31974H0184

COMMISSION RECOMMENDATION of 7 March 1974 addressed to the French Government on measures taken by the latter to implement Council Regulation (EEC) Nos 516/72 and 517/72 of 28 February 1972 (Road passenger transport between Member States) (74/184/EEC)

1. The Office of the French Permanent Representative to the European Communities has, by letter dated 22 August 1973, forwarded to the Commission a circular which was addressed, on 10 October 1972 to the national control bodies informing them of the contents of Council Regulation (EEC) No 516/72 (1) of 28 February 1972 on the introduction of common rules for shuttle services by coach and bus between Member States, and Council Regulation (EEC) No 517/72 (2) of 28 February 1972 on the introduction of common rules for regular and special regular services by coach and bus between Member States. The circular also names the authority to which applications regarding shuttle services and regular and special regular services should be made and states that that authority is empowered to issue the corresponding authorizations.

In its covering letter the Office of the French Permanent Representative expressed the view that the circular was sufficient and that there was no need to take further steps.

2. That communication to the Commission from the Office of the French Permanent Representative is deemed to be consultation of the Commission within the meaning of Article 24 of Regulation (EEC) No 516/72 and Article 22 of Regulation (EEC) No 517/72.

3. The Commission notes that by issuing the circular in question France took the measures which she considered necessary for the implementation of the aforementioned Community Regulations.

4. Before stating its position regarding the contents of the circular, the Commission would make the following general remark:

Article 24 of Regulation (EEC) No 516/72 and Article 22 of Regulation (EEC) No 517/72, lay down that the Member States shall, before 1 October 1972, and after consulting the Commission, adopt such laws, regulations or administrative positions as may be necessary for the implementation of these Regulations.

However, the circular, dated 10 October 1972, was only forwarded to the Commission for consultation on 22 August 1973.

The Commission regrets to record that, in these circumstances, the competent French authorities can have had no opportunity of ascertaining its opinion before adopting the text of the circular and that consequently the aim of the procedure established by the Community provisions referred to above was not realised.

5. With regard to the contents of the circular the Commission makes the following recommendation:

In accordance with its penultimate paragraph, the circular applies only to transport between the original Member States. However, Council Regulation (EEC) No 2442/72 of 21 November 1972, postpones for the new Member States, the application of Regulation (EEC) No 516/72 on the introduction of common rules for shuttle services by coach and bus between Member States and of Regulation (EEC) No 517/72 (3) on the introduction of common rules for regular and special regular services by coach and bus between Member States and renders Regulation (EEC) Nos 516/72 and 517/72 applicable from 1 July 1973 in the new Member States.

It is therefore recommended to the French Government that it should rectify the circular so that from 1 July 1973 it also becomes applicable to the relevant transport between France and the new Member States.

6. With regard to the transfer of an authorization or of a regular or special regular service, the Commission considers that in order to satisfy the requirements of Article 22 of Regulation No 517/72, it should be explicitly stated in the implementing provisions that, as the interpretation of certain general provisions in force in France indicates, the transfer of an authorization or of a regular or special regular service are prohibited.

It is therefore recommended to the French Government that it should stipulate in the implementing (1)OJ No L 67, 20.3.1972, p. 13. (2)OJ No L 67, 20.3.1972, p. 19. (3)OJ No L 265, 24.11.1972, p. 7. measures that an authorization or the regular service or the special regular service may not be transferred.

7. In all other respects the circular corresponds, both in spirit and in general content, to the requirements of the aforementioned Community Regulations.

Done at Brussels, 7 March 1974.

For the Commission

The President

François-Xavier ORTOLI