Decision of the EEA Joint Committee No 56/1999 of 30 April 1999 amending Annex XIII (transport) to the EEA Agreement
9. 11. 2000 EN Official Journal of the European Communities L 284/17 DECISION OF THE EEA JOINT COMMITTEE No 56/1999 of 30 April 1999 amending Annex XIII (transport) to the EEA Agreement THE EEA JOINT COMMITTEE, Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof, Whereas: (1) (2) (3) Annex XIII to the Agreement was amended by Decision No 40/1999 of the EEA Joint Committee of 26 March 1999 (1). Commission Regulation (EC) No 2121/98 of 2 October 1998 laying down detailed rules for the application of Council Regulations (EEC) No 684/92 and (EC) No 12/98 as regards documents for the carriage of passengers by coach and bus (2) is to be incorporated into the Agreement. Commission Regulation (EC) No 2121/98 repeals, with effect from 31 December 1999, Com- mission Regulation (EEC) No 1839/92 of 1 July 1992 laying down detailed rules for the application of Council Regulation (EEC) No 684/92 as regards documents for the international carriage of passengers (3) which is incorporated in the Agreement and is therefore to be deleted from the Agreement with effect from the same date, HAS DECIDED AS FOLLOWS: Article 1 The following point shall be inserted after point 33b [Council Regulation (EC) No 12/98] in Annex XIII to the Agreement: ‘33c. 398 R 2121: Commission Regulation (EC) No 2121/98 of 2 October 1998 laying down detailed rules for the application of Council Regulations (EEC) No 684/92 and (EC) No 12/98 as regards documents for the carriage of passengers by coach and bus (OJ L 268, 3. 10. 1998, p. 10). The provisions of the Regulation shall, for the purposes of the present Agreement, be read with the following adaptations: (a) the EFTA States shall recognise the Community documents issued by the EC Member States in accordance with the Regulation. For the purposes of such recognition, in the provisions of the Community documents set out in Annexes II, III, IV, V and VI to the Regulation, references to “Member State(s)” shall be read “EC Member State(s), Iceland, Liechtenstein or Norway” and, in the titles of documents set out in Annexes II, III, IV and V, references to “Member States” shall be read “States that are either EC Member States or EFTA States”; (1) OJ L 266, 19. 10. 2000. (2) OJ L 268, 3. 10. 1998, p. 10. (3) OJ L 187, 7. 7. 1992, p. 5. L 284/18 EN Official Journal of the European Communities 9. 11. 2000 (b) the Community and the EC Member States shall recognise the documents issued by Iceland, Liechtenstein and Norway in accordance with the Regulation and the adaptations set out in, or referred to in, paragraph (c); (c) Iceland, Liechtenstein and Norway shall issue documents corresponding to: — Annex I to the Regulation, — the order Annexes to the Regulation which shall be issued in accordance with the model set out in Appendix 6 to this Annex. ’ The appendix to the Annex to this Decision shall become Appendix 6 to Annex XIII to the Agreement. Article 2 The text of point 33 [Commission Regulation (EEC) No 1839/92] of, and the text of Appendix 3 to, Annex XIII to the Agreement shall be deleted with effect from 31 December 1999. Article 3 Article 4 The texts of Regulation (EC) No 2121/98 in the Icelandic and Norwegian languages, which are annexed to the respective language versions of this Decision, are authentic. Article 5 This Decision shall enter into force on 23 July 1999, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee. This Decision shall be published in the EEA section of, and in the EEA Supplement to, the Official Journal of the European Communities. Article 6 Done at Brussels, 30 April 1999. For the EEA Joint Committee The President F. BARBASO 9. 11. 2000 EN Official Journal of the European Communities L 284/19 ANNEX to Decision No 56/1999 of the EEA Joint Committee ‘Appendix 6 DOCUMENTS SET OUT IN THE ANNEXES TO COMMISSION REGULATION (EC) No 2121/98, AS ADAPTED FOR THE PURPOSES OF THE EEA AGREEMENT See adaptation (c) in point 33c of Annex XIII to the Agreement L 284/20 EN Official Journal of the European Communities 9. 11. 2000 ANNEX II Cover page (Paper — A4) To be worded in the official language(s) or one of the official languages of the carrier’s EFTA State of establishment ISSUING STATE Competent authority — International distinguishing sign — (1). BOOK No. of journey forms: (a) for international occasional services by coach and bus between the States that are either EC Member States or EFTA States, issued on the basis of Regulation (EEC) No 684/92, as adapted for the purposes of the Agreement on the European Economic Area (b) for occasional services by coach and bus in the form of cabotage carried out in an EC Member State or an EFTA State other than that in which the carrier is established, issued on the basis of Regulation (EC) No 12/98, as adapted for the purposes of the Agreement on the European Economic Area to:. (Surname and first name or trade name of carrier). (Full address, telephone and fax number). (place and date of issue) (Signature and stamp of issuing authority or agency) (1) Iceland (IS), Liechtenstein (FL), Norway (N). 