COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92) 283 final 
Brussels, 19 June 1992 
Amendment to the proposal for a 
COUNCIL REGULATION (EEC) 
laying down the definitive system under which non-resident 
carriers may operate domestic road haulage 
services with a Member State 
(presented by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 
Sa*5^'-'l* 
I 
Explanatorv Memorandum 
1. On 22 November 1991 the Commission presented to the Counc i I a 
proposa I for a Counci I Reguiation laying down the definitive 
system under which non-resident carriers may operate domestic 
road haulage services within a Member State^1^. The aim of the 
proposal is to introduce free cabotage in road haulage from 
1.1.93, in accordance with the article 75 (1)(b) and the 
achievement of the Internal Market. 
2. The Economic and Social Committee gave its opinion on 29 Apr i I 
1992. 
3. The European Parliament approved the Commission proposal at its 
plenary session on 15 May 1992, subject to various amendments, 
the tenor of which is that cabotage should be subject to quotas 
unti I 1999. The Commission opposes th'is deferral of the 
introduction of full free cabotage in view of the obligation to 
introduce the freedom to provide services by 1.1.93 at the latest 
and the fact that there has already been a transitional period 
with cabotage subject to quantitative limits by virtue of 
Reguiation (EEC) no. 4059/89 laying down the conditions under 
which non-resident carriers may operate national road haulage 
services within a Member State^2^. 
Therefore, the Commission has refused all the amendments providing 
for a further transitional period for cabotage but has accepted four 
other amendments, which are indicated in the annexed text. 
(1) O.J. No. C317 of 7.12.91, p. 10 
(2) O.J. No. L390 of 30.12.89. p. 3 
2 
. , ^ . - , Amendment to the proposal for a 
Initial Commission proposal 
rr^NCn RE^HI ATION (EEC) 
Proposal for a CounciI Regulation 
(EEC) laying down the definitive 
system under which non-resident 
carriers may operatè domestic 
road haulage services with a 
Member State. 
Sixth recital 
Whereas the provisions of the Whereas the provisions of the 
host Member State applicable to host Member State applicable 
cabotage services should be to cabotage services should 
fixed except where Community be fixed except where Community 
legislation applies, so as to legislation applies; 
take into account the temporary 
nature of the services 
provided and the need to 
ensure fair competition between 
Community carriers; 
-Article 5 
Notwithstandinq the provisions of Deleted 
Article 4. between 1 January 1993 and 
31 December 1995 and where cabotage 
operations amount ... _to_..5j of its 
national trar.spc- it operations 
calculated in tonne-kilometres, a 
host Member State mav reguire prior 
notification of cabotage operations 
and may linit__s_uçh ocerations to 5% 
of its nationai .oad transport 
operations _ç_a Jc\\l t X*& in tonne-
kilometres in 1993. to •>*, J.P. 1994 and 
to 7% in 1995. sub ;ect to approval 
beinq qiven by tiv-- ?-v-r>nission within 
15 days of receipt .of the application 
by the State concen.gô ._ 
V 
carriers must send the pr ior 
notification via the competent 
authorities of the Member State Q£ 
establishment to the competent 
authorities of the host Member State. 
Article 6(2) and (3) 
2. Any infringements committed by a 
non-resident carrier shall, without 
prejudice to any criminal proceedings 
to which they expose that carrier in 
the host Member State, be 
communicated to the competent 
authorities of the carrier's Member 
State of establishment. 2. Any infringements committed by a 
non-resident carrier shall, without 
prejudice to any criminal proceedings 
to which they expose that carrier in 
the host Member State, be 
communicated to the competent 
authorities of the carrier's Member 
State of establishment. 
The competent authorities shall 
communicate to one another all 
information in their possession on 
the penalties imposed in respect of 
such infringements. The competent authorities shall 
communicate to one another all 
information in their possession on 
the penalties imposed in respect of 
such infringements. 
if a falsified 
is submitted. cabotage authorizat 
authorization 
withdrawn forthwith and the 
authorization forwarded 
appropriate 
carrier's author i t 
Member ties 
St shall 
falsif 
to 
of 
ate :ion 
be 
lied 
the 
the 
of 
establishment 
3. The competent authorities of the 
host Member State may, in the event 
of serious or repeated infringements, 
ask the competent authorities of the 
Member State of establishment to 
irapose penalties. 
Those penalties may in particular 
consist of: 3. The competent authorities of the 
host Member State may, in the event 
of serious or repeated infringements, 
ask the competent authorities of the 
Member State of establishment to 
irapose penalties. 
Those penalties may in particular 
consist of : 
a warning, - a warning, 
- a temporarv or oermanent ban on the 
nnflertaking' s access to the 
national transoort servires of 
host Member State. the 
a temporary or permanent ban 
on operatinq national trans-
port services within the host 
Member State; this ban will 
be noted in the Community 
authorization laid down in 
Article 3 of Regulation 
(EEC) ... (Doc. C0M(91) 294 
presented to the Council on 
27 August 1991. These bans shall be noted in the 
in the Community authorization 
laid down in Article 3 of Counci 
Regulation (EEC) no. 881/92 on 
access to the market for the 
carriage 
the 
the 
or 
of of goods 
Community to 
ter r i tory of 
passing across 
one or by road within 
or from the 
a Member 
the ter r 
more Member Stat State 
i tor y 
es ; 
a withdrawal of the Community 
author i zat ion. a withdrawal of the Community 
author i zat ion. 
Article 8a (new) 
Tne Commission ^hall draw up a List 
by Member State of soecifiç transoort 
provisions, other thah Community 
provisions. with which transporters 
are recruired to comply pursuant—to 
Article 3M)(a)-(d) oJ ULLS. 
Regulation. 
The Member States shall orovide all 
information relevant to compiling 
that list. Copies of thp list shall 
he provided bv the Commission—ajt 
reasonable cost. 

ISSN 0254-1475 
4 
COM(92) 283 final 
DOCUMENTS 
EN 07 
Catalogue number: CB-CO-92-293-EN-C 
ISBN 92-77-45755-4 
Office for Official Publications of the European Communities 
L-2985 Luxembourg