EUROPEAN COMMISSION

Brussels, 16.5.2018

COM(2018) 291 final

2018/0144(NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the Joint Committee established under the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement), as regards draft Decision No x/xxxx of that Committee

(Text with EEA relevance)

EXPLANATORY MEMORANDUM

1.SUBJECT MATTER OF THE PROPOSAL

•Reasons for and objectives of the proposal

This proposal concerns the Council Decision establishing the position to be taken on the Union's behalf in the Joint Committee established under the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement), as regards draft Decision No x/xxxx ( 1 ) of that Committee

2.Context of the Proposal

2.1.Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement).

The Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) ( 2 ) (‘the Agreement’) aims to facilitate international occasional services by coach and bus between the Contracting Parties. The Agreement entered into force on 1 January 2003. The Agreement was later updated by the Decision of the Joint Committee No 1/2011 ( 3 ).

The European Union is a Contracting party to the Agreement ( 4 ).

The Council adopted Council Decision (EU) 2016/1146 of 27 June 2016 ( 5 ) on the position to be adopted, on behalf of the European Union, within the Joint Committee established under the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement), as regards draft Decision No x/xxxx (ex-1/2016) of that Committee.

2.2.The Joint Committee set up under the Interbus Agreement

In accordance with point (b) of Article 24(2) of the Interbus Agreement, the Joint Committee amends or adapts control documents and other models of documents established in the Annexes to the Agreement. In order to incorporate future measures taken within the Union, and in accordance with point (c) of Article 24(2) of the Interbus Agreement, the Joint Committee amends or adapts as Annex 1 regarding the conditions applying to road passenger transport operators as well as Annex 2 concerning technical standards applying to buses and coaches. In accordance with point (e) of Article 24(2) of the Interbus Agreement, the Joint Committee also amends or adapts the requirements concerning the social provisions.

The Joint Committee may adopt decisions only when two thirds of the Contracting Parties, including the European Union are represented in the Joint Committee meeting. In so far as the Joint Committee is required to take decisions, unanimity of the Contracting Parties represented is required. The European Union is a Contracting Party to the Agreement. The Member States assist the Commission in the Committee.

2.3.The envisaged act of the Joint Committee established under the Interbus Agreement

During its next meeting in 2018, the Joint Committee is foreseen to adopt the Decision of the Joint Committee No x/xxxx.

The purpose of the envisaged act is to update the Agreement to technical and legislative progress since the end of 2009.

The envisaged act will become binding on the parties in accordance with Article 23 of the Agreement, which provides: the establishment of the Joint Committee and its voting rules.

3.Position to be taken on the Union's behalf

In the course of negotiations with the Contracting Parties, it became obvious that certain amendments to the Council position were needed. Those amendments are presented in point 5 below.

This Commission's new proposal to a Council Decision is intended to establish the Union's new position regarding draft Decision No x/xxxx of the Joint Committee set up under Article 23 of the Interbus Agreement. The previous Council Decision (EU) 2016/1146 should be repealed.

The proposed changes compared to the previous position are consistent with the existing policy since they mostly clarify the text and in one case grant a short transitional period for the non-EU Contracting Parties. As regards the transitional period of 3 years granted in respect of road passenger rights (Regulation (EU) No 181/2014 ( 6 ), it is relatively short and distortions of competition, if any, are expected to remain moderate.

The proposed Joint Committee Decision No x/xxxx in the Annex is consistent with the EU neighbourhood policy and external relations.

The draft Decision is also consistent with agreements, such as the Customs Union, Pre-Accession Agreements and Association Agreements.

The position of the Union as a Contracting Party to the Agreement can only be amended by the Union itself, which is therefore exclusively competent in the matter.

4.Legal basis

4.1.Procedural legal basis

4.1.1.Principles

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 7 .

4.1.2.Application to the present case

The Joint Committee is a body set up by an agreement, namely the Interbus Agreement.

The act which the Joint Committee is called upon to adopt constitutes an act having legal effects. The envisaged act has legal effects because it grants the Joint Committee powers to update the Agreement to legal and technical progress.The envisaged act does not supplement or amend the institutional framework of the Agreement.

