Decision 2020/853 - Decision 2020/853 empowering Germany to amend its bilateral road transport agreement with Switzerland with a view to authorising cabotage operations in the course of the provision of international road passenger transport services by coach and bus in the border regions between the two countries - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
Contents
official title
Decision (EU) 2020/853 of the European Parliament and of the Council of 18 June 2020 empowering Germany to amend its bilateral road transport agreement with Switzerland with a view to authorising cabotage operations in the course of the provision of international road passenger transport services by coach and bus in the border regions between the two countries| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2020/853 |
| Original proposal | COM(2019)221  |
| CELEX number i | 32020D0853 |
| Document | 18-06-2020; Date of signature |
|---|---|
| Publication in Official Journal | 22-06-2020; OJ L 198 p. 44-46 |
| Signature | 18-06-2020 |
| Effect | 01-01-1001; Takes effect Date notif. |
| End of validity | 31-12-9999 |
| Notification | 01-01-1001 |
22.6.2020 |
EN |
Official Journal of the European Union |
L 198/44 |
DECISION (EU) 2020/853 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 18 June 2020
empowering Germany to amend its bilateral road transport agreement with Switzerland with a view to authorising cabotage operations in the course of the provision of international road passenger transport services by coach and bus in the border regions between the two countries
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
In accordance with Article 20(1) of the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road (3) (the ‘EU‐Swiss Agreement’), the transport of passengers by coach and bus between two points situated on the territory of the same Contracting Party by carriers established in the territory of the other Contracting Party, known as cabotage, is not authorised. |
(2) |
In accordance with Article 20(2) of the EU‐Swiss Agreement, existing cabotage rights under bilateral agreements concluded between Member States and Switzerland which were in force when the EU‐Swiss Agreement was concluded, namely on 21 June 1999, may continue to be exercised provided that there is no discrimination between carriers established in the Union and no distortion of competition. The bilateral road transport agreement between Switzerland and Germany of 17 December 1953 (4) (the ‘Swiss‐German Agreement’) does not authorise cabotage operations in the course of the provision of road passenger transport services by coach and bus between the two countries. Therefore, the right to conduct such operations is not among the rights covered by Article 20(2) of the EU‐Swiss Agreement and listed in Annex 8 thereto. |
(3) |
International commitments permitting carriers established in Switzerland to conduct cabotage operations within the Union are liable to affect Article 20 of the EU‐Swiss Agreement, since that Article does not authorise such operations. |
(4) |
Regulation (EC) No 1073/2009 of the European Parliament and of the Council (5) permits cabotage operations within the Union to be conducted exclusively by carriers holding a Community licence, under certain conditions. International commitments permitting third‐country carriers, not holding such a licence, to conduct operations of that kind are liable to affect that Regulation. |
(5) |
Consequently, such international commitments fall within the Union’s exclusive external competence. Member States may negotiate, or enter into, such commitments only if empowered to do so by the Union in accordance with Article 2(1) of the Treaty on the Functioning of the European Union (TFEU). |
(6) |
Cabotage operations carried out within the Union by third‐country carriers not holding a Community licence as provided for in Regulation (EC) No 1073/2009 affect the functioning of the internal market for coach and bus services, as established by that Regulation. It is therefore necessary that an empowerment under Article 2(1) TFEU be granted by the Union legislator in accordance with the legislative procedure referred to in Article 91 TFEU. |
(7) |
By letter of 11 May 2017, Germany requested an empowerment from the Union to amend the Swiss‐German Agreement with a view to authorising cabotage operations in the course of the provision of road passenger... |
More
This text has been adopted from EUR-Lex.
This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.
This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.
The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.
The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.