31968R1016

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( 1 ) OJ N 147 , 9 . 8 . 1966 , P . 2688/66 .

( 2 ) OJ N 234 , 21 . 12 . 1966 , P . 3949/66 .

REGULATION ( EEC ) N 1016/68 OF THE COMMISSION

OF 9 JULY 1968

PRESCRIBING THE MODEL CONTROL DOCUMENTS REFERRED TO IN ARTICLES 6 AND 9 OF COUNCIL REGULATION N 117/66/EEC

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION N 117/66/EEC ( 1 ) ON THE INTRODUCTION OF COMMON RULES FOR THE INTERNATIONAL CARRIAGE OF PASSENGERS BY COACH AND BUS ;

HAVING REGARD TO THE OPINIONS EXPRESSED BY THE MEMBER STATES IN CONSULTATION WITH THE COMMISSION ON 3 AND 4 NOVEMBER 1966 AND ON 18 AND 19 APRIL 1968 , PURSUANT TO ARTICLES 6 AND 7 OF REGULATION N 117/66/EEC ;

WHEREAS , IN PURSUANCE OF ARTICLE 6 ( 1 ) OF REGULATION N 117/66/EEC , FROM 1 JANUARY 1967 ROAD SERVICES OPERATED BY AN UNDERTAKING FOR ITS OWN WORKERS NO LONGER REQUIRE AUTHORISATION , BUT ARE SUBJECT TO A SYSTEM OF CERTIFICATION , PROVIDED THAT CERTAIN CONDITIONS ARE FULFILLED ; WHEREAS , PURSUANT TO ARTICLE 6 ( 2 ) , A MODEL CERTIFICATE WAS PRESCRIBED IN ARTICLE 1 OF COMMISSION REGULATION N 212/66/EEC ( 2 ) OF 16 DECEMBER 1966 , PRESCRIBING CERTAIN MODEL DOCUMENTS REFERRED TO IN ARTICLES 6 AND 9 OF COUNCIL REGULATION N 117/66/EEC ;

WHEREAS ARTICLE 5 ( 1 ) OF REGULATION N 117/66/EEC PROVIDES THAT FROM 1 JANUARY 1967 THE OCCASIONAL SERVICES REFERRED TO IN ARTICLE 3 ( 1 ) ( A ) AND ( B ) OF THAT REGULATION SHALL NOT REQUIRE AUTHORISATION BY ANY MEMBER STATE OTHER THAN THE STATE WHERE THE VEHICLE IS REGISTERED ;

WHEREAS ARTICLE 5 ( 2 ) OF REGULATION N 117/66/EEC PROVIDES THAT FROM 1 JANUARY 1969 CERTAIN OF THE OCCASIONAL SERVICES REFERRED TO IN ARTICLE 3 ( 1 ) ( C ) OF THAT REGULATION SHALL NOT REQUIRE AUTHORISATION BY ANY MEMBER STATE OTHER THAN THE STATE WHERE THE VEHICLE IS REGISTERED ;

WHEREAS ARTICLE 9 OF REGULATION N 117/66/EEC PROVIDES THAT THE CARRIER SHALL COMPLETE A CONTROL DOCUMENT FOR THE OCCASIONAL SERVICES REFERRED TO IN ARTICLE 3 OF REGULATION N 117/66/EEC ; WHEREAS THE SAME ARTICLE PROVIDES THAT THE MODEL FOR THE CONTROL DOCUMENT AND THE WAY IN WHICH THE CONTROL DOCUMENT IS TO BE USED SHALL BE PRESCRIBED BY THE COMMISSION ;

WHEREAS A MODEL CONTROL DOCUMENT FOR THE OCCASIONAL SERVICES REFERRED TO IN ARTICLE 3 ( 1 ) ( A ) AND ( B ) OF REGULATION N 117/66/EEC HAS ALREADY BEEN PRESCRIBED BY REGULATION N 212/66/EEC ; WHEREAS A MODEL CONTROL DOCUMENT FOR THE OCCASIONAL SERVICES REFERRED TO IN ARTICLE 3 ( 1 ) ( C ) OF REGULATION N 117/66/EEC HAS YET TO PRESCRIBED .