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU in conjunction with Article 91 TFEU. The legal base remains the same as for the original Council Decision (EU) 2016/1146.

4.2.Substantive legal basis

4.2.1.Principles

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. The envisaged act pursues one aim and, therefore, the Decision under Article 218(9) TFEU must be founded on a single substantive legal basis.

4.2.2.Application to the present case

The main objective and content of the envisaged act relate to transport policy.

Therefore, the substantive legal basis of the proposed decision is Article 91 TFEU.

4.3.Conclusion

The legal basis of the proposed Decision should be Article 91, in conjunction with Article 218(9) TFEU.

The legal base remains the same as for the original Council Decision (EU) 2016/1146.

5.Detailed list of changes in respect of the draft joint Committee decision attached to Decision (EU) 2016/1146

(1)It is proposed that the references before the recitals mention the Joint Committee Decision No 1/2011, which has amended the Interbus Agreement. This has no incidences on the substance.

(2)In Article 1 of the draft Joint Committee decision, a reference is added, regarding an additional Model of Declaration to be annexed to the Protocol, in respect of Regulation (EU) No 181/2011, concerning the rights of passengers in bus and coach transport. Such declaration would be made by Interbus Contracting Parties and related to Article 7 of that Regulation, which governs the amounts of compensation in the various situations it refers to.

(3)To the same effect the heading and terms of the Annex to the draft Joint Committee decision refer to this same 'Model of Declaration'.

(4)In point (1)(b) and the last subparagraph of point (3)(a)(iii) of the Annex to the draft Joint Committee Decision, the reference regarding the smart tachograph in the context of the AETR ( 8 ) is slightly adjusted without prejudice to the relationship between Regulation No 165/2014 and the AETR Agreement. The reference to Article 13 of the AETR Agreement is added concerning the transitional period set out therein, for the introduction of the digital tachograph under the AETR Agreement.

(5)In the last paragraph of point 2 of the Annex to the draft Joint Committee Decision the words 'as far as it covers occasional services by coach and bus' are deleted. They are superfluous since Regulation (EU) No 181/2011 covers both occasional and regular services and distinguishes the provisions respectively.

(6)In this same matter, it seems appropriate to grant a 3-year transitional period for the non-EU Contracting Parties to reach the minimum compensation levels in Article 7 of the Regulation. In some cases, the minimum compensation levels in the Regulation exceed considerably those in use in some Contracting Parties other than the Union, and time is needed to reach the levels set out in the Regulation.

(7)Point (6) of the Annex to the draft Joint Committee decision deals with a 'Model of Declaration concerning Article 4 and Annex 1'. Currently, this model is attached to the Agreement without being designated as an Annex. It is proposed to number it Annex 6 for reasons of clarity.

(8)Point (6)(a) of the Annex to the draft Joint Committee decision deals with paragraph 1 of the same Model Declaration as worded in the draft Joint Committee Decision attached to Decision (EU) 2016/1146 and refers to 'three' conditions established in chapter I of Regulation (EC) No 1071/2009 ( 9 ). Initially, the fourth condition, regarding financial standing, was dealt with in point 2 of the Model Declaration. Since, according to the draft decision attached, this point is deleted in its entirety, the reference to three conditions in current point 1 (becoming the single point in the new text) is replaced by a reference to 'four' conditions (effective and stable establishment, good repute, financial standing and professional competence).

(9)In respect of point (6)(b) of the Annex to the draft Joint Committee decision, it is proposed to delete paragraph 2 in full, and not only its second subparagraph of paragraph 2 as stated in Decision (EU) 2016/1146. That paragraph of the Model of Declaration in Annex 6 is related to the transitional period for financial standing until 1 January 2005 as established in Article 4 of the Agreement. That point in time has elapsed, and point 2 is to be deleted in its entirety. As a consequence, it is proposed to equally suppress the numbering of the Model of Declaration. .

(10)A distinct 'Model of Declaration by Interbus Contracting Parties concerning Article 7 of Regulation (EU) No 181/2011' should be added as Annex 7 to the agreement, for the purposes of accompanying the transitional period of three years, referred to above.

