1989R4060 — EN — 01.01.1992 — 001.001 — 1
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►B COUNCIL REGULATION (EEC)No 4060/89
of 21 December 1989
on the elimination of controls performed at the frontiers of Member States in the field of road and
inland waterway transport
(OJ L 390, 30.12.1989, p. 18)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 3356/91 of 7 November 1991 L 318 1 20.11.1991
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COUNCIL REGULATION (EEC)No 4060/89
of 21 December 1989
on the elimination of controls performed at the frontiers of Member
States in the field of road and inland waterway transport
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity, and in particular Article 75 thereof,
Havingreg ard to the proposal from the Commission(
1),
Havingreg ard to the opinion of the European Parliament(2),
Havingreg ard to the opinion of the Economic and Social Committee(3),
Whereas achievingfreedom to provide services in the field of transport
is an important element of the common transport policy under theTreaty and whereas, consequently, it is the aim of that policy to increasethe fluidity of movement of the different means of transport within theCommunity;
Whereas the Community is engaged in the adoption of measures with
the aim of progressively establishing the internal market over a periodexpiringon 31 December 1992, which comprises an area withoutinternal frontiers in which the free movement of goods, persons,services and capital is ensured in accordance with the provisions of theTreaty;
Whereas pursuant to the Commission’s White Paper the Commission is
to present a proposal to the Council in order to abolish frontier checksand formalities related to the means of inland transport and documenta-tion;
Whereas, pursuant to existingCommunity and national leg islation in the
field of road and inland waterway transport, Member States performchecks, verifications and inspections relatingto technical characteristics,authorizations and other documentation that vehicles and inlandwaterway vessels must comply with; whereas these checks, verificationsand inspections continue in general to be justified in order to avoiddisturbances to the organization of the transport market and to ensureroad and inland waterway safety;
Whereas, under existingCommunity leg islation, Member States are free
to organize and perform the aforementioned checks, verifications andinspections where they so wish but in practice they normally carry themout at their frontiers;
Whereas such controls, verifications and inspections may be performed
with equal efficacy throughout the territory of the Member Statesconcerned and crossingthe frontier should not therefore be a pretext forcarryingout such operations,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation applies to controls performed by Member States
pursuant to Community or national law in the fields of road and inlandwaterway transport carried out usingmeans of transport reg istered orput into circulation in a Member State.
(1) OJ No C 58, 7. 3. 1989, p. 7.
(2) OJ No C 158, 26. 6. 1989, p. 55.
(3) OJ No C 194, 31. 7. 1989, p. 24.
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Article 2
For the purpose of this Regulation:
(a) ‘frontier'means either an internal frontier within the Community or
an external frontier, where carriage between Member Statesinvolves crossinga third country;
(b) ‘control' means any check, inspection, verification or formality
performed at the frontiers of Member States by the national authori-ties, which signifies a stop or a restriction on the free movement ofthe vehicles or vessels concerned.
Article 3
Controls, referred to in the Annex, performed pursuant to Community
or national law in the fields of road and inland waterway transportbetween Member States shall no longer be performed as frontier-controlbut solely as part of the normal control procedures applied in a non-discriminatory fashion throughout the territory of a Member State.
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Article 3a
As and when necessary, the Commission shall propose amendments to
the Annex to take account of technological developments in the fieldcovered by this Regulation.
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Article 4
This Regulation shall enter into force on 1 July 1990.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX
PART 1
COMMUNITY LAW
Directives
(a) Article 1 (4) of Council Directive 86/364/EEC of 24 July 1986 relatingto
proof of compliance of vehicles with Directive 85/3/EEC on the weights,dimensions and certain other technical characteristics of certain roadvehicles (
1) which provides that vehicles may be subject, as regards common
standards on weights, to random checks and, as regards common standardson dimensions, only to checks where there is a suspicion of non-compliancewith Directive 85/3/EEC (
2), as last amended by Directive 89/461/EEC (3)
and Directive 88/218/EEC (4), Directive 88/218/EEC amendingDirective
85/3/EEC, which refers to a series of provisions layingdown controls formechanically refrigerated equipment;
(b) Article 5 (3) of Council Directive 77/143/EEC of 29 December 1977 on the
approximation of the laws of the Member States relatingto roadworthinesstests for motor vehicles and their trailers (
5) as amended by Directive 88/
449/EEC (6), which provides that each Member State shall recognize the
proof that a vehicle has passed a roadworthiness test issued in anotherMember State; this act of recognition implies that a verification by nationalauthorities may be made anywhere within their territories;
(c) Article 2 (5) 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 (
7),
which lays down that proof of compliance with the Directive is provided bya number of documents which must be on board the hired vehicle, viz., thecontract of hire and the driver’s employment contract;
(d) Article 3 (2) of Council Directive 65/269/EEC of 13 May 1965 concerning
the standardization of certain rules relatingto authorizations for the carriag eof goods by road between Member States (
8) as amended by Directives
83/572/EEC (9)and 85/505/EEC (10), which provides that authorizations
must be carried on the vehicle and be produced at the request of anyauthorized national inspectingofficer;
(e) Article 3 (3), (4) and (5) of Council Directive 76/135/EEC of 20 January
1976 on reciprocal recognition of navigability licences, for inland waterwayvessels (
11) as amended by Directive 78/1016/EEC (12), which provides that
the navigability licence, certificates or authorizations must be produced ondemand by national authorities;
(f) Article 17 (1) of Council Directive 82/714/EEC of 4 October 1982 laying
down technical requirements for inland waterway vessels (
13), which
provides that Member States may at any time check that a vessel is carryinga certificate valid under the terms of the Directive;
Regulations
(a) Articles 9 and 10 of Regulation No 117/66/EEC of the Council of 28 July
1966 on the introduction of common rules for the international carriage ofpassengers by coach and bus (
14), which entitle any authorized inspection
officer to verify and control the certificates and documents provided for inthe Regulation and laid down in Commission Regulation (EEC) No 1016/68 (
15) as amended by Regulation (EEC) No 2485/82 (16) (certificate for
(1) OJ No L 221, 7. 8. 1986, p. 48.
