Avis juridique important

Council Regulation (EEC) No 1301/78 of 12 June 1978 amending Regulation (EEC) No 517/72 on the introduction of common rules for regular and special regular services by coach and bus between Member States Official Journal L 158 , 16/06/1978 P. 0001 - 0002 Greek special edition: Chapter 07 Volume 1 P. 0063 Spanish special edition: Chapter 07 Volume 2 P. 0105 Portuguese special edition Chapter 07 Volume 2 P. 0105

**** ( 1 ) OJ NO C 63 , 13 . 3 . 1978 , P . 13 . ( 2 ) OJ NO C 101 , 26 . 4 . 1978 , P . 20 . ( 3 ) OJ NO L 67 , 20 . 3 . 1972 , P . 19 . ( 4 ) OJ NO L 358 , 31 . 12 . 1977 , P . 1 . COUNCIL REGULATION ( EEC ) NO 1301/78 OF 12 JUNE 1978 AMENDING REGULATION ( EEC ) NO 517/72 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 THE PROPOSAL FROM THE COMMISSION , HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ), HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ), WHEREAS IT IS NECESSARY TO SIMPLIFY THE PROCEDURE LAID DOWN IN ARTICLE 12 ( 4 ) OF COUNCIL REGULATION ( EEC ) NO 517/72 OF 28 FEBRUARY 1972 ON THE INTRODUCTION OF COMMON RULES FOR REGULAR AND SPECIAL REGULAR SERVICES BY COACH AND BUS BETWEEN MEMBER STATES ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3022/77 ( 4 ), BY REMOVING THE OBLIGATION TO SEND TO THE COMMISSION COPIES OF THE APPLICATIONS AND NOTIFICATIONS REFERRED TO IN ARTICLE 12 ( 3 ); WHEREAS THIS OBLIGATION IS EVEN LESS NECESSARY SINCE , UNDER ARTICLE 16 ( 3 ), THE COMMISSION ALSO RECEIVES COPIES OF THE DECISIONS TAKEN BY THE MEMBER STATE TO WHICH THE APPLICATIONS ARE MADE ; WHEREAS THE ABOVE REGULATION HAS NOT SUBSTANTIALLY CHANGED THE ECONOMIC SITUATION OF THE MARKET IN REGULAR SERVICES AND SPECIAL REGULAR SERVICES ; WHEREAS THE ANNUAL REPORT ON THE IMPLEMENTATION OF THE SAID REGULATION MAY ACCORDINGLY BE REPLACED BY A TRIENNIAL REPORT ; WHEREAS , IN ORDER TO SET UP REGULAR SERVICES OR SPECIAL REGULAR SERVICES TO MEET URGENT TRANSPORT REQUIREMENTS , MEMBER STATES SHOULD HAVE THE POWER TO AGREE AMONG THEMSELVES TO ISSUE PROVISIONAL AUTHORIZATIONS WITHOUT WAITING FOR THE NORMAL PROCEDURE TO BE COMPLETED AND WITHOUT PREJUDICE TO THE FINAL DECISION , HAS ADOPTED THIS REGULATION : SOLE ARTICLE REGULATION ( EEC ) NO 517/72 IS AMENDED AS FOLLOWS : ( A ) ARTICLE 12 ( 4 ) SHALL BE REPLACED BY THE FOLLOWING : ' 4 . THE MEMBER STATE REFERRED TO IN PARAGRAPH 2 SHALL FORWARD TO THE MEMBER STATES OVER WHOSE TERRITORIES THE SERVICE CONCERNED IS TO PASS A COPY OF EACH APPLICATION AND NOTIFICATION REFERRED TO IN THAT PARAGRAPH , TOGETHER WITH COPIES OF THE DOCUMENTS ATTACHED IN ACCORDANCE WITH PARAGRAPH 3 . ' ; ( B ) IN ARTICLE 15 , THE WORDS ' EACH YEAR ' SHALL READ ' EVERY THREE YEARS ' ; ( C ) THE FOLLOWING ARTICLE SHALL BE INSERTED AFTER ARTICLE 16 : ' ARTICLE 16A 1 . THE MEMBER STATE REFERRED TO IN ARTICLE 12 ( 2 ) MAY , AFTER REACHING AGREEMENT WITH THE OTHER MEMBER STATES CONCERNED , ISSUE A PROVISIONAL AUTHORIZATION : - WHEN THE IMMEDIATE CREATION OF A REGULAR SERVICE OR SPECIAL REGULAR SERVICE IS ESSENTIAL BECAUSE OF UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE AND WHERE TRANSPORT REQUIREMENTS CANNOT BE MET BY EXISTING SERVICES , OR - WHEN A DECISION ON AN APPLICATION FOR RENEWAL OF AN AUTHORIZATION OF A SERVICE CANNOT BE TAKEN BEFORE THE AUTHORIZATION EXPIRES , IN PARTICULAR BECAUSE OF OBJECTIONS MADE BY OTHER INTERESTED CARRIERS . 2 . THE PROVISIONAL AUTHORIZATION SHALL NOT PREJUDICE THE DECISION TO BE TAKEN ON THE APPLICATION IN QUESTION PURSUANT TO ARTICLE 16 . 3 . THE VALIDITY OF THE PROVISIONAL AUTHORIZATION MAY NOT EXCEED THREE MONTHS . IT MAY , HOWEVER , BE RENEWED UNDER THE SAME CONDITIONS FOR A SINGLE PERIOD NOT EXCEEDING THREE MONTHS . IF , AFTER THE EXPIRY OF THESE PERIODS , NO POSITIVE DECISION HAS BEEN TAKEN UNDER THE PROCEDURE REFERRED TO IN ARTICLES 12 ( 4 ), 13 , 14 AND 16 , THE SERVICE PROVIDED FOR IN PARAGRAPH 1 MAY NO LONGER BE OPERATED . 4 . THE MEMBER STATE REFERRED TO IN ARTICLE 12 ( 2 ) SHALL FORWARD A COPY OF THE PROVISIONAL AUTHORIZATION TO THE OTHER MEMBER STATES CONCERNED . ' ; ( D ) THE FIRST INDENT IN ARTICLE 17 ( 1 ) SHALL BE REPLACED BY THE FOLLOWING : ' - THE AUTHORIZATIONS REFERRED TO IN ARTICLES 3 OR 16A OR A CERTIFIED COPY THEREOF , AND ' . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT LUXEMBOURG , 12 JUNE 1978 . FOR THE COUNCIL THE PRESIDENT K . OLESEN

