for school pupils and students,.

(c) the carriage of soldiers and

area of their barracks.

between their state of origin and the

^ 684/92 Art. 2, point 1.2, third subparagraph

The fact that a special service may be varied according to the needs of users shall not affect its classification as a regular service.

| ^ 11/98 Art. 1(4) (adapted)           |

2. Special regular services defined in Article 2 (1.2) shall not require authorisation if they are covered by a contract concluded between the organiser and the carrier.

1. 3. Occasional services as defined in Article 2 (3.1) shall not require authorisation.

^ 11/98 Art. 1(1), point 3.1, second paragraph (adapted)

⌦ However, ⌫ Tthe organisation of parallel or temporary services comparable to existing regular services and serving the same public as the latter shall be subject to authorization ⌦ authorisation ⌫ in accordance with the procedure laid down in Section II ⌦ Chapter III ⌫.

^ 684/92 Art. 2, points 3.3 and 3.4; 11/98 Art. 1(1) (adapted);

3.3.  The ⌦ Occasional ⌫ services referred to in point 3 shall not cease to be occasional services solely because they are provided at certain intervals.

3.4. Occasional services may be provided by a group of carriers acting on behalf of the same contractor, and travellers may catch a connection en route, with a different carrier of the same group, in the territory of one of the Member States.

The names of such carriers and the

competent


be

by the

of the Member States

en route shall be

to the


accordance with the procedures to

accordance with the procedure laid down i

•0- new

The Commission shall establish the procedures for the communication of the names of such carriers and the connection points en route to the competent authorities of the Member States concerned. Since these measures are designed to amend non-essential elements of this

Regulation, by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).

I ^ 11/98 Art. 1(4) (adapted)           |

3.4. Empty journeys by vehicles in connection with the transport operations referred to in paragraphs 1 and 2 \E> paragraph 2, third subparagraph, and in paragraph 3 O shall likewise not require authorisation.

^ 684/92 (adapted)

5. Arrangements for own-account transport operations are set out in Article 13.

SECTION IV

OWN-ACCOUNTTRANSPORTOPERATIONS

Article 13

15. Own-account road transport operations defined in point 4 d of Article 2 shall be exempt from any system of authorisation but shall be subject to a system of certificates.

^ 684/92; 11/98 Art. 1(14) (adapted)

3. The certificates provided for in paragraph 1 shall be issued by the competent authority ⌦ authorities ⌫ of the Member State in which the vehicle is registered and shall be valid for the entire journey including transit.

They must conform to a model determined by the Commission in accordance with the procedure laid down in Article 16a.

•0- new

The Commission shall establish the format of the certificates. Since these measures are designed to amend non-essential elements of this Regulation, by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).

^ 11/98 Art. 1(5)

SECTION II Chapter III

Regular services subject to authorisation

^ 684/92 (adapted) ->1 11/98 Art. 1(6)

^> new

Article 65 Nature of authorisation

1. Authorisations shall be issued in the name of the transport undertaking \E> carrier O;. tThey may ■=> shall ^ not be transferred by the latter to third parties. However, the \E> a <S1 carrier who has received the E> an O authorisation may, with the consent of the authority referred to in Article 67(1), operate the service through a sub-contractor. In this case, the name of the latter undertaking and its role as sub-contractor shall be indicated in the authorisation. The sub-contractor must \E> shall <S1 fulfil the conditions laid down in Article 3(1).

->1 In the case of undertakings associated for the purpose of operating a regular service, the authorisation shall be issued in the names of all the undertakings. <- It shall be given to the undertaking that manages the operation and copies shall be given to the others. The authorisation shall state the names of all the operators.

->1 2. The period of validity of an authorisation shall not exceed five years. <- It may be set at less either at the request of the applicant or by mutual consent of the competent authorities of the Member States on whose territory passengers are picked up or set down.

3. Authorisations 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 period of validity of the authorisation;

^ 11/98 Art. 1(6)

(d) the stops and the timetable.

^ 684/92; 11/98 Art. 1(6) (adapted)

4. Authorisations shall conform to a model drawn up by the Commission in accordance the procedure laid down in Article 16a.

•0- new

4. The Commission shall establish the format of the authorisations. Since these measures are designed to amend non-essential elements of this Regulation, by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).

I ^ 11/98 Art. 1(6) (adapted)           |

5. Authorisations shall entitle their holder(s) to operate regular services in the territories of all Member States over which the routes of the service pass.

6. The operator of a regular service may use additional vehicles to deal with temporary and exceptional situations.

In this case, the carrier must \E> shall <S1 ensure that the following documents are carried on the vehicle:

(a)          a copy of the authorisation of the regular service,;

(b)          a copy of the contract between the operator of the regular service and the undertaking providing the additional vehicles or an equivalent document,;

(c)          a certified true copy of the Community licence issued to the operator of the regular service.

