Regulation (EC) No 1073/2009 of the European Parliament and of the CouncilShow full title

Article 2 U.K. Definitions

For the purposes of this Regulation, the following definitions shall apply:

1.

‘international carriage’ means:

(a)

a journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States, with [F1 transit through the United Kingdom and with] or without transit through one or more Member States or third countries;

(aa)

[F2 a journey undertaken by a vehicle the point of departure or the point of arrival of which is in the United Kingdom and the point of arrival or the point of departure of which is in a Member State, with or without transit through one or more Member States or third countries;]

(b)

a journey undertaken by a vehicle of which the point of departure and the point of arrival are in [F3 the United Kingdom or] the same Member State, while the picking up or setting down of passengers is in [F4 the United Kingdom or] another Member State or in a third country;

(c)

a journey undertaken by a vehicle from a Member State to a third country or vice versa, with [F5 transit through the United Kingdom and with] or without transit through one or more Member States or third countries; F6 ...

(cc)

[F7 a journey undertaken by a vehicle from the United Kingdom to a third country or vice versa, with transit through one or more Member States and with or without transit through one or more Member States or third countries; or]

(d)

a journey undertaken by a vehicle between third countries, with transit through [F8 the United Kingdom and] the territory of one or more Member States;

2.

‘regular services’ means services which provide for the carriage of passengers at specified intervals along specified routes, passengers being picked up and set down at predetermined stopping points;

3.

‘special regular services’ means regular services, by whomsoever organised, which provide for the carriage of specified categories of passengers to the exclusion of other passengers;

4.

‘occasional services’ means services which do not fall within the definition of regular services, including special regular services, and the main characteristic of which is the carriage of groups of passengers constituted on the initiative of the customer or the carrier himself;

5.

‘own-account transport operations’ means operations carried out for non-commercial and non-profit-making purposes by a natural or legal person, whereby:

• the transport activity is only an ancillary activity for that natural or legal person, and

• the vehicles used are the property of that natural or legal person or have been obtained by that person on deferred terms or have been the subject of a long-term leasing contract and are driven by a member of the staff of the natural or legal person or by the natural person himself or by personnel employed by, or put at the disposal of, the undertaking under a contractual obligation;

6.

F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7.

‘cabotage operations’ means either:

• F10 ... road passenger services for hire and reward carried out on a temporary basis [F11 in the United Kingdom] by a carrier [F12 established] in a F13 ... Member State, or

• the picking up and setting down of passengers within [F14 the United Kingdom by a carrier established in a] Member State, in the course of a regular international service, in compliance with the provisions of this Regulation, provided that it is not the principal purpose of the service;

8.

‘serious infringement of [F15 retained EU law relating to road transport or] Community road transport legislation’ means an infringement which may lead to the loss of good repute in accordance with Article 6(1) and (2) of Regulation (EC) No 1071/2009, and/or to the temporary or permanent withdrawal of a Community licence.

9.

[F16 ‘EU Regulation 1073/2009’ means Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (recast), as that Regulation has effect in EU law;

10.

‘EU Regulation 361/2014’ means 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, as that Regulation has effect in EU law;

11.

‘third country’ means a country other than the United Kingdom or a Member State.

Any reference in this Regulation to an EU instrument or to a particular provision of such an instrument:

(a)

is a reference to that instrument or provision as amended from time to time, and

(b)

if that instrument or provision is replaced, with or without modification, shall be construed as a reference to the instrument or provision replacing it.

The provisions of this Regulation shall, for the purposes of the EEA Agreement, be read with the following adaptations:

(a)

The licences issued by Iceland, Liechtenstein and Norway in accordance with EU Regulation 1073/2009, as adapted in Appendix 4 to Annex XIII of the EEA Agreement, as that Annex has effect in EU law, shall be recognised.

(b)

The text of Article 16(1)(e) shall be replaced by the following:

“VAT (value added tax) or turnover tax on transport services.”]

Textual Amendments

F1 Words in Art. 2(1)(a) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Art. 2(1)(aa) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 2(1)(b) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 2(1)(b) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 2(1)(c) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(iv)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Art. 2(1)(c) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(iv)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 2(1)(cc) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(v); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 2(1)(d) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(a)(vi); 2020 c. 1, Sch. 5 para. 1(1)

F9 Art. 2(6) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F10 Word in Art. 2(7) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(c)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 2(7) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(c)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F12 Word in Art. 2(7) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(c)(i)(cc); 2020 c. 1, Sch. 5 para. 1(1)

F13 Word in Art. 2(7) omitted (31.12.2020) by virtue of The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(c)(i)(dd); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 2(7) substituted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 2(8) inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

F16 Art. 2(9)-(11) and words inserted (31.12.2020) by The Common Rules for Access to the International Market for Coach and Bus Services (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/741), regs. 1(2), 5(3)(e); 2020 c. 1, Sch. 5 para. 1(1)