****

( 1 ) OJ NO C 63 , 13 . 3 . 1978 , P . 13 .

( 2 ) OJ NO C 101 , 26 . 4 . 1978 , P . 20 .

( 3 ) OJ NO L 67 , 20 . 3 . 1972 , P . 19 .

( 4 ) OJ NO L 358 , 31 . 12 . 1977 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 1301/78

OF 12 JUNE 1978

AMENDING REGULATION ( EEC ) NO 517/72 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 THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),

WHEREAS IT IS NECESSARY TO SIMPLIFY THE PROCEDURE LAID DOWN IN ARTICLE 12 ( 4 ) OF COUNCIL REGULATION ( EEC ) NO 517/72 OF 28 FEBRUARY 1972 ON THE INTRODUCTION OF COMMON RULES FOR REGULAR AND SPECIAL REGULAR SERVICES BY COACH AND BUS BETWEEN MEMBER STATES ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3022/77 ( 4 ), BY REMOVING THE OBLIGATION TO SEND TO THE COMMISSION COPIES OF THE APPLICATIONS AND NOTIFICATIONS REFERRED TO IN ARTICLE 12 ( 3 ); WHEREAS THIS OBLIGATION IS EVEN LESS NECESSARY SINCE , UNDER ARTICLE 16 ( 3 ), THE COMMISSION ALSO RECEIVES COPIES OF THE DECISIONS TAKEN BY THE MEMBER STATE TO WHICH THE APPLICATIONS ARE MADE ;

WHEREAS THE ABOVE REGULATION HAS NOT SUBSTANTIALLY CHANGED THE ECONOMIC SITUATION OF THE MARKET IN REGULAR SERVICES AND SPECIAL REGULAR SERVICES ; WHEREAS THE ANNUAL REPORT ON THE IMPLEMENTATION OF THE SAID REGULATION MAY ACCORDINGLY BE REPLACED BY A TRIENNIAL REPORT ;

