COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC89) 572 final 
Brussels, 27 November 1989 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 3164/76 concerning 
access to the market in the international carriage of goods by road 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. In Regulation (EEC) No 1841/88,<1> the Council 
- set a Community quota for the carriage of goods by road between 
Member States for 1988 and 1989, and 
- decided to abolish all quotas, including the Community quota, on 
1 January 1993. 
This means that the Community quota should now be decided for 1990, 
1991 and 1992. 
Under Article 3(3) of Regulation (EEC) No 3164/76.<2> as amended by 
the above-mentioned Regulation (EEC) No 1841/88, the Council Is 
required to decide by 31 March 1990 on an increase in the Community 
quota from 1990. The aim of this proposal Is to enable the Council 
to take this decision In time, If possible before the end of 1989, 
as it would be preferable for Community authorizations to be fully 
available in practice from 1 January 1990. 
In addition, under the provisions of Article 3(3) of Regulation 
(EEC) No 3164/76, a report on the effects of the various Increases 
in and the allocation of the Community quota has to be attached to 
the proposal. 
(1)0J No L163, 30.6.1988, p. 1. 
(2) 0J No L357, 29.12.1976, p. 1. 
2 -
2. The increase in the Community quota for 1990, 1991 and 1992 should 
be set at 40% per year. This rate of Increase Is : 
- in line with the policy conclusions adopted by the Council at the 
meeting of 30 June 1986 and the Commission proposal presented In 
November 1986<1>; 
- equivalent to the Community quota increases in 1987, 1988 and 
1989; 
- absolutely essential if the proportion of operations effected 
under Community authorizations is to be increased and complete 
freedom to provide road haulage services between the 
Member States thereby established; 
- a response to market needs since the number of tonne-kilometres 
performed under the Community quota Increased by 37% between 1986 
and 1988; and 
- necessary to ensure a smooth transition to the system which wilt 
be In force from 1 January 1993 and In which there wilt no longer 
be any quantitative restrictions on access to the market (as 
quotas will have been abolI shed). 
3. The extra authorizations resulting from the Increase in the 
Community quota are to be distributed among the Member States on a 
linear basis. 
The linear method of allocation was used for 1989 and has the 
advantage of simplicity. Any other method of distributing Community 
authorisations aimed at ensuring that the Member States all start 
equal when the unrestricted system comes into force on 
1 January 1993, would run Into virtually Insurmountable obstacles. 
(1) 0J No 65, 12.3.1987, p. 4. 
- 3 -
4. By abolishing the present formality requiring a customs stamp on the 
record sheet when a lorry crosses the frontier of the country in 
which the transport operation Is to terminate, this proposal Is also 
In line with the objective set out In Article 8a of the Single Act. 
Although the formality will disappear automatically on 
31 December 1992 when Regulation 1841/88 enters fully Into force, it 
might be useful to make advance preparations for the deadline by 
organizing the gradual dismantling of these border formalities. 
Furthermore, the requirement, enshrined in Regulation 3164/76, is a 
barrier to the elimination of the formality by the Member States of 
the Schengen Group. Hence the proposal to amend Annexes II and lia 
to Regulation 3164/76. 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 3164/76 concerning 
access to the market in the international carriage of goods by road 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and in particular Article 75 thereof, 
Having regard to the proposal from the Commission,1 
Having regard to the opinion of the European Parliament,2 
Having regard to the opinion of the Economic and Social Committee,3 
Whereas under Article 3(3) of Regulation (EEC) No 3164/76,4 as last 
amended by Regulation (EEC) No 1841/88,5 the Council is required to 
take a decision on the increase, from 1990, in the Community quota for 
the carriage of goods by road between Member States; 
Whereas Article 4a of Regulation (EEC) No 3164/76 provides for 
abolition of all quotas, Including the Community quota, from 1 January 
1993; 
Whereas on 30 June 1986, the Council adopted conclusions requiring the 
Community quota to be increased by 40% each year starting In 1987 and 
continuing until the implementation in 1993 of an Intra-Communlty road 
transport market free of all quantitative restrictions; 
