ANNEX II
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Cover page
(Format DIN A4 uncoated paper 100 g/m2 or more)
To be worded in the official language(s) or one of the official languages of the carrier’s Member State of establishment
ISSUING STATE
Competent authority
International distinguishing sign (1)
BOOK No …
of journey forms:
(a) for international occasional services by coach and bus between Member States, issued on the basis of Regulation (EC) No 1073/2009;
(b) for cabotage operations in the form of occasional services carried out in a Member State other than that in which the carrier is established, issued on the basis of Regulation (EC) No 1073/2009.
to:
(Surname and first name or trade name of carrier)
(Full address, telephone and fax number)
(Place and date of issue)
(Signature and stamp of issuing authority or agency)
(1) Austria (A), Belgium (B), Bulgaria (BG), Croatia (HR), Cyprus (CY), Czech Republic (CZ), Denmark (DK), Estonia (EST), Finland (FIN), France (F), Germany (D), Greece (GR), Ireland (IRL), Italy (I), Latvia (LV), Lithuania (LT), Luxembourg (L), Hungary (H), Malta (M), Netherlands (NL), Poland (PL), Portugal (P), Romania (RO), Slovakia (SK), Slovenia (SLO), Spain (E), Sweden (S), United Kingdom (UK).
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(Second page)
To be worded in the official language(s) or one of the official languages of the carrier’s Member State of establishment
IMPORTANT NOTICE
A. GENERAL PROVISIONS
1. Article 12(1), the second paragraph of Article 5(3) and Article 17(1) of Regulation (EC) No 1073/2009 state that occasional services shall be carried out under cover of a control document (journey form detached from the book of journey forms issued to a carrier).
2. Article 2(4) of Regulation (EC) No 1073/2009 defines occasional services as services ‘which do not fall within the definition of regular services, including special regular services, and the main characteristic of which is the carriage of groups of passengers constituted on the initiative of a customer or the carrier himself’.
Regular services are defined in Article 2(2) of Regulation (EC) No 1073/2009 as ‘services which provide for the carriage of passengers at specified intervals along specified routes, passengers being picked up and set down at predetermined stopping points.’ Regular services are open to all, subject, where appropriate, to compulsory reservation.
The regular nature of the service is not affected by any adjustment to the service operating conditions.
Services, by whomsoever organised, which provide for the carriage of specified categories of passengers to the exclusion of other passengers, are deemed to be regular services. Such services are called ‘special regular services’ and include:
(a) the carriage of workers between home and work,
(b) the 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 does not affect its classification as a regular service.
3. The journey form is valid for the entire journey.
4. The Community licence and the journey form entitle the holder to carry out:
(i) international occasional services by coach and bus between two or more Member States;
(ii) cabotage operations in the form of occasional services in a Member State other than that in which the carrier is established.
5. The journey form is completed in duplicate, either by the carrier or by the driver before the beginning of each service. The copy of the journey form remains in the undertaking. The driver keeps the original on board the vehicle throughout the journey and presents it on request to enforcement officials.
6. The driver returns the journey form to the undertaking which delivered it at the end of the journey in question. The carrier is responsible for keeping the documents. They are filled in legibly and indelibly.
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(Third page)
B. PROVISIONS SPECIFIC TO INTERNATIONAL OCCASIONAL SERVICES
1. The second subparagraph of Article 5(3) of Regulation (EC) No 1073/2009 states that 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.
2. Carriers may carry out local excursions in a Member State other than that in which they are established within the framework of an international occasional service. Such services are intended for non-resident passengers previously transported by the same carrier in the framework of an international occasional service. They are transported in the same vehicle or another vehicle belonging to the same carrier or group of carriers.
3. In the case of local excursions, the journey form is completed before the departure of the vehicle on the excursion in question.
4. In the case of an international occasional service operated by a group of carriers acting on behalf of the same customer and possibly involving the passengers catching a connection en route with a different carrier of the same group, the original of the journey form is kept in the vehicle carrying out the service. A copy of the journey form is kept at the base of each carrier involved.
C. PROVISIONS SPECIFIC TO CABOTAGE OPERATIONS IN THE FORM OF OCCASIONAL SERVICES
1. Cabotage operations in the form of occasional services shall be subject, save as otherwise provided in Union legislation, to the laws, regulations and administrative measures in force in the host Member State with regard to the following:
(i) the conditions governing the transport contract;
(ii) the weights and dimensions of the road vehicles;
(iii) the requirements relating to the carriage of certain categories of passenger, namely schoolchildren, children and persons with reduced mobility;
(iv) the driving time and rest periods;
(v) the value added tax (VAT) on the transport services. In this area, Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1), in particular Article 48 read in conjunction with Articles 193 and 194 shall apply to the services referred in Article 1 of Regulation (EC) No 1073/2009.
2. The technical standards for construction and equipment which the vehicles used to carry out the cabotage transport operations must meet are those laid down for vehicles put into circulation in international transport.
3. Member States apply the national provisions referred to in points 1 and 2 above to non-resident carriers under the same conditions as those imposed on carriers established in the host Member State, in order to prevent any discrimination on grounds of nationality or place of establishment.
4. In the case of cabotage operations in the form of occasional services, the journey forms are returned by the carrier to the competent authority or body of the Member State of establishment in accordance with procedures to be laid down by that authority or body (2).
5. In the case of cabotage operations in the form of special regular services, the journey forms shall be filled out in the form of a monthly statement and returned by the carrier to the competent authority or body of the Member State of establishment in accordance with procedures to be laid down by that authority or body.
(1) OJ L 347, 11.12.2006, p. 1.
(2) Member States’ competent authorities may supplement point 4 with personnel of the agency responsible for collecting the journey forms and the procedure for forwarding the information.
