The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019

Type Statutory-Instrument
Publication 2019-03-28
State In force
Department Queen's Printer of Acts of Parliament
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Made: 28th March 2019

Coming into force in accordance with regulation 1(2)

In accordance with paragraph 1(3) of that Schedule, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 — Introduction

Citation, commencement and extent

1

PART 2 — Amendment of primary legislation

Amendment of the Public Passenger Vehicles Act 1981

2

  • “the 2009 Regulation (EU)” means 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, as that Regulation has effect in EU law[^f00007];
  • “Regulation (EC) No 1073/2009” means 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, as that Regulation has effect in EU law[^f00008]

(7) (1) In paragraph 6 above— (a) “approved body” means— (i) a body approved by the Secretary of State for the purposes of that paragraph; or (ii) a body approved by the Department of the Environment for Northern Ireland for the purposes of section 46D(1)(b) of the Transport Act (Northern Ireland) 1967[^f00010]; or (iii) a body or authority designated by a member State for the purposes of Article 8.3 of the 2009 Regulation (EU); (b) “the requisite skills” means knowledge corresponding to the level of training, for either national or international transport operations as the case may be, provided for in Annex I to the 2009 Regulation in the subjects there listed. (2) In the case of an examination organised or a certificate issued by an approved body specified in sub-paragraph (1)(a)(iii), references to the 2009 Regulation in sub-paragraph (1)(b) and paragraphs 6(2) and (3) are references to the 2009 Regulation (EU).

PART 3 — Amendment of subordinate legislation

Amendment of the Road Transport (International Passenger Services) Regulations 2018

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PART 4 — Amendment of retained direct EU legislation

Amendment of Regulation (EEC) 56/83

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Amendment of Regulation (EC) 1073/2009

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(aa) a journey undertaken by a vehicle the point of departure or the point of arrival of which is in the United Kingdom and the point of arrival or the point of departure of which is in a Member State, with or without transit through one or more Member States or third countries;

(cc) a journey undertaken by a vehicle from the United Kingdom to a third country or vice versa, with transit through one or more Member States and with or without transit through one or more Member States or third countries; or

(9) ‘EU Regulation 1073/2009’ means 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), as that Regulation has effect in EU law[^f00012]; (10) ‘EU Regulation 361/2014’ means Commission Regulation (EU) No 361/2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 as regards documents for the international carriage of passengers by coach and bus and repealing Commission Regulation (EC) No 2121/98, as that Regulation has effect in EU law[^f00013]; (11) ‘third country’ means a country other than the United Kingdom or a Member State. Any reference in this Regulation to an EU instrument or to a particular provision of such an instrument: (a) is a reference to that instrument or provision as amended from time to time, and (b) if that instrument or provision is replaced, with or without modification, shall be construed as a reference to the instrument or provision replacing it. The provisions of this Regulation shall, for the purposes of the EEA Agreement, be read with the following adaptations: (a) The licences issued by Iceland, Liechtenstein and Norway in accordance with EU Regulation 1073/2009, as adapted in Appendix 4 to Annex XIII of the EEA Agreement, as that Annex has effect in EU law, shall be recognised. (b) The text of Article 16(1)(e) shall be replaced by the following: “VAT (value added tax) or turnover tax on transport services.”

(5) Own-account transport operations by any vehicle which is registered in a Member State shall be exempt from authorisation but shall be carried out within the United Kingdom subject to possession of a certificate issued by the competent authorities of the Member State in which the vehicle is registered in accordance with Article 5(5) of EU Regulation 1073/2009 and Article 9 of EU Regulation 361/2014, which shall be valid for the entire journey including transit.

(4) Authorisations shall be in the format prescribed by Article 8 of EU Regulation 361/2014.

(2) Applications shall be in the format prescribed by Article 7 of EU Regulation 361/2014.

Transport undertakings may make representations in the event of their application being refused.

(1) With the exception of the services referred to in the second subparagraph of Article 5(3), occasional services by a carrier established in a Member State shall be carried out under cover of a journey form supplied by the competent authority of that Member State or a body appointed by that authority in accordance with Article 12 of EU Regulation 1073/2009 and Section I of EU Regulation 361/2014.

Amendment of Decision No 1/2011 of the Joint Committee established under the Interbus Agreement

6

Amendment of Commission Regulation (EU) 361/2014

7

The provisions of this Regulation shall, for the purposes of the EEA Agreement, be read with the following adaptations: (a) The documents issued by EEA states other than the United Kingdom shall be recognised. (b) In Article 7, the words “retained EU law” shall read “legislation applicable to the EEA Agreement”. (c) In the documents set out in Annexes III and IV, the words “Member States” shall read “Member States, Iceland, Liechtenstein or Norway”, the words “retained EU law” shall read “legislation applicable to the EEA Agreement” and the words “Community licence” shall read “licence”.