1 OJ 
2 OJ 
3 OJ 
4 OJ No L 357, 29.12.1976, p. 1. 
5 OJ No L 163, 30.6.1988, p. 1. 
- 2 -
Whereas, pursuant to those conclusions the Community quota was Indeed 
Increased by 40% in 1987, 1988 and 1989; 
Whereas to ensure that the changeover to the new system applicable from 
1993 is as smooth as possible and does not disturb the market, and to 
ensure that there is complete freedom to provide road haulage services 
between Member States, the Community quota should be increased by 40% 
also in 1990, 1991 and 1992; 
Whereas, as In 1989, the number of authorizations resulting from the 
increase in the Community quota should be allocated to the 
Member States on a linear basis; whereas this method is particularly 
appropriate because of its simplicity; 
Whereas, with a view to the abolition of checks at the Community's 
internal frontiers the requirement for the customs to stamp the 
transport record sheet should be abolished; whereas, consequently 
certain technical amendments are needed to Regulation (EEC) No 3164/76, 
HAS ADOPTED THIS REGULATION : 
Article 1 
Regulation (EEC) No 3164/76 is hereby amended as follows: 
1. Article 3(1) and (2) are replaced by the following: 
"1. For 1990, 1991 and 1992 the total number of Community 
authorizations allocated to the Member States as a whole in 
the context of the Community quota shall be 33 635, 47 094 
and 65 936 respectively. 
The number of Community authorizations allocated to each of 
the Member States shall be as follows: 
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1990 1991 1992 
Be IgIurn 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom 2918 
2831 
4654 
1291 
3026 
3957 
1316 
3964 
1360 
4125 
1713 
2480 4086 
3964 
6516 
1808 
4237 
5540 
1843 
5550 
1904 
5775 
2399 
3472 5721 
5550 
9123 
2532 
5932 
7756 
2581 
7770 
2666 
8085 
3359 
4861 
2. In Annex II and Annex II bis 
a) the following are deleted: 
point 7 on page (b); 
the last sentence on page (c); 
the footnote appearing under "NB" at the foot of page (d); 
and 
the text on page (e); 
b) the following sentence is added to point 3 on page (b): 
"However, the book has no longer to be checked at the frontiers 
of the Member States." 
Article 2 
This Regulation shall enter Into force on 1 January 1990. 
This Regulation shall be binding in its entirety and directly 
applicable In all Member States. 
Done at Brussels , For the CounclI 
The President 
Assessment of the Impact on SMEs and employment of the proposal for a 
Council Regulation amending Regulation (EEC) No 3164/76 on access to 
the market In the International carriage of goods by road 
1. Administrative obligations arising out of the Implementation of the 
proposed Regulation 
The proposal will result in businesses having fewer administrative 
formalities to complete: 
- each Community authorization will replace a large number of 
bilateral and transit authorizations; 
- Community authorizations are valid for a full year and for all 
transport links between the Member States whereas bilateral 
authorizations are valid only for one Journey on one bilateral 
11 nk ; 
- frontier formalities (customs stamp on the record sheet) will be 
abolished. 
2. Advantages for undertakings 
The Increase In the Community quota will result in: 
- road hauliers being able to respond even better to market needs-, 
- rationalization of services; 
- a corresponding reduction in costs; 
- a reduction in administrative formalities (see point 1). 
3. Disadvantages for undertakings 
The increase In transport capacity Is likely to result In greater 
competition between road hauliers. 
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4. Effects on employment 
The proposal does not seem likely to affect employment levels In the 
sector in question. 
5. Has there been prior consultation of the social partners? 
Not on this proposal, but consultations were held on the previous 
proposal, COM(86)595 flnal/2 (OJ C 65 Of 12 March 1987, p. 4), part 
of which (the 40% per year Increase In the Community quota) has been 
included in this proposal. 
In connection with the earlier proposal the ESC1 drew attention to 
the danger of overcapacity. This reflected the views of the road 
hauliers, trade unions, railways and transport auxiliaries but the 
users approved the proposal. 
6. Is there an alternative Involving less constraint? 
No. 
1 Opinion of 1 June 1987 (OJ 232 of 31.8.1987, p. 34). 

ISSN 0254-1475 
COM(89) 572 final 
DOCUMENTS 
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ISBN 92-77-55152-6 
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