COMMISSION OPINION of 10 December 1980 addressed to the French Government on the draft Decree amending Decree No 49-1473 of 14 November 1949 on the coordination and harmonization of rail and road transport (Only the French text is authentic) (80/1213/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 Council Decision 73/402/EEC of 22 November 1973 (2), the French Government has notified the Commission, in a letter dated 8 October 1980 from its Permanent Representation to the European Communities, of a draft Decree amending Decree No 49-1473 of 14 November 1949 on the coordination and harmonization of rail and road transport.

The letter from France's Permanent Representation reached the Commission on 14 October 1980 and, in accordance with Article 1 of the Decision of 21 March 1962, the other Member States have been notified thereof.

Pursuant to Article 2 (1) of the Decision of 21 March 1962, the Commission delivers the following opinion: 1. The Commission notes that the main aims of the proposed measures are as follows: - greater freedom in respect of certain national passenger road-transport operations, in particular certain operations of a social character, certain operations where there is no direct remuneration of the carrier by the passenger, and operations carried out against payment and provided on the basis of individual seats by means of vehicles in which at most nine persons, including the driver, can be carried,

- devolution of powers so that decisions can be taken at the administrative level closest to the level at which problems are encountered,

- greater flexibility with regard to freight transport operations, compulsory tariffs ceasing to be the rule and becoming the exception,

- a new framework for relations between the State and the trade organization of freight forwarders and the trade organization of firms which hire out vehicles for the carriage of goods by road, to enable these organizations to carry out their duties more effectively.

2. The Commission notes with satisfaction that the proposed measures are in line with the objectives of the common transport policy, in particular those advocated by the Commission in its communications to the Council of 1973 and 1975. It is therefore bound to express a favourable opinion on the measures in question, in particular with regard to the relaxation of compulsory tariffs for the carriage of goods by road.

3. With regard to the definitions of scheduled and unscheduled services proposed in the draft Decree, it would be desirable for the French Government to take advantage of the opportunity of aligning its definitions with those adopted by the Community for international road passenger transport operations between the Member States contained in Regulation No 117/ 66/EEC (3), with a view to facilitating freedom of establishment.

The Commission had already expressed this wish in its opinion of 20 February 1973 (4), addressed to the French Government, in which it emphasized the value of altering the national definitions with a view to securing the harmonization at Community level of definitions for road passenger transport operations.

4. The Commission requests the French Government to notify it, at the appropriate time, of the text of the operating rules for scheduled services which the Minister of Transport is to be responsible for drawing up. This text is of interest to the Commission since, under Article 5 (1) of Council Regulation (EEC) No 517/72 of 28 February 1972 on the introduction of common rules for regular and special regular services by coach and bus between Member States (5), the Commission is required to propose to the Council model operating rules in respect of the latter services.

5. The Commission has not considered it necessary to hold an information meeting with representatives of the French Government, or to consult the other (1) OJ No 23, 3.4.1962, p. 720/62. (2) OJ No L 347, 27.12.1973, p. 48. (3) OJ No 147, 9.8.1966, p. 2688/66. (4) OJ No L 235, 23.8.1973, p. 17. (5) OJ No L 67, 20.3.1972, p. 19. Member States as provided for in Article 2 (3) of the Decision of 21 March 1962.

6. The Commission will inform the other Member States of this opinion.

Done at Brussels, 10 December 1980

For the Commission

Richard BURKE

Member of the Commission