9. 11. 2000 EN Official Journal of the European Communities L 284/21 Second page To be worded in the official language(s) or one of the official languages of the carrier’s EFTA State of establishment A. GENERAL PROVISIONS COMMON TO INTERNATIONAL OCCASIONAL SERVICES AND OCCASIONAL SERVICES IN THE FORM OF CABOTAGE Important notice 1. 2. 3. 4. 5. 6. Articles 11(1) and 4(1) of Regulation (EEC) No 684/92, as adapted for the purposes of the Agreement on the European Economic Area, and Article 6(1), (2) and (3) of Regulation (EC) No 12/98, as adapted for the purposes of the Agreement on the European Economic Area, state that occasional services shall be carried out under cover of a control document — journey form. The provisions referred to in the previous paragraph define occasional services as services ‘which do not fall within the definition of regular services, including special regular services, and whose main characteristic is that they carry groups constituted on the initiative of a customer or of the carrier himself. ’ Regular services are ‘services which provide for the carriage of passengers at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points. Regular services shall be open to all, subject, where appropriate, to compulsory reservation. The regular nature of the service shall not be affected by any adjustment to the service operating conditions. Services, by whomsoever organised, which provide for the carriage of specified categories of passengers to the exclusion of other passengers, in so far as such services are operated under the conditions specified in point 1. 1, shall be deemed to be regular services. Such services are called ‘special regular services’. Special regular services shall include: (a) the carriage of workers between home and work; (b) carriage to and from an educational institution for school pupils and students; (c) the carriage of soldiers and their families between their State of origin and the area of their barracks. The fact that a special service may be varied according to the needs of users shall not affect its classification as a regular service. ’ The journey form shall be valid for the entire journey. The licence and the journey form entitle the holder to carry out: (a) (b) international occasional services by coach and bus between two or more States that are either EC Member States or EFTA States; occasional services in the form of cabotage in an EC Member State or EFTA State other than that in which the carrier is established. The journey form shall be completed in duplicate, either by the carrier or by the driver before the beginning of each service. The copy of the journey form shall remain in the undertaking. The driver shall keep the original on board the vehicle throughout the journey and present it on request to enforcement officials. The driver shall return the journey form to the undertaking which delivered it at the end of the journey in question. The carrier shall be responsible for keeping the documents. They shall be filled in legibly and indelibly. L 284/22 EN Official Journal of the European Communities 9. 11. 2000 B. PROVISIONS SPECIFIC TO INTERNATIONAL OCCASIONAL SERVICES Third page 1. 2. 3. 4. The second subparagraph of Article 2(3. 1) of Regulation (EEC) No 684/92, as adapted for the purposes of the Agreement on the European Economic Area, states that the organisation of parallel or temporary services comparable to existing regular service and serving the same clientele as the latter shall be subject to authorisation. Carriers may carry out local excursions in an EC Member State or EFTA State other than that in which they are established in the case of international occasional services. Such local excursions shall be intended exclusively for non-resident passengers previously transported by the same carrier in the framework of an international occasional service. They shall be transported in the same vehicle or a vehicle belonging to the same carrier or group of carriers. In the case oof local excursions, the journey form must be completed before the departure of the vehicle on the excursion in question. In the case of an international occasional service operated by a group of carriers acting on behalf of the same customer and possibly involving the passengers catching a connection en route with a different carrier of the same group, the original of the journey form shall be kept on the vehicle carrying out the service. A copy of the journey form shall be kept at the base of each carrier