Regulation on the implementation of regulations and agreements of the European Community on the movement of persons by bus and coach (EC-Bus Implementing Regulation-EGBusDV)

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EGBusDV

Date of delivery: 04.05.2012

Full quote:

" EC-Bus Implementing Regulation of 4 May 2012 (BGBl. I p. 1038) "

Footnote

(+ + + Text proof: 12.5.2012 + + +) 

  

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Input formula

Pursuant to Section 57 (1) (6) and (11) of the Passenger Transport Act, point 6 of which is Article 29 (d) of the Law of 28 June 1990 (BGBl. 1221) and its number 11 is amended by Article 1 (2) of the Law of 19 July 2002 (BGBl). 2691), the Federal Ministry of Transport, Building and Urban Development is responsible for the following: Unofficial table of contents

§ 1 Scope

This Regulation shall govern the implementation of:

1.

of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services and amending Regulation (EC) No 561/2006 (recast) (OJ L 376, 27.12.2006, p. OJ L 300, 14.11.2009, p.88),

2.

Commission Regulation (EC) No 2121/98 of 2 October 1998 laying down detailed rules for the application of Council Regulations (EEC) No 684/92 and (EC) No 12/98 as regards transport documents relating to the carriage of passengers by coach and bus (OJ L 378, 27.12.1998, p. OJ L 268, 3.10.1998, p. 10),

3.

of the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and by road (OJ L 327, 30.4.2004, p. 91) (agreement between the EC and Switzerland) and

4.

the Convention on the carriage of passengers in cross-border occasional services by bus and coach (Interbus Convention) (OJ L 327, 30.4.2004, p. OJ L 321, 26.11.2002, p. 13).

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§ 2 competent authorities

(1) For the grant of the Community licence pursuant to Article 4 of Regulation (EC) No 1073/2009, the approval authority shall be responsible for the purposes of Article 11 (1) and (2) of the Passenger Transport Act. The Community licence shall be issued by the authority in the district of which the undertaking has its registered office or establishment within the meaning of commercial law. (2) To grant a Community licence, the Community licence shall be granted by the authority in whose district the undertaking is situated. Approval of regular services or a special type of regular service subject to approval pursuant to Article 5 (1) and (2) of Regulation (EC) No 1073/2009, or Article 18 (4) and (5) of the Agreement between the EC and Switzerland and the provisions of Article 8 (2) of the Agreement of Regulation (EC) No 1073/2009 and of Annex 7 to Article 4 (2) of the EC-Switzerland Agreement (3) For the implementation of measures to be taken against, or against, any other Member State or Switzerland, the provisions of Section 52 (2) and Section 53 (2) of the Personal Promotion Act shall apply mutadenily. A carrier established in Germany pursuant to Article 22 (3) of the Interbus Convention is responsible for the approval authority within the meaning of Section 11 (2) (2) of the German Passenger Transport Act. (4) The Federal Ministry for Economic Cooperation and Development Transport, construction and urban development is responsible for

1.

the communications to the Commission on the number of authorisations granted and the total number of valid authorisations on scheduled services and on cabotage data, which is a special form of regular service and occasional services in Germany , pursuant to Article 28 (1) of Regulation (EC) No 1073/2009,

2.

the transmission to the Commission of the statistical overview of the number of cabotage authorisations carried out as scheduled services in accordance with Article 15 (c) of Regulation (EC) No 1073/2009, in accordance with Article 28 (2) of the Regulation (EC) No 1073/2009,

3.

the transmission of the number of carriers holding a Community licence and the number of certified authorisations referred to in Article 28 (4) of Regulation (EC) No 1073/2009,

4.

the notification of serious or repeated infringements by a non-resident haulier to the competent authorities of the Contracting State in which the carrier is established, in accordance with Article 22 (1) of the Interbus Convention.

