COI\NISSION OF THE EUROPEAN COMMUNITIES 
C0M(92) 494 f Ina I 
Brusse Is, 2 December 1992 
COMMUNICATION FROM THE COMMISSION 
THE FUTURE DEVELOPMENT 
OF THE COMMON TRANSPORT POLICY 
A global approach to the construction 
of a COmmunlty framework 
for sustainable IIOblllty 
TABLE OF CONTENTS 
I. INTRODUCTION 1992 AS A TURNING POINT FOR THE CTP par 1-9 
II. THE TRANSPORT ECONOMY TRENDS AND TENDENCIES 
11. 1 
11 • 2 
11 • 3 
> 11 .4 
11.5 
11 .6 
I I I • 
I I I • 1 
I 11 • 2 
IV. 
IV .1. 
IV.1.a 
1V .1.b 
IV. 1.c 
IV. 1 .d 
IV. 1 .e General par 10-12 
Modes par 13-17 
Investment and pressure on capacity par 18-19 
Broader environmental and other pressures par 20-27 
Prospects In particular for the environment par 28 
The transport economy par 29-34 
OBJECTIVES AND SCOPE OF THE COMMON TRANSPORT POLICY • SUSTAINABLE MOBILITY FOR THE COMMUNITY AS A WHOLE 
Objectives on the Common transport policy 
Global approach 
ISSUES AND POSSIBLE ANSWERS par 35-39 
THE COMPLETION, REINFORCEMENT ~D PROPER FUNCTIONING OF THE 
INTERNAL MARKET 
General par 46-47 
Application of the 1992 111easures par 48-53 
Generally applicable Treaty rules par 54-64 
Further legislative development of the par 65-69 
Internal market 
Information and analysis of the functioning par 70-74 
of the market 
IV.2 
IV.2.a 
IV.2.a.1 
IV.2.a.2 
IV.2.a.3 
IV.2.a.4 
IV.2.b 
IV.2.b.1 
IV.2.b.2 
IV.2.b.3 
IV.2.c 
IV.2.c.1 
IV.2.c.2 
IV.2.c.3 
IV.2.d From the elllnatlon of barriers towards an effective 
Integrated system 
IMBALANCES AND INEFFICIENCIES 
Modal dlsequlllbrla 
Regional dimension 
Environment 
The Cha I I enge 
TRANSPORT DEMAND, INTERMODAL COMPETITION 
AND COMPLEMENTARITY 
capacity constraints and possible responses 
Costs charges and subsidies 
Complementary Measures 
SYSTEM AND NETWORK DEVELOPMENT 
Introduction 
Research and development 
Trans-European network development 
ENVIRO~ENTAL PROTECTION AND CONSERVATION 
IMPROVING THE ENVIRO~ENTAL PERFORMANCE OF 
TRANSPORT par 75-85 
par 86-90 
par 91 
par 92 
par 93-95 
par 96-103 
par 104-117 
par 118-122 
par 123-133 
par 134-147 
IV.2.d.1 Introduction par 148-150 
par 151-155 
par 156-160 IV.2.d.2 Main environmental problems 
IV.2.d.3 Reactions to the Green Paper 
IV.2.d.4 The COmmunlty•s response environment protection 
as an Integrated theme of the CTP par 161-184 
IV.2.e 
IV.2.e.1 
IV.2.e.2 
IV.2.e.3 
IV.2.e.4 
IV.2.e.5 
IV.2.f. TRANSPORT SAFETY FOR THE PROTECTION OF USER AND 
NON-USER ALIKE 
General par 
Road Safety : the current situation par 
Maritime safety: the current situation par 
Civil aviation: safe but perfectible par 
Transport of dangerous goods by al I modes par 
SOCIAL POLICY AND TRANSPORT 185-187 
188-204 
205-221 
222-240 
241-249 
IV.2.f.1. Community social policy and the social 
dl11enslon of CTP: Complementary instruments par 250-255 
IV.2.f.2 Principal areas of activity par 256-285 
par 286-288 
par 289-290 IV.2.f.3 TransPort for people with reduced mobility 
IV.2.f.4 Protection and promotion of employment 
IV.3 STRENGTHENING THE EXTERNAL DIMENSION OF THE CTP 
IV.3.a 
IV.3.b 
IV.3.c 
IV.3.d 
IV.3.e 
IV.3.f The external dimension: progress to date par 291-297 
current problems par 298-304 
Community powers In the external fields par 305-309 
New approach: priorities par 310-323 
A global approach to the transPort services 
and systems of Europe par 324-329 
International organisations and multilateral 
conventions par 330-331 
V. COMMUNITY POLICIES AND PRIORITIES 
V.1 The action programme par 332-335 
V.1.a The economic and regulatory framework par 336-357 
V.1.b Technical harmonisation par 358-362 
V.1.c Research and development par 363-367 
V.1.d Trans-European Networks par 368-372 
V.2 Safety for the protection of the user and 
non-user a I Ike par 373-380 
V.3 Environment par 381-383 
V.4 Social protection par 384-389 
V.5 External relations par 390 

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I I. I:NTBODUCTION I 
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1. The end of 1992 will mark the beginning of a new departure for 
the Convnunity's common transport pol Icy (CTP). 
2. For many years progress towards the real isat Ion of the CTP was 
slow, especially when measured against the Importance of 
transport In the Convnunlty economy. 
3. The Court of Justice had to Intervene several times on basic 
quest Ions of i nterpretat Ion of the transport prov Is Ions of the 
Treaty of Rome In order to make progress possible. This process 
reached Its cl lmax In 1985 when the Court declared that the 
Inland transport of goods and passengers should be open to al I 
Convnunlty firms, without discrimination as to national lty or 
place of establishment. 
4. The 1985 landmark Judgement of the Court coincided with the 
Commission's White Paper on the completion of the Internal market 
now entering Its final phase In the run-up to 1993. The 
Commission then placed transport In the forefront of the moves 
towards the completion of the Internal market recognising that 
the abol It Ion of restrictions on the provision of transport 
services was essential If the ellmlnatlon of other, 
administrative, technical, fiscal, customs and other barriers to 
trade were to real lse their ful I potential. 
5. The Single Act that fol lowed accelerated the decision making 
process by Introducing majority voting on questions of shipping 
and air transport pol Icy. 
6. S I nee then, the CTP has deve I oped rap Id I y, encompass Ing a w I de 
range of measures, act Ions and In It i at Ives a Im Ing at br Ing Ing 
about the single market for transport services. The end-result 
of this process, now emerging as a tangible real lty throughout 
the Convnun I ty, Is the creat Ion of a new more open market free 
from unnecessary red tape and quantitative restrictions, but at 
the same t lme maintaining such guarantees as are necessary to 
ensure fair competition. Other Important components of this 
emerging reality are Improved competitiveness, financial 
performance and eff iclency of transport undertakings and 
Improvements In the functioning and qual lty of transport systems, 
Including safety, rel labi I lty and passenger comfort. Measures 
have also been taken for the protection of the environment, whl le 
a beginning has been made concerning transport related research 
and development and transport Infrastructure. Transport relations 
with third countries have also begun to be dealt with at 
Convnun I ty I eve I . 
7. The Implementation of the Treaty on European Union agreed at 
Maastrlcht will at once confirm and give a new Impulsion to the 
evolution of the CTP. Measures to Improve transport safety 
receive for the first time explicit recognition. The provisions 
on trans-European networks and economic and social cohesion 
provide a 
-5 -
new basis for the Commun I ty to contribute to the estab I i shment 
and development of transport infrastructure. The new title on 
Industry underlines the need for conditions that wi I I ensure the 
competitiveness of Community enterprises. At the same time the 
Union Treaty emphasises that In accordance with the principle of 
subsidiarity , the CTP must consist of actions which cannot be 
realised adequately by the Member States individually and 
therefore, by reason of their dimensions or effects, are better 
realised by the Community. 
8. Therefore, 1992 marks an important turning point in the evolution 
of the CTP from a po I Icy which has aimed assent ial ly at the 
completion of the internal market through the elimination of 
artificial regulatory barriers to the provision of services, 
towards a more comprehensive pol Icy designed to ensure the 
proper functioning of the Convnunity's transport systems, on the 
basis of an internal market In which any remaining restrictions 
or distortions should be el imlnated as rapidly as possible, whl le 
taking into account the new challenges I ikely to confront 
transport pol Icy in the post-1992 period. Among those challenges 
one of the most important is the integration of environmental 
objectives as now laid down in the Union Treaty. The 
Identification of the new challenges taken as a whole, and of 
the extent to wh I eh they requ I re a Community response, 
constitutes the necessary first step in the deve I opment of the 
Community's CTP up to the end of the decade and beyond into the 
new century. 
9. The purpose of t h Is paper Is to set out a g I oba I approach to 
these issues that wi I I enable those concerned and, in particular, 
the Commun I ty 's po 11 t I ea I Institutions to consider them as a 
whole before particular inlt lat Ives are launched, start Ing In 
1993. 
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II. THE TRANSPORT ECONOMY : TRENDS 
AND TENDENCIES 
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11.1. GENERAL 
10. Transport Is a growth Industry. Its development depends on the 
development of the economy as a whole. Despite regional 
variations and different developments in the various transport 
modes, transport demand has experienced virtually uninterrupted 
growth since the 70s. In general transport demand, for both goods 
and passengers, runs In parallel to growth In GDP, although there 
are Indications that lower GDP growth rates may result In 
disproportionately smaller, and higher GDP growth rates in 
disproportionately higher, growth of transport activity. Since 
1970 the annua I econom l c growth In the Convnun I ty has averaged 
2.6% in real terms. For the same period the growth rates of 
transport services averaged 2.3% for goods and 3.1% for 
passengers. 
11. The following main factors have generally been Identified as 
contributing to this growth: 
changes in the structure of manufacturing industry have 
resulted In locational shifts from urban to new Industrial 
sites and contributed towards a dispersal of economic 
activities; these changes have been amplified by the 
continuing process of economic integration within the 
Convnunlty; 
changes In the production methods of manufacturing Industry 
have led more and more towards stock-reducing, flexible, 
diverse, rapid and tal lored transport with reductions In 
shipment size and Increases in shipment frequency; 
the rising share of the service industry and Its multi-site 
businesses have caused rapidly growing professional mobility 
over short, medium and long distances; 
the Increase of net disposable Income and demographic changes 
have I ed to higher rates of car ownership and l ncreased 
holiday and leisure time travelling. 
12. This general pattern of growing demand is I ikely to persist if 
economic growth is maintained. While simple extrapolation of 
past trends shou Id not be treated as a forecast of what w i I I 
Inevitably happen, Figure 1 shows, If current trends continue, 
the pressures which the Community's transport systems may have to 
acconvnodate. It should be noted that the trend for goods 
understates the probable growth In traffic since average shipment 
size is still decreasing whl le shipment frequency is Increasing. 
-8 -
Figure 1 
2Sl 
2CX) 
100 
100 
50 Trends in the fronspor1 of goods and passengers ·) 
--... --:--: =-= :._: :...: :_ ---
._.; =---= __, -......: :....------
Index Posserager- ---Index Goods -----Index EUR 12 GDP 
kilometres Tonne-kilometres 
·> projected GNP growth rote until ·20'.X) of 2.7'% p.a. 
11.2. UOQES 
13. However •. transport growth In the Community for both goods and 
passengers has not been spread evenly between modes. 
1~. As regards goods. as $hown In Figure 2 and Table I (annex I). 
transport actlvt-tyC1) has Increased by wel I In excess of SOX In 
the last 20 years, road transport account Ing for most of the 
Increase: 
transport by Inland navigation has slightly Increased Its 
transport volume In absolute terms but Its relative share has 
decreased by a third to 9X; 
transport by rall has contracted by 15X In absolute terms and 
decreased In relative terms from 28X to 15X; 
transport by plpel lne has sl lghtly grown In absolute terms 
but Its relative share has decreased to 6X; 
with substantial annual growth rates. transport by road has 
more than doubled In absolute terms and now accounts for 
about 70X of all transport activity. 
(1) ln tonne-la •xcludl119 1110rltlmo tranaport and after odjustmonh for the accession of Spain a,d 
Portugol. Maritime tran~ort doe• not lend ltaelf to the convent lonat measure of transport activity. 
ncnely t/1111. but I• normally measured anly In tel'IM of total tonnoge. 
-9 -
Mar It lme transport has a I ways been a major mode In terms of 
tonnage for longer. ma Inly cross-border routes. After volume 
growth of about 35% between 1975 and 1985 the volume of goods 
transported has since undergone little change In absolute terms. 
Maritime transport Is of particular Importance for trade between 
Member States In the eommunlty where at least 30% of all goods 
are transported by sea. but Is much less significant for domestic 
transport.within a Member State with only an estimated 2% to 3% 
of all goods transported by sea. although generally over 
substantially longer distances. 
Figure 2 
1200 
1000 
_800 
600 
400 
200 EC-Freight Transport 
Thousand Million Tonne-Kilometres 
1970 1980 1985 1990 
11J Road  Rail 111 lnl. Waterways  Pipelines 
15. As regards passengers, as shown In Figure 3 and Table II 
(annex I). transport actlvlty< 2> has Increased by more than 85X 
In the last 20 years, most of the Increase being attributable to 
use of the private car : 
(2) In poaaer19erj¾n after adjustment• for the occeaalon of Spain and Port&19ol. 
Figure 3 
Thousands 
1970 -10 -
a It hough transport by r a i I has Increased by about 25% in 
absolute terms, its relative share has been reduced from 
about 10% to between 6% and 7% of all passenger transport; 
eQually, transport by bus has increased in absolute terms by 
about 45% but Its relative sh~re decreased by 3i to under 9%; 
a I r ··transport a I though now represent Ing on I y about 6% has 
experienced the blQ~~st growth rates and more than quadrupled 
In absolute terms o~er the period; 
the bulk of the Increase of total passenger transport Is due 
to the use of the private car which has doubled In absolute 
terms. Although it was already the predominant mode In 1970 
with 76%, Its share has further Increased to about 79%. 
EC-Passenger Transport 
Thousand Million Passenger-kilometres 
1980 1985 1990 
Ii] Private Cars II Rail fl1 Buses and Coaches II Air 
-11 -
16. A more detailed analysisC3} shows that transport of goods by 
road has always taken place principally over short distances: 
66% of all goods are transported within 50 km and a further 20% 
within distances of between 50 km and 150 km, leaving only 14% to 
longer distances. Although comprehensive data for passenger 
transport by private cars are lacking, Indications from two major 
Member StatesC4) point to the predominance of short distance 
transport. It was found In one country that half the car 
passenger Journeys were over a distance of less than five 
kilometres and only every fourth over more than ten kilometres. 
Data from the other country show that a private car Is on average 
only used for 2.7 Journeys per year over a distance of more than 
200 kilometres and that half the private cars never travel that 
distance. Transport of goods by rail takes place primarily over 
medium distances. Although detailed information is only 
available on national rail traffic In the Member States, it is 
estimated that Just under half of all national and international 
rai I transport takes place over distances of more than 150 km and 
about 15% over distances in excess of 500 km. The characteristics 
of transport by Inland waterways result In the majority of goods 
in the Community being transported over medium distances. 
17. Although the factors affecting growth of transport activities are 
complex, it would appear likely that In the absence of new policy 
measures growth wi I I continue to concentrate on road transport of 
both goods and passengers. Air transport of passengers Is 
generally expected to continue to grow at rates above the rate of 
growth In GDP mainly because of the low base, increasing 
commercial and industrial links between different parts of the 
Community, and changing patterns In holiday travel resulting from 
higher disposable income. However, under certain conditions, 
i nc lud Ing the app 11 cat Ion of part I cu I ar transport po 11 cy 
measures, patterns may develop differently. For example, recent 
figures from the Netherlands show a stabll lsatlon In car use and 
a steady increase in rail passenger trafficC5). To what extent 
such developments may modify the general trend is at present 
unclear. 
11.3. INVESTMENT AND PRESSURE ON CAPACITY 
18. While transport demand has grown, Investment in Inland transport 
Infrastructure in EuropeC6) expressed as a percentage of gross 
domest I c product actua I I y dee I i ned between 1975 and 1980 from 
1.51 to 1.2%, but this decline was halted In the early 1980's and 
the relative Investment share remained at about 1% throughout the 
decade<7>. 
3 Based on : Euroatat, Carriage of Goode -Rood, 1989. 
4 <EST, Synt~N Mai 1992, Parle. 
Socialdota Qnbh, lil1nchen. !51 "Auto•• in Nederland" -Centraol Bureau van de Statiatiek, Sept. 92. 
6 ear.>riatng new conatruct Ion, extenalon, reconatruct Ion and renewal. 
7 Source: ECMT -Investment trends in transport inf rostructure in ECMT count rt ea in the 1980'• -
ECMTft:M(91) 9, chapter 4. 
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19. Although there are fluctuations on a year-to-year basis, the 
relative Importance of investments In al I modes<8) In the years 
1980 and 1989 shows that 
road accounted for Just over 66% of a I I investments w Ith a 
smal I downward trend; 
ral I's share has slightly increased to about 23%; 
the shares for both ports and Inland waterways have decreased 
from 5% to 3.5% and from 2% to 1.5% respectively; 
airports have benefited most from Investments Increasing 
their share substantially from 2.9% to 5.6%. 
Growth In transport demand and relative decl lne In Inland 
transport Infrastructure investment have Increased pressure In 
particular on the road and rail networks' capacity which have 
reached saturation at many points. Even substantial investments 
in airports have proved insufficient equally resulting, in 
combination with unsatisfactory air traffic control mechanisms, 
in pressure on existing capacity. 
11.4. BROADER ENVIROtMENTAL AND OTHER PRESSURES 
20. The growth in transport activity not only leads to pressures on 
capacity, but raises broader environmental issues. The effects on 
transport of the economic and technological developments over the 
I ast two decades have exacerbated the areas of. conf I I et between 
transport and the environment. These areas of conflict take the 
form of energy consumption, operational pollution, land­
Intrusion, congestion and risks Inherent to the carriage of 
dangerous goods. 
21. Since the beginning of the 1970's transport has become a major 
consumer of non-renewable energy. Over the last two decades the 
energy consumption of road transport has Increased by 103%, which 
represents an average annual growth of 3.8%, whereas energy 
consumption for air transport Increased by approximately 93%, an 
average Increase of 3.6% per annum. 
(8) Except pipeline,. 
I) -13 -
22. The available data for atmospheric pollution caused by road 
transport show a substant i a I increase over the I ast two decades 
for a number of pollutants. Most Important of these is the 
emission of carbon dioxide (Co2>, the main man-made "greenhouse 
gas", by motor vehicles which increased by 76% between 1971 and 
1989, an average annual increase of 3.2%. 
I I Means of transport Share In total C02 
emissions 
by transport sector 
1. Road: total 79.7% 
-private car 55.4% 
-goods vehicles 22.7% 
-buses+ coaches 1.6% 
2. Aviation 10.9% 
3. Ra i I ways: total 3.9% 
-passengers 2.8% 
-goods 1.1% 
4. Inland waterways 0.7% 
5. Other transport 4.3% 
Source Consultant TNo(9) 
Other pollutants include: 
nitrogen oxide (NOx), wh i eh contributes i nd I rect I y to the 
"greenhouse effect" and directly to acid rain and the build­
up of tropospheric ozone and which increased by 68%; 
particulates detrimental to human health which increased by 
106%; 
hydrocarbon (HC) emissions, which contribute to the 
"greenhouse effect" and the bu i Id-up of t ropospher I c ozone 
and may have potential carcinogenic effects and which 
increased by 41%. 
23. Trends indicate that, In a "business as usual" scenario, energy 
consumpt Ion and co2 output by the transport sector are I ikely 
to increase by 24.6% between 1990 and 2000(10). 
(9) TN> Policy Research, Possible Carmuitty Measures Aiming at Limiting COi Einiasiona in the 
Transportation Sector, Delft, August 1991, p. &-7. 
(10) Energy In Europe, A view to the future, Carmlaalon of the European Carmuilty, September 1992. 
-14 -
24. Transport also causes water and soil pollution and is a source of 
noise and vibrations. 
25. Transport infrastructure causes land-intrusion with permanent and 
often irreversible Impact on the landscape and the urban 
environment. 
26. Transport is also increasingly the cause of congestion. Between 
1970 and 1989 the volume of road traffic (in vehicle-kms) doubled 
both for private cars and freight vehicles (average annual growth 
of about 3.7%). One of the main contributory factors for this 
growth was the development of car ownership in the Convnunity. On 
the basis of trends since 1975 the number of cars in the 
Convnunity is expected to increase between 25 and 30 % during the 
priod 1990 to 2010. 
27. In addition to the effects identified above, transport activity 
is also the cause of physical damage to persons and property, 
including fatal accidents. The resulting economic costs are 
impossible to quantify but despite progress made in the 
prevention of accidents in recent years, they remain a 
substantial burden, financial and otherwise, to be borne by 
society as a whole. 
Cars per 1000 inhabitants 
SOO ·~· 
4(X) EOR12. 
300 
GR 
100 
Ql------+-------"11--------+------+--------1 
1970 1975 1980 1985 1989 
11 
12 -15 -
11.5. PROSPECTS, IN PARTICULAR FOR THE ENVIROt-MENT 
28. As to the future, forecasts of growth in transport demand show 
that in a "business as usual" scenario with a reasonably 
favourable economic climate the expansion of the road sector Is 
I lkely to be buoyant. Under these conditions, a near doubling of 
road transport demand for both passengers and freight seems 
I lkely. Although technological progress and measures already 
taken will mitigate the environmental Impact, In the absence of 
additional pol Icy actions, significant worsening of the situation 
Is still likely as regards pollution, notably co2 emissions, 
congestion and accidents. Even if lower economic growth slows 
the rate of deterioration for a time, the risk of the development 
of the transport sector being unsustainable In the medium to long 
term due to its broad environmental impact remains real. 
11.6. THE TRANSPORT ECONOMY 
29. While the scale and growth of transport activity pose problems, 
they also under I ine the importance of this sector to the 
continued health of the Community's economy. 
30. With only marginal changes since the beginning of the 1980's, the 
transport service industry has represented about 4% of gross 
domestic product< 11>. If own account and private transport are 
included, the share rises to an estimated 7% to 8%. Employment 
figures over the last decade reflect the changes in the relative 
Importance of transport modes with only insubstantial changes In 
the aggregrate number of salaried employees representing a 
percentage of between 4% and 5% of the total salaried 
workforceC12). In 1991, a total of about 5.6 Mi 11 Ion persons 
were employed in transport, distributed between the sectors as 
shown below. 
Transport sector Total number of Jobs in 
each sector ex 1000) in 
Community countries 
1. Ra i I ways 897.8 
2. Inland waterways 24.2 
3. Road and other inland 
transport 2509.0 
4. Maritime 217.3 
5. Aviation 349.6 
6. Associated activities 1569.9 
TOTAL 5567.8 
Source Estimation based on Community Labour Force Survey,1991 
Eurostat, Transport, Annual Statistics 1989, p. 3; sane estimates are higher. 
Euroatat, Basic Statiatica, 1991, p. 120. 
(13) 
(14) 
(15) 31. 
32. 
33. 
34. -16 -
The transport eQulpment lndustryCl3) is one of the pr lnclpal 
Industrial sectors In the Community, in terms of turnover second 
only to the food industry. Its most important sector is the 
motor veh I c I e Industry, i nc I ud i ng parts and accessor I es, wh i eh 
accounts for over three Quarters of the sector's output in 1989, 
the aerospace Industry being second with around 14%<14>. 
Fo I low Ing the second o i I er is Is at the beg Inn i ng of the 1980s 
I ittle growth was registered unti I 1985. However, from 1985 
onwards unt i I recent I y, substant I a 11 y Improved growth rates, In 
particular, In the motor vehicle and aeronautical Industries, 
were among the ma In cata I ysts for the cont I nued growth of the 
entire Community economy, both through own growth and because the 
transport eQulpment Industry is one of the most important 
customers for a number of other I ndust r I a I sectors, the most 
Important being the iron, steel and metal Industries, mechanical 
engineering, the electrical, plastic and chemical industries. 
Technical developments in al I sectors of the transport eQuipment 
Industry have transformed it into a pace-setting industry for 
technological Innovation from which a wide range of other 
industries benefit. 
The transport eQuipment industry employs an estimated 2.6 mi I lion 
peop1e<15) representing about 6.5% of total Community 
industrial employment. It is estimated that one out of 10 Jobs 
In the Community depends directly or indirectly, from third-tier 
supplier to servicing and repair shops, on the motor vehicle 
sector. 
Apart from being a substantial industry in Its own right, the 
transport eQulpment industry is of vital Importance for the 
proper functioning of other manufacturing and service Industries 
wh I eh depend on the ava i I ab i I i ty of ef f I c I ent state-of-the-art 
transport eQulpment. 
Finally, the transport service industry is essential for the 
Integration of the Community, its economic performance and the 
mob 111 ty of Its c it I zens. The prob I ems of the more per i phera I 
regions show that geographic disadvantages may be exacerbated by 
insufficient transport resulting in a lack of competitiveness and 
difficult market contacts of the economies concerned. Should the 
Convnunlty's transport system cease to function adeQuately under 
pressures of growth, it could not fai I to have a serious negative 
Impact on the Community as a whole. 
Motor vehicles (Including ports and accessories), shipbuilding, railway rolling stock, moped and 
motorcycles, aerospace equipment. 
Ponorano of EC Industries 1991-1992, chapter 13. The shore of the other sectors being : 
shipbuilding 4.SX, roll and tran 1.~. cycles and motorcycles 1.~. other~-
1989 figure: Panorano of EC Industry, Statistical Supplement 1992, chapter 13. 
-17 -
m. OBJECTIVES AND SCOPE OF THE 
CCI\I\EN TRANSPORT POL ICY: 
SUSTAINABLE l\EBILITY FOR THE 
CCI\UUNITY AS A VVHOLE 
-18 -
111.1 OBJECTIVES OF THE COt&tQN TRANSPORT POLICY 
35. According to Article 74 of the EEC Treaty, the fundamental 
objectives of the CTP are those of the Treaty Itself. These are 
set out In Article 2 and, following the Maastrlcht agreement, 
consist of the promotion throughout the Community of a harmonious 
and balanced development of economic activities, sustainable and 
non-inflationary growth respecting the environment, a high degree 
of convergence of economic performance, a high level of 
employment and of social protection, the raising of the standard 
of I iv i ng and qua I it y of I if e and economic and soc i a I cohesion 
and so Ii dar i ty among Member States. Moreover, as he Id by the 
European Court of Just ice in Case 167/73(16), Article 74, by 
referring expressly to Articles 2 and 3, preserves the 
application of the Treaty's general rules to the transport sector 
except in so far as it spec if i ea II y provides otherw I se. The 
specific provisions on transport, far from setting aside 
fundamental Treaty rules such as those concerning the 
establishment of a common market, have as their object to give 
effect to and complement them by common actions. 
36. The development of the CTP has also to respond to wider issues of 
depletion of natural resources and environmental degradation at 
the global level. Even before the Rio Summit the Community had 
in the Dublin declaration of June 1990 committed itself to the 
application of the principles of sustainable development. This 
convnitment has been developed by the Commission in its Fifth 
Environmental Action Programme which has Identified the 
Importance of the integration of environment and resources Issues 
into sectoral policies. The transport sector is of particular 
importance In this respect. For example, the greenhouse effect 
I Inked directly to energy use and co2 emissions is without 
question of paramount importance. The Community has set Itself 
clear targets for co2 stabilization and the transport sector is 
a key actor in the efforts necessary to achieve the stab ii izatlon 
target of 1990 levels by the year 2000. Final IY, in accordance 
with the Maastrlcht agreement, Article 130r of the Treaty will 
obl lge the Community to Integrate environment protect Ion 
requirements Into the definition and implementation of other 
Convnunity pol icles including transport. 
37. In addition, the formulation and implementation of the CTP will 
have to take proper account, in accordance w Ith Art i c I e 130b of 
the Maastricht agreement, of the objective of strengthening the 
Convnunity's economic and social cohesion, in particular, by 
reducing disparities between the regions and the backwardness of 
those least favoured. The I ink between the improvement of 
transport infrastructure and the accessibi I lty of the regions 
should be seen In the light of Its consequences on the planning 
of residential areas and centres of employment, production 
districts and areas· od consumption as well as on the volume of 
traffic and Its organization. Therefore, the provision of 
transport infrastructure, including projects within assisted 
areas and the development of transeuropean networks should be 
carefully planned In order to remove imbalances and secure 
effective mobi I ity. 
(16) Judgement of the Court of Justice of 4.4.74: Caae N•167/33; E.C.R. 1974, p. 367. 
38. 
39. -19 -
Accordingly, In the transport field, these objectives require the 
development of policies to ensure that the transport sector can 
take full advantage of the Treaty's provisions on a single market 
and that the different geographical components of the Community 
benefit from transport systems that wl II provide services 
efficiently, safely, under the best possible social conditions 
and fully respecting the objectives of the Community's 
environment policy. 
Transport efficiency requires that, on the basis of a properly 
funct I on i ng i nterna I market, the deve I opment of t rans-European 
transport networks and the possibilities offered by best 
available technologies, citizens and enterprises should have 
access to means of mobility corresponding as closely as possible 
In qua I lty and performance to their needs and expectations. 
Access to these facl I I ties should be at a reasonable cost 
consistent with their long term maintenance and development. At 
the same time, transport services must be safe from the point of 
v I ew both of the user and others who are p I aced at r I sk. They 
must also be provided under conditions which promote the 
Community's social cohesion. Finally, transport systems must 
cont r I bu te to the protect I on of the env I ronment and, In 
particular, to the solution of major environmental threats such 
as the greenhouse effect and to the achievement of sustainable 
development. The realisation of al I these objectives lmpl les 
that as a general rule all transport users should pay the full 
costs, Internal and external, of the transport services that they 
consume, even if these costs are In some cases paid by society to 
assist those in need. In particular, Internalisation of external 
costs should be a major element of a transport policy Integrating 
the protection of the environment. 
111.2 GLOBAL APPROACH 
40. This approach, which 
susta 1nab le mob 111 tv. 
including: can be 
cal Is summarised 
then for as the pursuit of 
a g loba I programme 
a) the cont I nued reinforcement and proper funct Ion i ng of the 
internal market facilitating the free movement of goods and 
persons throughout the Community; 
b) a transition from the elimination of artificial, regulatory 
obstacles towards the adoption of the right balance of 
policies favouring the development of coherent, Integrated 
transport systems for the Community as a whole using the best 
aval lab le technology; 
c) the strengthening of economic and soc i a I cohesion by the 
contribution which the development of transport 
Infrastructure can make to reducing disparities between the 
regions and linking Island, land locked and peripheral 
regions with the central regions of the Community; ,f 
-20 -
d) measures to ensure that the development of transport systems 
contributes to a sustainable pattern of development by 
respecting the environment and, in particular, by 
contributing to the solution of major environmental problems 
such as the I imitation of C02; 
e) actions to promote safety; 
f) measures in the social field; 
g) the development of appropriate relations with third 
countries, where necessary giving priority to those for which 
the transport of goods or persons is important for the 
Community as a whole. 
