1992R0881 — EN — 19.03.2003 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►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)
Amended by:
Official Journal
No page date
►M1Regulation (EC) No 484/2002 of the European Parliament and of the
Council of 1 March2002L 76 1 19.3.2002
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
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 — 19.03.2003 — 002.001 — 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 — 19.03.2003 — 002.001 — 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 Member
States;
— an unladen journey in conjunction withsuchcarriage;
—‘driver’shall mean the person who drives a vehicle, or who is
carried in that vehicle in order to be available for driving if neces-sary.
Article 3
1. International carriage shall be carried out subject to Community
authorisation in conjunction with a driver attestation if the driver is a
national of a non-member country.
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 legislationof that Member State,
— is entitled in that Member State, in accordance with the legislation
of the Community and of that State concerning admission to the
occupation of road haulage operator to carry out the international
carriage of goods by road.
3. A driver attestation shall be issued by a Member State, in accor-
dance with Article 6, to any haulier who:
— is the holder of a Community authorisation,
— in that Member State lawfully employs drivers who are nationals of
non-member countries or lawfully uses drivers who are nationals ofnon-member countries put at his disposal in accordance with theconditions of employment and of vocational training laid down in
that same Member State:
— by laws, regulations or administrative provisions, and, as appro-
priate,
— by collective agreements, in accordance withth e rules applic-
able in that Member State.
Article 4
►
M11.◄The Community authorization referred to in Article 3
shall replace the document issued by the competent authorities of theMember State of establishment, where such a document exists, certi-fying that the haulier has been granted access to the market in theinternational 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 thisRegulation comes into force.
2. The driver attestation referred to in Article 3 shall certify that in
the context of transport by road covered by Community authorisation, a
driver who is a national of a non-member country carrying out suchtransport is employed in the haulier's Member State of establishmentin accordance withth e laws, regulations or administrative provisionsand, as appropriate, the collective agreements, in accordance with therules applicable in that Member State, on the conditions of employment1992R0881 — EN — 19.03.2003 — 002.001 — 4
▼M1
▼B
▼M1
▼B
▼M1
▼B
▼M1
▼M1
and of vocational training of drivers to carry out road transport opera-
tions in that State.
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 the
number of vehicles at the disposal of the holder of the Communityauthorization, whether wholly owned or, for example, under hirepurchase, 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 itsuse.
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 copy
shall be kept in the vehicle and must be produced whenever required
by an authorized inspecting officer.
5. A Community authorisation shall be issued for a renewable
period of five years.
Article 6
1. The driver attestation referred to in Article 3 shall be issued by
the competent authorities of the Member State of establishment of the
haulage undertaking.
2. A driver attestation shall be issued by the Member State at the
request of the holder of the Community authorisation for each driverwho is a national of a non-member country whom he lawfully employsor who is lawfully put at his disposal in accordance with the laws,regulations or administrative provisions and, as appropriate, the collec-
tive agreements, in accordance with the rules applicable in that
Member State, on the conditions of employment and of vocationaltraining of drivers applicable in that same Member State. Each driverattestation shall certify that the driver named therein is employed inaccordance withth e conditions laid down in Article 4.
3. The driver attestation shall conform to the model set out in Annex
III, which also lays down the conditions governing its use. Member
States shall take all steps necessary to prevent the forgery of driver
attestations. They shall inform the Commission thereof.
4. The driver attestation shall belong to the haulier, who puts it at
the disposal of the driver designated therein when that driver drives avehicle using a Community authorisation issued to that haulier. A certi-fied true copy of the driver attestation shall be kept at the haulier'spremises. The driver attestation shall be produced whenever required
by an authorised inspecting officer.
5. A driver attestation shall be issued for a period to be determined
by the issuing Member State, subject to a maximum validity of five
years. The driver attestation shall be valid only as long as the condi-tions under which it wasissued are satisfied. Member States shall takeappropriate measures to ensure that if those conditions are no longermet the haulier returns the attestation immediately to the issuing autho-rities.
Article 7
►
M11.◄Whenever an application for a Community authoriza-
tion is lodged, not more than five years after issue and subsequentlyat least every five years, the competent authorities of the Member State1992R0881 — EN — 19.03.2003 — 002.001 — 5
▼B
▼M1
▼B
▼B
of establishment shall verify whether the haulier satisfies or still satis-
fies the conditions laid down in Article 3 (2).