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§ 3 Application

(1) The application for the authorisation referred to in Article 7 of Regulation (EC) No 1073/2009 in conjunction with Article 7 of Regulation (EC) No 2121/98 or a permit referred to in Article 3 of Annex 7 to the EC-Switzerland Agreement shall be doubled. To be submitted. The approval authority may request further copies. (2) If the applicant or the applicant is requested by the approval authority to obtain missing information or to submit missing documents, the applicant shall be within a set (3) The time limit referred to in Article 8 (3) of Regulation (EC) No 1073/2009 or Annex 7 Article 4 (3) of the EC-Switzerland Agreement shall begin to run if a full application is submitted is available. Unofficial table of contents

§ 4 Hearing procedure

The competent authority in accordance with Article 2 (2) shall, prior to its decision, carry out a hearing procedure in accordance with Section 14 (1) to (4) of the Passenger Transport Act:

1.

in the case of an application for a regular service or a special type of regular service subject to approval pursuant to Article 5 (1) and (2) of Regulation (EC) No 1073/2009, or in accordance with Article 18 (4) and (5) of the Agreement EC-Switzerland,

2.

in the case of a request for renewal of the authorisation or amending the conditions for the operation of transport services subject to approval pursuant to Article 9 of Regulation (EC) No 1073/2009, or in accordance with Article 5 (3) of Annex 7 to the EC-Switzerland Agreement,

3.

in the case of the examination of authorisation applications submitted in other Member States or in Switzerland, as required under Article 8 (2) of Regulation (EC) No 1073/2009 or in Annex 7 to Article 4 (2) of the EC-Switzerland Agreement.

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§ 5 Duties of the operator and the driver of the vehicle or of the driver

(1) In accordance with Article 17 (5) of Regulation (EC) No 1073/2009, the trader shall immediately, after the end of the month in which the cabotage operations have been carried out, be sent to the Federal Ministry of Transport, Building and Transport, Urban development to be transmitted. Pursuant to the third sentence of Article 28 (1) of Commission Regulation (EC) No 1073/2009, the latter shall communicate to the Commission, in a non-personal form, the data relating to cabotage which, as a special form of regular service and occasional transport, during the reporting period of (2) The operator must ensure that, in accordance with the following provisions, the required documents are carried along throughout the journey:

1.

in accordance with the second sentence of Article 4 (3), Article 12 (1), Article 17 (1) or Article 19 (1), including in conjunction with Article 12 (6) or Article 17 (4), Regulation (EC) No 1073/2009, in conjunction with Article 2 (3), first sentence, and Article 8 (2) of Regulation (EC) No 2121/98, a certified copy of the Community licence, the approval or a copy of the authorization certified by the approval authority, the control paper (tapetal), the contract or a copy of the document Certified copy of the contract,

2.

in accordance with Article 9 (3) of Regulation (EC) No 2121/98, the certificate for the movement of work or a certified copy of the certificate,

3.

in accordance with Article 11 (1) of Annex 7 to the EC-Switzerland Agreement, a certified copy of the Community licence or certificate, the authorisation or a certified copy of the authorisation, the journey sheet, the certificate or a certified copy of the licence, certificate or certificate a certified copy of the certificate, the contract or a certified copy of the contract,

4.

in accordance with Article 18, including in conjunction with Article 12 (2) of the Interbus Convention, the travel leaflet or the permit,

5.

in accordance with the first sentence of Article 20 of the Interbus Convention, an officially certified copy of the permit for the carriage of passengers in cross-border occasional services by bus or coach, or

6.

in accordance with Article 7 of Annex 2 of the Interbus Convention, the document required for the verification of the initial authorisation or the document for the new engine.

(3) In accordance with the following provisions, the driver of the vehicle or the driver of the vehicle shall carry the necessary documents in the vehicle and show the authorized person on request at the request:

1.

in accordance with the first subparagraph of Article 11 (1) of Annex 7 to the EC-Switzerland Agreement, a certified copy of the Community licence or certificate,

2.

in accordance with the provisions of the first subparagraph of Article 11 (1) and the third subparagraph of Article 11 (1) of the EC-Switzerland Agreement, the approval or a certified copy of the authorisation, the journey sheet, the contract or a certified copy of the Treaty, or

3.

in accordance with the second subparagraph of Article 11 (1) of Annex 7 to the EC-Switzerland Agreement, the certificate for the movement of work or a certified copy of the certificate.

