Council Decision (EU) 2016/1146 of 27 June 2016 on the position to be adopted, on behalf of the European Union, within the Joint Committee established under the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement), as regards draft Decision No 1/2016 of that Committee (Text with EEA relevance)

Published date14 July 2016
Subject MatterTransport
Official Gazette PublicationOfficial Journal of the European Union, L 189, 14 July 2016
L_2016189EN.01004801.xml
14.7.2016 EN Official Journal of the European Union L 189/48

COUNCIL DECISION (EU) 2016/1146

of 27 June 2016

on the position to be adopted, on behalf of the European Union, within the Joint Committee established under the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement), as regards draft Decision No 1/2016 of that Committee

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) (1) (the ‘Agreement’) entered into force on 1 January 2003.
(2) In accordance with point (b) of Article 24(2) of the Agreement, the Joint Committee amends or adapts the control documents and other models of documents established in the Annexes to the Agreement. In order to incorporate future measures taken within the Union, and in accordance with point (c) of Article 24(2) of the Agreement, the Joint Committee amends or adapts the Annexes concerning technical standards applying to buses and coaches, as well as Annex 1 regarding the conditions applying to road passenger transport operators. In accordance with point (e) of Article 24(2) of the Agreement, the Joint Committee also amends or adapts the requirements concerning the social provisions. To this end the Joint Committee should act when the Agreement needs to be updated to take account of technical and legislative progress.
(3) The last update of Union legislation in the Agreement, which was introduced by Decision No 1/2011 of the Joint Committee (2), takes into account Union acts adopted until the end of 2009. It is now appropriate to incorporate new measures that the Union has adopted since then.
(4) Recommendation No 1/2011 of the Joint Committee (3) sets out a technical report used for roadside checks of coaches and buses. It has become outdated and should therefore be repealed.
(5) It is appropriate to establish the position to be adopted on the Union's behalf within the Joint Committee as regards draft Decision No 1/2016 of that Committee.
(6) The position of the Union within the Joint Committee should therefore be based on the attached draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted on behalf of the European Union within the Joint Committee set up under Article 23 of the Agreement on the occasional carriage of passengers by coach and bus (Interbus Agreement) shall be based on the draft Decision of the Joint Committee attached to this Decision.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 27 June 2016.

For the Council

The President

M. VAN DAM


(1) OJ L 321, 26.11.2002, p. 13.

(2) Decision No 1/2011 of the Joint Committee established under the Interbus Agreement on the international occasional carriage of passengers by coach and bus of 11 November 2011 adopting its rules of procedure and adapting Annex 1 to the Agreement regarding the conditions applying to road passenger transport operators, Annex 2 to the Agreement concerning the technical standards applying to buses and coaches and the requirements concerning the social provisions referred to in Article 8 of the Agreement (2012/25/EU) (OJ L 8, 12.1.2012, p. 38).

(3) Recommendation No 1/2011 of the Joint Committee set up under the Interbus Agreement on the international occasional carriage of passengers by coach and bus of 11 November 2011 concerning the use of a technical report for coaches and buses with a view to facilitating the monitoring of the provisions of Articles 1 and 2 of Annex 2 to the Agreement (OJ L 8, 12.1.2012, p. 46).


ANNEX

DRAFT

DECISION No 1/2016 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON THE INTERNATIONAL OCCASIONAL CARRIAGE OF PASSENGERS BY COACH AND BUS (INTERBUS AGREEMENT)

of …

adapting Article 8 of the Agreement and Annexes 1, 2, 3 and 5 to the Agreement, and repealing Recommendation No 1/2011

THE JOINT COMMITTEE,

Having regard to the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) (1), and in particular Article 24 thereof,

Whereas:

