COMMISSION RECOMMENDATION of 29 June 1978 concerning the general conditions for the application of the reference tariffs provided for in Article 4 (3) of Council Regulation (EEC) No 2831/77 on the fixing of rates for the carriage of goods by road between Member States (78/624/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 2831/77 of 12 December 1977 on the fixing of rates for the carriage of goods by road between Member States (1), and in particular Article 4 (3) thereof,

Having regard to the opinion of the Committee referred to in Article 16 of the said Regulation,

Whereas, in order to meet the objectives assigned to them in the said Regulation, the reference tariffs must promote the fixing of transport rates which correspond to the market situation and to the economic interests of those involved therein;

Whereas, in order to achieve this aim, reference tariffs must, in addition to the price schedules, include all the other rules necessary for calculating the transport rate, that is to say, the transport rate proper together with the associated costs;

Whereas these conditions for application, as an integral part of the reference tariffs, constitute only a recommendation for non-compulsory rules for calculating the transport rate,

MAKES THE FOLLOWING RECOMMENDATION:

Article 1

It is recommended that the road hauliers' professional organizations incorporate in the reference tariffs, within the meaning of Article 3 of Regulation (EEC) No 2831/77, the rules necessary for the calculation of transport rates (the transport rate proper and the associated costs), which are annexed hereto.

Article 2

The period of validity of this recommendation shall be the same as that of the abovementioned Regulation.

Article 3

This recommendation is addressed to the road hauliers' professional organizations in the Member States designated by the Governments of the Member States pursuant to the third subparagraph of Article 17 (1) of Regulation (EEC) No 2831/77.

Done at Brussels, 29 June 1978.

For the Commission

Richard BURKE

Member of the Commission (1)OJ No L 334, 24.12.1977, p. 22.

GENERAL RULES FOR THE REFERENCE TARIFFS

Article 1

Scope

1. The following provisions apply to the carriage of goods by road for hire and reward between Member States which, pursuant to Council Regulation (EEC) No 2831/77, is subject to a system of reference tariffs.

2. These provisions do not apply in the case of special tariffs governed by special rules.

Article 2

Definition of consignment

"Consignment" means a quantity of goods accepted by one carrier for one consignor at one loading point and carried in one trip in one vehicle for delivery to one consignee at one unloading point. Different points in the same industrial or commercial establishment are considered to be a single loading or unloading point.

Article 3

Transport rate

The transport rate agreed on the basis of the schedules constitutes full payment for: (a) the transport operations proper as defined in Article 4;

(b) vehicle waiting time as defined in Article 5: - during loading and unloading,

- at the customs and at frontier crossing points,

- en route.

Article 4

Delimitation of transport operations

1. The transport operations proper begin when the goods have been loaded onto the vehicle at the acceptance point and end when they are made available to the consignee of the goods, on the vehicle, at the unloading point.

2. Should other operations be agreed upon, such as the loading or unloading of goods by the carrier, these operations are paid for in addition to the transport rate.

Article 5

Waiting time

1. Waiting time, covered by the transport rate, begins at the moment when the vehicle is ready at the loading or unloading point and ends when the vehicle has been loaded and unloaded and the transport documents have been surrendered.

Waiting time for loading or unloading is 12 minutes per tonne or part of a tonne in gross weight. The minimum waiting time is 90 minutes per consignment.

If the vehicle is not presented early enough for it to be loaded or unloaded according to the waiting times fixed above, by 6 p.m. or by the time works stops, waiting time is not counted between 6 p.m. or, when work has stopped, one hour before 6 p.m. if the carrier was so informed before transport was effected, and 8 a.m. of the next working day.

Sundays and legal holidays in the country where the vehicle is parked at that time are not considered as working days (nor are any other weekdays on which the premises of the consignor or consignee are closed, if the carrier was so informed before transport was effected).

When waiting time is exceeded and if the cause is attributable to the consignor, the additional waiting time is paid as an extra to the carriage charge, in accordance with the provisions of the tariffs.

2. Waiting time at customs or at frontiers, in so far as it concerns the carriage of the same consignment, as well as waiting time en route in so far as it is due to the client are covered by the transport rates up to a maximum of five hours for each consignment.

Article 6

Basic rules for the calculation of transport rates

1. The transport rate is calculated separately for each consignment.

2. The following factors are to be taken as the basis for the calculation of transport rates according to the tariff schedules: (a) the weight of the consignment;

(b) the weight class of the consignment;

(c) the tariff distance;

(d) the class of the goods.

