7. 3. 89 Official Journal of the European Communities No C 58/7 
COMMISSION 
Proposal for a Council Regulation (EEC) on the elimination of controls performed at the 
frontiers of Member States in the field of road and inland waterway transport 
COM(88) 800 final 
(Submitted by the Commission on 23 December 1988) 
(89/C 58/07) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 75 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas achieving freedom to provide services in the 
field of transport is an important element of the common 
transport policy under the Treaty; whereas, conse­
quently, it is the aim of the common transport policy to 
increase the fluidity of movement of the different means 
of transport within the Community; 
Whereas the Community is engaged in the adoption of 
measures with the aim of progressively establishing the 
internal market over a period expiring on 31 December 
1992, which comprises an area without internal frontiers 
in which the free movement of goods, persons, services 
and capital is ensured in accordance with the provisions 
of the Treaty; 
Whereas under the Commission's White Paper 
programme a proposal should be presented to the 
Council in order to abolish frontier checks and 
formalities related to the means of inland transport and 
documentation; 
Whereas, 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, auth­
orizations, and other documentation that vehicles and 
inland waterway vessels must comply with, and that 
these checks, verifications and inspections continue in 
general to be justified in order to avoid disturbances to 
the organization of the transport market and to ensure 
road safety; Whereas, according to existing Community legislation, 
Member States are free to organize and perform the 
aforementioned checks, verifications and inspections 
where they wish but in practice they carry them out from 
time to time at their frontiers; 
Whereas controls, verifications and inspections may be 
performed with equal efficacy within the Member States 
concerned, 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation applies to controls carried out by 
Member States pursuant to Community or national legis­
lation in the fields of road and inland waterway 
transport. 
Article 2 
For the purposes 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 
Controls pursuant to Community or national measures in 
the fields of road and inland waterway transport between 
Member States, and in particular those specified in the 
Annex, shall no longer be performed at the frontiers of 
Member States. 
Article 4 
This Regulation shall enter into force on 1 January 1990. 
This Regulation shall be binding in its entirety and 
directy applicable in all Member States. 
No C 58/8 Official Journal of the European Communities 7. 3. 89 
ANNEX 
PARTI 
Community legislation 
DIRECTIVES 
(a) Article 1, paragraph 4 of Council Directive 86/384/EEC (') relating to proof of compliance of vehicles 
with Directive 85/3/EEC (2) on the weights, dimensions and certain other technical characteristics of 
certain road vehicles, as amended by Directive 86/360/EEC (J) and Directive 88/218/EEC (4), which 
provides that vehicles may be subject, as regards common standards on weights, to random checks and, 
as regards common standards on dimensions, only to checks where there is a suspicion of 
non-compliance; and Article 1 paragraph 1 of Council Directive 88/218/EEC amending Directive 
85/3/EEC which refers to a series of provisions laying down controls for mechanically refrigerated 
equipment; 
(b) Article 5, paragraph 3 of Council Directive 77/143/EEC (5) on the approximation of the laws of the 
Member States realting to roadworthiness tests for motor vehicles and their trailers, as amended by 
Directive 88/449/EEC ('), which provides that each Member State recognize the proof that a vehicle 
has passed a roadworthiness test issued in another Member State; this act of recognition implying that 
a verification by national authorities be made anywhere within their territories; 
(c) Article 2, paragraph 5 of Council Directive 84/647/EEC (7) on the use of vehicles hired without 
drivers for the carriage of goods by road, which lays down that proof of compliance with the Directive 
is provided by a number of documents which must be on board the hired vehicle, the existence of the 
said proof implying that Member States may require checking them anywhere and at any time; 
(d) Article 3, paragraph 2 of Council Directive 65/269/EEC (') on the standardization of certain rules 
relating to authorizations for the carriage of goods by road between Member States as amended by 
Directives 83/572/EEC (') and 85/505/EEC (10), which provides that authorizations must be carried 
on the vehicle and be produced at the request of any authorized national inspecting officer; 
(e) Article 3, paragraphs 3, 4 and 5 of Council Directive 76/135/EEC (") on reciprocal recognition of 
navigability licences for inland waterway vessels, which provides that, as proof of compliance with the 
Directive, Member States may require that the licences, certificates or authorization be produced; 
(f) Article 17, paragraph 1 of Council Directive 82/714/EEC (12) laying down technical requirements for 
inland waterway vessels, which provides that Member States may at any time check that a vessel is 
carrying a certificate valid under the terms of the Directive; 
REGULATIONS 
(a) Articles 9 and 10 of Regulation (EEC) No 117/66 (1J) on the introduction of common rules for the 
international carriage of passengers by coach and bus, which refer to documents and certificates and 
which entitle any authorized inspection officer to verify and control the documents and to require the 
presentation of the documents; 
(b) Articles 17 and 18 of Regulation (EEC) No 516/72 (14) on the introduction of common rules for 
shuttle services by coach and bus between Member States, which provide that the authorization, list of 
passengers and travel document as defined in the Regulation shall be carried on the vehicle and be 
produced at the request of any authorized inspecting officer; 
C) oj 
O oj 
O oj 
O oj 
(') oj 
(') oj 
O oj 
(') oj 
(') oj 
n oj 
(") oj 
n oj 
(") oj 
n oj No L 221, 
No L 2, 3 
No L 217, 
No L 98, 
No L 47, 
No L 222, 
No L 335, 
No 88, 24 
No L 322, 
No L 309, 
No L 21, 
No L 301, 
No 147, 9 
No L 67, 7. 