8

9

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PART 5 — Revocation of retained direct EU legislation

11

The following Decisions are revoked—

Signed

Signed by authority of the Secretary of State for Transport

Nusrat Ghani — Parliamentary Under Secretary of State — Department for Transport — 28th March 2019

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) and paragraph 21 of Schedule 7 to that Act in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(a), (c) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of international bus and coach services. Part 2 amends primary legislation, Part 3 amends subordinate legislation, Part 4 amends retained direct EU legislation and Part 5 revokes retained direct EU legislation.

The amendments are designed to address the risk that, in the absence of a withdrawal agreement, EU rules that facilitate access to the UK market by EU carriers will cease to be legally operable because they only apply to carriage within the EU. This will be a consequence of the UK becoming a third country on exit day. There will no longer be any legal basis within the EU for the current system of multilateral authorisation of regular international services by all relevant authorities. This system must be replaced by a new process that involves unilateral authorisation by UK authorities only of regular international services operated to and from the UK by EU carriers.

This will facilitate access to the UK market by EU carriers until the UK accedes to the agreement between the EU and third countries on the international occasional carriage of passengers by coach and bus (known as the Interbus Agreement), which is in the process of being extended to regular services. When the UK accedes to the Interbus Agreement, which is expected to occur shortly after exit day, UK carriers will be able to access the EU market, subject to compliance with that agreement. In consequence, there is likely to be a brief period during which the EU/UK market access arrangements for buses and coaches are not reciprocal.

The amendments are also designed to continue the recognition of Community Licences issued to EU carriers and allow other international services, which do not currently require authorisation, to continue on the basis of the standard control documents used within the EU.

The amendments are no more than appropriate for these purposes.

Regulation 2 amends the Public Passenger Vehicles Act 1981.

Regulation 3 amends the Road Transport (International Passenger Services) Regulations 2018.

Regulation 4 amends Council Regulation (EEC) No 56/83 concerning the implementation of the Agreement on the international carriage of passengers by road by means of occasional coach and bus services (ASOR).

Regulation 5 amends Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006.

Regulation 6 amends Decision No 1/2011 of the Joint Committee established under the Interbus Agreement on the international occasional carriage of passengers by coach and bus of 11 November 2011 (etc.).

Regulation 7 amends Commission Regulation (EU) No 361/2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 as regards documents for the international carriage of passengers by coach and bus and repealing Commission Regulation (EC) No 2121/98.

Regulations 8 to 10 amend Annex XIII to the EEA Agreement and related Decisions.

Regulation 11 revokes redundant Decisions.

An impact assessment of the effect of these Regulations on the cost to business is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: 1981 c. 14.

[^f00003]: Sections 21(1) and (3) were amended by S.I. 2013/1644, article 3, Schedule 1. Section 21(3) was also amended by the Transport Act 1985 (c.67), section 3(5), Schedule 2, Part II, paragraph 4(12)(c).

[^f00004]: Section 65(1)(ea) was inserted by S.I. 1999/3413, regulation 10(3). There are other amendments to section 65 that are not relevant to these Regulations.

[^f00005]: Section 66(f) was inserted by S.I. 1999/4313, regulation 10(4). There are other amendments to section 66 that are not relevant to these Regulations.

[^f00006]: The definitions of the “the 2009 Regulation” and of “Regulation (EC) 1073/2009” were inserted in section 82(1) by S.I. 2011/2632, regulation 7(1), Schedule 1, paragraphs 1 and 10(1) and (2). There are other amendments to section 82 that are not relevant to these Regulations.

[^f00007]: OJ No. L300, 14.11.2009, p.51.

[^f00008]: OJ No. L300, 14.11.2009, p.88.

[^f00009]: Paragraph 7 of Schedule 3 was amended by S.I. 1999/2431, regulation 4(3) and S.I. 2011/2632, regulation 7(1), Schedule 1, paragraphs 1, 11(1) and (5)(a) and (b); and paragraph 7B was inserted by S.I. 2011/2632, regulation 7(1), Schedule 1, paragraphs 1, 11(1) and (6). There are other amendments to Schedule 3 that are not relevant to these Regulations.

[^f00010]: 1967 c. 37. Section 46D(1) was amended by the Transport Act (Northern Ireland) 2011 (c.11), section 48(2), Schedule 1, paragraph 16(2) and S.R. 2015/284, article 2(1), Schedule.

[^f00011]: S.I. 2018/1395.

[^f00012]: OJ No. L300, 14.11.2009, p.88.

[^f00013]: OJ No. L107, 10.4.2014, p.39.

[^f00014]: OJ No. L300, 14.11.2009, p.88.

[^f00015]: OJ No. L300, 14.11.2009, p.88.

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