Interbus agreement: the international occasional carriage of passengers by coach and bus

KEY POINTS

Interbus agreement

The agreement applies to the international occasional carriage of passengers, of any nationality, and to unladen journeys of the buses and coaches concerned with these services in the territories of the EU, and in Albania, Andorra, Bosnia and Herzegovina, Moldova, Montenegro, North Macedonia, Serbia, Türkiye, Ukraine and the United Kingdom.

The agreement:

• governs traffic not only between EU Member States and the non-EU countries concerned but also between the non-EU countries themselves, thus establishing a degree of fiscal, social and technical harmonisation in addition to market access rules;
• allows for accession, subsequent to its entry into force, by any member of the European Conference of Ministers of Transport (now the International Transport Forum), and by San Marino and Monaco;
• replaces the bilateral agreements on the subject matter concluded between the contracting parties;
• incorporates most of the liberalisation measures of the ASOR agreement while adding social, fiscal and technical measures based on the principle of non-discrimination between the various contracting parties.

The principle of non-discrimination on the grounds of the nationality or the place of establishment of the transport operator, and of the origin or destination of the bus or coach, is a basic condition applying to the supply of international transport services.

Simplified inspection procedures

To simplify inspection procedures, the agreement sets out uniform models for:

• transport documents, such as the control document for liberalised occasional services; and
• the authorisation and the application form for non-liberalised services.

Exemptions

Buses and coaches are exempted from:

• all vehicle taxes and charges levied on the circulation or possession of vehicles;
• all special taxes or charges levied on transport operations in the territory of the other contracting parties.

However, buses and coaches are not exempted from:

• the payment of taxes and charges on motor fuel;
• value added tax on transport services;
• road tolls and user charges levied on the use of infrastructure.

Management and application of the agreement

The agreement established a joint committee, which is responsible for the management and proper application of the agreement. In particular, it is responsible for:

• drawing up a list of the authorities responsible for certain tasks provided for under the agreement;
• amending or adapting the control documents and other models of documents established in the annexes to the agreement;
• amending or adapting the annexes concerning the technical standards applicable to buses and coaches;
• drawing up a list, on the basis of information provided by the contracting parties, of all customs duties, taxes and charges;
• amending or adapting the requirements concerning the social provisions in order to incorporate future measures taken within the EU;
• resolving any dispute over the implementation and interpretation of the agreement;
• recommending further steps towards the liberalisation of those occasional services still subject to authorisation.

Duration of the agreement

The agreement was concluded for a period of 5 years, dating from its entry into force. The duration is automatically extended for successive periods of 5 years among those contracting parties who do not express their wish not to do so.

Protocol to the Interbus agreement

The protocol extends the Interbus agreement to the international regular and special regular carriage of passengers by coach and bus. It does not amend or duplicate the common rules but refers to the underlying provisions in the Interbus agreement. Contracting parties can sign and conclude, ratify or accede to the protocol only after having signed and concluded, ratified or acceded to the Interbus agreement; this ensures that the Interbus rules are accepted and applied by those parties when they sign and conclude, ratify or accede to the protocol.

Scope

The protocol applies, under certain conditions:

• to the international carriage of passengers, of any nationality, by road by means of regular and special regular services by coach and bus; and
• to unladen journeys of the buses and coaches concerned with these services.

The protocol does not permit the operating of regular or special regular services with the origin and destination in the same contracting party by operators established in another contracting party (cabotage). However, where the carriage is part of a service to or from the territory in which the transport operator is established, passengers may be picked up or set down in the territory of any contracting party en route that allows a stop in its territory.

It does not apply to the use of buses and coaches designed to carry passengers for the transport of goods for commercial purposes or own-account services.

Access to the market

The protocol sets out rules on the international regular and special regular services subject to authorisation. Contracting parties and Member States may decide on making regular or special regular services between themselves subject to partnership arrangements between the operators of the origin and destination of the service. Operators of the contracting parties or Member States crossed en route with passengers being picked up and set down have the right to join such partnerships.

Conditions applying to road passenger transport operators

These are found in Annex I to the protocol and are subject to the rules set out in Regulation (EC) No 1071/2009 on operating rules for transport companies (see summary) and Regulation (EU) No 181/2011 on bus and coach passenger rights (see summary).

Authorisations

Detailed rules are set out regarding the authorities permitted to grant authorisations, the application procedures to be followed by operators, periods of validity of authorisations, renewals, items to be specified in authorisations and the use of additional vehicles in temporary and exceptional circumstances.

A joint committee comprising representatives of the contracting parties manages the protocol.