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§ 6 Supervision, mutual assistance to foreign authorities

(1) The contractor shall be subject to compliance with the provisions of this Regulation and of the Regulations and Agreements referred to in Article 1 of this Regulation.

1.

in so far as it operates scheduled services or special scheduled services under Article 5 (1) and (2) of Regulation (EC) No 1073/2009 or under Article 18 (4) and (5) of the EC-Switzerland Agreement, the supervision of the competent authorities pursuant to Article 2 (2) of this Agreement Authority or

2.

if the trader is established in Germany, in all other cases, the supervisor of the authority which has issued or would be responsible for issuing the Community licence to the trader.

(2) The implementation of supervision is governed by § § 54 and 54a of the Personal Promotion Act. (3) If the company is not established in Germany and no case of paragraph 1 is present, the Federal Office for Goods Transport has under Compliance with § § 4b and 4c of the German Federal Data Protection Act

1.

Infringements of the law liable to justify the limitation or withdrawal of the market access of the undertaking, in accordance with Article 23 (1) of Regulation (EC) No 1073/2009, of the competent authority of the country of establishment, and

2.

Infringements and their application to Annex 7 Article 12 (1) of the EC-Switzerland Agreement to the competent authority of the Contracting Party at the request of the latter

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§ 7 Measures of control

Persons entitled to control may prohibit the continuation of the journey, if:

1.

the driver of the vehicle or the driver

a)

, contrary to Article 4 (3), second sentence of Regulation (EC) No 1073/2009, a certified copy of the Community licence or, contrary to Annex 7, Article 11 (1), first subparagraph, of the EC-Switzerland Agreement, a certified copy of the corresponding Swiss license,

b)

contrary to the first sentence of Article 20 of the Interbus Convention, an officially certified copy of the permit for the carriage of passengers in cross-border occasional services by bus and coach,

c)

Contrary to Article 19 (1) of Regulation (EC) No 1073/2009, in conjunction with Article 12 (1) and (6) and Article 17 (1) and (4), Article 2 (3), first sentence, and Article 8 (2) of Regulation (EC) No 2121/98, Article 11 (1) of Regulation (EC) No 1073/2009, The first and third subparagraphs of the EC-Switzerland Agreement or Article 18, also in conjunction with Article 12 (2) of the Interbus Agreement, the approval or a certified copy of the authorisation, the control paper (travel sheet) or the contract, or a certified copy of the contract,

d)

Contrary to Article 6 (6) of Regulation (EC) No 1073/2009 or Article 2 (6) of Annex 7 to the EC-Switzerland Agreement, a copy of the authorisation, a copy of the contract, or an equivalent document or a certified copy of the Community licence for Community transport undertakings or the corresponding Swiss licence for Swiss transport undertakings, or

e)

contrary to Article 9 (3) of Regulation (EC) No 2121/98 or in Annex 7 to the second subparagraph of Article 11 (1) of the EC-Switzerland Agreement, the certificate for the movement of work or a certified copy of the certificate

do not submit for consideration,

2.

a carriage is carried out which does not comply with the provisions of the permit or not the contents of the journey sheet, the contract or the certificate;

3.

the journey sheet is incomplete, or

4.

the omnibus does not meet the requirements of Annex 2, Articles 1 to 3 of the Interbus Convention.

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§ 8 Administrative Offences

(1) Contrary to the provisions of Section 61 (1) (4) of the German Passenger Transport Act, who intentionally or negligently is acting in accordance with the law

1.

, contrary to Article 5 (1), a journey sheet shall not be sent or not sent in due time,

2.

it does not ensure that a required document is carried on, or

3.

Contrary to § 5 (3), a required document is not carried out or is not presented to an authorized person or not in good time.

(2) Contrary to Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 December 2009, the provisions of Article 61 (1) (5) (a) of the Passenger Transport Act are in breach of Regulation (EC) No 1073/2009 of the European Parliament. October 2009 on common rules for access to the international market for coach and bus services and amending Regulation (EC) No 561/2006 (OJ L 210, 31.7.2006, p. 88), by intentionally or negligently acting as a trader

1.

carried out without a Community licence in accordance with Article 4 (1), international passenger transport by bus and coach,

2.