41. The adoption of such a global programme requires an analysis of 
Issues arising in the transport sector in order to Identify those 
on wh I eh a Community initiative appears necessary, bear Ing in 
mind the subsidiarity principle. What actions should be proposed 
at Commun I ty I eve I, because on I y the Community can reso I ve the 
prob I em or because it is best p I aced to do so ? The fo I I owing 
chapters seek to answer this ques1ion in relation to each of the 
main areas of activity forming part of the global programme in 
accordance with the undermentioned principles flowing from the 
provisions of the Maastricht agreementC17). 
42. As regards the preparation of new Community actions in the 
transport field, a distinction must be made between those matters 
for which the Community has an exclusive power and those for 
which it shares power with the Member States. 
43. In relation to the areas of exclusive power, notably the 
realisation and functioning of the internal market in transport 
services and transport relations with third countries which are 
incrasingly important, the Community is obliged to realise the 
objectives assigned to it and the necessity for action is 
established by the Treaty itself. Nevertheless, even In these 
areas, in accordance with the principle of proportionality, 
Commun I ty actions shou Id not go beyond what is necessary to 
achieve Treaty objectives and the manner in which the Community 
Intervenes must be evaluated from this point of view. 
44. In areas of shared power, such as transport networks and certain 
aspects of safety, it is first necessary to establish the 
necessity for Community action, bearing in mind the context of 
the action within the Treaty system. In the transport field, 
many possible init iat Ives wi 11 be anci I lary to the harmonious 
functioning of the internal market in transport services, the 
convnon policy on transport, the obligation to Integrate 
environment protection and common actions on economic and social 
cohesion. In such areas, the po I it i ea I commitment to Community 
action is very strong. In addition, criteria such as the 
transfrontier dimensions of a transport problem, the difficulty 
for Member States to address the issue individually together with 
{17) For a fuller explanation reference can be made to The Subsidiarity Principle, SEC(92)1990 final, 
27 October 1992. 
-21 -
the risk of competitive distortions If they do, and the added 
value at limited cost of the Community complementing actions at 
national or regional level should be appl led to distinguish those 
issues on which Community action Is Justified. Again, it wi 11 
also be necessary, as a second stage, to evaluate the manner in 
which the Convnunity should Intervene In accordance with the 
principle of proportionality. The use of relatively flexible 
Instruments such as network guide I Ines and their accompanying 
measures, as wel I as the continued development of effective 
approaches to enable Community objectives to be realised through 
International organisations and instruments, should prove 
particularly useful In this regard. 
45. As to the management and control of Community actions, the goal 
will be, as it has been in the past the maximum 
decentra Ii sat ion compatible wl th the rea 11 sat Ion of Commun I ty 
objectives and obligations. The use of the directive and network 
guidelines, by their nature, wi 11 faci I itate this task. In the 
field of controls, other than controls for which the Commission 
has its own respons I bi Ii ty such as those connected with the 
Community budget or the Implementation of Community law by Member 
States, the emphasis will be on action by national authorities, 
the Community's involvement being designed to increase the 
effectiveness of those controls where necessary. 
-22 -
ISSUES AND POSSIBLE AN&WERS 
IV.1 THE COMPLETION. REINFORCEMENT AND PROPER FUNCTIONING OF 
THE INTERNAL MARKET I 
-23 -
IV.1.a GENERAL 
46. The adoption of leglslatlon necessary for the establishment of an 
Internal market ·In the transport sector, In accordance with the 
SI ng le European Act, Is now close to be Ing rea 11 sed. A 
leglslat lve framework wl 11 be In place which wl 11 provide the 
legal basis, In particular, for the provision of transport 
services without discrimination based on nationality or place of 
establishment. As the general rules on right of establishment 
a I so app I y to transport, and as restr I et Ions on capac I ty have 
been largely eliminated or limited to a safeguard role, transport 
undertakings should accordingly be able to take full advantage of 
the Internal market and operate In the manner that seems to them 
most effective. They wl 11 do so on the basis of condlt Ions of 
competition which have been harmonised In a number of Important 
areas such as safety requirements, technical specifications and 
professional standards. In addition, movements by persons and 
undertakings on their own account, whether of goods or persons, 
have also been freed from many restrictions. They will also have 
been facilitated by such Initiatives as common rules on Insurance 
and dr Iv Ing 11 cences and, in the Interests of Improved safety, 
made subject to harmonised standards, for example, on the wearing 
of seat belts. 
47. The comp I et ion, re I nforcement and proper funct I on Ing o.f the 
single market for transport services wlll undoubtedly continue to 
constitute one of the main components of the CTP. 
IV.1.b APPLICATION OF THE 1992 MEASURES 
48. FI rst, act Ion w 111 be necessary to ensure that the measures 
adopted In the context of the 1992 programme for the realisation 
of the i nterna I market are proper I y app I I ed. The magn I tude of 
this task should not be underestimated. The legislation contains 
provisions the application of which requires more than the simple 
deletion of restrictions in national regulations. · 
49. In the field of Inland transport, for example, situations may 
develop In which the crisis mechanisms envisaged for carriage of 
goods and persons by road may need to be employed. 
50. In the railway field, rights of access to Infrastructure granted 
to International railway groupings and for the purposes of 
International combined transport require the groupings and 
enterpr lses concerned to conclude non-dlscr lmlnatory agreements 
on the different administrative, technical and financial matters 
needed to ensure adequate and safe management of the traff le 
concernedC18). The conclusion of such agreements may raise 
Issues of some complexity and sensitivity. For this reason, It 
Is necessary for the Commission to be In contact with those 
directly concerned to see whether It can assist In finding 
workable solutions as rapidly as possible, a process already 
begun. The Commission In the light of those discussions, which 
have already begun, will decide whether and what form of further 
action Is required. 
(18) Article 10 of Cou,cll Directive 91/440/EEC of 29.7.91 (OJ L Xfl, 24.8.91). 
-24 -
51. In the field of civi I aviation, the Commission has a number of 
responslbl I lties concerning the execution of the third 
llberallsation package. It may have to pronounce on the correct 
interpretation of the regulation on llcenslng of air carriers 
where an air operator's certificate has been refused by a 
national llcenslng authorltyC19). It may have to decide whether 
decisions taken by national authorities restricting exercise of 
traffic rights for reasons of distribution of traffic between 
airports ,within an airport system or on grounds that serious 
congestion or environmental problems exist• are justlfled(20). 
Finally, the Commission may have to decide on complaints 
concerning excessively high air fares or a downward spiral of 
fare levels causing widespread lossesC21). In this connection, 
It wlll publish In an appropriate form the methods which It 
Intends to use to evaluate whether air fares are too high or too 
low. This wl I I permit those interested better to predict how the 
complaint mechanism wl I I work and so reduce the number of 
unjustified complaints. 
52. Besides these specific tasks, the proper implementation of 
Community legislation wlll have to be checked for all modes and, 
If necessary, action taken to ensure the conformity of national 
laws, regulations and administrative procedures. In addition, to 
avoid the expected effects of the 1992 measures being undermined, 
work will have to be done to ensure that facl I I ties such as port, 
airport and container terminals can be used as effectively as 
possible under non-discriminatory access and usage conditions. 
53. After a 11, It makes 11 tt I e sense to spend many years adopt Ing 
Community legislation If, once adopted, It Is not taken seriously 
and effectively Implemented. It should, however, be noted that 
In the transport field this activity concerns, for the most part, 
; ensuring the conformity of natlohal regulatory systems with 
Community law and objectives and not Interventions In cases 
Involving particular transport enterprises or transactions. 
These are pr I mar 11 y the respons I b I Ii ty of nat Iona I and loca I 
authorities. The possible interventions In the civil aviation 
field on licensing, routes and fares are necessary exceptions, 
not the rule. They have been considered necessary by the 
Community legislator In order to ensure that certain key 
decisions can be subject to Independent verification. 
IV.1.c GENERALLY APPLICABLE TREATY RULES 
54. The proper functioning of the internal market In the transport 
sector Is guaranteed not only by the provisions of the transport 
chapter of the Treaty but also by Its generally applicable rules, 
particularly those on competltlonC22). The transport sector Is 
Indeed likely to pose particular problems In this regard In the 
years lnvnedlately ahead. 
Article 13 of Cow\cll Regulation (EEC) N•2407/92 of 23.7.92 (OJ L 240, 24.8.92). 
Art lcle 8 and 9 of Council Regulation (EEC) N•2408/92 of 23. 7.92 (OJ L 240. 24.8.92). 
Art lcl• 7 of Cou,cl I Regulat Ion (EEC) N•2409/92 of 23. 7 .92 (OJ L 240, 24.8.92). 
Judgement of the Court of Justice of 30.4.86, Joint cases 209-213/84, E.C.R. 1986. p. 1457. 
-25 -
55. First, the economic and technical characteristics of transport 
activities are such that issues concerning the application of 
competition rules are bound to arise. Transport systems based on 
the exploitation of single networks tend to monopoly or 
ol lgopoly. Integrated systems, Including In particular lnterrnodal 
transport, may require cooperation by agreement between different 
economic operators. Service obl lgat Ions In the pub I le Interest 
tend to involve the granting of correlative special or exclusive 
rights. Finally, transport entitles frequently rely on public 
finance, Including subsidies some of which may not be compatible 
with the functioning of the Internal market. All of these 
tendencies mean that the application of competition rules In the 
transport field Is of fundamental Importance for the efficiency 
of the sector and, at the same time, must continue to take Into 
account Its specific characteristics. 
56. Second, In the period immediately ahead, transport markets in the 
Community will be progressively opening up to greater competition 
between operators not on I y as regards serv Ices between Member 
States but also within their formerly national markets, many of 
which have been traditionally protected. This process of 
I iberal I sat ion Is certain to provoke important changes as both 
operators and policy makers seek to adapt to the scale and 
challenges of a genuinely single market. More dynamic operators 
can be expected to seek econom I es of sea I e and scope both to 
defend the I r present market posit ion and to exp lo It the new 
opportunities that are opening up. Productivity gains through 
technical modernisation wi I I also be sought, some of these 
changes being associated also with the Industry's response to 
environmental and safety requirements. 
57. Accordingly, It is to be anticipated that the transport sector 
wl II undergo Important structural changes Involving both the 
arrival of new entrants on certain markets and, at the same time, 
new relationships between transport enterprises as well as 
concentrations of different types. New Investments will be made 
both in the public and private sectors. The relevant authorities 
at national and regional levels can be expected to assist this 
process of adaptation through the different means at their 
disposal, Including financial measures, some of which will fall 
within the scope of the Treaty's provisions on aids. The 
Community's policies on concentrations, agreements and concerted 
actions between enterprises wll I accordingly have a vita I role to 
play. The same Is true so far as State aids and special and 
exclusive rights are concerned. The Community must ensure that 
the process of adaptation to the single market takes place under 
conditions which avoid market distortions, allow participants a 
fa I r opportunity to compete and afford users the benef It of 
competitive Industrial organisations. These are a necessary 
element In the realisation of the Community's fundamental 
objective In the transport field : transport systems that wlll 
provide services efficiently, safely and under the best possible 
environmental and social conditions. 
-26 -
58. The Community already disposes of a series of instruments 
concerning State aids In the transport sector some of them dating 
back as far as the ·sixties. Similar situations In different 
subsectors are of ten not treated In s i mi I ar ways, wh I I e recent 
developments are not always properly reflected. The instruments 
should accordingly be re-examined with a view to their 
rationalisation and updating. 
59. In the area of transparency, the Commission Intends to develop an 
Inventory of aids In force to the benefit of all transport modes. 
This will permit periodic assessments to be made of the scale and 
nature of publlc financial support to the transport system. In 
order that th Is Inventory shou Id better ref I ect the rea I I ty of 
the different ways In which support Is given, It wl 11 also 
propose measures to Increase, where necessary, the transparency 
of the financial accounts of entitles responsible for providing 
transport Infrastructure and services. This has already been 
achieved for ral lway undertakings and in some other subsectors 
information already avai I able may wel I be adequate. But there 
are f le Ids In which avai I able lnformat Ion leaves much to be 
desired, making It difficult to evaluate the extent and impact of 
State aids, for example, where publ le authorities make 
Investments in Infrastructure which may be compatible with the 
rules of competition. Ports and other terminals are a case In 
point. Measures wl 11 accordingly be prepared to Increase the 
transparency of their financial accounts, taking account of the 
d If f erent ways In wh I eh ports are organised and their d I verse 
legal status. Basic transparency of this kind Is essential for 
sound application of the Community's aids regime. 
60. In the field of notification of new aids, It should be posslbl'e 
to work In two directions simultaneously. 
61. On the one hand, It Is desirable to enlarge the category of aids 
not requiring prior notification and examination pursuant to 
Article 93 (3) of the Treaty. Regulations 1191/69 and 1107/70 
provide for certain types of aid In the field of Inland 
transport, notably those which constitute compensation for public 
service obligations, to be subject to the requirement only that 
they be notified after the event. Now that the necessity and 
legitimacy of pubJlc service obligations have been recognised In 
the fields of civil aviation and maritime cabotage in the context 
of the 1992 programme, consideration should be given to the 
possibility of proposing similar treatment for those areas. Such 
exemptions would recognize that this category of aids does not 
normally disrupt the functioning of the Internal market and can 
accordingly be left primarl IY to authorities at national or local 
level. 
62. Consideration wlll also be given In this context to the 
preparation of a proposal for the adoption of a de mlnlmls rule 
to apply generally to aids In the transport sector which by 
reason of their limited scale are also unlikely to have adverse 
effects on the functioning of the Internal market. 
(23) 
{24) -27 -
63. In the other direction, events have shown that aids take many 
forms not a 11 of them obv lous, part I cu I ar I y In the context of 
complex financial operations linked to the opening up of 
previously closed markets to competition or the privatisation of 
transport undertakings. Consideration will accordingly be given 
to the development of rules clar I fylng the pr lor not If I cat Ion 
requirements In the case of certain operations of this type In 
order to ensure that any financial Intervention which In fact 
constitutes an aid Is Indeed properly notified. 
64. Fina I ly, the guide I Ines that the Convnlsslon has pub I lshedC23) 
concerning the criteria that It uses to evaluate State aids will 
be reviewed to adapt them as necessary to current conditions. 
The opportunl ty wl 11 also be taken to examine whether, at the 
same time, any other changes are needed In existing Community 
leglslatlon. Such exercises have particular value since they 
g I ve an Ind I eat I on to na t Iona I and I oca I author I t I es and to 
transport operators concerned of the scope which Is aval lab le for 
measures designed to support them particularly In per lods of 
adaptation to new conditions. Given the very different 
characteristics of the different transport subsectors, It wl I I be 
necessary to proceed separately for each subsector though on the 
basis of common principles which wlll ensure the coherence of the 
CTP's general approach to aids. The questions of aids In the 
context of lntermodal transport Is considered further In Chapter 
IV.2.b below. 
IV.1.d FURTHER LEGISLATIVE DEVELOPMENT OF THE INTERNAL MARKET 
65. 
66. 
67. The adoption of the measures Included In the 1992 programme will 
not mark the end of Convnunlty legislation concerning the Internal 
market In transport services. 
I 
Certain Internal market measures already adopted themselves 
contemplate further leglslatlve activity. For example, In the 
railway field, further proposed actions are foreseen with regard 
to the development of the railways, In particular, In the field 
of International transport of goodsC24>. Similar provisions or 
undertakings have also been made amongst others In the fields of 
a permanent system of market observation for carriage of goods by 
rail, road and Inland .waterway; passenger services by road; 
Inland waterways and, In the maritime sector, manning rules for 
Island cabotage and any other measures needed In the context of 
cabotage llberallsatlon. The action programme In Annex Ill 
Identifies measures of this kind. 
Where further legislative activity has been contemplated 
expressly In existing Convnunlty leglslatlon, the Commission 
Intends to make any necessary proposals In the light of 
conditions preval ling at the time. It will also consider, taking 
Into account the proport Iona 11 ty d lmens Ion of the subs Id I ar I ty 
principle, how the objectives In question can best be real lsed. 
Memoranduw N•2 on the dev.lopment of the Cannl.l'llty air tran9Port policy, CXM{84)72 flnol, Annex 
IV -"Flnaiclal aid fl•cal measure• concerning hipping q>erotlon• with hip• regl•tered In the 
Cannl.l'lltyN, SEC{89)921 final. . 
Article 14 of Couicll Directive 91/440/EEC of 29.7.91 {OJ L XS/, 24.8.91). 
-28 -
68. The Convnission wi 11 also review the functioning of Community 
legislation with a view to determining whether the objectives of 
the Internal market In transport services are being effectively 
attained. In addition, Community legislation includes 
obligations for the Commission to review the functioning of 
Community legislation though without any explicit reference to 
possible future Initiatives. For example, reports are called for 
on the appllcatlon of the Council regulations on route access and 
fares In the f leld of civl I aviat lonC25). The same applies to 
the Implementation of the 1986 shipping regulatlons< 26) and to 
the regulation on social Issues In the field of road transport 
such as driving tlmeC27). Whether these reports wlll be 
accompanied by proposals for action wl I I be decided at the 
appropriate time. 
69. In addition, the 1992 programme concentrated on known priorities. 
But problems that were put to one side as being of secondary 
Importance, or s Imp I y not ant I c i pated, may we 11 now emerge as 
meriting attention. Here it wi I I be necessary to establ lsh, 
under the conditions now prevailing or likely to prevail In the 
future, what type of In It I at I ve wou Id most ef feet I ve I y rea I I se 
the Treaty's objectives. Areas requiring analysis Include 
general aviation, taxi services, security transport, ambulances, 
own account transport and rental of motor vehicles. On the 
harmonisation side, the opening up of hitherto national markets 
calls for a continued examination of the need for Community 
measures to address prob I ems wh i eh I i ber a I Isa t ion measures w I I I 
not by themse Ives reso I ve through the work Ing of the I nterna I 
market. Indeed these prob I ems may indeed be aggravated by the 
development of direct competition between operators subjected to 
still divergent national or regional regulatory regimes applying 
to matters as diverse as the organisation of market, taxes and 
other charges, technical requirements, social, environmental and 
safety obllgatlons, civil liability regimes and so on. These 
matters are considered further In subsequent chapters since they 
need to be examined in the light of major developments which will 
have a decisive Impact on the development of the Community's 
transport system and consequent I y on the prov Is Ions of the CTP 
relating to the functioning of the Internal market In transport 
services. 
IV.1.e INFORMATION AND ANALYSIS OF THE FUNCTIONING OF THE MARKET 
70. The Justification for future Initiatives and their possible 
content depends In large measure on the aval labllity of relevant 
Information on the functioning of the market in transport 
services and of the different transport systems upon which It 
depends. This applies to measures directly addressing the 
functioning of the market and also to other possible developments 
of the CTP. 
Articl• 13 of Councl I Regulation 2408/82 (OJ L 240 of 24.8.92) and Art lcle 9 of Councl I 
Regulation 2409/92 (OJ L 240 of 24.8.92). 
Article 11 of CoW'icl I Regulation (EEC) N•4055/86 of 22.12.86 (OJ L 378. 31.12.86). 
Art lcle 16 §1 of Councl I Regulation (EEC) N•3820/85 of 20.12.85 (OJ L 370, 31. 12.85). 
[5) -29 -
71. As to Inland goods transport statistics, the col lectlon of 
statistical information is co-ordinated by Eurostat under four 
Counci I DirectivesC28). Information is obtained by national 
statistical institutes or national transport administrations for 
road and inland waterways and by the main railway enterprises for 
rai I data. The responsibi I ity for data collect ion and survey 
methodology lies and wi I I continue to I le essentially within the 
Member States and their national networks of statistical sources. 
72. Other information is at present dispersed, incomplete, 
I neons I stent and of ten of very uneven qua I I ty. The "temporary" 
system for observing markets for the carriage of goods by rail, 
road and inland waterways continues to function under the Counci I 
Resolution of 21 March 1992(29) for the purpose of providing 
information on the development of Inland transport markets. In 
other sectors no such mechanism exists. Information is gathered 
as occasion demands from a variety of sources including 
stat I st i ea I offices, research institutes, consu I tanc i es, 
industrial organisations and transport operators. The suggestion 
has been made that in order to improve this situation an 
organisation such as a transport observatory should be created to 
generate relevant information in a more systematic way. 
73. However, work currently under way to extend the European 
Transport Statistical Information System is based on a global 
approach aimed at improved comparabl I lty between the different 
modes of transport, and considers al I modes. A significant 
effort is in progress to widen the coverage of existing 
statistical work to include, within the Statistics Framework 
Programme, other transport sectors such as combined, maritime, 
~ir, and passenger transport as wel I as transport safety. 
74. Whl le new initiatives in this field, such as the actions being 
taken to set up a European Centre for Prospective Analysis on 
Infrastructure, are welcome it would not be practical to try to 
centralise the function of gathering and analysing all transport 
data in a central "observatory" as some have proposed. Instead It 
would be preferable to promote the cooperation of bodies engaged 
in this field, existing and yet to be created, by developing a 
network between them. To this end, under the EURET programme 
stocktaking of national and other data gathering and forecasting 
activities will be carried out with a view to evaluating the 
possibi I ities for cooperation and co-ordination. In the I ight of 
that evaluation, initiatives wi I I be taken bul I ding on what 
already exists. The future of the Community's existing system 
for market observation should be decided in the light of these 
developments. 
(28)Councll Directive 78/546/EEC of 12.06.78 (O.J. L168/29, 26.06.78) 
Council Directive 89/~2/EEC of 18.07.89 (O.J. L226/8, 03.08.89) 
Councl I DI rect ive 80/11n/EEC of 04.12.80 (O.J. L350/23, 23.12.80) 
Council Directive 80/1119/EEC of 17.11.80 (O.J. l339/30, 15.12.80) 
(29) O.J. N•C86/4 of 7 April 1992. 
-30 -
IV.2. FROM THE ELIMINATION OF BARRIERS TOWARDS 
AN EFFECTIVE INTEGRATED SYSTEM 
-31 -
IV.2.a. IMBALANCES AND INEFFICIENCIES 
IV.2.a.1 MODAL DISEQUILIBRIA 
75. As was shown In Chapter I I, economic growth, the I ncreas Ing 
importance of services and major social and economic changes have 
contributed towards a considerable expansion of the transport 
sector. The completion of the internal market, including the 
lifting of cabotage restrictions, the creation of the European 
Economic Area and the movement into market economics of the 
countries of Eastern and Central Europe and the CIS wi I I 
certainly contribute to further expansion in the future. The 
expansion of the transport sector has, however, brought problems 
In its wake; growth has produced or ex acerbated a number of 
imbalances and inefficiencies in the transport system taken as a 
whole and also within transport modes. Despite the considerable 
success of transport in meeting consumer demand, inadequate 
integration of modes is denying users some practical 
alternatives to current services. Inadequate capacity in some 
modes is producing congestion and environmental damage, while, in 
others, underused capacities exist. Inadequate or incomplete 
networks cause bottlenecks in some areas; in others, they prevent 
fuller integration of peripheral regions into the single market. 
These imbalances and inefficiencies are not simply the cause of 
inconvenience and frustration. They are unacceptable to a 
growing body of pub I ic opinion and uncorrected, they threaten to 
damage the Community's development, slowing the process of 
economic integration and adversely affecting its international 
competitiveness. 
76. One of the important reasons why Imbalances and inefficiencies 
have arisen is because transport users have not been adequately 
confronted with the full costs of their activities and because 
the construct ion of transport Infrastructure has been I agg i ng 
behind what was needed. Individual decision-making thus gave 
soc i a I I y sub-optima I resu Its by distorting the ba I ance between 
transport demand and supply, both across modes and within. As 
prices do not reflect the full social cost of transport, demand 
has been artificially high. If appropriate pr1c1ng and 
infrastructure policies were to be pursued, these inefficiencies 
would largely disappear over time. 
77. Road transport activity has grown faster than other modes and in 
genera I cont I nues to do so. Moreover, the di stances of road 
Journeys for both passengers and goods are in the vast majority 
of cases relatively short, making it more difficult for 
alternative solutions to compete. The private car and lorry have 
thus emerged as the dominant means of transport causing 
congestion in main road corridors and urban centres. The 
present traffic situation in many city centres and conurbations 
is one of complete saturation or close to it. Further 
-32 -
development of road infrastructure alone is unlikely to resolve 
the problem, necessary as it may be in some areas. In others, the 
construction of new capacity Is In any case meeting significant 
obstacles, physical and pol itlcal. Moreover, associated with a 
continuing Increase of cars and lorries is an Inevitable increase 
In pollution and in the number of dead and injured from accidents 
on the road, not always off-set by technical or other 
Improvements in the fields of environment protection and safety. 
78. In the case of rai I, traffic and destinations have changed with a 
growth in some traffic, notably urban and inter-city, but a fal I 
In others notably in the old Industrial areas and those suffering 
a decline in population. Insufficient Investment in 
Infrastructure has produced a number of saturation points In the 
rai I network. However, the entry Into service of new sections of 
high speed I Ines and the closure of many I ight ly used services 
have created surplus capacity, even If this surplus capacity is 
not always available where It is most needed. Reductions In 
ro 11 i ng stock have reduced the spare resources that cou Id be 
rapidly deployed. Nevertheless, In the future, the further 
development of the high speed network wil I release more capacity 
on the existing I Ines which with limited investment could be used 
for long distance freight or other new services. 
Inland Waterways 
79. Waterways are particularly efficient for bulk traffic but have 
not yet been widely exploited for other trades; the possibi I ities 
are I imlted by accessibi I lty to suitable, wel I equipped 
waterways, such as the Rhine and the Rhone. Evidence available 
suggests that the overal I European waterway network Is capable in 
time of handling much more than the current traffic provided 
realistic investment is made in maintenance and works to improve 
the existing network, in particular, to remove some major 
bottlenecks and stimulate transport particularly along the north­
south axis and eastwards towards the new L~nder of Germany and 
Eastern and Central Europe. Improved handl Ing facl I lties to cope 
with the increase in container traffic are particularly necessary 
if any expansion in this sector is to occur. 
80. Strong growth rates in air traffic inside and to and from Europe 
have been sufficient to place severe strain on some parts of the 
air transport infrastructure. Problems resulting from the 
fragmented and non-standardised nature of air traffic management 
and control (ATM/ATC) systems in Europe and from the division of 
the airspace coincide with a serious lack of avai I able runway and 
terminal capacities at some major airports. The structure of the 
Community air space which is constrained by the fixed civil air 
traffic routing systems, the dedication of extensive volumes of 
air space for military purposes, the separation of air traffic 
-33 -
control systems along national I Ines and the fact that commercial 
air traffic control of en-route traffic does not generally apply 
below 10000 feet Is an important obstacle to Improvements In 
capacity and eff i c I ency. Peak period air traff I c de I ays have 
worsened over the years and are now at an unacceptable level with 
predictions of serious worsening In future. Competitive 
pressures leading airlines to opt for higher freQuencles with 
smaller aircraft and hub and spoke networks are I lkely to 
exacerbate the problem. 
81. Physical extension of infrastructure capacities in air transport 
Is very often hampered by extremely long planning periods and a 
significantly Increased sensitivity In relation to the 
environmental Impact of aircraft movements. Short-term rel lef by 
making better use of existing capacities Is delayed by a lack of 
technical and economically meaningful degree of lntermodal lty, in 
particular between rai I and air. 
Maritime 
82. The maritime transport sector has played and will continue to 
play an important role in the transfer of goods between Member 
States. However, the use of the maritime mode Is too often 
I lmited to situations where, due to geographical factors such as 
the ex i stance of a necessary sea crossing. I and modes do not 
constitute an alternative. The potential contribution of short­
sea transport In compet it Ion wl th land modes wl 11 have to be 
fully developed, particularly now that cabotage will provide new 
opportunities for services around the Community's maritime 
periphery. Instead of the usual combined sea-rail/sea-road 
Journey involving the shortest seacrosslng and longer rail/road 
Journeys, a longer sea Journey could reduce considerably those 
necessary by land. Obstacles barring the exploitation of this 
short-sea potential include hand I Ing costs and delays when 
transferring goods between modes, delays In ports due to factors 
considered below, complex documentation procedures, customer 
demands for Just-in-time de I i very, cont ractua I I i ab i I i ty systems 
In case of accidents and the poor image of much traditional 
short-sea shipping. To this I ist should also be added the 
relatively minor role at present of short-sea transport in 
combined transport networks and the fact that possibi I It les of 
coastal traffic have not yet been widely exploited due in part to 
the restrictions on cabotage. 
83. When discussing maritime transport, particular mention should be 
made of sea-ports which play a vital role in providing transfer 
facl I I ties to other modes of transport. Shortage of basic 
capacity Is not a general problem among the ports of the 
Community. Competition between ports of different countries, and 
within the same country, has resulted In capacity being provided 
to match, or even run in advance of demand. However, there are 
ports In some parts of the Community, notably In Ireland and on 
the southern periphery. where investment in new infrastructure 
-34 -
and connecting I inks to inland networks has lagged behind, 
particularly in providing faci I ities to meet the Increasing 
demand for commodities to be delivered Quickly and predictably. 
Combined with organisational and operational difficulties, these 
handicaps have contributed to the development of a situation in 
which the hinterland of some North Sea ports extends very far to 
the south and west, even south of the A I ps generat Ing in I and 
traffic wh i eh In other circumstances wou Id not seek to transit 
such long distances. 
84. Moreover the demand for rapid and reliable services is reflected 
in the continuing trend for traditional methods of hand I ing goods 
to be replaced by the use of containers, which offer advantages 
in terms of speed, rel iabi I ity and security. Forecasts available 
on container traffic point to a growth of approximately 30% 
between 1990 and 1995. The same advantages are even more 
apparent in the case of RORO traffic, and use of this type of 
service has grown rapidly on short and medium length sea 
crossings within Europe. To cope with continuing increases in 
these fast moving types of traffic new faci Ii ties will probably 
be reQuired. Previous experience suggests that in the largest 
ports of the Community there wi I I be I ittle difficulty in 
providing them. The position may be different in the peripheral 
areas and for small ports, however, where resources may not be 
read i I y ava i I ab I e. In many ports, improvements to present 
organisational and operational arrangements will also be 
necessary in order to ensure that existing and future faci Ii ties 
are used as effectively as possible, to enable the ports 
concerned to share in the increased traffic of the single market 
and to play their proper part in a more balanced distribution of 
traffic. 