involved. C. PROVISIONS SPECIFIC TO OCCASIONAL SERVICES IN THE FORM OF CABOTAGE 1. Occasional services in the form of cabotage shall be subject, save as otherwise provided in Community legislation, as adapted for the purposes of the Agreement on the European Economic Area, to the laws, regulations and administrative measures in force in the host EC Member State or EFTA State in the following areas: (a) rates and conditions governing the transport contract; (b) weights and dimensions of the road vehicles. Such weights and dimensions may, where appropriate, exceed those applicable in the carrier’s EC Member State of EFTA State of establishment, but in no circumstances may they exceed the weights and dimensions set out in the certificate of conformity; (c) (d) (e) requirements relating to the carriage of certain categories of passengers, namely schoolchildren, children and persons with reduced mobility; driving and rest periods; value added tax (VAT) on the transport services. 2. 3. 4. 5. The technical standards for construction and equipment which the vehicles used to carry out the cabotage transport operations must meet shall be those laid down for vehicles put into circulation in international transport. EC Member States and EFTA States shall apply the national provisions referred to in points 1 and 2 to non-resident carriers on the same conditions as those applied to their own citizens, in order effectively to prevent any open or hidden discrimination on grounds of nationality or place of establishment. In the case of an occasional service in the form of cabotage, the journey forms shall be returned by the carrier to the competent authority or agency of the EC Member State or EFTA State of establishment in accordance with procedures to be laid down by that authority or agency (1). In the case of special regular services in the form of cabotage, the journey forms shall be completed in the form of a monthly statement and returned by the carrier to the competent authority or agency of the EC Member State or EFTA State of establishment in accordance with procedures to be laid down by that authority or agency. (1) EC Member States’ and EFTA States’ competent authorities may supplement point 4 with particulars of the agency responsible for collecting the journey forms and the procedure for forwarding the information. 9. 11. 2000 EN Official Journal of the European Communities L 284/23 ANNEX III Cover page (White paper — A4) To be worded in the official language(s) or one of the official languages of the carrier’s EFTA State of establishment APPLICATION (1): TO START A REGULAR SERVICE ' TO START A SPECIAL REGULAR SERVICE (2) ' TO RENEW AUTHORISATION FOR A SERVICE ' carried out by coach and bus between the States that are either EC Member States or EFTA States in accordance with Regulation (EEC) No 684/92, as adapted for the purposes of the Agreement on the European Economic Area to:. (Competent authority) 1. 2. 3. Surname and first name or trade name of the applicant and, where appropriate, of the managing carrier in the case of an association (pool):. Service(s) carried out (1): by an undertaking ' as member of an association (pool) ' as a subcontractor ' Names and addresses of the carrier, associated carrier(s) or subcontractor(s) (3)(4): 3. 1. 3. 2. 3. 3. 3. 4. tel. tel. tel. tel. (1) Tick or complete as appropriate. (2) Special regular services not covered by a contract between the organiser and the carrier. (3) Indicate in each case whether a member of an association or a subcontractor is concerned. (4) Attach list if applicable. L 284/24 EN Official Journal of the European Communities 9. 11. 2000 (Second page of the application for authorisation or for renewal of authorisation) 4. In the case of a special regular service: 4. 1. Category of passengers:. 5. Duration of authorisation requested or date on which the service ends:. 6. Principal route of service (underline passenger pick-up points):. 7. Period of operation:. 8. Frequency (daily, weekly, etc. ):. 9. Fares:. Annex attached 10. Enclose a driving schedule to permit verification of compliance with the Community legislation, as adapted for the purposes of the Agreement on the European Economic Area, on driving and rest periods. 11. Number of authorisations or of copies of authorisations requested (1):. 12. Any additional information:. 13. (Place and date) (Signature of applicant) (1) The attention of the applicant is drawn to the fact that, since the authorisation has to be kept on board the vehicle, the number of authorisations which the applicant must have should correspond to the number of vehicles needed for carrying out the service requested at the same time. 9. 11. 