Annexes to COM(2018)291 - EU position in the Joint Committee established under the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) - Main contents
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dossier | COM(2018)291 - EU position in the Joint Committee established under the Agreement on the international occasional carriage of passengers by ... |
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document | COM(2018)291 |
date | July 16, 2018 |
(3) Information on the entry into force of the Interbus Agreement on the international occasional carriage of passengers by coach and bus (OJ L 321, 26.11.2002, p. 44).
(4) 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 requirements concerning the social provisions referred to in Article 8 of the Agreement (OJ L 8, 12.1.2012, p. 38).
(5) Council Decision (EU) 2016/1146 of 27 June 2016 on the position to be adopted, 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 1/2016 of that Committee (OJ L 189, 14.7.2016, p. 48).
(6) The Contracting Parties of the Interbus Agreement are the European Union, Republic of Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Republic of Moldova, Montenegro, Republic of Turkey and Ukraine.
(7) Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1).
DRAFT
DECISION No x/xxxx (1) OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON THE INTERNATIONAL OCCASIONAL CARRIAGE OF PASSENGERS BY COACH AND BUS (INTERBUS AGREEMENT)
of [ADD DATE]
adapting Article 8 of the Agreement and Annexes 1, 2, 3 and 5 to the Agreement, adapting the ‘Model of Declaration to be made by Interbus Contracting Parties concerning Article 4 and Annex 1’, introducing a ‘Model of Declaration by Interbus Contracting Parties concerning Article 7 of Regulation (EU) No 181/2011’, and repealing Recommendation No 1/2011 of the Joint Committee
THE JOINT COMMITTEE,
Having regard to the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) (2), as updated by the Decision of the Joint Committee No 1/2011 (3), and in particular Article 24 of the Agreement,
Whereas:
(1) | Article 23 of the Interbus Agreement (the ‘Agreement’) establishes a Joint Committee in order to facilitate the management of the Agreement (the ‘Joint Committee’). |
(2) | In accordance with point (b) of Article 24(2) of the Agreement, the Joint Committee amends or adapts the control documents and other models of documents established in the Annexes to the Agreement. In order to incorporate future measures taken within the Union, and in accordance with point (c) of Article 24(2) of the Agreement, the Joint Committee amends or adapts the Annexes concerning technical standards applying to buses and coaches, as well as Annex 1 regarding the conditions applying to road passenger transport operators. In accordance with point (e) of Article 24(2) of the Agreement, the Joint Committee also amends or adapts the requirements concerning the social provisions. To that end, the Joint Committee should act when the Agreement needs to be updated to take technical and legislative progress into account. |
(3) | The last update of Union legislation in the Agreement, which was introduced by Decision No 1/2011 of the Joint Committee, takes into account Union acts adopted until the end of 2009. It is now appropriate to incorporate new measures that the Union has adopted since then. |
(4) | Recommendation No 1/2011 of the Joint Committee (4) sets out a technical report used for the roadside checks of coaches and buses. It has become outdated and should therefore be repealed, |
HAS ADOPTED THIS DECISION:
Article 1
The requirements concerning the social provisions referred to in Article 8 of the Agreement, the conditions applying to road passenger transport operators set out in Annex 1 to the Agreement, the technical standards applying to buses and coaches set out in Annex 2 to the Agreement, the Model of control document for occasional services exempted from authorisation set out in Annex 3 to the Agreement and the Model of authorisation for non-liberalised occasional services set out in Annex 5 to the Agreement are adapted in accordance with the Annex to this Decision. Also, the ‘Model of Declaration to be made by Interbus Contracting Parties concerning Article 4 and Annex 1’ is adapted in accordance with the Annex to this Decision. In addition, a ‘Model of Declaration by Interbus Contracting Parties concerning Article 7 of Regulation (EU) No 181/2011’ is added to the Agreement.
Article 2
(1) The attachment to the Interbus Agreement, namely the ‘Model of declaration to be made by Interbus Contracting Parties concerning Article 4 and Annex 1’ is adapted and moved to new Annex 6 to the Interbus Agreement.
(2) A new Annex is added to the Interbus Agreement, as follows:
‘
ANNEX 6
Models of Declaration to be made by Interbus Contracting Parties
Conditions applying to road passenger transport operators
DECLARATION BY … (Name of the Contracting Party) CONCERNING ARTICLE 4 AND ANNEX 1
The four conditions established in Chapter I of 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 (OJ L 300, 14.11.2009, p. 51):
(a) | have been introduced in the national legislation by … (reference to the Law); |
(b) | will be introduced in the national legislation … (date). |
Model of Declaration by Interbus Contracting Parties concerning Article 7 of Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1).
(to be made within two month after the adoption of Decision No x/xxxx of the Joint Committee established under the Interbus Agreement)
DECLARATION BY … (Name of the Contracting Party)
1. | As far as Article 7 of Regulation (EU) 181/2011 is concerned, the existing national legislation of the declarant establishes the following maximum limits for compensation for death, including reasonable funeral expenses, or personal injury as well as for loss of or damage to luggage due to accidents arising out of the use of the bus or coach, of no less than:
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2. | Does the declarant's current national existing legislation foresee that in the event of damage to a wheelchair, other mobility equipment or assistive devices the amount of compensation is equal to the cost of replacement or repair of the equipment lost or damaged? YES ☐ NO ☐ |
3. | It is envisaged that the financial amounts stipulated in Article 7(2) of Regulation (EU) 181/2011 as well as the compensation in the event of damage to a wheelchair, other mobility equipment or assistive devices will be adapted by the declarant to the requirements of the Regulation by … (date, no later than three years from the entry into force of Decision No x/xxxx of the Joint Committee under the Interbus Agreement or, as the case may be, not later than three years from the date of ratification of the Interbus Agreement by a new Contracting Party). |
’.