85. Finally as regards the maritime sector, mention should be made in 
this context of the continued erosion of the Community's deep sea 
fleets through flagging out. If maritime transport is to make a 
full contribution to the functioning of the Community's Internal 
transport system, it wi 11 be better able to do so to the extent 
that the shipping industry, its ski I Is, structures and associated 
activities have not been al lowed to decline so seriously that it 
will be very difficult, in some areas perhaps impossible to 
reverse the trend. Measures I ike EUROS which seek to restore the 
competitiveness of al I Community deep-sea fleets by re-balancing 
the conditions under which they have to operate in competition 
with third country carriers, including these operating under 
flags of convenience, have an important role to play in this 
respect. 
IV.2.a.2 REGIONAL DIMENSION 
86. Furthermore, when ·examining the problems of imbalances and 
inefficiencies of the transport sector, the regional dimension 
must be included. There is a close interaction between the 
development of transport and the spatial distribution of economic 
activity. 
-35 -
87. Most of the critical performance sectors of the European economy, 
namely services and high-tech manufacturing, tend to be located 
In congested, environmentally sensitive areas : on the one hand, 
major cities and conurbations, and on the other, in the corridor 
Barcelona-Marsei I le/Lyon-Mi Ian/Strasbourg-Stuttgart-Munich. 
These are places in which provision of supplementary 
infrastructure is particularly difficult due to environmental and 
economic costs. Alpine routes, which have strategic importance 
for the I inkage of the northern part of the Community to the 
south, pose particularly sensitive problems. 
88. At the same time, as growing congestion affects the economic 
core, there has also been under-investment In peripheral areas. 
Nonetheless it is widely accepted that reliable transport systems 
are Instruments capable of making an Important contribution to 
the redressing of current centre-periphery disparities. Indeed, 
regions eligible for ERDF objective 1 funding show a level of 
transport infrastructure representing only 50 to 60 % of the 
Community average. In addition, the functioning of regional 
transport networks has been negatively affected by several 
factors for example changes in transport demand due to increased 
car use, rural exoduses and the closing down of numerous 
transport lines. The reasons for this lack of investment are : 
the relatively low ranking of infrastructure investments In the 
periphery, mainly due in part to the difficulties in identifying 
and Quantifying benefits from such schemes; and the high costs 
involved in overcoming the problems of isolation of these areas, 
often related to the existence of natural barriers (the Alps, the 
Pyrenees or sea crossings); this situation is particularly 
disadvantageous for Ireland and Greece. The result is a failure 
to complete networks which clearly acts to the detriment of the 
periphery and therefore to the coherent development of the 
Community as a whole. Of course the regions most affected by 
this Investment gap tend to be the least prosperous parts of the 
Community. 
89. The Community has long fought to overcome the geographic 
disadvantages of its less well-off regions. The European 
Investment Bank (EIB) has been acting since the origin of the 
Convnunity in the financing via loans of infrastructure projects 
of common interest and in the financing of projects aimed at the 
promotion of regional development, including transport projects. 
In 1975 it was Joined by the European Regional Development Fund 
(ERDF) which had, up to 1988, granted 8786,6 MECU to improve 
transport infrastructure in lagging regions, that is 36 % of the 
total ERDF expenses. In 1982 a specific budget line was created 
to cont r i bu te to the deve I opment of transport i nf r ast ructure. 
The overall infrastructure deficit of the Community was 
accentuated by the entry first of Greece in 1981 and then of 
Spain and Por tuga I in 1986. The Community responded to that 
challenge with the 1988 reform of the Community's 
-36 -
structural Funds which wi 11 contribute, between 1989 and 1993, 
5583,9 MECU to transport projects in Objective 1 regions via the 
convnunlty Support Frameworks. Additional projects are to be 
funded through programmes such as INTERREG (crossborder 
cooperation) and REGIS (ultraperlpheral islands). The Convnission 
has now proposed a reinforced financial framework for the 
Convnunlty budget In the period 1993 to 1997(30). This Includes 
a substantial increase In the structural Funds and provision for 
the Cohesion Fund agreed at Maastricht under which help Is 
specially targeted on transport Infrastructure and environment 
needs In the four poorest Member States. 
90. In addition, given the Community's geography, physical and 
economic, some areas have to bear a disproportionate burden of 
the costs of cross-frontier traffic, particularly road traffic. 
This Issue has become particularly acute regarding the transit of 
heavy goods vehicles from which transit regions may derive little 
or no economic benefit. In very simple terms, it can be said 
that some Member States enjoy an approximate ba I ance In that 
their lorries travel as much on roads in other Member States as 
do other lorries on theirs. Others do not, however. Some enjoy a 
significant positive balance while conversely others have to 
support a burden which significantly exceeds the use their 
lorries make of roads in other countriesC31). Progress on 
tackling the problem at Community level has consisted In the 
fixing of a common minimum rate for excise duty on diesel fuel 
(32) but much remains to be done in the area of approximation 
of user's charges and particularly on taxes for lorrlesC33). 
IV.2.a.3 ENVIROtNENT 
91. Finally, the growth in transport though contributing 
posit I ve I y to the Community's i ndustr I a I and service economy, 
has caused a variety of Increasingly serious problems as already 
indicated In Chapter 11. This quest ion Is further developed In 
Chapter IV.2.d below. 
IV.2.a.4 THE CHALLENGE 
92. The cha I lenge for the Community's transport system Is how to 
provide, In the most efficient manner, the services that are 
necessary for the continued success of the single market and the 
mobility of the individual traveller, while continuing to reduce 
the Inefficiencies and Imbalances of the system and 
safeguarding against the harmful effects that increased 
transport activity generates. It is possible to meet this 
challenge, whl le respecting the basic tenets of the free 
market, by the Introduction of economically efficient transport 
policies. However, this will require a number of actions, 
Convnunlty and national, in order to ensure that the transport 
market contributes to the highest possible societal welfare, 
taking into account both the benefits for the user and the cost 
to the environment, in al I regions of the Community . 
..,,,(30=..-)---,Th=--e--=Carmu,,--__,l,...,.t-y-e--•• finances between now Cl'ld 1997, CXM(92) 2001 ftnal, 10 March 1992. 
(31) See Elimination of Distortions of Ca11>etitlon of a Fiscal Nature In the Transport of Goods by 
Road, EuropeCl'l Cannlsslon, 1986. 
(;~) Council Directive 92/82/EE.C of 19.10.92 (OJ 
(..,.,,,) CXM{92)405 f lnol, 30.9.1992 
. ) IV.2.b. -37 -
TRANSPORT DEMAND. INTERMODAL COMPETITION 
AND COMPLEMENTARITY 
IV.2.b.1 CAPACITY CONSTRAINTS AND POSSIBLE RESPONSES 
93. The trends presented in Chapter II Indicate that, in a "business 
as usual" scenario, the demand for transport both passenger and 
freight, Is likely to continue to increase at a rate at least as 
fast as that of the economy as a whole. This would Imply that by 
the end of the decade demand could wel I be between a Quarter and 
a third higher than It is today. Unless action Is taken, much of 
this Increase wl 11 probably be concentrated In the road sector 
wh I eh Is a I ready under pressure, somet I mes severe. The reasons 
for this pressure stem largely from the following factors : 
first, transport users have not been obl lged to pay the ful I cost 
of the services that they use, notably the external costs; 
second, public Investment in Infrastructure has been reduced In 
real terms over the last ten years while traffic has increased; 
third, planning reQuirements and the resistance from pub I le 
opinion have imposed Increasing restraints upon the development 
of new projects. 
The net result Is a shortfal I In the level of Infrastructure 
needed to meet demand. 
94. One possible solution, at least In part, is to look for ways to 
Increase resources aval lable for Investment, particularly by 
involving the private sector. The approach being developed on the 
basis of the Union Treaty's provisions on trans-European 
networks pursues these objectives as explained more fully in 
Chapter IV.2.c below. But new Investment can only be part of the 
answer. Also Important Is a continued effort to el lminate 
art If I c I a I restr I et Ions on the prov Is ion of transport serv Ices 
which prevent the most efficient solutions being used, a matter 
already considered in Chapter IV.1 above. In addition, It is 
essential to examine how under-used capacity in the transport 
system, part lcular ly in the modes other than road, could be 
brought into service, while respecting the principle of free 
cho Ice for the user. There are good grounds to consider, as 
Indicated In the preceding section of this chapter, that spare 
capacity, actual and potential, does exist as regards ral I, 
inland waterways and short-sea shipping. Pol Icy measures and 
advanced technologies can seek both to Increase the 
attractiveness of the individual mode in question and promote 
the combined use of different modes. Combined transport should 
Include the wider possibi I it ies that are offered by different 
combinations of services, rail/sea, rail/Inland waterway, 
rail/air In particular. These "lntermodal operations" should 
provide the best combination of the different systems to meet the 
needs of operators and users . 
-38 -
95. Beyond these measures, however, it will be necessary to address 
the fundamental question of the true costs of transport and the 
necessity of I nterna I Is Ing ex terna I costs so as to ensure the 
deve I opment of a susta i nab I e transport system. Such a po I icy 
will Influence the demand for all modes by Increasing the price 
of Individual modes to the extent that these Impose costs on 
society which are presently not paid for by the respective 
transport users. As the external costs associated with various 
modes differ slgnlflcantly, the price Increases will also vary 
across transport modes, leading transport users to adjust their 
demand, In particular. to favour those forms of transport that 
impose fewer external costs or even to reduce or avoid 
unnecessary movements. 
IV.2.b.2 COSTS, CHARGES AND SUBSIDIES 
96. Why has such a strong shift to road occurred both In passenger 
and freight transport, In the past 30 years, seemingly neglecting 
the posslbllltles offered by rail, Inland waterways and short­
sea? To answer this fundamental question it Is necessary to look 
at the determinants of mode choice. Obviously, the Increasingly 
finer penetration and avallablllty of road haulage at virtually 
a 11 locat Ions p I ays an Important ro I e and Is someth Ing that Is 
not within the reach of the other modes, thereby I lmltlng 
lntermodal competition, especially on short hauls. In transport 
markets where all modes compete. various elements enter Into the 
mode cho Ice process: flex I b 111 ty, speed, re 11 ab 111 ty, frequency 
and price are probably the more Important ones. In freight 
transport, the Increasing share of high value/low volume goods 
and the surge In the use of lnformat Ion technologies, both In 
production and distribution, have favoured modes that score 
relatively well on the first four criteria, which could be 
described by the I abe I "qua Ii ty". Road hau I age and a I r 
transportation, the latter offering high quality transport though 
at relatively high cost, profited strongly from this development. 
Furthermore, due partly to the fact that external costs were not 
fully Internalised, the constant relative reductions In road 
costs charged to users stimulated this process, as they not only 
made road haulage more attractive In Itself, but also reduced the 
Incentive to further develop and exploit the potential of other 
systems. 
97. To change this situation action might be taken at different 
levels : 
first, to reduce the charged cost differences between modes, 
by Incorporating Into the transport prices the Infrastructure 
and external costs which are presently not taken Into 
account; 
second, to Improve the quality of service that Is available, 
particularly for lntermodal systems. 
-39 -
98. The problem of coverage of infrastructure and external costs Is 
complex and involves a wide range of issues. However, the weight 
of the best available evidence suggests that certain sections of 
the road transport Industry do not cover their costs, 
particularly when external costs are taken Into account. 
99. As to whether changes in the level of charges can vary the 
distribution between modes, common sense suggests that, under the 
right conditions, it will. After all, the growth in the share of 
the road sector has owed much to the constant reductions in Its 
charged costs relative to other modes. Clearly, however, changes 
wlll only take place where there are viable alternatives, which 
Is not always the case, particularly over short distances. But 
for medium and longer hauls potential alternatives do Indeed 
exist and In this case should make other modes more competitive 
and therefore moves to ensure that road transport does pay Its 
proper share of Infrastructure and external costs should effect a 
shift in their favour, particularly If other measures are also 
being taken to Increase their attractiveness. 
100. Two further considerations reinforce the case for proceeding In 
this direction. First, even if road users were covering the real 
costs of the road transport system, It Is a finite resource in 
the sense that road capacity cannot be constructed to meet any 
growth in demand. In congested and other environmentally 
sensitive areas, In particular, the posslbllltles for Increasing 
the capac I ty of the system by adding to the network are now 
rather limited. In conditions of scarcity It makes sense to 
ensure that demand management mechanisms Including charges are 
Imposed which wlll create an Incentive for users to reflect on 
the value of a particular Journey or to consider other 
a I ternat Ives. Second, to re I y on cost lmputat ion or even road 
pricing Is to use a market mechanism which still leaves operators 
with choice whlle ensuring a better utilisation in time and space 
of different transport modes. Some other possible techniques for 
deal Ing with problems do not have these advantages. It makes 
sense to explore fully the posslbllites for resolving problems on 
the basis of such a mechanism if It can avoid the need for more 
direct lve techniques subst I tut Ing regulat Ion for user choice, 
albeit a conditioned one. 
-40 -
101. The object ion may be made that increas Ing the charged costs of 
transport, part lcular ly road transport, would be economically 
damaging not only to transport operators but to the economy 
generally. One option that could be examined which would avoid 
or limit general Increases In the cost of transport would be to 
reduce simultaneously the I lcence and other charges appl led to 
heavy goods vehicles that are used In lntermodal systems, while 
Increasing the level of the charges overal I, Including those 
Imposed on use of the private car. An Idea to be explored in 
this context might be In the conclusion In specifications for 
heavy lntermodal road vehicles of high standards as regards 
safety and protection of the environment. The special tax regime 
to apply to such vehicles would reflect the fact that they would 
have lower road mileages than ordinary ones and would also Impose 
lower external costs. The specifications would also have the 
ef feet of promot Ing the I nteroperab I I I ty of I ntermoda I systems 
throughout the Community. 
102. The relationship between the charged costs of different transport 
modes can a I so be mod I f I ed by the use of pub I I c f I nanc Ing to 
reduce those of the modes which have the potential capacity to 
relieve modes under stress. However, a general policy of 
permanent I y subs Id Is Ing cert a In types of transport operat Ion, 
particularly long distance passenger and freight movements, Is 
unacceptable. It relieves the entitles concerned from 
compet It I ve pressure wh I I e s imu I taneous I y di sadvantag Ing the I r 
competitors. It is unlikely to produce viable efficient, long 
term solut Ions. Nevertheless, aids do have a role to play not 
only In modifying the cost relationship of modes but also In 
rendering certain modes more attractive In themselves. It Is 
necessary to develop guide I Ines concerning the condit Ions under 
which they are to be considered acceptable under Convnunlty law. 
Aids to Investment, particularly In new systems, for example, a 
new approach to the movement of road freight vehicles by rail, or 
wh I eh encourage the sw Itch of env I ronmenta I I y sens It I ve f I ows 
away from the road will merit particular attention In this 
regard. Such guldel Ines would not only serve to clarify what 
measures may be taken by nat Iona I or loca I author It les. They 
would also serve to orient discussions made on Convnunlty 
financing of projects forming part of trans-European networks and 
on pos It i ve measures to support transport modes offer Ing the 
possibility of new capacity under favourable environmental 
conditions, In particular, Inland waterways and maritime 
transport. 
103. Measures affecting the charged costs of transport have a direct 
impact on the competitive position of transport systems and 
operators. It Is dlfflcult for national or local authorities to 
act alone If by doing so they wl 11 prejudice the position of 
their enterprises relative to those from other regions. For this 
reason, measures of this kind are best taken within a framework 
decided at Community level. Indeed, It may be that they can only 
be taken In this way. The development of a Community framework 
in this field can nevertheless leave scope for national or local 
authorities to take account of their particular circumstances, 
for example, In deciding on the Introduction of particular road 
pr Icing schemes. Likewise, In so far as charging systems wl 11 
Increasingly use electronic devices for payment, action Is 
34 
35 -41 -
Justified at Community level to ensure that compatible technologies are 
developed so that vehicles from different Member States can be 
processed with equal facility. Past and current Community R&D work has 
verified the compatlbl lity and capabl I ity of technologies and Is 
currently assisting the development of common specifications for a Pan 
European system for charging operations. 
IV.2.b.3 COMPLEMENTARY MEASURES 
104. Other complementary measures to Improve the qua I lty of different 
modes and of I ntermoda I serv Ices as such w I I I a I so need to be 
considered. 
New entrants In lntermodal services 
105. First, the development of more attractive lntermodal services 
depends to a considerable degree on the efficiency of the 
management and supervision that Is applied. 
Part I cu I ar I y as regards I nternat Iona I routes ex I sting serv Ices 
have of ten not met performance requirements. In this context, 
the railway Directive 91/440/EEC will as from next year allow new 
railway operators Into the combined transport market, which 
should stimulate a higher quality of service from al I concerned. 
Further steps now need to be taken to g I ve fu 11 effect to the 
pr Inc I pie contained in the Direct lve. An examination wi 11 be 
made of the need for new measures In relation to access to and 
charging for railway Infrastructure and for the establishment of 
ral lway companies, since present Ind I cat Ions are that In Its 
absence, Directive 91/440(34) might well have rather limited or 
unacceptably divergent practical results. 
Cooperation and competition rules 
106. Second, lntermodal services may require co-operation between 
different transport enterprises particularly in the light of the 
provisions of Direct lve 91/440. Such agreements wl 11 have to 
comp I y wl th Commun I ty compet It Ion I aw. In this context, the 
Commission wl 11 examine possible opt Ions, Including the 
possibility of a modification to Regulation 1017/68(35), and 
will Inform concerned undertakings by appropriate means of Its 
policy In this respect. The treatment of maritime undertakings 
operating In lntermodal transport will also be reconsidered. 
Council Directive 91/+10/EEC of 29.7.91 (OJ L 237, 24.8 .. 91). 
Councl I Regulation (EEC) 1017/68 of 19.07.68 (OJ L175, 23.07.68). 
-42 -
Technical Harmonisation 
107. The third area of activity is the vital one of technical 
harmonlsat ion, In particular to guarantee the interconnect Ion of 
lntermodal systems and the interoperability of mobile eQulpment. 
The field Is vast and complex. Accordingly it will be necessary 
to fix priorities and begin by addressing those problems likely 
to yield useful results quickly such as divergences causing 
problems for the transfer of loads and lncompat Ible I inkages 
between components. In the somewhat longer term, more 
comprehensive Initiatives might be taken such as the posslblllty 
mentioned above of deve I op Ing spec If i eat ions for heavy goods 
vehicles dedicated to lntermodal operations. In addition 
appropriate compatible Information systems must be developed. 
Research and development projects to prepare the ground for these 
initiatives will have an important role to play. 
108. Technical harmonisation, essential to the interoperabi I ity of 
systems throughout the Community and affecting the output of Its 
eQuipment Industries, necessarily requires action at Community 
level based as far as possible on the Community's new approach to 
technical harmonisation followed since 1985, whereby essential 
reQu I rements are estab I I shed In Community DI rect i ves and 
technical specifications are achieved through reference to 
European standards developed by recognised standardising bodies. 
In It i at Ives to extend the ef feet of the measures beyond the 
Community's borders will also need to be considered. 
Llabi I lty and Insurance 
109. Fourth, at present, different regimes apply to the liability of 
interrnodal operators not only as between Member States but also 
to the different modal stages of an lntermodal Journey. · 
As a United Nations Convention on multlmodal international 
transport of goods was adopted on 24.5.1980 but has not yet come 
into force, an Investigation Is needed of the extent to which a 
more uniform approach would Increase the attractiveness of 
mu It imoda I serv Ices. Shou Id It appear des I rab I e, the d If ferent 
methods of real Ising that objective will then require evaluation 
bearing In mind the Community's Interest In seeing rules 
appl lcable to the operators being appl led also to thos~ from 
third countries, particularly those from the European Economic 
Area and Eastern and Central Europe. 
Trans-European lntermodal networks 
110. The fifth area of activity concerns the development of trans­
European networks for different modes and their progressive 
integration. This topic is developed as a whole in Chapter IV.2c 
but certain aspects of particular relevance to lntermodal 
relationships merit ~ttentlon at this point. 
-43 -
Fretght 
111. As regards freight, efforts wlll have to be made to Identify 
those corridors where the maximum potential for transfer exists 
and also those flows of goods that particularly lend themselves 
to transfer. A start has been made with the recent proposal for 
p1·1ot actions for combined transport : PACT. Specifications for 
tracking and Information systems should also be developed. In 
order to Include as rapidly as possible certain peripheral 
regions In the benefits of the exercise, and bearing In mind 
dlfflcultles that wl 11 be encountered with track and loadlng 
gauges on certain routes, particular attention should be given to 
the Interfaces between the core network and the systems wl th 
which It connects. Hubs wl II have to be provided with the 
necessary eQulpment to ensure efficient transfers to spokes which 
wlll continue to have different technical specifications for some 
time to come. 
112. Indeed, in the context of lntermodal ity, terminals of al I kinds 
are of part I cu I ar Importance. They const I tute the v I ta I 
interfaces which In large part wlll determine the competitiveness 
and utility of the systems. To the extent that they become more 
effective, the average distance at which combined Journeys become 
competitive with road which Is at present estimated to be In the 
region of 700 kilometres, will decrease. Given the reality that 
most freight transport takes place over shorter distances, as 
indicated In Chapter II, the future contribution of intermodal 
transport depends critically on Improvements In efficiency which 
wi II allow It to compete effectively In those markets. 
113. Terminal efficiency can also make contributions to the reduction 
of some other imbalances and Inefficiencies. More effective 
ports In the western and southern periphery are essent I a I if 
short sea sh I pp Ing Is to p I ay a b I gger ro I e, re I I ev Ing some of 
the pressure on north-south transit across the Alps. Freight 
distribution centres located near large urban areas can 
contribute In various ways. Careful IY-sited, they can act as 
lntermodal hubs and, through the application of up to date 
technology and loglst lcal pract Ices, greatly Improve the 
efficiency of distribution In urban areas, reducing the number of 
trips needed to stock shops and factories by appropriate 
sort Ing and consol idat Ion of loads. Where freight centres can 
also be developed as sites for productive activity, the concept 
of the •freight village", they also attack some current transport 
problems at their root by reducing the need for movement 
directly. 
-44 -
Passengers 
114. Turning to passengers, intermodal ity needs a new appraisal If 
a I ternat Ives are to be developed wh I eh, by approx I mat Ing the 
door-to-door convenience and flexibility of the private car, can 
compete with It. In this regard there is a strong argument that 
in addition to the Community networks already envisaged, an 
effort shou Id a I so be made to create an Integrated network for 
collective transport, having at its core complementary air, bus 
and rat I systems, including the capi I lary systems that provide 
access to and from the longer haul terminals. This Citizens' 
Network would include systems and services offered by different 
types of operator, publ le and private. Combined with other 
measures such as the development of user friendly information 
systems, appropriate mobile communications facilities and 
flex Ible collect lve transport Including tax I services, such an 
approach would give pub I le service transport a true Community 
dimension and so contribute to reducing the power of the car 
"reflex" which so dominates many individual travel decisions at 
present. After all, it makes little sense to bring a high speed 
train into a crowded city center if many of Its passengers must 
then fight their way through congested streets to an airport some 
distance away, not served by efficient collective transport. 
115. One accompanying measure that should be considered Is the 
establishment of a Quality Charter for the services forming part 
of the network. Such action would contribute to both the future 
CTP and to the development of a citizens' Europe by defining the 
quality of service that Community citizens would be entitled to 
expect. It would address such issues as frequency, reliability, 
accesslbl I lty, aval labl I lty and qua I lty of Information, ease of 
Interchange between services, comfort and so on. It should build 
on efforts already made In this direction such as the 
International Road Union's (IRU) service standards for buses and 
the quality assurance movement based on the International 
Standards Organisation's (ISO) 9000 series. 
116. An approach to a Citizens' Network based on the trans-European 
network provisions of the Union Treaty will ensure that the 
Community's Intervention Is limited to what is necessary to meet 
Its needs while leaving plenty of scope for authorities at other 
levels to discharge their own responslbi II ties. It also permits 
the Community to have an impact on decisions at other levels, for 
example, In the field of land use planning, while still leaving a 
large measure of I lberty to other responsible bodies to take 
account of their particular circumstances. These Issues are 
exposed In greater detail In Chapter IV.2.c below. 
') -45 -
Traffic management and restrictions 
117. The problems caused by road traffic, both lorries and private 
cars, have led to the introduction of many schemes for guiding 
and limiting traffic flows : bans on access to certain areas. 
restrictions on parking, obl lgatory routes for certain vehicles. 
night and weekend restrictions car pool Ing, park and ride 
schemes, and traffic Information and guidance. Such techniques 
clearly have their part to play as one component In the range of 
pol Icy responses that need to be made to the problems. In 
general, such measures are best taken at national, regional or 
local level depending on the scope of the measure. It has not so 
far proved necessary to consider Commun I ty act I on to harmonise 
these approaches which, of course, must not discriminate against 
vehicles from other Member States. This safeguard, flowing 
directly from the Treaty, may well be enough to ensure that 
measures taken do not pose a significant problem from the point 
of view of the CTP. The Commission accordingly considers that, 
In genera I. no Commun I ty measures are needed. However. In so 
far as management systems may I ncreas Ing I y re I y on te I ema t I c 
technologies, such as those being developed In the context of 
DRIVE, action may be needed to ensure that the systems are 
compatible, as already indicated for technologies used in 
automatic toll collection and road pricing. The Commission wi I I 
a I so keep the s I tuat ion under rev I ew to i dent I fy developments 
that might pose a problem for the free circulation of goods and 
persons. 
-46 -
IV.2.c. SYSTEM AND NETWORK DEVELOPMENT 
IV.2.c.1 INTRODUCTION 
118. The capacity of the Community's transport systems to respond to 
the challenges already out I ined depends to a considerable extent 
on the ability of European Industries to develop new systems 
using the latest technologies and of al I those concerned to 
Incorporate those systems in networks which maximise their 
practical utility to the user. Successful results of research 
programmes in the transport field can ensure that the latest 
scientific and technological developments are applied to enhance 
the performance and qua I lty of transport systems serving the 
objectives of transport policy. For Its part, the progressive 
development of transport networks guide I ines must ensure that the 
systems, and their different components, operate smoothly and 
effectively together transcending frontiers whether these are 
modal, geographical, or technical. 
119. The Community has an important role to play in these areas since 
many prob I ems are common to a I I Member States, if in different 
degrees, and indeed have cross-border dimensions and effects. 
According I y, it makes sense to f Ind new common so I u t ions and 
develop common specifications through cooper at ion at Community 
and even broader European levels. Risks can be shared and 
economies of scale are I ikely to be realised assisting the 
development of new systems requiring heavy "up-front" investment. 
The industrial implications of such activities are accordingly 
considerable. 
120. The potent I a I synergy between research and network deve I opment 
should also be noted. If new technologies are developed In common 
"up-stream", it becomes far easier to decide on the application 
of those technologies through appropriate standards and technical 
regulations for the subsequent development of European networks 
and new services in the interests of compatibi I ity, 
Interconnection and lnteroperabl I ity. Conversely, the progressive 
development of European networks and new transport services wl I I 
certainly stimulate the search for new technical solutions to 
realize those same objectives. Again the industrial lmpl !cations 
of the relationship between research and network development are 
considerable for they constitute a potentially powerful means of 
lmprov Ing the compet it I veness of Commun I ty I ndustr I es In 
accordance with Article 130 of the Union Treaty. 
121. Finally, it should be borne In mind that advances In information 
and telecommunications technologies are transforming the 
interdependence which has always characterised transport and 
communications. In parallel with advances In Information 
technology, the telecommunications network operators are now 
beginning to Introduce broadband transmission faci I I ties and new 
-47 -
digital mobl le communications services within the open network 
po 11 cy of the Community. Broadcasters env I sage the ear I y 
Introduction of digital audio transmission which wl I I enormously 
Increase the capacity available for the distribution of coded 
transport and travel information. These new techniques promise 
to offer unprecedented services to support the whole transport 
chain and to facilitate cooperation between different transport 
modes. In addition, new electronic techniques such as 
teleconferencing, teleworking, teleshopplng and various forms of 
personal electronic communlcat ion are quite I ikely to modify 
slgnlflcantly the way in which people regard the need for 
physical displacement. However, while the relationships between 
physical movement and communication over distance may well change 
significantly, It should not be assumed that Increased use of 
telecommunications will lead to a reduction in transport. For 
while they reduce the need for movement, personal communications 
actually Increase the freedom to move without losing access to 
others. 
122. The hybrid character of transport and communications means that 
an appropr I ate regu I atory framework must be developed through 
cooperation between a diversity of actors from both sectors 
Including the final users who Increasingly draw on the combined 
services of transport and telecommunications. This framework Is 
vital If Industry and government are to contribute most 
effectively to the advances In the industrial and economic 
Infrastructure In Europe. 
IV.2.c.2 RESEARCH AND DEVELOPMENT 
123. Community research and development actions concerning transport 
shou Id prov I de new too Is for rea Ii z Ing susta i nab I e mob 111 ty : 
efficient, safe transport under the best possible environmental 
and social conditions. 
Efficiency 
124. Improvements in the efficiency of the transport system can be 
sought as regards the performance of individual modes and 
operators, the capacity of each mode to operate with others, and 
the functioning of the transport system taken as a whole. 
125. The efficiency of an Integrated system wl 11 be I imited by the 
qual lty of its weakest components. Avai labl I ity, rel labl I lty, 
flexibility and rapidity of each mode should therefore be 
. enhanced as much as possible, while at the same time any negative 
effects on safety, the environment or social conditions should be 
minimised. Improvements should be sought both In relation to 
modes under stress and those which offer the prospect of spare 
capacity, actual or potential. They should be sought In the 
material used; the design of equipment and Infrastructure; 
manufacturing and processing techniques; and operational 
efficiency, notably through the application of information and 
communication technologies for the development of new tools to be 
used by network managers, operators and users. 
-48 -
126. Improvements within different modes should be developed, however, 
in the context of other actions designed to ensure that each mode 
can function more effectively with the others. All modes should 
accordingly be regarded as part of a larger system which should 
function increasingly as an integrated whole. Careful attention 
shou Id be given to avoiding new divergences and cont rad I et Ions 
such as information or tracking systems for one mode that cannot, 
or only at high cost, be connected to others or new transshipment 
techniques for road and rai I that cannot be easily used for road 
and Inland waterway or shipping. Progress in the flow and 
management of Information and Information-based services also 
contributes to the increased ef f I c i ency of phys I ea I movements. 
Compatibi I lty, Interconnection and lnteroperabl I lty should be key 
criteria. They are the necessary conditions to bring about the 
Integration of all modes into one European transport system In 
which each mode contributes where it Is strongest al lowing the 
operator and user to choose the best combination for his Journey. 
