1992L0106 — EN — 01.05.2004 — 002.001 — 1
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►B COUNCIL DIRECTIVE 92/106/EEC
of 7 December 1992
on the establishment of common rules for certain types of combined transport of goods between
Member States
(OJ L 368, 17.12.1992, p. 38)
Amended by:
Official Journal
No page date
►A1 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
►A2 Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the SlovakRepublic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
▼B
COUNCIL DIRECTIVE 92/106/EEC
of 7 December 1992
on the establishment of common rules for certain types of
combined transport of goods between Member States
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 75 and 84 (2) 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 Council Directive 75/130/EEC of 17 February 1975 on the
establishment of common rules for certain types of combined road/railcarriage of goods between Member States (
4)has been amended several
times; whereas on the occasion of further amendments the Directiveshould be recast in the interests of clarity;
Whereas the internal market is leading to an increase in traffic;
whereas the Community must do what is necessary to ensure optimum
management of its transport resources in the interest of all citizens,which means using combined transport;
Whereas the increasing problems relating to road congestion, the envir-
onment and road safety call, in the public interest, for the further
development of combined transport as an alternative to road transport;
Whereas measures must be taken to make possible the development
and further improvement of transport methods based on the intermod-ality of forms of transport and on the specific means and requirementsof transport operators and users; whereas such measures must cover
combined forms of transport bringing together road and other modes
of transport, such as rail, inland waterway and sea transport;
Whereas greater recourse to combined transport will be encouraged by
freedom from all quantitative restrictions and by the elimination ofvarious administrative constraints which still exist in the field of roadtransport;
Whereas for combined transport methods to result in a real reduction in
road congestion, such liberalization should relate to road journeys oflimited distance;
Whereas the liberalization of the initial and final sections of a
combined transport operation should be extended to combined transport
operations using sea routes provided that the sea journey represents an
important part of the combined transport operation;
Whereas the Commission should submit a report every two years,
starting before 1 July 1995, on the application of this Directive;
Whereas the development of combined transport would also be facili-
tated by stimulation measures and whereas it is therefore appropriate to
reduce taxation on the use or possession of commercial vehicles to theexent that they are carried by rail and to exempt initial and final roadhaulage legs from compulsory tariff regulations;
Whereas access by own-account transport to combined transport should
be facilitated;1992L0106 — EN — 01.05.2004 — 002.001 — 2
(1) OJ No L C 282, 30. 10. 1992, p. 8.
(2) Opinion delivered on 20 November 1992 (not yet published in the Official
Journal).
(3) Opinion delivered on 24 November 1992 (not yet published in the Official
Journal).
(4) OJ No L 48, 22. 2. 1975, p. 31. Directive last amended by Regulation (EEC)
No 881/92 (OJ No L 95, 9. 4. 1992, p. 1).
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Whereas this Directive must not affect Member States' obligations
regarding the time-limits for the transportation into national law andimplementation of the Directives which make up the recast version,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive shall apply to combined transport operations,
without prejudice to Regulation (EEC) No 881/92 (1).
For the purposes of this Directive, ‘combined transport’ means the
transport of goods between Member States where the lorry, trailer,
semi-trailer, with or without tractor unit, swap body or container of 20feet or more uses the road on the initial or final leg of the journey and,on the other leg, rail or inland waterway or maritime services wherethis section exceeds 100 km as the crow flies and make the initial orfinal road transport leg of the journey;
— between the point where the goods are loaded and the nearest
suitable rail loading station for the initial leg, and between thenearest suitable rail unloading station and the point where the goods
are unloaded for the final leg, or
— within a radius not exceeding 150 km as the crow flies from the
inland waterway port or seaport of loading or unloading.
Article 2
Each of the Member States shall, by 1 July 1993, liberalize the
combined transport operations referred to in Article 1 from all quotasystems and systems of authorization.
Article 3
In the case of combined transport for hire or reward, a transport docu-
ment which fulfils at least the requirements laid down in Article 6 ofCouncil Regulation No 11 of 27 June 1960 concerning the abolition ofdiscrimination in transport rates and conditions, in implementation ofArticle 79 (3) of the Treaty establishing the European Economic
Community (
2), shall also specify the rail loading and unloading
stations relating to the rail leg, or the inland waterway loading andunloading ports relating to the inland waterway leg, or the maritimeloading and unloading ports relating to the maritime section of thejourney. These details shall be recorded before the transport operation
is carried out and shall be confirmed by means of a stamp affixed by
the rail or port authorities in the railway stations or inland waterway orsea ports concerned when that part of the journey carried out by rail orinland waterway or by sea has been completed.
