CONFÉRENCE EUROPÉENNE DES MINISTRES DES TRANSPORTS
EUROPEAN CONFERENCE OF MINISTERS OF TRANSPORTCONSOLIDATED RESOLUTION No. 00/1 CONCERNING THE RULES TO BE APPLIEDFOR INTERNATIONAL FREIGHT TRANSPORT BY ROAD
[CM(2000)10/FINAL]

Chapter I -- Scope of application and definitions
1.

Scope of application

The present Resolution applies to the right to take up and pursue the occupation ofinternational road freight haulier on the territories of ECMT Member countries. It does not prejudice
the implementation of other resolutions in the fields of road traffic, particularly in respect of weights
and dimensions and of combined transport1.
2.

Definitions
In this Resolution:-"freight transport undertaking" means any natural person, any legal person, whether profitmaking or not, any association or group of persons without legal personality, whether profitmaking or not, or any official body, whether having its own legal personality or being
dependent upon an authority having such personality, which has as object the exercise of theoccupation of road freight transport operator;-"occupation of international road haulage transport operator" means the activity of any
undertaking that transports goods by road for hire or reward by means of either a selfcontained motor vehicle or a combination of coupled vehicles;-"competent authority" means the authority in a Member country of ECMT which is competentin the area covered by this Resolution;-"vehicle" means a motor vehicle registered in a Member country, or a combination of coupled
vehicles in which at least the motor vehicle is registered in a Member country, intended for thecarriage of goods. The vehicle can be the property of the transport undertaking or can be put at
its disposal through a hiring or leasing contract;-"vehicle hired" means any vehicle which, for remuneration and for a given period, is held by
an undertaking that engages in the carriage of goods by road for hire or reward or for its own
account by virtue of a hiring or leasing contract with the undertaking that owns the vehicle.

-"international transport operations" means the runs by a vehicle, either loaded or unloaded:
1. with the points of departure and destination in two different Member countries, with orwithout transit through one or more Member or non Member countries;
2. departing from a Member country to a destination in a non Member country or vice versa,
with or without transit through one or more Member or non Member countries;
3. between non Member countries and involving transit through the territory of one or more
Member countries.

1.

Cf. ECMT Resolution CEMT/CM(94)13/Final on the promotion of Combined Transport adopted in
Annecy in May 1994.

-"transport on own account" is when the goods carried are the property of the undertaking or havebeen sold, bought, let out on hire or hired, produced, extracted, processed or repaired by theundertaking. The purpose of the transport must be to carry the goods to or from the undertaking
or to move them, either inside the undertaking or outside for its own requirements. The motor
vehicles used for such carriage must be driven by employees of the undertaking and must beowned by the undertaking or put at its disposal through a hiring or leasing contract. The
transport must be an ancillary activity of the undertaking.

Chapter II -- Admission to the occupation of international transport operator21.

Background1.1
To engage in the activity of international road haulage, transport undertakings must first belicensed to operate by the competent authority of the country in which they are established.
1.2
Freight transport undertakings that submit an application to engage in the activity ofinternational road haulage shall provide evidence and demonstrate throughout the whole period of
their activity that:a) they are of good repute;b) they have adequate financial standing;c) they meet the requirements for professional competence.
Where the applicant is a natural person and does not satisfy requirement c), the competentauthorities may nevertheless permit him to engage in the occupation of international road freight
operator provided that he designates to the said authorities another person, satisfying requirements a)and c) above, who will effectively and continuously manage the transport operations of theundertaking on an on-going basis.
Where the applicant is not a natural person, requirements a) and c) shall be met by the person
or persons who will effectively manage the transport operations of the undertaking on an on-goingbasis.
1.3
The "good repute" requirement shall be considered to have been met if the natural person orpersons who are deemed to satisfy it under paragraph 1.2:-

have not been convicted of serious criminal offences, including offences of a commercialnature;
have not been declared unfit to pursue the occupation of transport operator;
have not been convicted of serious breaches of labour law, transport legislation, and inparticular rules governing, driver’s driving time and rest periods, or of legislation governing
road traffic, vehicle safety and environment protection in particular.