Article 3
Recommendation No 1/2011 of the Joint Committee is repealed.
Article 4
This Decision shall enter into force on the date of its adoption.
Done at Brussels, [ADD DATE].
For the Joint Committee
The Chairman
The Secretary
(1) The number and year of the forthcoming Joint Committee Decision is presented as ‘x/xxxx’. The earlier nomination was ‘1/2016’.
(2) OJ L 321, 26.11.2002, p. 13.
(3) 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 requirements concerning the social provisions referred to in Article 8 of the Agreement (2012/25/EU) (OJ L 8, 12.1.2012, p. 38).
(4) Recommendation No 1/2011 of the Joint Committee set up under the Interbus Agreement on the international occasional carriage of passengers by coach and bus of 11 November 2011 concerning the use of a technical report for coaches and buses with a view to facilitating the monitoring of the provisions of Articles 1 and 2 of Annex 2 to the Agreement (OJ L 8, 12.1.2012, p. 46).
ANNEX
Adaptation of Article 8 regarding social provisions, Annex 1 regarding the conditions applying to road passenger transport operators, Annex 2 regarding the technical standards applying to buses and coaches, Annex 3 regarding the Model of control document for occasional services exempted from authorisation and Annex 5 regarding the Model of authorisation for non-liberalised occasional services, adaptation of the ‘Model of Declaration to be made by Interbus Contracting Parties concerning Article 4 and Annex 1’ as well as the introduction of a ‘Model of Declaration by Interbus Contracting Parties concerning Article 7 of Regulation (EU) No 181/2011’ (1)
(1) | In Article 8 of the Agreement, the list of Union acts is amended as follows:
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(2) | In Annex 1 to the Agreement, the list of Union acts is replaced by the following: ‘Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1), as last amended by Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 (OJ L 60, 28.2.2014, p. 1); 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 (OJ L 300, 14.11.2009, p. 51), as last amended by Council Regulation (EU) No 517/2013 of 13 May 2013 (OJ L 158, 10.6.2013, p. 1); Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules of access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88), as last amended by Council Regulation (EU) No 517/2013 of 13 May 2013 (OJ L 158, 10.6.2013, p. 1); Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1). During a transitional period of up to three years from the date of adoption of Joint Committee Decision No x/xxxx, any Contracting Party other than the European Union may choose to apply, instead of Article 7 of Regulation (EU) No 181/2011, their national provisions to the matters covered by that Article. In order for a Contracting Party to benefit from this transitional period, it shall notify the Joint Committee Secretariat by way of the ‘Model of Declaration by Interbus Contracting Parties concerning Article 7 of Regulation (EU) No 181/2011’ set out in Annex 6, duly completed and signed, within two months of the adoption of Joint Committee Decision No x/xxxx.’. |
(3) | Annex 2 to the Agreement is amended as follows:
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(4) | In Annex 3 to the Agreement, the text in the footnote is replaced by the following: ‘Albania (AL), Austria (A), Belgium (B), Bosnia and Herzegovina (BIH), Bulgaria (BG), Cyprus (CY), Croatia (HR), Czech Republic (CZ), Denmark (DK), Estonia (EST), Finland (FIN), France (F), Germany (D), Greece (GR), Hungary (H), Ireland (IRL), Italy (I), Latvia (LV), Lithuania (LT), Luxembourg (L), the former Yugoslav Republic of Macedonia (MK), Malta (MT), Republic of Moldova (MD), Montenegro (ME), Netherlands (NL), Poland (PL), Portugal (P), Romania (RO), Slovak Republic (SK), Slovenia (SLO), Spain (E), Sweden (S), Turkey (TR), Ukraine (UA), United Kingdom (UK), to be completed.’. |
(5) | In Annex 5 to the Agreement, the text in the footnote is replaced by the following: ‘Albania (AL), Austria (A), Belgium (B), Bosnia and Herzegovina (BIH), Bulgaria (BG), Cyprus (CY), Croatia (HR), Czech Republic (CZ), Denmark (DK), Estonia (EST), Finland (FIN), France (F), Germany (D), Greece (GR), Hungary (H), Ireland (IRL), Italy (I), Latvia (LV), Lithuania (LT), Luxembourg (L), the former Yugoslav Republic of Macedonia (MK), Malta (MT), Republic of Moldova (MD), Montenegro (ME), Netherlands (NL), Poland (PL), Portugal (P), Romania (RO), Slovak Republic (SK), Slovenia (SLO), Spain (E), Sweden (S), Turkey (TR), Ukraine (UA), United Kingdom (UK), to be completed.’. |
(6) | The ‘Model of Declaration to be made by Interbus Parties concerning Article 4 and Annex 1’ attached to the Agreement becomes part of new Annex 6 thereto, entitled ‘Models of Declaration to be made by Interbus Contracting Parties’. Its terms are amended as follows:
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(7) | The following Model of Declaration is added to new Annex 6 to the Agreement: ‘Model of Declaration by Interbus Contracting Parties concerning Article 7 of Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1). (to be made within two month after the adoption of Decision No x/xxxx of the Joint Committee established under the Interbus Agreement) DECLARATION BY … (Name of the Contracting Party)
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(1) The adaptation of the acts takes account of the new measures adopted by the European Union up to 31 December 2015.