Article 4
All hauliers established in a Member State who meet the conditions of
access to the occupation and access to the market for transport of
goods between Member States shall have the right to carry out, in thecontext of a combined transport operation between Member States,initial and/or final road haulage legs which form an integral part ofthe combined transport operation and which may or may not includethe crossing of a frontier.1992L0106 — EN — 01.05.2004 — 002.001 — 3
(1) Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the
market in the carriage of goods by road within the Community to or from
the territory of a Member State or passing across the territory of one or
more Member States (OJ No L 95, 9. 4. 1992, p. 1).
(2) OJ No 52, 16. 8. 1960, p. 1121/60.
▼B
Article 5
1. Every two years and in the first instance by 1 July 1995 the
Commission shall draw up a report to the Council on:
— the economic development of combined transport,
— the application of Community law in this area,
— the definition, where necessary, of further measures to promote
combined transport operations.
2. When drawing up the report referred to in paragraph 1, the
Commission shall be assisted by representatives of the Member Stateto collect the information necessary for this purpose.
The report shall analyze the information and statistics relating in parti-
cular to:
— transport links used in combined transport operation,
— the number of vehicles (a road train counting as a single vehicle),
swap bodies and containers transported over the various transportlinks,
— transported tonnages,— services carried out, in terms of tonnes/kilometres.
The report shall, where appropriate, propose solutions for the subse-
quent improvement of such information and the situation in thecombined transport sector.
Article 6
1. Member States shall take the measures necessary to ensure that
the taxes listed in paragraph 3 which are applicable to road vehicles(lorries, tractors, trailers or semi-trailers) when routed in combined
transport are reduced or reimbursed either by a standard amount, or in
proportion to the journeys that such vehicles undertake by rail, withinlimits and in accordance with conditions and rules they fix afterconsultation with the Commission.
The reductions of reimbursements referred to in the first paragraph
shall be granted by the State in which the vehicles are registered, onthe basis of the rail journeys effected within that State.
Member States may, however, grant these reductions or reimburse-
ments on the basis of the rail journeys which take place partially orwholly outside the Member State in which the vehicles are registered.
2. Without prejudice to the provisions resulting from a possible reor-
ganization of national taxation systems for commercial vehicles atCommunity level, vehicles used exclusively for road haulage in feederor final delivery carriage by combined transport may be exempted, if
they are taxed separately, from the taxes listed in paragraph 3.
3. The taxes referred to in paragraphs 1 and 2 are the following:
— Belgium:
taxe de circulation sur les véhicules automobiles/verkeersbelasting
op de autovoertuigen;
— Czech Republic:
silniční da ň;
— Denmark:
vægtafgift af motorkøretøjer mv.;
— Germany:
Kraftfahrzeugsteuer;
— Estonia:
raskeveokimaks;
— France:
taxe spéciale sur certains véhicules routiers;1992L0106 — EN — 01.05.2004 — 002.001 — 4
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— Greece:
τέλη κυκλοφορίας αυτοκινήτων
— Spain:
(a) impuesto sobre actividades económicas,
(b) impuesto sobre vehículos de tracción mecánica;
— Ireland:
vehicle excise duties;
— Italy:
(a) tassa automobilistica,
(b) addizionale del 5 % sulla tassa automobilistica;
— Cyprus:
τέλη κυκλοφορίας οχηµάτων ;
— Latvia:
transportl īdzek ļa ikgad ējānodeva;
— Lithuania:
transporto priemoni ųsavinink ųar valdytoj ųnaudotojo mokestis;
— Luxembourg:
taxe sur les véhicules automoteurs;
— Hungary:
gépjárm űadó;
— Malta:
liċenzja tat-triq — road licence fee;
— Netherlands:
motorrijtuigenbelasting;
— Austria:
Straßenverkehrsbeitrag;
— Poland:
podatek od środków transportowych;
— Portugal:
(a) imposto de camionagem,
(b) imposto de circulação;
— Slovenia:
letno povra čilo za uporabo javnih cest za motorna in priklopna
vozila;
— Slovakia:
cestná da ň;
— Finland
varsinainen ajoneuvovero/egentlig fordonsskatt;
— Sweden:
fordonsskatt;
— United Kingdom:
vehicle excise duties.