, without the authorisation referred to in the second sentence of Article 5 (1) or the third sentence, of regular

3.

operates without authorisation in accordance with Article 14 cabotage.

(3) Contrary to Regulation (EC) No 1073/2009, which violates Regulation (EC) No 1073/2009 by intentionally or negligently acting in accordance with Article 61 (1) (5) (b) of the Passenger Transport Act

1.

as entrepreneurs

a)

the second subparagraph of Article 6 (6) does not ensure that a document referred to in that document is included in the vehicles which are additionally used,

b)

contrary to Article 11 (1), a measure to ensure the operation of the service does not apply, or

c)

, without a certificate referred to in Article 5 (5), first movement of work

or

2.

in accordance with Article 4 (3), second sentence, Article 12 (1), Article 17 (1) or Article 19 (1), and also in conjunction with Article 12 (6) or Article 17 (4), a certified copy of the Community licence, a travel document, an authorisation or a control document shall not be carried out or a control may not be presented in good time or not in good time.

(4) Contrary to Council Regulation (EC) No 2121/98 of 2 October 1998 laying down detailed rules for the application of Regulations (EEC) No 684/92, which is contrary to the provisions of Article 61 (1) (5) (b) of the Personal Promotion Act and (EC) No 12/98 as regards the transport documents relating to the carriage of passengers by coach and bus (OJ L 346, 31.12.1998, p. 10), by intentionally or negligently

1.

as an entreprenter, a journey sheet, contrary to the first sentence of Article 2 (2), does not fill, not correct, complete or not in good time; or

2.

as driver

a)

the document referred to in Article 8 (2) shall not be included in that document, or

b)

the document referred to in Article 9 (3) does not carry a document referred to in that paragraph or does not show a person entitled to control, or does not show

(5) Contrary to the provisions of Section 61 (1) (5) (a) of the Passenger Transport Act, the person concerned shall be in breach of the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by road Rail and road (OJ C 327, 91), by intentionally or negligently acting as a trader

1.

operates without a Community licence for Community carriers or a Swiss licence for Swiss hauliers pursuant to the first subparagraph of Article 17 (3) of international passenger transport by coach or coach, or

2.

shall operate regular services without the authorisation referred to in Article 18 (4).

(6) Contrary to the provisions of Section 61 (1) (5) (b) of the Personal Promotion Act, those who violate the EC-Switzerland Agreement by intentionally or negligently acting as an entreprenter

1.

shall operate without the certificate referred to in Article 18 (6),

2.

contrary to the second subparagraph of Article 2 (6) of the second subparagraph of Article 2 (6), does not ensure that a document referred to in that paragraph is carried in an additional vehicle,

3.

contrary to the provisions of Article 7 (1) of Annex 7, a measure to ensure the operation of the service is not

4.

contrary to the provisions of Article 8 (2) of Annex 7, a journey sheet shall not be filled, not correct, in full or in a timely manner.

(7) An administrative offence within the meaning of Article 61 (1) (5) (b) of the Act on the Promotion of Persons on the Promotion of Persons in Cross-border Occasional Carriage of Persons with Omnibuses (Interbus Convention) (OJ L 327, 28.5.1997, p. 13), by deliberately or negligently

1.

as entrepreneurs

a)

shall operate occasional transport without the authorisation referred to in Article 7 (1),

b)

contrary to Article 13 (1), in conjunction with the second sentence of Article 11 (1), a journey sheet shall not be filled, not correct, in full or in a timely manner, or

c)

contrary to the provisions of Article 1, 2 or 3 of Annex 2, an omnibus which does not comply with the requirements referred to in Article 1, 2 or 3

2.

as driver

contrary to Article 18, in conjunction with Article 12 (2) or Article 20, first subparagraph, or Annex 2, Article 7 (1), first sentence, or paragraph 2, a document referred to in that paragraph shall not be carried out or shall not be presented to an authorized person or not in good time.

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§ 9 Entry into force, external force

This Regulation shall enter into force on the day following the date of delivery. At the same time, the EC Bus Implementing Regulation of 11 August 2004 (BGBl. 2169), which was last amended by Article 479 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407), except for force. Unofficial table of contents

Final formula

The Federal Council has agreed.