By analogy with the case-law on public procurement and concessions which provides that the in-house operator’s activities should not be ‘market-oriented’ (22), the condition of Article 5(2)(b) that ‘the internal operator [.] perform their public passenger transport activity within the territory of the competent local authority, [.] and do not take part in competitive tenders concerning the provision of public passenger transport services organised outside the territory of the competent local authority’ should be interpreted as follows: the internal operator or the entity influenced by the internal operator must not operate public passeng ...[+++]er transport services, including as a subcontractor, or participate in tender procedures outside the competent authority’s territory within the Union or, due to a possible indirect effect on the internal market, elsewhere in the world.

- the size of the passenger flows at authorized border crossing points, affecting the ability to ensure an efficient management of flows;

Certain constant elements, could, however be weighted, inter alia to take into account the risks and threats at external borders, the relative work load at consular offices or the size of the passenger flows at authorized border crossing points.

International transport (freight and passengers) CPC 7211 and 7212 less cabotage transport | 1 (a)Liner shipping: none(b)Bulk, tramp, and other international shipping, including passenger transportation; none2.None3 (a)Establishment of registered company for the purpose of operating a fleet under the national flag of the State of establishment: unbound for all Member States except LV and MT: None(b)Other forms of commercial presence for the supply of international maritime transport services (as defined below under Definitions concerning maritime transport): none4 (a)Ships' crews: unbound(b)Key personnel employed in relation to a commer ...[+++]cial presence as defined under mode 3(b) above: Unbound except as indicated in the horizontal section under (i) and (ii) | 1 (a)Mode 1 (a) Liner trade: none, other than the exceptional case where a Member States would have to enforce EC Regulation 954/79, article 2, par. 2 (b)None2.None3 (a)Unbound for all Member States except LV and MT: None(b)None4 (a)Unbound except as indicated in the horizontal section under (i) and (ii)(b)Unbound except as indicated in the horizontal section under (i) and (ii) | See footnote [57] |

(22) The requirements for passenger services may often conflict with the requirements for freight; the requirements for passenger services may result in a network which is more costly to build and maintain than one designed solely for freight; the increasing speed differential between freight and passenger rolling stock can lead to an exacerbation of the conflict between these two types of traffic.

(22) The requirements for passenger services may often conflict with the requirements for freight; the requirements for passenger services may result in a network which is more costly to build and maintain than one designed solely for freight; the increasing speed differential between freight and passenger rolling stock can lead to an exacerbation of the conflict between these two types of traffic.