^ 684/92, 11/98 Art. 1(7) (adapted)

Article 76 Submission of application for authorisation

1. Applications for authorisation of regular services 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 «authorising authority». The place of departure shall mean «one of the termini of the service».

^ 684/92; 11/98 Art. 1(7) (adapted)

2. Applications shall conform to a model drawn up by the Commission in accordance with the procedure laid down in Article 16a.

•0- new

2. The Commission shall establish the format of the applications. Since these measures are designed to amend non-essential elements of this Regulation, by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).

^ 11/98 Art. 1(7)

3. Persons applying for authorisation shall provide any further information which they consider relevant or which is requested by the authorising authority, in particular a driving schedule making it possible to monitor compliance with Community legislation on driving and rest periods and a copy of the Community licence for international carriage of passengers by road for hire or reward provided for in Article 3a4.

^ 11/98 Art. 1(8) (adapted)

^> new

Article 78 Authorising procedure

1. Authorisations shall be issued in agreement with the authorities of all the Member States in whose territories passengers are picked up or set down. The authorising authority shall forward to such authorities, — as well as to the competent authorities of Member States whose territories are crossed without passengers being picked up or set down, — a copy of the application, together with copies of any other relevant documentation, and its assessment.

2. The competent authorities of the Member States whose agreement has been requested shall notify the authorising authority of their decision on the application within two months. This time limit shall be calculated from the date of receipt of the request for an opinion \E> agreement <S1 which is shown in the acknowledgement of receipt. If within this period the authorising authority has received no reply \E> does not receive a reply within two months <E1, the authorities consulted shall be deemed to have given their agreement and the authorising authority shall ■=> may ^ grant the authorisation.

The authorities of the Member States whose territories are crossed without passengers being picked up or set down may notify the authorizing authority of their comments within the time limits laid down in the first subparagraph.

3. Subject to paragraphs 7 and 8, tThe authorising authority shall take a decision on the application within four months of the date of submission of the application by the carrier.

4. Authorisation shall be granted unless:

(a)          the applicant is unable to provide the service which is the subject of the application with equipment directly available to him;

(b)          in the past the applicant has not complied with national or international legislation on road transport, and in particular the conditions and requirements relating to authorisations for international road passenger services, or has committed ■=> a <^ serious breaches ■=> infringement or repeated minor infringements ^ of legislation in regard to road safety, in particular with regard to the rules applicable to vehicles and driving and rest periods for drivers;

(c)          in the case of an application for renewal of authorisation, the conditions of authorisation have not been complied with;

(d)          it is shown that the service in question would directly compromise the existence of regular services already authorized, except in cases in which the regular services in question are carried out by a single carrier or group of carriers only;

(e)          it appears that the operation of services covered by the application is aimed only at the most lucrative of the services existing on the links concerned;

(fd) a Member State decides on the basis of a detailed analysis that the said service \E> concerned <S1 would seriously affect the viability of a comparable rail service ■=> operated under a public service contract which stipulates a public service obligation as defined in Regulation (EC) No […] of the European Parliament and of the Council [on public passenger transport services by rail and road]16^ on the direct sections concerned. Any decision pursuant to this provision, together with the reasons therefor, shall be notified to the carriers affected.

As from 1 January 2000, iIn the event that an existing international \E> coach and/or O bus service is seriously affecting the viability of a comparable rail service I operated under a public service contract which stipulates a public service obligation as defined in Regulation (EC) No […] [on public passenger transport services by rail and road]^ on the direct sections concerned, a Member State may, with the agreement of the Commission, suspend or withdraw the authorisation to run the international \E> coach and/or O bus service after having given six months' notice to the carrier.

The fact that a carrier offers lower prices than are offered by other road carriers or the fact that the link in question is already operated by other road carriers may ■=> shall ^ not in itself constitute justification for rejecting the application.

5. The authorising authority and the competent authorities of all the Member States involved in the procedure to reach the agreement provided for in paragraph 1 may refuse applications only on the basis of reasons compatible with \E> provided for in O this Regulation.

16 oj l […], […], p. […].

9.6. Having completed the procedure laid down in \E> paragraphs 1 to 5 O this Article, the authorising authority shall inform all the authorities referred to in paragraph 1 of its decision, sending them a copy of any authorisation ■=> grant the authorisation or formally refuse the application ^ ; the competent authorities of the transit Member States may indicate that they do not wish to be so informed.

| ^ 684/92, Art. 8(2) (adapted) |

Decisions refusing an application must \E> shall <S1 state the reasons on which they are based. Member States shall ensure that transport undertakings are given the opportunity to make representations in the event of their application being refused.

