Annexes to COM(2007)264 - Common rules for the international carriage of passengers by coach and bus (recast) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2007)264 - Common rules for the international carriage of passengers by coach and bus (recast). |
|---|---|
| document | COM(2007)264  |
| date | May 23, 2007 |
1 Accession Act of 2003
2 1791/2006 Annex pt. 6(B)(2)
3 Act of Accession of Austria, Sweden and Finland Art. 29 and Annex I, p. 166
new
ANNEX I
EUROPEAN ECONOMIC COMMUNITY
(a)
(Blue card - DIN A4 Light blue, format DIN A4 synthetic paper, 150g/m2 or more )
(First page of the authorization licence )
(Text in (one of) the official language(s) of the Member State issuing the authorization licence )
State issuing the authorization licence
Distinguishing sign (1) Name of the competent authority or body
AUTHORIZATION LICENCE No
CERTIFIED TRUE COPY No
for the international carriage of goods by road for hire or reward
This authorization licence entitles (2) .........................................................................
.........................................................................................................................
to engage in the international carriage of goods by road for hire or reward by any route, for journeys or parts of journeys effected for hire or reward within the territory of the Community, as laid down in Council Regulation (EEC) No 881/92 of 26 March 1992 Regulation (EC) No [...] of the European Parliament and of the Council on common rules for access to the international road haulage market(3) and subject to the general provisions of this authorization licence .
Particular remarks: ................................................................................................
This authorization licence shall be valid from ............................to .....................................
Issued in .........................................., on .................................................
(4) .................................................................
_______________________________
(1) The distinguishing signs of the Member States are: (B) Belgium, 2 (BG) Bulgaria, 1 (CZ) Czech Republic, (DK) Denmark, (D) Germany, 1 (EST) Estonia, (IRL) Ireland, (GR) Greece, (E) Spain, (F) France, (I) Italy, 1 (CY) Cyprus, (LV) Latvia, (LT) Lithuania, (L) Luxembourg, 1 (H) Hungary, (MT) Malta, (NL) Netherlands, 3 (A) Austria, 1 (PL) Poland, (P) Portugal, 2 (RO) Romania, 3 (SLO) Slovenia, (SK) Slovakia, 3 (FIN) Finland, (S) Sweden, (UK) United Kingdom.
(2) Name or business name and full address of the haulier.
(3) Signature and stamp of the issuing competent authority or body.
(4) See page 1 of this Official Journal
(b)
(SECOND PAGE OF THE AUTHORIZATION LICENCE )
(Text in (one of) the official language(s) of the Member State issuing the authorization licence )
GENERAL PROVISIONS
This authorization licence is issued under Council Regulation (EEC) No 881/92 of 26 March 1992, on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States Regulation (EC) No [this Regulation] .
It entitles the holder to engage in the international carriage of goods by road for hire or reward by any route for journeys or parts of journeys effected within the territory of the Community and, where appropriate, subject to the conditions laid down herein:
- where the point of departure and the point of arrival are situated in two different Member States, with or without transit through one or more Member States or non-member third countries,
- from a Member State to a non-member third country or vice versa, with or without transit through one or more Member States or non-member third countries,
- between non-member third countries with transit through the territory of one or more Member States,
and unladen journeys in connection with such carriage.
In the case of carriage from a Member State to a non-member third country or vice versa, this authorization licence is valid for that part of the journey effected on the territory of the Community. It shall be valid in the Member State of loading or unloading upon only after the conclusion of the necessary agreement between the Community and the non-member third country in question in accordance with Regulation (EEC) No 881/92 (EC) No [...] .
The authorization licence is personal to the holder and is not transferable.
It may be withdrawn by the competent authority of the Member State which issued it, notably where the haulier has:
- not complied with all the conditions for using the authorization licence ,
- supplied incorrect information with regard to the data needed for the issue or extension of the authorization licence .
The original of the authorization licence must be kept by the haulage undertaking.
A certified copy of the authorization licence must be kept in the vehicle (1). In the case of a coupled combination of vehicles it must accompany the motor vehicle. It covers the coupled combination of vehicles even if the trailer or semi-trailer is not registered or authorised to use the roads in the name of the authorization licence holder or if it is registered or authorised to use the roads in another Member State.
