Proposal for a Council Decision on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XIII (Transport)

Proposal for a Council Decision on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XIII (Transport) - Hoofdinhoud

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1. Tekst

COUNCIL OFBrussels, 14 February 2012

THE EUROPEAN UNION

6468/12

Interinstitutional File:

2012/0009 (NLE)

EEE 8 TRANS 43 CH 6 MI 93 AELE 8

N 3 ISL 3 FL 6

PROPOSAL

from:

European Commission

dated: 13 February 2012

No Cion doc.: COM(2012) 43 final

Subject: Proposal for a Council Decision on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XIII (Transport)

Delegations will find attached a proposal from the Commission, submitted under a covering letter from Mr Jordi AYET PUIGARNAU, Director, to Mr Uwe CORSEPIUS, Secretary-General of the Council of the European Union.

EUROPEAN COMMISSION

Brussels, 10.2.2012 COM(2012) 43 final

2012/0009 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken by the European Union in the EEA Joint Committee

concerning an amendment to Annex XIII (Transport)

EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

In order to ensure the requisite legal security and homogeneity of the Internal Market, the EEA Joint Committee is to integrate all the relevant Union legislation into the EEA Agreement as soon as possible after its adoption.

2. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND

IMPACT ASSESSMENTS

The draft Decision of the EEA Joint Committee (annexed to the proposed Council Decision) aims to amend Annex XIII (transport) by adding new Union acquis in this field. This concerns

(a) Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator,

(b) Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (recast), and

(c) Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services.

which are to be incorporated into the Agreement.

For the purpose of the implementation of these acts, certain adaptations are proposed e.g. concerning mutual recognition of certificates and licences and model forms are annexed to the draft EEA Joint Committee Decision.

2012/0009 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken by the European Union in the EEA Joint Committee

concerning an amendment to Annex XIII (Transport)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 91(1) and 218 (9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Annex XIII to the Agreement on the European Economic Area, ("the EEA Agreement") contains specific provisions and arrangements concerning transport.

(2) Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC

1 should be incorporated into the Agreement.

(3) Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (recast)

2 should be incorporated into the Agreement.

Agreement, are repealed by Regulation (EC) No 1072/2009 while they should continue to apply until and consequently be repealed under the Agreement with effect from 4 December 2011, when Regulation (EC) No 1072/2009 will become fully applicable.

(7) Council Regulations (EEC) No 684/928 and (EC) No 12/989, which are incorporated

into the Agreement, are repealed by Regulation (EC) No 1073/2009 while they should continue to apply until and consequently be repealed under the Agreement with effect from 4 December 2011, when Regulation (EC) No 1073/2009 will become fully applicable,

(8) Annex XIII to the EEA Agreement should therefore be amended accordingly.

(9) The position of the Union within the EEA Joint Committee should be based on the attached draft Decision

HAS ADOPTED THIS DECISION:

Article1

The position to be taken by the Union within the EEA Joint Committee on the proposed amendment to Annex XIII to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.

Article 2

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

Done at Brussels,

ANNEX

Draft

DECISION OF THE EEA JOINT COMMITTEE

amending Annex XIII (Transport) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as `the Agreement', and in particular Article 98 thereof,

Whereas:

(10) Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee

No .../... of ...

(11) Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC

2 is to be incorporated into the Agreement.

(12) Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (recast)

3 is to be incorporated into the Agreement.

(13) Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006

(16) Council Regulations (EEC) No 684/929 and (EC) No 12/9810, which are incorporated

HAS ADOPTED THIS DECISION:

Article 1

Annex XIII to the Agreement shall be amended as follows:

1.

The following point shall be inserted after point 19 (Council Directive 96/26/EC):

`19a. 32009 R 1071: Regulation (EC) No 1071/2009 of the European Parliament and

of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

(a) In Article 7(1), regarding the EFTA States the words "in the currencies of Member States which do not participate in the third stage of the economic and monetary union" shall be read "in the currencies of the EFTA States" and the words "published in the Official Journal of the European Union " shall read "published officially in each EFTA State".

