1968L0297 — EN — 01.01.1973 — 001.001 — 1
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►B COUNCILDIRECTIVE
of19July1968
onthestandardisationofprovisionsregardingtheduty-freeadmissionoffuelcontainedinthefuel
tanksofcommercial motorvehicles
(68/297/EEC)
(OJ L 175, 23.7.1968, p. 15)
Amended by:
Official Journal
No page date
►A1Act of Accession of Denmark, Ireland and the United Kingdom of Great
Britain and Northern IrelandL 73 14 27.3.1972
▼B
COUNCILDIRECTIVE
of19July1968
onthestandardisationofprovisionsregardingtheduty-freeadmis-
sion of fuel contained in the fuel tanks of commercial motor
vehicles
(68/297/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles75 and 99 thereof;
Having regard to the Council Decision(1) of 13 May 1965 on the
harmonisation of certain provisions affecting competition in transport
by rail, road and inland waterway, and in particular Article 1 (b)thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament(
2);
Having regard to the Opinion of the Economic and Social
Committee(3);
Whereas the adoption of a common transport policy calls for the estab-
lishment of common rules for international transport to or from theterritory of a Member State, or passing across the territory of one or
more Member States;
Whereas the establishment of these common rules should also include
standardisation of the provisions concerning the duty-free admission offuel contained in the fuel tanksof commercial motor vehicles ;
Whereas, in order to harmonise conditions of competition between
carriersin the variousMember States :
— the minimum quantity of fuel admitted duty-free should be speci-
fied, and the conditions for duty-free admission of additionalquantitiess hould be laid down;
— the provisions applicable in a Member State concerning the duty-
free admission of fuel should be the same irrespective of theMember State in which the vehicle isregis tered;
Whereas, in order to avoid abuses in respect of fuel imported duty-free,
special provisions should be made with regard to frontier zones;
HAS ADOPTED THIS DIRECTIVE:
Article 1
Member States shall, acting in accordance with this Directive, standar-
dise provisions regarding the duty-free admission of fuel contained infuel tanksof commercial motor vehiclesregis tered in a Member Stateand travelling across common frontiers between Member States.
Article 1a
Commercial motor vehicles registered in a Member State which cross
the sea on board some form of sea transport from a port on the territoryof one Member State to a port on the territory of another Member Stateshall for the purposes of this Directive be regarded as travelling acrossa common frontier between Member States.1968L0297 — EN — 01.01.1973 — 001.001 — 2
(1) OJ No 88, 24.5.1965, p. 1500/65.
(2) OJ No 28, 17.2.1967, p. 459/67.
(3) OJ No 42, 7.3.1967, p. 618/67.▼A1
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Article 2
For the purposes of this Directive ‘commercial motor vehicle’ means
any motorised road vehicle which in construction and equipment is
suitable and intended for the carriage, with or without remuneration:
(a) of more than nine persons including the driver;
(b) of goods.
Article 3
1. With effect from 1 February 1969 at the latest, Member States
shall admit duty-free a quantity of fifty litres of motor fuel.
2. Whenever a major approximation of national systems of diesel
fuel taxation isundertaken, the Council, acting unanimous ly on aproposal from the Commission, shall specify the quantity of fuel which
Member States shall admit duty-free in excess of the quantity specified
in paragraph 1.
The Council shall, following the same procedure, take a decision
concerning the duty-free admission of all of the fuel contained in thenormal fuel tanksof commercial motor vehicles , once differencesinthe aforesaid systems of taxation have been sufficiently reduced.
3. Each Member State may admit duty-free quantitiesof fuel in
excess of the quantities admissible pursuant to the provisions of para-
graphs1 and 2.
4. Quantities of fuel specified by a Member State pursuant to any of
the foregoing paragraphs shall be the same irrespective of the MemberState in which the commercial motor vehicle isregis tered.
Article 4
In no case may measures adopted by a Member State pursuant to this
Directive be less favourable than those applied by that Member State tocommercial motor vehiclesregis tered in third countriesand travellingacross common frontiers between Member States.
Article 5
1. Each Member State may, after consulting the Commission, limit
the quantitiesadmitted duty-free in purs uance of Article 3 (2) as
regardscommercial motor vehiclesperforming international trans port
operationsinto itsfrontier zone to a depth not exceeding twenty-fivekilometresasthe crow flies .
For transport operations to which Article la applies, the boundaries of
such zone shall be measured from the point of debarcation.
2. Quantities of fuel specified by a Member State pursuant to para-
graph 1 shall be the same irrespective of the Member State in whichthe commercial motor vehicle concerned isregis tered.
Article 6
Member States shall inform the Commission of the measures taken to
implement thisDirective.
Article 7
This Directive is addressed to the Member States.1968L0297 — EN — 01.01.1973 — 001.001 — 3
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