6.Publication of the envisaged act

As the act of the Joint Committee will amend the Interbus Agreement on the international occasional carriage of passengers by coach and bus, it is appropriate to publish it in the Official Journal of the European Union after its adoption.

2018/0144 (NLE)

Proposal for a

COUNCIL DECISION

(Text with EEA relevance)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union and, in particular Article 91 in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission 10 ,

Whereas:

(1)The Interbus Agreement on the international occasional carriage of passengers by coach and bus ('the Agreement') was concluded by the Union by Council Decision of 3 October 2002 11 and entered into force on 1 January 2003.

(2)Pursuant to Article 24(2) of the Agreement, the Joint Committee amends or adapts control documents and other models of documents established in the Annexes to the Agreement. In order to incorporate future measures taken within the Union, and in accordance with point (c) of Article 24(2) of the Agreement, the Joint Committee amends or adapts as Annex 1 regarding the conditions applying to road passenger transport operators as well as Annex 2 concerning technical standards applying to buses and coaches. In accordance with point (e) of Article 24(2) of the Agreement, the Joint Committee also amends or adapts the requirements concerning the social provisions.

(3)The last update of Union legislation in the Agreement, which was introduced by Decision No 1/2011 of the Joint Committee 12 , takes into account Union acts adopted until the end of 2009.

(4)The Interbus Joint Committee, during its meeting in 2018, is to adopt a Joint Committee Decision updating the Agreement to legislative and technical progress.

(5)Council Decision (EU) 2016/1146 13 established the European Union position on a draft Decision by the Interbus Joint Committee taking into account Union acts adopted until the end of 2015.

(6)In the course of negotiations with the other Contracting Parties 14 of the Agreement, it became obvious that some amendments needed to be introduced to the text approved by the Council. These concerned, in particular, the relationship between the Union rules in respect of the smart tachograph and the AETR and, given the situation in some Parties to the Interbus Agreement, a transitional period regarding the amounts of compensation established in Article 7 of Regulation (EU) No 181/2011 15 .

(7)It is appropriate to repeal Council Decision (EU) 2016/1146 and establish a new position to be taken on the Union's behalf in the Joint Committee, as the Decision will be binding on the Union.

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on behalf of the Union in the meetings of in the Joint Committee set up under Article 23 of the Agreement on the international occasional carriage of passengers by coach and bus shall be based on the draft Decision of the Joint Committee attached to this Decision.

Article 2

Council Decision (EU) 2016/1146 is repealed.

Article 3

After their adoption, the Council Decision and the draft decision of the Joint Committee shall be published in the Official Journal of the European Union.

Article 4

This Decision is addressed to the Commission.

Done at Brussels,

For the Council

The President

(1) The number and year of the forthcoming Joint Committee Decision is presented as 'x/xxxx'. The earlier nomination was '1/2016'.

(2) OJ L 321, 26.11.2002, p. 11.

(3) OJ L 8, 12.1.2012, p. 38.

(4) The Contracting Parties of the Interbus Agreement are the European Union, Republic of Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Republic of Moldova, Montenegro, Republic of Turkey and Ukraine.

(5) OJ L 189, 14.7.2016, p. 48.

(6) Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1).

(7) Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraphs 61to 64.

(8) European agreement concerning the work of crews of vehicles engaged in international road transport (AETR).

(9) Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).

(10) COM(2018)291

(11) Council Decision of 3 October 2002 on the conclusion of the Interbus Agreement on the international occasional carriage of passengers by coach and bus (OJ L 321, 26.11.2002, p. 11).

(12) Decision No 1/2011 of the Joint Committee established under the Interbus Agreement on the international occasional carriage of passengers by coach and bus of 11 November 2011 adopting its rules of procedure and adapting Annex 1 to the Agreement regarding the conditions applying to road passenger transport operators, Annex 2 to the Agreement concerning the technical standards applying to buses and coaches and the requirements concerning the social provisions referred to in Article 8 of the Agreement (OJ L 8, 12.1.2012, p. 38).

(13) Council Decision (EU) 2016/1146 of 27 June 2016 on the position to be adopted, on behalf of the European Union, within the Joint Committee established under the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement). as regards draft Decision No 1/2016 of that Committee (OJ l 189, 14,7,2916, p. 48).