127. Indeed beyond improvements in the efficiency of particular modes 
and their capacity to operate with others, actions are needed 
that address the functioning of the transport system as a whole, 
though distinguishing between its local, regional and long 
distance components. The goal would be to develop new tools that 
enable those who use or manage parts of the system to be as fully 
informed as possible about their present functioning and likely 
Safety future deve I opment in the short and I ong term. Such too Is are 
essential for those concerned to make sound decisions not only 
about current operations but also the longer term development of 
the system and Its component parts. This combination of rapid 
technological change with changes In user requirements presents 
a major challenge if Europe Is to maintain the necessary 
technical compatibility while enabl Ing its industries to compete 
effectively with the rest of the world. Collaboration in the 
deve I opment of common spec if i eat ions and European standards is 
essential for the development of an "open" transport network 
permitting interoperability of mobile equipment and access to 
users of all modes of transport. It is one of the domains where 
the Community can best fulfi I its role. 
128. The safety of transport operations, for al I modes but 
particularly for road transport, remains a major preoccupation of 
the Member States as explained more fully In Chapter IV.2.d. 
Research and development programmes have already made significant 
contributions primarily at national level and more modestly 
through Community actions such as those on telematics systems 
applied to road transport, vessel traffic systems, air traffic 
control and control and command systems for railways. These 
initial actions constitute a sound basis for the development of 
future activities building on what has been achieved, in 
particular, to produce operational results as soon as possible. 
-49 -
Env I ronment 
129. Research and development, when combined with complementary 
actions, can contribute to alleviate many of the environmental 
problems out I lned In Chapter 11 and so help real lse the basic 
objective of sustainable mobility. Moreover, environmental 
performance Is an area in which transport and environment policy 
provides a clear orientation for research and development 
programmes by setting targets which are not attained by current 
technology but which can and must be achieved In the foreseeable 
future. In this context too, the possibi I it ies for including 
environmental factors in traffic management and influencing the 
user of the private car and the overall demand for transport and 
the implications of such possibilities for the vehicle Industry 
require further attention. 
Social dimension 
130. The development of new transport technologies and systems is not 
s Imp I y a matter of deve I op i ng new hardware and software. The 
human factor remains central whether it is a question of 
Innovations that Improve labour productivity while requiring 
higher ski I I levels; automate functions previously carried out by 
human operators; or permit more effective enforcement of rules 
and systems. The development of new technical components needs to 
be accompanied by appropriate investigation of the behavioral 
implications of the new technology, including telematlcs, and the 
best means for ensuring that it wl I I receive a positive reception 
from those who will operate it or use it as clients. Moreover, 
the technical changes cannot be viewed in isolation from other 
measures that may be necessary to ensure their effective 
app 11 cat Ion, for examp I e, the use of f i sea I and other economic 
Instruments to Influence user and operator choice, their 
Incorporation In technical standards Including those associated 
w Ith gu I de I i nes for t rans-European transport networks or their 
association with measures aimed at making collective transport 
more attractive. Actions concerning technical innovation need to 
be accompanied by an investigation of how they can be integrated 
into their social and organizational context and by other 
supportive measures forming part of the CTP. 
A new integrated approach 
131. Convnunity research and development activities concerning 
transport have been carried on in the context of a number of 
programmes having different primary objectives. As a result the 
approach appears somewhat fragmented and the I inks with the 
objectives of the common transport policy were not always clearly 
estab I i shed. 
-50 -
132. In the fourth framework programme, provision wi II be made so that 
activities concerning transport related research and development 
wl II be conceived in a coherent manner ensuring that those 
activities will also serve the objectives of the CTP. Priority 
w I I I be g I ven not on I y to common prob I ems hav Ing cross-border 
Implications, guaranteeing the Interoperability of equipment and 
the Interconnect Ion of networks, the shar Ing of r I sk and the 
realisation of economies of scale but, In addition, the projects 
selected will reflect, wherever appropriate, objectives and 
priorities of the CTP. 
133. The approach will establish a transparent, coherent framework for 
transport-related research and development. The framework has 
three main components : a foundation, designed to establish the 
strategic parameters for the technical changes to be developed, 
and two technological components, one focused on telematlcs In 
their application to transport and the other on the appllcatlon 
of other Industrial technologies. The foundation activity will 
focus on an assessment of the possible impacts of new 
technologies on the transport and distribution system, Its users 
and operators distinguishing between local, regional and long 
distance movements. A key issue In this domain wi 11 be the 
relationship between human factors and possible technical change. 
The telematlcs component wil I focus on how these technologies can 
be applied to all modes and their more integrated operation. The 
f lnal component wl 11 investigate how other technologies, 
including generic technologies developed in areas such as 
advanced manufacturing, materials and processing technologies, 
can contribute to the solution of transport problems and promote 
synergies with Industries which Interface with transport. These 
activities are described In greater detal I In Chapter V below and 
In the fourth framework programme Itself. 
IV.2.c.3 TRANS-EUROPEAN NETWORK DEVELOPMENT 
The problem 
134. Until very recently, transport networks have been designed 
largely from a national point of view. Moreover, emphasis has 
frequently been placed on the development of particular modal 
networks rather than on the relationships between them, much less 
their Integration as a transport system. From the point of view 
of the Community, the traditional approach has Inevitably led to 
a number of Important problems. These Include the frequent 
absence of adequate Interconnections between national networks, 
missing I inks and bottlenecks, as wel I as obstacles to 
I nteroperab 111 ty enta 111 ng huge I neff I c I enc I es. Such obstac I es 
are found both within modes, for example, as regards differences 
In gauge and electric current In the railway sector, and between 
modes, for example, Incompatible approaches to the technical 
specifications for combined transport. A particularly 
significant example exists In the air traffic area where wide 
divergences exist between incompatible national systems, 
-51 -
standards and operating practices. In addition, differences in 
the geographical situation and economic history of the Member 
States have resu I ted In cons I der ab I e divergence In the 
avallablllty and qua I lty of transport infrastructure, In general 
the centre and north of the Community being much better equipped 
by comparison with the periphery and the south. The general 
stagnation In Investment in transport Infrastructure over the 
last decade has not provided an environment favouring the early 
elimination of these obstacles and Imbalances. 
135. Beyond these difficulties, the overall efficiency of the 
Community's transport networks, on which the free circulation of 
persons and goods depends, is increasingly determined and Indeed 
threatened by the growing concentration of traffic on a certain 
number of routes, modes and destinations with which the present 
organisation of the networks Is finding It Increasingly difficult 
to cope. Examples include the unbalanced development of the 
Community's ports to which reference has already been made In 
Chapter IV.2.b; the continuously rising demand on the Rhine and 
Rhone corridors; the crossing of London and Paris by train; the 
stress on the Air Traffic Management (ATM) system particularly In 
North Western Europe; congestion on roads leading to the newly 
opened regions of Eastern and Central Europe, particularly at 
border crossings, and, more genera I I y, at major motorway nodes 
and urban centres. 
The Community's role 
136. The planning and development of European transport networks 
I nvo Ives author It I es at a I I dee is ion making I eve Is : European, 
Community, national, regional and local. Up to now the Community 
has had a rather limited role, though in recent years the pace 
has quickened notably. Beginning In 1978 with the setting up of a 
Committee on Transport Infrastructure and a consultation 
procedure for the purpose of coordinating the development of 
transport I Inks In the Commun I ty, the Commun I ty began to make 
modest ad hoe financial contributions to investment In projects 
of Community interest in 1982. In 1990, a medium term multiannual 
budget was decided for a three year period and, at about the same 
time, a network for high speed trains was developed on the basis 
of preparatory work by a High Level Working Group consisting of 
experts from government, industry, transport operators and users. 
The same approach has s i nee been app I i ed to the deve I opment of 
networks for combined transport for freight, motorways and inland 
waterways. 
-52 -
137. Of much larger quantitative Importance have been the transport 
Infrastructure Investments financed by the Community through its 
structural funds and instruments. Since the reform of the 
structural funds In 1988 and the move away from the financing of 
Individual projects, the assistance requirements of the less 
developed Member States and regions are Integrated Into overall 
economic development plans for the regions concerned. In these 
development strategies accessibility considerations have played a 
major role. Under the ERDF, commitment credits for transport 
Infrastructure s Ince 1975 have been est I mated at about 16,000 
MECU. Th Is has been add It Iona I to the huge and long stand Ing 
contribution of the EIB loans to transport Infrastructure, 
evaluated at about 14,000 MECU from 1982 to 1991 and the 
relatively smaller but stl I I important contribution of the 
European Coal and Steel Community to promote steel consumption, 
around 1,200 MECU s I nee 1987. Many of the projects funded In 
these ways have had a broad Community Interest since they have 
Improved Its transport networks from the point of view of al I 
potential users. 
138. Reference should also be made to the activities of the United 
Nations' Economic Commission for Europe which has, for ten years, 
with the Community's participation, been developing Its network 
project, In particular, for motorways and rail, TEM and TER. 
These have ensured at least a minimum of coordination for the 
development of those networks throughout the larger Europe. 
139. The provisions on trans-European networks In the Union Treaty 
provide a new basis for Community action, define more clearly the 
objectives and limits of Community involvement, and Introduce a 
new decision making process as wel I as a new approach to 
financing. All of these provisions provide clarification as to 
the application of the subsidiarity principle In this area and 
therefore as to how the Community should relate Its activities to 
those of competent authorities at other levels. Environmental 
protection requirements must also be integrated Into the 
establishment and development of these networks. 
ObJectlves 
140. The substantive goal of Community action is defined as the 
establ lshment and development of trans-European transport 
networks, within a framework of a system of open and competitive 
markets, through the promotion of interconnection and 
lnteroperabi I ity of national networks and access thereto. It must 
take part I cu I ar account of the need to 11 nk Is I and, I and locked 
and peripheral regions with the central regions of the Community. 
In brief, the goa I to be pursued Is not the improvement of 
transport Infrastructure in genera I but the I ntegrat Ion of the 
Convnunlty's transport system through the completion and 
combination of Its networks, taking particular account of the 
needs of Its more geographically Isolated regions. 
8) -53 -
Territorial and regional aspects of the development of the 
transeuropean transport network should be taken into account to 
enhance their regional productivity. New geographical and 
economic disparities should not be allowed to originate from a 
lack of complementarity between the Trans-European, national and 
regional networks, on the one hand, and the absence of 
Interconnection between modes, for example, plane and urban 
transport, or between two generations of the same mode, for 
example, High Speed Train and conventional railway, on the other 
hand. 
The process 
141. The realisation of this goal accordingly requires, first, an 
examination, on the basis of work already completed or under way, 
of the strengths, weaknesses and potential of the different 
transport networks and their interrelationships, with a view to 
Identifying how best to proceed. This task must necessar i I y be 
carried out at Community level though with the maximum 
participation of concerned national, regional and local 
authorities as wel I as network managers, operators and users. In 
particular, the impact of new infrastructures on the directly 
concerned areas and on other affected areas should be assessed. 
Reg Iona I nodes of commun i eat I on shou Id be further deve I oped to 
ensure the optimal efficiency of the connection between the main 
network and the capillary, regional/local networks. The 
structures and procedures used to prepare infrastructure 
In It i at Ives a I ready taken can be used for th Is purpose and, if 
necessary, further developed. On the basis of this preparatory 
work, the Commission must then propose guidelines, indicative In 
character, covering the objectives, priorities and broad I Ines of 
measures envisaged In the sphere of trans-European networks, 
Including the Identification of projects of common Interest, 
together with any necessary accompanying measures to ensure 
network Interconnection and interoperability of mobile equipment 
Including the use of telemat lcs for transport management, In 
particular, In the field of technical standardisation. These 
guidelines are then to be adopted by the Council under the co­
decision procedure with the European Parliament and after 
consulting the Economic and Social Committee and the new 
Committee of the Regions. Moreover, once the Community's 
guide I Ines have been adopted, the competent nat Iona I, regional 
and local authorities determine the precise Implementation of the 
Infrastructure projects required to real lse the networks as 
defined. As necessary the guidelines can be further amended and 
developed to reflect changes in circumstances. 
142. This process and the indicative guidelines which It produces thus 
constitute the basis for a partnership between al I those 
authorities Involved in the design, real lsatlon, maintenance, 
management and use of transport networks. In this way, the 
Interests of the Community and the role of Its Institutions, are 
brought Into harmony with those of competent authorities at other 
levels. 
-54 -
Financing 
143. Th~ financing of transport Infrastructure in the Community poses 
a number of major problems. On the one hand, as already 
Indicated, while traffic has been increasing for many years, the 
general level of Investment in transport infrastructure has been 
stagnating at about 1% of GDP and in some areas there has been a 
decline. On the other hand, a reasonable estimate of the volume 
of investment required during the period 1990 to 2010 to 
guarantee adequate functioning of the total transport system Is 
of the order 1,000 to 1,500 billion ECU, or 1 to 1.5% of GDP, and 
probably towards the higher end of that range If significant 
improvements are to be realised. Given the size of the 
Community's total budget and the multiple claims upon it, the 
scale and nature of its financial participation have to be 
carefully considered. There is clearly no possibi I ity at this 
time of the Community becoming the primary source of investment 
in p I ace of the Member States or the private sector. It s imp I y 
does not have the resources and, even if it did, its role under 
the network prov Is ions of the Un ion Treaty is not to develop 
transport infrastructure as such but to focus on the more I imlted 
objectives described above. Moreover, those provisions also 
indicate that it should privilege certain forms of intervention, 
namely the financing of feasibility studies, loan guarantees and 
interest rate subsidies. This clearly lmpl ies that such Community 
interventions are intended to support operations that are 
primarily funded by others. The Community contribution Is to 
provide the financial leverage that wl I I ensure that 
Infrastructure programmes funded pr imar I IY at nat Iona I or 
regional level wi I I nevertheless Integrate into the larger 
framework and priorities which the Community as a whole has 
decided that It needs. In the context of the Cohesion and 
Regional Development Funds, the situation is different in that 
the broader economic goals of those programmes require the 
Community to provide finance on a scale and in ways which permit 
the realisation of projects that would otherwise probably not be 
realised, either at all or at least In the next five years or so. 
This is Justified by the fact that weaker regions of the 
Community are already handicapped by Insufficient levels of 
investment and that special efforts have to be made to reduce the 
gap. 
144. The need to make the best poss I b I e use of I Im i ted funds w I I I 
require that every effort be made to maximise the effectiveness 
of Community Interventions through the careful selection and 
combination of available financial techniques. These include the 
encouragement of private Investment through instruments I Ike the 
declaration of European Interest and the real isatlon of synergies 
between different forms of Community intervention, for example, 
loans from the European Coal and Steel Convnunlty Instrument or 
the EIB. More general IY, the network guidelines provide a 
flexible tool for ensuring that Community investment in transport 
Infrastructure, In whatever context It Is made, forms part of an 
overall transport strategy. 
-55 -
Network development and the guidelines 
145. The adopt Ion of network guide I Ines and necessary accompanying 
measures will constitute the foundation for Community actions on 
transport Infrastructure. The technique is a flexible one which 
permits a broad range of Issues to be addressed going well beyond 
the establishment of a consensus on routes and destinations. For 
example, attention can be given to the appl lcation of Information 
and communications technologies, In part developed by Community 
research programmes, to provide useful information both to 
network users about alternative modes, their costs, time 
consumption and to network managers on the real tlmeuse of their 
networks, demand forecasts, capacity, and cost. Attention can be 
focused on the performance of nodes and terminals In the 
Interests of promoting network access Interconnect Ion and 
lnteroperabl llty. Environmental and safety considerations can 
also be given the attention that they deserve. The environmental 
implications of the different networks wl I I be subject to 
analysis on the basis of common criteria with a view to ensuring 
their compatibility with the objectives of the Community's 
environment policy. This wi II permit the role of each mode, and 
its relationship with others, to be assessed in order to optimise 
their contribution to a global transport system which is 
effective and which respects the environment. Finally, the Issue 
of qua I I ty assurance can a I so be addressed both as to 
Infrastructure, fixed and mobile, and as to the service offered 
by operators. In this context, Initiatives already taken by 
certain operators and In the context of quality standards based 
on the ISO 2000 series will need to be taken Into account. 
146. Proposa Is on comb I ned transport, In I and waterways and motorways 
have been recently added to the Initiatives already taken 
concerning the high speed train. Preparatory work has already 
begun on convent Iona I ral lways; mar It lme and coastal shipping, 
Including ports; airports and air traffic control. The 
guidelines will need to Include provisions on the deployment of 
telematlcs appropriate to the particular sector. As already 
explained In Chapter IV.2.b, initiatives wi 11 also be taken In 
relation to a citizens' passenger network on an lntermodal basis. 
Indeed, the process of developing these different networks must 
have as its finality an intermodal transport system embracing, to 
the maximum extent possible, al I of them. 
147. Finally, the problems affecting Community transport networks also 
arise In relation to third countries, particularly those of the 
Community's European neighbours. The network provisions of the 
Union Treaty refer to trans-European not trans-Community networks 
and specifically provide for cooperation with third countries to 
promote projects of mutual interest and to ensure network 
lnteroperabl llty (Article 129c (3)). The Community should adopt a 
global approach In Its transport relations with these third 
countries as outlined in Chapter IV.3 below. Network development 
should form an Important part of those relations in the context 
of both bilateral co-operation agreements and relevant 
mu It 11 atera I arrangements. The work of the Economic Commission 
for Europe in this field, to which reference has been made above, 
wl II form a useful basis for further action. 
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IV.2.d ENVIROt-MENTAL PROTECTION AND CONSERVATION: 
IMPROVING THE ENVIROt-MENTAL PERFORMANCE OF TRANSPORT 
IV.2.d.1 INTRODUCTION 
148. As already indicated the sustained growth in transport services 
and traffic volume has led to environmental problems. These have 
so far been dealt with on a case-by-case basis with the adoption 
of Convnunity legislation on particular issues such as motor 
vehicle emissions, aircraft noise emissions and marine pollution 
prevention. 
149. However, growing concern about a number of global environmental 
Issues, particularly the "greenhouse effect", focused attention 
on the more wide-ranging effects of transport on the environment 
and the need to adopt a global approach. such an approach was the 
basis for the Commission's recent Green Paper on the Impact of 
Transport on the EnvironmentC36), which presented a 
comprehensive assessment of the overal I Impact of transport on 
the environment and suggested a strategy for the Convnunity's 
response. Likewise the Fifth Environmental Action Programme 
highlights transport as one of the key sectors requiring 
Integration of environmental objectives. 
150. Assessments made so far show that transport is never 
environmentally neutral, but that the effects on the environment 
vary in scale and nature according to the mode of transport. 
They take the form mainly of energy consumption, operational 
pollution, land-take, congestion and the potential impact of the 
carriage of dangerous goods. 
IV.2.d.2 MAIN ENVIROt-NENTAL PROBLEMS 
Energy consumption and operational pollution 
151. Al I power-driven transport consumes energy and causes operational 
pollution. The energy consumption of the transport sector 
represents 30 X of total final energy consumption In the 
Community, virtually equivalent to that of industry. The 
operational pollution caused by transport takes the form of air, 
soil, water or marine pollution. In the case of road transport, 
the operational pollution takes the form mainly of gaseous 
emissions such as co2, HC, NOx, carbon moNOx Ide (CO), 
volatile organic compounds (VOCs) and sulphur dioxide (S02), 
noise and v I brat Ions. To a lesser extent It i nc I udes so 11 and 
Ind I rect I y water po I lut Ion. The ra I I ways cause no I se and 
vibrations and, Indirectly, air, soil and water pol lutlon. In the 
case of Inland navigation, operational pollution takes the form 
mainly of water pollution and gaseous emissions. Shipping causes 
mainly marine pollution, through accidental and operational 
discharges. Operational pollution In the case of aviation takes 
the form pr I mar 11 y of no I se, vibrations, gaseous em I ss ions and 
Indirectly sol I and water pol lutlon. 
(36) Can(92) 46 final of 20 February 1992. 
-57 -
152. Road transport has the biggest environmental effect in terms of 
energy consumption and operational pol lutlon. Road transport 
consumes over BOX of the total final energy used In the transport 
sector and contributes over 75% to Its total co2 output. 
Congestion 
153. Transport also leads to congestion where Infrastructure capacity 
Is Insufficient to cope with demand, particularly at peak 
per lods. Congest Ion not on I y adverse I y affects the operat Iona I 
efficiency of transport systems, It also Increases energy 
consumption and operational pollution and thus exacerbates 
environmental inefficiency. Congestion Is most prevalent for road 
and air transport, particularly In the core regions as wel I as in 
and around large conurbations. 
Land-use 
154. Transport does not only affect the environment in terms of 
energy consumption and operational pollution, Its infrastructure 
through land-take and Intrusion has a permanent and often 
Irreversible Impact on the environment. Again the impact varies 
according to the mode of transport. The total land-take of road 
Infrastructure considerably outstr lps that of the ral lways and 
other modes. At present the Community road network takes up 1.3 X 
of the total land area of the Community, compared to 0.03 X for 
the railway network. An Important measure of land-take Is land­
use In terms of Infrastructure needed to move one transport unit, 
expressed In persons or tonnes of freight, over a given distance. 
Land-use Is most efficient for air and sea transport due to the 
relatively smal I land-take for a given Journey, fol lowed by 
inland navigation. It Is less efficient for ral I and least for 
road. 
carriage of dangerous goods 
155. Transport a I so carr les a potent I a I r I sk for the env I ronment as 
well as human life In so far as the transport of dangerous goods 
is concerned. Since the bulk of these goods are carr led by sea 
and road, these two sectors present the biggest potential Impact 
for the environment In the form of air, sol I, water and mar lne 
pol lut Ion. 
IV.2.d.3 REACTIONS TO THE GREEN PAPER 
156. The purpose of the Green Paper was to Initiate a public debate on 
the Issue of transport and the environment. The Community's 
Institutions \ook part In this debate as did the stakeholders : 
Industry, transport users and operators, the consumers, 
env I ronmenta I protect Ion groups, the soc I a I partners, reg Iona I 
and local authorities. The outcome of this consultation provides 
an Insight into how it should be possible to integrate the 
environmental component Into transport policy with the 
participation of the different actors. 
-58 -
157. The improvement of the env i ronmenta I performance of transport 
cannot be achieved merely by Convnunity legislation. It wi 11 
require the participation of al I the stakeholders. A clear 
indication on their part of the need and willingness to 
participate in this exercise and contribute to the objective was 
given during the publ le debate. The stakeholders in general 
endorse the comprehens I ve assessment of the over a 11 impact of 
transport on the environment as well as the new 'global' approach 
set out in the Green Paper. The transport industry as a whole 
nevertheless emphasizes the key contribution of transport to 
economic growth as well as economic and social cohesion In the 
Community. Views differ, however, as to which measures will best 
improve the env I ronmenta I performance of the transport sector 
and, at the same time, satisfy other Important policy goals. 
158. The reduction of operational pollution Is viewed by all 
stakeholders as essential, with special emphasis on the need to 
promote research Into new technologies. Transport operators and 
industry stress that the best aval lable technology should be seen 
as the best cost-effective technology or the best aval lable 
technology not entail Ing excessive costs. Environmental 
protection groups, consumers, local and regional authorities 
maintain the reduct Ion of operational pollution wi 11 not In 
Itself suffice to improve the overall environmental performance 
of transport. It wll I also be necessary to rationalise and manage 
transport demand by means of a traffic volume oriented approach, 
including a shift towards environment-friendly modes and 
collective transport and a better utilisation of existing 
capacity. The development of multi-modal and combined transport, 
coastal shipping, the use of pipe-I Ines for freight transport 
are viewed by industry and transport operators as ways of 
Inducing such a shift for the carriage of goods. 
159. Limitation of land-take and land-Intrusion is viewed as a key 
objective by the local and regional authorities, who stress the 
need to integrate transport in land-use and spatial planning. 
160. The majority of stakeholders believe economic and fiscal 
instruments can be used in order to influence transport demand. 
While collective transport operators, environmental protection 
groups, local and regional authorities advocate the use of 
environmental charges and/or fiscal Incentives in order to 
promote or to provide funding for the more environment-friendly 
modes as wel I as col lectlve transport, industry warns against the 
possible negative effects of fiscal measures on economic growth. 
IV.2.d.4 THE CQMMUNITY•s RESPONSE : ENVIROt&tENT PROTECTION AS AN 
INTEGRATED THEME OF THE CTP 
161. The deliberations on the Green Paper have accordingly confirmed 
that if the future development of transport policy in the 
Convnunlty Is to meet the objective of 'sustainable mobility', not 
only wi II transport need to respond efficiently to market demand, 
It will need to do so at the lowest possible cost for society, 
taking fully Into account environmental costs. This requires the 
pursuit of efficient policies in the fields of pricing, Including 
the internalisation of external costs, infrastructure and the 
removal of market barriers as explained in Chapter IV.2.b. 
-59 -
162. One of the key objectives of the CTP wi I I therefore be to correct 
env I ronmenta I i neff I c I enc I es and improve the env I ronmenta I 
performance of the transport sector. This will require a full 
range of measures and initiatives adapted to the needs and 
characteristics of the different transport modes. They will also 
need to al low for the progressive lntegrat ion of the modes in 
order to derive maximum benefits, economic and env I ronmenta I, 
from interrnodal transport in the largest possible sense. Indeed 
many of the Community act I ons a I ready discussed wh I eh concern 
the proper functioning of the Internal market, Internalisation of 
external costs, intermodal competition and complementarity as 
well as interoperability and Integration of systems and networks 
contribute at one and the same time to both transport and 
environment objectives. They address the economic, operational 
and environmental efficiency of the transport system. Protection 
of the environment Is thus not accessory to the CTP but one of 
Its integral themes. In addition to the actions already 
mentioned, a ttent I on w I I I need to focus on a broad range of 
measures that can contribute to the specific environmental 
efficiency of the different transport systems. Some of these wl II 
be most effectively taken at Community level, many others wil I be 
more appropriately pursued at national or local level. 
Energy consumption and operational pollution 
163. An essential element of the Community's strategy towards reducing 
pollution caused by the transport sector will be the setting of 
progressively higher standards for gaseous emissions, energy 
consumption and noise emissions for the different transport 
sectors by means proposals In accordance with technical and 
technological progress. 
164. In recent years the Community has made considerable strides In 
the establishment of strict emission standards from motor 
vehicles. The standards coming Into force In 1993, If strictly 
Implemented and backed up by efficient Inspection and 
maintenance, should lead to significant reductions In emissions 
of the main sources of air pollution from motor vehicles over the 
next two decades. The Introduction of progressively higher 
standards in the coming years should help further reduce 
emissions though the reductions are likely to be proportionately 
less dramatic than those resulting from current legislation. 
Attention will also be paid to new developments in test 
procedures In order to take account of a broader range of 
conditions of use as we 11 as cond It Ions closer to the actua I 
driving situation. 
165. Str I cter Inspect Ion and ma I ntenance requ I rements and act Ion on 
fuels have the potential of a greater Impact on emissions as they 
are not dependent on turnover of the fleet as are standards on 
new vehicles. The promotion of R&D In the area of 
environmentally friendly transport technology and management of 
operat Ions wl 11 also make a contr I but Ion towards updat Ing and 
improving these and other standards. Advanced technologies stl I I 
(37) -60 -
have to be developed in order to Improve substantially the 
efficiency of present conversion techniques, for example, through 
the use of heat pumps and fuel cells. They are also needed to 
reduce the level of emissions, for example, through the 
deve I opment of c I eaner f oss i I e techno I og I es and advanced 
propulsion systems using new fuels. 
166. While the main attention so far has been directed at gaseous 
emissions from motor vehicles, the problem of emissions from 
clvl I avlat Ion wi 11 need to be addressed more fully. Although 
civil aviation Is responslbie for a relatively small percentage 
of gaseous emissions from all forms of transport, It is the only 
mode where these emissions are directly Injected at critical 
altitudes. 
167. The discussion of the Green Paper has shown that both the 
stakeholders and the Member States view Improved technical 
standards as essential in improving the environmental performance 
of the transport sector and consider they should be taken at 
Community level. Introduced at that level they wl II ensure 
conformity throughout the Community which is essential in view of 
the implications for manufacturing Industry and the free 
circulation of goods. 
168. Standards can be made more effective and deadlines for their 
Implementation can be accelerated, if they are accompanied by 
"targets" for both the values of the standards and the dates of 
Implementation. Fiscal incentives could further encourage 
industry to meet these targets as quickly as possible, while 
fiscal penalties could be imposed on manufacturers who do not 
meet the dead Ii nes. For ex amp I e, f i sea I incentives cou Id 
encourage the user and the operator to opt for the technically 
most environment-friendly vehicle or aircraft, for example, 
before a "target date" and thus in turn put pressure on industry 
to achieve the performance In question. 
169. Fiscal and economic instruments have a number of advantages. 
They can be focused on the source of po I I u t I on and g i ve equa I 
treatment to different sources and uses. They can be made 
equivalent In amount to the external costs associated with 
pollution and are thus a particularly direct application of the 
principle that the polluter should pay through the 
Internal lsatlon of external costs. They are flexible In the 
sense that they can be used as an Incentive or to avoid or IJmlt 
certain behaviours. Tax incentives can directly encourage the 
user, for ex amp I e, to opt for a more energy-ef f I c I ent veh I c I e 
while a progressively heavier charge on the user of less energy­
efficient vehicles can discourage their use. The Commission has 
already adopted an approach of this kind In Its proposal aiming 
at reducing the excise duties on blofuels, as the new fuels allow 
a significant reduction In C02 emlsslonsC37). Such Instruments 
can easily take account of new situations by a variation In the 
rate of the fiscal charge or benefit with almost Immediate effect 
to deal specifically with a local problem. Thus a surcharge on 
CX:M(92)36 final 
-61 -
parking space In congested urban areas can rapidly dlsco~rage the 
user from taking his/her car Into the city centre, particularly 
If tax relief Is available on attractively priced season tickets 
for weekday convnuter Journeys. Although the choice of the user 
wl 11 thus be lnf luenced and guided, the ful I range of opt Ions 
remains available. 
170. Given the financial Impact of many such measures on manufacturing 
Industry and on transport operators, and the Impact of some of 
them on the free movement of persons and goods, COmmunlty action 
Is required In order to prevent distortions of competition. 
However, this should not exclude the posslbl I lty of al lowing 
scope for some differences in approach at national or local level 
within a common framework. 
171. such a global approach Is particularly necessary in relation to 
the main greenhouse gas carbon dioxide. Transport Is 
responsible for around 25% of total COmmunlty co2 emissions and 
Its share Is rising. On current trends co2 emissions from the 
transport sector will rise by some 24% between 1990 and the year 
2000 and road transport alone wl 11 account for 30% of C02 
emissions by the year 2010. The Community has set Itself an 
Interim target of stabilisation of co2 emissions by the year 
2000 at 1990 levels and a reduction In the years beyond. 
Addressing the Issue of reducing road transport's co2 emissions 
wlll require In the first Instance considerable improvements In 
fuel efficiency. Fuel consumption standards could be made more 
effective and deadlines for their Implementation can be 
accelerated by fiscal incentives. 
