1992R0881 — EN — 01.01.1993 — 000.001 — 1
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►B COUNCILREGULATION(EEC)No881/92
of26March1992
on access to the market in the carriage of goods by road within the Community to or from the
territory ofaMemberStateorpassingacrosstheterritory ofoneormoreMember States
(OJ L 95, 9.4.1992, p. 1)
Corrected by:
►C1Corrigendum, OJ L 213, 29.7.1992, p. 36 (881/92)
▼B
COUNCILREGULATION(EEC)No881/92
of26March1992
onaccesstothemarketinthecarriageofgoodsbyroadwithinthe
Communityto or from the territory ofa Member State or passing
acrosstheterritory ofoneormore MemberStates
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 the establishment of a common transport policy involves,
inter alia , laying down common rules applicable to access to the
market in the international carriage of goods by road within the terri-
tory of the Community; whereas those rules must be laid down insuch a way as to contribute to the attainment of the internal transportmarket;
Whereas these uniform arrangements for market access also involve
introducing the freedom to provide services by eliminating all restric-
tions imposed on the provider of services because of his nationality or
the fact that he is established in a Member State other than that inwhich the service is to be provided;
Whereas, as regards carriage from a Member State to a non-member
country and vice versa, implementation of the freedom to provideservices for the journey within the territory of the Member State of
loading or unloading should be deferred until appropriate agreements
with the non-member countries concerned have been concluded oramended, in order to guarantee compliance withth e principle of non-discrimination and equality of conditions of competition betweenCommunity carriers;
Whereas, following the Judgment of the Court of Justice of 22 May
1985 in Case 13/83(
4) and the conclusions adopted on 28 and 29 June
1985 by the European Council on the Commission communication onthe completion of the internal market, on 21 June 1988 the Counciladopted Regulation (EEC) No 1841/88(
5) amending Regulation (EEC)
No 3164/76 on access to the market in the international carriage ofgoods by road(
6);
Whereas under Article 4a of Regulation (EEC) No 3164/76 inserted by
Regulation (EEC) No 1841/88 from 1 January 1993, Communityquotas, bilateral quotas between Member States and quotas for transittraffic to and from non-member countries will be abolished for thetypes of carriage referred to in that Article, and arrangements foraccess to a market without quantitative restrictions based on qualitative
criteria which hauliers must meet will be introduced;
Whereas these qualitative criteria are laid down principally in Council
Directive 74/561/EEC of 12 November 1974 on admission to the occu-pation of road haulage operator in national and international transportoperations, as last amended by Council Directive 89/483/EEC of 21June 1989(
7);1992R0881 — EN — 01.01.1993 — 000.001 — 2
(1) OJ No C 238, 13. 9. 1991, p. 2.
(2) OJ No C 39, 17. 2. 1992.
(3) OJ No C 40, 17. 2. 1992, p. 15.
(4) ECR 1985, p. 1513.
(5) OJ No L 163, 30. 6. 1988, p. 1.
(6) OJ No L 357, 29. 12. 1976, p. 1. Regulation last amended by Regulation
(EEC) No 3914/90 (OJ No L 375, 31. 12. 1990, p. 7).
(7) OJ No L 308, 19. 11. 1974, p. 1. Directive last amended by Regulation
(EEC) No 3572/90 (OJ No L 353, 17. 12. 1990, p. 12).
▼B
Whereas pursuant to Article 4b of Regulation (EEC) No 3164/76, as
inserted by Regulation (EEC) No 1841/88, the Council must adopt themeasures necessary for the implementation of the aforementioned
Article 4a;
Whereas with regard to the rules for applying the access arrangements
the international carriage of goods by road must be made conditional
on the possession of a quota-free Community transport authorization;
Whereas at present, under the First Council Directive of 23 July 1962
on the establishment of common rules for certain types of carriage ofgoods by road between Member States(
1), a certain number of types of
carriage are exempt from any quota and carriage authorization system;
whereas, within the framework of the new organization of the marketintroduced by this Regulation, a system of exemption from Communityauthorization and from any other carriage authorization must be main-tained for some of those types of transport, because of their special
nature;
Whereas the conditions governing the issue and withdrawal of authori-
zations and the types of carriage to which they apply, their periods ofvalidity and the detailed rules for their use must be determined,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation shall apply to the international carriage of goods
by road for hire or reward for journeys carried out within the territoryof the Community.
2. In the event of carriage from a Member State to a non-member
country and vice versa, this Regulation shall apply to that part of anyjourney carried out within the territory of the Member State of loadingor unloading, after conclusion of the necessary agreement between theCommunity and the non-member country concerned.
