Appendix 2
S.I. 2013/228: memorandum from the Department
for Transport
Rights of Passengers in Bus and Coach Transport
(Exemptions) Regulations 2013 (S.I. 2013/228)
1. By a letter dated 27th February
2013 the Committee has asked for a memorandum on the following
point:
Explain how Community legislation permits the
exemptions provided by regulation 4(1)(a) and (b), given that
the scope of Article 2(5) of Regulation (EU) No. 181/2011 is limited
to services that not only have at least one scheduled stop in
territory outside the European Union but also operate to a significant
part in such territory.
2. Article 2(5) of Regulation (EU) No.181/2011
allows Member States to exempt from the application of the Regulation
"particular regular services because a significant part of
such regular services, including at least one scheduled stop,
is operated outside the Union".
3. The Department takes the view that
"significant", construed in the context of the EU Regulation,
means "not insignificant". Having regard to the fact
that the exemption is in respect of particular services and that
any commercial service operating to Switzerland or Croatia would
be likely to be destined for a major conurbation there, as evidenced
by those services that are currently operated, we took the view
that such a service would necessarily involve more than an "insignificant"
part of the journey being operated in the territory concerned.
Even if the service were operated to a place not far from the
border, if the destination were a place of some size, which we
thought would almost certainly be the case, the final leg of the
journey would on this reading be inherently a "significant
part" of the journey. Our view that significance is not
to be construed solely with reference to the distance travelled
within the country is reinforced by the fact that "one scheduled
stop" is the only additional mandatory requirement.
4. In relation to the requirement for
at least one scheduled stop, we took the view that this could
be the final stop; this construction still gives the provision
a purpose as it would prevent an exemption being given to a service
that merely passed through a territory without stopping.
5. Accordingly the Department remains
of the view that Article 2(5) of the EU Regulation permits the
exemptions provided for in regulation 4(1)(a) and (b) of the domestic
Regulations.
6. The exemptions are time limited and
the government will keep their operation under review. If it
became apparent that services were being operated to destinations
of no significance in Switzerland purely in order to take advantage
of the exemption, the government would consider whether it should
take any action. The position is unlikely to arise in relation
to Croatia as it joins the EU on 1st July. The government
is aware of a commercial service currently operating to Split,
via Zagreb, but it considers this clearly meets the test in the
Regulation.
Department for Transport
4 March 2013
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