172. However, in view of the expected growth In the car fleets and 
therefore traffic, technical norms targeted towards reducing 
co2 emissions wi 11 not suff Ice by themselves or In conjunct Ion 
with fiscal measures. For example, calculations for C02 show 
that even with a 40% Increase in fuel eff lclency in passenger 
cars by the year 2005, stabl I isatlon of co2 would not be 
achieved by 2010. As regards other pollutants, such measures may 
also prove to be only a partial solution. 
173. This is mainly due to the fact that the Initial benefits of 
energy efficiency Improvements will not be sufficient to 
compensate for the projected growth In the fleet. The technical 
and f I sea I measures w I I I the ref ore need to be accompan I ed by 
complementary measures addressing the demand for transport, 
particularly that currently satisfied by the private car. These 
measures will also help to tackle problems of congestion. 
congestion 
174. Optimal use of spare capacity In the less encumbered sectors, as 
mentioned In chapter IV.2.b, wl II be essential In order to reduce 
the pressure In the most encumbered sectors. In addition, In the 
road sector, transport authorities will need to take action In 
order to deal more speciflcal ly with the congestion caused by the 
use of the private car. Such action should be twofold In order to 
be fully effective. It will r·equlre promotion of collective and 
envlronmentaly friendly transport and at the same time the 
dissuasion of private car use. 
-62 -
Promotion of collective and environmental Iv friendlv transport 
175. Promotion of collective transport is a vital component of efforts 
to integrate environmental objectives Into transport policy 
especially with regard to Improving the urban environment. 
Public and private Investment wl I I be essential to promote 
col lectlve transport as an alternative to the private car. 
Collective transport systems which offer a high quality servlce,­
trafflc management schemes which provide easy passage and 
enhanced accessibility for collective transport as well as 
attractive pricing and payment technologies should encourage the 
user to opt for collective transport, particularly for urban and 
Inter-urban Journeys and more specifically during certain periods 
of the day and certain times of the week and year. This shift can 
be made easier by a proper I Ink-up of the different stages of a 
Journey : from point of departure (home/office) to metro/bus stop 
to train station/airport to metro/bus stop to final destination. 
Such pol Icy Instruments could be supplemented by publ le 
Information Initiatives, providing the user with information, If 
possible, on line, about available services, fares, frequencies 
and special facl I I ties as wel I as by guaranteeing frequent, 
reliable and rapid services. 
176. Action to promote the use of envlronmentaly friendly forms of 
transport such as the bicycle and the electric car can also make 
a useful contribution. 
177. The role of national and more speclflcal ly local authorities wl II 
be Important In the use of these Instruments In order to promote 
collective and envlronmentaly friendly transport, whereas the 
Community's role wl 11 be more I imlted. Community action Is 
nevertheless Justified In such areas as Introducing the Citizens' 
Network and the Quality Charter as well as R&D Into the 
development and use of Innovative technologies, such as the 
electric car, telematlcs and telecommunications. The Community 
contribution might also Include clarlflcatlon of the scope for 
aids for urban collective transport, bearing in mind the limited 
effect of such aids on trade between Member States and the social 
benefits derived from the wider use of environment-friendly forms 
of urban transport. The Community could further provide the 
framework for the use of tax incentives which make environment­
fr lendly transport solutions more attract lve. Employers and/or 
employees could, for Instance, be given tax relief for collective 
transport fares. Such Incentives could be recovered through 
fiscal deterrents and charges Introduced to discourage use of the 
private car In sensitive areas. 
(38) -63 -
Discouragement of private car use 
178. The behaviour of the private car owner will be essential In 
reducing congestion. While leaving the owner the ultimate 
freedom of choice, it may nevertheless be useful to dissuade 
him/her from making Inefficient use of his/her motor vehicle. The 
pol Icy Instruments aval lable for this purpose particularly In 
certain circumstances such as at peak times during the week and 
for intra-city Journeys, include traffic demand management 
schemes which reduce accesslblllty to the most congested areas at 
peak times for motor vehicles, such as parking policies, 
congestion pricing and use of traffic lanes for high occupancy 
vehicles only. 
179. High occupancy rates are essential to the management of road 
traffic volume. Increasing the occupancy rate of passenger cars 
wl 11 require a more environmentally conscious approach to Its 
use. Information campaigns to promote car pools and other 
slml lar arrangements based on a change of attitude towards the 
private car constitute the first step. Such approaches could be 
reinforced by the Introduction of economic measures, for example, 
a progressive environmental charge on the annual mileage of 
private cars. 
180. These measures are not primarily the Community's responsibility 
but a common framework and guide I i nes for the use of econom I c 
instruments could contribute to their effectiveness while 
Convnunlty Involvement may be Justified to ensure the 
compatlblllty of technical systems used for traffic management. 
These wl I I In any event be kept under review as Indicated at the 
end of chapter IV.2.b. 
Land-use 
181. Although, land-use and spatial planning are primarily a national 
and/or loca I matter, there Is a Commun I ty d lmens Ion. Th Is was 
examined In the Commission's report "Europe 2000" the outlook for 
the development of the Commun I ty 's terr I toryC38) and wl 11 be 
further considered In the fol low-up work to that report. At the 
national level, urban and industrial planning as wel I as regional 
development can contribute to changes In travel patterns and thus 
reduce pressure points. Local authorities can also contribute by 
ant I c i pat Ing poss I b I e areas of conf 11 et arising from transport 
development prospects, thus, making It possible to take 
preventive action In the form of land-use rules, for example, In 
the case of airport development. 
Europe 2000 -Outlook for the development of the Carmunlty'a territory 
-64 -
Environmental Impact assessment 
182. Improvement of the environmental eff lclency of transport 
Infrastructure requires careful assessment of the environmental 
Impact at the planning stage of transport Infrastructure, 
according to common criteria, with the posslblllty of alternative 
options. When assessing such options transparency of the 
methodology used for the cost-benefit analysis, Including 
external costs and benefits, of Infrastructure Investment for the 
different transport modes would allow for a better comparison of 
the different Infrastructure opt Ions pr lor to Investment 
decisions. A standard methodology of this kind would provide a 
useful tool In assessing the external costs and benefits of a 
particular project In the context of the development of trans­
European networks. It would also encourage the responsible 
authorities to adopt more convergent approaches. 
183. Complementarity between transport modes will be given effect by 
Interconnect Ion and I nteroperab 111 ty of the d I fferent 
Infrastructure networks which In turn wl 11 contribute to the 
environment-efficiency of the overal I transport system. 
Dangerous goods 
184. The environmental performance of transport will be further 
enhanced by the safer carriage of dangerous goods. Strict 
Convnunlty requirements for such transport will reduce the risks 
Inherent to such transport. As out I lned In chapter IV.2.d on 
transport safety, general transport safety measures, particularly 
In the mar It lme and road sectors, w i I I , however, need to be 
supplemented by Convnunlty Initiatives geared specifically towards 
the potential harmful effects of dangerous substances In the case 
of accidental discharge. However, the organisation of rapid and 
efficient Intervention In the case of accidents wlll necessarily 
continue to be done by national and local authorities. 
-65 -
IV.2.e TRANSPORT SAFETY FOR THE PROTECTION OF 
USER AND NON-USER ALIKE 
IV.2.e.1 GENERAL 
185. The safety of transport, In the Interests of user and non-user 
a 11 ke, Is a major concern of those respons Ible for transport 
policy in the Community. Unsafe transport can have catastrophic 
effects and, despite improvements in safety standards in many 
areas, the scale of the damage caused by unsafe transport is 
sti II very great. 
186. The completion of the internal market in transport, together with 
the continuing Integration of the economies of the Member States, 
necessarl ly ental Is Increased transport movements across 
front lers and wl th In Member States other than the country of 
origin of the transport operator. The need for appropriate 
Commun I ty act Ion on safety Is thus under 11 ned and, for th Is 
reason no doubt, the Union Treaty contains a modification of the 
transport chapter In Article 75 to make expl lclt for the first 
time that the CTP should include "measures to improve transport 
safety". Safety requirements may fall in any case within the 
area of the Community's exclusive powers, for example, because 
they affect the free circulation of vehicles or transport 
services. Where they do not fall within that area, the 
application of the subsidiarity principle may lead to the 
conclusion that action Is best taken at other levels. But the 
amendment of Article 75 now makes It quite clear that, even In 
the absence of an exclusive power, transport safety Is a matter 
which should be addressed by the Community when It Is In a 
position to act usefully. 
187. The main areas of concern in the field of transport safety relate 
to ace I dents on the road, at sea and In the a I r and, for a 11 
transport modes, to the movement of dangerous goods. 
IV.2.e.2 ROAD SAFETY: THE CURRENT SITUATION 
188. Each year, accidents are the cause of about 50.000 deaths and 
more than a ml I I Ion and a half lnjur les on the roads of the 
Community. Since the Treaty was signed, almost two mi I lion 
people have been kl I led in the twelve countr les which are now 
Community Members and almost forty ml I I Ion Injured. But road 
accidents do not only have cdramatlc consequences In human terms; 
the economic cost Is also substantial. For the Community, these 
I osses can be va I ued at about 70 thousand m I I I I on ECUS a year 
from estimates that, according to the method used, range between 
45 and 90 thousand mllllon ECUS. 
-66 -
189. At the Community level, the principal actions taken so far In the 
area of road safety have been concerned with the harmonisation 
of rules relating to vehicle construction, through the adoption 
of over 100 d I rect Ives; max I mum dr I ver • s hours; m In imum tyre 
tread depth for private cars; the periodic Inspection of vehicles 
including harmonised standards for the testing of brakes; the 
general standards for obtaining a Community model driving 
licence; and the mandatory wearing of seat belts including the 
restraining of children and speed I imiters for heavy vehicles. 
In add It ion, two Important draft direct Ives are on the Counc 11 
table : harmonisation of speed I imits for commercial vehicles and 
maximum permitted blood alcohol concentration. 
190. Nevertheless, even with the advances that have been made In 
technical and behavioural standards, the road safety record of 
Member States varies significantly. 
The fatal accident rate (expressed per kl tometre of travel) 
differs more than sevenfold as between the most advanced Member 
States and those with the worst figures. Moreover, the trend 
also varies considerably with some States improving their 
position much better than others while in a few the situation is 
actually deteriorating. Using the same basis of measurement, the 
average risk: on Community roads Is nearly twice that in the 
United States : If it were possible to attain the US level more 
than 20,000 deaths every year could be avoided. The scope for 
Improvement Is clearly considerable. 
191. The reasons for the differences in road safety I le in the 
measures taken to enforce Community and nat Iona I road safety 
legislation, the degree and effectiveness of national legislation 
and the part i cu I ar soc i a I, geograph i ea I, demograph I c and 
infrastructural pecul laritles that exist between and within 
Member States. Of particular relevance, but difficult to 
quantify, Is the variance in general behavioural characteristics. 
All of these factors have an impact on the type of measure that 
should be envisaged at Community level. 
Scope for action and the Community programme 
192. A Community programme on road safety wl 11 be presented which 
proposes an integrated approach based on qualitative targets and 
the identification of priorities. The process of harmonisation 
by means of legislation and the development and application of 
common research projects continue to be the main types of 
Community act I on wh i eh w i I I cover three main areas : users· 
behaviour, vehicles and infrastructure. 
Users 
{39) 193. Human behaviour Is the major factor contributing to road 
ace i dents, accord Ing to some est I mates in as many as 90% of 
casesC39). The Community programme must therefore address 
these issues white recognizing that since human behaviour 
necessarily reflects Its social and cultural context, an 
approach should be adopted which takes account of present 
divergences In their regard. 
Report of the High Level Group of E>eperta on a European Rood Safety Polley, (Gerondeou Report), 
February 1991, p.24. 
-67 -
194. It follows that In the field of legislation, the programme should 
concentrate on aspects of the problem where action at Community 
level can make an effective contribution. Measures have already 
been taken on dr Iv Ing 11 cences and use of safety be Its, and 
proposed concerning speed I lmits for heavy vehicles and blood 
alcohol I lmlts. To complement these, consideration should 
accordingly be given to basic rules of the road and road signs; 
the Improvement of the Community model driving licence from the 
enforcement point of view; and measures to protect particularly 
vulnerable road users. 
195. outside the legislative field, the Commission can also play a 
useful role, In conformity with the subsidiarity principle, In 
providing In-put and support for education, Including road safety 
education in schools, training of professionals and publ le 
awareness campaigns. Such activities are primarily the 
respons I b 111 ty of others, but Commun I ty support, part I cu I ar I y 
through the compiling and presentation of relevant information 
based on experiences gained throughout the Community, would add 
considerable value to them at a lower cost than uncoordinated 
individual efforts could achieve. In addition, research and 
development actions in the application of telematics are 
demonstrating the potential of these tools for tutoring and 
assistance. 
196. The objective of promoting so-called "calm driving" is a general 
target which can be reached In part by such measures and also by 
combining them with measures concerning vehicles and 
Infrastructure. 
Vehtcles 
197. There are some 50 basic directives harmonising requirements for 
vehicle characteristics, most of which cover Issues relating to 
vehicle safety. The Community has now realised the definition 
of a European Whole Vehicle type approval standard for passenger 
cars ensuring that the legislative standards for cars In the 
Community are the same In all Member States. Once achieved, the 
next task is to harmonise standards for other road veh i c I es, 
notably lorries, buses and trailers. 
198. Adoption of Community directives has made a major contribution to 
the Improvement of the safety and env i ronmenta I performance of 
vehicles. In the light of continuing research and technical 
progress, the ex I st Ing d I rect Ives w I I I need to be adapted and 
complemented. Emphasis should be placed on vehicle 
crashworthlness in association with the use of lightweight 
structures. Safety should not be prejudiced by the move towards 
smaller, I ighter, more fuel efficient cars. 
199. 
200. 
201. -68 -
Roadworthiness testing will ensure that the vehicle is as safe as 
cost-effective technology will allow. Periodic Inspection will 
guarantee that vehicles are adequately maintained to comply with 
safety standards. DI rect Ives are current I y In force for 
commercial vehicles and most Member States have schemes for 
passenger cars. However, period I c testing for passenger cars 
will not commence for certain Member States until 1998. It will 
be necessary to def lne the performance of vehicles In service. 
Test Ing standards are a I ready on the tab I e of the Counc I I for 
brakes and emission testing. These Directives should be adapted 
and complemented over time to take account of new technology. 
A particularly Interesting Issue with regard to new technologies 
and telematlcs Is the current DRIVE research programme 
concentrating on vehicle and traffic management. The objective of 
the progranvne is the Improvement of road safety, transport 
efficiency and environmental quality. Future results of on-going 
DRIVE projects (Phase II) will equally contribute to the 
Community's Integrated programme on road safety. The results of 
this and other research projects can then be used as the basis 
for appropriate new Initiatives both on construction standards 
and on the development of a safer road network, as discussed 
further below. 
construction and 
they do important 
of vehicles, are 
level and Indeed Technical standards applying to the 
roadworth I ness of veh I c I es, hav Ing as 
lmpl icat ions for the free circulation 
particularly suited to action at Community 
constitute one of Its core functions. 
Infrastructure 
202. Road networks play an Important role In road safety, as part of 
the total traffic system; improving the Quality and capacity of 
road networks const I tutes one of the most effect I ve and long­
last Ing exercises In safety Improvement. The development of 
guidelines for the trans-European road network provides the 
context In which complementary measures can be envisaged 
concerning the planning, design, construction and maintenance of 
roads constituting the network and their associated facilities. 
Techn i ea I standards on road signs and s i gna Is shou Id form an 
Important part of this activity. 
203. In parallel, a coordination role could be played by the Community 
on a non-leglslat lve basis by means of an exchange of know-how 
and experience or by means of recommendations (technical 
"reference documents"). 
204. To the extent that the Community, in the context of the 
development of trans-European networks, supports the development 
and modern I sat Ion of the road system, It Is who 11 y appropr I ate 
that It gives full attention to the measures needed to reduce the 
ace I dents on the network wh I eh at present constitute such a 
terrible toll In both human and economic terms. 
-69 -
IV.2.e.3 MARITIME SAFETY: THE CURRENT SITUATION 
205. Most of the goods transported to and from the Community are 
transported by sea in ships f I y Ing the f I ags both of Member 
States and third countries. Transport by sea is indeed a global 
business and maritime safety accordingly raises Issues having 
worldwide Implications. 
206. Every year sh I ps cont I nue to be I nvo I ved In ace I dents, many of 
them serious. Since 1986, on average, 230 ships, or 1.1 mill Ion 
gross tons, have been lost every year, Involving an annual 
average loss of more than a thousand lives. The highest 
percentage of accidents involve general cargo (46%), fishing 
vessels (26%), bulk carriers (6%) and tankers (5%). A limited 
number of accidents to passenger ships In recent years, because 
of their dramatic nature, has contributed to growing public 
concern about the Issue. Moreover, there are Indications that 
the situation could deteriorate In the near future. 
Approximately 35% of all bulk carriers sunk In the last 15 years 
were lost In the last two years, 74% of all tonnage lost In 1991 
was more than 15 years old, while the world fleet as a whole Is 
ageing and many flags with relatively good safety records, 
including several Community flags, are losing vessels to other 
registers with poorer records. 
207. Directly related to ships' safety is the issue of pollution of 
the sea whether through operational or accidental pollution or 
deliberate violation of international r'lles. While the total 
amount of oil entering the marine environment has been decreasing 
over the I ast two decades, It Is st i I I cons I der at)-1 e and much 
higher in the Mediterranean than In other Community waters. 
208. Indeed It Is striking that despite the existence of International 
conventions designed to establish a universal safety regime for 
the world's fleets, wide variations exist in the safety levels 
actually achieved. The loss ratio of the fleet with the worst 
record is 114 t Imes the best. Even with In the Community the 
worst level Is 50 times the best. Statistics derived from port 
State controls show a ratio of deficiencies over Inspections of 
almost 79% for the worst flag compared with 12% for the best. 
Community Member States have ratios ranging from 52% to 12%. 
-70 -
209. Most of the ru I es and requ I rements for sea-go Ing vesse Is are 
negotiated in the International Maritime Organisation CIMO), a 
spec I a I I sed agency of the United Nat ions, of wh i eh a 11 Member 
States are members. The international framework developed by the 
IMO is of fundamental importance to maritime safety and, given 
the global character of the shipping industry, must remain so. 
At the same time, it is clear that the Community has an important 
role to play both within and in support of the IMO to ensure that 
ships trading in Community waters respect common standards 
providing the effective guarantees of safe operation required by 
its geographical condition and the demands of Its citizens. Such 
Community action is fully Justified since It Is clear, as shown 
by the data referred to above, that in Its absence, adequate 
common standards are not being observed in practice. Also the 
I MO requirements do not app I y to passenger vesse Is on na t Iona I 
voyages. The I iberal isat ion of cabotage, opening domest le 
trades to sh I ps from other Member States, thus emphas I ses the 
need for appropriate initiatives which must of course also 
respect the roles of other authorities, International, national 
and loca I. 
The Community's programme general principles 
210. In order to ensure that Community actions in the field of 
maritime safety form a coherent and effective ensemble, an 
approach Is being developed based on three basic principles. 
211. FI rst, requ I rements shou Id to the maximum extent poss I b I e be 
worldwide In their application. The IMO should therefore 
continue to play it pre-eminent role In the development and 
adaptation to technical progress of International agreements that 
will provide the necessary guarantees. In exceptional cases, 
higher standards for particular regions may be Justified but the 
general objective should be International standards guaranteeing 
high levels of safety throughout the world and at the same time 
avoiding distortions of the conditions for competition between 
shipping companies. 
212. Second, for the most part, the existing international agreements 
constitute a satisfactory framework, the main problem being the 
Inadequate and uneven application and enforcement by States of 
the rules that have been agreed. Such divergences not only have 
an adverse effect on safety, they can fragment the Internal 
market for the maritime supply Industry. Accordingly, the 
Community can make an important contribution by developing common 
approaches to the implementation of IMO rules and to their proper 
enforcement in relation to all ships In Community waters. 
213. Third, a proper balance is needed between the roles and 
responsibilities of flag and coastal states. While the flag 
State has the primary responsibility for ensuring that its ships 
comply with International standards, both port and coastal States 
must accept their responsibility for ensuring that respect for 
those standards Is effectively control led. In the absence of 
effective port State controls, given the global nature of the 
industry, international standards wl I I inevitably tend to be 
better respected on paper than on the high seas. 
-71 -
214. The application of these principles leads to a Community 
programme consisting of four main types of Initiative : action to 
ensure convergent Implementation of IMO standards; reinforcement 
of port State control ; the development of the modern 
Infrastructure necessary to ensure that maritime safety enters 
the electronic age; and standard setting, primarily In the IMO. 
The work of the Maritime Industries Forum has confirmed in its 
final report the deslrabi I ity of action of this kind. 
Convergent implementation of international standards 
215. Action by the Community to ensure convergent implementation of 
IMO standards by Member States can be taken in a number of 
ways, for example, by ensuring that all Member States adhere to 
IMO conventions, by giving legally binding effect to 
International rules that are not mandatory or by Community 
directives adopting common Interpretations of rules that are 
framed as general principles. Where necessary, these could 
provide for the development of additional European technical 
standards. These and other techniques should permit present 
divergences In safety levels to be reduced within acceptable 
I imi ts. 
216. In addition, the International standards could also be extended, 
as required, to vessels fal I Ing outside the scope of the 
International conventions, for example, passenger vessels on 
national voyages or cargo vessels below the IMO thresholds. This 
would ensure that the same safety requirements will apply 
throughout the Internal market. 
Port State Control 
217. The reinforcement of port State controls, for example, through 
the establ lshment of harmonised criteria for priority Inspections 
and detention, is essential if sub-standard ships are to be 
eliminated from Community waters. Action within the framework of 
the Memorandum of Understanding on Port State Control to which a 
number of European third countries are parties, Including within 
Its Committee, could permit such measures to be given broader 
European appl lcation. 
Infrastructure 
218. Finally, Community action to develop Vessel Traffic Management 
(VTM) using advanced technologies on shore and on ship as part of 
the Community's trans-European networks wl I I enable maritime 
safety In Europe to take full advantage of the posslbllltles of 
the electronic age and thereby achieve Improvements which would 
be hard to real lze In any other way. 
219. The act Ion programme Includes measures In each of these main 
areas of act Iv I ty as exp I a I ned In Chapter V. A more deta I I ed 
presentat Ion and exp I anat ion of a 11 the measures under 
consideration wi 11 be contained In a specific communication on 
Maritime Safety and Pollution Prevention to be presented In the 
near future. 
{40) -72 -
Standard setting 
220. Given that IM0 is the body responsible for setting standards on 
maritime safety at international level, It fol lows that the 
Community needs to ensure that the IM0's work develops in a way 
which will produce adequate solutions for ships sailing In Its 
waters. Action is needed so that coordinated positions can be 
taken favour Ing the adopt Ion of necessary new rules and the 
modification of old ones. Procedures will have to be developed 
which wl 11 al low the Community to act effectively to this end 
while respecting the IM0's methods of working and the technical 
character of much of its activity, as wel I as minimising possible 
negative reactions to the development of a regional voice within 
the organisation. In this context, one of the areas on which the 
Community should concentrate Its efforts Is measures to reduce 
the risk of human error since this element has been recognized as 
the major cause of maritime accidents. 
221. Standard setting by the Community itself wi 11 be I lmlted to 
exceptional cases where efforts within the IM0 have failed to 
produce a solution meeting the Community's particular needs and 
where act Ion is imperative to guarantee an adequate I eve I of 
safety In European waters. 
IV.2.e.4 CIVIL AVIATION: SAFE BUT PERFECTIBLE 
222. Clvi I aviation Is recognised as a very safe mode of transport. 
Although there Is no entirely satisfactory index to measure the 
absolute safety of aircraft operations, the number of fatal 
accidents and the number of fatalities give a useful Indication 
of the general safety level. Fortunately, there is a very 
limited number of accidents in the commercial operation of clvl I 
air transport aircraft and therefore, Individual annual figures 
are to a cert a In extent mean Ing I ess because one major ace I dent 
would seriously Influence the yearly result. For this reason, It 
is better to consider the yearly average in the last decade which 
is 37 accidents account Ing for 1022 fatal It les wor ldwlde(40). 
This figure has to be compared with the more than 1 billion 
passengers a year carried by the airlines of the world. 
223. In addition, the level of safety varies considerably In different 
parts of the wor Id. Europe has a very good record In this 
field, being Involved in only about 10% of fatal accidents 
although It accounts for approximately 34% of world air traffic. 
In the Community alone, there were 22 civil air transport fatal 
accidents between 1980 and 1990, an average of 2 accidents a year 
compared with the world average of 37. 
Source, World Al rl lne Accident Sunnary publ lahed annually by the Uiited Klngdan Civi I Aviation 
Authority. · 
41 
42 
43 
(44) 
(45) 
(46) -73 -
224. However, the Industry has expressed concern that safety levels in 
commercial aviation, which unti I now have been constantly 
Improving, are beginning to plateau. This could mean that the 
number of accidents could start to increase proportionally to the 
Increase of traffic. It wl II therefore be necessary to explore 
new avenues perm It t Ing the ach I evement of substant I a I progress 
without unduly increasing burdens on operators, human factors 
being imp I icated in one way or another In about 80% of air 
accidents. In addition, Increased congestion on the ground and 
In the air means that the space to spare over the safety margins 
built Into the system Is reducing and could disappear. Safety 
will of course remain the first priority of the ATM/ATC system 
but, If nothing Is done, this will be ensured at the expense of 
the smoothness and efficiency of operations. 
225. Civi I aviat Ion also Includes general aviat Ion and aerial work 
which comprises such activities as training, pleasure flying, 
business aircraft operations, aerial photography, crop spraying, 
medical evacuation and so on. However, these activities are far 
less developed In Europe than in some other regions of the world. 
For this reason and due to their diversity, it Is very difficult 
to obtain reliable statistics and therefore to obtain a correct 
picture of the safety level of such aviation activity In Europe. 
As such activity increases, which it probably wi 11, It wl 11 be 
necessary to ensure that its imp I ications for aviation safety are 
properly evaluated and, if necessary, anticipated. 
The Community's contribution to air safety 
226. At the Community level, a number of measures In the field of air 
safety have a I ready been adopted. They are in the f I e Ids of 
accident lnvestlgation< 41>, mutual recognition of crew 
licences< 42>, and technical harmonlsationC43). There is also a 
proposal from the Commission in the field of ATM(44) which has 
been transmitted to the Counci I and a number of measures 
concerning accident Investigations and incidents reporting have 
already been announced in a Communication from the 
Cornmission< 45>. In addition to those specific safety measures, 
other Community legislation wil I also indirectly have beneficial 
effects on safety, for ex amp I e, the I i cens Ing of air carriers, 
as provided for in the third package of llberalisationC46), is 
dependent upon the possession of an Air Operator Certificate the 
criteria for which ensure that operators meet certain safety 
standards. 
227. Advances In technology will lead to the integration of airborne 
pi lot systems and ground air traffic control into a single 
system structure. This wi II progressively utl Ilse advanced 
sate 111 te dependent commun I cat Ion, nav I gat Ion and surve 111 ance 
capabilities. The introduction of this approach on a global 
scale sponsored by the International Civi I Aviation Organisation 
Counc I Directive 80/1266/EEC of 16.12.80 -OJ L 375, 31.12.80, p.32. 
Council Directive 91/670/EEC of 16.12.91 -OJ L 373, 31.12.91, p.21. 
Council Regulation (EEC) N•3922/91 of 16.12.91, OJ N•L 373, 31.12.91, P.4. 
Proposal for a Council Directive on the definition md use of CCJ'l1)atible technical md operating 
specif I cations for the procurement of al r traffic management md systems -<XM(92)342 final. 
22.12.92. 
Cannisslon Cannunicatlon to the Council on Cannunity initiatives concerning air transport 
incidents and accidents -SEC(91)1419 final, 4.9.91. 
Council Regulation (EEC) N•2407/92 of 23.7.92 -OJ L 240, 24.8.92, p.1. 
-74 -
will begin to affect Community air traffic management and 
industrial strategies in the immediate future. The operational 
changes could begin to be effective during the second half of 
this decade. A Community response to this challenge has yet to 
be determined. Changes are necessary to ensure that safety 
levels do not deteriorate as the number of flights increase. The 
need for more aval lable capacity wl 11 only be met by higher 
precision semi-automated air traffic control methods In areas of 
high traffic movements together with a re-organisation of the air 
space routing systems. 
228. Future Community action In the field of air safety will be based 
on the work already achieved and on the perceived needs created 
by the political and technical evolution of this sector. The 
Convnunlty should accordingly act to real lze its safety objectives 
within the general International context of clvll aviation and 
the work of the relevant International organisations such as the 
lnternat ional Clvl I Aviation Organisation ( ICAO), the European 
Civil Aviation Conference (ECAC), the Joint Aviation Authorities 
(JAA) and Eurocontrol. In the I ight of the basic pr lnclples 
establ lshed by the ICAO, Community action should permit the 
application throughout Europe of the strictest standards 
reflecting the Community's level of technological progress. It 
will be focused on measures which add value to actions at both 
national and International level primarily in the fields of 
personnel I lcensing, technical harmonisation, air traffic 
management and control, reporting on accidents and incidents, 
research and development as well as analysis of the long term 
challenges to air safety. 
Licences 
229. The Directive of December 1991 on mutual recognition applied only 
to cockpit personnel. However, given Important differences In 
national requirements, some of which do not meet ICAO 
reconvnendations, there is a need to arrive as soon as possible at 
common requirements for the gr ant Ing of cockp It crew 11 cences. 
Only these can provide the guarantee that the qualifications of 
the personne I w 11 I cont I nue to meet acceptab I e standards. In 
addition, attention should be given to the posslbll itles to 
extend the system to other categories of personnel, for example, 
ground engineers and air traffic controllers. 
230. The efficient management of common licensing requirements would 
be facilitated by the setting up of a support infrastructure 
Including Community central data bases containing a wide choice 
of examination questions submitted by Member States, medical 
lnformat Ion on I lcence holders and pert lnent data for I lcensed 
Individuals such as type of I icence, ratings, val ldlty, and so 
on. Conslderat Ion wl 11 be given to the development of such 
systems. 
-75 -
Technical harmonisation 
231. The work already begun by the Counci I Regulation of December 1991 
will have to be pursued. Further regulations to to take account 
as appropriate of new requirements developed by the JAA will be 
submitted to the Council for adoption. 
Air traffic control 
232. As explained further in Chapter V the objective of the Commission 
is to contribute to the development of a single unified system 
for air traffic management In Europe in association with 
Eurocontrol, ECAC and national authorities. Such a system will 
form a fundamental part of the Community's approach to aviation 
safety. 