^ 11/98 Art. 1(8) (adapted)

^> new

■=> The authorising authority shall inform all the authorities referred to in paragraph 1 of its decision, sending them a copy of any authorisation. <^

6.7.  If the procedure for reaching the agreement referred to in paragraph 1 does not enable the authorising authority to decide on an application, the matter may be referred to the Commission within the time-limit of five I one ^ months calculated from the date of submission of the application by the carrier <=> communication of a negative decision by one or more of the Member States consulted pursuant to paragraph 1 <=■.

7.8.  After \E> having consulted <S1 consulting the Member States concerned, the Commission shall within ten weeks ■=> four months from receipt of the communication from the authorising authority ^ take a decision which shall take effect within \E> after O thirty days of the notification of \E> to <S1 the Member States concerned.

8.9.  The Commission decision shall continue to apply until such time as agreement is reached between the Member States concerned.

^ 684/92 (adapted) ->1 11/98 Art. 1(9)

Article 98 Grant and rRenewal ⌦ and alteration ⌫ of authorisations

1. Once the procedures referred to in Article 7 have been completed, the authorising authority shall grant the authorisation or shall formally refuse the application.

2. Decisions refusing an application must state the reasons on which they are based. Member States shall ensure that transport undertakings are given the opportunity to make representations in the event of their application being refused.

3. Article 78 shall apply, mutatis mutandis, to applications for the renewal of authorisations or for alteration of the conditions under which the services subject to authorisation must be carried out.

In the event of a minor alteration to the operating conditions, in particular adjustment ->1 of intervals <- of fares and timetables, the authorising authority need only supply the other Member States concerned with the information in question \E> relating to the alteration O.

The Member States concerned may also agree that the authorising authority alone shall decide on alterations to the conditions under which a service is operated.

Article 109 Lapse of an authorisation

1. Without prejudice to \E> the provisions of Regulation (EC) No [...] [on public service obligations for passenger transport services by rail and road] <S1 Article 14 of Regulation (EEC) No 1191/6917, an authorisation for a regular service shall lapse at the end of its period of validity or three months after the authorising authority has received \E> notice <S1 from its holder notice of his intention to withdraw the service. Such notice must \E> shall <S1 contain a proper statement of reasons.

2. Where demand for a service has ceased to exist, the period mentioned \E> of notice provided for O in paragraph 1 shall be reduced to one month.

3. The authorising authority shall inform the competent authorities of the other Member States concerned that the authorisation has lapsed.

54.The holder of the authorisation shall notify users of the service concerned of its withdrawal one month beforehand by means of appropriate publicity.

Article 1011 Obligations of carriers

1. Save in the event of force majeure, the operator of a regular service shall, until the authorisation expires, take all measures to guarantee a transport service that fulfils the standards of continuity, regularity and capacity and complies with the other conditions laid down by the competent authority in accordance with Article 56(3).

2. The carrier shall display the route of the service, the bus stops, the timetable, the fares and the conditions of carriage — insofar as these are not laid down by law — in such a way as to ensure that such information is readily available to all users.

3. Without prejudice to Regulation ⌦ (EC) No […] [on public service obligations for passenger transport services by rail and road ]⌫ (EEC) No 1191/69, it shall be possible for

Council Regulation (EEC) No 1191/69 of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway (OJ No L 156, 28. 6. 1969, p. 1). Regulation last amended by Regulation (EEC) No 1893/91 (OJ No L 169, 29. 6. 1991, p. 1).

17

the Member States concerned, by common agreement and in agreement with the holder of the authorisation, to make changes to the operating conditions governing a regular service.

SECTION III Chapter IV

^ 11/98 Art. 1(11)

Occasional services and other services exempt from authorisation

^ 11/98 Art. 1(12) (adapted)

^> new

Article 1211 Journey form IE> Control documents <E1

1. The \E> Occasional <S1 services referred to in Article 4 (1) shall be carried out under cover of a journey form \E> with the exception of the services referred to in the second subparagraph of Article 5(3) O .

2. A carrier operating occasional services shall fill out a journey form before each journey.

3. The journey form shall contain at least the following information:

(a)          the type of service;

(b)          the main itinerary;

(c)          the carrier(s) involved.

■=> 4. The Commission shall establish the format of the journey form and the way in which it is to be used. Since these measures are designed to amend non-essential elements of this Regulation, by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2). <^

45. The books of journey forms shall be supplied by the competent authorities of the Member State where the transport undertaking is established or by bodies appointed by those authorities.

■=> 6. The Commission shall establish the format of the book of journey forms and the way in which it is to be used. Since these measures are designed to amend non-essential elements of this Regulation, by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2). <^

5. The Commission shall, in accordance with the procedure provided for in Article 16a, lay down the model for the journey form and the way in which it is to be used.