(e) In Annex I, the reference to Council Decision 85/368/EEC shall be replaced by a reference to Recommendation 2008/C 111/01 of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning.'

2.

The following shall be added in point 24e (Regulation (EC) No 561/2006 of the European Parliament and of the Council):

`, as amended by:

-

32009 R 1073: Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 (OJ L 300, 14.11.2009, p. 88).

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:

Paragraph 6a of Article 8 shall apply to drivers engaged in a single occasional coach driving in the territory of Iceland.'

3.

The following point shall be inserted after point 25 (Directive 2006/94/EC of the European Parliament and of the Council):

`25a. 32009 R 1072: Regulation (EC) No 1072/2009 of the European Parliament and

of the Council of 21 October 2009 on common rules for access to the international road haulage market (recast) (OJ L 300, 14.11.2009, p. 72).

The transitional arrangements set out in the Annexes to the Act of Accession of 25 April 2005 or, as the case may be, to the Protocol of Accession of 25 April 2005 for Bulgaria (Annex VI, Chapter 5, point 1) and Romania (Annex VII, Chapter 6, point 1) concerning Council Regulation (EEC) No 3118/93 shall apply mutatis mutandis.

With regard to the safeguard mechanisms contained in the transitional arrangements referred to in the previous paragraph, PROTOCOL 44 ON SAFEGUARD MECHANISMS PURSUANT TO ENLARGEMENTS OF THE EUROPEAN ECONOMIC AREA shall apply.

Contracting Party by hauliers established in another Contracting Party, provided the principle of non-discrimination between Community hauliers and hauliers from an EFTA State is respected."

(d) The EFTA States shall recognise the Community licences and driver attestations issued by the EU Member States in accordance with the Regulation. For the purposes of such recognition, in the General Provisions of the Community licence, set out in Annex II to this Regulation, and of the driver attestation, set out in Annex III to this Regulation, references to "Community" shall read "Community and Iceland, Liechtenstein and Norway" and references to "Member States" shall read "EU Member State(s) and (or) Iceland, Liechtenstein and Norway."

(e) The Community and the EU Member States shall recognise the licences and driver attestations issued by an EFTA State in accordance with this Regulation, as adapted in part b) of Annexes II and III in Appendix 2 to the present Annex.

(f) When issued by an EFTA State, the licences and driver attestations shall correspond to the models set out in Appendix 2 to the present Annex.

(g) In Article 5(1)(b) and 5(2), the words "within the meaning of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents" and "within the meaning of Directive 2003/109/EC" shall not apply.

(h) The text of Article 9(1)(e) shall be replaced by the following:

"VAT (value added tax) or turnover tax on transport services."

(i) In situations referred to in Article 10:

If any of the Contracting Parties concerned considers that the safeguard measures would create an imbalance between the rights and obligations of the Contracting Parties, Article 114 of the Agreement shall apply mutatis mutandis.'

4.

The following point shall be inserted after point 32 (Council Regulation (EEC) No

684/92):

`32a. 32009 R 1073: Regulation (EC) No 1073/2009 of the European Parliament and

of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC)

No 561/2006 (OJ L 300, 14.11.2009, p. 88).

The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

(a) Article 1(2) shall be replaced by the following:

"In the event of carriage from a Contracting Party to a third country and vice versa, this Regulation shall not apply to that part of any journey carried out within the territory of the Contracting Party of picking up or setting down, unless otherwise agreed by the Contracting Parties."

(b) Article 1(3) shall not apply.

(c) The EFTA States shall recognise the Community licence issued by the EU Member States in accordance with the Regulation. For the purposes of such recognition, in the provisions of the Community licence set out in Annex II to the Regulation, references to "Member State(s)" shall read "EU Member State(s), Iceland, Liechtenstein and/or Norway."

(d) The Community and the EU Member States shall recognise the licences issued by Iceland, Liechtenstein and Norway in accordance with the Regulation as adapted in Appendix 4 to this Annex.

Article 3

The texts of Regulations (EC) Nos 1071/2009, 1072/2009 and 1073/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union , shall be authentic.