The authorization licence must be produced whenever required by an authorised inspecting officer.
Within the territory of each Member State the holder must comply with the laws, regulations and administrative provisions in force in that State, in particular with regard to transport and traffic.
__________________________
(1) 'Vehicle' means a motor vehicle registered in a Member State or a coupled combination of vehicles, the motor vehicle of which at least is registered in a Member State, used exclusively for the carriage of goods.'
881/92
ANNEX II
"ANNEX
Types of carriage to be exempted from any Community authorization and from any carriage authorization
1. Carriage of mail as a public service.
2. Carriage of vehicles which have suffered damage or breakdown.
3. Carriage of goods in motor vehicles the permissible laden weight of which, including that of trailers, does not exceed six tonnes or the permissible payload of which, including that of trailers, does not exceed 3,5 tonnes.
4. Carriage of goods in motor vehicles provided the following conditions are fulfilled:
(a) the goods carried must be the property of the undertaking or must have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking;
(b) the purpose of the journey must be to carry the goods to or from the undertaking or to move them, either inside the undertaking or outside for its own requirements;
(c) motor vehicles used for such carriage must be driven by employees of the undertaking;
(d) the vehicles carrying the goods must be owned by the undertaking or have been bought by it on deferred terms or hired provided that in the latter case they meet the conditions of Council Directive 84/647/EEC of 19 December 1984 on the use of vehicles hired without drivers for the carriage of goods by road [27].
This provision shall not apply to the use of a replacement vehicle during a short breakdown of the vehicle normally used;
(e) carriage must be no more than ancillary to the overall activities of the undertaking.
5. Carriage of medicinal products, appliances, equipment and other articles required for medical care in emergency relief, in particular for natural disasters."
484/2002 Annex (adapted)
1 Act of Accession of Austria, Sweden and Finland Art. 29 and Annex I, p. 166
2 Accession Act of 2003
3 1791/2006 Annex pt. 6(B)(2)
ANNEX II III
EUROPEAN COMMUNITY
(a)
(Colour pink – format DIN A4; synthetic paper, 150g/m2 or more )
(First page of the attestation)
(Text in (one of) the official language(s) of the Member State issuing the attestation)
Distinguishing sign of the Member State (1) issuing the attestation | | Name of the competent authority or body |
DRIVER ATTESTATION N°…….
for the carriage of goods by road for hire or reward under a Community authorisation licence
(Regulation (EEC) No 881/92 as amended by Regulation (EC) No 484/2002 of 1 March 2002 Regulation (EC) No [...] )
This attestation certifies that on the basis of the documents presented by:
(2)……………………………………………………………………………………….............................................................
………..………………………………………………………….……………………………………………………………….
The following driver:
Name and forename……………………………………………………………………………………………………………
Date and place of birth……………………………………………….Nationality…………………………………………….
Type and reference number of identity paper………………………………………………………………………………..
Date of issue…………………………………………………………..Place of issue………………………………………..
Driving licence number…………………………………………………………………………………………………………
Date of issue…………………………………………………………..Place of issue………………………………………..
Social security number…………………………………………………………………………………………………………
Is employed, in accordance with the laws, regulations or administrative provisions and, as appropriate, the collective agreements, in accordance with the rules applicable in the following Member State, on the conditions of employment and of vocational training of drivers applicable in that Member State to carry out road transport operations in that State:
…………………………………………………………………………………………………………………………………(3)
Particular remarks………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………………………….
This attestation shall be valid from………………………………..to………………………………………………………...
Issued in ………………………………………………, on……………………………………………….
………………..………………………………(4)
_______________
(1) The distinguishing signs of the Member States are: (B) Belgium, 3 (BG) Bulgaria, 2 (CZ) Czech Republic, (DK) Denmark, (D) Germany, 2 (EST) Estonia, (IRL) Ireland, (GR) Greece, (E) Spain, (F) France, (I) Italy, 2 (CY) Cyprus, (LV) Latvia, (LT) Lithuania, (L) Luxembourg, 2 (H) Hungary, (MT) Malta, (NL) Netherlands, 1 (A) Austria, 2 (PL) Poland, (P) Portugal, 3 (RO) Romania, 2 (SLO) Slovenia, (SK) Slovakia, 1 (FIN) Finland, (S) Sweden, (UK) United Kingdom.
