The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) and paragraph 21 of Schedule 7 to that Act in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(a), (c) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of international bus and coach services. Part 2 amends primary legislation, Part 3 amends subordinate legislation, Part 4 amends retained direct EU legislation and Part 5 revokes retained direct EU legislation.

The amendments are designed to address the risk that, in the absence of a withdrawal agreement, EU rules that facilitate access to the UK market by EU carriers will cease to be legally operable because they only apply to carriage within the EU. This will be a consequence of the UK becoming a third country on exit day. There will no longer be any legal basis within the EU for the current system of multilateral authorisation of regular international services by all relevant authorities. This system must be replaced by a new process that involves unilateral authorisation by UK authorities only of regular international services operated to and from the UK by EU carriers.

This will facilitate access to the UK market by EU carriers until the UK accedes to the agreement between the EU and third countries on the international occasional carriage of passengers by coach and bus (known as the Interbus Agreement), which is in the process of being extended to regular services. When the UK accedes to the Interbus Agreement, which is expected to occur shortly after exit day, UK carriers will be able to access the EU market, subject to compliance with that agreement. In consequence, there is likely to be a brief period during which the EU/UK market access arrangements for buses and coaches are not reciprocal.

The amendments are also designed to continue the recognition of Community Licences issued to EU carriers and allow other international services, which do not currently require authorisation, to continue on the basis of the standard control documents used within the EU.

The amendments are no more than appropriate for these purposes.

Regulation 2 amends the Public Passenger Vehicles Act 1981.

Regulation 3 amends the Road Transport (International Passenger Services) Regulations 2018.

Regulation 4 amends Council Regulation (EEC) No 56/83 concerning the implementation of the Agreement on the international carriage of passengers by road by means of occasional coach and bus services (ASOR).

Regulation 5 amends Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006.

Regulation 6 amends 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 (etc.).

Regulation 7 amends Commission Regulation (EU) No 361/2014 laying down detailed rules for the application of Regulation (EC) No 1073/2009 as regards documents for the international carriage of passengers by coach and bus and repealing Commission Regulation (EC) No 2121/98.

Regulations 8 to 10 amend Annex XIII to the EEA Agreement and related Decisions.

Regulation 11 revokes redundant Decisions.

An impact assessment of the effect of these Regulations on the cost to business is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.