Joint Committee on Statutory Instruments Twelfth Report


First Memorandum by the Department of the Environment, Transport and the Regions

REGULATIONS 1999 (S.I. 1999/3413)

  1. The Committee has requested a memorandum on the following points:

    If the term "cabotage transport operations" in regulation 1(2), and the term "Community licence" in regulation 3(1), of this instrument are intended to bear the meanings assigned to them in Article 1 of Council Regulation (EC) No. 12/98, explain why no cross-reference to that Article was made in this instrument.

  2. The Department took the view that in the context of the Council Regulation cross-referencing was unnecessary on the ground that the Courts were bound to refer to Article 1 in any event. However, on further reflection the Department accepts that cross-referencing would have been helpful to the reader and will bear the point in mind for the future.

    It appears to follow from regulation 3, read with regulation 10, of this instrument that a Community carrier with a valid Community licence may carry out any cabotage transport operations in Great Britain including such operations excluded by virtue of Article 3 of Council Regulation 12/98 from its scope. If that is the effect of this instrument, explain on what the Secretary of State relies for its making under section 2(2) of the European Communities Act 1972.

  3. A valid Community licence would not be required for UK cabotage operations which are authorised under Article 3. Council Regulation 12/98 is directly applicable and has direct effect, and therefore regulation 3 does not create an offence as respects carriers who are authorised to carry out cabotage transport operations by operation of law, but does create an offence as respects carriers who are required to have a valid Community licence to carry out cabotage transport operations. Section 2(2) of the European Communities Act 1972 would be the appropriate power in such circumstances.

    Does the offence created by regulation 4(1) of this instrument extend to contravention of Article 6(4) (if, for example, the carrier and the transport organiser were to rely on a purely oral contract)?

  4. Regulation 4(1) only applies to "occasional services". It does not, therefore, extend to a contravention of Article 6(4).

    This instrument applies in the case of a road passenger transport carrier established in a Member State of the European Community other than the United Kingdom. In respect of regulation 5, explain how a United Kingdom traffic commissioner or the Secretary of State can be the competent authority of the Member State of establishment of a Community carrier to whom the instrument relates, given that such a carrier, by definition will not be established in the United Kingdom.

  5. The competent authority of the Member State of establishment is required to carry out functions under or in connection with Articles 7, 9, 11(2) (in so far as required by 11(3)), 11(3) and 11(4). The host Member State is required to carry out functions under Article 11(2). Regulation 5 is intended to do no more than nominate the competent authority for the United Kingdom to carry out its tasks as Member State of establishment. It was not the Department's intention to make the Secretary of State the competent authority of the Member State of establishment in respect of a carrier established elsewhere. The Department has omitted in these Regulations to appoint the competent authority in the United Kingdom to carry out the functions required of the host Member State under Article 11(2). The Department apologises for the error and will make amending Regulations shortly.

7th February 2000

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