1960R0011 — EN — 01.07.1986 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATION No 11
concerning the abolition of discrimination in transport rates and conditions,in implementation of
Article 79 (3) of the Treaty establishing the European Economic Community
(OJ P 52, 16.8.1960, p. 1121)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 3626/84 of 19 December 1984 L335 4 22.12.1984
NB: ThisconsolidatedversioncontainsreferencestotheEuropeanunitofaccountand/ortheecu,whichfrom1January1999
shouldbeunderstoodasreferencestotheeuro—CouncilRegulation(EEC)No3308/80(OJL345,20.12.1980,p.1)andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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REGULATION No 11
concerning the abolition of discrimination in transport rates and
conditions,in implementation of Article 79 (3) of the Treaty estab-
lishing the European Economic Community
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 79 thereof;
Having regard to the proposal from the Commission;Having regard to the Opinion of the Economic and Social Committee;Whereas Article 79 (3) requires the Council to lay down rules for the
abolition, as regards transport within the Community, of the forms ofdiscrimination referred to in Article 79 (1);
Whereassuchabolitionrequirestheprohibitionoftheabove-mentioned
forms of discrimination, including the fixing by tariff or otherwise, oftransport rates and conditions which, when applied, would constitutediscrimination;
Whereas it will only be possible to check what transport rates and
conditionsarebeingappliedandtodetectanydiscriminationifcarriersandagentsconcernedwiththecarriageofgoodsarerequiredtosupplythe necessary information, to make out a transport document enablingsuchinformationtobecheckedandtosubmitthemselvestoinspection;
Whereas,forthepurposeofensuringcompliancewiththeseprovisions,
there should be instituted a system of penalties, such penalties to besubject to review by the Court of Justice exercising unlimited jurisdic-tion, as provided for in Article 172 of the Treaty;
HAS ADOPTED THIS REGULATION:
Article 1
TheprovisionsofthisRegulationshallapplytothecarriageofallgoods
by rail, road or inland waterway within the Community, with theexceptionofgoodslistedinAnnexesIandIIItotheTreatyestablishingthe European Coal and Steel Community.
Article 2
1. The provisions of this Regulation shall apply to all carriage of
goods consigned from or to a point within the territory of a MemberState, including the carriage thereof between Member States and thirdor associated countries.
2. ThisRegulationshallapplyonlytothosepartsofajourneywhich
take place within the Community.
3. This Regulation shall apply also to those parts of a journey
effectedbyrail,roadorinlandwaterwaywherethegoodsarecarriedbyother modes of transport over other parts of the journey.
Article 3
Where a carriage regulated by the terms of a single contract is
performed by successive carriers, each such carrier shall be subject tothe provisions of this Regulation in respect of that part of the carriagewhich he performs.
Article 4
1. In the case of transport within the Community, all discrimination
by carriers which takes the form of charging different rates andimposing different conditions for carrying the same goods over the
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▼B
same transport links on grounds of the country of origin or of destina-tion of the goods in question shall be prohibited.
This prohibition shall not affect the validity of private law contracts.2. Thefixing,bytarifforotherwise,oftransportratesandconditions
which, when applied, would constitute discrimination within themeaning of paragraph 1 shall also be prohibited.
3. TheprohibitionslaiddowninthisArticleshalltakeeffectfrom1
July 1961.
Article 5
1. Before 1 July 1961 Governments shall notify the Commission of
any tariff, or formal or other agreement on transport rates and condi-tions operating in their respective countries, whereby the rates andconditions for carrying the same goods over the same transport linksvaryaccordingtothecountryoforiginorofdestinationofthegoodsinquestion. Any measure of this kind subsequently introduced shall alsobe immediately notified to the Commission.
2. Before 1 July 1961 transport undertakings shall supply their
respective Governments with all relevant information concerning thetariffs,andformalorotheragreementsontransportratesandconditionsreferredtointheprecedingparagraphandshallnotifythemforthwithofany measure of this kind subsequently introduced.
3. TheprovisionsofthisArticleshallapplytothecarriageofgoods
consigned from or to a point within the territory of a Member State.
Article 6
1. A transport document giving the following details shall be
required for each consignment of goods within the Community:
— name and address of the consignor;— nature and weight of the goods;— place and date of acceptance of the goods for transport;— place at which the goods are to be delivered;— routetobetaken,ordistancetobetravelled,ifthesefactorsjustifya
rate different from that normally applicable;
— frontier crossing points, where appropriate.
2. Transport documents shall be made out in duplicate and shall be
numbered.Onecopyshallaccompanythegoods;theothercopyshallberetainedbythecarrierfortwoyears,reckonedfromthedateofcarriage,andshallbefiledinnumericalorder.Thelattercopyshallshowthefulland final transport charges, whatever the form in which they may bemade, any other charges and any rebates or other factors affecting thetransport rates and conditions.
3. Where existing documents give all the details specified in para-
graph 1 and, in conjunction with carriers’ recording and accountingsystems, enable a full check to be made of transport rates and condi-tions,sothattheformsofdiscriminationreferredtoinArticle79(1)ofthe Treaty may be thereby abolished or avoided, carriers shall not berequired to introduce new documents.
