28. 5. 79 Official  Journal  of the European  Communities No C 133/25 
Opinion  on the proposal  for a Council  Regulation  on the adjustment  of capacity  for the 
carriage  of goods  by road  for hire  or reward  between  Member  States 
The text  referred  to the Committee  has been  published  in Official  Journal  of the European 
Communities  No  C 247  of 18 October  1978,  page  6. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 16 October  1978  the Council  referred  the abovementioned  proposal  to the Economic  and 
Social  Committee  in accordance  with  Article  75 of the Treaty  establishing  the European 
Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 166th 
plenary  session  held  in Brussels  on 21 and  22 February  1979. 
The full  text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the Treaty  establishing  the European 
Economic  Community,  and  in particular  Article  75 
thereof, 
Having  regard  to the request  made  by the Council  of the 
European  Communities  on 16 October  1978  for  an 
opinion, 
Having  regard  to the decision  taken  by its Bureau  on 
26 October  1978  instructing  the Section  for Transport 
and Communications  to draw  up an opinion  on the 
matter, 
Having  regard  to the opinion  issued  by the Section  for 
Transport  and  Communications  at its 124th  meeting 
held on 7 February  1979, 
Having  regard  to the  oral  report  submitted  by the 
rapporteur,  Mr  Renaud  (Article  29 of the  Rules  of 
Procedure), 
Having  regard  to the discussions  at its 166th  plenary 
session  held  on 21 and  22 February  1979  (meeting  of 
22 February), 
Whereas  the carriage  of goods  by road  for hire or reward 
between  Member  States  is at present  regulated  to a large 
degree  by a system  of bilateral  agreements  between  the 
Member  States  concerned; 
Whereas  the Commission  feels  that  in order  to facilitate 
the transition  from  the present  system  to an integrated 
common  market  in transport,  the system  of bilateral 
agreements  should  be  incorporated  in provisions 
adopted  under  the common  transport  policy, HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a majority,  with  eight  votes  against  and  four 
abstentions: 
1. General  comments 
1.1. The  Committee  has examined  the Commission's 
proposal  in the  light  of the  progress  made  with  the 
common  transport  policy  and the implementation  of the 
market  monitoring  system. 
1.2. The  Commission's  aim  is: 
— to specify  how  bilateral  quotas  are to be laid  down 
for hauls  between  Member  States,  and 
— to bring  in a Community  arbitration  procedure  for 
use in disputes  occurring  in the course  of bilateral 
negotiations  between  Member  States. 
1.3. The  current  state  of affairs  calls  forth  three 
preliminary  remarks: 
1.3.1.  The  Commission  is no longer  seeking  to reduce 
the number  of bilateral  quotas  in favour  of multilateral 
licensing  arrangements,  although  this  was  proposed  in 
1963  in the draft  Regulation  on the introduction  and 
operation  of a Community  quota. 
The Council's  response  to the  draft  Regulation  was 
Regulation  (EEC)  No  1018/68,  which  introduced  a 
quota  system  on an experimental  basis  without  taking 
any action  with  respect  to bilateral  quotas. 
Since  then,  Regulation  (EEC)  No  1018/68  has  been 
extended  and renewed,  the number  of authorizations  has 
increased  from  1 200 to 3 122  (as of 1 January  1979) 
No C 133/26 Official  Journal  of the European  Communities 28. 5. 79 
and the Community  quota  system  has co-existed  with 
bilateral  schemes,  which  still  cover  the lion's  share  of 
road  haulage  between  Member  States. 
In making  the  present  proposal,  the  Commission  is 
accepting  this situation,  at least  for the immediate  future. 
1.3.2.  The  Commission  proposes  that  the Member 
States  adjust  bilateral  quotas  in the light  of transport 
requirements.  These  requirements  are to be determined 
on the  basis  of objective  economic  criteria.  In this 
respect,  the Commission  thinks  that  use should  be made 
of the market  monitoring  system  which  it is setting  up, 
with the Council's  approval,  for a trial  period. 
1.3.3.  The  Commission  also  proposes  a procedure 
whereby  it may  participate  in bilateral  negotiations. 
This procedure  is based  on the  procedure  which  is 
provided  for  in Article  13 of Regulation  (EEC)  No 
2831/77  of 12 December  1977  on the fixing  of rates  for 
the carriage  of goods  by  road  between  Member 
States  (i). 
Provision  is made  for the Commission  to intervene  in the 
event  of a dispute  between  Member  States  during 
bilateral  negotiations.  It is possible  for a Member  State 
subsequently  to refer  the matter  to the Council. 
Transport  authorizations  issued  under  bilateral 
agreements  are to cover  any  transit  through  a third 
Member  State. 
With  regard  to the  implementation  of Community 
powers  in this  field,  it is proposed  that  the  Council 
should  adopt  measures  concerning  the negotiation  of 
agreements  with  third  countries. 
It is proposed  that  the above  provisions  take  effect  as 
t from  1 January  1980. 
