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Decree No. 2010 - 1388 12 November 2010 On The Application Of Article 29-1 Of Act No. 82 - 1153 Of 30 December 1982 Guidance Of The Inland Transport

Original Language Title: Décret n° 2010-1388 du 12 novembre 2010 portant application de l'article 29-1 de la loi n° 82-1153 du 30 décembre 1982 d'orientation des transports intérieurs

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Summary

Application of Article 38 (2°) of Law 2009-1503.
Amendment of Article 10 of Decree 79-222 and the addition of an article 8-1 of the Decree.

Keywords

ECOLOGY , PUBLIC TRANSPORT , INLAND TRANSPORT , ROAD TRANSPORT , TRANSPORT OF PERSONS , INTERNATIONAL ROAD TRANSPORT , DESERTS , REGULAR DESERTE NATIONAL INTERET , INTERNATIONAL TRAVEL TRANSPORT REGULAR , LINE EXPLOITATION , IMPLEMENTATION


JORF n°0265 of 16 November 2010 page 20352
text No. 13



Decree No. 2010-1388 of 12 November 2010 implementing section 29-1 of Act No. 82-1153 of 30 December 1982 on the orientation of inland transport

NOR: DEVT1019164D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/11/12/DEVT1019164D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2010/11/12/2010-1388/jo/texte


Publics concerned: professionals in the road transport of persons domiciled in France, in a Member State of the European Union or the European Economic Area or in the Swiss Confederation, operating international regular lines.
Purpose: Authorization to operate regular domestic service of national interest during a regular international road passenger transport service.
Entry into force: immediate.
Notice: The purpose of the decree is to authorize the operation of regular domestic desserts of national interest carried out on the occasion of a regular international road transport service of passengers.
It defines the concept of regular domestic desserts of national interest in this context and specifies the criteria for appreciating the incidental character of these desserts with respect to the main object of the regular international passenger service.
The exploitation of domestic desserts is subject to the following two conditions:
- the main object of the service must be constituted by the operation of the international regular line corresponding to that service;
― the operation of these desserts must not affect the economic balance of a public passenger service contract.
In addition, the decree determines the modalities for consultation of the local authorities involved in the domestic service projects, specifies the authorization procedure and sets the rules for the control of these activities.
References: the texts amended by this decree can be consulted, in their drafting, on the website Légifrance (http://www. legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations,
Considering the agreement on the European Economic Area signed in Porto on 2 May 1992 and the decision of the Joint Committee of the European Economic Area No. 7/94 of 21 March 1994;
Considering the agreement between the European Community and the Swiss Confederation of 21 June 1999 on the transport of goods and passengers by rail and by road;
Having regard to Regulation (EC) No. 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public transport services of passengers by rail and by road, and repealing Council Regulation (EEC) No. 1191/69 and 1107/70;
Having regard to Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules on the conditions to be met for the occupation of carrier by road, and repealing Council Directive 96/26/EC;
Having regard to Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the international market of bus and bus transport services, and amending Regulation (EC) No 561/2006;
Vu la Act No. 82-1153 of 30 December 1982 amended inland transport orientation, including Article 29-1;
Vu le Decree No. 49-1473 of 14 November 1949 amended on the coordination and harmonization of rail and road transport, including Article 41;
Vu le Decree No. 79-222 of 6 March 1979 Amending the regime applicable to international road passenger transport;
Vu le Decree No. 85-891 of 16 August 1985 amended on urban transport of persons and non-urban road transport of persons;
The State Council (section of public works) heard,
Decrete:

Article 1 Learn more about this article...


The above-mentioned decree of 16 August 1985 is amended as follows:
I.-Chapter II of title IV becomes chapter III of the same title and is inserted in this title IV a chapter II, as follows:


