COMMISSION OPINION of 6 March 1974 addressed to the Government of the Kingdom of Denmark on two draft laws relating to international goods transport by motor vehicle and to international passenger transport by bus and coach (74/183/EEC)

In accordance with Article 1 of the Council Decision of 21 March 1962 (1) instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions proposed by Member States in the field of transport, as amended by the Council Decision of 22 November 1973 (2), the Danish Government sent the Commission, under cover of a letter of 31 January 1974 from the Office of the Permanent Representative to the European Communities, the text of two draft laws relating to international goods transport by motor vehicle and to international passenger transport by bus and coach.

The Danish Government asked for the application of the urgent procedure provided for in Article 2 (4) of the Decision and informed the other Member States of the draft laws.

The letter from the Office of the Permanent Representative reached the Commission on 4 February 1974. The 15-day period within which the Commission must give its opinion, according to the Council Decision of 21 March 1962, as amended by the Council Decision of 22 November 1973, has been extended to 6 March 1974 in accordance with Article 2 (4) of that Decision.

The Commission has not thought it necessary to call an information meeting with representatives of the Danish Government or to consult with the other Member States in accordance with Article 2 (3) of the Council Decision.

Under Article 2 (1) of the Council Decision of 21 March 1962, as amended by the Council Decision of 22 November 1973, the Commission formulates the following Opinion:

I

1. The Commission notes that the proposed measures would subject international goods and passenger transport to authorization, subject to any contrary requirements flowing in particular from Community measures. The Commission takes the view that the wording of this exception makes it possible to take account not only of common rules freeing from the system of authorizations set up by the law the transport operations covered by such Community measures, but also of Community measures establishing a Community authorization system.

Two other exceptions envisaged by the two draft laws concern contrary arrangements arising from agreements made between Denmark and one or more foreign states, as well as arrangements drawn up by the Minister of Public Works. The Commission notes that respect for Community law requires that these exceptions should be applied in accordance with that law.

2. The Commission notes also that the draft laws include provisions allowing the authorities to take the necessary steps to apply rules adopted by the European Communities in relation to the international transport of goods and passengers by road, and that the draft law relating to goods transport envisages also the possibility that provisions concerning the application of tariffs should include enforcement arrangements with which transport firms would be required to comply.

In the Commission's view these provisions allow the Danish government to set up all the enforcement arrangements required by Community regulations already in force, particularly the arrangements for enforcement at transport firms' headquarters and on vehicles on the road.

3. The Commission has no comments on the other provisions of the two draft laws.

II

4. In conclusion, the Commission raises no objection to the legislative provisions proposed by the Danish Government.

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

Done at Brussels, 6 March 1974.

For the Commission

The President

François-Xavier ORTOLI (1)OJ No 23, 3.4.1962, p. 720/62. (2)OJ No L 347, 17.12.1973, p. 48.