Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, within the Joint Committee established under the Protocol to the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) regarding the international regular and special regular carriage of passengers by coach and bus, as regards draft Decision No x/xxxx of that Committee establishing its Rules of Procedure

EXPLANATORY MEMORANDUM

This proposal concerns the decision establishing the position to be taken on the Union’s behalf in the Joint Committee established under the Protocol to the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) regarding the international regular and special regular carriage of passengers by coach and bus ¹ (hereinafter referred to as ‘the Protocol’), in connection with the envisaged adoption of a decision of that Committee establishing its Rules of Procedure.

The Interbus Agreement on the international occasional carriage of passengers by coach and bus ²  (hereinafter referred to as ‘the Interbus Agreement’) aims to provide for harmonised liberalisation of certain international occasional services by coach and bus. It entered into force on 1 January 2003. The European Union is a Contracting Party to the Agreement ³ , together with the Republic of Albania, the Principality of Andorra, Bosnia and Herzegovina, the Republic of Moldova, Montenegro, the Republic of North Macedonia, the Republic of Serbia, the Republic of Türkiye, Ukraine, and the United Kingdom.

The Protocol to the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) regarding the international regular and special regular carriage of passengers by coach and bus (hereinafter referred to as ‘the Protocol’) enlarges the scope of the Interbus Agreement, by way of provisions establishing procedures for regular and special regular services subject to authorisation. It entered into force on 1 October 2024 for the European Union ⁴ , the Republic of Moldova and Bosnia and Herzegovina. The Republic of Albania, the United Kingdom and Ukraine subsequently ratified the Protocol with effect from, respectively, 1 March 2025, 1 April 2025 and 1 May 2025.

The establishment of such Rules of the Procedure of the Joint Committee is consistent with EU transport policy, since it will significantly facilitate the application of the Protocol.

For consistency, the Rules of Procedure of the Joint Committee established under the Protocol should correspond closely, with the necessary adaptations, to those of the Joint Committee established under the Interbus Agreement ⁵ .

The position to be taken on behalf of the Union within the Joint Committee established under the Protocol should therefore be to adopt the envisaged Rules of Procedure, based on the draft Decision of the Joint Committee attached to this Decision.

As the European Union is a party to the Protocol, the matter falls under the external exclusive competence of the Union.

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’ ⁶ .

The Joint Committee is a body set up by an agreement, namely the Protocol to the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) regarding the international regular and special regular carriage of passengers by coach and bus.

The act which the Joint Committee is called upon to adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Article 18(2) of the Protocol, read in conjunction with Article 24(3) of the Interbus Agreement.

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.

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. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

The main objective and content of the envisaged act relate to the common transport policy in the field of road.

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

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

As the act of the Joint Committee will establish its Rules of Procedure, it is appropriate to publish it in the Official Journal of the European Union after its adoption.

on the position to be adopted, on behalf of the European Union, within the Joint Committee established under the Protocol to the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) regarding the international regular and special regular carriage of passengers by coach and bus, as regards draft Decision No x/xxxx of that Committee establishing its Rules of Procedure

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,

Whereas:

1. The Interbus Agreement on the international occasional carriage of passengers by coach and bus (hereinafter referred to as the ‘Interbus Agreement’) was concluded by the Union by Council Decision 2002/917/EC ⁷ and entered into force on 1 January 2003.

2. The Protocol on the international regular and special regular carriage of passengers by coach and bus (hereinafter referred to as ‘the Protocol’) to the Interbus Agreement was concluded by the Union by Council Decision (EU) 2023/911 ⁸ and entered into force on 1 October 2024.

3. Pursuant to Article 23(3) of the Interbus Agreement, applicable by virtue of Article 18(1) of the Protocol, the Joint Committee is to adopt its own Rules of Procedure.

4. The Joint Committee established under the Protocol, during its next meeting, is to adopt a decision establishing its own Rules of Procedure. 

5. It is appropriate to establish the position to be taken on the Union’s behalf in the Joint Committee, as the Decision to be adopted by that committee will be binding on the Union 

6. The establishment of the Rules of the Procedure of the Joint Committee will facilitate the application of the Protocol. Such rules should correspond closely, with the necessary adaptations, to the Rules of Procedure of the Joint Committee established under the Interbus Agreement ⁹ .