The "good repute" requirement shall also be considered to be met if the person or persons inquestion have been rehabilitated.
1.4
The "financial standing" requirement shall consist of having available sufficient resources toensure that the undertaking is properly set up and managed.
In assessing financial standing, the competent authority shall consider: an undertaking’s
annual accounts; if applicable, its available funds, including bank deposits and overdraft and2.

Switzerland entered a reservation on the whole chapter.

2borrowing capacity; assets, including goods that the undertaking could pledge as security; expenses,including the purchase price or initial instalment for the purchase of vehicles; premises; facilities;equipment; and working capital.
An undertaking should have no less than the minimum required within the European Union
in capital and reserves per vehicle used3. In case an ECMT Member country, not belonging to theEuropean Union is not able to implement such minima, it should communicate to the Secretariat,
within 3 months following the adoption of the present Resolution, the time periods necessary for it toimplement them gradually. These periods should in any case not exceed 5 years.
The competent authority may accept or require, as proof, confirmation or assurance provided
by a bank or other duly qualified establishment. Such confirmation or assurance may be provided in
the form of a bank guarantee, if appropriate as collateral or a surety, or by any other similar means.
1.5“Professional competence” should consist of possessing sufficient knowledge to engage
properly and viably in the occupation of international road haulier, including, as a minimum,
knowledge of the following subjects:-commercial and financial business administration;technical standards and operations;road safety;
access to markets;elements of company law;elements of social and labour law;elements of civil law;elements of fiscal law.

The professional competence requirement is demonstrated by passing a compulsory written
examination, which may be supplemented by an oral examination, organised by the Authority or Body
designated for this purpose by the Member country.
In setting the level of training and stipulating the areas of knowledge required to prove
professional competence, the competent authorities of ECMT Member countries not belonging to theEuropean Union shall, to the fullest possible extent, be inspired by and take account of the relevant
acquis communautaire.
However, natural persons furnishing proof that before the introduction of the system, they
were licensed in an ECMT Member country to engage in the occupation of international road haulier
shall be exempt from the requirement to furnish proof that they satisfy the provisions laid down inparagraph 1.2c). The provision shall apply to natural persons who have managed the transport
operations of an undertaking.
2.

Withdrawal of licences to operate as an international road freight haulier

Member countries shall ensure that the competent authorities withdraw the licence to pursue
the occupation of international road haulier if they establish that the provisions of paragraph 1.2 a), b)or c) are no longer satisfied. In the case where 1.2b) is not satisfied, the undertaking will be allowed
not more than one year to present a financial plan showing that financial standing will be sustainably
fulfilled in the foreseeable future. In the case where 1.2c) is not satisfied, the undertaking will beallowed not more than one year for a replacement to be appointed.

3.

Minima required within the European Union (Directive 98/76/EEC adopted by the Council on1.10.1998):-- 1st vehicle: 9 000 euros-- any supplementary vehicle: 5 000 euros.

3Chapter III -- Access to ECMT Member country market for road freight transport services
1.

General Provisions

Without prejudice to the conditions governing the ECMT multilateral quota, Membercountries may apply a bilateral regime of permits, with or without quotas.
2.

Liberalised Transport

In order to facilitate international transport in the ECMT Member countries and to achieve abetter use of vehicles, the following categories of transport are exempted from multilateral andbilateral transport permit requirements:
1)
The transport of goods by motor vehicles whose Total Permissible Laden Weight (TPLW),
including trailers, does not exceed 6 tonnes, or when the permitted payload, including trailers, does notexceed 3.5 tonnes4.
2)
The transport of goods on an occasional basis, to or from airports, in cases where services
are diverted.
3)
The transport of vehicles which are damaged or have broken down and the movement ofbreakdown repair vehicles.
4)
Unladen runs by a goods vehicle sent to replace a vehicle, which has broken down in anothercountry, and also the return run, after repair, of the vehicle that had broken down5.
5)Transport of livestock in vehicles purpose-built or permanently converted for the transport oflivestock and recognised as such by the Member countries’ Authorities concerned.6
6)

Transport of spare parts and provisions for ocean-going ships and aircraft7.

7)
Transport of medical supplies and equipment needed for emergencies, more particularly inresponse to natural disasters and humanitarian needs.
8)

Transport for non-commercial purposes of works and objects of art for fairs and exhibitions.