2. The competent authorities of the Member State of establishment
shall regularly verify, by carrying out checks each year, covering atleast 20 % of the valid attestations issued in that Member State,whether the conditions referred to in Article 3(3) under which a driverattestation has been issued are still satisfied.
Article 8
1. If the conditions laid down in Article 3(2) or those referred to in
Article 3(3) are not satisfied, the competent authorities of the MemberState of establishment shall reject an application for the issue orrenewal of a Community authorisation or of a driver attestation, bymeans of a decision which states the reasons therefor.
2. The competent authorities shall withdraw a Community authorisa-
tion or a driver attestation where the holder:
— no longer satisfies the conditions laid down in Article 3(2) or those
referred to in Article 3(3), or
— has supplied incorrect information in relation to the data required
for the issue of a Community authorisation or of a driver attesta-
tion.
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 withdraw the certified
true copies of the Community authorisation and may withdraw driver
attestations. These sanctions shall be determined having regard to the
seriousness of the infringement committed by the holder of theCommunity authorisation and having regard to the total number ofcertified true copies of that authorisation that he holds in respect ofinternational traffic.
4. In the event of serious infringements or repeated minor infringe-
ments regarding any misuse whatsoever of driver attestations, the
competent authorities of the Member State of establishment of thehaulier who committed such infringements shall impose appropriatesanctions, suchas:
— suspension of the issue of driver attestations,
— withdrawal of driver attestations,— making the issue of driver attestations subject to additional condi-
tions in order to prevent misuse,
— temporary or partial withdrawal of the certified true copies of the
Community authorisation.
These sanctions shall be determined having regard to the seriousness of
the infringement committed by the holder of the Community authorisa-tion.
Article 9
►
M11.◄The Member States shall guarantee that the applicant
or the holder of a Community authorization is able to appeal againstany decision by the competent authorities of the Member State ofestablishment to refuse or withdraw an authorization.
2. The Member States shall guarantee that the holder of a Commu-
nity authorisation can appeal against any decision by the competentauthorities of the Member State of establishment to refuse or withdrawa driver attestation or to make the issue of driver attestations subject toadditional conditions.1992R0881 — EN — 19.03.2003 — 002.001 — 6
▼M1
▼B
▼M1
▼B
Article 10
By 31 January each year Member States shall inform the Commission
of the number of hauliers possessing Community authorizations on 31December 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 MemberState in which the haulier is established shall examine the ways inwhich the sanctions provided for ►
M1in Article 8(3) and (4) ◄are
applied and shall communicate their decision to the competent authori-
ties of the Member State ►C1in which the infringements were
ascertained. ◄
Article 11a
The Commission shall examine the consequences of restricting the
obligation to hold a driver attestation to drivers who are nationals ofnon-member countries and shall, should there be sufficient justificationfor doing so, submit a proposal for the amendment of this Regulation.
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 combined
carriage of goods between Member States(
1),
— Council Directive 65/269/EEC of 13 May 1965 concerning the stan-
dardization of certain rules relating to authorizations for the
carriage of goods by road between Member States(2),
— Council Decision 80/48/EEC of 20 December 1979 on the adjust-
ment of capacity for the carriage of goods by road for hire orreward between Member States(
3).
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:1992R0881 — EN — 19.03.2003 — 002.001 — 7
(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).
(2) 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).
(3) OJ No L 18, 24. 1. 1980, p. 21.▼M1
▼B
▼B
‘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 theirterritory.
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 — 19.03.2003 — 002.001 — 8
▼B
ANNEX I
‘ANNEX
►(1)A11992R0881 — EN — 19.03.2003 — 002.001 — 9
▼B
’1992R0881 — EN — 19.03.2003 — 002.001 — 10
▼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 — 19.03.2003 — 002.001 — 11
(1) OJ No L 335, 22. 12. 1984, p. 72.
▼M1
ANNEX III
1992R0881 — EN — 19.03.2003 — 002.001 — 12
▼M1
1992R0881 — EN — 19.03.2003 — 002.001 — 13