1.4. The  Commission's  objectives  prompt  the 
Committee  to make  the following  general  comments: 
1.4.1.  First  and  foremost,  the Committee  considers 
that any  determination  of road  haulage  capacity  must 
most  certainly  take  account  of the organization  of the 
transport  market  as well  as other  policies  (financial, 
commercial,  social,  etc.)  and the harmonization  between 
Member  States  of the  terms  of competition  of road 
haulage  operators.  This  also  implies  further 
harmonization  of the social  conditions  (hours  of work 
and rest  periods). 
1.4.2.  The  Committee  also  points  out  that  road 
haulage  capacity  must  be assessed  in the light  of the 
possibilities  afforded  by bilateral  quotas,  the Community quota,  the  ECMT  multilateral  quota  and,  where 
applicable,  transport  effected  under  the system  set up by 
the First  Council  Directive  of 23 July  1962  on the 
establishment  of certain  common  rules  for international 
transport  (2). 
1.4.3.  The  Committee  further  considers  that  road 
haulage  requirements  must  be evaluated  on the basis  of 
the objective  criteria  listed  in the proposal.  Yet only  the 
market  monitoring  system  which  is advocated  by the 
Commission  and  is currently  being  tried  out  could 
provide  data  which  would  be comparable  and acceptable 
both to the public  authorities  and  to the economic  and 
social  circles  concerned. 
1.4.4.  Accordingly  the  Committee  considers  that 
procedures  allowing  Community  authorities  to 
participate  in the determination  of bilateral  quotas  could 
not work  efficiently  until  such  time  as the  market 
monitoring  system  is operational.  This  does  not, 
however,  release  the Community  authorities  from  their 
obligation  to take  action  against  existing  over-capacity. 
1.4.5.  Lastly,  the  Committee  considers  that 
Community  procedures  for  the  negotiation  of road 
haulage  agreements  with  non-member  countries  can only 
be envisaged  at a later  stage. 
1.4.6.  In  view  of the  foregoing,  the  Committee 
considers  that  it is too early  for a Council  Regulation  to 
introduce  rigid  procedures  for the negotiation  of bilateral 
road  haulage  quotas. 
2. Specific  comments 
Amplifying  its general  comments,  the Committee  would 
make  the following  remarks  on the Articles: 
2.1. Article  1 
The Committee  considers  that  it would  be better  if the 
present  proposal,  after  amendment,  were  to take  the 
form  of a Directive. 
2.2. Article  2 
2.2.1.  The  Committee  would  refer  to its general 
comments  on (a) the still  experimental  nature  of the 
(*) OJ No L 334,  24. 12. 1977,  p. 22. (:) OJ No 70, 6. 8. 1962,  p. 2005/62. 
28. 5. 79 Official  Journal  of the European  Communities No C 133/27 
market  monitoring  system  and  (b) the  need  to take 
account  of the harmonization  of terms  of competition. 
However,  it considers  that  the information  referred  to in 
Article  2 (2) might  already  constitute  a valid  framework 
for determining  bilateral  quotas  on an objective  basis. 
2.3. Article  3 
2.3.1.  The  Commission  proposes  that  there  should  be 
no restriction  on transit  through  third  Member  States 
when  this  is necessary  for hauls  effected  under  bilateral 
quotas. 2.4. Article  4 
As it observed  in the general  comments,  the Committee 
considers  that  it is not desirable  at the present  time  to 
propose  procedures  for  Commission  participation  in 
the fixing  of all  bilateral  quotas.  However,  such 
participation  may  prove  necessary  in an increasing 
number  of cases  on account  of the  Commission's 
knowledge  of the specific  situation.  The  Committee  also 
considers  that  the Commission  should  be informed  about 
bilateral  transport  capacity  in order  that  it may  assess  the 
situation  on the market. 
2.5. Article  5 
No comment. 
2.6. Article  6 
The Committee  considers  that  this  approach  fails  to 
make  allowance  for the third  Member  State's  interests, 
especially  as regards  the capacity  of this  State's  roads. The Committee  considers  that  a procedure  for 
negotiating  agreements  on road  haulage  quotas  with 
non-member  countries  would  be premature  for the time 
being. 
Done  at Brussels,  22 February  1979. 
The Chairman  of 
the Economic  and  Social  Committee 
Fabrizia  BADUEL  GLORIOSO 
Opinion  on the European  Regional  Development  Fund  third  annual  report  (1977) 
A. LEGAL  BASIS  FOR  THE  OPINION 
At its 162nd  plenary  session  held  on 19 October  1978  the Committee,  acting  on a proposal 
from  the Bureau,  decided  to deliver  an opinion  on the abovementioned  subject  on its own 
initiative. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 166th 
plenary  session  held  in Brussels  on 21 and  22 February  1979. 
The full text of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the fourth  paragraph  of Article  20 of 
the Rules  of Procedure, Having  regard  to the  decision  taken  by  the  full 
Committee  on 19 October  1978  to draw  up an opinion 
on the matter,