23 Coach and bus services
| (25913)
11865/04
COM(04) 527
+ ADD 1
| Commission Communication on the operation and prospects of the Community framework for passenger transport by coach and bus: access to international transport and cabotage markets, safety and rights of passengers
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| Legal base | — |
| Document originated | 29 July 2004
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| Deposited in Parliament | 2 September 2004
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| Department | Transport |
| Basis of consideration | EM of 20 September 2004
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| Previous Committee Report | None
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| To be discussed in Council | None planned
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
23.1 Regulations governing access to international and cabotage[46]
markets for road passenger transport require the Commission to
report on the application of these rules.
The document
23.2 In this Communication the Commission reports on and analyses
the operation of the Regulations on access to international and
cabotage markets for road passenger transport. The analysis is
based partly on feedback from stakeholders over recent years.
The Commission invites views on the effectiveness of current procedures
in relation to international road passenger transport and invites
Member States' views on how these might be improved. It says that
on the basis of the views expressed it will propose towards the
end of 2004 or early in 2005 legislation to change the conditions
for operating regular international services.
23.3 Regulation 684/92, as amended, governing international
carriage of passengers by road, requires authorisation by the
competent authorities of a Member State only of regular services
— those which operate on a specified route, to a fixed timetable,
throughout the year. All other services have been liberalised.
The Regulation also introduced a standard Community licence for
international passenger transport operators, the aim of which
was to facilitate checks carried out on a vehicle when it is operating
outside its country of registration.
23.4 The Commission states that the existing authorisation
procedure for regular international services is at odds with the
general principle of opening up the transport market. So it asks
whether steps — intermediate or final — should be
taken towards a fully liberalised market for international regular
services. The document invites views on three possibilities:
- Member States may currently
refuse an authorisation if it would seriously affect the viability
of a comparable rail service. The Commission asks if this provision
should be abolished and whether other restrictions on authorisation
should be relaxed;
- authorising authorities are currently required
to take a decision within four months of receipt of an application.
In practice, it appears that this time limit is often exceeded.
The Commission asks whether the authorisation should be deemed
to have been approved if the authorities have not taken a decision
within the time limit; and
- the Commission asks whether regular international
services should be fully liberalised, and if so with what formalities
and documentation — similar to those for the liberalised
market for occasional services — in place of the present
authorisation procedure.
23.5 The Commission also asks for views on clarifications
it has made in the Communication of the interpretation and application
of the legislation relating to the Community licence for international
transport operators.
23.6 Regulation 12/98 governs cabotage in the road
passenger transport sector. The Commission says that the impact
of cabotage on national markets has been minimal, mainly because
the qualifying conditions are so stringent. In order to carry
out cabotage in another Member State an operator, in effect, has
to become established in that Member State. Consequently, cabotage
operations have tended to be confined to cross-border areas. However,
the Commission concludes that there is no pressing need at present
to amend the Regulation.
23.7 The Commission also requests views on the safety
of vehicles and passenger rights, whilst recognising that this
goes wider than the scope of Regulations 684/98 and 12/98. The
Communication invites comments on whether safety would be increased
by introducing a certification for carriers which goes beyond
the minimum safety standards laid down by Community and national
legislation. It also invites views on passenger rights, such as
the provision of fare information, contractual terms and the mechanisms
for resolving disputes.
The Government's view
23.8 The Parliamentary Under-Secretary of State,
Department of Transport (Mr David Jamieson) says:
"In principle, the UK supports the continued
liberalisation of international coach operations, providing that
it does not compromise road safety, passenger rights or other
policy aims. The paper in question is not proposing any legislative
amendments at this stage, and is merely seeking reactions from
Member States. The views of stakeholders will be sought prior
to sending a formal response to the European Commission. However,
the Commission's suggested improvements to the authorisation procedures
are uncontentious, indeed they largely reflect current best practice.
The third scenario, which would involve complete liberalisation,
is likely to prove more controversial. Abolishing the authorisation
procedures for international regular services so soon after EU
Enlargement may be seen by the industry as premature."
Conclusion
23.9 We note that the consultations this document
initiate may lead to a Commission proposal for full liberalisation
of the international road passenger transport sector. We are content
to clear this document, but wish to see in due course both the
Government's response to the Communication and the views of the
stakeholders concerned.
46 Cabotage is transport by an operator from one Member
State entirely within another Member State. Back
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