Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | TRAN | KILLILEA Mark ( UFE) | |
Former Responsible Committee | TRAN | KILLILEA Mark ( UFE) | |
Former Committee Opinion | JURI | WIJSENBEEK Florus A. ( ELDR) |
Lead committee dossier:
Legal Basis:
EC before Amsterdam E 075-p1
Legal Basis:
EC before Amsterdam E 075-p1Events
This Communication analyses the implementation of Community regulations on access to international and cabotage markets for passenger transport. In doing so the Commission is fulfilling an obligation to prepare an update on EU legislation as specified in Regulation 11/98 and 12/98. Although not technically part of the scope of this particular provision the Commission has decided to cover two other important subjects related to the development of road passenger transport, namely safety of vehicles and passenger rights.
The document covers firstly, international passenger transport and secondly, cabotage markets for passenger transports.
As far as international passenger transport is concerned the Commission notes that over the last few years Regulation 11/98 has achieved most of the objectives set out. The Community licence, for example, has facilitated checks carried out outside the Member States of establishment and has therefore improved the conditions of access to the international transport market. At the same time, however, the Commission has received a number of complaints concerning the imposition of penalties by the national authorities when checking documents carried on board the vehicle. Given the importance of the Community licences the Commission calls on interested parties to submit their opinion on the following questions: Are the clarifications made by the Commission regarding the interpretation and application of the provisions on the Community licence adequate? Do they meet the concerns of the authorities issuing Community licences and certified true copies, authorised inspecting officers and carriers?
The authorisation of regular services is another area given due consideration. According to the Commission, the authorisation procedure is the only aspect of the Regulation limiting the development of a liberalised market for passenger transport. Consideration should therefore be given to a new step – intermediate or final – towards a more open market for international regular services. Within this context the Commission report proposes three possibilities and again asks on interested parties to offer their views on which would be the most appropriate action for possible revisions. The degree of liberation could be based on three scenarios.
The first - limiting the cases of refusal to grant authorisation provided for in Article 7(4) of Regulation 11/98. If so, which cases of refusal should be amended or even abolished?
The second - restrict cases of refusal to grant authorisation and provide for tacit authorisation by the authorising authority in the absence of a decision within the period of four months following the date of submission of the application by the carrier.
The third – introduce complete liberalisation of international regular services and special regular services still subject to authorisation on the same lines as occasional services. In such a case, which formalities and documents would have to replace those under the current authorisation procedure?
On the second issue of cabotage transport, the Commission report notes that this has not given rise to any problems of interpretation or application. No infringement has been report by the Member States concerning the essential feature of cabotage, namely that services can be provided in the host Member State on a temporary basis only. An analysis of the market indicates that:
- The impact of cabotage on national markets of the Member States is insignificant and constitutes a residual category. The operators are therefore concentrating their activities on their national market.
- Cabotage operations are carried out mainly in the adjacent Member States.
- One of the main reason why non-resident carriers occupy such a small share in the occasional services market in other Member States is that cabotage has to remain a service provided on a temporary basis.
Given the non-problematic nature of the cabotage market, the Commission proposes that there is no need to consider amending the provisions of Regulation 12/98.
Lastly, the report examines the role of road safety in relation with Community legislation. The report argues that the trend in road safety must be continued particularly in the case of coach and bus transport. To this end, the Commission wishes to examine whether it is expedient and feasible to introduce a system of certification for carriers which, going beyond the minimum safety measures laid down by Community and national legislation, observe particularly high standards in terms of road safety. Under future revisions, the Commission proposes guaranteeing high quality services in terms of greater passenger comfort, right to information on fares, contractual terms, treatment of complaints, mechanisms for resolving disputes, vehicles which are better adapted to the needs of persons with reduced mobility etc. The Commission invites all interested parties and in particular carriers and consumer associations to submit their views and suggestions.