(2) Name or business name and full address of the haulier
(3) Name of the haulier's Member State of establishment
(4) Signature and stamp of the issuing competent authority or body
(Second page of the attestation)
(Text in (one of) the official language(s) of the Member State issuing the attestation)
GENERAL PROVISIONS
This attestation is issued under Council Regulation (EEC) N° 881/92 of 26 March 1992, as amended, on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States Regulation (EC) No [...] of [date] the European Parliament and of the Council on common rules for the access to the international road haulage market .
It certifies that the driver named therein is employed, in accordance with the laws, regulations or administrative provisions and, as appropriate, the collective agreements, in accordance with the rules applicable in the Member State mentioned on the attestation, on the conditions of employment and of vocational training of drivers applicable in that same Member State to carry out road operations in that State.
The driver attestation shall belong to the haulier, who puts it at the disposal of the driver designated therein when that driver drives a vehicle (5) engaged in carriage using a Community authorisation issued to that haulier. The driver attestation is not transferable. The driver attestation shall be valid only as long as the condition under which it was issued are still satisfied and must be returned immediately by the haulier to the issuing authorities if these conditions are no longer met.
It may be withdrawn by the competent authority of the Member State which issued it, in particular where the haulier has:
– Nnot complied with all the conditions for using the attestation;
– Ssupplied incorrect information with regard to the data needed for the issue or extension of attestation;
– Aa certified true copy of the attestation must be kept by the haulage undertaking;
– Tthe original attestation must be kept in the vehicle and must be produced by the driver whenever required by an authorised inspecting officer.
_____________________
(5) "Vehicle" means a motor vehicle registered in a Member State of a coupled combination of vehicles, the motor vehicle of which at least is registered in a Member State, used exclusively for the carriage of goods.
ANNEX III
Correlation Table
Regulation 881/92 | Regulation 3118/93 | Directive 2006/94 | This Regulation |
Article 1 (1) | | | Article 1 (1) |
Article 1 (2) | | | Article 1 (2) |
Article 1 (3) | | | Article 1 (3) |
| | | Article 1 (4) new |
| | Article 1 (1), 1 (2), Annex I; Article 2 | Article 1 (5) |
Article 2 | | | Article 2 amended |
Article 3 (1) | | | Article 3 |
Article 3 (2) | | | Article 4 (1) amended |
Article 3 (3) | | | Article 5 (1) amended |
Article 4 | | | - |
Article 5 (1) | | | Article 4 (2) amended |
Article 5 (2) | | | Article 4 (3) amended |
Article 5 (3) | | | Article 4 (4) amended |
Article 5 (4), Annex I 2nd page, 7th para, 2nd and 3rd sentence | | | Article 4 (6) amended |
Article 5 (5) | | | Article 4 (2) |
Article 6 (1) | | | Article 5 (2) amended |
Article 6 (2) | | | Article 5 (2) amended |
Article 6 (3) | | | Article 5 (3) amended |
Article 6 (4) | | | Article 5 (4) |
Article 6 (5) | | | Article 5 (5) |
Article 7 | | | Article 6 |
Article 8 (1) | | | Article 7 (1) |
Article 8 (2) | | | Article 7 (2) |
Article 8 (3) | | | Article 11 (1) amended |
Article 8 (4) | | | Article 11 (2) |
Article 9 (1) | | | Article 11 (6) amended |
Article 9 (2) | | | Article 11 (6) amended |
| Article 1 (1) | | Article 8 (1) |
