COMMISSION OPINION of 25 June 1980 addressed to the Government of the Grand Duchy of Luxembourg on a draft ministerial regulation requiring authorization in respect of the carriage of passengers and goods on Luxembourg territory by motorized road transport vehicles and their trailers registered in other countries (80/677/EEC)

In accordance with Article 1 of the Council Decision of 21 March 1962 instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (1), as amended by the Council Decision 73/402/EEC (2), the Luxembourg Government sent the Commission under cover of a letter dated 25 March 1980 from the Office of its Permanent Representative to the European Communities, a draft ministerial regulation requiring authorization in respect of the carriage of passengers and goods on Luxembourg territory by motorized road transport vehicles and their trailers registered in other countries.

The letter from the Office of the Permanent Representative of Luxembourg reached the Commission on 9 April 1980 and, in accordance with Article 1 of the Council Decision of 21 March 1962, was also sent to the other Member States.

Pursuant to Article 2 (1) of the said Decision, the Commission hereby delivers the following opinion: 1. The Commission notes that the measures proposed in Article 3 of the draft require authorization in respect of transport operations on Luxembourg territory by vehicles registered in a Member State, unless that Member State does not require authorization in respect of the same type of transport operations on its territory by vehicles registered in the Grand Duchy.

Carriers of eight Member States have been able to carry goods to, from and across Luxembourg without restriction since before the EEC Treaty came into effect ; only transport operations by Danish carriers to Luxembourg have been subject to a system of quotas and authorization, following a Bilateral Agreement between Luxembourg and Denmark in 1979. Since the same dates carriers from Luxembourg have been subject to a system of quotas and authorization for the carriage of goods to, from or across France, the Federal Republic of Germany, Italy and Denmark. There are no restrictions on transport operations by Luxembourg carriers in Luxembourg.

The measures proposed by the Luxembourg Government are thus designed to restrict if necessary the right to carry out transport operations to, from or across Luxembourg, to the detriment of carriers of only some Member States. They have the effect of making conditions less favourable for these carriers than they were when the Treaty came into effect, compared with those for Luxembourg national carriers and possibly carriers from some other Member States.

Consequently, Luxembourg would have to amend its draft regulation in order for it to comply with the provisions of Article 76 of the EEC Treaty.

2. Moreover, the Commission draws attention to the fact that it is against the spirit of the Commission's general approach to the common transport policy to seek solutions under Bilateral Agreements designed to regulate the volume of goods carried by international traffic, determined by means of quotas which did not exist when the Treaty came into effect. The Commission's approach is to replace progressively a large number of the bilateral quotas by a Community system of quotas, to expand the terms of Bilateral Transport Agreements and to fix the remaining bilateral tariffs according to Community standards and objectives.

3. The Commission makes no objections to the other articles of the draft regulation.

4. The Commission does not consider it necessary to arrange a briefing session with the representatives (1) OJ No 23, 3.4.1962, p. 720/62. (2) OJ No L 347, 17.12.1973, p. 48. of the Luxembourg Government nor to institute consultations with the other Member States under Article 2 (3) of the Council Decision.

5. The Commission is informing the other Member States of this opinion.

Done at Brussels, 25 June 1980.

For the Commission

Richard BURKE

Member of the Commission