Regulation (EU) 2020/2224 of the European Parliament and of the CouncilShow full title

Article 2 U.K. Definitions

For the purposes of this Regulation the following definitions apply:

(1)

‘vehicle’ means:

(a)

in respect of carriage of goods, a motor vehicle registered in the United Kingdom, or a coupled combination of vehicles the motor vehicle of which at least is registered in the United Kingdom, used exclusively for the carriage of goods, either owned by the undertaking, having been bought by it on deferred terms or having been hired, provided that, in the latter case, it meets the conditions set out in Directive 2006/1/EC of the European Parliament and of the Council(1);

(b)

in respect of the transport of passengers, a bus or coach;

(2)

‘permitted carriage of goods’ means:

(a)

a laden journey undertaken by a vehicle from the territory of the Union to the territory of the United Kingdom, or vice versa, with or without transit through one or more Member States or third countries;

(b)

following a laden journey from the territory of the United Kingdom to the territory of the Union, as referred to in point (a) of this point, the performance within seven days of the unloading within the territory of the Union of up to two additional operations of loading and unloading within the territory of the Union for a period of two months from the first day of application of this Regulation as referred to in the first subparagraph of Article 12(2), and one operation within seven days of the unloading within the territory of the Union, during the following three months;

(c)

a laden journey undertaken by a vehicle from the territory of the United Kingdom to the territory of the United Kingdom with transit through the territory of the Union;

(d)

an unladen journey in conjunction with the carriage referred to in points (a) and (c);

(3)

‘permitted carriage of passengers by coach and bus’ means:

(a)

a journey undertaken by a bus or coach to provide passenger transport from the territory of the Union to the territory of the United Kingdom, or vice versa, with or without transit through one or more Member States or third countries;

(b)

a journey undertaken by a bus or coach to provide passenger transport from the territory of the United Kingdom to the territory of the United Kingdom with transit through the territory of the Union;

(c)

a journey without carrying passengers in conjunction with the carriage referred to in points (a) and (b);

(d)

the picking up and setting down of passengers in the border region of Ireland in the course of international regular and special regular services between Ireland and Northern Ireland;

(4)

‘border region of Ireland’ means the counties of Ireland adjoining the land border between Ireland and Northern Ireland;

(5)

‘Union road haulage operator’ means an undertaking, engaged in the carriage of goods by road, that holds a valid Community licence, in accordance with Article 4 of Regulation (EC) No 1072/2009;

(6)

‘United Kingdom road haulage operator’ means an undertaking established in the United Kingdom which is permitted to engage in the carriage of goods by road and holds a valid licence issued for the purposes of international carriage in respect of permitted carriage of goods;

(7)

‘United Kingdom licence’ means, when issued to a United Kingdom road haulage operator, a licence issued by the United Kingdom for the purposes of international carriage in respect of permitted carriage of goods, and, when issued to a United Kingdom coach and bus service operator, a licence issued by the United Kingdom for the purposes of international carriage in respect of a permitted carriage of passengers by coach and bus;

(8)

‘bus or coach’ means a vehicle registered in the United Kingdom, which is, by virtue of its construction and equipment, suitable and intended to carry more than nine passengers including the driver;

(9)

‘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;

(10)

‘special regular services’ means regular services, regardless of who organises them, which provide for the carriage of specified categories of passengers, to the exclusion of other passengers;

(11)

‘Union coach and bus service operator’ means an undertaking, engaged in the carriage of passengers by coach and bus, which holds a valid Community licence in accordance with Article 4 of Regulation (EC) No 1073/2009;

(12)

‘United Kingdom coach and bus service operator’ means an undertaking established in the United Kingdom and which is permitted to engage in the carriage of passengers by coach and bus and holds a valid licence for the purposes of international carriage in respect of a permitted carriage of passengers by coach and bus;

(13)

‘operator’ means either a road haulage operator or a coach and bus service operator;

(14)

‘competition law’ means any law which addresses the following conduct, where it could affect road freight transport services or coach and bus services:

(a)

conduct that consists in:

(i)

agreements between road haulage operators or coach and bus service operators, respectively, decisions by associations of road haulage operators or by coach and bus service operators, and concerted practices which have as their object or effect the prevention, restriction or distortion of competition;

(ii)

abuses by one or more road haulage operators, or coach and bus service operators, of a dominant position;

(iii)

measures taken or maintained in force by the United Kingdom in the case of public undertakings and undertakings to which the United Kingdom grant special or exclusive rights and which are contrary to point (i) or (ii);

(b)

concentrations between road haulage operators or coach and bus service operators, respectively, which significantly impede effective competition, in particular as a result of the creation or strengthening of a dominant position;

(15)

‘subsidy’ means any financial contribution granted to an operator by the government or any other public body at any level, conferring a benefit, and including:

(a)

the direct transfer of funds, such as grants, loans or equity infusion, the potential direct transfer of funds, and the assumption of liabilities, such as loan guarantees, capital injections, ownership, protection against bankruptcy or insurance;

(b)

the foregoing or non-collection of revenue that is otherwise due;

(c)

the provision of goods or services other than general infrastructure, or the purchase of goods or services;

(d)

the making of payments to a funding mechanism or entrustment or direction to a private body to carry out one or more of the functions referred to in points (a), (b) and (c) which would normally be vested in the government or other public body and the practice in no real sense differs from practices normally followed by governments;

No benefit is deemed to be conferred by a financial contribution made by a government or other public body if a private market operator solely driven by the prospect of profit, in the same situation as the public body in question, would have made the same financial contribution;

(16)

‘independent competition authority’ means an authority which is in charge of the application and enforcement of competition law as well as the control of subsidies, and fulfils the following conditions:

(a)

the authority is operationally independent and is appropriately equipped with the resources necessary to carry out its tasks;

(b)

in performing its duties and exercising its powers, the authority has the necessary guarantees of independence from political or other external influence and it acts impartially;

(c)

the decisions of the authority are subject to judicial review;

(17)

‘discrimination’ means differentiation of any kind without objective justification in respect of the supply of goods or services, including public services, employed for the operation of road freight transport services or of coach and bus services, or in respect of their treatment by public authorities relevant to such services;

(18)

‘territory of the Union’ means the territory of the Member States to which the TEU and the TFEU apply and under the conditions laid down in those Treaties.

(1)

Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road (OJ L 33, 4.2.2006, p. 82).