Annexes to COM(2009)307 - Commission Opinion pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty on the European Parliament's amendments to the Council Common Position regarding the proposal for a Regulation of the European Parliament and of the Council on common rules for access to the international market for coach and bus services (recast) amending the proposal of the Commission by virtue of Article 250(2) of the EC Treaty - Main contents

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dossier	COM(2009)307 - Commission Opinion pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty on the European Parliament's ...
document	COM(2009)307
date	October 21, 2009

ANNEX I

Security features of the Community licence

The Community licence must have at least two of the following security features:

—	a hologram,

—	special fibres in the paper which become visible under UV-light,

—	at least one microprint line (printing visible only with a magnifying glass and not reproduced by photocopying machines),

—	tactile characters, symbols or patterns,

—	double numbering: serial number and issue number,

—	a security design background with fine guilloche patterns and rainbow printing.

ANNEX II

Community licence model

EUROPEAN COMMUNITY

(a)

(Colour Pantone light blue, format DIN A4 cellulose paper, 100 g/m2 or more)

(First page of the licence)

(Text in the official language(s) or one of the official languages of the Member State issuing the licence)

(b)

(Second page of the licence)

(Text in the official language(s) or one of the official languages of the Member State issuing the licence)

GENERAL PROVISIONS

1.	This licence is issued pursuant to Regulation (EC) No 1073/2009.

This licence is issued by the competent authorities of the Member State of establishment of the carrier for hire or reward who:

(a)	is authorised in the Member State of establishment to undertake carriage by means of regular services, including special regular services, or occasional services by coach and bus;

(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 regarding the standards for drivers and vehicles.

This licence permits the international carriage of passengers by coach and bus for hire or reward on all transport links for journeys carried out in the territory of the Community:

(a)	where the point of departure and point of arrival are situated in two different Member States, with or without transit through one or more Member States or third countries;

(b)	where the point of departure and the point of arrival are in the same Member State, while the picking up or setting down of passengers is in another Member State or in a third country;

(c)	from a Member State to a third country and vice versa, with or without transit through one or more Member States or third countries;

(d)	between third countries crossing the territory of one or more Member States in transit;

and empty journeys in connection with transport operations under the conditions laid down by Regulation (EC) No 1073/2009.

In the case of a transport operation from a Member State to a third country and vice versa, Regulation (EC) No 1073/2009 is applicable, for the part of the journey on the territory of Member States crossed in transit. It does not apply to that part of the journey within the territory of the Member State of picking up or setting down, as long as the necessary agreement between the Community and the third country concerned has not been concluded.

4.	This licence is personal and non-transferable.

This licence may be withdrawn by the competent authority of the Member State of issue in particular where the carrier:

(a)	no longer satisfies the conditions laid down in Article 3(1) of Regulation (EC) No 1073/2009;

(b)	has supplied inaccurate information regarding the data required for the issue or renewal of the licence;

(c)

has committed a serious infringement or infringements of Community road transport legislation 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 the fifth subparagraph of Article 5(1) of Regulation (EC) No 1073/2009. The competent authorities of the Member State of establishment of the carrier who committed the infringement may, inter alia, withdraw the Community licence or make temporary or permanent withdrawals of some or all of the certified true copies of the Community licence.

These penalties are determined in accordance with the seriousness of the breach committed by the holder of the Community licence and with the total number of certified true copies that he possesses in respect of his international transport services.

6.	The original of the licence must be kept by the carrier. A certified true copy of the licence must be carried on the vehicle carrying out an international transport operation.

7.	This licence must be presented at the request of any authorised inspecting officer.

8.	The holder must, on the territory of each Member State, comply with the laws, regulations and administrative measures in force in that State, particularly with regard to transport and traffic.

‘Regular services’ 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, and which are open to all, subject, where appropriate, to compulsory reservation.

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

Regular services require authorisation.

‘Special regular services’ means regular services, by whomsoever organised, which provide for the carriage of specified categories of passengers, to the exclusion of other passengers, at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points.

Special regular services shall include:

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

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

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

Special regular services do not require authorisation if they are covered by a contract between the organiser and the carrier.

The organisation of parallel or temporary services, serving the same public as existing regular services, requires authorisation.

‘Occasional services’ means services which do not fall within the definition of regular services, including special regular services, and whose main characteristic is that they carry groups constituted on the initiative of a customer or of the carrier himself. 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 of Regulation (EC) No 1073/2009. These services shall not cease to be occasional services solely on the grounds that they are provided at certain intervals.

Occasional services do not require authorisation.

ANNEX III

CORRELATION TABLE

Regulation (EEC) No 684/92	Regulation (EC) No 12/98	This Regulation
Article 1		Article 1
Article 2, point 1.1.	Article 2(1)	Article 2(2), Article 5(1)
Article 2, point 1.2.	Article 2(2)	Article 2(3), Article 5(2)
Article 2, point 1.3.		Article 5(1), fifth subparagraph
Article 2, point 3.1.	Article 2(3)	Article 2(4), Article 5(3)
Article 2, point 3.3.		Article 5(3)
Article 2, point 3.4.		Article 5(3)
Article 2, point 4.		Article 2(5), Article 5(5)
Article 3		Article 3
Article 3a		Article 4
Article 4		Article 5
Article 5		Article 6
Article 6		Article 7
Article 7		Article 8
Article 8		Article 9
Article 9		Article 10
Article 10		Article 11
Article 11		Article 12
Article 12		Article 13
Article 13		Article 5(5)
	Article 1	Article 14
	Article 2(4)
	Article 3	Article 15
	Article 4	Article 16
	Article 5	Article 4(3)
	Article 6	Article 17
	Article 7	Article 28(3)
	Article 8	Article 26
	Article 9
Article 14		Article 18
Article 15		Article 19
	Article 11(1)	Article 20
Article 16(1)		Article 21(1)
Article 16(2)		Article 21(2)
Article 16(3)		Article 22(1)
Article 16(4)		Article 23(1)
Article 16(5)		Article 22(2)
	Article 11(2)	Article 23(2)
	Article 11(3)	Article 23(2)
	Article 11(4)
	Article 12	Article 22(5), Article 23
	Article 13
Article 16a	Article 10	Article 26
Article 17
Article 18		Article 25
Article 19	Article 14	Article 27
Article 20
Article 21		Article 30
Article 22	Article 15	Article 31
Annex		Annex II