The rapporteur had re-tabled the amendments on the need to subordinate access to the market for drivers and vehicles to compliance with the legal requirements on social benefits and road safety. Mr Killilea also insisted that the Commission should submit, before December 1999, a new draft regulation extending the scope of the current proposal. Commissioner Kinnock said that legislation on driving and rest time had already been provided for in the existing text and that, as a result, Amendments Nos 1 and 2 could not be accepted. Likewise, Amendment No 3 could not be accepted as it would not be possible to consider further regulation before the end of 1998 given that the current amendment of Regulation No 684/92 would be adopted only the following October and would only enter into force twelve months after its adoption.
Documents
- Follow-up document: COM(2004)0527
- Follow-up document: EUR-Lex
- Final act published in Official Journal: Regulation 1998/11
- Final act published in Official Journal: OJ L 004 08.01.1998, p. 0001
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex
- Commission opinion on Parliament's position at 2nd reading: COM(1997)0456
- Text adopted by Parliament, 2nd reading: OJ C 286 22.09.1997, p. 0071-0085
- Text adopted by Parliament, 2nd reading: T4-0379/1997
- Decision by Parliament, 2nd reading: T4-0379/1997
- Debate in Parliament: Debate in Parliament
- Committee recommendation tabled for plenary, 2nd reading: A4-0233/1997
- Committee recommendation tabled for plenary, 2nd reading: OJ C 286 22.09.1997, p. 0008
- Committee recommendation tabled for plenary, 2nd reading: A4-0233/1997
- Commission communication on Council's position: EUR-Lex
- Commission communication on Council's position: SEC(1997)0722
- Council position: 05300/1/1997
- Council position: OJ C 164 30.05.1997, p. 0001
- Council position published: 05300/1/1997
- Modified legislative proposal: EUR-Lex
- Modified legislative proposal: OJ C 107 05.04.1997, p. 0003
- Modified legislative proposal: COM(1997)0073
- Modified legislative proposal published: EUR-Lex
- Modified legislative proposal published: COM(1997)0073
- Text adopted by Parliament, 1st reading/single reading: OJ C 380 16.12.1996, p. 0013-0040
- Text adopted by Parliament, 1st reading/single reading: T4-0643/1996
- Decision by Parliament: T4-0643/1996
- Economic and Social Committee: opinion, report: CES1390/1996
- Economic and Social Committee: opinion, report: OJ C 066 03.03.1997, p. 0023
- Debate in Parliament: Debate in Parliament
- Debate in Council: 1951
- Committee report tabled for plenary, 1st reading/single reading: A4-0292/1996
- Committee report tabled for plenary, 1st reading/single reading: OJ C 347 18.11.1996, p. 0004
- Committee report tabled for plenary, 1st reading/single reading: A4-0292/1996
- Legislative proposal: EUR-Lex
- Legislative proposal: COM(1996)0190
- Legislative proposal published: EUR-Lex
- Legislative proposal published: COM(1996)0190
- Legislative proposal: EUR-Lex COM(1996)0190
- Committee report tabled for plenary, 1st reading/single reading: A4-0292/1996 OJ C 347 18.11.1996, p. 0004
- Economic and Social Committee: opinion, report: CES1390/1996 OJ C 066 03.03.1997, p. 0023
- Text adopted by Parliament, 1st reading/single reading: OJ C 380 16.12.1996, p. 0013-0040 T4-0643/1996
- Modified legislative proposal: EUR-Lex OJ C 107 05.04.1997, p. 0003 COM(1997)0073
- Council position: 05300/1/1997 OJ C 164 30.05.1997, p. 0001
- Commission communication on Council's position: EUR-Lex SEC(1997)0722
- Committee recommendation tabled for plenary, 2nd reading: A4-0233/1997 OJ C 286 22.09.1997, p. 0008
- Text adopted by Parliament, 2nd reading: OJ C 286 22.09.1997, p. 0071-0085 T4-0379/1997
- Commission opinion on Parliament's position at 2nd reading: EUR-Lex COM(1997)0456
- Follow-up document: COM(2004)0527 EUR-Lex
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