Article 7

Weight of the consignment

1. The weight of the consignment taken as the basis for the calculation of the transport rate is the gross weight of the consignment including packaging, tackle and pallets, rounded up to the nearest 100 kg.

2. Where the goods weigh less than 300 kg per cubic metre, the weight of the consignment in kilograms is determined, before rounding off, by multiplying the number of cubic metres which it occupies by 300 but without exceeding the carrying capacity of the vehicle used.

3. Where the consignor insists on the exclusive use of a vehicle or insists on a specific vehicle and the load does not occupy the full capacity of the vehicle, the weight of the consignment is the carrying capacity of the vehicle.

Article 8

Weight classes

1. The schedules are differentiated into several weight classes, to which corresponds each time a minimum weight.

2. Where the weight of the consignment falls between two weight classes, the rate is calculated according to the lower weight class, unless the application of the higher class corresponding to its minimum weight produces a lower rate.

Article 9

Tariff distance

1. The tariff distance is the distance between the loading point and the unloading point stated in the consignment note calculated in accordance with the tables of distance, with the exception of any sea crossing.

2. The tariff distance is to be calculated via the frontier crossing point or points stated in the consignment note. If no frontier crossing point is stated in the consignment note, or if the frontier crossing point or points cannot be used, the frontier crossing point or points to be taken into consideration in calculating the transport rate should be that or those which can actually be used and which provide the shortest tariff distance.

3. Where a particular itinerary is agreed upon, the tariff distance is to be calculated for that route.

4. Where, at the request of the consignor or of the consignee, the destination is changed before the goods are unloaded, the tariff distance is to be calculated according to the route actually taken.

Article 10

Classes of goods

The goods are to be divided into several classes ; this classification forms an integral part of the reference tariffs.

Article 11

Consignments consisting of different goods

1. Where a consignment consists of goods falling within different classes of goods and the weights of the goods in each class are not shown separately in the consignment note, the transport rate for the consignment as a whole is to be calculated by reference to the highest class within which the goods making up the consignment fall.

2. Where a consignment consists of goods falling within different classes and the weight of goods in each class is shown separately, the transport rate is to be calculated by applying to the weight of each item of goods the schedules for the total weight of the consignment, in each of the classes in question.

If it is to the advantage of the client, the transport rate for several goods making up a consignment may be calculated by reference to schedules for a weight class which exceeds the total weight of the consignment. In this case, the shadow weight required to reach the highest weight class is to be added to the weight of the preponderant goods, or, where weights are equal, to that of the goods falling within the higher class of goods.

For the purpose of applying these provisions, the weight of packaging, tackle and pallets is to be added to the weight of the goods for which they are used or to which they are attached.

Article 12

Carriage by temperature-controlled vehicles

For carriage by isolated, refrigerated, mechanically refrigerated or heated vehicle, the transport rate is to be increased according to the rules laid down in the tariffs.

Article 13

Consolidated loads

1. Where several consignments for a single consignor are carried on one journey in one vehicle, the transport rate is to be calculated by way of derogation from Articles 7 and 9, for each consignment according to the total transport distance between the first loading point and the last unloading point via all intermediate loading or unloading points and according to the schedule for the total weight of the consignment.

For each additional loading point or unloading point the transport rate is increased by a sum fixed by the tariffs.

2. These provisions apply unless application of the other rules would give a lower rate.

Article 14

Contracts with agents

Where the contract of carriage is between a carrier and an agent, the transport rate is to be reduced according to the rules laid down in the tariffs.

Article 15

Roll-on/roll-off transport

Where a road vehicle is carried by sea for part of the journey, the transport rate is to be calculated by adding to the rates for the inland portions of the journey obtained by applying the foregoing provisions: - a sum corresponding to the sea-freight charge paid by the carrier,

- a surcharge to cover those waiting costs of the road vehicle and its crew which concern the sea journey, to be calculated in accordance with the rules laid down in the tariffs.

Article 16

Special expenditure

Over and above payment for transport operations, reimbursement is to be made for charges or tolls of whatsoever kind relating to carriage and for other expenses arising en route, where the latter are chargeable to the consignor.

Article 17

Journeys made unladen

Compensation may be agreed upon for journeys made unladen which are chargeable to the consignor and are not followed by loading.