Overwegingen 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
 
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(1) A number of substantial changes are to be made to Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus5 and to Council Regulation (EC) No 12/98 of 11 December 1997 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State6. In the interests of clarity and simplification, those Regulations should be recast and incorporated into one single regulation.

(2) In accordance

75 (1) (a) of the

^ 684/92 Recital 1 (adapted), 12/98 Recital 2 (adapted)

y, tThe establishment of a common

transport policy entails, inter alia, laying down common rules applicable to the international carriage of passengers by road ⌦ as well as ⌫ pursuant to Article 75

(1) (b) of the Treaty, the

of a common transport

ails, i

lia,

laying down the conditions under which non-resident carriers may operate national transport services within a Member State.

^ 12/98 Recital 1 (adapted)

(1) Whereas


transport

under

(EEC) No 2454/92 of 23 July


may operate

down the

road passenger


judgment of 1 June 1994 (5);

a Member State (4) was declared void by the Court of

(2) Such rules were laid down in

^ 684/92 Recital 2 (adapted)

516/728 and (EEC) No 517/729 and whereas this the liberalization achieved by those Regulations;

No

does not call i

7, (EEC) No

OJ C […], […], p. […].

OJ L 74, 20.3.1992, p. 1. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363,

20.12.2006, p. 1).

OJ L 4, 8.1.1998, p. 4.

OJ No 147, 9. 8. 1966, p. 2688/66.

OJ No L 67, 20. 3. 1972, p. 13. Regulation last amended by Regulation (EEC) No 2778/78 (OJ No L

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To assure a coherent framework for the international carriage of passengers by coach and bus throughout the Community this Regulation should apply to all international carriage on Community territory. Carriage from Member States to third countries is still largely covered by bi-lateral agreements between the Member States and those third countries. Therefore, this Regulation should not apply to that part of the journey on the territory of the Member State of picking up or setting down as long as the necessary agreements between the Community and the third countries concerned have not been concluded. It should, however, apply to the territory of a Member State crossed in transit.

^ 684/92 Recital 3

(4) Freedom to provide services constitutes a basic principle of the common transport policy and requires that carriers from all Member States be guaranteed access to international transport markets without discrimination on grounds of nationality or place of establishment.

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(5) The international carriage of passengers by coach and bus should be conditional on the possession of a Community licence. Carriers should be required to carry a certified true copy of the Community licence aboard each of their vehicles in order to facilitate effective controls by enforcement bodies, especially those outside the Member State in which the carrier is established. The conditions governing the issue of Community licences, their periods of validity and the detailed rules for their use should be determined. It is necessary to lay down detailed specifications as regards the layout and other features of the Community licence and the certified copies.

^ 684/92 Recital 4 (adapted)

(6) There should be provision for flexible arrangements subject to certain conditions for shuttle services with accommodation, special regular service ⌦ services ⌫ and certain occasional services, in order to satisfy market demand.

OJ No L 67, 20. 3. 1972, p. 19. Regulation last amended by Regulation (EEC) No 1301/78 (OJ No L

3

9

^ 684/92 Recital 5

(7) While maintaining authorisation arrangements for regular services and shuttle services without accommodation, certain rules should be amended, particularly as regards authorisation procedures.

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(8) Authorisation of regular services should henceforth be granted unless there are clearly specified grounds for refusal attributable to the applicant. Only one ground for refusal relating to the relevant market should remain, namely that the service applied for would seriously affect the viability of a comparable service operated under a public service obligation on the direct sections concerned.

(6) Observance of the Treaty rules on

^ 684/92 Recital 6 (adapted)


must be

(3) That


the removal of all

^ 12/98 Recital 3


the

on the grounds of


or the fact that they are

in a Member State other than that in which the service is to be provided;

(4)

^ 12/98 Recital 4

providing such services should be subject to comparable systems, so as to in the conditions of competition because of their nationality and


country of

and hence promote the gradual


of

laws;

(5) The


^ 12/98 Recital 5

of the various coach and bus

should be the same as those

adopted in the context of international

I ^ 12/98 Recital 6 (adapted)          |

(9) Non-resident carriers should be allowed to operate certain forms of coach and bus \E> national road passenger O services, bearing in mind the specific characteristics of each form of service.

| ^ 12/98 Recital 7 (adapted)          |

(7) Whereas the provisions applicable to cabotage transport operations should be established;

^ 12/98 Recital 8

(10) The provisions of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services10 apply in cases where, for the provision of special regular services, carriers, post workers, who have an employment relationship with those carriers, from the Member State where they ordinarily work.

| ^ 12/98 Recital 9 (adapted)          |

(11) Where regular services are concerned, only regular services provided as part of a regular international service, excluding urban and suburban services, should be opened up to cabotage \E> non-resident carriers <E1, subject to certain conditions, and in particular to the legislation in force in the host Member State.

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(12) It is desirable that Member States should grant each other mutual assistance with a view to the sound application of this Regulation.

^ 684/92 Recital 7 (adapted)

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(13) Administrative formalities should be reduced as far as possible without \E> abandoning O the controls and penalties \E> sanctions <S1 that guarantee the correct application ■=> and effective enforcement ^ of this Regulation. ■=> To this end the existing rules on the withdrawal of the Community licence should be clarified and strengthened. The current rules should be adapted to allow the effective sanctioning of

OJ L 18, 21.1.1997, p. 1.

10

serious or repeated minor infringements committed in a Member State other than the Member State of establishment. Sanctions should be non-discriminatory and in proportion to the seriousness of the infringements. It should be possible to lodge an appeal in respect of any sanctions imposed <^

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(14) Member States should enter in their national register of road transport undertakings all serious infringements and repeated minor infringements committed by carriers and which have led to the imposition of a sanction.

(15) In order to strengthen and facilitate the exchange of information between national authorities Member States should exchange the relevant information through the national contact points set up pursuant to Regulation (EC) No […] of the European Parliament and of the Council [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator]11.

| ^ 684/92 Recital 8 (adapted)         |

(8) It is for the Member States to adopt the measures necessary for the implementation of this Regulation.

(9) Whereas the


to be

by the

of

considered in the light of that

^ 684/92 Recital 9 (adapted)

should be


and any future

by means of a report this area should be

(10) Whereas

^ 12/98 Recitals 10 to 15 (adapted)

should be adopted so that action can be taken in the event of


(11) Whereas an


form of

(12) Whereas i

of the transport markets

should be set up with the task of


up documents relating to cabotage transport

the

and

the


on safeguard

the

a view to the sound

that Member States should grant each other mutual


of

tion,

respect of

the event of infringements;

11

oj l […], […], p. […].

(13) Whereas it is for the Member States to adopt the measures necessary for the implementation of this Regulation;

(14) Whereas the application of this Regulation should be monitored by means of a report to be submitted by the Commission;

(15) Whereas the aforementioned judgment of the Court of Justice, which declared Regulation (EEC) No 2454/92 void, upholds the effects of the Regulation until such time as the Council has adopted new legislation on the matter; whereas this Regulation will not be applied until eighteen months after its entry into force; whereas it must therefore be considered that the effects of the voided Regulation will persist until this Regulation has been fully implemented,

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(16) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission1

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(17) In particular power should be conferred on the Commission to establish the format of certain documents to be used for the application of this Regulation and to adapt Annex I to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, and to supplement this Regulation by the addition of new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(18) On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of those measures.

(19) Member States should take the necessary measures to implement this Regulation, in particular as regards effective, proportionate and dissuasive sanctions.

(20) Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and the effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,

12           OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006,

p. 11).

^ 684/92 (adapted)

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