31975A0300

COMMISSION OPINION of 18 April 1975 concerning the implementation of Council Regulation (EEC) No 1191/69 of 26 June 1969 on action by Member States concerning the obligations inherent in concept of a public service in transport by rail, road and inland waterway, and Council Regulation (EEC) No 1192/69 of 26 June 1969 on common rules for the normalization of accounts of railway undertakings (75/300/EEC)

1. In conformity with Article 18 of Regulation (EEC) No 1191/69 (1) and Article 14 of Regulation (EEC) No 1192/69 (2), the Irish Government has furnished the Commission, by letter of 2 January 1975, with the arrangements which it has made for the implementation of aforesaid Regulations in Ireland

2. The Commission notes that these arrangements provide for the procedure relative to the introduction of requests for the termination of public service obligations, compensation and normalization of accounts. In particular, they provide for:

- the designation of the competent authority (the Minister for Transport and Power) to whom Coras Iompair Eireann can introduce requests for: (i) the total or partial suppression of public service obligations in accordance with Article 4 of Council Regulation (EEC) No 1191/69 of 26 June 1969,

(ii) the compensation of costs arising from the application to passenger transport of prices and conditions imposed in the interest of one or more particular social categories in accordance with Article 9 (3) of Council Regulation (EEC) No 1191/69 of 26 June 1969,

(iii) the normalization of accounts in accordance with Article 7 of Council Regulation (EEC) No 1192/69 of 26 June 1969;

- the possibility of making representations with respect to decisions ; moreover the Coras Iompair Eireann will have the possibility of a recourse through the ordinary courts against decisions of the competent authority;

- the publication of the decisions of the competent authority (Article 15 of Council Regulation (EEC) No 1191/69 of 26 June 1969 and Article 11 of Council Regulation (EEC) No 1192/69 of 26 June 1969).

3. The Commission notes that the aforesaid arrangements for the implementation of Regulation (EEC) No 1191/69 apply to national transport undertakings by road, rail and inland waterway.

4. In conclusion, the Commission gives a favourable opinion on the proposals and arrangements under consideration.

Done at Brussels, 18 April 1975.

For the Commission

The President

François-Xavier ORTOLI

(1) OJ No L 156, 28.6.1969, p. 1. (2) OJ No L 156, 28.6.1969, p. 8.