My Lords, the regulations that we are considering will be made under powers in the European Union (Withdrawal) Act 2018 and will be needed in the event of no deal. This instrument amends the retained EU legislation governing access to the international passenger transport market
and associated domestic implementing legislation to deal with deficiencies that would otherwise exist when the UK leaves the EU.
EU regulation 1073/2009 establishes the conditions for the international carriage of passengers by coach and bus within the EU and cabotage within member states by non-resident EU operators. It covers regular timetabled services and occasional services such as holidays and tours. It establishes for this purpose a system of Community licences, which act as the international bus and coach licences used within the EU, and enables these licences to be issued by the competent authorities of member states.
Section 3 of the withdrawal Act will preserve EU regulation 1073/2009 in domestic law, and Section 2 will preserve implementing domestic legislation, including the Public Passenger Vehicles Act 1981 and the Road Transport (International Passenger Services) Regulations 2018. This SI adjusts the language and references in those pieces of retained legislation, and five other pieces of legislation, to recognise that the UK is no longer a member state.
The SI also amends the retained UK version of regulation 1073/2009 to allow EU-based operators to continue to access the UK market in a no-deal scenario on a unilateral basis by means of the recognition of Community licences and control documents—other than new authorisations for regular services—issued by EU authorities under EU legislation. Existing authorisations for international regular services into the UK will continue to be recognised to avoid any additional administrative burden for operators.
This SI also covers Northern Ireland in its territorial extent. The devolved Administration have to make some consequential changes to their devolved legislation, and that is subject to a separate instrument.
The retained regulation 1073/2011 will apply only to EU-based operators. In the event of no deal, UK operators will be able to continue to access the EU market through accession to the Interbus agreement. This is an EU multilateral agreement that allows bus and coach operators to carry out occasional services between the participating countries—currently, the EU and seven other contracting parties in eastern Europe. At present, the UK is party to the agreement through its EU membership. Although the agreement currently covers only occasional services it is being extended to cover regular services, but this process has not yet concluded.
As part of contingency planning for no deal, the Government have deposited their instrument of accession to the Interbus agreement. This means that the UK will become a contracting party to the agreement in its own right. Due to the way the rules of the Interbus agreement apply, this will happen on 1 April. The Government are currently working closely with the European Commission to agree a way to close the two-day gap if we leave without a deal on 29 March.
In acknowledgment of the fact that the extension of the Interbus agreement to regular services will not be in place by exit day, the European Commission has extended the scope of its measure for an EU regulation on common rules ensuring basic road freight connectivity
to include regular passenger services. This regulation was formally adopted by EU Ministers on Tuesday and will apply to UK passenger transport operators running regular services to and from the EU for the first nine months after exit, if we should leave without a deal. The Commission’s proposal is based on the UK reciprocating, and the draft regulations that we are considering today will reciprocate those conditions for EU operators in the UK.
Coach travel provides a low-cost, safe and environmentally friendly way to travel. Coaches from continental Europe bring in some 1.6 million visitors each year, and in Northern Ireland travel across the border is a commonplace daily activity, with 900,000 journeys per annum. These regulations allow for the continuation of EU bus and coach services in the UK and reciprocate the EU regulation so that UK regular services can continue to operate to and from the EU.
These regulations are essential to support our tourism industry and to ensure that international services can continue to run. I beg to move.