4. The carrier shall be responsible for the proper preparation of
transport documents.
Article 7
1. The provisions of Article 6 shall enter into force on 1 July 1961.2. TheCommissionmay,however,beforethatdateandbyaRegula-
tionissuedafterconsultingtheCouncil,postponeforcertainclassesoftransport to be determined later such entry into force until 1 January1964 at the latest.
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Article 8
The provisions of Article 6 shall not apply:
(a) to the carriage of goods not exceeding five metric tons in total
weight consigned by a single consignor to a single consignee;
(b) to the carriage of goods within a Member State over a distance
which in total does not exceed one hundred kilometres;
(c) to the carriage of goods between Member States for a distance
which in total does not exceed 30 kilometres.
Article 9
TheprovisionsofArticle6shallnotapplytothecarriageofgoodsby
anundertakingforitsownrequirements,subjecttothefollowingcondi-tions:
▼
M1
— the goods must be carried by vehicles owned or obtained on
deferred terms or hired by the undertaking, provided that in thelatter case they meet the conditions of Article 2 of Directive 84/647/EEC(
1);
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— transport must be only ancillary to the overall activities of the
undertaking;
— the goods carried must be the property of the undertaking or must
have been sold, bought, loaned, borrowed, let out on hire or hired,produced, processed or repaired by the undertaking;
— thepurposeofthejourneymustbetocarrythegoodstoorfromthe
undertaking or to move them, either inside the undertaking, oroutside for its own requirements.
Article 10
If, by 1 July 1963, no rules have been made under Article 74 and in
implementationofArticle75oftheTreatyasregardsthepublicationoftransport rates and conditions, decisions concerning the nature, formand extent of such publication shall be taken, together with any otherappropriatemeasures,withinthelimitsof,andasprovidedinArticle79(1) and (3) of the Treaty, account being taken of the fact that suchdecisionsandmeasuresmustinallcasesbeconsistentwiththecommontransport policy.
Article 11
1. Without prejudice to Article 5 of this Regulation, Governments
and undertakings shall, at the request of the Commission, supply anyadditional information which may be needed concerning any tariff, orformal or other agreement on transport rates and conditions.
2. TheCommissionmaysetatimelimitofnotlessthanonemonth
for the forwarding of such information.
3. If the Commission requests an undertaking to supply it with
information the Commission shall immediately notify the GovernmentoftheMemberStateinwhichtheundertakinghasitsseatbyforwardinga copy of the request for information to that Government.
4. Information may be refused if it involves the disclosure of any
factswhichaMemberStateconsiderswouldbecontrarytotheessentialinterests of its security.
Article 12
1. Any carrier who charges different rates and imposes different
conditions for the carriage of the same goods over the same transportlinksaccordingtothecountryoforiginorofdestinationofthegoodsin
(1) OJ No L 335, 22. 12. 1984, p. 72.
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questionshall,ifsorequiredbytheCommission,showthatsuchactionis not in breach of the provisions of this Regulation.
2. The charging of different rates and the imposing of different
conditions shall not constitute a breach of this Regulation if it resultssolely from competition between carriers or is due to operating condi-tions, whether technical or economic, peculiar to carriage over thetransport link in question.
Article 13
1. Forwardingandotheragentsconcernedwiththecarriageofgoods
shall,ifsorequiredbytheirGovernmentorbytheCommission,supplyall information relevant to the services provided and to the rates andconditions applied.
2. This requirement shall also apply to direct providers of services
anciallary to carriage in any case where the remuneration payable tothem and that payable to the carriers are comprised in a single overallcharge.
3. The provisions of Article 11 (2), (3) and (4) shall also apply to
requests for information made in pursuance of this Article.
Article 14
1. MemberStatesshallberesponsibleforcheckingcompliancewith
the obligations imposed on carriers by Articles 5 (2), 6 and 11 of thisRegulation and with the obligation to supply information as laid downin Article 13.
They shall introduce the necessary measures for this purpose before 1
July 1961, after consulting the Commission.
2. InsofarasmaybenecessaryinordertoimplementthisRegula-
tion, the Commission may send its officials or any experts on visits ofinspection to check and supervise compliance with the obligationsimposedonundertakingsbyArticles5,6,11and13ofthisRegulation.
To this end, any authorised representatives of the Commission shall
have the following rights and powers:
(a) to check the books and other business records of undertakings;
(b) to take copies or extracts of such books and records on the spot;
(c) to be given access to all premises, land and vehicles of undertak-
ings;
(d) to require explanations on all points relating to the books and
records of undertakings.
AuthorisedrepresentativesoftheCommissionshallexercisetheserights
onproductionofapassstatingthattheyareempoweredtocarryoutallnecessaryinspectionspursuanttothisArticle.Theymustcarryawrittenauthoritynamingtheundertakingtobeinspectedandthepurposeoftheinspection. Details of the written authority and of the status of thepersonsresponsibleforcarryingouttheinspectionshallbedulynotifiedbeforehand to the Member State concerned.
