Regulation (EEC) No 517/72 of the Council of 28 February 1972 on the introduction of common rules for regular and special regular services by coach and bus between Member States

• Published date: 20 March 1972
• Subject Matter: Transport
• Official Gazette Publication: Journal officiel des Communautés européennes, L 67, 20 mars 1972

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Regulation (EEC) No 517/72 of the Council of 28 February 1972 on the introduction of common rules for regular and special regular services by coach and bus between Member States

Official Journal L 067 , 20/03/1972 P. 0019
Danish special edition: Series I Chapter 1972(I) P. 0134
English special edition: Series I Chapter 1972(I) P. 0143
Greek special edition: Chapter 07 Volume 1 P. 0178
Spanish special edition: Chapter 07 Volume 1 P. 0187
Portuguese special edition Chapter 07 Volume 1 P. 0187

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( 1 ) OJ NO 147 , 9 . 8 . 1966 , P . 2688/66 .

( 2 ) OJ NO L 156 , 28 . 6 . 1969 , P . 1 .

REGULATION ( EEC ) NO 517/72 OF THE COUNCIL OF 28 FEBRUARY 1972 ON THE INTRODUCTION OF COMMON RULES FOR REGULAR AND SPECIAL REGULAR 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 7 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 REGULAR AND SPECIAL REGULAR 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 FORESEEABLE DURATION OF TRANSPORT NEEDS AND THE AMORTIZATION OF CAPITAL INVESTED IN TRANSPORT EQUIPMENT ;

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

WHEREAS , IN ORDER TO DEFINE THE GENERAL CONDITIONS GOVERNING THE OPERATION OF REGULAR AND SPECIAL REGULAR SERVICES , IT IS NECESSARY TO DRAW UP STANDARD OPERATING RULES FOR ALL MEMBER STATES ;

WHEREAS , IN SO FAR AS THE ORGANIZATION OF DOMESTIC SERVICES IS NOT THEREBY AFFECTED , AND IN ORDER TO ENCOURAGE A BETTER USE OF RESOURCES , IT SHOULD BE PERMISSIBLE FOR INTERNAL TRANSPORT OPERATIONS TO BE CARRIED OUT IN THE COURSE OF OPERATION OF AN INTERNATIONAL SERVICE ;

WHEREAS , IN ORDER TO ENSURE THE PROPER FUNCTIONING OF SERVICES AT MINIMUM COST TO THE COMMUNITY IN GENERAL , IT IS NECESSARY ON THE ONE HAND TO ADAPT THE SUPPLY OF TRANSPORT TO THE DEMAND THEREFOR ON THE ROUTES TO BE SERVED AND , ON THE OTHER , TO COORDINATE PASSENGER TRANSPORT SERVICES IN THE AREAS CONCERNED IN AN EFFECTIVE MANNER ;

WHEREAS OPPORTUNITIES FOR COOPERATION BETWEEN TRANSPORT UNDERTAKINGS MUST BE PROVIDED , FOR SUCH COOPERATION IS AN EFFECTIVE MEANS OF IMPROVING THE USE OF RESOURCES ;

WHEREAS ADEQUATE PROCEDURES SHOULD BE PROVIDED , ON THE ONE HAND TO ENABLE CARRIERS TO ADJUST THEIR SERVICES TO THE DEVELOPMENT OF THE MARKET AND TO POSSIBLE VARIATIONS IN TRANSPORT NEEDS AND , ON THE OTHER , TO ENABLE THE COMPETENT AUTHORITIES TO VARY THE CONDITIONS SUBJECT TO WHICH A SERVICE IS OPERATED ; WHEREAS , FURTHERMORE , IT IS NECESSARY TO ALLOW CARRIERS TO WITHDRAW SERVICES ;

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 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 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 TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS REGULATION SOME MEANS OF CHECKING MUST BE PROVIDED ; WHEREAS , IN ORDER TO ENABLE THE COMPETENT AUTHORITIES TO FOLLOW THE DEVELOPMENT OF THE MARKET AND TO OBTAIN THE NECESSARY INFORMATION FOR ASSESSMENT OF APPLICATIONS IN RESPECT OF A SERVICE , A STANDARD FORM OF RETURN SHOULD BE PROVIDED FOR , BY MEANS OF WHICH CARRIERS WILL BE REQUIRED TO SUPPLY THE NECESSARY STATISTICAL DATA ;

WHEREAS , IN ORDER TO MEET THE SPECIAL NEEDS TO WHICH SERVICES OPERATING IN FRONTIER ZONES MAY BE SUBJECT , IT IS DESIRABLE THAT MEMBER STATES BE PERMITTED , IN DEROGATION FROM CERTAIN PROVISIONS OF THIS REGULATION , TO APPLY MORE FLEXIBLE RULES THAN THOSE LAID DOWN FOR OTHER SERVICES ;

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 ENSURE THAT THE COMMON RULES ARE IMPLEMENTED IN A UNIFORM MANNER , PROVISION SHOULD BE MADE FOR A PROCEDURE FOR COMMUNITY CONSULTATION IN RESPECT OF THE...