■=> 7. In the case of the special regular services referred to in the third subparagraph of Article 5(2), the contract or a certified true copy of it shall serve as the control document. <^

^ 684/92 (adapted) -> 11/98 Art. 1(14)

Article 1312 Local excursions

Within the framework of an international occasional service, a carrier may carry out occasional services (local excursions) in a Member State other than that in which it is established.

Such services shall be intended for non-resident passengers previously carried by the same carrier on one of the international services mentioned in the first subparagraph and must be carried out with the same vehicle or another vehicle from the same carrier or group of carriers.

SECTION IV OWN-ACCOUNTTRANSPORTOPERATIONS

Article 13

1. Own-account road transport operations defined in point 4 of Article 2 shall be exempt from any system of authorization but shall be subject to a system of certificates.

^ 684/92

->1 11/98 Art. 1(14)

3. The certificates provided for in paragraph 1 shall be issued by the competent authority of the Member State in which the vehicle is registered and shall be valid for the entire journey including transit.

They must conform to a model determined by the Commission ->1 in accordance with the procedure laid down in Article 16a ^

^ 12/98 (adapted)

^> new

Chapter V

⌦ Cabotage ⌫

Article 141 ⌦ Principle ⌫

1. Any carrier who operates road passenger transport services for hire or reward, and who holds the ⌦ a ⌫ Community licence provided for in Article 3a of Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (1), shall be permitted, under the conditions laid down in this Regulation Chapter and without discrimination on grounds of the carrier's nationality or place of establishment, temporarily to operate national road passenger services for hire or reward ⌦ the cabotage transport operations as specified in Article 15 ⌫ in another Member State, hereinafter referred to as the host Member State, without being required to have a registered office or other establishment in that State.

Such national transport services are hereinafter referred to as cabotage transport operations.

Article 5

2. The Community license or aA certified true copy ⌦ of the Community licence ⌫ thereof shall be kept on board the vehicle and be produced when requested by an authorised inspecting officer.

Article 153 ⌦ Authorised cabotage transport operations ⌫

Cabotage transport operations shall be authorised for the following services:

(1)(a) special regular services provided that they are covered by a contract concluded between the organiser and the carrier;

(2)(b) occasional services;

(3)(c) regular services, provided they are performed by a carrier not resident in the host Member State in the course of a regular international service in accordance with this Regulation (EEC) No 684/92 ⌦ with the exception of transport services meeting the needs of an urban centre or conurbation, or transport needs between it and the surrounding areas. ⌫ . Cabotage transport ⌦ operations ⌫ cannot ⌦ shall not ⌫ be performed independently of such international service. Urban and suburban services shall be excluded from the scope of this point.

'Urban and suburban services' means transport services meeting the needs of an urban centre or conurbation, and transport needs between it and the surrounding areas.

Article 164 IE> Rules applicable to cabotage transport operations <E1

1. The performance of the cabotage transport operations referred to in Article 315 shall be subject, save as otherwise provided in Community legislation, to the laws, regulations and administrative provisions in force in the host Member State in relation to the following areas:

(a)          rates and conditions governing the transport contract;

(b)          weights and dimensions of road vehicles; such weights and dimensions may, where appropriate, exceed those applicable in the carrier's Member State of establishment, but they may under no circumstances exceed the technical standards set out in the certificate of conformity;

(c)          requirements relating to the carriage of certain categories of passengers, viz. \E> namely <S1 schoolchildren, children and persons with reduced mobility;

(d)          ■=> working time, ^ driving \E> time <S1 and rest time \E> periods <E1;

(e)          VAT (value added tax) on transport services; in this area Article 21 (1) (a) of Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes common system of value added tax: uniform basis of assessment18 shall apply to the services referred to in Article 1 of this Regulation.

such \E> The <S1 weights and dimensions \E> referred to in point (b) of the first subparagraph O may, where appropriate, exceed those applicable in the carrier's Member State of establishment, but they may under no circumstances exceed ■=> the limits set by the host Member State for national traffic or ^ the technical standards set out in the certificate of conformity \E> characteristics mentioned in the proofs referred to in Article 6(1) of Directive 96/53 <E1;

2. Save as otherwise provided in Community legislation, cabotage transport operations which form part of the transport services provided for in Article 3(3) 15(c) shall be subject to the existing laws, regulations and administrative provisions in force in the host Member State regarding authorisations, tendering procedures, the routes to be operated and the regularity, continuity and frequency of services as well as itineraries.

3. The technical standards of construction and equipment which must be met by vehicles used to carry out cabotage transport operations shall be those laid down for vehicles put into circulation in international transport.