| - | | Article 8 (2) |
| - | | Article 8 (3) |
| Article 1 (2) | | Article 8 (4) |
| Article 1 (3) | | Article 8 (5) |
| Article 1 (4) | | Article 8 (6) |
| | | Article 8 (7) new |
| Article 2 | | - |
| Article 3 | | - |
| Article 4 | | - |
| Article 5 | | - |
| Article 6 (1) | | Article 9 (1) amended |
| Article 6 (2) | | - |
| Article 6 (3) | | Article 9 (2) |
| Article 6 (4) | | - |
| Article 7 | | - |
Article 10 | | | Article 16 (1) amended |
Article 11 (1) | | | Article 10 amended |
Article 11 (2) | | | Article 12 (1) amended |
Article 11 (3) | | | Article 11 (3) amended |
Article 11a | | | - |
| Article 8 (1) | | Article 10 amended |
| Article 8 (2) | | Article 12 (2) amended |
| Article 8 (3) | | Article 12 (2) amended |
| Article 8 (4) subparagraphs 1 and 3 | | - |
| Article 8 (4) subparagraph 2 | | Article 11 (4) amended |
| Article 8 (4) subparagraphs 4 and 5 | | Article 11 (5) amended |
| Article 9 | | Article 12 (3) amended |
Article 12 | | | Article 17 |
Article 13 | | | - |
Article 14 | Article 10 | | - |
| Article 11 | | - |
Article 15 | Article 12 | | Artilce 18 |
| | Article 3 | - |
| | Article 4 | - |
| | Article 5 | - |
| | Annex II, III | - |
Annex I | | | Annex I |
Annex II | | | Article 1 (5) |
Annex III | | | Annex II |
| Annex I | | - |
| Annex II | | - |
| Annex III | | - |
| Annex IV | | - |
[1] Studies were carried out on driver attestations (ECORYS), on cabotage (COWI), on admission to the occupation and on the Working Time Directive (TNO).
[2] OJ C , , p. .
[3] OJ C , , p. .
[4] OJ C, , p. .
[5] OJ C, , p. .
[6] OJ L 95, 9.4.1992, p.1, as last amended by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002, OJ L 76, 19.3.2002, p.1
[7] OJ L 279, 12.11.1993, p.1, as last amended by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002, OJ L 76, 19.3.2002, p.1
[8] Directive 2006/94/EC of the European Parliament and of the Council on the establishment of common rules for certain types of carriage of goods by road, OJ L 374, 27.12.2006, p. 5
[9] OJ No L 357, 29. 12. 1976, p. 1. Regulation last amended by Regulation (EEC) No 3914/90 (OJ No L 375, 31. 12. 1990, p. 7).
[10] OJ No L 308, 19. 11. 1974, p. 1. Directive last amended by Regulation (EEC) No 3572/90 (OJ No L 353, 17. 12. 1990, p. 12).
[11] OJ No L 70, 6. 8. 1962, p. 2005/62. Directive last amended by Directive 84/647/EEC (OJ No L 335, 22. 12. 1984, p. 72). OJ L 374, 27.12.2006, p.3
[12] OJ No L 95, 9. 4. 1992, p. 1.
[13] OJ L 18, 21.1.1997, p.1
[14] OJ
[15] OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
[16] OJ L 33, 4.2.2006, p.82
[17] First Council Directive of 23 July 1962 on the establishment of certain common rules for international transport (carriage of goods by road). (OJ No 70, 6. 8. 1962, p. 2005/62). Directive as last amended by Regulation (EEC) No 881/92 (OJ No L 95, 9. 4. 1992, p. 1).
[18] OJ No L 221, 7. 8. 1986, p. 48.
[19] 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).
[20] OJ No L 221, 7. 8. 1986, p. 48.
[21] OJ L 235, 17.9.1996, p.59.
[22] OJ No L 375, 31. 12. 1990, p. 10.
[23] OJ L 370, 31.12.1985, p. 8. Regulation amended lastly by Regulation (EC) n° 1791/2006 (OJ L 363, 20.12.2006, p. 1.
[24] OJ No L 48, 22. 2. 1975, p. 31. Directive last amended by Directive 91/224/EEC (OJ No L 103, 23. 4. 1991, p. 1).
[25] OJ No 88, 24. 5. 1965, p. 1469/65. Directive as last amended by Directive 85/505/EEC (OJ No L 309, 21. 11. 1985, p. 27).
[26] OJ No L 18, 24. 1. 1980, p. 21.
[27] OJ No L 335, 22. 12. 1984, p. 72.
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