(14) The Contracting Parties of the Interbus Agreement are the European Union, Republic of Albania, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, Republic of Moldova, Montenegro, Republic of Turkey and Ukraine.

(15) Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1).

EUROPEAN COMMISSION

Brussels,16.5.2018

COM(2018) 291 final

ANNEX

to the

Proposal for a COUNCIL DECISION

on the position to be adopted, on behalf of the European Union, within the Joint Committee established under the Agreeement on the international occasional carriage of passenger by coach and bus (Interbus Agreement), as regards draft Decision No x/xxxx of that Committee

ATTACHMENT

DECISION No x/xxxx ( 1 ) OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON THE INTERNATIONAL OCCASIONAL CARRIAGE OF PASSENGERS BY COACH AND BUS (INTERBUS AGREEMENT)

of [ADD DATE]

adapting Article 8 of the Agreement and Annexes 1, 2, 3 and 5 to the Agreement and the 'Model of Declaration to be made by Interbus Parties concerning Article 4 and Annex 1', introducing, by way of a new Annex, a 'Model of Declaration by Interbus Contracting Parties concerning Article 7 of Regulation (EU) No 181/2011', and repealing Recommendation No 1/2011

THE JOINT COMMITTEE,

Having regard to the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) ( 2 ), as updated by the Decision of the Joint Committee No 1/2011 ( 3 ), and in particular Article 24 of the Agreement,

Whereas:

(1)Article 23 of the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) (the 'Agreement') establishes a Joint Committee in order to facilitate the management of the Agreement (the 'Joint Committee').

(2)In accordance with point (b) of Article 24(2) of the Agreement, the Joint Committee amends or adapts the control documents and other models of documents established in the Annexes to the Agreement. In order to incorporate future measures taken within the Union, and in accordance with point (c) of Article 24(2) of the Agreement, the Joint Committee amends or adapts the Annexes concerning technical standards applying to buses and coaches, as well as Annex 1 regarding the conditions applying to road passenger transport operators. In accordance with point (e) of Article 24(2) of the Agreement, the Joint Committee also amends or adapts the requirements concerning the social provisions. To this end the Joint Committee should act when the Agreement needs to be updated to take account of technical and legislative progress.

(3)The last update of Union legislation in the Agreement, which was introduced by Decision No 1/2011 of the Joint Committee, takes into account Union acts adopted until the end of 2009. It is now appropriate to incorporate new measures that the Union has adopted since then.

(4)Recommendation No 1/2011 of the Joint Committee ( 4 ) sets out a technical report used for roadside checks of coaches and buses. It has become outdated and should therefore be repealed.

HAS ADOPTED THIS DECISION:

Article 1

The requirements concerning the social provisions referred to in Article 8 of the Agreement, the conditions applying to road passenger transport operators set out in Annex 1 to the Agreement, the technical standards applying to buses and coaches set out in Annex 2 to the Agreement, the Model of control document for occasional services exempted from authorisation set out in Annex 3 to the Agreement, the Model of authorisation for non-liberalised occasional services set out in Annex 5 to the Agreement and the 'Model of Declaration to be made by Interbus Parties concerning Article 4 and Annex 1' are adapted in accordance with the Annex to this Decision. In addition, a 'Model of Declaration by Interbus Contracting Parties concerning Article 7 of Regulation (EU) No 181/2011' is added as a new Annex to the Agreement.

Article 2

Recommendation No 1/2011 of the Joint Committee is repealed.

Article 3

This Decision shall enter into force on the day of its adoption.

Done at Brussels, [ADD DATE].

For the Joint Committee

The Chairman The Secretary------

ATTACHMENT TO THE ATTACHEMENT

Adaptation of Article 8 regarding social provisions, Annex 1 regarding the conditions applying to road passenger transport operators, Annex 2 regarding the technical standards applying to buses and coaches, Annex 3 regarding the Model of control document for occasional services exempted from authorisation, Annex 5 regarding the Model of authorisation for non-liberalised occasional services, the 'Model of Declaration to be made by Interbus Parties concerning Article 4 and Annex 1' as well as the introduction, by way of a new Annex, of a 'Model of Declaration by Interbus Contracting Parties concerning Article 7 of Regulation (EU) No 181/2011' ( 5 )

(1)In Article 8 of the Agreement, the list of Union acts is amended as follows:

(a)the reference to Council Regulation (EEC) No 3821/85 is replaced by the following:

'—Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ L 370, 31.12.1985, p. 8), as last amended by Commission Regulation (EU) No 1161/2014 of 30 October 2014 (OJ L 311, 31.10.2014, p. 19), which shall apply until Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 (OJ L 60, 28.2.2014, p. 1) becomes applicable.