Accidents and incidents 
233. In its Communication to the Counci I of September 1991, the 
Commission expressed Its opinion that a sensible air safety 
policy should be based on the early detect ion of weaknesses, 
needs and trends concerning the aviation system. The I imlted 
amount of data (accidents and incidents) aval lable In each Member 
State do not al low such an early detection while large worldwide 
data bases pose problems of management and correct interpretation 
of data, in particular, they tend not to give adequate 
Information about regional situations. 
234. For this reason, Community initiatives In this field could be 
particularly beneficial and efficient and the Communication 
contains a work programme addressing three items: mandatory 
incident report i ng systems, conf i dent i a I report i ng systems and 
accident investigations. 
235. The aim of the first item is to improve air safety by bringing 
together the knowledge derived from the collection of 
incompatible occurrence reporting systems existing In a number of 
Member States by the setting up of a centra I data base. The 
specification developed for this data base could also be used to 
set up harmonised national reporting systems in the Member States 
having presently no such system. Each Member State would 
therefore have access to a large source of valuable safety data. 
Connon analysis would permit deeper study of incident causes. The 
Joint Research Centre of the Community has started to work on a 
pi lot project which should be finished In 1994. 
236. The setting up of a confidential reporting system is considered 
by many safety experts as one of the most important steps to 
Improve the knowledge of human factors in aviation. As most of 
the accidents are human factor related, this Initiative is 
potentially very promising. The real isatlon of a prototype system 
launched In September 1992 should last between 24 and 30 months 
before final evaluation. 
-76 -
237. With regard to accident Investigations, It will be necessary to 
take a series of measures to guarantee the avallabll lty of 
adequate investigation organisations In each Member State and 
ensure that they work effectively together. In this way, without 
excessive centralisation, machinery can be developed which Is at 
once of high qual lty and more cost effective than national 
authorities could achieve on their own. The objectives would be 
to adapt the existing national regulations taking Into account 
the proposed modifications to ICAO Annex 13 to the Chicago 
Convent Ion; ensure the ava I I ab 111 ty of a bas I c ace I dent 
Investigation structure In each Member State; reinforce the 
national Investigation bodies, establ lsh closer contacts between 
members of these bodies; provide the framework to allow Improved 
cooperation, promote Joint training of investigators; study the 
possible creation of an air disaster fund; and Improve the 
dissemination of Information. 
238. Consultations with national experts have already started on a 
draft directive setting up the fundamental principles governing 
aircraft accident Investigations. The five basic principles 
contained In this project are: mandatory Investigation of 
aircraft accidents and serious Incidents; status of the technical 
Invest lgat Ion sufficient to al low its unhampered real I sat Ion; 
permanent and independent investigation body; publication of a 
report conta In Ing recommendat Ions for correct I ve measures; and 
follow-up of the Implementation of those recommendations. 
Research 
239. Research Is also an Important aspect of an air safety pol Icy. 
Current activities Include the EURET, ATLAS, FANSTIC and GAAS 
projects In the field of ATC. There may also be a need from time 
to t lme for add It Iona I research In other areas, one of those 
being human factors where significant safety benefits could be 
obtained. The correct interpretation and analysis of safety data 
would also require to study the development of indices for safety 
· measurement and risk evaluation. Similarly, the statistical 
categorisation of aircraft operations and good data gathering 
would also be useful to help improve research material. 
Preparing the longer term future 
240. The rapid political and technical evolution of civil aviation 
obl lges us to look ahead to f Ind out what would be the future 
challenges for air safety. A number of questions already appear 
which should be addressed without delay. The fol lowing I ist Is 
not at a 11 exhaust I ve but cou Id constitute a good start for a 
Community think tank on civil aviation safety. What will be the 
consequences of the evolution of c Iv i I av I at ion wor _I dwl de to a 
multilateral system for the responsibi I I ties of the aviation 
authorities? How do we share the responslbl I I ties when an 
accident happens to a leased aircraft If the States of registry, 
of the owner and of the operator are different? What Influence 
(47) -77 -
will the seventh freedom have on operational control? ~ow shall 
we cope with measures to reduce congestion (reduction of 
horizontal or vertical spacing, use of parallel or convergent 
runways) ? What influence will Increasing automation have on 
human behaviour? 
IV.2.e.5 TRANSPORT OF DANGEROUS GOODS BY ALL MODES 
241. Recent years have seen a significant Increase In the volume and 
range of dangerous goods transported by a 11 modes. At a time 
when public opinion Is increasingly aware of the Impact of 
accidents caused by the transport of dangerous goods on both man 
and the env I ronment, great efforts need to be made, to dev I se 
measures to avoid accidents or at least contain their Impact. 
Safety standards 
242. At the International level, transport of dangerous goods Is 
regulated by International conventions and agreements developed 
under the auspices of international organisations which draw on 
sources of considerable experience and expertise in this field. 
These have been successful In providing solutions to many 
problems, solutions which have the added merit of broad 
International acceptanceC47). 
243. However, in recent years, public concern over the safe transport 
of dangerous goods has led to the conception of various Convnunlty 
measures to reduce r I sks inherent in this type of transport, 
Irrespective of modal choice. The overall aim Is the transport of 
dangerous goods under the safest possible condlt Ions. Without 
prejudice to the role of the International organisations 
responsible for the agreements, the Commission began initiating 
Convnunlty action to support and supplement the existing 
international legislation, whl 1st at the same time avoiding 
dupl lcatlon of work. These efforts, were aimed at deal Ing with 
lack of transparency, Inadequacy of certain provisions In the 
Convnun I ty context and frequent recourse to d I verg Ing nat Iona I 
safety standards. 
244. Community action has been based on four essential principles: 
the adoption at the Community level of measures aimed at plugging 
the gaps in existing international regulations; 
the legal enforcement of the International regulations at 
national level to achieve genuinely harmonised standards; 
l.NITED M\TIOO, New York, USA : l.N 'Uilted Nations Recarmendatlona on the Trantport of Dangerous 
Goods" 1957 (aa anended): 
l.NITED N\TICHS Econanlc Cannlaalon for Europe, Geneva, S'wl tzerlmd : ACR "Eurq,ean Agreement 
concerning the International Transport of Dangerous Good• by Road" 1959 (aa anended): 
Central Off Ice for International Ral I Tranaport (cx:TI), Berne, SIi tzerla,d : RID Annex 1 to Appendix 
8 of CX>TIF, Annex 1 of CIM "Regulation• concerning the International Carriage of Dangerous Good• by 
Ra 11 " ( aa anended) : 
International Clvl I Aviation Organisation, Montreal, Canada : IC.AO TI•• "Technical Instruction• for 
the Safe Transport of Dangerous Gooda by Air" (aa anended): 
International Maritime Organisation, London, Engla,d : IM>S "International Maritime Dangerous Good• 
Code" (aa anended); 
International Atanlc Energy Agency, Vienna, Austria : ~ "Regulations for the Safe Tranaport of 
Radioactive Material, Safety Serl ea 611 1985 Edl tlon (aa anended): 
Central Rhine Cannlaalon, Strasbourg, France ·:. AOt-R "Eurq,ean Agreement concerning the International 
Tranaport of Dangerous Gooda on the Rhine Inland Waterway" (aa anended). 
-78 -
avoiding barriers to trade created by divergent national 
technical standards; 
ensuring leglslatlon coherent with other Community pollcles, for 
example, environment protection, such as the safe containment of 
genetically modified organisms. 
On this basis, measures have been adopted or proposed on topics 
as varied as training of personnel, technical standards and the 
monitoring and supervision of movements of dangerous goods. 
Future action 
245. In the future, the Community shou Id contr I bute to the work of 
responsible international organisations in the field and, at the 
same time, continue to support and supplement their efforts 
through the adoption of measures addressing Its particular needs 
and circumstances. 
Harmonisation 
246. At present, desp I te the measures adopted at I nterna t Iona I and 
Community levels, rules covering the transport of dangerous goods 
are far from being uniform. lnternat ional rules are applicable 
to international transport operations. Whl le In some cases 
States apply them to domestic movements, in others they do not. 
Under the cabotage freedoms being realised under the 1992 
programme, transport of dangerous goods undertaken by non­
resident operators will be subject to provisions governing 
dangerous goods In the host State. These may d I ffer In some 
respects from the provisions applicable both to domestic 
operations In the home State and to operations under 
International rules. Accordingly It would appear desirable to 
ensure that In future rules for domestic operations are aligned 
with those applicable to international ones. 
247. Action is also necessary to harmonize certain requirements which 
differ depending on the mode of transport being used without 
there being any rea I Just if i cat Ion for the d I fferences. 
Harmonisation of rules applying to the classlflcatlon, label I Ing 
and packaging of dangerous substances across the transport modes 
will not only simplify the life of those concerned but make a 
significant contribution to the efficiency of intermodal 
transport. 
248. Additional harmonisation measures will also be needed In the 
fields of training and environment protection and common 
specifications of the technical systems needed for the location 
and fol low-up of dangerous loads. 
-79 -
Llablllty 
249. The transport of dangerous goods Is a high risk activity, which 
Is reflected In the insurance premiums required from those 
Involved In the transport chain In order to cover llablllty In 
the event of an accident. Each Member State has Its own legal 
practice, which It applies to national transport covering civil 
llablllty for damage caused by the transport of dangerous goods. 
There Is, as yet, no harmonised European-wide legislation In 
p I ace to cover c Iv I I I I ab I I I ty for damage caused by dangerous 
goods In national or International transport.However, the Inland 
Transport Committee of the United Nations Economic Commission for 
Europe has recently (1989) concluded a "Convent Ion on clvl I 
liability for damage caused during carriage of dangerous goods by 
road, rail and Inland navigation vessels'"CCRTD). This 
Convention Is based on strict liability with very high Insurance 
premiums, and shifts llablllty from the consignor to the 
carrier Involved In national or International transport. The 
Convention has not yet been signed by a sufficient number of ECE 
states to al low It to enter Into force, thus leaving the European 
scene dotted with differing llablllty regimes. Careful 
consideration should therefore now be given to whether a 
Community Initiative Is needed to bring about a more uniform 
approach, bearing In mind also the Community interest In seeing 
operators from third countries, In particular from the European 
Economic Area and from Eastern and Central Europe, subject to 
similar obligations as Its own. 
(48) -80 -
IV.2.f SOCIAL POLICY AND TRANSPORT 
IV.2.f.1 COMMUNITY SOCIAL POLICY AND THE SOCIAL DIMENSION OF THE CTP 
COMPLEMENTARY INSTRUMENTS 
250. From the outset, the European Community has had as one of Its 
genera I ob J ect i ves improved working cond it ions and an improved 
standard of I Iv Ing for workers. This objective was to be 
realised through application of the Treaty's provisions and 
procedures such as those relating to the functioning of the 
convnon market and the CTP, as we 11 as through the part I cu I ar 
provisions of the social policy title. The latter included 
provision for close cooperation between Member States in the 
social field, equal pay, and employment, promotion and training 
through a Social Fund. 
251. The European Single Act deepened this approach by prescribing the 
harmonisation of health and safety conditions at work on the 
basis of minimum requirements (Article 118 a) and creating an 
exp 11 c it basis for a dialogue at European I eve I between soc i a I 
partners, including the possibi I lty for collective bargaining 
(Article 118 b). In 1989, the community Charter of the 
Fundamental Social Rights of Workers was adopted, suscrlbed by 
al I Member States except the United Kingdom, together with an 
action programme Including initiatives In the social field. 
252. On this basis, progress has been made in two complementary ways. 
On the one hand, social policy initiatives have been taken which 
have had application In the transport field as they do in other 
sectors. The Social Fund has a major role in promoting 
employment and retraining workers; equal lty between sexes; strict 
rules on child work have been adopted; and standards on working 
and health conditions have been created(48). Social partners 
have been associated with Community decisions through Joint 
Committees and the Economic and Social Committee. On the other 
hand, In the context of the CTP, measures are on the way to be 
taken concerning the living and working conditions of transport 
workers as part of the realisation of the internal market in 
transport services. The opening up of national markets to 
compet it Ion from other States has necessitated the adopt ion of 
certain common standards in the social field both to ensure that 
the essent i a I interests of workers are protected in the new 
I lberal lsed environment and to eliminate certain distort ions of 
the conditions of competition between transport enterprises which 
could arise in the absence of standards fixed for the Community 
as a whole. 
253. When signing the Union Treaty in February 1992, eleven of the 
twelve Member States, al I except the United Kingdom, concluded an 
agreement on social policy by way of a protocol which is to be 
Counci I Directive 89/391/EEC of 12 June 1989 on the Introduction of measures to encourage 
lnprovemenh In the sofety a,d health of worker at work (OJ L 183 of 29.6.1989, p. 1), a,d 
Individual Dfrectlves within the meaning of Article 16(1) of Directive 89/391~C. 
-81 -
implemented by recourse to the institutions, procedures and 
mechan Isms of the Treaty. Among the main prov is Ions of this 
agreement are the consolidation of the Charter of the Fundamental 
Social Rights of Workers; the role of primary importance given to 
social partners in the consultation process leading to the option 
of legislation with social implications; development of measures 
for disabled persons; increased and improved vocational training, 
including the Integration of people from the labour market; 
primacy of collective bargaining over legislation in some areas; 
and respect for the principle of subsidiarity. The protocol and 
the social policy agreement are without prejudice to the 
provisions of the Union Treaty or a fortiori to existing Treaty 
provisions relating to social policy or the CTP. 
254. Initiatives wlll be developed on the basis of the social policy 
provisions of the Union Treaty and, in some cases, the social 
po Ii cy protoco I and agreement. These initiatives may we II have 
application in the transport field. In addition, the proper 
functioning of the internal market in transport services wt 11 
almost certainly call for further action affecting the I tving and 
working conditions of transport workers, some of which are 
considered further below. At this point, it suffices to note that 
in responding to social pressures, some of them flowing directly 
from the liberalisation associated with the completion and 
functioning of the Internal transport market, authorities at 
nat Iona I or reg Iona I I eve I w 11 I find it di ff I cu It to act a lone 
where their uni lateral initiatives could prejudice the price 
competitiveness or operational flexibi I ity of their transport 
enterprises relative to those from other Member States. 
255. The two sources of Community social measures concerning 
transport, and the new dimension added by the Maastricht protocol 
and social pol Icy agreement, wt I I reQulre particular attention to 
be paid to the type and content of initiatives to be proposed. 
First, it is important that measures proposed on the basis of 
general social policy provisions take properly Into account the 
specific character of transport activities such as the varying 
operat Iona I cond it Ions and reQu I rements of d I fferent types of 
transport system and their inherently mobile character. Second, 
on the other hand, measures taken in the context of the 
functioning of the internal market In transport services should 
reflect and be fully compatible with the Community's generally 
appl lcable social policies. Third, when social measures wi 11 
affect the functioning of the transport market, particularly the 
competitive conditions of transport enterprises, they should be 
adopted whenever possible by the Community as a whole. 
-82 -
IV.2.f.2 PRINCIPAL AREAS OF ACTIVITY 
256. Cormlunlty action to protect and promote the Interests of 
transport workers can be conveniently considered under four 
headings : the establishment of a social dialogue and collective 
bargaining; measures concerning access to the different 
professions and training; actions related to living and working 
conditions; and measures that protect and promote employment. 
Social dialogue and collectlve bargaining 
257. Joint Cormllttees attached to the Commission, most of which are 
recently created, have already proved to be a valuable complement 
to the Economic and Social Committee. Five of the nine existing 
committees are In the transport sector (ral I, road, Inland 
waterways, mar It lme and c Iv 11 av I at Ion) and a new one Is In 
course of being established (ports). The transport Joint 
Committees provide a forum in which representatives of employees 
and employers can deliberate with each other and with the 
Commission on the formulation of policies concerning their sector 
and Issues arising from their implementation. The contribution 
that they can make Is part lcular ly Important In relat Ion to 
matters d I rect I y re I ated to soc I a I Issues such as access to the 
profession, training, I lving and working conditions and 
employment promotion and protect ion. In such areas, the 
ach I evement of broad consensus on how to approach a part I cu I ar 
problem could make a vital contribution to the rapid adoption of 
Community legislation which otherwise would be difficult to 
achieve. 
258. Indeed dialogue between the social partners can, If both partners 
cons lder It des I rab le. lead to solut Ions based on collect lve 
agreement alone (Article 118 band Article 4 of the Agreement on 
Social Polley). such solutions constitute an alternative to 
current legislative procedure and are an example of decisions 
being taken closer to the citizen. This Is why the Commission Is 
reflecting on arrangements which would enable the Implementation 
of consultation, dialogue and possibly negotiation procedures 
foreseen by the agreement concluded on 31.10.91 between the 
European Trade Un Ion Confederat Ion (ETUC), the Un Ion of 
Industrial and Employers· Confederations of Europe (UNICE) and 
the European Centre of Public Enterprises (CEEP), and by the 
Protocol on Social Polley annexed to the Union Treaty. 
259. Accordingly, the Commission Intends to ensure that, In the 
transport f leld, the social partners are fully involved In the 
preparation of Initiatives having social lmpllcatlons. Where 
Joint Committees exist, they wi 11 be consulted with a view to 
developing solutions supported by as broad a social consensus as 
possible. If It should appear that arrangements by way of 
col lectlve agreement are feasible, it wi 11 seek to give 
preference to such solutions. Where Community legislation Is 
necessary In order to ensure that relevant national regulations 
are amended, it will nevertheless seek to base the substance of 
Its proposals on any relevant agreement of the social partners. 
This approach Is currently being fol lowed, for example, In 
relation to the Question of fl lght time I Imitation in the clvl I 
aviation sector, a matter considered further below. 
(49) -83 -
Access to the professions and training 
260. In order to facilitate competition between transport operators 
and to allow workers in the transport sector to benefit from 
their liberty under the Treaty to work In other Member 
States ,measures have a I ready been taken to ensure that 
qualifications are mutually recognized by the authorities of the 
Member States. In addition, given the risks Inherent In many 
transport activities, minimum standards have been established to 
ensure that those engaged In prov id Ing transport serv Ices are 
sufficiently qualified for their tasks. 
261. A beginning was made with the adoption of measures for the road 
haulage and passenger lndustrles< 49>. This was followed by 
measures applying to Inland navlgatlonC50); and to cockpit crew 
In the field of civi I aviatlonC51). Further Initiatives are 
already under consideration In this field, notably In relation to 
flight crew, and also as regards qualifications of seafarers In 
the maritime sector. 
262. Parallel to these measures In the transport field, the Community 
has been developing Its general system for the mutual recognition 
of dlplornasC52). This system appl les to the regulated 
professions In the absence of specific Community measures such as 
those on cockp It crew. The genera I system shou Id permit many 
prob I ems, notab I y those of mutua I recogn It Ion, to be addressed 
without the need for further legislative provision at Community 
level. However, for a number of reasons, the general system will 
not provide a complete answer to all the problems arising In the 
transport sector. 
263. In particular, as explained above, the risks Inherent In 
transport act lvlt les cont lnue to pose part lcular problems for 
transport authorities. The human factor Is stl I I Identified as a 
significant contributing factor in transport accidents, although 
In significantly different proportions from mode to mode. The 
Issue of raising standards In the Interests of improved safety, 
particularly the weaker ones, cannot be avoided and It clearly 
makes sense for any such activity to be undertaken at Community 
level so that new standards are applied In a coherent manner In 
all Member States, necessary allowance being made for the time 
needed to implement them. 
264. Indeed h I gher standards are not on I y needed for safety reasons 
but also because of profound adaptations of the transport sector 
associated with the Important changes already discussed Including 
the realisation and development of the Internal transport market 
and the Integration of transport systems and services. To meet 
the challenge of sustainable mobility In a liberalised Community­
wide market, transport enterprises will have to adapt themselves 
In a variety of ways, for example, to provide efficient, flexible 
Reapectlvely. Cowicll Directive 74/561/EEC of 12.11.74 (OJ L 308 19.11.74. p. 18) aa modified. 
a,d Couic II DI rectl ve 74/562/FE.C of 12. 11. 74 (OJ L 308 19. 11. 74. p. 23) aa mod If I ed. 
Couicll Directive 87/540/f.EC of 9.11.87 (OJ L 322 12.11.87, p. 20). 
Councll Directive 91/fuO/f.EC of 16.12.91 (OJ L 373 31.12.91, p. 12). 
Cowlcl I DI rectlve 89/48/f.EC of 21. 12.89 (OJ L 19 24. 1 .89, p. 16) CCJ11> leted by Di rectlve 92/51/EEC of 
18.8.92 (OJ L 209 24. 7.92)/on the aecond veneral ayatem, caning Into force on 18.6.94. In the 
meantime, Member State• n,st In a,y event recognize quol If lcatlona on the basla of the case law of 
the Europea, Court of Juatice. 
-84 -
service In the context of Increasingly Integrated systems using 
advanced technologies. To facllltate this process of adaptation, 
transport author It ies wl 11 need to address the quest Ion of the 
qualifications and training needed to respond to this challenge, 
not least In the case of smaller transport enterprises which will 
find It more difficult to make the necessary changes. In 
addition, actions should be taken to facilitate the retraining of 
workers affected by the disappearance of certain activities and 
their adaptation to new technologies. Many of the actions needed 
in this context are undoubtedly best taken at levels other than 
that of the Community. But given that the problem is shared by 
all Member States, if In different degrees, and the risks that 
entirely uncoordinated actions entail for the proper functioning 
of the I nterna I transport market and trans-European networks, 
the continued development of a Convnunity framework and possibly 
accompanying measures are clearly Justified. 
265. As to pr lor It I es, the structure of the road hau I age Industry 
suggests that action Is most urgent In that context, as confirmed 
by recent events In several Member States Indicating that the 
current situation Is giving rise to unacceptable stresses. 
Living and working conditions 
Working, operating and other times 
General 
266.· Rules and practices concerning working, operating, duty, waiting 
and rest times raise issues of varying complexity In the 
transport field due to the particular characteristics of 
different transport activities. The mobility of many transport 
workers which may take them far both from home and the transport 
establ lshment for which they work; the considerable length of 
some voyages; the Irregular nature of others; the particularly 
high level of alertness and concentration needed to perform 
certain key functions are some of the Important factors which 
need to be taken Into account. At the same time, a number of 
pressing considerations have led policy makers to regulate these 
matters. Safety In the Interests of both the pub I le and the 
workers themselves has been a prime motivation. The elimination 
of distortions of competitive conditions as between operators has 
been another, while those countries which limit working time as a 
matter of principle for reasons of general social and employment 
pot Icy seek to apply the same approach to the transport sector In 
so far as they can. 
267. At the Community level, In the road transport sector, convnon 
ru I es on dr Iv Ing hours and rest per I ods have ex I sted for more 
than 20 years. At present, Council Regulations (EEC)3820/85 on 
the harmonisation of certain social legislation relating to road 
transportC53) and 3821/85 on recording equipment In road 
transport<5 4) contain the main Convnunlty provisions In this 
area. 
OJ L 370, 31.12.85, p. 1. 
OJ L 370, 31.12.85, p. 8. 
{SS) -85 -
In 1988, Counci I Directive 88/599/EEC introduced some 
standardisation of control procedures for the implemeniation of 
these two measures. However, there is evidence that observance 
of these rules is far from adequate even in those States where 
controls are relatively strict, while the frequency and intensity 
of the controls vary greatly between Member States as does the 
level of sanctions imposed on offenders. 
268. In other sectors the Community has not so far acted legislation. 
269. As regards railways, working conditions are defined at the 
national level. In many cases the national railway companies are 
authorized to define such rules and often railwaymen have the 
status of civl I servants, pub I ic employees. Given that the 
railways function as highly structured networks, and also 
normally as monopolies, the issue of working and other times has 
not attracted the same attention as it has in the road sector and 
a need for any specific Community intervention has not yet been 
fe It. 
Inland waterways 
270. Under the auspices of the Central Commission for Navigation on 
the Rhine, rules have come into force on maximum working hours 
for crews. For Community waterways other than the Rhine, no such 
rules exist. Operators have recently expressed interest in seeing 
uniform rules adopted rather than a patchwork of national ones. 
C I v i I a v i at ion 
271. Work and rest time are currently governed by national legislation 
on collective agreements. The provisions vary considerably 
between Member States and there ex lsts to date no satisfactory 
international arrangement. The Chicago Convention only requires 
States to formulate rules limiting the flight time and flight 
duty periods of flight crew members but does not seek to set any 
standards. In recent years this Issue has emerged as a matter of 
concern, a concern no doubt stimulated by the new competitive 
pressures being generated by the Ii bera I i sat ion of the sector. 
This has led to discussions of possible initiatives both within 
the Joint Aviation Authorities and the Joint Aviation Committee. 
Maritime 
272. In the maritime sector, specific prob I ems arise because of the 
nature of the activity, particularly the length of many voyages. 
The matter has been dealt with by national legislation, 
collective agreements and individual employment contracts or some 
combination of these. An International Labour Organisation 
conventlonC55) failed to come into force due to an insufficient 
number of ratifications. 
Convent ion n • 109 of 1958. 
{56) 
(57) -86 -
The Community's general regime on working time 
273. In 1990, as part of the realisation of the Social Charter, the 
Commission proposed the adoption of a directive on working time 
for all economic sectors of activity including transportC56). 
Given the specific problems arising in the field, the Councl I has 
Indicated that road, air, sea, ral I and Inland waterways wl II be 
excluded. The Commission has indicated that it reserves the 
poss i b I I i ty to present proposa Is as soon as poss I b I e for the 
different transport sectors taking account of their 
particularities. 
Future Community initiatives 
274. The issues raised by requirements on working and other times 
accordingly need to be examined for each transport sector. Three 
main aspects must be taken into account: the specificity of each 
of the sectors, the Importance of safety and the maintenance of a 
high level of social protection. 
275. As regards the road sector, both the structure of the industry 
and the ineffectiveness of the present regime on driving time 
suggest that a new Community approach is needed as a matter of 
urgency. 
276. The industry is characterised by low barriers to entry leading to 
a relatively large number of smal I operators trading alongside a 
smaller number of larger ones. The I iberal isation of the market 
at a time when a general decline In economic growth is depressing 
demand is raising the competitive pressures on a I I operators, 
particularly the smaller ones, whether they are working directly 
for their own clients or sub-contracting. The pressures on 
operators and drivers not to respect driving and rest times has 
become much greater. 
277. At the same time, a number of factors can be Identified wh I eh 
explain the inadequacy of the present reglmeC57). These affect 
in particular, enforcement of the rules. 
278. First, the rules are too complex for easy appl icatlon with 
current technology, whether by control authorities or indeed 
operators or drivers themselves. In order to know whether 
someone can drive lawfully it may be necessary to consult records 
going back seven days or even longer. lnterpretat ion of the 
tachograph discs needs considerable expertise and experience and 
this lack of immediate transparency contributes to temptations to 
manipulate the system. A simplification of the rules, combined 
with the application of new technology to provide rapidly 
unambiguous, secure data, would constitute a considerable step 
forward. Such a development would be further enhanced if the new 
techno I ogy provided add It i ona I i nf orma t I on and ser v Ice to 
operators and drivers al Ike. 
OJ C 254, 9.10.90. 
Study "Pour &,ie mei I leure mise en oeuvre des r~glements sociaux dons le danaine des transports 
par route", European Institute of Public Adninistration, Moastricht, 2.12.87. 
-87 -
279. A second area of weakness is the I imited and uneven efforts made 
by competent authorities to control operators. This Is In part 
due no doubt to the comp I ex I ty and d If f i cu I ty of the task as 
explained above. It is also due to ressource constraints, a 
relatively low priority given to the activity by comparison with 
other law enforcement, different degrees of wi I I lngness to 
confront the economic and political consequences of stricter 
enforcement and, In some cases, lack of technical capacity In the 
responsible administrations. 
280. The prime responslbl lity for improving enforcement must continue 
to I le with authorities at national and local levels. The 
Community should not seek to become directly involved In 
enforcement in th Is area as it w i I I not be ab I e to act more 
effectively than the authorities at national or local level. 
However, in add it Ion to the s imp I if i cat ion and techn i ea I 
modernisation of the Community regime, it may be able to 
contribute indirectly to more uniform and effective enforcement 
regimes in the Member States. Initiatives might include actions 
to br Ing closer together nat Iona I approaches to contro I 
procedures and sanct ions. In add it ion to harmon i sat ion measures 
of the traditional type, though focused on procedures and 
sanctions, other initiatives might also be taken, for example, to 
bring together national officials concerned In common training 
programmes or to organise through an exchange mechanism 
development programmes whereby a smal I group of selected national 
Inspectors could disseminate best practice throughout the 
Community. 
281. The Introduction of effective control procedures in relation to 
driving time, particularly necessary for long distance Journeys 
and, at the same time, the clarification of rules concerning the 
duration of working time are priority tasks. Given the mobility 
of drivers, control I ing working time poses considerable 
difficulties. The operation of the vehicle and the presence of a 
particular driver when it is being used can be control led 
technically and much more effectively than is the case at 
present. If this can be achieved in the context of a s imp I er 
regulation on driving time, it will then be easier to evaluate 
how best to approach the additional dimension of working time. 
Ra i I ways 
282. While there has been no pressing need for action in this sector 
In the past, the moves towards privatisation in some Member 
States and the opening of the network to new operators are 
changing th~ economic environment for railway workers. This 
evolution calls for a careful examination of the need for a 
Community initiative and its possible content, in close 
consultation with concerned organisations, in order to ensure a 
high level of social protection. 
-88 -
C i Vi I av I at ion 
283. Once the current discussions within the Joint Aviation 
Authorities and the Joint Aviation Committee, have produced some 
conclusions on flight and working time, the Commission, also In 
close consultation with all the organisations concerned, will 
decide on the Initiatives that it intends to take. 
Maritime 
284. In the maritime field, discussions will be undertaken to assess 
the need for Community intervention and Its possible form and 
content. The particular characteristics of the Industry wl I I have 
to be fully explored, In particular, its need for flex lb I I ity to 
maintain Its competitiveness with third country operators and so 
sustain a high level of employment. 
Working conditions : occupational safety and health 
285. Improvement of the occupational safety and health conditions in 
the transport sector is the subject of a proposal for a directive 
to be submitted by the Commission to the Counci 1(58). It 
prescribes minimum safety and health requirements for transport 
activities and workplaces on means of transport. If adopted by 
the Council, this directive, along with the general Directive on 
the lntroduct Ion of measures to encourage improvements In the 
safety and health of workers at work (89/391/EEC)C59), wl I I 
consolidate and improve the prevailing conditions in the 
transport sector generally. It is foreseen that this directive 
will apply from 1995 to new vehicles with a derogation of 3 years 
for old ones due to this extended timetable and to the 
complexity of Its rules, proper enforcement wi 11 be the major 
priority. A· new analysis of occupational safety and health 
conditions in the transport sector wi I I then be made on the basis 
of the experience provided by the application of the directive. 