9)Transport for non-commercial purposes of properties, accessories and animals to or fromtheatrical, musical, film, sports or circus performances, fairs or fetes, and those intended for radio
recordings, or for film or television production.
10)

The transport of goods on own account.8

11)

Funeral transport.

12)

Postal transport carried out as a public service9.

4.
5.

Austria, Finland and Italy entered a reservation under item 1).
The Russian Federation entered a reservation under item 4).
Austria,
FrancePolandentered athe Czech Republic, Estonia,, Hungary,, the Russian Federation and Switzerland
reservation
5 .
under item )The Czech Republic and the Russian Federation entered a reservation under item 6).
Austria,
France, Hungary, Italy, Lithuania, Poland, Portugal
Belarus, the Czech Republic, Estonia, Finland,, the Russian Federationand Turkey entered a reservation
under item 10).

6.

7.
8.

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3.

Permit and Authorisation regimes

3.1.
When a journey is undertaken using a coupled combination of vehicles, the permit isobtained from the competent authority in the country in which the tractor is registered. This permit
covers the coupled combination of vehicles, even if the trailer or the semi-trailer is not registered in
the name of the holder of the permit, or is registered in another Member country.
3.2.
Transport of goods of abnormal weight or dimensions is subject to special authorisations
from the competent authorities of the countries where the transport is carried out.
3.3.
Removals carried out by undertakings with special staff and equipment for this purpose are
not subject to quota, but are subject to special authorisation10.

Chapter IV -- Social provisions
Member countries will apply the provisions of the European Agreement concerning theWork of Crews of Vehicles Engaged in International Road Transport (AETR) of 1 July 1970(Geneva), as amended subsequently. The Member countries, which have not yet adhered to the AETR
agreement, should apply the equivalent provisions in the interim. Enforcement procedures, inparticular as far as controls are concerned, on the road and in enterprises, should aim to conform to theprovisions set out in EC Directive 88/599.

Chapter V -- Fiscal provisions
1.
Without prevailing on fiscal provisions relating to international road freight transport
operations as they exist in ECMT Member countries, especially as far as the nature, the amount or thedefinition of each fiscal provision is concerned, ECMT Member countries will implement those fiscal
provisions in a transparent manner without discrimination towards international road freight hauliers,
established in an ECMT Member country.
2.
Information between ECMT Member countries relating to fiscal provisions applied tointernational road haulage on their territories will be put in place. The Secretariat will provide everyyear a comprehensive document informing on fiscal provisions applied to international road haulage inevery ECMT Member country. Information about changes to be introduced in a Member country
during a year will be provided in separate documents.

Chapter VI -- Mutual assistance1.
Member countries should lend each other mutual assistance for the purpose of implementing
the present Resolution.
2.
The Member country, in which the offence is committed, shall provide the Member country
in which such a transport operator is established, with all the information in its possession concerning
the infringements and the penalties that have been imposed, which can lead to suspension of driving in
the former country. A request may be made of the competent Authorities in the Member country ofestablishment, that such measures as may be necessary be taken to ensure that the carrier, once again,
complies with the regulations governing access to the markets of the ECMT Member countries,
therefore avoiding any repetition of the offence.
9.
10.

Austria and Germany entered a reservation under item 12).
The ECMT model for the authorisation should then be used.

53.
In the event of any serious or repeated minor breaches of transport regulations in one ormore Member countries, the competent Authorities of the Member country in which the carrier having
committed those offences is established, may retract bilateral or multilateral transport licences. For
the carrier having committed serious infringements of transport regulations, the most stringent penalty
consists of the withdrawal of the authorisation to practise as an international road freight operator.

Chapter VII-- Final provisions
1.
Member countries reserve the right to withhold certain provisions contained in thisResolution from operators licensed in a Member country, which does not apply the principle ofreciprocity.
2.
The present Resolution does not affect European Union law, the provisions in the agreementon the European Economic Area or agreements between the European Union and non-EU countries
that are Members of the ECMT.
3.

This Consolidated Resolution shall replace ECMT Resolutions 44, 47, 53, 90/1 and 94/4.

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