WHEREAS , IN ORDER TO SET UP REGULAR SERVICES OR SPECIAL REGULAR SERVICES TO MEET URGENT TRANSPORT REQUIREMENTS , MEMBER STATES SHOULD HAVE THE POWER TO AGREE AMONG THEMSELVES TO ISSUE PROVISIONAL AUTHORIZATIONS WITHOUT WAITING FOR THE NORMAL PROCEDURE TO BE COMPLETED AND WITHOUT PREJUDICE TO THE FINAL DECISION ,

HAS ADOPTED THIS REGULATION :

SOLE ARTICLE

REGULATION ( EEC ) NO 517/72 IS AMENDED AS FOLLOWS :

( A ) ARTICLE 12 ( 4 ) SHALL BE REPLACED BY THE FOLLOWING :

' 4 . THE MEMBER STATE REFERRED TO IN PARAGRAPH 2 SHALL FORWARD TO THE MEMBER STATES OVER WHOSE TERRITORIES THE SERVICE CONCERNED IS TO PASS A COPY OF EACH APPLICATION AND NOTIFICATION REFERRED TO IN THAT PARAGRAPH , TOGETHER WITH COPIES OF THE DOCUMENTS ATTACHED IN ACCORDANCE WITH PARAGRAPH 3 . ' ;

( B ) IN ARTICLE 15 , THE WORDS ' EACH YEAR ' SHALL READ ' EVERY THREE YEARS ' ;

( C ) THE FOLLOWING ARTICLE SHALL BE INSERTED AFTER ARTICLE 16 :

' ARTICLE 16A

1 . THE MEMBER STATE REFERRED TO IN ARTICLE 12 ( 2 ) MAY , AFTER REACHING AGREEMENT WITH THE OTHER MEMBER STATES CONCERNED , ISSUE A PROVISIONAL AUTHORIZATION :

- WHEN THE IMMEDIATE CREATION OF A REGULAR SERVICE OR SPECIAL REGULAR SERVICE IS ESSENTIAL BECAUSE OF UNFORESEEABLE CIRCUMSTANCES OR FORCE MAJEURE AND WHERE TRANSPORT REQUIREMENTS CANNOT BE MET BY EXISTING SERVICES , OR

- WHEN A DECISION ON AN APPLICATION FOR RENEWAL OF AN AUTHORIZATION OF A SERVICE CANNOT BE TAKEN BEFORE THE AUTHORIZATION EXPIRES , IN PARTICULAR BECAUSE OF OBJECTIONS MADE BY OTHER INTERESTED CARRIERS .

2 . THE PROVISIONAL AUTHORIZATION SHALL NOT PREJUDICE THE DECISION TO BE TAKEN ON THE APPLICATION IN QUESTION PURSUANT TO ARTICLE 16 .

3 . THE VALIDITY OF THE PROVISIONAL AUTHORIZATION MAY NOT EXCEED THREE MONTHS . IT MAY , HOWEVER , BE RENEWED UNDER THE SAME CONDITIONS FOR A SINGLE PERIOD NOT EXCEEDING THREE MONTHS . IF , AFTER THE EXPIRY OF THESE PERIODS , NO POSITIVE DECISION HAS BEEN TAKEN UNDER THE PROCEDURE REFERRED TO IN ARTICLES 12 ( 4 ), 13 , 14 AND 16 , THE SERVICE PROVIDED FOR IN PARAGRAPH 1 MAY NO LONGER BE OPERATED .

4 . THE MEMBER STATE REFERRED TO IN ARTICLE 12 ( 2 ) SHALL FORWARD A COPY OF THE PROVISIONAL AUTHORIZATION TO THE OTHER MEMBER STATES CONCERNED . ' ;

( D ) THE FIRST INDENT IN ARTICLE 17 ( 1 ) SHALL BE REPLACED BY THE FOLLOWING :

' - THE AUTHORIZATIONS REFERRED TO IN ARTICLES 3 OR 16A OR A CERTIFIED COPY THEREOF , AND ' .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT LUXEMBOURG , 12 JUNE 1978 .

FOR THE COUNCIL

THE PRESIDENT

K . OLESEN