IV.2.f.3 TRANSPORT FOR PEOPLE WITH REDUCED MOBILITY 
286. In addition to policies to protect and promote the interests of 
workers, social policy also includes measures in favour of those 
with reduced mobi I ity. 
287. On 16 December 1991, the Council adopted a Resolution concerning 
a Community action programme on the accessibility of transport to 
persons with reduced mobility (OJ C 68 of 16.3.91), requesting 
the Commission "to formulate a Community action programme 
i nc I ud i ng proposa Is for concrete measures des I gned to Improve 
accessibility to al I modes of pub I ic transport and to the access 
points thereto", while taking into account the principle of 
subsidiarity. 
doc CXM(92) XS4/3. 
OJEC n• L183 of 29 Ju,e 1989. p. 1. 
-89 -
288. Indeed, most Initiatives in this area can be better taken at 
national, regional or local level. Cooperation at Community 
level, as wel I as the adopt ion of certain common standards or 
accessibi I ity to transport, could nevertheless help to improve 
transport conditions for people with reduced mobi I ity as actions 
within the framework of the telematics and TIME research 
programmes are already demonstrating. A threefold approach wi I I 
be used in order to attain this objective : Community cooperation 
on information programmes; where the Councl I asks for them, 
proposals for legislation on minimum standards; and research 
programmes which can make a contribution to this area. 
IV.2.f.4 PROTECTION AND PROMOTION OF EMPLOYMENT 
289. In the context of the Community policy to encourage maintain and 
increase the Community fleets under Member States' flags, the 
Commission has elaborated a number of positive measures aiming at 
both restoring the competitive position of the Community shipping 
industry and increasing employment of EEC nationals. The main 
element of these measures is the creation of a Community register 
Euros wh i eh wou Id provide for incentives to shipowners 
registering their ships in this register. Specific provisions 
have also been proposed reQuiring that all officers and at least 
ha If of the rest of the crew members to be employed on Euros 
registered vessels should be EC nationals. The Commission Is 
we 11 aware of the prob I em of the dee Ii n i ng number of Commun I ty 
seafarers employed in the Community fleets and has put it as a 
priority to reverse this negative situation by taking al I 
possible actions and develop further ideas in the context of its 
"positive measures" policy. 
290. As regards the Community inland waterway fleet, the Commission is 
considering measures to Improve its competitive position compared 
to other transport modes. These should improve its 
competitiveness and so help maintain employment in the sector. 
-90 -
11.3 STRENGTHENING THE EXTERNAL 
D Il\lENS I ON OF THE CTP 
-91 -
IV.3.a THE EXTERNAL DIMENSION: PROGRESS TO DATE 
291. Given the international character of many transport activities, 
the Community Treaty from the outset envisaged that the CTP 
should have an external dimension. The progressive completion 
of the internal market in transport services has emphasised the 
need for a Community approach to transport relations with third 
countries, while the defence and promotion of the Community's 
commerc i a I interests have a I so increasing I y ea I I ed for common 
action. Progress in the realisation of these objectives has been 
mixed. 
292. On the one hand, considerable progress has been achieved, though 
more in some areas than others. 
293. The international facets of sea transport are at the very heart 
of the Community's shipping po I icy as deve I oped up to now. A 
consultation procedure on relations between Member States and 
third countries in shipping matters and on action In 
international organisations was adopted in 1977 (EEC Regulation 
587/77). In 1979 the UN Liner Code was implemented through the 
Brusse Is package ( EEC Regu I at ion 954/79). Then, in 1986, four 
regu I at ions were adopted covering freedom to provide services 
between Member States and third countries (EEC Regulation 
4055/86); the application of the competition rules of Articles 85 
and 86 to maritime transport, a matter of considerable Importance 
to shipping relations with third countries, for example, in 
connection with the functioning of conferences (EEC Regulation 
4056/86); unfair pr1c1ng by third country shipowners (EEC 
Regulation 4057/86); and actions of third countries restricting 
access to cargoes in ocean trades (EEC Regulation 4058/86). The 
third and fourth Lome conventions contained specific articles on 
maritime transport, in part i cu I ar, re I at i ng to the harmonious 
development of efficient and reliable shipping services based on 
the pr lnciples of unrestr lcted access to trade on a commercial 
basis at competitive rates. Indeed most Community association and 
cooperation agreements contain specific transport provisions 
having appl !cation to the maritime sector. Provisions range from 
reference to cooperation in transport to specific commitments on 
freedom to provide services and access to trade. Finally the 
EUROS proposals sti II under active consideration by the 
Community's legislative institutions, have been designed 
primarl ly to address the competitiveness of the Community's 
fleets in relation to its main third country competitors, 
particularly flags of convenience. 
294. In the field of inland transport, negotiations on transit for 
heavy goods vehicles were successfully completed in 1991 with 
Yugoslavia and in 1992 with Austria and Switzerland, though of 
course the former agreement has not had a chance to realise its 
objectives. In view of the political situation there, new 
solutions must now be found. 
(60) -92 -
295. In civil aviation, a consultation procedure on relations between 
Member States and third countries and on action in international 
organizations was adopted In 1980. Furthermore, the recent 
agreement with Sweden and Norway extends the Community's 
existing internal regime to those countries. 
296. More generally, the entry into force of the agreement on the 
European Economic Area wi 11 In pr lnciple ensure the application 
of the Community's legislation on the internal market in 
transport services in all countries concerned and wlll ensure 
their Involvement in the preparation of new Community 
legislation. The agreements concluded or being negotiated with 
the countries of Eastern and Central Europe establish transport 
as one of the main areas for further cooperation. The Pan 
European Transport Conference In Prague, organised Jointly by the 
Comm i ss I on and the European Par I I ament in October 1991, 
underlined the need for concerted action in the broader Europe 
with a view to the integration of its transport markets and the 
development of the corresponding trans-European networks. 
Transport has also emerged as one of the main themes in the 
various assistance programmes for these countries, for example, 
PHARE and TAc1s(60). 
297. Progress has also been made in developing the Community's role in 
international organisations and the multilateral agreements for 
which they are responsible. Important examples are the European 
Conference of Ministers of Transport and, in the UN framework, 
the Economic Commission for Europe. Under the working 
arrangements established with both organizations, the Community 
has carried out a satisfactory dialogue with third countries. In 
the GATT context, the Commission Is negotiating on behalf of the 
Commun I ty and its Member States the poss i b I e I i bera Ii sat Ion of 
important aspects of trade in transport services In the context 
of the Uruguay Round. 
IV.3.b CURRENT PROBLEMS 
298. A number of important problems remain to be solved. 
299. First, the Member States have over a period of many years 
developed a system of bilateral agreements with third countries 
regulating transport relations. These agreements deal with a 
who I e range of v I ta I econom I c issues such as market access , 
Including access of third country operators to the Community's 
Internal market. Little progress has been made in replacing these 
b 11 atera I arrangements with appropriate agreements between the 
Community and the third countries concerned. 
50 ~aJ have been cannltted by the 1992 A-WE progrcmne In the transport sector. A large 
CCJ11)onent of TACIS 1991 progrcmne la In the field of transport to which 53.S ~aJ were ccmnitted. 
-93 -
300. Moreover, most of the exist Ing b I I a ter a I agreements on Issues 
I Ike market access have been cone I uded by Member States on a 
basis of reciprocity and often Include nationality clauses which 
require private parties to violate the Community's competition 
rules or are otherwise Incompatible with full and uniform 
appllcatlon of Convnunlty law. Such clauses are contrary to 
Convnunlty law since they violate the prlnclple of non­
discrimination on grounds of natlonallty and llmlt the scope of 
the I nterna I market In transport serv Ices. They are a I so not 
conduc I ve to the econom I c eff I c I ency of transport operat Ions. 
These agreements, therefore, wlll have to be amended or 
terminated. However, It may well be the case that such action 
wlll have commercial lmpllcatlons and wlll therefore need to be 
addressed by the Community. 
301. Member States have resisted the exercise of Community competence 
In this area and continued to negotiate new and modified 
agreements In violation of Community law. They have done so even 
In situations where the Commission has already seized the councl I 
of the problem, for example, in the field of inland navigation. 
By continuing to act separately, they have not merely failed to 
exploit the bargaining power of the Community but have al lowed 
s I tuat Ions to develop in wh I eh some third count r I es have been 
allowed to divide and rule. This Is perhaps best exemplified by 
the route maps in Annex I I Indicating the different ways In which 
US and Community air carriers have· been al lowed to develop 
traffic-generating networks on either side of the Atlantic. 
302. Likewise, in some International organisations, It has proved 
difficult to develop the Community's role, the dlfflcultles 
varying depending on the organisational context. For example, In 
the IMO and ICAO, Member States have on occasion resisted the 
natural development of the Community's current status as an 
observer to keep pace with developing Community competence. This 
has led to friction and made It difficult for the Commission to 
ensure that work In those fora takes proper account of 
developments in the Convnunlty. This Is all the more serious In 
areas Ii Ice mar It lme safety where a consensus exists that the 
I nternat Iona I Mar It lme Organ I zat Ion CIMO) shou Id be the ma In, 
even almost exclusive forum for establishing the level of 
regulation to apply to cross-frontier transport operations, 
Including those between the Member States. Given the Important 
role of IMO worldwide on maritime safety, arrangements have to be 
found which permit the Community's Institutions to participate 
fully In setting standards having a direct effect on the 
functioning of the Internal market and the safety of ships within 
the Community. 
-94 -
303. As a consequence of these difficulties, the full effect of CTP 
Instruments Is limited by the absence of a parallel and coherent 
development of the external dimension of the Convnunlty's policy 
of Internal llberallsatlon. This applies to all transport 
sectors but It has been part I cu I ar I y obv lous In the mar It lme 
sector where the basic objective of freedom of access to 
International trades has yet to be fully achieved. While a more 
stringent application of Community competition rules to this end 
may be able to compensate to some extent, It needs In any case to 
be complemented by complementary action In the field of external 
relations If It Is to be truly effective and avoid creating undue 
friction with the third countries concerned. 
304. Finally, the entry Into force of the EEA agreement may In some 
cases require, If not the harmonisation of existing policies of 
the different EEA partners, at least some coordination with that 
of the Community. Should the need arise In the transport field, 
It will be the easier to meet to the extent that the Community 
will have already prepared, or at least begun effectively to 
prepare, a clear policy as to Its external regime. 
IV.3.c cot&fUNITY POWERS IN THE EXTERNAL FIELD 
305. The Court of Just Ice (Case 1/78) has held that the not Ion of 
"convnerclal policy" referred to In Article 113 of the Treaty Is a 
dynamic one and follows developments In International tradeC61}. 
The Commission has accordingly concluded that measures concerning 
trade In services form part of commercial policy and therefore 
fall under Article 113 of the Treaty. Consequently, It concluded 
that the Community has exclusive competence to conclude bi lateral 
or multilateral commercial agreements on services. and notably on 
transport that Include rules on market access and capacity, 
traffic rights. tariffs or other measures accompanying these 
rules. This Indeed, Is the approach advocated In recent 
proposals to the Councl I and Is consistent with that already 
taken within the framework of the Uruguay Round. 
306. Earlier the Community had begun to exercise Its external 
competence based on Articles 61,75 and 84 § 2 of the Treaty. 
The European Court of Just Ice he Id In Case 22/70 that as the 
Community develops common Internal rules It also acquires 
authority over external negotiations which might affect these 
common rules (ERTA doctrlne)C6 2>. Later, case 1/76 of the Court 
of Justice constituted an Important step In the definition of the 
external powers of the Community, declaring that if the Community 
has an Internal competence to achieve a specific objective, It 
lmpllcltly disposes of the exclusive external competence on that 
subject as far as such an externa I exercise is necessary to 
achieve that objectlveC63). Accordingly, the leglslatlon 
adopted to complete the Internal transport market gives the 
Community an Important exclusive power In accordance with the 
ERTA doctrine for agreements which are not related to trade In 
serv Ices. and are therefore not covered by Art I c I e 113 of the 
Treaty, and are not ancl I lary to a convnerclal agreement. 
Cose 1 on the International Rubber Agreement) [1979) ECR 2871. 
Cannfaalon v. Cowecf I, Case ~ [1971) ECR 263. 
Coae 1/76 (on the Agreement eatabl lahfng a European laylng--14) fund for Inland waterway vesaela) 
[1976) E~ 741. 
-95 -
307. However, not all agreements with a third country In the field of 
transport should be considered as fal I Ing ent I rely within the 
scope of trade in transport services or affecting the functioning 
of the internal market within the ERTA doctrine. Such agreements 
may still be concluded by the Member States. 
308. FI na 11 y, even where the Convnun I ty has an exc I us I ve power, In 
certa In c I rcumstances, Member States can be author I sed by the 
Council to negotiate bilaterally. The Court of Justice In a 
number of Judgements has set out the principles for such a 
procedure<6 4>. 
309. These principles have not so far been recognised by the Member 
States. However, the adoption of Council measures completing the 
Internal market In transport services wlll, It is hoped, produce 
a significant evolution in the debate. But In any event the 
present situation cannot be allowed to continue. Transport 
relations with third countries should be conducted only within a 
Convnunlty framework In full accordance with the Treaty. 
IV.3.d NEW APPROACH; PRIORITIES 
310. The completion of the single market and the establishment of the 
EEA, continuing growth In the International mobl I lty of goods and 
peop I e, recent changes In Eastern and Centra I Europe and the 
Increasing Interdependence In world trade and services, call for 
the development of a new approach to the external dimension of 
the CTP. 
311. The main components In this new approach should be the 
progressive transformation of existing bilateral regimes so that 
they fit Into the new European order and the Internal market by 
means of a framework of Convnuntty agreements and procedures; the 
development of a global approach to the transport services and 
systems of Europe, Including those of the EEA and Eastern and 
Central Europe, so that they can develop In as Integrated a way 
as possible across the continent; and the reinforcement of the 
Community's role within relevant International organisations to 
reflect the full development of the CTP. 
Progressive transformation of bi lateral regimes. 
General Principles 
312. First, It Is important that Member states inform the Convnlssion 
adequate I y of agreements In force and of the I r Intent Ion to 
negotiate new agreements or modifications to existing ones. Such 
I nformat Ion Is the essent I a I prerequ Is I te for ef feet I ve 
machinery, beginning with consultations between the Commission 
and the Member States, to ensure that Convnun I ty competence Is 
respected and the most appropriate solutions found for the 
(64) Citation• of Donckerwolke, Tezl, Bulk 011 
(65) -96 -
different types of problem that wl I I arise. Existing 
Instruments, In particular Counci I Decisions 69/494, 77/587 and 
80/50 have not proved adequate in this regard. It Is accordingly 
Important that they be modified as quickly as possible. 
313. Second, as regards matters fal I Ing within the powers of the 
Convnunlty, a Member State will have to be authorised, in the 
context of a transltlonal regime, by a Council decision based on 
a Convnlssion proposal, to negotiate an agreement. A coordination 
procedure will be essential and conditions might also be 
necessary going beyond the communication of the result. These 
might relate for example to the content of the agreement to be 
negotiated, In part lcular, to take account of the Interests of 
other Member States and el lmlnate existing lncompatlbll itles with 
Community law Including discrimination on grounds of national lty. 
314. Third, In those areas In which the Community should negotiate, 
pr act Ices may need to be deve I oped In specific cases to ensure 
the close Involvement of the Member States in the process and the 
association of relevant Interest groups. 
315. Fourth, attention also needs to be given to the sensitive 
question of how the Convnunity should deal with the allocation of 
traffic rights to different operators In situations where access 
to the relevant market will be subject to restrictions. 
Mechanisms wi II need to be found which give due weight to 
existing rights while at the same time taking Into account the 
proper functioning of the Internal market. 
316. These general principles are being applied within the context of 
Initiatives relating to different priorities, taking Into account 
the complexity and variety of the economic and technical 
characteristics of the different transport sectors. 
Priorities 
317. In addition to work on Initiatives already taken In the field of 
inland navigation and road transport In Europe, efforts wlll need 
to be concentrated on key Issues In the field of civil aviation 
and shipping. Maritime transport is fundamentally a world market 
and any ambitious air carrier must have a global strategy. The 
CTP should accordingly support Community operators through the 
definition and Implementation of shipping and aviation policies 
capable of keeping the Community competitive in transport 
markets. 
318. In aviation, for reasons explained In greater detail 
elsewhere,C65) attention should be concentrated on relations 
w Ith the US, Japan and Eastern and Centra I Europe. As regards 
the first two countries, there are clear indications that lack 
of a Community approach leads to unfavourable negotiating 
results. Also these markets are strategic sectors of the global 
Camn.11 icot ion to the Counei I on Air Transport re lotion• with third cOW1triea. 
(66} -97 -
aviation market in which it is essential that Community carriers 
have full opportunity to compete with their principal rivals. 
Eastern and Central Europe including the countries of the former 
Soviet Union and countries formerly part of Yugoslavia demand 
attention for reasons explained below. 
319. Other probable Initiatives will need to be studied for possible 
action probably In the longer term. Developments in South East 
Asia and South America wll I have to be monitored and, if 
necessary, explor·atory discussions might be begun. Protectionist 
aviation policies in the various African States have been applied 
not only to European countries but also in their relations with 
one another. African countries as a whole are still convnltted to 
such policies but it is possible that in some cases a willingness 
to develop closer trade and transport relations with the 
Community might lead to opportunities requiring further 
exploration. This applies, for example, to the Magreb countries 
(Morocco, Algeria, Tunisia) and to the Air Africa member 
countriesC66). 
320. Finally attention should be given to the possibi I lty of 
negotiating a multi lateral air cargo agreement. In this sector, 
the European market is basically open to third country operators. 
As restr i et ions are not in the interest of the industry as a 
whole, the option of negotiating access for Community cargo 
carriers to other markets has to be given serious consideration. 
Amongst other benefits, a multilateral air cargo agreement can 
act as a catalyst for bringing about further arrangements of this 
kind in other areas of civi I aviation. 
321. In shipping, It is fundamental that the Community follows up the 
implementation of the 1986 package, aiming at implementing non­
protectionist policies in world shipping and at extending as much 
as possible to maritime transport the application of market 
economy rules. It has to be emphas'lzed that contrary to air 
transport, which Is governed by a network of bilateral agreements 
on traffic rights, maritime transport Is baslcal ly an open 
act Iv I ty where access to the i nternat Iona I market Is free for 
everybody. The need for bilateral agreements on commercial 
matters is therefore the exception and not the rule. 
322. The openness of the maritime transport market Is however limited 
by some existing bilateral agreements with cargo-sharing 
provisions; by cargo reservation policies of a number of 
countries, mainly developing countries and by restrictive or 
protectionist policy In shipping and related activities by 
certain third countries. 
Benin. Burkina Fosso. CAR. Chad. Congo. Ivory Coast. Mauritania, Niger. Senegal md Togo. 
-98 -
323. In order to resolve these problems, It wll I be necessary first to 
ensure the proper implementation of Regulation 4055/86 on freedom 
to provide maritime transport services between Member States and 
Member States and third countries. Second, It will be necessary 
to consider how the Community should now develop Its relations 
with third countries in the maritime field. The Commission 
Intends to present a communication on this subject In the near 
future, taking account of exper fences gained under the 1986 
Regulations and developments In the Uruguay Round. As far as the 
developing countries are concerned, the Community wl 11 have to 
continue to use, on the one hand, the Lome Convention provisions 
and, on the other hand, the cooperation agreements to ensure a 
degree of convergence In shipping policies and help them develop 
commercially competitive shipping services. 
IV. 3. e A GLOBAL APPROACH TO THE TRANSPORT SERVICES AND SYSTEMS OF 
EUROPE 
324. The Prague Declarat Ion adopted by the Pan European Transport 
Conference In 1991 emphasized the necessity of developing 
transport networks on a truly European scale and of Integrating 
the greater European transport market. Measures already taken, 
such as the EEA agreement and the transit agreements with 
Switzerland and Austria, now need to be complemented by other 
measures. These are needed In part lcular In relat Ion to the 
countries of Eastern and Central Europe Including the CIS and 
countries formerly part of Yugoslavia. 
325. Polltlcal developments in Eastern and Central Europe made 
possible the negotiation of association agreements with Poland, 
Hungary and Czechoslovakia thus establishing an initial framework 
for cooperation on transport Issues. Specific agreements are now 
needed to give effect to this objective. These agreements wlll 
aim at finding mutually satisfactory ways to apply the principle 
of freedom to provide services and at Introducing progressive 
liberalisation of markets taking Into account the progress made 
by these countries In transport sector restructuring along market 
principles. Of equal Importance Is cooperation In the 
Infrastructure field in order, in particular, to promote the 
compat I b 111 ty, Interconnect Ion and I nteroperab 11 I ty of European 
transport systems taken as a whole. 
326. European agreements now being negotiated with Bulgaria and 
Romania will provide a good framework for cooperation In 
transport matters and help them to restructure their transport 
systems along market economy prlnclples. Cooperation will Inter 
alla, Include the development of alternative transit routes to 
llnk Greece with other Community countries. 
327. Trade and cooperation agreements with the Baltic States and 
Albania have been concluded thus establ lshlng a framework for 
transport cooperation. Attention will be given to helping them 
to reinforce their transport I Inks with the Community. 
-99 -
328. The break-up of Yugoslavia created the need to establish with the 
newly recognised countr les contractual I Inks deal Ing with 
transport matters, in particular inland transit, in order to 
avoid isolating Member States or hindering the development of a 
balanced network in the Balkan region. The [Imminent] conclusion 
by the Community of a transit agreement with Slovenia would be a 
first step In that direction with the hope that political 
evolut Ion In the region wl 11 al low rebul I ding of the transit 
arrangements that were negotiated and incorporated In the 
agreement signed In June 1991 with Yugoslavia. 
329. With regard to Russia and other countries of the former Soviet 
Union, cooperation In the field of transport will develop In the 
framework of the new agreements which will be negotiated In the 
near future by the Community and the new republics. Objectives 
of this cooperation will be to assist them to Introduce market 
economy structures in transport operations and to modernise their 
transport infrastructure in ways which promote Its compatlblllty, 
Interconnection and lnteroperabl I lty with Community systems. 
IV.3.f INTERNATIONAL ORGANISATIONS AND MULTILATERAL CONVENTIONS 
330. At present, the Community holds only observer status In major 
International organisations dealing with transport and there are 
only a few multilateral agreements to which the Community Is a 
party. The completion of the Internal market and the development 
of a global CTP having as Its object lve sustainable mob I I lty 
constitute Important developments which raise the question of the 
Communlty•s status In relation to those organisations and 
conventions. A re-examination of each of the different 
situations Is required In order to evaluate the need for change 
which In some cases may call for the Community to seek membership 
of the organisations as has recently occurred In other fields, 
for example, In the case of the FAO. Similar conslderat Ions 
apply to multilateral conventions dealing with matters falling 
within the scope of the CTP. The Community may need to become a 
full party to such arrangements as It already has In the case of 
the ASOR AgreementC67). 
331. The opportunity should also be taken, In the broader European 
context, of re-evaluating the respective roles of the different 
structures dealing with transport issues: the EEA, the ECMT, the 
ECE, ECAC, Eurocontrol and JAA. The objective should be to 
define the different roles In such a way that dupl lcatlon of 
effort Is avoided and maximum synergy achieved. 
(67) Agreement on the International carriage of Pasaengera by Road by means of occoalonol coach and bus 
services. 
-100 -
IV. CCI.UUNITY POLICIES AND PRIORITIES I 
-101 -
V. 1 THE ACT I ON PROGRAMME 
332. In the light of the above analysis, an action programme for the 
further development of the CTP should have five main components: 
the development and integration of the Community's transport 
systems on the basis of the internal market; safety; environment 
protection; a social dimension; and external relations. The main 
actions which should be launched in the next two years (1993-
1994) are listed in Annex Ill. This Annex lists also those 
measures called for as a result of legislation already adopted. 
333. The programme does not claim to be definitive. Over such a period 
of t i me new issues may emerge and pr i or it I es may change. The 
action programme is not Intended to be a rigid prescription but 
to give concrete expression to the main policy I ines that the 
Commission now Intends to pursue. Such an approach wi II increase 
the overall coherence of the development of the CTP. It will 
thereby assist in the formation of the necessary pol ltical 
consensus for effective decision making by the Community's 
legislative institutions, not least as regards the appl icatlon of 
the subsidiarity principle as described in Chapter I I I. The 
Commission intends to update the action programme regularly at 
the time when it adopts its legislative programme for the coming 
year. By giving the act ion programme a rol I ing character, it 
intends to reinforce its capacity to establish and maintain 
consensus on the CTP's objectives and priorities. 
334. A detailed Justification of each of the individual measures would 
make this paper far too long even if it were feas i b I e at the 
present time which is not always the case. For this reason this 
chapter seeks only to deal concisely with the key issues, 
complementing explanations already given in other chapters, while 
leaving detailed analysis and explanation to other communications 
some of wh i eh are a I ready ava i I ab I e or in preparation such as 
those on road and maritime safety or external relations in civil 
aviation. 
The development and Integration of the eommunlty•s transport systems 
335. This component breaks down into four main sub-components : the 
economic and regulatory framework, technical harmonisation, 
research and development and trans-European networks. 
-102 -
V.1.a THE ECONOMIC AND REGULATORY FRAMEWORK 
336. In addition to future legislative activity called for as a result 
of existing internal market legislation in the field of freedom 
to provide services ( see eh. IV. 1), further measures of 
liberalisation and harmonisation are necessary in relation to a 
number of activities. 
337. In the road transport sector, present restrictions on access to 
the market of own account transport services and on the rental of 
goods vehicles and buses should to be abolished. 
338. Extending the definition of own account transport laid down in 
Regu I at ion 881 /92 to cover subsidiaries and ho Id i ng compan I es 
w i 11 enab I e own account operators to organise the I r activities 
more efficiently and reduce empty running. 
339. As to the liberalisation of vehicle hire, proposals wi II be made 
to Improve the conditions for the rental of goods vehicles for 
international transport operations. Existing restrictions 
prohibiting in practice the hire of vehicles in other Member 
States, such as provisions that the vehicles hired must be 
registered in compliance with the law of the Member State of the 
hiring companies, wi I I have to be done away with. Similar 
proposals are envisaged for the hire of buses and coaches. These 
measures would al low operators to accommodate the expected growth 
In International passenger transport services while permitting a 
more rational use of factors of production avoiding unnecessary 
capital investment. 
340. As regards taxi services, prior I ty shou Id be given to those 
markets In which there is real potential for economic gains such 
as the I lberal isation of international taxi services, 
particularly in frontier regions. At present national and local 
restrictions frequently oblige operators to run empty when they 
could be providing a useful service, for example, on return 
Journeys. 
341. However, the liberalisation of the trade, for example, through 
the general opening of cabotage, would need to take into account 
the requirement for taxi drivers to be fully aware of the detai Is 
of local geography. An examination of the conditions and 
restrictions imposed on taxi services might nevertheless be 
useful to see how I iberal isat ion measures might assist in the 
development of a new type of service as an alternative to the use 
of the private car or the usual, "one client at a time" taxi 
service. Flexible minibus services, using modern telematic 
technology, might enable the multicl lent taxi to make a new 
contribution to urban and rural transport, including the service 
and Interconnection of terminals in trans-European networks such 
as high speed train stations and airports. Whether legislative 
intervention to this end is needed is at present unclear. It is 
possible that other forms of initiative would be as effective, 
for example, actions in the research and development field or 
non-binding policy instruments. 
-103 -
342. Finally, problems related to certain specialised inter.national 
transport operations and services such as security transport and 
ambulances do not appear to raise transport policy quest ions. 
They main I y concern pub I I c order, mutua I recogn it I on of 
qualifications not related to expertise in transport, and 
official approval of equipment much of which is also not 
transport related. They are therefore being examined by the 
Commission in the context of Article 59. 
343. In the rail sector, as already indicated, further action is 
desirable to give effect to the I iberal isation agreed in the 
context of the 1992 programme, in particular, the establishment 
of er i ter i a for access to and charging for infrastructure and 
also for the setting up of railway undertakings. Without better 
definition of these criteria at Community level, there is a real 
danger that the I iberal isation already agreed wil I be very uneven 
and, in some areas, may give rise to such conflicts that it may 
not happen at al I or at best for a very long time. 
344. As regards civi I aviation, the adopt ion of the third 
I iberalisation package provides the necessary framework for 
scheduled and unscheduled transport services for third parties, 
including air taxis. Other aviation activities, some of which do 
not involve the provision of transport services or indeed the 
provision of any service to a third party, such as corporate own 
account flying, have not so far produced clearly Justified cal Is 
for Community Intervention. In any case, some of these activities 
which do not involve the provision of a transport service, like 
aerial surveying or photography, are already governed by general 
Community rules on establishment and freedom to provide services. 
For these reasons, no new I iberal isation initiatives are planned 
at present though the field will be kept under observation. The 
Commission will, however, publish in an appropriate form the 
methods which it intends to use to evaluate whether air fares are 
too high or too low when complaints are made under the third 
I iberal lsation package. 
345. On the harmonisation side, the main emphasis wl 11 be on the 
development of a Community framework for the charging of 
infrastructure and other costs to users. Such a framework is the 
essential foundation for the realisation of the objective of 
sustainable mobility for the Community as a wHole. If costs are 
not be Ing proper I y a I I oca ted, stresses are bound to arise as 
users favour disproportionately the transport services and 
systems that do not charge their full cost. If costs are being 
allocated on the basis of significantly different principles in 
different States or local itles, not only will significant 
distortions affect competition between transport operators but It 
will be very difficult to develop Community-wide transport 
systems In a more Integrated way. Furthermore, wide variations 
in cost Imputation will make It more difficult to develop a 
coherent approach to Community aids pol Icy as a means, in 
appropriate cases, of relieving pressure on systems under stress 
through the promotion of alternatives. The conditions under which 
aids may be used for this purpose by reducing user costs should 
be based on a common approach to the charg Ing of costs in the 
first place. 
-104 -
346. Given the complexity of this problem, it makes sense to proceed 
in stages. In the short term, emphasis wi 11 be placed on the 
development of a framework for the imputation of infrastructure 
costs. Particular attention will be given, in the light of the 
I imited progress made in the 1992 programme on the harmonisation 
of excise duty on diesel fuel, road tol Is and charges to 
possibi Ii ties for adopting a truly territorial system of taxation 
of heavy goods vehicles. In the medium term, proposals wl I I need 
to be made concerning charging for externalities so that 
environmental problems wi I I be addressed by the fundamental 
economic mechanisms at work in the transport sector. 