Article 4

This Decision shall enter into force on , provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee

Article 5

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the

Official Journal of the European Union .

Done at Brussels, .

For the EEA Joint Committee -

The President - - - -

The Secretaries -

to the EEA Joint Committee

ANNEX

to Decision of the EEA Joint Committee o

Appendices 2, 4 and 7 to Annex XIII to the Agreement shall be amended as follows:

1.

Appendix 2 to Annex XIII to the Agreement shall be replaced by the following:

`APPE DIX 2

DOCUMENTS SET OUT IN THE ANNEX TO REGULATION (EC) NO 1072/2009 OF

THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, AS ADAPTED FOR

THE PURPOSES OF THE EEA AGREEMENT

(see adaptation (f) in point 25 of Annex XIII to the Agreement)

A EX II

EUROPEAN ECONOMIC AREA

(a)

(Colour Pantone light blue, format DIN A4 cellulose paper 100g/m2 or more)

(First page of the licence)

(Text in (one of) the official language(s) of the EFTA State issuing the licence)

Distinguishing sign of the State1 Name of the competent authority

issuing the licence or body

LICENCE No ...

(or)

CERTIFIED TRUE COPY No

for the international carriage of goods by road for hire or reward

This licence entitles2....................................................................................................................................................................

.................................................................................................................................................................................................... ....................................................................................................................................................................................................

to engage in the international carriage of goods by road for hire or reward by any route, for journeys or parts of journeys carried out for hire or reward within the territory of the Community and Iceland, Liechtenstein and Norway

3, as laid down in

Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market, as adapted for the purposes of the Agreement on the European Economic Area (EEA Agreement), and in accordance with the general provisions of this licence.

Particular remarks: ........................................................................................................................................................................

......................................................................................................................................................................................................

This licence shall be valid from............................................... to..............................................................................................

(b)

(Second page of the licence)

(Text in (one of) the official language(s) of the EFTA State issuing the licence)

GENERAL PROVISIONS

This licence is issued under Regulation (EC) No 1072/2009 as adapted for the purposes of the EEA Agreement.

It entitles the holder to engage in the international carriage of goods by road for hire or reward by any route for journeys or parts of journeys carried out within the territory of the Community and the EFTA States and, where appropriate, subject to the conditions laid down herein:

-

where the point of departure and the point of arrival are situated in two different States which are either EU Member States or EFTA States, with or without transit through one or more EU Member States or EFTA States

or third countries,

-

from an EU Member State or an EFTA State to a third country or vice versa, with or without transit through one or more EU Member States or EFTA States or third countries,
-

between third countries with transit through the territory of one or more EU Member States or EFTA States,

and unladen journeys in connection with such carriage.

In the case of carriage from an EU Member State or EFTA State to a third country or vice versa, this licence is not valid for that part of the journey carried out in the EU Member States or EFTA State of loading or unloading.

This licence is personal to the holder and is non-transferable.

It may be withdrawn by the competent authority of the EFTA State which issued it, notably where the holder has:

-

not complied with all the conditions for using the licence,
-

supplied incorrect information with regard to the data needed for the issue or extension of the licence.

The original of the licence must be kept by the haulage undertaking.

A certified copy of the licence must be kept in the vehicle1. In the case of a coupled combination of vehicles it must

accompany the motor vehicle. It covers the coupled combination of vehicles even if the trailer or semi-trailer is not registered or authorised to use the roads in the name of the licence holder or if it is registered or authorised to use the roads in an EU Member State or another EFTA State.

A EX III

EUROPEAN ECONOMIC AREA

(a)

(Colour Pantone pink, format DIN A4 cellulose paper 100g/m2 or more)

(First page of the attestation)

(Text in (one of) the official language(s) of the EFTA State issuing the attestation)

Distinguishing sign of the State1 Name of the competent authority

issuing the attestation or body

DRIVER ATTESTATION No ...

for the carriage of goods by road for hire or reward under a Community licence or a licence issued by Iceland, Liechtenstein

or Norway2

(Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for

access to the international road haulage market)

This attestation certifies that on the basis of the documents presented by:

...................................................................................................................................................................................................... ....................................................................................................................................................................................................

the following driver:

Name and forename ......................................................................................................................................................................

