Common use of Authorisation procedure Clause in Contracts

Authorisation procedure. 1. Authorisations shall be issued in agreement with the competent authorities of all the Contracting Parties in whose territories passengers are picked up or set down. The authorising authority shall forward to such competent authorities, as well as to the competent authorities of Contracting Parties whose territories are crossed without passengers being picked up or set down, a copy of the application, together with copies of any other relevant documentation, and its assessment. In respect of the European Union, the competent authorities referred to in the first subparagraph shall be those of the Member States in whose territories passengers are picked up or set down and whose territories are crossed without passengers being picked up or set down. 2. The competent authorities of the Contracting Parties whose agreement has been requested shall notify the authorising authority of their decision regarding the application within four months. This time limit shall be calculated from the date of receipt of the request for agreement which is shown in the acknowledgement of receipt. If the decision received from the competent authorities of the Contracting Party whose agreement has been requested is negative, it shall contain a proper statement of reasons. If the authorising authority does not receive a reply within four months, the competent authorities consulted shall be deemed to have given their agreement and the authorising authority may grant the authorisation. The competent authorities of the Contracting Parties whose territories are crossed without passengers being picked up or set down may notify the authorising authority of their comments within the time limit laid down in the first subparagraph. 3. The authorising authority shall take a decision on the application no later than six months of the date of submission of the application by the carrier5. 4. Authorisation shall be granted unless: the applicant is unable to provide the service which is the subject of the application with equipment directly available to him; the applicant has not complied with national or international legislation on road transport, and in particular the conditions and requirements relating to authorisations for international road passenger services, or has committed serious infringements of a Contracting Party's road transport legislation in particular with regard to the rules applicable to vehicles and driving and rest periods for drivers; in the case of an application for renewal of authorisation, the conditions of authorisation have not been complied with; a Contracting Party decides on the basis of a detailed analysis that the service concerned would seriously affect the viability of a comparable service covered by one or more public service contracts conforming to the Contracting Party's law on the direct sections concerned. In such a case, the Contracting Party shall set up criteria, on a non-discriminatory basis, for determining whether the service applied for would seriously affect the viability of the abovementioned comparable service and shall communicate them to the other Contracting Parties referred to in Article 10(1); a Contracting Party decides on the basis of a detailed analysis that the principal purpose of the service is not to carry passengers between stops located in different Contracting Parties. In the event that an existing international coach and bus service seriously affects the viability of a comparable service covered by one or more public service contracts which conform to a Contracting Party's law on the direct sections concerned, due to exceptional reasons which could not have been foreseen at the time of granting the authorisation, a Contracting Party may, with the agreement of the other Contracting Parties referred to in Article 10(1), suspend or withdraw the authorisation to run the international coach and bus service after having given six months' notice to the carrier. The fact that a carrier offers lower prices than those offered by other road carriers or the fact that the link in question is already operated by other road carriers shall not in itself constitute justification for rejecting the application. 5. The authorising authority and the competent authorities of all the Contracting Parties involved in the procedure to reach the agreement provided for in paragraph 1 may refuse applications only on the basis of reasons provided for in this Protocol. 6. Having completed the procedure laid down in paragraphs 1 to 5, the authorising authority shall grant the authorisation or formally refuse the application. Decisions rejecting an application shall state the reasons on which they are based. Contracting Parties shall ensure that transport undertakings are given the opportunity to make representations in the event of their application being rejected. The authorising authority shall inform all competent authorities referred to in paragraph 1 of its decision and shall send them a copy of any authorisation.

Authorisation procedure. 1. Authorisations shall be issued in agreement with the competent authorities of all the Contracting Parties in whose territories passengers are picked up or set down. The authorising authority shall forward to such competent authorities, as well as to the competent authorities of Contracting Parties whose territories are crossed without passengers being picked up or set down, a copy of the application, together with copies of any other relevant documentation, and its assessment. In respect of the European Union, the competent authorities referred to in the first subparagraph shall be those of the Member States in whose territories passengers are picked up or set down and whose territories are crossed without passengers being picked up or set down. 2. The competent authorities of the Contracting Parties whose agreement has been requested shall notify the authorising authority of their decision regarding on the application within four 4 months. This time limit shall be calculated from the date of receipt of the request for agreement which is shown in the acknowledgement of receipt. If the decision received from the competent authorities of the Contracting Party whose agreement has been requested is negative, it shall contain a proper statement of reasons. If the authorising authority does not receive a reply within four 4 months, the competent authorities consulted shall be deemed to have given their agreement and the authorising authority may grant the authorisation. The competent authorities of the Contracting Parties whose territories are crossed without passengers being picked up or set down may notify the authorising authority of their comments within the time limit laid down in the first subparagraph. 3. The authorising authority shall take a decision on the application no later than six 6 months of the date of submission of the application by the carrier5carrier. 4. Authorisation shall be granted unless: the applicant is unable to provide the service which is the subject of the application with equipment directly available to him; the applicant has not complied with national or international legislation on road transport, and in particular the conditions and requirements relating to authorisations for international road passenger services, or has committed serious infringements of a Contracting Party's road transport legislation in particular with regard to the rules applicable to vehicles and driving and rest periods for drivers; in the case of an application for renewal of authorisation, the conditions of authorisation have not been complied with; a Contracting Party decides on the basis of a detailed analysis that the service concerned would seriously affect the viability of a comparable service covered by one or more public service contracts conforming to the Contracting Party's law on the direct sections concerned. In such a case, the Contracting Party shall set up criteria, on a non-discriminatory basis, for determining whether the service applied for would seriously affect the viability of the abovementioned comparable service and shall communicate them to the other Contracting Parties referred to in Article 10(1); a Contracting Party decides on the basis of a detailed analysis that the principal purpose of the service is not to carry passengers between stops located in different Contracting Parties. In the event that an existing international coach and bus service is seriously affects affecting the viability of a comparable service covered by one or more public service contracts which conform conforming to a Contracting Party's law on the direct sections concerned, due to exceptional reasons which could not have been foreseen at the time of granting the authorisation, a Contracting Party may, with the agreement of the other Contracting Parties referred to in Article 10(1), suspend or withdraw the authorisation to run the international coach and bus service after having given six 6 months' ’ notice to the carrier. The fact that a carrier offers lower prices than those offered by other road carriers or the fact that the link in question is already operated by other road carriers shall not in itself constitute justification for rejecting the application. 5. The authorising authority and the competent authorities of all the Contracting Parties involved in the procedure to reach the agreement provided for in paragraph 1 may refuse applications only on the basis of reasons provided for in this Protocol. 6. Having completed the procedure laid down in paragraphs 1 to 5, the authorising authority shall grant the authorisation or formally refuse the application. Decisions rejecting an application shall state the reasons on which they are based. Contracting Parties shall ensure that transport undertakings are given the opportunity to make representations in the event of their application being rejected. The authorising authority shall inform all competent the authorities referred to in paragraph 1 of its decision and shall send decision, sending them a copy of any authorisation.