6.2.1999 Official Journal of the European Communities L 33/21 COMMISSION DECISION of 25 January 1999 concerning a dispute between the Netherlands and France and Italy concerning authorisation of a regular passenger service by coach (notified under document number C(1999) 111) (Only the Danish, Dutch, English, French, German, Italian and Spanish versions are authentic) (Text with EEA relevance) (1999/102/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus ('), as amended by Regulation (EC) No 11/98 (%), and in particular Article 7(7) thereof, Whereas: I. FACTS On 17 March 1998 the Dutch company Atlas Reizen BV submitted to the competent Dutch authorities, hereinafter referred to as the ‘author- ising authority’, an application for the authorisation of a regular service by coach through various Member States, namely Belgium, Denmark, Germany, Spain, France, Italy, the Netherlands, Austria and the United Kingdom. The service proposed by Atlas Reizen BV is aimed only at non-European tourists, who reserve a full tour which is payable in advance to a travel agency, the price covering the whole tour and the ticket being valid for the entire season. The route can be taken only once. Tourists may be set down at one of the predetermined stops in one of the Member States and continue their trip a few days later in another coach of the same service. Coaches stop every other day to collect passengers at special stops, usually near hotels. The tour operates from April to October. In accordance with the authorisation procedure set out in Article 7(1) of Regulation (EEC) No 684/92, authorisation is issued in agreement with all the Member States in whose territories passengers are picked up or set down; whereas in a letter dated 25 March 1998, the Dutch authorities transmitted the 74, 20. 3. 1992, p. 1. 4, 8. 1. 1998, p. 1. * application with a favourable opinion to all the Member States concerned. Belgium, Denmark, Germany, Spain, Austria and the United Kingdom endorsed the application but France and Italy rejected it. On 10 April 1998 the French authorities stated that they were opposed to the application on the basis that it differed only slightly from a previous application submitted by the Dutch company Vermaat’s Autobedrijf BV in a letter dated 12 August 1997, which the French authorities rejected on 10 October 1997 on the grounds that it was not possible, from the application, to define the category of service (regular, special regular or occa- sional), that it was aimed at the most lucrative market since it was offered only during the tourist season, and it constituted unauthorised cabotage within the meaning of Council Regulation (EEC) No 2454/92 of 23 July 1992 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (°), as amended by the Act of Accession of Austria, Finland and Sweden. On 21 April 1998 the Italian authorities informed the Dutch authorities that they would endorse the application on condition that no services would be provided between two or more towns on Italian territory, thus effectively refusing authorisation of the service as presented. On 16 June 1998 the dispute in question was referred to the Commission under Article 7(6) of Regulation (EEC) No 684/92, which states that ‘If the procedure for reaching the agreement referred to in paragraph 1 does not enable the authorising authority to decide on an application, the matter may be referred to the Commission within the time limit laid down in paragraph 3’, that is three months from submission of the application. () OJ L 251, 29. 8. 1992, p. 1.