1968L0297 — EN — 06.04.1983 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►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
►M1Council Directive 83/127/EEC of 28 March 1983 L 91 28 9.4.1983
Amended by:
►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 Articles 75 and 99 thereof;
Having regard to the Council Decision(1) of 13 May 1965 onthe
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 adoptionof a commontran sport 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 tanks of commercial motor vehicles;
Whereas, in order to harmonise conditions of competition between
carriers inthe various Member States:
— the minimum quantity of fuel admitted duty-free should be speci-
fied, and the conditions for duty-free admission of additionalquantities should be laid down;
— the provisions applicable in a Member State concerning the duty-
free admissionof fuel should be the same irrespective of theMember State inwhich the vehicle is registered;
Whereas, inorder to avoid abuses inrespect 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 tanks of commercial motor vehicles registered in a Member Stateand travelling across common frontiers between Member States.
Article 1a
Commercial motor vehicles registered ina Member State which cross
the sea onboard some form of sea tran sport from a port onthe 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 commonfron tier betweenMember States.1968L0297 — EN — 06.04.1983 — 002.001 — 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
▼B
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 July 1984 at the latest, Member States shall
admit duty-free a quantity of 200 litres of motor fuel.
2. Whenever a major approximation of national systems of diesel
fuel taxation is undertaken, the Council, acting unanimously on a
proposal from the Commission, shall specify the quantity of fuel whichMember States shall admit duty-free inexcess of the quan tity specifiedinparagraph 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 tanks of commercial motor vehicles, once differences in
the aforesaid systems of taxationhave beensufficien tly reduced.
3. Each Member State may admit duty-free quantities of fuel in
excess of the quantities admissible pursuant to the provisions of para-graphs 1 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 inwhich the commercial motor vehicle is registered.
Article 4
In no case may measures adopted by a Member State pursuant to this
Directive be less favourable thanthose applied by that Member State to
commercial motor vehicles registered in third countries and travelling
across commonfron tiers betweenMember States.
Article 5
1. Each Member State may, after consulting the Commission, limit
the quantities admitted duty-free in pursuance of Article 3 (2) asregards commercial motor vehicles performing international transportoperations into its frontier zone to a depth not exceeding twenty-fivekilometres as the 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 inwhichthe commercial motor vehicle concerned is registered.
Article 6
Member States shall inform the Commission of the measures taken to
implement this Directive.
Article 7
This Directive is addressed to the Member States.1968L0297 — EN — 06.04.1983 — 002.001 — 3
▼M1
▼B
▼A1
▼B