Instead of Regulation (EEC) No 3821/85, equivalent rules of the AETR Agreement including its Protocols may be applied,’;

(b)the following Union act is added:

'—Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1), which shall apply from the date the implementing acts referred to in Article 46 thereof become applicable.

Instead of Regulation (EU) No 165/2014, the applicable rules of the AETR Agreement including its Protocols may be applied, without prejudice to Article 13 of the AETR Agreement.’.

(2)In Annex 1 to the Agreement, the list of Union acts is replaced by the following:

'Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1), as last amended by Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 (OJ L 60, 28.2.2014, p. 1);

Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51), as last amended by Council Regulation (EU) No 517/2013 of 13 May 2013 (OJ L 158, 10.6.2013, p. 1);

Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules of access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p. 88), as last amended by Council Regulation (EU) No 517/2013 of 13 May 2013 (OJ L 158, 10.6.2013, p. 1);

Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1).

During a transitional period of up to three years from the date of adoption of Joint Committee Decision x/xxxx, any Contracting Party other than the European Union may choose to apply, instead of Article 7 of Regulation (EU) No 181/2011, their national provisions to the matters covered by that Article. In order for a Contracting Party to benefit from this transitional period, it shall notify the Joint Committee Secretariat by way of the 'Model of Declaration' set out Annex 7, duly completed and signed, within two months of the adoption of Joint Committee Decision x/xxxx.'.

(3)Annex 2 to the Agreement is amended as follows:

(a)Article 1 is amended as follows:

(i)point (a) is replaced by the following:

'(a) roadworthiness tests for motor vehicles and their trailers:

—Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (OJ L 141, 6.6.2009, p. 12), as last amended by Commission Directive 2010/48/EU of 5 July 2010 (OJ L 173, 8.7.2010. p. 47), which shall apply until 19 May 2018;

—Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51), which shall apply from 20 May 2018;

—Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community (OJ L 203, 10.8.2000, p. 1), as last amended by Commission Directive 2010/47/EU of 5 July 2010 (OJ L 173, 8.7.2010, p. 33), which shall apply until 19 May 2018;

—Directive 2014/47/EU of the European Parliament and of the Council of 3 April 2014 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Union and repealing Directive 2000/30/EC (OJ L 127, 29.4.2014, p. 134), which shall apply from 20 May 2018;';

(ii)point (c) is replaced by the following:

'(c) maximum dimensions and maximum weights:

—Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59), as last amended by Directive (EU) 2015/719 of the European Parliament and of the Council of 29 April 2015 (OJ L 115, 6.5.2015, p. 1);

—Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor (OJ L 200, 31.7.2009, p. 1), as last amended by Commission Regulation (EU) 2015/166 of 3 February 2015 (OJ L 28, 4.2.2015, p. 3);

—Commission Regulation (EU) No 1230/2012 of 12 December 2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council with regard to type-approval requirements for masses and dimensions of motor vehicles and their trailers and amending Directive 2007/46/EC of the European Parliament and of the Council (OJ L 353, 21.12.2012, p. 31);';

(iii)point (d) is replaced by the following:

'(d) recording equipment in road transport:

—Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (OJ L 370, 31.12.1985, p. 8), as last amended by Commission Regulation (EU) No 1161/2014 of 30 October 2014 (OJ L 311, 31.10.2014, p. 19) or equivalent rules established by the AETR Agreement including its Protocols, which shall apply until Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 (OJ L 60, 28.2.2014, p. 1) becomes applicable.

Instead of Regulation (EEC) No 3821/85, equivalent rules of the AETR Agreement including its Protocols may be applied;

—Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1), which shall apply from the date the implementing acts referred to in Article 46 thereof become applicable.