Council Directive 77/388/EEC of 17 May 1977 on the harmonization for the laws of the Member States relating to turnover taxes — common system of value added tax: uniform basis of assessment (OJ No L 145, 13. 6. 1977, p. 1). Directive as last amended by Directive 92/111/EEC (OJ No L 384, 30. 12. 1992, p. 47).

18

4. The national ⌦ laws, regulations and administrative ⌫ provisions referred to in paragraphs 1 and 2 shall be applied by the Member States to non-resident carriers on ⌦ under ⌫ the same conditions as those ⌦ are ⌫ imposed on their own nationals, so as effectively to prevent any open or hidden discrimination on grounds of nationality or place of establishment.

5. If it is established that, in the light of experience, the list of areas covered by the host Member State's provisions, as referred to in paragraph 1, needs to be amended, the Council shall do so by a qualified majority, on a proposal from the Commission.

Article 176 ⌦ Control documents for cabotage transport operations ⌫

1. Cabotage transport operations in the form of occasional services shall be carried out under cover of a control document - the journey form - ⌦ as referred to in Article 12 ⌫ which must be kept on board the vehicle and be produced when requested by an authorised inspecting officer.

2. The journey form, the model for which shall be adopted by the Commission in accordance with the procedure laid down in Article 8, shall comprise tThe following information ⌦ shall be entered in the journey form ⌫ :

(a)          the points of departure and destination of the service;

(b)          the date of departure and the date on which the service ends.

3. The journey forms shall be supplied in books ⌦ as referred to in Article 12 ⌫ certified by the competent authority or agency in the Member State of establishment. The model for the book of journey forms shall be adopted by the Commission in accordance with the procedure laid down in Article 8.

4. In the case of special regular services, the contract concluded between the carrier and the transport organiser, or a certified true copy of the contract, shall serve as the control document.

However, the ⌦ a ⌫ journey form shall be completed ⌦ filled out ⌫ in the form of a monthly statement.

5. The journey forms used shall be returned to the competent authority or agency in the Member State of establishment in accordance with procedures to be laid down by that authority or agency.

Article 7

1. At the end of each quarter and within three months, which may be reduced by the ission to one month in the case referred to in Article 9, the competent authority or

agency in each Member State shall communicate to the Commission the data

cabotage transport operations, in the form of special regular services and occasional services,

carried out during the quarter in question by resident carriers.

The communication shall be effected by means of a table conforming to the model adopted by the Commission in accordance with the procedure laid down in Article 8.

2. Once a year the competent authorities in the host Member State shall send the Commission statistics on the number of authorizations issued for cabotage transport operations in the form of the regular services referred to in Article 3 (3).

3. The Commission shall send to the Member States, as soon as possible, summary statements drawn up on the basis of the data submitted under paragraph 1.

Article 9

1. In the event of serious disturbance of the internal transport market in a given geographical area due to or aggravated by cabotage, any Member State may refer the matter to the Commission with a view to the adoption of safeguard measures and shall provide the Commission with the necessary information and notify it of the measures it intends to take as regards resident carriers.

2. For the purposes of paragraph 1:

- serious disturbance of the internal transport market in a given geographical area means the occurrence on that market of problems specific to it, such that there is a serious and potentially enduring excess of supply over demand, implying a threat to the financial stability and survival of a significant number of road passenger transport undertakings,

- geographical area means an area comprising part or all of the territory of a Member State or including part or all of the territory of other Member States.

3. The Commission shall examine the situation and, after consulting the advisory committee referred to in Article 10, shall decide within one month of receipt of the relevant Member State's request whether or not safeguard measures are necessary and shall adopt them if they are necessary.

The measures introduced in accordance with this Article shall remain in force for a period not exceeding six months, renewable once for the same period.

The Commission shall without delay notify the Member States and the Council of any decision taken pursuant to this paragraph.

4. If the Commission decides to take safeguard measures concerning one or more Member States, the competent authorities of the Member States involved shall be required to take measures of equivalent scope in respect of resident carriers and shall inform the Commission thereof.

These measures shall be implemented no later than the same date as the safeguard measures decided on by the Commission.

5. Each Member State may refer a Commission decision as referred to in paragraph 3 to the Council within 30 days of its notification.

The Council, acting by a qualified majority within 30 days of referral by a Member State or, if there are referrals by more than one Member State, of the first referral, may take a different decision.

The limits of validity laid down in the second subparagraph of paragraph 3 shall apply to the Council's decision.

The competent authorities of the Member States concerned shall be bound to take measures of equivalent scope in respect of resident carriers and shall inform the Commission thereof.

If the Council takes no decision within the period laid down in the second subparagraph, the Commission decision shall become final.

6. Where the Commission considers that the measures referred to in paragraph 3 need to be prolonged, it shall submit a proposal to the Council, which shall take a decision by qualified majority.