WHEREAS IT SEEMS APPROPRIATE TO PRESCRIBE A SINGLE MODEL CONTROL DOCUMENT TO BE USED FROM 1 JANUARY 1969 FOR ALL THE TYPES OF OCCASIONAL SERVICE REFERRED TO IN ARTICLE 3 OF REGULATION N 117/66/EEC , REPLACING FROM THAT DATE THE MODEL CONTROL DOCUMENT PRESCRIBED BY REGULATION N 212/66/EEC FOR THE OCCASIONAL SERVICES REFERRED TO IN ARTICLE 3 ( 1 ) ( A ) AND ( B ) OF REGULATION N 117/66/EEC ;

WHEREAS , FOR THE SAKE OF CLARITY AND EASE OF REFERENCE , THE PROVISIONS OF ARTICLES 1 AND 4 OF REGULATION N 212/66/EEC SHOULD BE INCLUDED IN THIS REGULATION ; WHEREAS , CONSEQUENTLY , REGULATION N 212/66/EEC SHOULD BE REPEALED FROM 1 JANUARY 1969 ;

WHEREAS , IN ORDER TO LEAVE MEMBER STATES SOME FREEDOM OF ACTION SHOULD THEY WISH TO SIMPLIFY FORMALITIES , IT IS ADVISABLE TO PROVIDE THAT MEMBER STATES MAY AGREE BILATERALLY AND MULTILATERALLY THAT CARRIERS SHALL NOT BE BOUND TO LIST THE PASSENGERS IN THE CONTROL DOCUMENT ;

WHEREAS , IN ORDER TO MAKE IT POSSIBLE TO USE UP STOCKS OF THE CONTROL DOCUMENT INTRODUCED IN PURSUANCE OF ARTICLES 2 AND 3 OF REGULATION N 212/66/EEC FOR THE OCCASIONAL SERVICES REFERRED TO IN ARTICLE 3 ( 1 ) ( A ) AND ( B ) OF REGULATION N 117/66/EEC , A TRANSITIONAL PERIOD SHOULD BE PRESCRIBED , DURING WHICH CARRIERS MAY CONTINUE TO USE THAT CONTROL DOCUMENT FOR THOSE SERVICES ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . THE CERTIFICATE FOR THE OPERATION OF SERVICES REFERRED TO IN ARTICLE 6 OF REGULATION N 117/66/EEC SHALL CONFORM TO THE MODEL SHOWN IN ANNEX I TO THIS REGULATION . ANNEX I SHALL FORM AN INTEGRAL PART OF THIS REGULATION .

2 . THE CERTIFICATE SHALL BE PRINTED IN THE OFFICIAL LANGUAGE OR LANGUAGES OF THE MEMBER STATE WHERE THE VEHICLE USED IS REGISTERED .

3 . THE CERTIFICATE SHALL BE ISSUED ON THE BASIS OF THE STATEMENTS MADE BY THE UNDERTAKING OPERATING THE VEHICLE .

4 . THE CERTIFICATE SHALL REMAIN IN FORCE FOR A PERIOD NOT EXCEEDING ONE YEAR .

ARTICLE 2

1 . THE CONTROL DOCUMENT FOR THE OCCASIONAL SERVICES REFERRED TO IN ARTICLE 3 OF REGULATION N 117/66/EEC SHALL CONSIST OF PASSENGER WAYBILLS IN DUPLICATE IN BOOKS OF FIFTY , THE TOP COPY BEING DETACHABLE . THE CONTROL DOCUMENT SHALL CONFORM TO THE MODEL SHOWN IN ANNEX 2 TO THIS REGULATION . ANNEX 2 SHALL FORM AS INTEGRAL PART OF THIS REGULATION .

2 . EACH BOOK AND ITS COMPONENT PASSENGER WAYBILLS SHALL BEAR A NUMBER . THE PASSENGER WAYBILLS SHALL BEAR SUPPLEMENTARY NUMBERS , RUNNING FROM 1 TO 50 .