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf at the next meeting of the Joint Committee established under Article 18(1) of the Protocol on the international regular and special regular carriage of passengers by coach and bus to the Interbus Agreement as regards the adoption of its Rules of Procedure shall be based on the draft Decision of the Joint Committee attached to this Decision.

Article 2

Minor changes to draft Decision of the Joint Committee on the adoption of its Rules of Procedure may be agreed by the representatives of the Union at the Joint Committee without further decision of the Council.

Article 3

This Decision is addressed to the Commission.

Done at Brussels,

ANNEX

Decision No x/xxxx of the Joint Committee established under the Protocol to the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) regarding the international regular and special regular carriage of passengers by coach and bus

of [ADD DATE]

establishing its Rules of Procedure

Having regard to the Protocol on the international regular and special regular carriage of passengers by coach and bus ¹  to the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) ² , and in particular Article 18 thereof.

Whereas:

1. Article 18(1) of the Protocol on the international regular and special regular carriage of passengers by coach and bus (hereinafter referred to as ‘the Protocol’) establishes a Joint Committee made up of representatives of the Contracting Parties in order to facilitate the management of the Protocol.

2. In accordance with Article 18(2) of the Protocol, Articles 23 and 24 of the Interbus Agreement on the international occasional carriage of passengers by coach and bus (hereinafter referred to as the ‘Interbus Agreement’) should apply mutatis mutandis to the Joint Committee established under the Protocol.

3. The Joint Committee established under the Protocol should therefore adopt its Rules of Procedure, pursuant to Article 18(2) of the Protocol and Article 23(3) of the Interbus Agreement. The Rules of Procedure of the Joint Committee established under the Protocol should correspond, with the necessary adaptations, to the Rules of Procedure of the Joint Committee established under the Interbus Agreement ³ ,

HAS DECIDED AS FOLLOWS:

Article 1

The Rules of Procedure of the Joint Committee, as set out in the Annex to this Decision, are hereby adopted.

Article 2

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

Done at Brussels, [ADD DATE]

For the Joint Committee:

       The Chairperson                    The Secretary

ANNEX

Rules of Procedure of the Joint Committee established under the Protocol to the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) regarding the international regular and special regular carriage of passengers by coach and bus

Article 1

Name of Joint Committee

The Joint Committee established under Article 18 of the Protocol to the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) regarding the international regular and special regular carriage of passengers by coach and bus (hereinafter referred to as ‘the Protocol’) shall hereinafter be referred to as ‘the Committee’.

Article 2

Chairpersonship

1.    The Committee shall be chaired by the head of the Union delegation, or where necessary his/her deputy, both of which shall be representatives of the European Commission (hereinafter referred to as ‘the Commission’), on behalf of the European Union.

2.    The Chairperson shall direct the work of the Committee.

Article 3

Delegations

1.    The Contracting Parties for which the Protocol has entered into force (hereinafter referred to as ‘the Parties’) shall appoint their representatives to the Committee. The Union delegation shall be made up of representatives of the Commission, assisted by representatives of the Member States.

2.    Each Party shall appoint the head and, where necessary, deputy head of its delegation.

3.    Each Party may appoint new representatives to the Committee. The Secretary of the Committee shall be informed forthwith in writing of any such changes.

4.    Representatives of the General Secretariat of the Council of the European Union may take part as observers in the meetings of the Committee. The Chairperson, with the agreement of the other heads of delegation, may invite persons who are not members of delegations to attend a meeting of the Committee in order to provide information on specific subjects.

5.    At least one week before the meeting, the Parties shall notify the Secretary of the Committee of the composition of their delegation.

Article 4

Secretariat

1.    A representative of the Commission shall provide the Secretariat for the Committee. The Secretary shall be appointed by the Chairperson of the Committee and shall carry out his/her duties until a new Secretary is appointed. The Chairperson shall notify the name and details of the Secretary to the other Parties.

2.    The Secretary shall be responsible for communication between the delegations, including the transmission of documents, and shall supervise secretarial duties.

