LeX-Ray
Common Rules for Access to the International Market for Coach and Bus Services Regulation
Article 1: Scope
A change of vehicle or an 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.
Article 2: Definitions
Article 3: Freedom to provide services
Article 4: Community licence
The Community licence and the certified true copies thereof shall correspond to the model set out in Annex II. They shall contain at least two of the security features listed in Annex I.
The Commission shall adapt Annexes I and II to technical progress. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).
The Community licence and the certified true copies thereof shall bear the 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 thereof shall be recorded in the national electronic register of road transport undertakings provided for in Article 16 of Regulation 2009/1071 as part of the data relating to the carrier.
Community licences and certified true copies thereof issued before the date of application of this Regulation shall remain valid until their date of expiry.
Article 5: Access to the market
Such services shall be subject to authorisation in accordance with the provisions of Chapter III.
Regular services from a Member State to a third country and vice versa shall be subject to authorisation in accordance with the bilateral agreement between the Member State and the third country and, where appropriate, the transited Member State, as long as the necessary agreement between the Community and the third country concerned has not been concluded.
The regular nature of the service shall not be affected by any adjustment to the service operating conditions.
The organisation of parallel 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 those applicable to existing regular services.
However, the organisation of parallel or temporary services comparable to existing regular services and serving the same public as the latter shall be subject to authorisation in accordance with the procedure laid down in Chapter III.
Occasional services shall not cease to be occasional services solely on the grounds that they are provided at certain intervals.
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, on the territory of a Member State.
The Commission shall establish the procedures for the names of such carriers and the connection points en route to be communicated to the competent authorities of the Member States concerned. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).
The certificates shall be issued by the competent authorities of the Member State in which the vehicle is registered and shall be valid for the entire journey including transit.
The Commission shall establish the format of the certificates. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).
Article 6: Nature of authorisation
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 and shall state the names of all the operators. It shall be given to the undertaking that manages the operation and copies shall be given to the other undertakings.
In this case, the carrier shall ensure that the following documents are carried on the vehicle:
Article 7: Submission of application for authorisation
Article 8: Authorising procedure
The authorities of the Member States whose territories are crossed without passengers being picked up or set down may notify the authorising authority of their comments within the time limit laid down in the first subparagraph.
The fact that a carrier offers lower prices than those offered by other road carriers or the fact that the link in question is already operated by other road carriers shall not in itself constitute justification for rejecting the application.
Decisions refusing an application shall 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.
The authorising authority shall inform all the authorities referred to in paragraph 1 of its decision, sending them a copy of any authorisation.
Article 9: Renewal and alteration of authorisation
In the event of a minor alteration to the operating conditions, in particular adjustment of intervals, fares and timetables, the authorising authority need only supply the other Member States concerned with information relating to the alteration.
The Member States concerned may agree that the authorising authority alone shall decide on alterations to the conditions under which a service is operated.
Article 10: Lapse of an authorisation
Article 11: Obligations of carriers
Article 12: Control documents
Article 13: Local excursions
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 paragraph and shall be carried out with the same vehicle or another vehicle from the same carrier or group of carriers.
Article 14: General principle
Article 15: Authorised cabotage operations
Article 16: Rules applicable to cabotage operations
Article 17: Control documents for cabotage operations
However, a journey form shall be filled out in the form of a monthly statement.
Article 18: Transport tickets
Article 19: Inspections on the road and in undertakings
Article 20: Mutual assistance
Article 21: Withdrawal of Community licences and authorisations
Article 22: Sanctioning of infringements by the Member State of establishment
If such penalties are not imposed, the competent authorities of the Member State of establishment shall state the reasons therefor.
Article 23: Sanctioning of infringements by the host Member State
Article 24: Entry in the national electronic registers
Article 25: Agreements between Member States
Article 26: Committee procedure
Article 27: Penalties
Member States shall ensure that all such measures are taken without discrimination as to the nationality or place of establishment of the carrier.
Article 28: Reporting
Article 29: Amendment to Regulation (EC) No 561/2006
Article 30: Repeals
References to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex III.
Article 31: Entry into force
It shall apply from 4 December 2011, with the exception of Article 29, which shall apply from 4 June 2010.
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Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 21 October 2009.