347. Regimes applicable to civi I I iabl I ity and Insurance wi 11 also 
require attention. At present, damage to property and persons 
caused by transport activities is subject to a variety of 
national rules and practices. Some sectors are not subject to any 
Commun I ty or I nternat iona I framework at a I I. In others, notab I y 
a i rC68), seaC69) and ra i I (70) transport, internat iona I 
frameworks do exist but they wi I I often leave considerable scope 
for rather divergent national solutions. Moreover, these 
international arrangements are not necessarily adapted to current 
conditions, for example, because monetary cei I ings do not reflect 
current values. In any event, they were not designed with the 
needs of a single transport market in mind. The proposal for a 
directive on the I iabl I ity of suppliers of services, if adopted, 
would introduce a measure of harmonisation for damage to 
passengers and their baggage when the damage concerned is not 
covered by international agreements ratified by the Member 
States. However, it is uncertain whether the directive will be 
adopted in this form. In any case, its adoption would not affect 
the situation as regards freight. 
348. Whether further Community initiatives are needed and, if so, what 
form they should take are quest Ions which Involve a number of 
complex issues. These need to be Investigated for different modes 
and trades as wel I as for intermodal transport as a whole. The 
investigation will need to address the potential contributions of 
different levels of policy making and execution, national 
Conwunity, and international. Preparatory work has already begun 
concerning, In particular, the aviation sector, intermodal 
transport and dangerous goods. 
349. Initiatives will also be taken In the area of aids policy, after 
discussion on a multilateral basis with Member States and taking 
into account the views of the transport Industry and its 
customers. These initiatives will seek to eliminate unnecessary 
bureaucracy while ensuring that the distortive effects of aid 
measures will not compromise the establishment of a level playing 
field within the single market and that an °aid race" is not 
started due to the wishes of Member States to protect their 
national transport industries. 
Warsaw Convention (1929) -The Hague Protocol (1955) -Montreal Carrier Agreement (1955). 
Brussel a Convention (1957) -Athena Convention (1974) 
CX>TIF -CIV "(1980) 
-105 -
350. On the one hand, it may be possible to modify Community 
requirements on notification of aids by the adoption of a de 
minimis rule and in addition, the present exemptions applicable 
to inland transport, notably as regards public service 
obligations, might be extended to air and maritime transport. 
351. On the other hand, as already explained, the opening up of 
transport markets to more competition as a resu It of the 1992 
progranvne means that greater attention has to be paid to 
subsidies wh i eh cou Id unfair I y advantage part i cu I ar operators. 
To this end, the Commission intends first to develop and maintain 
an inventory of State aids in the different transport sectors. 
It will also propose measures, where necessary, to increase the 
transparency of the financial accounts of the entities 
responsible for providing transport infrastructure and services 
so that the inventory will better reflect the reality of the 
different ways in which they may be supported. For the same 
reason, it will examine whether prior notification requirements 
could be developed to cover, in addition to interventions which 
are undoubtedly aids, other interventions involving a real 
poss i bi I it y of subvent ion though not necessar I I y in a I I cases. 
It will also re-examine its guidelines on the criteria used to 
evaluate whether State aids are compatible with the Treaty with a 
view to adapting them to the current characteristics of the 
sector while ensuring that they remain coherent with the 
Convnission's approach in other fields. One of the main 
objectives of this latter exercise wl I I be to indicate as clearly 
as possible to national and local authorities the scope which is 
available for interventions within the I lmits of Article 92. 
352. Beyond the issue of the Community framework for national and 
local aids Is the question of Community level actions to support 
the adaptation and development of particular transport sectors, 
often referred to as "positive measures". 
353. In the maritime field, further action will be needed to address 
the continuing problem of the erosion of the Community's fleets. 
Nat Iona I in It I at i ves have so far not produced a sat I sfactory 
solution to the problem which poses a threat to the vlabil lty of 
the Community's maritime industries taken as a whole. A 
coordinated approach is called for Including further development 
of the proposed EUROS register and measures to ensure that 
Community shipowners are not put at an unfair disadvantage by the 
failure of the authorities of States responsible for flags of 
convenience to enforce accepted standards. This matter is 
addressed further In the section on safety below. Attention wi I I 
also be given to the development of short-sea shipping In the new 
context of a liberalised Internal market and Its extension to the 
European Economic Area and beyond into Eastern and Central 
Europe. The Maritime Industries Forum has Identified this field 
as one in which action should be taken as a priority matter. 
-106 -
354. In inland navigation, the scrapping scheme to deal with over 
capacity wi I I be re-examined with a view to the continued 
modernisation of the Community fleet and further measures wll I be 
proposed to assist the process of its adaptation to the needs of 
the Community market and the opening of the canal network to the 
east. 
355. As to road haulage, the industry In some Member States faces 
considerable problems of adaptation to competition In a 
Community-wide market, particularly where large numbers of very 
small firms have been able to survive in protected national and 
even I oca I markets. The process of adapt at I on w i I I have to be 
managed If poss I b I y disruptive er I ses are to be avo I ded. To 
assist that process, the conditions for access to the profession 
as we 11 as the reg Imes for ensuring comp I i ance with Ii cens i ng 
conditions and for road worthiness testing of vehicles will be 
re-examined. The objective will be to see whether adaptations to 
the Community framework are needed in order to assist the 
necessary re-structuring and modernisation of the industry and, 
at the same time, to ensure fair competition between operators. 
The role of Quality assurance on the basis of international 
standards I Ike ISO 9000 wi I I be the subject of particular 
attention in this context. It may contribute to a solution which 
is particularly attractive from the subsidiarity point of view by 
reducing the need for both detailed rules at Community or 
na t i ona I I eve I and more burdensome cont ro Is on a case-by-case 
basis. 
356. In relation to intermodal transport, consideration wi II be given 
to favourable tax treatment for road vehicles respecting high 
safety and environment standards used In lntermodal operations. 
Guidelines will be developed for aids to attract operators to 
lntermodal transport, particularly aids to investment. 
Furthermore, proposals will be put forward to facilitate 
cooperation between transport enterprises engaged in lntermodal 
operations and to take Into account recent developments on 
cooperation In the railways field on the basis of Directive 
91 / 440/EEC. Fina I I y, the absence of common I i ab I I I ty for 
intermodal operations makes it necessary to establish what 
Initiatives might be appropriate at Community level taking 
account of activities in relevant international organisations. 
357. Finally, measures should be taken to improve the aval labi I ity and 
Quality of Information on the functioning of the Internal 
transport market. The existing statistical system wl I I need 
strenghtenlng and extending to new areas for which so far no 
Community wide data are available. The future of the present 
•temporary" system for market observation should be decided In 
this context. 
V.1.b TECHNICAL HARMONISATION 
358. Technical harmonisation is essential both to the elimination of 
competitive distortions and to the interoperability of the 
Community's lntermodal systems. 
-107 -
359. As regards Inland transport, priority actions would Include 
improvement of techn i ea I standards for in I and waterway vesse Is 
and standardisation of network interoperabi lty for high-speed 
trains. 
360. Technical harmonisation In civil aviation wll I be pursued through 
actions aimed at the standardisation of ATC/ATM equipment and 
procedures. Further actions would also Include Community 
legislation on the basis of new Joint Aviation Requirements 
(JARS). 
361. In relation to shipping, the need for harmonisation of operation 
of vessel traffic management systems calls for and Justifies 
Community action. Furthermore the Community should play a role 
In support of development of port Electronic Data Interchange 
(EDI) systems compatible with Community directives on 
notification requirements for vessels carrying goods to and from 
EC ports. 
362. F Ina I I y, act ion in the f i e Id of combined transport w I I I i nc I ude 
technical harmonisation of loading units, railway equipment, 
containers and terminals. 
V.1.c RESEARCH AND DEVELOPMENT 
363. The Commission wil I propose within the Fourth Framework Programme 
for research and development a more prominent role for transport. 
This will build upon experience and progress already achieved in 
previous programmes and wil I require, as in the past, the active 
involvement of private enterprise, the scientific community and 
final users. 
364. Transport R&D efforts will be directed first towards supporting 
the development of a multimodal transport system, focusing on the 
complementarity of the different transport modes and developing 
scenarios and analyses at the urban, rural, regional and trans­
European level, as wel I as the interrelat lonshlp between human 
factors and technology. A standard methodology wl I I be 
established for analysing their compatibility with the objectives 
of Community environment policy. Special attention wi I I also be 
given to organisational aspects In order to safeguard an 
effective implementation of technical innovations, including 
telematics, in such a way that the overal Impact is an 
Improvement of complementarity and efficiency adapted to the 
needs of an integrated transport system. 
365. Th Is approach w I I I be supported by the deve I opment of 
technologies for Integrated and optimised transport systems. 
-108 -
366. Telematics technologies should ensure the improved functioning of 
the multimodal transport system, interconnection and 
i nteroperab i I i ty across the different modes. At the moda I I eve I, 
telemat ics R&D wi 11 be pursued further in order to demonstrate 
the performance of solutions based on integrated systems and to 
solve a number of specific problems I ike air traffic management. 
Advanced technologies in this field, currently being developed 
wl thin the Commun I ty and in other i nternat Iona I organ I sat Ions, 
should be taken further with the aim of establ ishlng a single 
unified system. 
367. Research on industrial technologies other than telematics will 
continue to be an important factor for the realisation of the 
different components of the susta i nab I e mob i Ii ty principle. It 
wi I I Include vehicles including their engines, materials, design; 
Infrastructure; systems, urban, rural and trans-European as wel I 
as the economic and ergonomic aspects of these components. 
V.1.d TRANS-EUROPEAN NETWORKS 
368. Community action in this field is focused on the strategic 
definition of the network concept for each mode. This wlll be 
done by adopting a new framework regulation fixing objectives, 
priorities and methods and by establishing the necessary 
guidelines for long term development and by Incorporating 
reQuirements for pan-European systems covering the countries of 
Central and Eastern Europe and the EEA. 
369. The existing networks guidelines will be further developed and 
complemented .. The environmental aspects of the road network wi II 
be given particular attention as will the need for improved 
mobility to benefit the Community's peripheral and more isolated 
regions. The road network guide I ines wi 11 also be extended to 
cover as quickly as possible the deployment of telematlc 
technologies for improving the management of the network. Work 
on the inland waterways network wi 11 concentrate on evaluat Ing 
the market potent i a I of different corridors and on feas i b I I I ty 
studies for priority projects. The development of the high speed 
train networks key I inks wi 11 continue with a view, in 
particular, to improving interconnection and interoperabl I lty 
both within the high speed system and in relation to conventional 
rail and other modes. Pilot projects wil I be launched to realise 
key links of the intermodal transport network, Including Its 
maritime dimension. 
370. The system wi 11 be completed with the development of networks 
guidelines for other modes or sectors. Conventional rail 
guldel Ines wi 11 be put forward to Including I Inks to the high 
speed train and combined transport networks, so as to form an 
integrated basic ral I system. The maritime sector cal Is for 
action on two fronts. First, the role of ports as nodes of the 
network has to be defined. Second, sea corridors as alternative 
to land ones, and their interconnection with the continental axes 
will be Identified to enhance the efficiency of the system as a 
whole. Both lines of action will be included in a proposal for 
guide I Ines for ports. 
-109 -
In parallel with work on technical harmonisation, Community 
guidelines will be proposed for a V.T.S. network for ·maritime 
transport that incorporates safety and environmental objectives. 
Priority w 111 be given to the development of the Mediterranean 
Sea network. Airports also play a fundamental role as nodes of 
the Community transport system. Their Interconnection to land 
modes, Interfaces w Ith urban systems and potent I a I capac I ty to 
meet the probable growth In transport demand wll I be Incorporated 
Into guldel Ines defining the airports network. In addition, the 
Community, working within the appropriate framework and In close 
cooperation with the international organisations and national 
authorities concerned, wl I I present guldel Ines for the 
development of a single unified ATM/ATC system for Europe. 
371. The need to Introduce lntermodal alternatives In the field of 
passenger transport currently marked by the predominance of 
private car and air transport provides the basis for a new 
Initiative. In addition to the existing and future Community 
networks, there is scope for a "Citizen's Network" for collective 
transport composed of inter connected air , bus and r a i I systems 
and services offered by public or private operators. User 
friendly information systems and other facilities such as 
flexible taxi services and quality standards would provide added 
value to such a scheme designed to give a Community dimension to 
high qua I ity public service transport. 
372. Finally, guidelines will be prepared for the Community's 
intermodal system taken as a whole, integrat Ing the guide I Ines 
for the different mode·s and sectors. The objective will be to 
optimise the contribution that each can make, In combination with 
the others, to an efficient, safe transport system which meets 
the Community's environmental objectives. 
-110 -
V.2. SAFETY FOR THE PROTECTION OF THE USER AND NON-USER ALIKE 
373. In the field of road safety, the Commission envisage the adoption 
of a programme based on priority action In the fields of driver 
education and behaviour, technical standards for vehicles and 
Infrastructure aspects of safety. Bearing in mind the 
considerable difference of the levels of road safety between the 
Member States, a f I rst priority w I 11 be to promote exchange of 
Information and experience and set up a Community data bank. The 
Community's approach wlll not always rely on legislation; other 
non-binding Instruments can contribute to achieve the safety 
objective. 
374. In the context of action related to drivers' behaviour, priority 
wlll be given to measures designed to provide support for driver 
education and awareness programmes at national and local level. 
The basic objective wl I I be to promote less aggressive driving by 
drawing on experiences gained throughout the Community. 
Legislative measures will concentrate on basic rules of the road 
and road signs. In relation to vehicle safety, measures will be 
adopted to improve passive and active safety through R&D, 
construct ion standards and roadwor t hi ness test i ng. As to 
infrastructure, the Community should play a role through the 
development of standards and the generalisation of best practice 
In the context of the trans-European road network as wel I as more 
generally appl lcable recommendations on road design, construction 
and maintenance. 
375. Community act Ion In the f leld of air safety wl 11 have to take 
into account the work of the relevant international organisations 
such as the ICAO, ECAC, JAA and Eurocontrol. This WI II enable the 
Community to pursue technical harmonisation on the basis of new 
Joint Aviation Requirements established by the JAA and to develop 
a single unified ATM system for Europe In close cooperation with 
Eurocontrol and ECAC. Research In ATM currently undertaken 
through the EURET, ATLAS, FANSTIC and GAAS projects WIii also 
contribute to this goal. 
376. Priority actions wlll also cover common llcencing requirements 
for cockpit crews and eventually for other categories of 
personnel, such as ground engineers and air traffic controllers. 
377. FI na 11 y, the Comm I ss Ion w I 11 seek to Improve data qua 11 ty and 
collection methods through Community action on mandatory Incident 
report Ing systems, confident i a I report i ng systems and ace i dent 
Investigations. 
378. Community action in the field of maritime safety will Include 
strengthening the work and rules of the IMO by making important 
existing IMO Resolutions mandatory and by setting up a framework 
for a more systemat le implementat Ion of future important IMO 
resolutions in the Community. In so far as is necessary, 
accompanying directives or standards will be developed to avoid 
different safety levels within the Community. Commission 
proposals for an Improved and more effective coordination of the 
action of Member States within the IMO are also foreseen. 
-111 -
The effectiveness of the existing Memorandum of Underst~ndlng on 
Port State Control will be enhanced through mandatory rules for 
inspections of ships presenting an international recognised 
safety or environmental risk and harmonised detention criteria. 
Proposals will be made for providing a uniform legal basis for 
the enforcement of internationally agreed rules, appl I cable to 
al I ships plying to and from European ports, should such a 
framework not exist at international level. 
379. Framework directives fixing essential safety reQuirements and 
putting forward guidelines for their non-divergent Implementation 
within the Community wl 11 be proposed to cover non-convent Ion 
ships such as passenger vessels in national trade, cargo vessels 
of lower tonnage, smaller fishing vessels and recreational craft. 
Internationally agreed safety principles and national safety 
rules, when and where they exist will be taken Into account as 
much as possible In the Commission proposals. 
380. In relation to the transport of dangerous goods, attention will 
be given to the need for more convergent I I ab 11 I ty reg Imes In 
case of accident. Harmonisation measures will be put forward on 
classification, label I ing and packaging of dangerous goods across 
modes. 
V.3. ENVIROtf.fENT 
381. Beyond measures in I, I I above, environment protection wl II 
reQuire stringent standards at Convnunlty level for gaseous 
emissions, energy consumption and noise emissions for the 
different transport means. Legislation and strict application of 
technical directives on Inspection and maintenance of vehicles In 
the field of environmental performance wl I I be essential to 
achieving the reductions in emissions that current technology can 
bring about. Existing Community legislation in this field will 
reQulre updating and strengthening. 
382. In relation to noise disturbance affecting the population living 
In and around airports It will be necessary to ensure that the 
areas surround Ing the a I rports are adeQuate I y protected aga Inst 
an Increase In noise volume, due to the growth in air transport, 
and that no new noise-sensitive activities are allowed near 
airports. Convnunlty action in this field wi I I focus on the 
establishment of a standard method of calculation of noise 
exposure levels and standard noise exposure Indices, the 
Introduction of noise monitoring, land-use rules and noise zoning 
around airports. These measures will need to take account of the 
characteristics of Individual airports. Convnunlty action related 
to environmental performance of Individual aircraft will Include 
non-addition rules for the noisiest aircraft and similarly will 
establish stricter standards for NOx emissions .. Community action 
will have to take account of the work of the relevant 
International organisations such as ICAO and ECAC. 
383. Strategic environmental impact assessment wi 11 be an integral 
part of the decision making process for transport infrastructure 
policies, programmes and in.vestment decisions on Individual 
-112 -
projects. In order to provide a level playing field for 
investment decisions in transport Infrastructure, the Community 
should recommend a standard methodology for their cost-benefit 
analysis, including externalities, even if the infrastructure in 
question does not form part of a Trans-European network. 
V.4. SOCIAL PROTECTION 
384. Social measures in transport pol Icy should establish criteria for 
access to the profession and training, seek to Improve living and 
working conditions, protect and promote employment of transport 
workers and encourage social dialogue and col lectlve bargaining. 
385. The Commission intends to ensure that social partners are fully 
associated in the making of policy measures having social 
impl !cations. Where dialogue between the partners leads to 
solutions based on collective agreements, Community intervention 
wl I I either be redundant, or, if need be, defined along the same 
I Ines. 
386. Further Community action will be designed to strengthen criteria 
and conditions for access to the professions and training on 
grounds both of improvements in safety and the necessary 
adaptation of the sectors to the single market. The structure of 
road haulage requires further strengthening of existing rules on 
access. Common training specifications will be put forward for 
certain professions In civil aviation (as above in V.11). The 
Commission wi I I present a proposal for uniform criteria for 
issuing boat master certificates in inland waterways and wi 11 
examine whether to propose legislation on minimum level of 
education and training of maritime officers and captains. 
387. Social considerations, safety and the elimination of competitive 
distortions constitute the reasons Justifying future Community 
Initiatives In the field of working, operating and other times. 
Any relevant measures however, must be adapted to varying 
regulatory situations across modes. In the road sector, 
modification of Community rules on driving hours and rest periods 
Is required as a matter of urgency. To improve weak enforcement 
methods in this area, the Community wi II seek simplification and 
technical modernisation of the current system through the 
development of the modern digital recording equipment as an 
alternative for the tachograph, as wel I as non-legislative 
techniques to generalise best practice. The Community will then 
examine how to proceed in the area of working time. In the field 
of inland waterways, rules on manning and working hours are 
already in force for navigation In the Rhine. The Commission 
intends to propose similar rules for the rest of the Community 
waterways network. The Commission wil I evaluate whether, and, If 
so, what provisions are called for in the railways, shipping and 
civil aviation sectors in close consultation with al I the 
organisations concerned, to accompany market pol Icy developments 
in these sectors. 
-113 -
388. Protection and promotion of employment of transport workers will 
continue to be the objective pursued by Community proposals on 
"positive measures" for certain sensitive transport industries. 
Further development of the proposed EUROS register and positive 
measures for inland navigation wi I I contribute to develop Ing 
employment in these areas. 
389. In addition to policies to protect and promote the interests of 
workers, the social dimension of the CTP wi I I also include 
measures in favour of users with reduced mobility. The Community 
will contribute cooperation on information programmes and, where 
needed, proposals for minimum standards on improved 
accessibi I ity. 
V.5. EXTERNAL RELATIONS 
390. The completion of the single market and the establishment of the 
EEA, continuing growth in international mobility of goods and 
people and the democratisation process in Central and Eastern 
Europe cal I for the strengthening of the external dimension of 
the CTP. 
391. A three fold strategy is now proposed consisting of the 
progressive transformation over a given period of existing 
bi lateral arrangements so that they will flt within a framework 
of Community agreement and procedures; the development of a 
global approach to the provision and functioning of transport 
systems in Europe, i nc I ud i ng those of the EEA and Eastern and 
Central Europe; and the reinforcement of the Community's role in 
relevant international organisations. 
392. As regards the transformation of existing bi laterals between 
Member States and third countries, the Commission wi I I present to 
the Council proposals concerning shipping and inland transport. 
In some cases It may be necessary for the Community to go beyond 
the framework of Convnun I ty b I I atera I arrangements and cons I der 
the development of a system of multilateral negotiations with 
groups of countries. 
393. The necessity to develop Europe wide transport networks and 
Integrate the broader European transport market must be pursued 
further as stressed in the Prague Declaration adopted by the Pan 
European Transport Conference in 1991. Steps already undertaken 
In this direction now need to be complemented by other measures 
to cover, in particular, the CIS and the newly independent Balkan 
States. 
394. The Community's participation in international organisations 
should be re-examined with a view to ensuring that it can 
participate as effectively as possible in work on matters fall Ing 
w Ith In Its competence. The poss I b 11 it I es for the Community to 
become a member of international organisations should be 
explored. At the same time, the opportunity should be taken to 
re-evaluate the roles of the different organisations dealing with 
transport Issues, particularly In Europe, with a view to 
achieving the most effective division of responsibi I ities. 
Annex 
Annex 11 
Annex 111 LIST OF ANNEXES 
Tab I es I and I I 
Maps 
Main new pol Icy initiatives for the Common Transport 
Pol icy (1993-1994) 
1970 
1975 
1980 
1985 
1989 
1990 
(1) EUR-12 
Source 
(2) WI thout 
(3) WI thout 
(4) WI thout 
(5) WI thout 
1970-1975 
1975-1980 
1980-1985 
1985-1989 
1989-1990 
1970 
1975 
1980 
1985 
1989 
1990 EC-Freight Transport 
Thousand Million tonne-kilometres(l) 
Rai I Road lnl .Water- P ipel Ines 
ways 
207 377(2) 101 60 
177 459(2) 95 69 
194 581(3) 104 80 
181 634(4) 95 61 
181 784(4) 104 62 
176 797(5) 105 63 
: ECMT 
P, IRL 
GR 
p 
P, GR, IRL 
Average Annual Growth Rates 
Rai I Road lnl .Watet- Pipe I Ines 
ways 
-3. lX +4.0X -1.2% +1.0% 
+1.8% +4.8% +1.8% +1.0% 
-1.2% +1 .1% -1.3% -5.3% 
-0.1% +6.7% +1.7% +0.4% 
-2.7% +1.7% +1.0% +1.6% 
Modal Shares 
Rai I Road lnl .Water- P ipel Ines 
ways 
27.8% 50.6% 13.6% 8.0% 
22.1% 57.4% 11.9% 8.6% 
20.2% 60.6% 10.8% 8.4% 
18.6% 65.3% 9.8% 6.3% 
16.0X 69.3% 9.2% 5.5% 
15.4% 69.9% 9.2% 5.5% ANNEX I 
TABLE I 
Total 
745 
800 
959 
971 
1131 
1141 
Total 
+1.3% 
+3.7% 
+0.2% 
+3.9% 
+0.9% 
Total 
100% 
100% 
100% 
100% 
100% 
100% 
ANNEX I 
TABLE 11 
EC-Passenger Transport 
Thousand Million Passenger-kllometres(1) 
Ral I Buses and Private Alr(2) Total 
Coaches Cars 
1970 182 214(3) 1390(3) 41 1827 
1975 200 249(3) 1701(3) 66 2216 
1980 209 278(3) 2033(3) 92 2612 
1985 218 284(3) 2200(3) 138 2840 
1989 231 302(4) 2685(4) 180 3398 
1990 231 313(5) 2776(4) 196 3516 
(1) EUR-12 
Source : ECMT 
(2) estimates; traffic departing and landing Inside EC only 
(3) WI thout L, IRL 
(4) WI thout L, IRL, GR 
(5) WI thout 8, GR, IRL, L 
Average Annual Growth Rates 
Ral I Buses and Private Air Total 
Coaches Cars 
1970-1975 +1.9% +3.1% +4.1% +10.0% +3.9% 
1975-1980 +0.8% +2.2% +3.6% +6.9% +3.3% 
1980-1985 +0.8% +0.4% +1.6% +8.4% +1.7% 
1985-1989 +1.4X +1.6% +5.1% +6.9% +4.6X 
1989-1990 +0.5% +3.7% +3.4% +8.9% +3.4% 
Modal Shares 
Rai I Buses and Private Air 
Coaches Cars 
1970 10.0% 11.7% 76.1% 2.2% 
1975 9.0% 11.2% 76.8% 3.0% 
1980 8.0% 10.6% 77.8% 3.5% 
1985 7.7% 10.0% 77.5% 4.9% 
1989 6.8% 8.9% 79.0% 5.3% 
1990 6.6% 8.9% 79.0% 5.6% 
Anchorage ~ Tokyo  ~ Osaka Vancouver 
European Communit}' 
Airlines 
5th freedom operations 
beyond USA (zero US 
Cabotage) 
(Summer 1991) Mexico San Jose Tampa Orlando "(J San Juan · -~ 
~ 
~ 
St. Maarten 1 )> 
?. z m .. x 
..... ..... 
US airlines 
5th Freedom operations 
within and beyond the 
European Community 
(Summer 1991) 
~ 
b 
[;J 
. () 
0 
Nairobi \ 
~ 
~ 
~ 
J:> z z m 
X 
H 
H 
ME.S.,: -1 -
PRIORITIES FOR THE CCN\EN 
TRANSPORT POL ICY ANNEX 111 
1) DEVELOPMENT AND INTEGRATION OF COMMUNITY TRANSPORT SYSTEMS 
1.a) Economic and regulatory framework 
1.b) Technical harmonisation 
1.c) Network development 
1.d) Research and development 
2·) SAFETY IN TRANSPORT 
3) ENVIROtMENT PROTECTION 
4) SOCIAL PROTECTION 
5) EXTERNAL RELATIONS 
1. DEVELOPMENT AND INTEGRATION OF COMMUNITY TRANSPORT SYSTEM 
1.a. Economic and Regulatory Framework 
Charging of Infrastructure costs and external I ties, including the 
use of fiscal Incentives, and a territorial Community heavy goods 
vehicles tax system 
Abol It Ion of restrictions on rental of goods vehicles and buses 
In other Member States and own account transport services 
(follow-up to regulation 881/92) 
Positive measures for the development of inland waterways. 
Strengthening of EUROS proposals, positive measures and 
promotion of short sea shipping 
Inventory of State Aids, criteria for State Aids evaluation, 
notification requirements for State Aids 
Setting up statistical systems on transport of goods by sea and 
road accidents 
Freedom to provide international services in the taxi sector 
1.b. Technical Har110nlsatlon 
Technical harmonisation for Inland waterway vessels; road 
vehicles; combined transport and ral lways, in particular, network 
Interoperability for high speed trains 
Evaluation of Increasing dimensions of containers on economy, 
Infrastructures and safety; harmonisation of loading units (swap 
bodies and containers) 
Standardisation of Air Traffic Control (ATC) equipment, 
development of Vessel Traffic Systems (VTS) and ports Electronic 
Data Interchange (EDI) systems 
1.c. Research and development 
Establishment of a coherent transport related R&D approach in the 
fourth framework programme 
Continuation of actions concerning traffic management, logistics 
and demand for al I mod~s of transport, transport related to 
environment Issues 
Establ lshment of practical cooperation with other European R&D 
organisations In the field of transport, notably EUREKA, 
EUROCONTROL, COST, OECD 
1.d. Network development 
Framework regulation; guidel Ines for conventional railways, ports 
and airports, Air Traffic Management (ATM) and Vessel Traffic 
Management (VTM); actions to ensure system integration and 
mu I t i moda I i t y 
Deployment of telematics within guidel Ines already proposed, 
notably road 
Guldel Ines for a "Citizens' Network" of intermodal passenger 
services 
Framework for contributing to transport network Infrastructure In 
third countries (notably Eastern and Central Europe) 
2. SAFETY IN TRANSPORT 
Implementation of a road safety programme Including priority 
actions In the field of driver education and behaviour, vehicle 
safety and Infrastructure 
Strengthening of Community legislation on the carriage of 
dangerous goods for national and International transport 
operations 
Community specifications and operational procedures based on 
Eurocontrol standards, mandatory Incident reporting (MIR) 
systems and aircraft accident investigations 
Convergent application In the Community of International rules on 
safety and pol lutlon prevention at sea; strengthening and 
effective application of Port State Control 
3. ENVIROtMENT PROTECTION 
Revision and strengthening of technical directives on 
roadworthlness of vehicles in the field of environmental 
performance (emissions, noise) 
Encouragement and promotion of safe publ le transport and support 
for local Initiatives in favour of cyclists and pedestrians to 
make a contribution to the quality of urban environment 
Standard noise exposure method of calculation and Indices, non­
addition rules for noisiest Chapter II I aircraft and NOx 
emissions 
Development of systems to manage waste streams and pollution 
prevention from ships 
4. SOCIAL PROTECTION 
Modified rules on access to the profession, training, driving 
hours and rest periods In road haulage 
Manning and working conditions In inland waterways 
Improved transport for people with reduced mobility; 
accessibility requirements 
Convnunlty flight time limitations schemes and minimum training 
requirements for certain professions in clvl I aviation 
Minimum level of education and training of officers on ships 
Working time in different transport sectors 
5. EXTERNAL RELATIONS 
Proposals for and execution of mandates for negotiation of 
agreements with third countries 
External relations In maritime transport, Including actions to 
remove restrictions on the market and to address shipping 
relations with third countries 
Technical assistance to CECE and countries of the former Soviet 
Union including cooperation In ATM/ATC 
Strengthening EC participation and status In international 
organisations deal Ing with transport 
Follow-up of the conclusions of the First Pan European Conference 
held In Prague (Oct 1991) and the Baltic Conference held in 
Szeczsin (March 1992). 
Measures called for by existing legislation 
A number of legislative measures are also called for by existing 
legislation: Improvements In the avallabl I lty and quality of 
Information on the functioning of the Internal transport market; 
criteria relating to the further I lberal lsatlon of ral lways; the next 
phase In the scrapping programme to deal with overcapacity In Inland 
waterways; criteria and methods to evaluate excessively high/low air 
fares; further I iberal isation of national regular road passenger 
services by bus and coach; summer time arrangements. 
ISSN 0254-1475 
.., 
COM(92) 494 final 
·DOCUMENTS 
EN 07 
Catalogue number : CB-CO-92-570-EN-C 
Office for Official Publications of the European Communities 
L-2985 Luxembourg ISBN 92-77-50663-6