3 . THE WORDING ON THE COVER OF THE BOOK AND THAT ON THE FRONT OF THE PASSENGER WAYBILLS SHALL BE PRINTED IN THE OFFICIAL LANGUAGE OR LANGUAGES OF THE MEMBER STATE WHERE THE VEHICLES USED ARE REGISTERED . ON THE BACK OF THE TOP COPY OF EACH PASSENGER WAYBILL THERE SHALL BE A TRANSLATION IN THE OTHER OFFICIAL LANGUAGES OF THE COMMUNITIES OF THE WORDING PRINTED ON THE FRONT OF THE WAYBILL .

ARTICLE 3

1 . THE BOOK REFERRED TO IN ARTICLE 2 SHALL BE MADE OUT IN THE NAME OF THE CARRIER ; IT SHALL NOT BE TRANSFERABLE .

2 . THE TOP COPY OF THE PASSENGER WAYBILL SHALL BE KEPT ON THE VEHICLE THROUGHOUT THE JOURNEY TO WHICH IT REFERS .

3 . THE CARRIER SHALL BE RESPONSIBLE FOR SEEING THAT PASSENGER WAYBILLS ARE DULY AND CORRECTLY COMPLETED .

ARTICLE 4

1 . THE PASSENGER WAYBILL SHALL BE COMPLETED IN DUPLICATE BY THE CARRIER BEFORE THE START OF THE JOURNEY .

2 . FOR THE PURPOSE OF PROVIDING THE NAMES OF PASSENGERS , THE CARRIER MAY USE A LIST ALREADY COMPLETED ON A SEPARATE SHEET , WHICH SHALL BE FIRMLY STUCK IN THE PLACE PROVIDED FOR IT UNDER ITEM N 6 IN THE PASSENGER WAYBILL . THE CARRIER'S STAMP OR , WHERE APPROPRIATE , THE CARRIER'S SIGNATURE OR THAT OF THE DRIVER OF THE VEHICLE SHALL BE PLACED ACROSS BOTH THE LIST AND THE PASSENGER WAYBILL .

3 . FOR THE SERVICES INVOLVING AN OUTWARD JOURNEY UNLADEN REFERRED TO IN ARTICLE 5 ( 2 ) OF REGULATION N 117/66/EEC , THE LIST OF PASSENGERS MAY BE COMPLETED AS PROVIDED IN PARAGRAPH 2 AT THE TIME WHEN THE PASSENGERS ARE TAKEN UP .

ARTICLE 5

MEMBER STATES MAY AGREE BILATERALLY OR MULTILAERALLY THAT THE LIST OF PASSENGERS UNDER ITEM N 6 OF THE PASSENGER WAYBILL NEED NOT BE DRAWN UP . IN THAT CASE , THE NUMBER OF PASSENGERS MUST BE SHOWN .

ARTICLE 6

MEMBER STATES , ACTING UNDER ARTICLE 10 OF REGULATION N 117/66/EEC , SHALL ADOPT THE PROVISIONS REQUIRED TO IMPLEMENT THIS REGULATION . SUCH PROVISIONS SHALL COVER , INTER ALIA :

_ THE PERIOD OF VALIDITY OF THE BOOK ;

_ THE PROCESSING AND FILING OF THE COPY AND COPY OF PASSENGER WAYBILLS .

SUCH PROVISIONS MAY ALSO RELATE TO ANY STAMPING OF PASSENGER WAYBILLS BY AUTHORISED INSPECTING OFFICERS .

ARTICLE 7

1 . THIS REGULATION , SAVE FOR ARTICLES 1 TO 5 , SHALL ENTER INTO FORCE ON 31 JULY 1968 . ARTICLES 1 TO 5 SHALL ENTER INTO FORCE ON 1 JANUARY 1969 . WITH EFFECT FROM 1 JANUARY 1969 REGULATION N 212/66/EEC SHALL BE REPEALED .

2 . NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH 1 , THE CONTROL DOCUMENT PRESCRIBED IN ARTICLES 2 AND 3 OF REGULATION N 212/66/EEC MAY BE USED UNTIL 31 DECEMBER 1969 FOR CLOSED DOOR TOURS AND OUTWARD LADEN / RETURN UNLADEN SERVICES WITHIN THE MEANING OF ARTICLE 3 ( 1 ) ( A ) AND ( B ) OF REGULATION N 117/66/EEC .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 9 JULY 1968 .

FOR THE COMMISSION

THE PRESIDENT

JEAN REY

ANNEXES : SEE O.J .