Instead of Regulation (EU) No 165/2014, the applicable rules of the AETR Agreement including its Protocols may be applied, without prejudice to Article 13 of the AETR Agreement.’.

(b)Article 2 is amended as follows:

(i)the headings and references between the first paragraph and the table are replaced by the following:

'Exhaust emissions:

—Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1), as last amended by Commission Regulation (EU) No 459/2012 of 29 May 2012 (OJ L 142, 1.6.2012, p. 16);

—Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1), as last amended by Commission Regulation (EU) No 133/2014 of 31 January 2014 (OJ L 47, 18.2.2014, p. 1);

Noise emissions:

—Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles (OJ L 42, 23.2.1970, p. 16), as last amended by Council Directive 2013/15/EU of 13 May 2013 (OJ L 158, 10.6.2013, p. 172), which shall apply until 30 June 2027 subject to Article 14 of Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014;

—Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC (OJ L 158, 27.5.2014, p. 131), which shall apply, in accordance with Article 15 thereof, from 1 July 2016, 1 July 2019 and 1 July 2027;

Braking devices:

Tyres:

Lighting and light-signalling devices:

Fuel tank:

Rear-view mirrors:

Safety belts — Installation:

Safety belts — Anchorages for safety belts:

Seats:

Interior construction (prevention of the risk of fire spreading):

Interior arrangement (Emergency exits, accessibility, seating dimension, superstructure resistance, etc.):

Advanced emergency braking systems:

—Commission Regulation (EU) No 347/2012 of 16 April 2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council with respect to type-approval requirements for certain categories of motor vehicles with regard to advanced emergency braking systems (OJ L 109, 21.4.2012, p. 1), as last amended by Commission Regulation (EU) 2015/562 of 8 April 2015 (OJ L 93, 9.4.2015, p. 35);

Lane departure warning system:

—Commission Regulation (EU) No 351/2012 of 23 April 2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council as regards type-approval requirements for the installation of lane departure warning systems in motor vehicles (OJ L 110, 24.4.2012. p. 18).';

(ii)the table is replaced by the following table:

'Heading

UN-ECE Regulation

(in its latest applicable version)

Union act

Exhaust emissions

Regulation (EC) No 715/ 2007, as last amended by Regulation (EU) No 459/2012.

Regulation (EC) No 595/ 2009, as last amended by Regulation (EU) No 133/2014.

Noise emissions

Directive 70/157/EEC, as last amended by Council Directive 2013/15/EU, which shall apply until 30 June 2027 subject to Article 14 of Regulation (EU) No 540/2014;

Regulation (EU) No 540/2014, which shall apply in accordance with Article 15 thereof from 1 July 2016, 1 July 2019 and 1 July 2027.

Braking devices

Regulation (EC) No 661/2009, as last amended by Regulation (EU) 2015/166.

Tyres

117

Regulation (EC) No 661/2009, as last amended by Regulation (EU) 2015/166.

Lighting and light- signalling devices

Regulation (EC) No 661/2009, as last amended by Regulation (EU) 2015/166.

Fuel tank

Regulation (EC) No 661/2009, as last amended by Regulation (EU) 2015/166.

Rear-view mirrors

Regulation (EC) No 661/2009, as last amended by Regulation (EU) 2015/166.

Safety-belts – Installation

Regulation (EC) No 661/2009, as last amended by Regulation (EU) 2015/166.

Safety-belt – Anchorages

Regulation (EC) No 661/2009, as last amended by Regulation (EU) 2015/166.

Seats

Regulation (EC) No 661/2009, as last amended by Regulation (EU) 2015/166.

Interior construction (prevention of the risk of fire spreading)

118

Regulation (EC) No 661/2009, as last amended by Regulation (EU) 2015/166.

Interior arrangement (Emergency exits, accessibility, seating dimension, superstructure resistance, etc.)

107

Regulation (EC) No 661/2009, as last amended by Regulation (EU) 2015/166.

Advanced emergency braking systems

131

Regulation (EC) No 661/ 2009, as last amended by Regulation (EU) 2015/166;

Commission Regulation (EU) No 347/2012, as last amended by Commission Regulation (EU) 2015/562.