Date and place of birth ............................................................ Nationality. ..............................................................................

Type and reference number of identity paper ................................................................................................................................

Date of issue............................................................................ Place of issue...........................................................................

This attestation shall be valid from.......................................... to..............................................................................................

Issued in .................................................................................. on.............................................................................................

...............................................................................................5

(b)

(Second page of the attestation)

(Text in (one of) the official language(s) of the EFTA State issuing the attestation)

GENERAL PROVISIONS

This attestation is issued under Regulation (EC) No 1072/2009 as adapted for the purposes of the EEA Agreement.

It certifies that the driver named therein is employed, in accordance with the laws, regulations, or administrative provisions and, as appropriate, the collective agreements, in accordance with the rules applicable in the EFTA State mentioned on the attestation, on the conditions of employment and of vocational training of drivers applicable in that EFTA State to carry out road operations in that State.

The driver attestation shall belong to the haulier, who puts it at the disposal of the driver designated therein when that driver drives a vehicle

1 engaged in carriage using a Community licence or a licence by an EFTA State issued to that haulier. The

driver attestation is not transferable. The driver attestation shall be valid only as long as the conditions under which it was issued are still satisfied and must be returned immediately by the haulier to the issuing authorities if these conditions are no longer met.

It may be withdrawn by the competent authority of the EFTA State which issued it, in particular where the holder has:

-

not complied with all the conditions for using the attestation,
-

supplied incorrect information with regard to the data needed for the issue or extension of the attestation.

A certified true copy of the attestation must be kept by the haulage undertaking.

An original attestation must be kept in the vehicle and must be presented by the driver at the request of any authorised inspecting officer.'

2.

Appendix 4 to Annex XIII to the Agreement shall be replaced by the following:

`APPE DIX 4

DOCUMENTS SET OUT IN THE ANNEX TO REGULATION (EC) NO 1073/2009 OF

THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, AS ADAPTED FOR

THE PURPOSES OF THE EEA AGREEMENT

(see adaptation (e) in point 32 of Annex XIII to the Agreement)

A EX II

EUROPEAN ECONOMIC AREA

(a)

(Colour Pantone light blue, format DIN A4 cellulose paper 100g/m2 or more)

(First page of the licence)

(Text in the official language(s) or one of the official languages of the EFTA State issuing the licence)

Distinguishing sign of the State1 Name of the competent authority

issuing the licence or body

LICENCE No ...

(or)

CERTIFIED TRUE COPY No

for the international carriage of passengers by coach and bus for hire or reward

The holder of this licence2...........................................................................................................................................................

is authorised to carry out international carriage of passengers by road for hire or reward in the territory of the Community and Iceland, Liechtenstein and Norway

3 pursuant to the conditions laid down by Regulation (EC) No 1073/2009 of the European

Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus service, as adapted for the purposes of the Agreement on the European Economic Area (EEA Agreement), and in accordance with the general provisions of this licence.

Comments: ....................................................................................................................................................................................

......................................................................................................................................................................................................

This licence is valid from ........................................................ To ............................................................................................

(b)

(Second page of the licence)

(Text in the official language(s) or one of the official languages of the EFTA State issuing the licence)

GENERAL PROVISIONS

1.

This licence is issued pursuant to Regulation (EC) No 1073/2009 as adapted for the purposes of the EEA Agreement.
2.

This licence is issued by the competent authorities of the EFTA State of establishment of the carrier for hire or reward who:

(a) is authorised in the EFTA State of establishment to undertake carriage by means of regular services, including special regular services, or occasional services by coach and bus;

(b) satisfies the conditions laid down in accordance with Community rules, as adapted for the purposes of the EEA Agreement, on admission to the occupation of road passenger transport operator in national and international transport operations;

3.

