1970R1107 — EN — 01.07.1982 — 002.001 — 1
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►B REGULATION (EEC)No 1107/70 OF THE COUNCIL
of 4 June 1970
on the granting of aids for transport by rail, road and inland waterway
(OJ L 130, 15.6.1970, p. 1)
Amended by:
Official Journal
No page date
►M1Regulation (EEC) No 1473/75 of the Council of 20 May 1975 L152 1 12.6.1975
►M2Council Regulation (EEC) No 1658/82 of 10 June 1982 L184 1 29.6.1982
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▼B
REGULATION (EEC)No 1107/70 OF THE COUNCIL
of 4 June 1970
on the granting of aids for transport by rail, road and inland
waterway
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Articles 75, 77 and 94 thereof;
Having regard to the Council Decision of 13 May 1965(
1)o nt h e
harmonization of certain provisions affecting competition in transportby rail, road and inland waterway, and in particular Article 9 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);
Whereastheeliminationofdisparitiesliabletodistorttheconditionsof
competition in the transport market is an essential objective of thecommon transport policy;
Whereas, to that end, it is appropriate to lay down certain rules on the
grantingofaidsfortransportbyrail,roadandinlandwaterwayinsofaras such aids relate specifically to activities within that sector;
WhereasArticle77statesthataidsshallbecompatiblewiththeTreaty
iftheymeettheneedsofco-ordinationoftransportoriftheyrepresentreimbursement for the discharge of certain obligations inherent in theconcept of a public service;
WhereasCouncilRegulations(EEC)No1192/69and(EEC)1191/69(
4)
of 26 June 1969 laid down common rules and procedures for, respec-tively, compensation payments arising from the normalisation of theaccountsofrailwayundertakings,andcompensationinrespectoffinan-cial burdens resulting from public service obligations in transport byrail, road and inland waterway;
Whereas it is therefore necessary to specify the cases and the circum-
stances in which Member States may take co-ordination measures orimpose obligations inherent in the concept of a public service whichinvolvethegrantingofaidsunderArticle77oftheTreatynotcoveredby the aforesaid Regulation;
Whereas,pursuanttoArticle8oftheCouncilDecisionof13May1965,
paymentsbyStatesandpublicauthoritiestorailwayundertakingsaretobe made subject to Community rules; whereas payments made byreasonofthefactthattheharmonisationreferredtointhesaidArticle8hasnotyetbeencarriedoutshouldbeexemptedfromtheprovisionsofthisRegulationdelimitingthepowersofMemberStatestotakeco-ordi-nation measures or impose obligations inherent in the concept of apublicservicewhichinvolvethegrantingofaidsunderArticle77oftheTreaty;
Whereas, owing to the particular nature of these payments, it seems
appropriate,pursuantofArticle94oftheTreaty,tolaydownaspecialprocedure for informing the Commission of such payments;
WhereasitisdesirablethatcertainprovisionsofthisRegulationshould
notapplytomeasurestakenbyanyMemberStateinimplementationofa system of aid upon which the Commission has, pursuant to Articles77, 92 and 93 of the Treaty, already pronounced;
(1) OJ No 88, 24.5.1965, p. 1500/65.
(2) OJ No 103, 2.6.1967, p. 2050/67.
(3) OJ No 178, 2.8.1967, p. 18.
(4) OJ No L 156, 28.6.1969, p. 1.
1970R1107 — EN — 01.07.1982 — 002.001 — 3
▼B
Whereas it is desirable, in order to assist the Commission in its exam-
ination of aids granted for transport, to attach to the Commission anadvisory committee consisting of experts appointed by Member States;
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation shall apply to aids granted for transport by rail, road
and inland waterway, in so far as such aids relate specifically toactivities within that sector.
Article 2
Articles92to94oftheTreatyshallapplytoaidsgrantedfortransport
by rail, road and inland waterway.
Article 3
Without prejudice to the provisions of Council Regulation (EEC) No
1192/69of26June1969oncommonrulesforthenormalisationoftheaccountsofrailwayundertakings,andofCouncilRegulation(EEC)No1191/69 of 26 June 1969 on action by Member States concerning theobligations inherent in the concept of a public service in transport byrail, road and inland waterway, Member States shall neither take co-ordinationmeasuresnorimposeobligationsinherentintheconceptofapublicservicewhichinvolvethegrantingofaidspursuanttoArticle77of the Treaty except in the following cases or circumstances:
1. As regards co-ordination of transport:
(a) whereaidsgrantedtorailwayundertakingsnotcoveredbyRegu-
lation(EEC)No1192/69areintendedascompensationforaddi-tional financial burdens which those undertakings bear bycomparison with other transport undertakings and which fallunderoneoftheheadsofnormalisationlistedinthatRegulation;
(b) until the entry into force of common rules on the allocation of
infrastructure costs, where aid is granted to undertakings whichhave to bear expenditure relating to the infrastructure used bythem, while other undertakings are not subject to a like burden.In determining the amount of aid thus granted account shall betaken of the infrastructure costs which competing modes oftransport do not have to bear;
(c) where the purpose of the aid is to promote either:
— research into transport systems and technologies more
economic for the community in general; or
— thedevelopmentoftransportsystemsandtechnologiesmore
economic for the community in general.