^ 684/92 (adapted)

SECTION V Chapter VI

Controls and penalties ⌦ sanctions ⌫

Article 1814 Transport tickets

1. Passengers using ⌦ Carriers operating ⌫ a regular service, excluding special regular services, shall throughout their journey possess ⌦ issue ⌫ transport tickets, either individual or collective, which indicate:

(a)          the points of departure and destination and, where appropriate, the return journey;

(b)          the period of validity of the ticket;

^ 11/98 Art. 1(15)

(c) the price of transport.

^ 684/92 (adapted)

2. The transport ticket provided for in paragraph 1 shall be presented at the request of any authorised inspecting officer.

Article 1915 Inspections on the road and in undertakings

1. The authorisation or control document shall be carried on the vehicle and shall be presented at the request of any authorised inspecting officer.

In the case of the services covered by Article 4 (2), the contract or a certified true copy of it shall serve as a control document.

2. Carriers operating coaches and buses in international passenger transport shall allow all inspections intended to ensure that operations are being conducted correctly, in particular as regards driving and rest periods. In the context of ⌦ the ⌫ implementation of this Regulation, authorised inspecting officers shall be empowered to:

(a)          check the books and other documentation relating to the operation of the transport undertaking;

(b)          make copies of, or take extracts from, the books and documentation on the premises;

(c)          have access to all the transport undertaking's premises, sites and vehicles;

(d)          require the production of any information contained in books, documentation or data bases.

^ 12/98 (adapted)

^> new

Article 2011 IE> Mutual assistance <27

1. Member States shall assist one another in applying this Regulation. ■=> They shall exchange information via the national contact points established pursuant to Article 17 of Regulation (EC) No […] [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator]. <^

^ 684/92 Art. 16(5)

Member States shall on request provide each other with any relevant information in their possession concerning:

– breaches of this Regulation and of any other Community rules applicable to the

international carriage of passengers by coach and bus committed in their territory by a carrier from another Member State, and the penalties imposed,

– the penalties imposed on their own carriers in respect of breaches committed in the

territory of another Member State.

^ 11/98 Art. 1(16) (adapted)

^> new

Article 2116

Penalties and mutual assistance

⌦ Withdrawal of Community licences and authorisations ⌫

1. The competent authorities of the Member State where the carrier is established shall withdraw the Community licence provided for in Article 3a4 where the holder:

(a)          no longer meets the conditions laid down in Article 3(1),;

(b)          has supplied inaccurate information concerning the data which were required for the issue of the Community licence.

2. The authorising authority shall withdraw an authorisation if the holder no longer fulfils the conditions on the basis of which the authorisation was issued under this Regulation, in particular where the Member State in which the carrier is established so requests. The authority shall immediately inform the competent authorities of the Member State concerned.

Article 22 [E> Sanctioning of infringements by Member State of establishment <E1

1.3.  In the case E> event <S\ of a serious breach E> infringement <S1 or repeated minor breaches \S> infringements <S1 of road safety regulations ■=> Community road transport legislation committed or ascertained in any Member State <=■, in particular with regard to the rules applicable to vehicles, driving and rest periods for drivers and the provision without authorisation of parallel or temporary services, as referred to in Article 2 (1.3) 5(1), fourth subparagraph, the competent authorities of the Member State of establishment of the carrier who committed the breach \E> infringement <S1 ■=> shall issue a warning and ^ may, inter alia, withdraw the Community licence or make ■=> impose the following administrative sanctions: <^

(a)          temporary and/or partial withdrawals \S> or permanent withdrawal of some or all <S1 of the certified true copies of the Community licence;

(b)          \E> temporary or permanent withdrawal of the Community licence <Zi.

These penalties \E> sanctions <S1 shall be determined in accordance with \E> having regard to <S1 the seriousness of the breach \E> infringement <S1 committed by the holder of the Community licence and with \E> having regard to <S1 the total number of certified true copies that he possesses in respect of his international trade \E> transport services <S1 .

2.4. The competent authorities of the Member States shall prohibit a carrier from operating on their territory an international passenger service under this Regulation \E> on their territory O if he repeatedly commits serious breaches \E> infringements <3 of the regulations governing road safety \S> Community road transport legislation O, in particular with regard to the rules applicable to vehicles and driving and rest periods for drivers. They shall immediately inform the competent authorities of the Member State concerned.

•0- new

3. In the case referred to in Article 23(1) the competent authorities of the Member State of establishment shall decide whether a sanction shall be imposed on the carrier concerned. They shall communicate to the competent authorities of the Member State in which the infringements were ascertained as soon as possible and at the latest within three months from receiving knowledge of the infringement which of the sanctions provided for in paragraphs 1 and 2 of this Article have been imposed. If it has not been possible to impose such sanctions, they shall state the reasons.

