31973H0304

COMMISSION RECOMMENDATION of 20 September 1973 to the Government of the Grand Duchy of Luxembourg relating to the draft regulation of the Grand Duchy enforcing Regulation (EEC) No 516/72 and Regulation (EEC) No 517/72 (73/304/EEC)

The Permanent Representation of the Grand Duchy of Luxembourg, informed the Commission, by a letter dated 6 July 1973, of a draft regulation enforcing Regulation (EEC) No 516/72 (1) of the Council of 28 February 1972 on the introduction of common rules for shuttle services by coach and bus between Member States and also Regulation (EEC) No 517/72 (2) of the Council of 28 February 1972 on the introduction of common rules for regular and special regular services by coach and bus between Member States.

This Communication has the force of a consultation of the Commission under the terms of Article 24 of Regulation (EEC) No 516/72 and Article 22 of Regulation (EEC) No 517/72.

The Commission notes that the draft regulation of the Grand Duchy refers to the measures for enforcement which the Member States are obliged to take, pursuant to the above-mentioned Council Regulations. Under the terms of the Articles indicated above, these measures shall cover, inter alia, the organization of, procedure for and means of carrying out, checks on compliance and the penalties applicable in case of breach. As regards the regular and special regular services, according to Article 22 paragraph 3 of Regulation (EEC) No 517/72, these measures shall also determine whether, and subject to what conditions, the authorization or the running of the service may be transferred.

The Commission is of the opinion that these provisions meet the obligations imposed on the Member States regarding the organization of, procedure for and means of carrying out, checks on compliance, and also regarding the penalties applicable in case of breach.

The Commission notes, however, that the draft regulation of the Grand Duchy does not clearly state that the case of transfer of the authorization refers only to the regular and special regular services. The Commission further points out that this draft makes the transfer of the authorization subject to the prior agreement of the authority which issued it, without the conditions for the transfer of this authorization having been determined.

Accordingly, the Commission recommends that the Government of the Grand Duchy of Luxembourg supplements the provisions of the draft regulation in question: - by indicating therein that the proposed case of transfer of the authorization refers only to the authorization of regular and special regular services;

- by determining the conditions under which this authorization or the running of the service may be transferred.

Done at Brussels, 20 September 1973.

For the Commission

The President

François-Xavier ORTOLI

(1) OJ No L 67, 20.3.1972, p. 13. (2) OJ No L 67, 20.3.1972, p. 19.