32009R1073

WHAT IS THE AIM OF THE REGULATION?

• It aims to clarify and simplify the rules for the international carriage of passengers by coach and bus within the territory of the EU, and the conditions under which non-resident carriers may carry out national transport services within an EU country.
• It amends Regulation (EC) No 561/2006 on driving time in the road transport sector (see summary).
• It repeals and replaces Regulations (EEC) No 684/92 and (EC) No 12/98.

KEY POINTS

Freedom to provide services

A carrier is permitted to carry out regular international carriage services, including special regular services and occasional services by coach and bus, without discrimination on grounds of nationality or place of establishment, if it:

• is authorised in the EU country where it is based to carry out carriage by regular services in accordance with the market access conditions in national law;
• fulfils EU rules on admission to the occupation of road passenger transport carrier in national and international transport operations;
• meets the legal requirements relating to EU standards for drivers and vehicles.

EU (Community) licence

• The international transport of passengers by coach and bus is subject to an EU licence issued by the competent authorities of the EU country in which it is based.
• The licence is issued in the name of the carrier for a renewable period of up to 10 years and is non-transferable.
• EU countries may also decide that the EU licence is valid for national transport operations.

Regular services subject to authorisation

• Authorisations are issued in the name of the carrier for a period of up to 5 years and are non-transferable. However, an authorised carrier may operate the service through a subcontractor, if the competent authorities in the EU country of the point of departure agree.
• Authorisations are issued in agreement with the competent authorities of all the EU countries in which passengers are picked up or set down. They must specify:
  • the type of service;
  • the route;
  • the stops and timetable; and
  • the period of validity.
• They entitle their holder to operate regular services in the territories of all EU countries over which the routes of the service pass.
• Authorisation, including renewal and alteration of authorisation, will be granted unless:
  • the applicant cannot provide the necessary services with the equipment directly available to him;
  • the applicant has not complied with national or international road transport legislation;
  • in the case of a renewal, the conditions of authorisation have not been complied with;
  • an EU country decides that the service concerned would seriously affect the viability of a comparable service covered by one or more public service contracts;
  • an EU country decides that the main purpose of the service is not the carriage of passengers between different EU countries.
• Except in the case of force majeure¹, the operator of a regular service must take all measures to guarantee a transport service that fulfils the standards of continuity, regularity and capacity, and complies with the conditions laid down by the competent authority.

Cabotage²

Cabotage operations are authorised for the following services:

• national road passenger services carried out on a temporary basis by a carrier in a host EU country;
• the picking up and setting down of passengers within the same EU country in the course of a regular international service, provided that cabotage is not the main purpose of the service.

Controls and penalties

• Carriers operating a regular service must issue either individual or collective transport tickets indicating the points of departure and arrival, the period of validity of the ticket, and the fare of transport.
• Where a serious infringement of EU road transport legislation occurs, the competent authorities of the EU country where the carrier concerned is based must take appropriate action, which may include a warning or the imposition of administrative penalties.
• If a non-resident carrier seriously infringes EU road transport legislation, the EU country where the infringement occurs will send the competent authorities of EU country where the carrier is based a description of the infringement, the category, type and seriousness of the infringement, and the penalties imposed.
• All serious infringements must be recorded in the national electronic register of road transport undertakings.

COVID-19 pandemic

Regulation (EU) 2020/698 lays down specific and temporary measures in view of the COVID‐19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation. The regulation extends the validity of the community licence laid down in Regulation (EU) No 1073/2009 by 6 months.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 4 December 2011. Regulation (EC) No 1073/2009 revised and replaced Regulations (EEC) No 684/92 and (EC) No 12/98 (and its subsequent amendments).

BACKGROUND

For more information, see:

• Passenger transport (European Commission).

KEY TERMS

1. Force majeure: abnormal and unforeseeable circumstances, extraneous to the operator concerned, the consequences of which could not have been avoided, in spite of the exercise of all due care.
2. Cabotage: national passenger transport operations carried out by non-resident carriers.

MAIN DOCUMENT

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 (recast) (OJ L 300, 14.11.2009, pp. 88-105)

Successive amendments to Regulation (EC) No 1073/2009 have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Regulation (EU) 2020/698 of the European Parliament and of the Council of 25 May 2020 laying down specific and temporary measures in view of the COVID‐19 outbreak concerning the renewal or extension of certain certificates, licences and authorisations and the postponement of certain periodic checks and periodic training in certain areas of transport legislation (OJ L 165, 27.5.2020, pp. 10-24)

Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, pp. 1-14)

See consolidated version.