Article 7
Where a trailer or semi-trailer belonging to an undertaking engaged in
own-account transport is hauled on a final section by a tractorbelonging to an undertaking engaged in transport for hire or reward,the transport operation so effected shall be exempt from presentation1992L0106 — EN — 01.05.2004 — 002.001 — 5
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of the document provided for in Article 3; however, another document
shall be provided giving evidence of the journey covered or to becovered by rail, by inland waterway or by sea.
Article 8
Initial or final road haulage legs forming part of combined transport
operations shall be exempted from compulsory tariff regulations.
Article 9
Where, as part of a combined transport operation, the dispatching
undertaking carries out the initial road haulage leg for its own account
within the meaning of the First Council Directive of 23 July 1962 onthe establishment of common rules for certain types of carriage ofgoods by road (
1), the undertaking which is to receive the goods trans-
ported may, notwithstanding the definition given in the said Directive,
carry out for its own account the final road haulage leg to transport the
goods to their destination using a tractor owned by it, bought by it ondeferred terms or hired by it pursuant to Council Directive 84/647/EECof 19 December 1984 on the use of vehicles hired without drivers forthe carriage of goods by road (
2), and driven by its employees, even
though the trailer or semi-trailer is registered or hired by the under-
taking which dispatched the goods.
The initial road haulage leg in a combined transport operation which
the dispatching undertaking carries out using a tractor owned by it,bought by it on deferred terms or hired by it pursuant to Directive 86/647/EEC and which is driven by its employees, whereas the trailer or
semi-trailer is registered or hired by the undertaking which is to receive
the goods transported, shall also, notwithstanding the Directive of 23July 1962, be considered an own-account carriage operation if the finalroad haulage leg is carried out for its own account in accordance withthe latter Directive by the recipient undertaking.
Article 10
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary in order to comply with this Direc-tive by 1 July 1993. They shall forthwith inform the Commissionthereof.
When these Member States adopt these provisions, they shall contain a
reference to this Directive or be accompanied by such reference on theoccasion of their official publication. The methods of making such areference shall be laid down by the Member States.
2. Member States shall communicate the main provisions of national
law which they adopt in the field covered by this Directive to the
Commission.
Article 11
1. Directive 75/130/EEC (
3) is hereby repealed without prejudice to
the obligations of the Member States regarding the time-limits fortransposition and implementation set out in the Annex, part A.1992L0106 — EN — 01.05.2004 — 002.001 — 6
(1) OJ No 70, 6. 8. 1962, p. 2005/62. Last amended by Regulation (EEC) No
881/92 (OJ No L 95, 9. 4. 1992, p. 1).
(2) OJ No L 335, 22. 12. 1984, p. 72. Amended by Directive 90/398/EEC (OJ
No L 202, 31. 7. 1990, p. 46).
(3) Including acts amending it, viz. the relevant provision of the 1985 Act of
Accession and Directives 79/5/EEC, 82/3/EEC, 82/603/EEC, 86/544/EEC
and 91/224/EEC.
▼B
2. References to the repealed Directive shall be understood as refer-
ences to this Directive and shall be read in accordance with thecorrelation table in the Annex, part B.
Article 12
This Directive is addressed to the Member States.1992L0106 — EN — 01.05.2004 — 002.001 — 7
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ANNEX
PART A
Time-limits for transposition into national law and implementation
DirectiveTime-limit for transposition
and implementation
75/130/EEC (OJ No L 48, 22. 2. 1975, p. 31) 30 June 1975
79/5/EEC (OJ No L 5, 9. 1. 1979, p. 33) 1 July 1979
82/3/EEC (OJ No L 5, 9. 1. 1982, p. 12) —
82/603/EEC (OJ No L 247, 23. 8. 1982, p. 6) 1 April 1983
86/544/EEC (OJ No L 320, 15. 11. 1986, p. 33) 1 July 1987
91/224/EEC (OJ No L 103, 23. 4. 1991, p. 1) 1 January 1992
PART B
Correlation table
This Directive Directive 75/130/EEC
Article 1 Article 1
Article 2 Article 2
Article 3 Article 3
Article 4 Article 6
Article 5 Article 7
Article 6 Article 8
Article 7 Article 9
Article 8 Article 11
Article 9 Article 12
Article 10 —
Article 11 —
Article 12 Article 13
Annex —1992L0106 — EN — 01.05.2004 — 002.001 — 8