Suchaidshallberestrictedtotheresearchanddevelopmentstage
and may not cover the commercial exploitation of such transportsystems and technologies;
(d) until the entry into force of Community rules on access to the
transport market, where aid is granted as an exceptional andtemporarymeasureinordertoeliminate,aspartofareorganisa-tion plan, excess capacity causing serious structural problems,and thus to contribute towards meeting more effectively theneeds of the transport market.
▼
M2
(e) wheretheaidsaregrantedasatemporarymeasureanddesigned
to facilitate the development of combined transport, such aidshaving to relate to investment in the following fields:
— infrastructure,
— the fixed and moveable facilities necessary for trans-ship-
ment.
Before31December1986theCommissionshallmakeaprogress
report to the Council on the application of this provision. In thelight of that report and in view of the temporary nature of the
1970R1107 — EN — 01.07.1982 — 002.001 — 4
▼M2
systemprovidedforinthisRegulation,theCouncilshalldecide,
onaproposalfromtheCommission,onthesystemtobeappliedsubsequently and, if necessary, on the procedures to be adoptedfor terminating that system.
▼
B
2. As regards reimbursement for the discharge of obligations inherent
in the concept of a public service:
until the entry into force of relevant Community rules, where
paymentsaremadetorail,roadorinlandwaterwaytransportunder-takings as compensation for public service obligations imposed onthem by the State or public authorities and covering either:
— tariffobligationsnotfallingwithinthedefinitiongiveninArticle
2 (5) of Regulation (EEC) No 1191/69; or
— transportundertakingsoractivitiestowhichthatRegulationdoes
not apply.
3. Without prejudice to the provisions of Article 75 (3) of the Treaty,
the Council, acting by a qualified majority on a proposal from theCommission,mayamendthelistgiveninparagraphs(1)and(2)ofthis Article.
▼
M1
Article 4
1. Until the expiry of the period laid down for attaining financial
balance in accordance with Article 15 (1) of Council Decision No75/327/EEC(
1),of20May1975ontheimprovementofthesituationof
railwayundertakingsandtheharmonizationofrulesgoverningfinancialrelations between such undertakings and States, and without prejudiceto Regulations (EEC) No 1191/69 and (EEC) No 1192/69 Article 3shallapplyneithertofinancialassistancegiventorailwayundertakingswithintheframeworkoftheirbusinessplansinaccordancewithArticle5 (1) of that Decision nor to the deficit subsidies granted to them inaccordance with Article 13 of that Decision.
2. IntheabsenceofCommunityRegulationsontheharmonizationof
the rules governing the financial relations between States and railwayundertakings other than those referred to in Article 1 of Decision No75/327/EEC and without prejudice to Regulations (EEC) No 1191/69and(EEC)No1192/69,Article3shallnotapplytopaymentsbyStatesand public authorities to these undertakings made by reason of anyfailure to achieve harmonization.
▼
B
Article 5
1. When informing the Commission, in accordance with Article 93
(3)oftheTreaty,ofanyplanstograntoralteraid,MemberStatesshallforward to the Commission all information necessary to establish thatsuch aid complies with the provisions of this Regulation.
2. The aids referred to in Article 4 shall be exempt from the proce-
dure provided for in Article 93 (3) of the Treaty. Details of such aidsshall be communicated to the Commission in the form of estimates atthe beginning of each year and subsequently, in the form of a report,after the end of the financial year.
Article 6
An advisory committee to the Commission is hereby set up; it shall
assist the Commission in its examination of aids granted for transportby rail, road and inland waterway. The committee shall have asChairman a representative of the Commission and shall consist ofrepresentativesappointedbyeachMemberState.Notlessthantendays’noticeofmeetingsofthecommitteeshallbegivenandsuchnoticeshallinclude details of the agenda. This period may be reduced for urgent
(1) OJ No C 62, 15. 3. 1975, p. 27.
1970R1107 — EN — 01.07.1982 — 002.001 — 5
▼B
cases.ThefunctioningofthecommitteeshallbesubjecttoArticle83ofthe Treaty.
The committee may examine, and give an opinion on, all questions
concerning the operation of this Regulation and of all other provisionsgoverning the granting of aids in the transport sector.
Thecommitteeshallbekeptinformedofthenatureandamountofaids
granted to transport undertakings and, generally, of all relevant detailsconcerningsuchaids,assoonasthelatterarenotifiedtotheCommis-sion in accordance with the provisions of this Regulation.
Article 7
TheprovisionsofArticle3shallnotapplytomeasuresadoptedbyany
Member State in implementation of a system of aid upon which theCommission has, pursuant to Articles 77, 92 and 93 of the Treaty,already pronounced.
Article 8
This Regulation shall enter into force on 1 January 1971.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.