BREXIT – What if there is no deal? Bus and coach operators and the EU.

In the second of our “BREXIT – what if there is no deal?” series, we look at the implications for bus and coach operators entering mainland Europe, by examining the relevant technical notice published in September 2018 by the DfT which sets out what it plans to put in place.

Introduction
Should the United Kingdom exit the European Union (“EU”) in March 2019, without having negotiated “a deal”, then there are likely to be some barriers faced by bus and coach companies regarding access to the continental market. The purpose of this article is to outline such potential barriers and how operators might be able to prepare their business.

Before 29 March 2019
The date the United Kingdom is due to exit the EU is 29 March 2019. After this date, the UK will no longer be part of the EU, regardless of whether there is a deal in place to manage the relationship or not.

At the moment, however, operators need a Community Licence and Standard International Operator’s Licence to operate on the continent. The drivers for these companies must also carry a Certificate of Professional Competence (“CPC”) when driving in EU countries. Holding these licences allow an operator to run services in the EU and partake in a certain amount of cabotage. This is, unlikely to remain the case after the UK exit the EU.

Currently, the UK also participates in the Interbus Agreement, something that the EU enters into as a whole and thus, by proxy, each individual Member State as well. This agreement allows operators to carry out occasional services within the EU, as well as Albania, Bosnia-Herzgovina, Former Yugoslav Republic of Macedonia, Moldova, Montenegro, Turkey and Ukraine.

Whilst the Interbus Agreement permits occasional services, it does not provide for regular services, nor does it permit any cabotage. It is hoped that after the UK’s exit from the EU, the Interbus Agreement will be extended to cover special and regular services, however this has not taken affect yet, nor is there much information about the progress of these negotiations.