Regulation 1969/1191 - Action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway - Main contents

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Regulation (EEC) No 1191/69 of the Council of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway

Official Journal L 156 , 28/06/1969 P. 0001 - 0007

Finnish special edition: Chapter 7 Volume 1 P. 0064

Danish special edition: Series I Chapter 1969(I) P. 0258

Swedish special edition: Chapter 7 Volume 1 P. 0064

English special edition: Series I Chapter 1969(I) P. 0276

Greek special edition: Chapter 07 Volume 1 P. 0100

Spanish special edition: Chapter 08 Volume 1 P. 0131

Portuguese special edition Chapter 08 Volume 1 P. 0131

REGULATION (EEC) No 1191/69 OF THE COUNCIL of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Articles 75 and 94 thereof;

Having regard to the Council Decision of 13 May 1965 (1) on the harmonisation of certain provisions affecting competition in transport by rail, road and inland waterway;

Having regard to the proposal from the Commission;

Having regard to the Opinion of the European Parliament (2);

Having regard to the Opinion of the Economic and Social Committee (3);

Whereas one of the objectives of the common transport policy is to eliminate disparities liable to cause substantial distortion in the conditions inherent in the concept of a public service which are imposed on transport undertakings by Member States;

Whereas it is therefore necessary to terminate the public service obligations defined in this Regulation ; whereas, however, it is essential in certain cases to maintain such obligations in order to ensure the provision of adequate transport services ; whereas the adequacy of transport services must be assessed in the light of the state of supply and demand in the transport sector and of the needs of the community;

Whereas these termination measures are not to apply to transport rates and conditions imposed on passenger transport undertakings in the interests of one or more particular categories of person;

Whereas, for the purpose of implementing these measures, it is necessary to define the various public service obligations covered by this Regulation ; whereas such obligations include the obligation to operate, the obligation to carry and tariff obligations;

Whereas it should be left to the Member States on their own initiative to take measures to terminate or to maintain public service obligations ; whereas, however, these obligations being such as to entail financial burdens for transport undertakings, the latter must be able to apply for their termination to the competent authorities of the Member States;

Whereas it is appropriate to provide that transport undertakings may apply for the termination of public service obligations only where such obligations involve them in economic disadvantages determined in accordance with common procedures defined in this Regulation;

Whereas, in order that standards of operation may be raised, transport undertakings should be able, when making their applications, to propose the use of some other form of transport better suited to the traffic in question;

Whereas when deciding the maintenance of public service obligations the competent authorities of Member States must be able to attach to their decision conditions likely to improve the yield of the operations in question ; whereas when deciding to terminate a public service obligation the competent authorities must, however, in order to ensure the provision of adequate transport services, be able to provide for the introduction of an alternative service;

Whereas, in order to take account of the interests of all Member States, a Community procedure should be introduced for cases where...

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