3. Pending the conclusion of agreements between the Community
and the non-member countries concerned, this Regulation shall notaffect:
— provisions relating to the carriage referred to in paragraph 2
included in bilateral agreements concluded by Member States withthose non-member countries. However, Member States shall endea-
vour to adapt those agreements to ensure compliance with the
principle of non-discrimination between Community hauliers,
— provisions relating to the carriage referred to in paragraph 2
included in bilateral agreements concluded between Member Stateswhich either under bilateral authorizations or under liberalization
arrangements, allow loading and unloading in a Member State by
hauliers not established in that State.
Article 2
For the purposes of this Regulation:
—‘vehicle’ shall mean a motor vehicle registered in a Member State
or a coupled combination of vehicles the motor vehicle of which atleast is registered in a Member State and which are used exclu-sively for the carriage of goods,
—international carriage, shall mean:
— a journey undertaken by a vehicle the point of departure and the
point of arrival of which are in two different Member States,
with or without transit through one or more Member States ornon-member countries;1992R0881 — EN — 01.01.1993 — 000.001 — 3
(1) OJ No L 70, 6. 8. 1962, p. 2005/62. Directive last amended by Directive 84/
647/EEC (OJ No L 335, 22. 12. 1984, p. 72).
▼B
— a journey undertaken by a vehicle from a Member State to a
non-member country or vice versa, withor with out transitthrough one or more Member States or non-member countries;
— a journey undertaken by a vehicle between non-member coun-
tries, with transit through the territory of one or more MemberStates;
— an unladen journey in conjunction withsuchcarriage.
Article 3
1. International carriage shall be carried out subject to Community
authorization.
2. Community authorization shall be issued by a Member State, in
accordance withArticle 5 and 7, to any h aulier carrying goods by
road for hire or reward who:
— is established in a Member State, hereinafter referred to as the
‘Member State of establishment’ in accordance with the legislation
of that Member State,
— is entitled in that Member State, in accordance with the legislation
of the Community and of that State concerning admission to theoccupation of road haulage operator to carry out the internationalcarriage of goods by road.
Article 4
The Community authorization referred to in Article 3 shall replace the
document issued by the competent authorities of the Member State ofestablishment, where such a document exists, certifying that the haulier
has been granted access to the market in the international carriage of
goods by road.
For carriage falling within the scope of this Regulation it shall also
replace both the Community authorizations and the bilateral authoriza-tions exchanged between Member States which are necessary until this
Regulation comes into force.
Article 5
1. The Community authorization referred to in Article 3 shall be
issued by the competent authorities of the Member State of establish-
ment.
2. The Member States shall issue the holder with the original of the
Community authorization, which shall be kept by the haulage under-taking, and the number of certified true copies corresponding to thenumber of vehicles at the disposal of the holder of the Community
authorization, whether wholly owned or, for example, under hire
purchase, hire or leasing contracts.
3. The Community authorization shall correspond to the model set
out in of Annex I, which also lays down the conditions governing its
use.
4. The Community authorization shall be made out in the haulier's
name, he may not transfer it to any third party. A certified true copyshall be kept in the vehicle and must be produced whenever requiredby an authorized inspecting officer.
Article 6
The Community authorization shall be issued for a renewable period of
five years.
Article 7
Whenever an application for a Community authorization is lodged, not
more than five years after issue and subsequently at least every fiveyears, the competent authorities of the Member State of establishmentshall verify whether the haulier satisfies or still satisfies the conditionslaid down in Article 3 (2).1992R0881 — EN — 01.01.1993 — 000.001 — 4
▼B
Article 8
1. If the conditions laid down in Article 3 (2) are not satisfied, the
competent authorities of the Member State of establishment shall reject
an application for the issue or renewal of a Community authorization,
by means of a reasoned decision.
2. The competent authorities shall withdraw a Community authoriza-
tion where the holder:
— no longer satisfies the conditions laid down in Article 3 (2),
— has supplied incorrect information in relation to the data required
for the issue of a Community authorization.
3. In the event of serious infringements or repeated minor infringe-
ments of carriage regulations, the competent authorities of the MemberState of establishment of the haulier who has committed such infringe-ments may inter alia temporarily or partially suspend the certified true
copies of the Community authorization.
These sanctions shall be determined having regard to the seriousness of
the infringement committed by the holder of the Community authoriza-
tion and having regard to the total number of certified copies that he
holds in respect of international traffic.
Article 9
The Member States shall guarantee that the applicant or the holder of a
Community authorization is able to appeal against any decision by thecompetent authorities of the Member State of establishment to refuse orwithdraw an authorization.
Article 10
By 31 January each year Member States shall inform the Commission
of the number of hauliers possessing Community authorizations on 31
December of the previous year and of the number of certified truecopies corresponding to the vehicles in circulation at that date.