“Chapter II



"Regular domestic deserts of national interest carried out on the occasion of a regular international road transport service of passengers
"Art. 31-1.-For the purposes of this chapter, it is understood that:
"1°" Public service contract for the carriage of persons”: the contract as defined in (i) of Article 2 of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 referred to above;
"2°" Organizing Authority”: the public community that has awarded a public service contract to a transportation company that deals with the operation of an internal passenger transport service;
"3°" Regular international road transport service of passengers”: a passenger transport service in which the road vehicle crosses at least once the border between France and another Member State of the European Union or the European Economic Area or the Swiss Confederation and whose main purpose is the transport of passengers between stops located in different Member States according to a frequency and on a specified route, passengers who can be taken care of and placed before stops
"4°" Regular domestic deserts of national interest carried out on the occasion of a regular international road transport service of passengers”: regular non-urban services concerning at least two regions and which, on the national territory and with the same road vehicle, take the same route and stopping points as those of the scheduled international service to which they relate;
"5°" Road vehicle”: vehicle with more than nine seats, including driver;
"6°" Determined period of authorization”: duration of operation of a regular domestic service of national interest determined taking into account the expiry date of the authorization issued as part of the regular international passenger transport.
"Art. 31-2.- Road public transport companies of travellers domiciled in France, in a Member State of the European Union or the European Economic Area or in the Swiss Confederation that operate a regular international road transport service of travellers may be authorized to provide one or more domestic regular service of national interest, provided that:
« 1° The main purpose of the service realized is to operate the international regular line including this service;
« 2° The exploitation of these desserts does not affect the economic balance of a public service contract for the carriage of persons.
"Art. 31-3.-Ne is not a regular international road transport service of passengers within the meaning of Article 31-1, a service in which the road vehicle crosses at least the border between France and another Member State of the European Union, but on the occasion of which:
« 1° Between two stops in the national territory served by this service, the number of travellers performing an internal service within the meaning of section 31-1 is more than 50% of the total number of travellers transported by this service between these two points over a period of one year;
« 2° Or the turnover of the service from all of the domestic desserts it provides over a period of one year represents more than 50% of the revenue from the transportation service carried out by the same service in the national territory.
"The applicants will need to justify that they have a management organization that allows them to exercise control of their activity to provide an annual report on operating data regarding the number of passengers and turnover. This report must be provided annually to the authority that issued the authorization.
"Art. 31-4.-The regions, departments and the transport union of Ile-de-France are, in their capacity as organising authorities for the transport of persons within the meaning of Article 31-1, consulted by the State on any project of regular domestic road service of national interest with stops located in their territorial jurisdiction.
"These organizing authorities have a period of two months from the date of their referral to issue a reasoned opinion on the potential impact of this service on the economic balance of an existing or project public service contract, as defined in section 31-1.
"The lack of notice within these deadlines is a favourable opinion.
"Art. 31-5.-The authorisation to operate one or more regular domestic service of national interest on the occasion of a scheduled international road transport service of passengers is issued by the State to the public road transport companies of persons with a community licence and a regular international travel authorization.
"The authorisation, which is incessible, is granted within three months from the date of introduction of the application by the company, for a specified period as defined in section 31-1.
"The authorization may be limited or denied if the service for which the authorization is requested does not meet the conditions set out in section 31-2.
"Every interested community may seize the State with a view to limiting or denying that authorization.
"Art. 31-6.-Any substantial change in the consistency of the international regular passenger transport service or operating conditions of the domestic service entails the obligation for the company to request a new authorization for the operation of domestic service under the procedure provided for in section 31-5.
"This authorization becomes null and void after a period of two months after the Minister for Transport has received a notice from the licensee expressing the intention of the Minister to terminate the operation of domestic desserts.
"The copy of the authorization to operate one or more regular domestic road desserts of national interest must be on board the road vehicle.
"The authorization may be withdrawn if the annual report is not provided or if the report indicates that the criteria of section 31-3 are not met.
"The authorization is withdrawn if the company no longer has the necessary authorization to perform the scheduled international transport service.
"A copy of the annual report is provided, upon request, to the organizing authorities referred to in the first paragraph of Article 31-4.
"Art. 31-7.-The terms and conditions for the application and issuance of the authorization are specified by order of the Minister for Transport. »
II.-Le A du I de l'article 45 est compléter par un alinéa ainsi écrit :
"(c) If applicable, a copy of the transport authorization issued under section 31-6. »
III.-The I of Article 46 is supplemented by a paragraph as follows:
“(f) Performing, on the occasion of a regular international road transport service of passengers, one or more regular domestic service of national interest that has not been authorized by the State. »

Article 2 Learn more about this article...


The above-mentioned decree of 6 March 1979 is amended as follows:
I.-It is added, after Article 8, an article 8-1 as follows:
"Art. 8-1.-The regime of regular domestic service of national interest carried out on the occasion of a regular international road transport service of passengers is defined by articles 31-1 to 31-7 of Decree No. 85-891 of 16 August 1985 concerning urban transport of persons and non-urban road transport of persons."
II.-Section 10 a is replaced by the following provisions:
“(a) Ensuring the service without respecting the consistency provided for by the authorization of carriage provided for in c of section 45-I-A of the decree of 16 August 1985 referred to above or by the authorization of international transport; "

Article 3 Learn more about this article...


The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of State, the Minister of Seals, Minister of Justice and Freedoms, and the Secretary of State for Transport are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done in Paris, November 12, 2010.


François Fillon


By the Prime Minister:


Minister of State, Minister of Ecology,

of energy, sustainable development and the sea,

green technologies

and climate negotiations,

Jean-Louis Borloo

The state minister, keep seals,

Minister of Justice and Freedoms,

Michèle Alliot-Marie

Secretary of State

Transport Officer

Dominic Bussereau


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