(1) Article 23 of the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) (the ‘Agreement’) establishes a Joint Committee in order to facilitate the management of the Agreement (the ‘Joint Committee’).
(2) In accordance with point (b) of Article 24(2) of the Agreement, the Joint Committee amends or adapts the control documents and other models of documents established in the Annexes to the Agreement. In order to incorporate future measures taken within the Union, and in accordance with point (c) of Article 24(2) of the Agreement, the Joint Committee amends or adapts the Annexes concerning technical standards applying to buses and coaches, as well as Annex 1 regarding the conditions applying to road passenger transport operators. In accordance with point (e) of Article 24(2) of the Agreement, the Joint Committee also amends or adapts the requirements concerning the social provisions. To this end the Joint Committee should act when the Agreement needs to be updated to take account of technical and legislative progress.
(3) The last update of Union legislation in the Agreement, which was introduced by Decision No 1/2011 of the Joint Committee (2), takes into account Union acts adopted until the end of 2009. It is now appropriate to incorporate new measures that the Union has adopted since then.
(4) Recommendation No 1/2011 of the Joint Committee (3) sets out a technical report used for roadside checks of coaches and buses. It has become outdated and should therefore be repealed,

HAS ADOPTED THIS DECISION:

Article 1

The requirements concerning the social provisions referred to in Article 8 of the Agreement, the conditions applying to road passenger transport operators set out in Annex 1 to the Agreement, the technical standards applying to buses and coaches set out in Annex 2 to the Agreement, the Model of control document for occasional services exempted from authorisation set out in Annex 3 to the Agreement, the Model of authorisation for non-liberalised occasional services set out in Annex 5 to the Agreement and the Model of declaration to be made by Interbus Parties concerning Article 4 and Annex 1 are adapted in accordance with the Annex to this Decision.

Article 2

Recommendation No 1/2011 of the Joint Committee is repealed.

Article 3

This Decision shall enter into force on ….

Done at Brussels, ….

For the Joint Committee

The Chairman

The Secretary


(1) OJ L 321, 26.11.2002, p. 13.

(2) Decision No 1/2011 of the Joint Committee established under the Interbus Agreement on the international occasional carriage of passengers by coach and bus of 11 November 2011 adopting its rules of procedure and adapting Annex 1 to the Agreement regarding the conditions applying to road passenger transport operators, Annex 2 to the Agreement concerning the technical standards applying to buses and coaches and the requirements concerning the social provisions referred to in Article 8 of the Agreement (2012/25/EU) (OJ L 8, 12.1.2012, p. 38).

(3) Recommendation No 1/2011 of the Joint Committee set up under the Interbus Agreement on the international occasional carriage of passengers by coach and bus of 11 November 2011 concerning the use of a technical report for coaches and buses with a view to facilitating the monitoring of the provisions of Articles 1 and 2 of Annex 2 to the Agreement (OJ L 8, 12.1.2012, p. 46).

Annex to the Annex

Adaptation of Article 8 regarding social provisions, Annex 1 regarding the conditions applying to road passenger transport operators, Annex 2 regarding the technical standards applying to buses and coaches, Annex 3 regarding the Model of control document for occasional services exempted from authorisation, Annex 5 regarding the Model of authorisation for non-liberalised occasional services as well as the Model of declaration to be made by Interbus Parties concerning Article 4 and Annex 1 (1)

(1) In Article 8 of the Agreement, the list of Union acts is amended as follows:
(a) the reference to Council Regulation (EEC) No 3821/85 is replaced by the following:
‘— Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ L 370, 31.12.1985, p. 8), as last amended by Commission Regulation (EU) No 1161/2014 of 30 October 2014 (OJ L 311, 31.10.2014, p. 19), which shall apply until Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 (OJ L 60, 28.2.2014, p. 1) becomes applicable. Instead of Regulation (EEC) No 3821/85, equivalent rules established by the AETR Agreement including its Protocols may be applied,’;
(b) the following Union act is added:
‘— Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1), which shall apply from the date the implementing acts referred to in Article 46 thereof become applicable. Instead of Regulation (EU) No 165/2014, equivalent rules established by the AETR Agreement including its Protocols may
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