2000 EN Official Journal of the European Communities L 284/25 (Third page of the application for authorisation or for renewal of authorisation) 1. The following must be attached to the application, as appropriate: Important notice (a) (b) (c) (d) (e) (f) the timetable; fare scales; a certified true copy of the licence for the international carriage of passengers by road for hire or reward provided for in Article 3(a) of Regulation (EEC) No 684/92, as adapted for the purposes of the Agreement on the European Economic Area; information concerning the type and volume of the service that the applicant plans to provide in the case of a new service, or that has been provided in the case of renewal of an authorisation; a map on an appropriate scale on which are marked the route and the stopping points at which passengers are to be taken up or set down; a driving schedule to permit verification of compliance with the Community legislation, as adapted for the purposes of the Agreement on the European Economic Area, on driving and rest periods. 2. 3. Applicants shall provide any additional information in support of their application which they consider relevant or which is requested by the issuing authority. Article 4(4) of Regulation (EEC) No 684/92, as adapted for the purposes of the Agreement on the European Economic Area, states that the following services are subject to authorisation: (a) (b) regular services, services which provide for the carriage of passengers at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points. Regular services shall be open to all, subject, where appropriate, to compulsory reservation. The regular nature of the service shall not be affected by any adjustment to the service operating conditions; special regular services not covered by a contract between the organiser and the carrier. Services, by whomsoever organised, which provide for the carriage of specified categories of passengers to the exclusion of other passengers, in so far as such services are operated under the conditions specified in point 1. 1, shall be deemed to be regular services. Such services are hereinafter called ‘special regular services’. Special regular services shall include: (i) (ii) the carriage of workers between home and work; carriage to and from an educational institution for school pupils and students; (iii) the carriage of soldiers and their families between their State of origin and the area of their barracks. The fact that a special service may be varied according to the needs of users shall not affect its classification as a special regular service. 4. The application shall be made to the competent authority of the EC Member State or EFTA State from which the service departs, namely one of the service termini. 5. The maximum period of validity of the authorisation is five years. L 284/26 EN Official Journal of the European Communities 9. 11. 2000 ANNEX IV (First page of the authorisation) (Pink paper — A4) To be worded in the official language(s) or one of the official languages of the carrier’s EFTA State of establishment ISSUING STATE Competent authority — International distinguishing sign — (1). AUTHORISATION No. for a regular service (2) for non-liberalised special regular service by coach and bus between the States that are either EC Member States or EFTA States in accordance with Regulation (EEC) No 684/92, as adapted for the purposes of the Agreement on the European Economic Area to:. (Surname, first name or trade name of carrier or of managing carrier in the case of an association of undertakings (pool)). Address:. Tel. and fax. Name, address, telephone and fax numbers of associates or members of the association of undertakings (pool) and subcontractors: (1). (2). (3). (4). (5). List attached, if appropriate Expiry date of authorisation:. (Place and date of issue) (Signature and stamp of the issuing authority or agency) (1) Iceland (IS), Liechtenstein (FL), Norway (N). (2) Delete as appropriate. 9. 11. 2000 EN Official Journal of the European Communities L 284/27 (Second page of authorisation No. ) 1. Route: (a) Place of departure of service:. (b) Place of destination of service:. (c) Principal itinerary, with passenger pick-up and set-down points underlined:. 2. Periods of operation:. 3. Frequency:. 4. Timetable:. 5. Special regular service: — Category of passengers:. 6. Other conditions or special points:. (Stamp of authority issuing the authorisation) L 284/28 EN Official Journal of the European Communities 9. 11. 2000 (Third page of the authorisation) To be worded in the official language(s) or one of the official languages of the carrier’s EFTA State of establishment Important notice 1. 2. This authorisation is valid for the entire journey. It may not be used except by a party whose name is indicated thereon. The authorisation or a true copy certified by the issuing authority shall be kept on the vehicle for the duration of the journey and shall be presented to enforcement officials on request. 