4. The competent authorities shall take into account any sanction already imposed in the Member State in which the infringements were ascertained and ensure that the sanctions imposed on the carrier concerned are, as a whole, proportionate to the infringement or infringements which gave rise to such sanctions.

The sanction imposed by the competent authorities of the Member State of establishment, after consulting the competent authorities of the host Member State in the case referred to in Article 23(1) may include the withdrawal of authorisation to pursue the occupation of road transport operator.

5. The competent authorities of the Member State of establishment of the carrier may also, pursuant to its national law, bring proceedings against the carrier concerned before a competent national court or tribunal. They shall inform the competent authorities of the host Member State of the decisions taken to this effect.

6. Member States shall ensure that carriers have the right to appeal against any administrative sanction imposed on them pursuant to this Article.

^ 11/98 Art. 1(16)

5. Member States shall on request provide each other with any relevant information in their possession concerning:

– breaches of this Regulation and of any other Community rules applicable to the

international carriage of passengers by coach and bus committed in their territory by a carrier from another Member State, and the penalties imposed,

– the penalties imposed on their own carriers in respect of breaches committed in the

territory of another Member State.

•0- new

Article 23 Sanctioning of infringements by host Member State

1. Where the competent authorities of a Member State are aware of a serious infringement or of repeated minor infringements of this Regulation or of Community road transport legislation attributable to a non-resident carrier, the Member State within the territory of which the infringement is ascertained shall transmit to the competent authorities of the Member State of establishment as soon as possible but at the latest within one month from receiving knowledge of the infringement the following information:

(a)          a description of the infringement and date, time when it was committed;

(b)          the category, type and seriousness of the infringement;

(c)          the sanctions imposed and the sanctions executed.

The competent authorities of the host Member State may request the competent authorities of the Member State of establishment to impose administrative sanctions in accordance with Article 22.

^ 12/98 (adapted)

^> new

2. Without prejudice to criminal prosecution, the host Member State may impose penalties \E> sanctions <S1 on non-resident carriers who have committed infringements of this Regulation or of Community or national transport regulations within its territory on the occasion of a cabotage transport operation. The penalties \E> sanctions <S1 shall be imposed on a non-discriminatory basis and in accordance with paragraph 3.3. The penalties referred to in paragraph 2 may, inter alia, consist of a warning \E> and/ Oor, in the event of \E> a <S1 serious \E> infringement <S1 or repeated \E> minor O infringements, a temporary ban on cabotage transport operations within the territory of the host Member State where the infringement was committed.

■=> 3. Member States shall ensure that carriers have the right to appeal against any administrative sanction imposed on them pursuant to this Article. <^

Where a falsified Community licence, falsified authorization or falsified certified true copy thereof is produced, the falsified document shall be withdrawn immediately and, where appropriate, forwarded as soon as possible to the competent authority of the carrier's Member State of establishment.

4. The competent authorities of the host Member State shall inform the competent authorities of the Member State of establishment of the infringements recorded and any penalties imposed on the carrier and may, in the event of serious or repeated infringements, at the same time transmit a request that a penalty be imposed.

In the event of serious or repeated infringements, the competent

of the Member

State of

shall decide whether an

penalty should be imposed on the

erned; these authorities shall take into account any penalty already imposed in the host Member State and ensure that the penalties already imposed on the carrier concerned

as a penalties.

to the infri

or infri

gave rise to such

The penalty imposed by the competent


of the Member State of establishment, after

the competent


of the host Member State, may extend to

of


to pursue the

of road passenger transport

The competent

of the Member State of

may also, pursuant to it

the carrier concerned before a competent national court or

They shall inform the competent


of the host Member State of the


taken

pursuant to this paragraph.

Article 12

Member States shall ensure that carriers may appeal to the courts against any penalty imposed on them.


•0- new

Article 24 Entry in national register

Member States shall ensure that serious infringements or repeated minor infringements of Community road transport legislation committed by carriers established in their territory which have led to the imposition of a sanction as well as the sanctions imposed are recorded in the national register of road transport undertakings as established under Regulation (EC) No […] [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator]. Those entries in the registry which concern a temporary or permanent withdrawal of a Community licence shall remain in the database for at least two years.

^ 11/98 Art. 1(17) (adapted)

Article 16 - a Where the procedure referred to in this Article by the advisory committee set up by is to be followed the shall be December

down the


under

(EC) No 12/98 of 11

may operate

road passenger transport


representative of the Commission.

a Member State19 and chaired by the

The

be taken. The

of the


may lay down

shall

shall submit to the


on the draft, within a ti

a draft of the measures to


the

to the urgency of the matter, if necessary by taking a

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.