Officials of that State may, at the request either of the latter or of the
Commission,assisttheauthorisedrepresentativesoftheCommissioninthe performance of their duties.
IfanyundertakingrefusesinspectionasprovidedforinthisRegulation,
theMemberStateconcernedshallgivetheauthorisedrepresentativesofthe Commission such support and assistance as may be necessary forthe purpose of carrying out their inspections as instructed. MemberStates shall introduce the necessary measures for this purpose before 1July 1961, after consulting the Commission.
3. All persons taking part in inspections as provided for in this
Article shall observe professional secrecy, in accordance with Article214 of the Treaty.
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Article 15
1. Without prejudice to measures taken under Article 79 (4) of the
Treaty, the Commission and Member States shall ensure that all factsmadeknowntotheminpursuanceofArticles5,11,13and14remainconfidential.
2. UnlesstheCouncilunanimouslydecidesotherwise,informationso
obtained may only be used for the implementation of this Regulation.
Article 16
AfterconsultingtheCommission,MemberStatesshall,withinthetime
limit laid down in Article 14 (1), lay down appropriate penalties for:
(a) carriers who fail to comply with the rules laid down in Articles 5
(2) and 6;
(b) undertakingswhich,havingbeenrequiredtodoso,failtosubmitto
theirGovernmentswithinthetimelimitlaiddown,theinformationspecified in Articles 11 and 13;
(c) undertakings which knowingly submit false information to their
Governments.
Article 17
1. Ifsuchanundertakingasaforesaidfailstosubmittheinformation
requestedbytheCommissionunderArticles11and13withinthetimelimit laid down, or if it knowingly supplies false information, theCommission may, in accordance with the second subparagraph ofArticle 79 (3) of the Treaty, take a decision imposing a penalty of notmorethan500unitsofaccountontheundertakingconcernedandmayspecify a fresh date for submission of the required information. If thatundertaking fails to supply the information by the fresh date, thedecision may be repeated.
2. However, such penalties may be imposed only if the request for
information has been presented in the form of a decision referringexpressly to the penalties provided for in this Article.
Article 18
1. If the Commission is satisfied that there is discrimination within
the meaning of Article 79 (1) of the Treaty, it may, in respect of eachcase of discrimination and taking a decision as provided for in Article79(4),imposeonthecarrierresponsibleapenaltynotexceedingtwentytimes the carriage charge obtained or demanded.
2. If discrimination within the meaning of Article 79 (1) of the
Treaty continues despite a decision by the Commission ordering thatsuch discrimination be ended, the Commission may impose on thecarrier responsible, in respect of each case of discrimination and inaccordance with Article 79 (4) of the Treaty, a penalty not exceeding10000 units of account.
3. BeforeimposingapenaltyunderArticle17ofthisRegulation,the
CommissionshallconsultallMemberStatesconcerned,whichshallbesupplied with copies of all documents and evidence assembled inconnection with the investigation conducted by the Commission underArticle79(4)oftheTreaty.EachMemberStateconsultedmayseektheopinion of an independent national body and shall reply within twomonths.
Article 19
DecisiontakenunderArticles17and18ofthisRegulationshallnotbe
of a criminal law nature.
Article 20
Before any decision is taken in pursuance of Articles 17 and 18, the
undertaking concerned shall be notified of the measure proposed.
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TheCommissionshall,bywayofinformation,forwardcopiesofdeci-sions taken under Articles 17 and 18 to the Member States concerned.
Article 21
ForthepurposesoftheprecedingArticles,theunitofaccountshallbe
that used for drawing up the budget of the Community, as provided inArticles 207 and 209 of the Treaty.
Article 22
All undertakings, whether governed by public or by private law, shall
beresponsiblefortheactsoftheirservantsasregardscompliancewiththe provisions of this Regulation. This provision shall also apply asregards the penalties laid down in this Regulation.
Article 23
PenaltiesimposedbytheCommissionunderArticles17and18shallbe
enforced in the manner laid down in Article 192 of the Treaty. Sumscollected in enforcement of decisions imposing penalties shall be paidover to the European Economic Community and shall be shown asrevenue in its budget.
Article 24
Where a Member State submits an application under Article 79 (4) of
the Treaty requesting investigation of a case which it considers toconstitute discrimination, such application shall state the reasons onwhich it is based.
Article 25
1. BeforetakingadecisionorimposingapenaltyunderArticle18of
this Regulation, the Commission shall hear explanations from thepersonconcernedorhisauthorisedrepresentative;itmayappointoneofits officials to hear such explanations.
2. Pursuant to Article 172 of the Treaty, the Court of Justice shall
have unlimited jurisdiction in regard to any penalty imposed underArticles17and18.TheCommissionmaynotproceedwiththeenforce-ment of a penalty until the period allowed for appeal has expired.
Article 26
TheCommissionshalltakethemeasuresnecessaryfortheimplementa-
tion of this Regulation.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.