EN Official Journal of the European Union L 304/63

REGULATION (EC) No 1100/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 22 October 2008

on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport

(Codified version)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1) Council Regulation (EEC) No 4060/89 of 21 December 1989 on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (3) has been substantially amended (4). In the interests of clarity and rationality the said Regulation should be codified.

(2) Achieving freedom to provide services in the field of transport is an important element of the common transport policy under the Treaty. Consequently, it is the aim of that policy to increase the fluidity of movement of the different means of transport within the Community.

(3) Pursuant to existing Community and national legislation in the field of road and inland waterway transport, Member States perform checks, verifications and inspections relating to technical characteristics, authorisations and other documentation that vehicles and inland waterway vessels must comply with. These checks, verifications and inspections continue in general to be justified in order to avoid disturbances to the organisation of the transport market and to ensure road and inland waterway safety.

(4) Under existing Community legislation, Member States are free to organise and perform the aforementioned checks, verifications and inspections where they so wish.

(5) Such checks, verifications and inspections may be performed with equal efficacy throughout the territory of the Member States concerned and crossing the frontier should not therefore be a pretext for carrying out such operations,

HAVE ADOPTED THIS REGULATION:

Article 1

This Regulation applies to controls performed by Member States pursuant to Community or national law in the fields of road and inland waterway transport carried out using means of transport registered or put into circulation in a Member State.

Article 2

For the purpose of this Regulation:

(a) ‘frontier’ means either an internal frontier within the Community or an external frontier, where carriage between Member States involves crossing a third country;

(b) ‘control’ means any check, inspection, verification or formality performed at the frontiers of Member States by the national authorities which signifies a stop or a restriction on the free movement of the vehicles or vessels concerned.

Article 3

The controls referred to in Annex I, and performed pursuant to Community or national law in the fields of road and inland waterway transport between Member States, shall not be performed as frontier controls but solely as part of the normal control procedures applied in a non-discriminatory fashion throughout the territory of a Member State.

Article 4

As and when necessary, the Commission shall propose amendments to Annex I to take account of technological developments in the field covered by this Regulation.

Article 5

Regulation (EEC) No 4060/89, as amended by the Regulation listed in Annex II, is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.

Article 6

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Strasbourg, 22 October 2008. For the European Parliament The President H.-G. PÖTTERING For the Council The President J.-P. JOUYET

(1) OJ C 324, 30.12.2006, p. 47.

(2) Opinion of the European Parliament of 14 December 2006 (OJ C 317 E, 23.12.2006, p. 599) and Council Decision of 15 September 2008.

(3) OJ L 390, 30.12.1989, p. 18.

(4) See Annex II.