L 300/88 Official Journal of the European Union 14.11.2009 REGULATION (EC) No 1073/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (recast) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO- PEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 71 thereof, Having regard to the proposal from the Commission, 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 procedure laid down in Article 251 of the Treaty (?), Whereas: (1) A number of substantial changes are to be made to Coun- cil Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (}) and to Council Regulation (EC) No 12/98 of 11 December 1997 laying down the condi- tions under which non-resident carriers may operate national road passenger transport services within a Mem- ber State (*). In the interests of clarity and simplification, those Regulations should be recast and incorporated into one single regulation. (2)  The establishment of a common transport policy entails, inter alia, laying down common rules applicable to the international carriage of passengers by road as well as the conditions under which non-resident carriers may operate national transport services within a Member State. (1) OJ C 10, 15.1.2008, p. 44. (%) Opinion of the European Parliament of 5 June 2008 (not yet published in the Official Journal), Council Common Position of 9 January 2009 (OJ C62E, 17.3.2009, p. 25), Position of the European Parliament of 23 April 2009 (not yet published in the Official Journal) and Council Decision of 24 September 2009. () OJ L 74,20.3.1992, p. 1. (%) OJL 4, 8.1.1998, p. 10. G) To ensure a coherent framework for the international car- riage of passengers by coach and bus throughout the Com- munity, this Regulation should apply to all international carriage on Community territory. Carriage from Member States to third countries is still largely covered by bilateral agreements between the Member States and those third countries. Therefore, this Regulation should not apply to that part of the journey within the territory of the Member State of picking up or setting down, as long as the neces- sary agreements between the Community and the third countries concerned have not been concluded. It should, however, apply to the territory of a Member State crossed in transit. Freedom to provide services constitutes a basic principle of the common transport policy and requires that carriers from all Member States be guaranteed access to interna- tional transport markets without discrimination on grounds of nationality or place of establishment. The international carriage of passengers by coach and bus should be conditional on the possession of a Community licence. Carriers should be required to carry a certified true copy of the Community licence aboard each of their vehicles, in order to facilitate effective controls by enforce- ment authorities, especially those outside the Member State in which the carrier is established. The conditions govern- ing the issue and withdrawal of Community licences, their periods of validity and the detailed rules for their use should be determined. It is also necessary to lay down detailed specifications as regards the layout and other fea- tures of the Community licence and the certified copies thereof. Roadside checks should be carried out without direct or indirect discrimination on grounds of the nationality of the road transport operator or the country of establishment of the road transport operator or of registration of the vehicle. There should be provision for flexible arrangements sub- ject to certain conditions for special regular services and certain occasional services, in order to satisfy market demand. While maintaining authorisation arrangements for regular services, certain rules should be amended, particularly as regards authorisation procedures.