Lane departure warning system

130

Regulation (EC) No 661/ 2009, as last amended by Regulation (EU) 2015/166;

Commission Regulation (EU) No 351/2012.'.

(4)In Annex 3 to the Agreement, the text in the footnote is replaced by the following:

'Albania (AL), Austria (A), Belgium (B), Bosnia and Herzegovina (BIH), Bulgaria (BG), Cyprus (CY), Croatia (HR), Czech Republic (CZ), Denmark (DK), Estonia (EST), Finland (FIN), France (F), Germany (D), Greece (GR), Hungary (H), Ireland (IRL), Italy (I), Latvia (LV), Lithuania (LT), Luxembourg (L), the former Yugoslav Republic of Macedonia (MK), Malta (MT), Republic of Moldova (MD), Montenegro (ME), Netherlands (NL), Poland (PL), Portugal (P), Romania (RO), Slovak Republic (SK), Slovenia (SLO), Spain (E), Sweden (S), Turkey (TR), Ukraine (UA), United Kingdom (UK), to be completed.'.

(5)In Annex 5 to the Agreement, the text in the footnote is replaced by the following:

(6)The 'Model of Declaration to be made by Interbus Parties concerning Article 4 and Annex 1' attached to the Agreement becomes Annex 6 thereto. Its terms are amended as follows:

(a)in paragraph 1, the paragraph number is deleted and the introductory phrase is replaced by the following:

'The four conditions established in Chapter I of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).'.

(b)paragraph 2 is deleted.

(7)The following Annex 7 is added to the Agreement:

'Annex 7

'Model of Declaration by Interbus Contracting Parties concerning Article 7 of Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 (OJ L 55, 28.2.2011, p. 1)

(to be made within two month after the adoption of Decision No x/xxxx of the Joint Committee established under the Interbus Agreement)

DECLARATION BY …………………...………………… (Name of the Contracting Party)

1. As far as Article 7 of Regulation (EU) 181/2011 is concerned, the existing national legislation of the declarant establishes the following maximum limits for compensation for death, including reasonable funeral expenses, or personal injury as well as for loss of or damage to luggage due to accidents arising out of the use of the bus or coach, of no less than:

-- EUR …………………….. (or equivalent in national currency) per passenger;

-- EUR ………………..…… (or equivalent in national currency) per item of luggage.

2. Does the declarant's current national existing legislation foresee that in the event of damage to a wheelchair, other mobility equipment or assistive devices the amount of compensation is equal to the cost of replacement or repair of the equipment lost or damaged?

YES □ NO □

3. It is envisaged that the financial amounts stipulated in Article 7(2) of Regulation (EU) 181/2011 as well as the compensation in the event of damage to a wheelchair, other mobility equipment or assistive devices will be adapted by the declarant to the requirements of the Regulation by ……………………………….. (date, no later than three years from the entry into force of Decision No x/xxxx of the Joint Committee under the Interbus Agreement or, as the case may be, not later than three years from the date of ratification of the Interbus Agreement by a new Contracting Party).'.

(1) The number and year of the forthcoming Joint Committee Decision is presented as 'x/xxxx'. The earlier nomination was '1/2016'.

(2) OJ L 321, 26.11.2002, p. 13.

(3) Decision No 1/2011 of the Joint Committee established under the Interbus Agreement on the international occasional carriage of passengers by coach and bus of 11 November 2011 adopting its rules of procedure and adapting Annex 1 to the Agreement regarding the conditions applying to road passenger transport operators, Annex 2 to the Agreement concerning the technical standards applying to buses and coaches and the requirements concerning the social provisions referred to in Article 8 of the Agreement (2012/25/EU) (OJ L 8, 12.1.2012, p. 38).

(4) Recommendation No 1/2011 of the Joint Committee set up under the Interbus Agreement on the international occasional carriage of passengers by coach and bus of 11 November 2011 concerning the use of a technical report for coaches and buses with a view to facilitating the monitoring of the provisions of Articles 1 and 2 of Annex 2 to the Agreement (OJ L 8, 12.1.2012, p. 46).

(5) The adaptation of the acts takes account of the new measures adopted by the European Union up to 31 December 2015.