The


shall take the utmost account of the shall inform the committee of the manner i


n delivered by the committee. It has been taken into account.

^ 12/98 (adapted)

. The

Article 13


1998 on the results of the

shall report to the European


regular services in the Member

of

and the Council before 30 June

(EEC) No 2454/92 and the

of

. The


1999 at the latest on the

shall report to the European


cabotage transport

of this

and the Council by 31 December

on national transport

icular, on the impact of

Article 15

shall enter into force on the first day

Official Journal of the European Communities. It shall apply from 11 June 1999.

that of it


in the

OJ No L 4, 8. 1.

19

^ 684/92 (adapted)

SECTION VI Chapter VII

Transitional and final provisions ⌦ Implementation ⌫


to be

for

authorization.

Article 17 Transitional provision


til they

on the date of entry into force of

as the

shall

to

Article 18 25 Agreements between Member States

1. Member States may conclude bilateral and multilateral agreements on the further liberalisation of the services covered by this Regulation, in particular as regards the authorisation system and the simplification or abolition of control documents.

2. Member States shall inform the Commission of any agreements concluded under paragraph 1.

•O- new

Article 26 Committee

1. The Commission shall be assisted by the committee established by Article 18(1), of Council Regulation (EEC) No 3821/8520.

2. Where reference is made to this paragraph, Article 5a(1) to (4) and (5)(b), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The time limits laid down in Article 5a(3)(c), (4)(b) and (4)(e) of Decision 1999/468/EC shall be one month.

20

OJ L 370, 31.12.1985, p. 8.

^ 12/98

Article 14

Member States shall adopt in good time the

necessary for implementation of

Commission.

and shall

and


nicate them to the

^ 684/92 (adapted)

Article 2719 Implementation ⌦ Sanctions ⌫

Member States shall, before 1 June 1992 and after con

measures necessary for the implementation of

the Commission, adopt the

Commission.

and notify such measures to the

⌦ The ⌫ Member States shall adopt measures

^ 11/98 Art. 1(18) (adapted)         |

to the means of

carrying out checks and the system of penalties ⌦ lay down the rules on sanctions ⌫ applicable to infringements of the provisions of this Regulation, and shall take all the measures necessary to ensure that those penalties ⌦ they are implemented ⌫ are applied. The penalties ⌦ sanctions ⌫ thus provided for shall must be effective, proportionate and dissuasive. Member States shall notify the relevant measures ⌦ those provisions ⌫ to the Commission within 12 months of the date on which this Regulation comes into force ⌦ by [12 months from the date on which this Regulation enters into force] at the latest ⌫ and shall notify ⌦ it without delay of any subsequent amendment affecting them ⌫ any subsequent changes as soon as possible.

They shall ensure that all such measures are applied without discrimination as to the nationality or place of establishment of the carrier.

•0- new

Article 28 Reporting

1. By 31 January each year Member States shall communicate to the Commission the number of authorisations for regular services issued the previous year and of the total numbers of authorisations for regular services valid at the end of this reporting period. This information shall be given separately for each country of destination of the regular service. The Member

States shall also communicate to the Commission the data concerning cabotage transport operations, in the form of special regular services and occasional services, carried out during the reporting period by resident carriers.

2. By 31 January each year the competent authorities in the host Member State shall send the Commission statistics on the number of authorisations issued for cabotage transport operations in the form of the regular services referred to in Article 15(c).

3. The Commission shall establish the format of the table to be used for the communication of the statistics referred to in paragraph 2. Since these measures are designed to amend non-essential elements of this Regulation, by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).

I ^ 11/98 Art. 1(3) (adapted)           |

9.4. Member States shall inform the Commission no later than 31 January of every year of the number of carriers holding a Community licence as at 31 December of the previous year and of the number of certified true copies corresponding to the number of vehicles in circulation on that date.

^ 684/92 (adapted)

. Before 1 July 1995 the

Article 20 Commission report and proposal

shall report to the Council on the


of

ion. Before 1 January 1996 it shall submit to the Council a proposal for a

on the simplification of procedures including — in the light of the abolition of authorizations.

. Before 1 January 1997 the Council shall act by


proposal referred to in paragraph

on the

the


No

. References to the

Article 21

Repeals , (EEC) No 516/72 and (EEC) No 517/72 are hereby

repealed shall be taken as references to

tion.

Article 22 Entry into force and application

shall enter into force on the third day followin

Journal of the European Communities.

that of it


the

It shall apply from 1 June 1992.

Chapter VIII Final provisions

Article 29 Repeals

Regulations (EEC) No 684/92 and (EC) No 12/98 are repealed.

References to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.

Article 30 Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from [date of application].

This Regulation shall be binding in its entirety and directly applicable in all Member States.