Article 5

Meetings of the Committee

1.    The Committee shall meet at the request of at least one Party. It shall be convened by the Chairperson.

2.    The Chairperson shall send the notice of the meeting, together with the draft agenda and the meeting documents, to the heads of the other delegations at least 15 working days before the beginning of the meeting.

3.    A Party may request the Chairperson to shorten the period of notice referred to in paragraph 2 to take account of the urgency of a particular matter.

4.    Unless otherwise decided by the heads of delegation, the meetings of the Committee shall not be public.

5.    The Committee shall meet in Brussels, unless the Parties agree to meet elsewhere or remotely.

Article 6

Agenda

1.    The Chairperson, assisted by the Secretary, shall draw up the draft agenda for each meeting and shall fix the date and venue of the meeting after consulting the heads of the other delegations. The Chairperson shall send the provisional agenda to the other heads of delegation at least 15 working days before the beginning of the meeting. The agenda shall be accompanied by all the necessary working documents.

2.    The period of notice laid down in paragraph 1 shall not apply to urgent meetings convened in accordance with Article 5(3).

3.    Each Party may propose one or more items to be added to the provisional agenda at the latest 24 hours before the beginning of the meeting. Requests to have items added to the agenda shall be sent in writing to the Chairperson, indicating the reason thereto.

4.    At the beginning of the meeting, the Committee shall adopt the agenda. The Committee may decide to add to the agenda any item that is not contained in the provisional agenda.

Article 7

Adoption of acts

1.    The decisions of the Committee shall be adopted by unanimous vote of the parties represented, in accordance with Article 23(5) and (6) of the Interbus Agreement. The recommendations, and in particular those referred to in Article 24(2)(g) of the Interbus Agreement, applicable mutatis mutandis to the Committee, shall be taken by consensus between the delegations of the parties represented. The decisions and recommendations shall bear the title ‘Decision’ or ‘Recommendation’ followed by a serial number, the date of their adoption and an indication of their content.

2.    The decisions and recommendations of the Committee shall bear the signature of the Chairperson and the Secretary. They shall be sent by the Secretary to the other heads of delegation.

3.    Each Party may decide to publish any act adopted by the Committee.

4.    The acts of the Committee may be adopted by written procedure where this has been agreed by the heads of delegation. The Chairperson shall submit the draft act to the other heads of delegation who shall indicate in reply whether or not they accept the draft, whether they propose amendments to the draft or whether they require more time to consider it. If the draft is adopted, the Chairperson shall finalise the decision or recommendation in accordance with paragraphs 1 and 2 above.

5.    The recommendations and decisions shall be drawn up in English, French and German, these texts being equally authentic. Each Party shall be responsible for the correct translation of decisions and recommendations into its official language or languages. Translation into other Union languages shall be carried out by the Commission.

Article 8

Minutes

1.    The Secretary shall draw up, under the responsibility of the Chairperson, draft minutes of each meeting of the Committee within 15 working days following the meeting.

2.    The minutes, as a general rule, shall indicate in respect of each item on the agenda:

— details of the documents submitted to the Committee,

— statements which a Party has asked to be recorded,

— decisions taken, recommendations made, and conclusions adopted.

3.    The draft minutes shall be submitted to the Committee for approval in accordance with the written procedure referred to in Article 7(4). If this procedure is not completed, the minutes shall be adopted by the Committee at its next meeting.

4.    Once adopted by the Committee, the minutes shall be signed by the Chairperson and the Secretary and kept by the Secretary. A copy shall be sent by the Secretary to the other heads of delegation.

Article 9

Confidentiality

Notwithstanding the provision on the publication of acts laid down in Article 7(3), the deliberations of the meetings and the documents of the Committee shall be governed by professional secrecy.

Article 10

Expenses

1.    Each Party shall bear the expenses it incurs in taking part in the meetings of the Committee.

2.    The Committee shall decide on the reimbursement of expenses connected with missions assigned to persons called in by the Chairperson in accordance with Article 3(4).

Article 11

Correspondence

All correspondence with or from the Chairperson of the Committee shall be sent to the Secretary of the Committee. The Secretary shall send a copy of all correspondence relating to the Protocol to all delegations.

Article 12

Languages

The languages used in meetings of the Committee and in documents shall be decided by the Committee. There shall be no obligation on the Party hosting the meeting to provide interpretation for other languages.