Law of Ukraine
“On Ukraine’s Accession to the Agreement on the International Occasional Carriage of Passengers by Coach and Bus (INTERBUS)”
Date of entry into force:
November 19, 2012
The Agreement on the International Occasional Carriage of Passengers by Coach and Bus (INTERBUS) was concluded on June 30, 2001 in Brussels.
The Law envisages Ukraine’s accession to the Agreement.
According to Article 1 of the Agreement, it shall apply:
- to the international carriage of passengers, of any nationality, by road by means of occasional services: 1) between the territories of two Contracting Parties, or starting and finishing on the territory of the same Contracting Party and, should the need arise during such services, in transit through the territory of another Contracting Party or through the territory of a non-Contracting State; 2) carried out by transport operators for hire or reward established in a Contracting Party in accordance with its law and holding a license to undertake carriage by means of international occasional services by coach and bus; 3) using buses and coaches registered in the Contracting Party where the transport operator is established.
- to unladen journeys of the buses and coaches concerned with these services.
None of the provisions of the Agreement may be interpreted as providing the possibility to operate national occasional services in the territory of a Contracting Party by operators established in the territory of another Contracting Party. The use of buses and coaches designed to carry passengers for the transport of goods for commercial purposes is excluded from the scope of the Agreement. The Agreement does not concern own account occasional services.
Contracting Parties are required to ensure that 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 applied, in particular with regard to fiscal provisions as well as control and penalties (Article 2 of the Agreement).
Article 3 of the Agreement provides definitions of terms used in it.
According to Article 4 of the Agreement, Contracting Parties who have not yet done so shall apply provisions equivalent to those established by the European Community Directive 96/26/EC of April 29, 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualification intended to facilitate for these operators the right of freedom of establishment for national and international transport operations. The Law envisages that Ukraine reserves the right to apply a minimum available capital and reserves lower than the amount established in point “c” of paragraph (3), Article 3 of the European Community Directive 96/26/EC (the enterprise must have available capital and reserves of EUR 9,000 in case it owns one vehicle, and at least EUR 5,000 per each additional vehicle).
Article 5 of the Agreement establishes that the buses and coaches used to carry out the international occasional services covered by the Agreement shall comply with the technical standards laid down in Annex 2.
Access to the market is regulated by Section IV of the Agreement.
Section VI of the Agreement envisages custom and fiscal provisions.
The provision of transport services shall be carried out under cover of a control document issued by the competent authorities or by any duly authorized agency of the Contracting Party in which the transport operator is established (Article 10 of the Agreement).
According to Article 11 of the Agreement, the control document shall consist of detachable passenger waybills in duplicate in books of 25. The control document shall conform to the model shown in Annex 3 to the Agreement. Each book and its component passenger waybills shall bear a number. The passenger waybills shall also be numbered consecutively, running from 1 to 25. The wording on the cover of the book and that on the passenger waybills shall be printed in the official language or several official languages of the Contracting Party in which the transport operator is established.
The procedure for acquiring authorization for non-liberalized occasional services is established in Section VIII of the Agreement.
The competent authorities of the Contracting Parties shall lay down a system of penalties for breaching the Agreement. The penalties thus provided for shall be effective, proportionate and dissuasive (Article 21 of the Agreement).
According to Article 22 of the Agreement, where serious or repeated infringements of regulations concerning road transport, especially those concerning driving and resting time and road safety, have been committed by non-resident transport operators and might lead to withdrawal of the license to practice as a road passenger transport operator, the competent authorities of the Contracting Party concerned shall provide the competent authorities of the Contracting Party in which such a transport operator is established with all of the information in their possession concerning those infringements and the penalties that they have imposed. The competent authorities of the Contracting Party in whose territory the serious or repeated infringement of regulations concerning road transport, especially those concerning driving and resting time and road safety have occurred, may temporarily deny access for the transport operator concerned to the territory of this Contracting Party. As far as the European Community is concerned, the competent authority of a Member State may only temporarily deny access to the territory of that Member State. Competent authorities of the Contracting Party of establishment of the transport operator and the Joint Committee established in Article 23 of the Agreement shall be informed of such measures. Where serious or repeated infringements of regulations concerning road transport, especially those concerning driving and resting time and road safety, have been committed by a transport operator, the competent authorities of the Contracting Party where the transport operator is established shall take the appropriate measures to avoid repetition of those infringements; these measures may include the suspension or the withdrawal of the license to practice as a road passenger transport operator. The Joint Committee shall be informed on such measures. Contracting Parties shall guarantee the right of the transport operator to appeal against the sanctions imposed.
The legal status of the Joint Committee is established in Section X of the Agreement.
Article 30 of the Agreement contains the specifics of accession to the Agreement. According to the Law, Ukraine reserves the right to adopt provisions equivalent to the provisions of the European Community Directive 96/26/EC of April 29, 1996 within 3 years of the entry of the Agreement into force.
Annexes to the Agreement provide for:
- the conditions applying to road passenger transport operators;
- technical standards applying to buses and coaches
- model of control document for occasional services exempted from authorization;
- model of application for an authorization for an international occasional service;
- model of authorization for non-liberalized occasional services.
The Law is aimed at:
- ensuring that domestic carriers provide passenger transport service on a level conforming to the European standards;
- simplifying the procedure for crossing the state border by buses during passenger transport in international road transport;
- facilitating further integration of the Ukrainian transport industry into the European road transport system, expanding the international transport network, and the most efficient use of our country’s capacity as a transit state;
- creating appropriate pre-requisites for Ukraine’s membership in the European Union.