1. 
5. 
15. 
18. 
12 
22 
5. 
28 
21 
29. 
28 
8. 
20. 8. 1986, p. 48. 
1985, p. 14. 
8. 1986, p. 
4. 1988, p. 
2. 1977, p. 19. 
48. 
47. 
8. 1988, p. 10. 
12. 1984, p. 72. 
1965, p. 1469. 
11. 1983, 
. 11. 1985, 
1. 1976, p. 
. 10. 1982, p. 33. 
p. 27. 
10. 
p. 1. 
1966, p. 2688. 
3. 1972, p. 13. 
7. 3. 89 Official Journal of the European Communities No C 58/9 
(c) Article 17 of Regulation (EEC) No 517/72 (') on the introduction of common rules for regular and 
special regular services by coach and bus between Member States, which provides that the authori­
zation provided for in Article 3 of the Regulation shall be carried on the vehicle and be produced at 
the request of any authorized inspecting officer; 
(d) Article 17 of Regulation (EEC) No 3820/85 (2) on the harmonization of certain social legislation 
relating to road transport, which entitles Member States to adopt measures which cover, inter alia, the 
organization of, procedure for and means of a control system to ensure that the provisions of the 
Regulation have been complied with; 
(e) Article 19 of Regulation (EEC) No 3821/85 (3) on recording equipment in road transport which 
entitles Member States to adopt measures which cover, inter alia, the organization of, procedure for 
and means of carrying out, checks on whether the equipment complies with the provisions of the 
Regulation. 
(f) Article 2 of Regulation (EEC) No 3164/76 on the Community quota for the carriage of goods by road 
between Member States (4) as last amended by Regulation (EEC) No 1841/88 (s) which provides that 
the Community authorization should be presented at the request of any authorized inspecting officer. 
PART II 
National legislation 
Controls on driving licences of persons driving vehicles, on the carriage of goods and of persons and on 
the insurance certificates of vehicles. 
(') OJ No L 67, 20. 3. 1972, p. 19. 
(2) OJ No L 370, 31. 12. 1985, p. 1. 
O OJ No L 370, 31. 12. 1985, p. 8. 
(4) OJ No L 357, 29. 12. 1976, p. 1. 
(5) OJ No L 163, 30. 6. 1988, p. 1. 
Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1785/81 on the 
common organization of the markets in the sugar sector 
COM(89) 67 final 
(Submitted by the Commission on 21 February 1989) 
(89/C 58/08) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Whereas Portugal's white sugar requirements have tradi­
tionally been met by the refining of imported raw sugar; 
whereas to that end Article 303 of the Act of Accession 
of Spain and Portugal lays down appropriate measures 
which are to apply during the transitional period for 
ensuring the supply of raw sugar to Portuguese 
refineries, drawing firstly on raw sugar imported from 
certain ACP countries and raw sugar produced in the 
Community and secondly, where this is insufficient, raw sugar imported from third countries at a reduced levy in 
order to bring its price to the level of the Community 
intervention price for raw sugar; 
Whereas in the Joint Declaration attached to the Act of 
Accession on supplies to the sugar refining industry in 
Portugal it is stated that the sugar in question is to be 
supplied under price conditions similar to those for pref­
erential sugars; whereas the arrangements for import at a 
reduced levy enabled the sugar thus imported to comply 
with those conditions; 
Whereas Article 9 (4) (b) of Council Regulation (EEC) 
No 1785/81 O, as last amended by Regulation (EEC) 
No 2306/88 (2), introduces an aid scheme for the 
refining of preferential raw sugar; 
(') OJ No L 177, 1. 7. 1981, p. 4. 
(2) OJ No L 201, 27. 7. 1988, p. 65.