(2) OJ No L 2, 3. 1. 1985, p. 14.
(3) OJ No L 226, 3. 8. 1989, p. 7.
(4) OJ No L 98, 15. 4. 1988, p. 48.
(5) OJ No L 47, 18. 2. 1977, p. 47.
(6) OJ No L 222, 12. 8. 1988, p. 10.
(7) OJ No L 335, 22. 12. 1984, p. 72.
(8) OJ No 88, 24. 5. 1965, p. 1469/65.
(9) OJ No L 322, 28. 11. 1983, p. 33.
(10) OJ No L 309, 21. 11. 1985, p. 27.
(11) OJ No L 21, 29. 1. 1976, p. 10.
(12) OJ No L 349, 13. 12. 1978, p. 31.
(13) OJ No L 301, 28. 10. 1982, p. 1.
(14) OJ No 147, 9. 8. 1966, p. 2688/66.
(15) OJ No L 173, 22. 7. 1968, p. 8.
(16) OJ No L 265, 15. 9. 1982, p. 5.
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transport of workers by coach and bus; and book of passenger waybills for
occasional services).
(b) Articles 17 and 18 of Council Regulation No 516/72/EEC of 28 February
1972 on the introduction of common rules for shuttle services by coach andbus between Member States (
1) as last amended by Regulation (EEC) No
2778/78 (2), which provide that the authorization, list of passengers and
passenger travel document as defined in the Regulation and established inCommission Regulation (EEC) No 1172/72 (
3) shall be carried on the
vehicle and be produced at the request of any authorized inspectingofficer;
(c) Article 17 of Council Regulation No 517/72/EEC of 28 February 1972 on
the introduction of common rules for regular and special regular services bycoach and bus between Member States (
4) as last amended by Regulation
(EEC) No 1301/78 (5), which provides that the authorization provided for in
Article 3 of that Regulation and established by Commission Regulation1172/72 shall be carried on the vehicle and be produced at the request of anyauthorized inspectingofficer;
(d) Article 17 of Council Regulation (EEC) No 3820/85 of 20 December 1985
on the harmonization of certain social legislation relating to road trans-port (
6), which entitles Member States to adopt measures which cover, inter
alia, the organization of, procedure for and means of a control system to
ensure that the provisions of the Regulation have been complied with;
(e) Article 19 of Council Regulation (EEC) No 3821/85 of 20 December 1985
on recordingequipment in road transport (7) which entitles Member States
to adopt measures which cover, inter alia , the organization of procedure for,
and means of carryingout, checks on whether the equipment complies withthe provisions of the Regulation;
(f) Article 2 of Council Regulation (EEC) No 3164/76 of 16 December 1976 on
the Community quota for the carriage of goods by road between MemberStates (
8), as last amended by Regulation (EEC) No 1841/88 (9), which
provides that the Community authorization should be presented at therequest of any authorized inspectingofficer.
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PART 2
NATIONAL LAW
(a) Controls on the drivinglicences of persons drivingvehicles for the carriag e
of goods and persons
(b) Controls relating to the means of transport for dangerous goods and in
particular:
(i) Documents
— Driver’s trainingcertificate— Safety instructions— Approval certificate (ADR or equivalent standards)— Copy of the derogation, if applicable (ADR or equivalent standards)
(ii) Identification of the vehicle carrying the dangerous goods
— Orange panel
— compliance— placingon the vehicle
— Danger label on the vehicle
— compliance— placingon the vehicle
— Tank identification plate (for fixed, demountable or container tanks)
— presence and legibility— date of last inspection
(1) OJ No L 67, 20. 3. 1972, p. 13.
(2) OJ No L 333, 30. 11. 1978, p. 4.
(3) OJ No L 134, 12. 6. 1972, p. 1.
(4) OJ No L 67, 20. 3. 1972, p. 19.
(5) OJ No L 158, 16. 6. 1978, p. 1.
(6) OJ No L 370, 31. 12. 1985, p. 1.
(7) OJ No L 370, 31. 12. 1985, p .8.
(8) OJ No L 357, 29. 12. 1976, p. 1.
(9) OJ No L 163, 30. 6. 1988, p. 1.
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— stamp of inspectingbody
(iii) Vehicle equipment (ADR or equivalent standards)
— Additional fire extinguisher— Special equipment
(iv) Vehicle loading
— Overload (accordingto tank capacity)— Securingof packag es— Prohibition of mixed loading
(c) Controls relatingto the means of transport for perishable foodstuffs and in
particular:
(i) Documents
— Certificate of compliance for the equipment
(ii) Special equipment used for the carriage of perishable foodstuffs
— Compliance plate— Identification marks
(iii) Operation of special equipment
— Temperature conditions.