3. A true certified copy of the licence shall be kept on board the vehicle. 9. 11. 2000 EN Official Journal of the European Communities L 284/29 ANNEX V (First page of the certificate) (Yellow paper — A4) To be worded in the official language(s) or one of the official languages of the carrier’s EFTA State of establishment ISSUING STATE Competent authority — International distinguishing sign — (1). CERTIFICATE issued for own-account transport operations by coach and bus between the States that are either EC Member States or EFTA States on the basis of Regulation (EEC) No 684/92, as adapted for the purposes of the Agreement on the European Economic Area (Part for the person or entity carrying out the own-account transport operations) The undersigned. , responsible for the undertaking, non-profit-making body or other (describe). , (Surname and first name or official name, full address) certifies that: — the transport service provided is non-profit-making and non-commercial, — transport is only an ancillary activity for the person or entity, — the coach or bus registration No. is the property of the person or entity or has been obtained by them on deferred terms or has been the subject of a long-term leasing contract, — the coach or bus will be driven by a member of staff of the undersigned person or entity or by the undersigned in person. (Signature of the person or representative of the entity) (Part for the competent authority) This constitutes a certificate within the meaning of Article 13 of Regulation (EEC) No 684/92, as adapted for the purposes of the Agreement on the European Economic Area. (Period of validity) (Place and date of issue). (Signature and stamp of the competent authority) (1) Iceland (IS), Liechtenstein (FL), Norway (N). L 284/30 EN Official Journal of the European Communities 9. 11. 2000 (Second page of the certificate) To be worded in the official language(s) or one of the official languages of the carrier’s EFTA State of establishment General provisions 1. Article 2(4) of Regulation (EEC) No 684/92, as adapted for the purposes of the Agreement on the European Economic Area, states that ‘own-account transport operations are transport operations carried out for non- commercial and non-profit-making purposes by a natural or legal person provided that: — the transport activity is only an ancillary activity for that natural or legal person, — the vehicles used are the property of that natural or legal person or have been obtained on deferred terms by them or have been the subject of a long-term leasing contract and are driven by a member of the staff of the natural or legal person or by the natural person himself’. 2. Own-account carriers are licensed to carry out this type of transport operation without discrimination on grounds of nationality or place of establishment provided that they: — are authorised in the State of establishment to undertake transport by coach and bus on the conditions of access to the market laid down in national legislation, — meet the requirements on road safety as far as the standards for drivers and vehicles are concerned. 3. 4. 5. The own-account transport operations referred to in point 1 are exempt from authorisation but subject to a system of certificates. The certificate entitles the holder to carry out international transport operations by coach and bus for own- account. It is issued by the competent authority of the EC Member State or EFTA State where the vehicle is registered and is valid for the entire journey, including any transit journeys. The relevant parts of this certificate must be completed in indelible letters in triplicate by the person or the representative of the entity carrying out the operation and by the competent authority. One copy must be kept by the administration and one by the person or entity. The driver must keep the original or a certified true copy on board of the vehicle for the entire duration of any international journeys. It must be presented to the enforcement authorities on request. The person or entity, as appropriate, is responsible for keeping the certificates. 6. The certificate is valid for a maximum of five years. 9. 11. 2000 EN Official Journal of the European Communities L 284/31 ANNEX VI MODEL COMMUNICATION Referred to in Article 7(1) of Council Regulation (EC) No 12/98 of 11 December 1997 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State, as adapted for the purposes of the Agreement on the European Economic Area Cabotage transport operations carried out in. by carriers established in. (year) (name of the EFTA State) (quarter) Host EC Member State or EFTA State Number of passengers Number of passenger — km Type of services Type of services Special regular Occasional Special regular Occasional B DK D GR E F IRL I L NL A P FIN S UK IS FL N Total cabotage’