This licence permits the international carriage of passengers by coach and bus for hire or reward on all transport links for journeys carried out in the territory of the Community and the EFTA States:

(a) where the point of departure and point of arrival are situated in two different States which are either EU Member States or EFTA States, with or without transit through one or more EU Member States or EFTA States or third countries;

(b) where the point of departure and the point of arrival are in the same EU Member State or EFTA State, while the picking up or setting down of passengers is in another EU Member State or EFTA State or in a third country;

(c) from an EU Member State or EFTA State to a third country and vice versa, with or without transit through one or more EU Member States or EFTA States or third countries;

(d) between third countries crossing the territory of one or more EU Member States or EFTA States in transit;

and empty journeys in connection with transport operations under the conditions laid down by Regulation (EC)

No 1073/2009 as adapted for the purposes of the EEA Agreement.

These penalties are determined in accordance with the seriousness of the breach committed by the holder of the licence and with the total number of certified true copies that he possesses in respect of his international transport services.

6.

The original of the licence must be kept by the carrier. A certified true copy of the licence must be carried on the vehicle carrying out an international transport operation.
7.

This licence must be presented at the request of any authorised inspecting officer.
8.

The holder must, on the territory of each EU Member State or EFTA State, comply with the laws, regulations and administrative measures in force in that State, particularly with regard to transport and traffic.
9.

`Regular services' means services which provide for the carriage of passengers at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points, and which are open to all, subject, where appropriate, to compulsory reservation.

The regular nature of the service shall not be affected by any adjustment to the service operating conditions.

Regular services require authorisation.

`Special regular services' means regular services, by whomsoever organised, which provide for the carriage of specified categories of passengers, to the exclusion of other passengers, at specified intervals along specified routes, passengers being taken up and set down at predetermined stopping points.

Special regular services shall include:

(a) the carriage of workers between home and work;

(b) carriage of school pupils and students to and from the educational institution.

The fact that a special service may be varied according to the needs of users shall not affect its classification as a regular service.

Special regular services do not require authorisation if they are covered by a contract between the organiser and the carrier.

The organisation of parallel or temporary services, serving the same public as existing regular services, requires authorisation.

`Occasional services' means services which do not fall within the definition of regular services, including special regular services, and whose main characteristic is that they carry groups constituted on the initiative of a customer or of the carrier himself. The organisation of parallel or temporary services comparable to existing regular services and serving the same public as the latter shall be subject to authorisation in accordance with the procedure laid down in Chapter III of Regulation (EC) No 1073/2009. These services shall not cease to be occasional services solely on the grounds that they are provided at certain intervals.

3.

Appendix 7 to Annex XIII to the Agreement shall be replaced by the following:

`APPE DIX 7

CERTIFICATE REFERRED TO IN ANNEX III TO REGULATION (EC) NO

1071/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, AS

ADAPTED FOR THE PURPOSES OF THE EEA AGREEMENT

(see adaptation (d) in point 19 of Annex XIII to the Agreement)

A EX III

EUROPEAN ECONOMIC AREA

(Colour Pantone stout fawn, format DIN A 4 cellulose paper 100 g/m2 or more)

(Text in the official language(s) or one of the official languages of the EFTA State issuing the certificate)

Distinguishing sign of the EFTA State concerned1 Name of the authorised authority or body2

CERTIFICATE OF PROFESSIONAL COMPETENCE IN ROAD HAULAGE/PASSENGER TRANSPORT3

No................................................................................................................................................................................................

We ...............................................................................................................................................................................................

hereby certify that4).....................................................................................................................................................................

born on ...................................................................................... in..............................................................................................

has successfully passed the tests for the examination (year: .....; session: .....)5) necessary for the award of the certificate of

professional competence in road haulage/passenger transport(3) in accordance with Regulation (EC) No 1071/2009 of the

European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator

6), as adapted for the purposes of the EEA Agreement.

This certificate constitutes the sufficient proof of professional competence referred to in Article 21 of Regulation (EC) No 1071/2009.

Issued at.................................................................................. , on..........................................................................................7)'

2. Originele weergave

Open document als PDF

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