29.8.92 Official Journal of the European Communities No L 251/1 (Acts whose publication is obligatory) Council Regulation (EEC) No 2454/92 of 23 July 1992 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas, pursuant to Article 75 (1) (b) of the Treaty, the establishment of a common transport policy entails, inter alia, laying down the conditions under which non-resident carriers may operate national transport services within a Member State; Whereas that provision entails the removal of all restrictions against a person providing the services in question on the grounds of his nationality or the fact that he is established in a Member State other than that in which the service is to be provided; whereas its implementation should be gradual; ' Whereas non-resident carriers should be given free access to certain types of special regular transport services effected in the Member States’ frontier zones, when the carrier’s place of establishment is near enough to ensure continuity of the service in an appropriate fashion, in particular with a view to the safety of the persons transported; (1) O] No C 77, 24. 3. 1987, p. 13. and O] No C 301, 26. 11. 1988, p. 8 (2) O] No C 94, 11. 4. 1988, p. 125. (3) OJ No C 356, 31. 12. 1987, p. 60. Whereas, at this stage, other regular services which have not been established as fulfilling the above criteria should be excluded from the scope of the Regulation; whereas this situation should be reviewed in the future; Whereas the provisions of the host Member State applicable to cabotage transport operations should be fixed; Whereas provisions should be adopted so that action can be taken in the event of serious disturbance of the transport markets affected; Whereas it is desirable that Member States should grant each other mutual assistance with a wiew to the sound application of this Regulation, particularly in respect of penalties applicable in the event of infringements; Whereas it is for the Member States to adopt the measures necessary for the implementation of this Regulation; Whereas The application of this Regulation should be monitored by means of a report to be submitted by the Commission and any future action in this area should be considered in the light of that report, HAS ADOPTED THIS REGULATION: Article 1 Any carrier who operates road passenger transport services for hire or reward who: — is established in a Member State, hereinafter referred to as the ‘Member State of establishment’ in accordance with its legislation , and — is authorized, in that State, in accordance with relevant Community law, to pursue the occupation of road passenger transport operator in international transport operations,