Regulation (EEC) No 516/72 of the Council of 28 February 1972 on the introduction of common rules for shuttle services by coach and bus between Member States

Coming into Force09 April 1972,01 January 1973
End of Effective Date01 June 1992
Celex Number31972R0516
Date28 February 1972
ELIhttp://data.europa.eu/eli/reg/1972/516/oj
Published date20 March 1972
Official Gazette PublicationJournal officiel des Communautés européennes, L 67, 20 mars 1972,Gazzetta ufficiale delle Comunità europee, L 67, 20 marzo 1972
EUR-Lex - 31972R0516 - EN

Regulation (EEC) No 516/72 of the Council of 28 February 1972 on the introduction of common rules for shuttle services by coach and bus between Member States

Official Journal L 067 , 20/03/1972 P. 0013
Danish special edition: Series I Chapter 1972(I) P. 0129
English special edition: Series I Chapter 1972(I) P. 0137
Greek special edition: Chapter 07 Volume 1 P. 0172
Spanish special edition: Chapter 07 Volume 1 P. 0182
Portuguese special edition Chapter 07 Volume 1 P. 0182


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( 1 ) OJ NO 147 , 8 . 8 . 1966 , P . 2688/66 .

REGULATION ( EEC ) NO 516/72 OF THE COUNCIL OF 28 FEBRUARY 1972 ON THE INTRODUCTION OF COMMON RULES FOR SHUTTLE SERVICES BY COACH AND BUS BETWEEN MEMBER STATES

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 75 THEREOF ;

HAVING REGARD TO COUNCIL REGULATION NO 117/66/EEC ( 1 ) OF 28 JULY 1966 ON THE INTRODUCTION OF COMMON RULES FOR THE INTERNATIONAL CARRIAGE OF PASSENGERS BY COACH AND BUS , AND IN PARTICULAR ARTICLE 8 THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ;

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ;

WHEREAS IT IS NECESSARY THAT SHUTTLE SERVICES BE MADE SUBJECT TO A SYSTEM OF AUTHORIZATION , IN ORDER THAT AN EFFECTIVE CHECK MAY BE KEPT ON COMPLIANCE WITH THE OBLIGATIONS DEVOLVING ON CARRIERS PURSUANT TO THIS REGULATION ; WHEREAS THE PERIOD OF VALIDITY OF AUTHORIZATIONS SHOULD BE FIXED TAKING INTO ACCOUNT THE SEASONAL NATURE OF THE TYPE OF SERVICE IN QUESTION ;

WHEREAS , IN ORDER TO MAKE IT EASIER TO CARRY OUT CHECKS AND TO SIMPLIFY ADMINISTRATIVE FORMALITIES , PROVISION SHOULD BE MADE FOR A STANDARD FORM OF AUTHORIZATION , VALID FOR THE ENTIRE ROUTE COVERED BY THE SERVICE ;

WHEREAS IT IS DESIRABLE THAT THE INTRODUCTION OF ANY SHUTTLE SERVICE BE SUBJECT TO AN EXAMINATION WHEREBY THE AUTHORITIES MAY ESTABLISH THAT THE REQUIREMENT IS SATISFIED THAT THE NORMAL FUNCTIONING OF REGULAR SERVICES SHOULD NOT BE AFFECTED ; WHEREAS SUCH AN EXAMINATION IS , HOWEVER , UNNECESSARY IN RESPECT OF SHUTTLE SERVICES WHICH INCLUDE , OVER AND ABOVE THE PROVISION OF TRANSPORT , THE OVERNIGHT ACCOMMODATION OF PASSENGERS , WHETHER WITH OR WITHOUT MEALS , SUCH INCLUSIVE SERVICE NOT BEING COMPARABLE WITH THE SERVICE OFFERED BY REGULAR ROAD OR RAIL SERVICES ;

WHEREAS , IN THE INTEREST OF TRANSPORT USERS AND IN PARTICULAR IN ORDER TO ENSURE THAT SERVICES ARE PROPERLY OPERATED , THE COMPETENT AUTHORITY SHOULD HAVE THE POWER TO EXCLUDE APPLICANTS WHO ARE CLEARLY NOT CAPABLE OF RUNNING A SHUTTLE SERVICE ;

WHEREAS THE CONDITIONS GOVERNING THE GRANTING OF EXEMPTIONS FROM CERTAIN PROVISIONS DEFINING THE SCOPE OF SHUTTLE SERVICES MUST BE LAID DOWN HAVING REGARD TO THE REQUIREMENTS OF THE CUSTOMERS , BUT NOT SO AS TO AFFECT THE ESSENTIAL CHARACTER OF THIS TYPE OF TRANSPORT ; WHEREAS THE DEGREE OF EXEMPTION WHICH MAY BE GRANTED SHOULD BE VARIED ACCORDING TO THE EFFECT OF EACH TYPE OF SHUTTLE SERVICE UPON THE STATE OF THE PASSENGER TRANSPORT MARKET IN THE AREAS CONCERNED ;

WHEREAS , IN ORDER TO FACILITATE THE APPLICATION OF THE RELEVANT PROVISIONS OF THIS REGULATION , COMMON RULES SHOULD BE LAID DOWN IN RESPECT OF THE PROCEDURE FOR DRAWING UP AND ISSUING AUTHORIZATIONS ; WHEREAS FOR THIS PURPOSE A STANDARD FORM OF APPLICATION SHOULD BE PRESCRIBED ;

WHEREAS IN VIEW OF THE SEASONAL CHARACTER OF SHUTTLE SERVICES AND OF THE NEED TO SATISFY THE OFTEN UNFORESEEABLE REQUIREMENTS OF CUSTOMERS IT IS IMPERATIVE THAT THE COMPETENT AUTHORITIES SHOULD DECIDE PROMPTLY ON APPLICATIONS FOR THE INTRODUCTION OF SUCH SERVICES ; WHEREAS A PROCEDURE BASED ON DIRECT AGREEMENTS BETWEEN THE MEMBER STATES CONCERNED APPEARS TO BE THE MOST APPROPRIATE FOR MEETING THIS REQUIREMENT ;

WHEREAS COMMUNITY PROCEDURES SHOULD BE PROVIDED FOR WHEREBY DIFFICULTIES ARISING DURING NEGOTIATIONS BETWEEN MEMBER STATES MAY BE RESOLVED ; WHEREAS TO THIS END THE COMMISSION AND , WHERE NECESSARY , THE COUNCIL , SHOULD BE GIVEN POWER OF DECISION IN THE MATTER ;

WHEREAS TRANSITIONAL MEASURES MUST BE PROVIDED FOR TO COVER THE PERIOD OF VALIDITY OF AUTHORIZATIONS ISSUED BEFORE THE ENTRY INTO FORCE OF THIS REGULATION ;

WHEREAS , IN ORDER TO MAKE THE COMMON RULES LAID DOWN BY THIS REGULATION MORE FLEXIBLE , THE MEMBER STATES SHOULD BE GIVEN THE POWER TO WAIVE , ON A BILATERAL OR MULTILATERAL BASIS , THE REQUIREMENTS OF CERTAIN PROVISIONS OF THIS REGULATION ;

WHEREAS CARRIERS MUST BE GIVEN THE OPPORTUNITY TO MAKE REPRESENTATIONS CONCERNING THEIR INTERESTS , BY APPROPRIATE MEANS , IN RELATION TO CERTAIN DECISIONS BY MEMBER STATES ON APPLICATIONS ;

WHEREAS , IN ORDER TO ENSURE THAT THE COMMON RULES ARE IMPLEMENTED IN A UNIFORM MANNER , PROVISION SHOULD BE...

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