Article 11
1. The Member States shall give each other mutual assistance in
ensuring the application and monitoring of this Regulation.
2. Where the competent authorities of a Member State are aware of
an infringement of this Regulation attributable to a haulier fromanother Member State, the Member State within the territory of
►
C1which the infringement is ascertained ◄shall inform the
competent authorities of the Member State in which the haulier isestablished and may ask the competent authorities of the Member Stateof establishment to impose sanctions in accordance with this Regula-tion.
3. In the event of a serious infringement or repeated minor infringe-
ments of carriage regulations, the competent authorities of the Member
State in which the haulier is established shall examine the ways inwhich the sanctions provided for in Article 8 (3) are applied and shallcommunicate their decision to the competent authorities of the MemberState►
C1in which the infringements were ascertained. ◄
Article 12
The following shall be repealed:
— Council Regulation (EEC) No 3164/76,
— Article 4 of Council Directive 75/130/EEC of 17 February 1975 on
the establishment of common rules for certain types of combinedcarriage of goods between Member States(
1),1992R0881 — EN — 01.01.1993 — 000.001 — 5
(1) OJ No L 48, 22. 2. 1975, p. 31. Directive last amended by Directive 91/224/
EEC (OJ No L 103, 23. 4. 1991, p. 1).
▼B
— Council Directive 65/269/EEC of 13 May 1965 concerning the stan-
dardization of certain rules relating to authorizations for thecarriage of goods by road between Member States(
1),
— Council Decision 80/48/EEC of 20 December 1979 on the adjust-
ment of capacity for the carriage of goods by road for hire or
reward between Member States(2).
Article 13
The First Council Directive of 23 July 1962 is hereby amended as
follows:
1. the title shall be replaced by: ‘First Council Directive of 23 July
1962 on the establishment of common rules for certain types ofcarriage of goods by road’;
2. Article 1 shall be replaced by:
‘Article 1
1. Under the conditions laid down in paragraph 2, Member States
shall liberalize the types of international carriage of goods by roadfor hire or reward and on own account listed in the Annex wheresuch carriage is performed to or from or in transit through their
territory.
2. The types of carriage and unladen journeys made in conjunc-
tion with the carriage listed in the Annex shall be exempted fromCommunity authorization and from any carriage authorization’;
3. Annex II shall be deleted and the text of Annex I shall be replaced
by that appearing in Annex II to this Regulation.
Article 14
The Member States shall communicate to the Commission the
measures they take to implement this Regulation.
Article 15
This Regulation shall enter into force on the day following of its publi-
cation in the Official Journal of the European Communities .
It shall apply from 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1992R0881 — EN — 01.01.1993 — 000.001 — 6
(1) OJ No 88, 24. 5. 1965, p. 1469/65. Directive as last amended by Directive
85/505/EEC (OJ No L 309, 21. 11. 1985, p. 27).
(2) OJ No L 18, 24. 1. 1980, p. 21.
▼B
ANNEX I
‘ANNEX
1992R0881 — EN — 01.01.1993 — 000.001 — 7
▼B
’1992R0881 — EN — 01.01.1993 — 000.001 — 8
▼B
ANNEX II
‘ANNEX
Types of carriage to be exempted from any Community authorization and
fromanycarriage authorization
1. Carriage of mail as a public service.
2. Carriage of vehicles which have suffered damage or breakdown.3. Carriage of goods in motor vehicles the permissible laden weight of which,
including that of trailers, does not exceed six tonnes or the permissible
payload of which, including that of trailers, does not exceed 3,5 tonnes.
4. Carriage of goods in motor vehicles provided the following conditions are
fulfilled:
(a) the goods carried must be the property of the undertaking or must have
been sold, bought, let out on hire or hired, produced, extracted, processed
or repaired by the undertaking;
(b) the purpose of the journey 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;
(c) motor vehicles used for such carriage must be driven by employees of
the undertaking;
(d) the vehicles carrying the goods must be owned by the undertaking or
have been bought by it on deferred terms or hired provided that in the
latter case they meet the conditions of Council Directive 84/647/EEC of
19 December 1984 on the use of vehicles hired without drivers for the
carriage of goods by road(
1).
This provision shall not apply to the use of a replacement vehicle during
a short breakdown of the vehicle normally used;
(e) carriage must be no more than ancillary to the overall activities of the
undertaking.
5. Carriage of medicinal products, appliances, equipment and other articles
required for medical care in emergency relief, in particular for natural disas-
ters.’1992R0881 — EN — 01.01.1993 — 000.001 — 9
(1) OJ No L 335, 22. 12. 1984, p. 72.