No C 238/2 Official Journal of the European Communities 13.9.91 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) on access to the market for the carriage of goods by 
road in the European Community to or from the territory of a Member State or passing across 
the territory of one or more Member States 
(91/C 238/02) 
COM(91) 293 final 
(Submitted by the Commission on 26 August 1991) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 75 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas the establishment of a common transport policy 
entails 'inter alia' laying down common rules applicable 
to access to the market for intra-Community carriage of 
goods by road on the territory of the Community; 
whereas those rules should be established in such a way 
as to contribute to the attainment of the internal 
transport market; 
Whereas these uniform arrangements for market access 
also entail bringing about freedom to provide services by 
eliminating all restrictions imposed on the provider of 
services as a result of his nationality or the fact that he is 
established in a Member State other than that where the 
service is to be provided; 
Whereas, following the judgment of the Court of Justice 
of 22 May 1985 in Case 13/83 (*) and the conclusions 
adopted on 28 and 29 June 1985 by the European 
Council concerning the Commission's communication on 
the completion of the internal market, the Council 
adopted Regulation (EEC) No 1841/88 (2), amending Regulation (EEC) No 3164/76 (3), which relates to 
access to the market for the international carriage of 
goods by road; 
Whereas Article 4a of Regulation (EEC) No 3164/76, as 
inserted by Regulation (EEC) No 1841/88, provides, 
with effect from 1 January 1993 and with regard to the 
kinds of transport operation referred to herein, to 
abolish transport quotas and to create a free market 
founded not on quantitative restrictions but on quali­
tative criteria to be satisfied by road hauliers; 
Whereas pursuant to Article 4b of Regulation (EEC) No 
3164/76, as inserted by Regulation (EEC) No 1841/88, 
the Council has to adopt the measures necessary to 
implement the aforementioned Article 4a; 
Whereas with regard to the rules for applying the access 
arrangements it is necessary to make intra-Community 
carriage of goods by road conditional on the possession 
of a quota-free Community transport authorization; 
Whereas it is important to ensure that the authorizations 
are issued to hauliers who offer all the qualitative 
guarantees needed for the proper functioning of the 
market concerned; 
Whereas it is necessary to specify the conditions for 
issuing and withdrawing the authorizations and their 
scope, period of validity and details of usage, 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation shall apply to intra-Community carriage 
of goods by road for hire or reward. 
(») [1985] ECR 1556. 
O OJ No L 163, 30. 6. 1988, p. 1. O OJ No L 357, 29. 12. 1976, p. 1. 
13.9.91 Official Journal of the European Communities No C 238/3 
Article 2 
For the purposes of this Regulation: 3. The authorization shall correspond to the model set 
out in the Annex, which also lays down the conditions 
for using them. 
'intra-Community transport operation' means 
journeys undertaken by a laden or unladen vehicle 
during which the vehicle travels from one Member 
State to another or crosses a border between the 
Community and a non-member country with all or 
part of the journey being effected on Community 
territory, 
'vehicle' means a motor vehicle, a trailer, a semi­
trailer or a coupled combination of vehicles used 
exclusively for the carriage of goods. 
Article 3 
1. From 1 January 1993 the transport operations 
referred to in Article 1 shall be subject to a system of 
quota-free Community authorizations which will entitle 
holders to access to the market for the transport oper­
ations in question without any quantitative restrictions. 4. The authorization shall be made out in the haulier's 
name and may not be transferred by the latter to third 
parties. 
Each authorization or certified true copy thereof may be 
used for only one vehicle at a time. In the case of a 
coupled combination of vehicles it shall accompany the 
motor vehicle; it shall cover the whole of the coupled 
combination of vehicles even if the trailer or semi-trailer 
is not registered or put into circulation in the name of 
the authorization holder or is registered or put into 
circulation in a different Member State or in another 
State belonging to the European Conference of Ministers 
of Transport. 
The authorization, or a certified true copy thereof, must 
be produced whenever required by an authorized 
inspecting officer. 
2. Any haulier carrying goods by road for hire or 
reward who: 
— is established in a Member State in accordance with 
the legislation of that State, 
— is entitled in that State, in accordance with its legis­
lation and that of the Community, to carry out intra-
Community carriage of goods by road, and 
— possesses a Community haulier's authorization, 
shall be allowed to effect the transport operations 
referred to in Article 1. Article 6 
1. The authorization shall be issued for a specified 
period and shall be valid for a maximum of six years. 
2. An authorization whose validity is to due to expire 
shall be wholly or partly extended at the holder's request 
for a maximum of six years. 
Article 7 
1. Whenever an application for the issue or extension 
of an authorization is lodged, and at the latest three 
years after the issue or extension thereof, the competent 
authorities shall verify: 
Article 4 
The Community haulier's authorization referred to in 
Article 3 shall replace the authorization, licence, permit 
or any other facility that hauliers must possess in order 
to carry out international transport operations. 
Article 5 
1. The Community haulier's authorization referred to 
in Article 3 shall be issued by the competent authorities 
of the Member State in which the haulier is established 
within the meaning of Article 52 of the Treaty. 
2. Certified true copies of the authorization referred 
to in Article 3 shall be issued by the same competent 
authorities as those referred to in paragraph 1 above. whether the haulier satisfies, or still satisfies, the 
conditions for access to the profession of road 
haulier in intra-Community transport operations, and 
whether the haulier is complying with his tax, social, 
technical and administrative obligations or, in the 
case of an aplication lodged by a new haulier, 
whether it can be assumed, on the basis of general 
rules approved beforehand, that the haulier will 
comply with the said obligations. 
2. Where the conditions in paragraph 1 were not or 
not fully satisfied the competent authorities shall reject 
the application by means of a reasoned decision or shall 
lay down, in respect of the issue or extension of the 
authorization, compliance with certain appropriate obli­
gations until the said conditions are satisfied. 
No C 238/4 Official Journal of the European Communities 13.9.91 
Article 8 
Even if the conditions referred to in Article 7 have been 
satisfied the competent authorities may, on the basis of 
rules in force, after first consulting the Commission, 
attach conditions to the issue or extension of the auth­
orizations provided that those conditions are warranted 
on grounds of safety, protection of the environment, the 
haulier's technical and financial capacity and the 
application of social rules, and that they are compatible 
with the right of establishment and freedom to provide 
services without distorting competition. 
Article 9 
The competent authorities shall withdraw the auth­
orization where the haulier: 
— no longer satisfies the conditions laid down in Article 
3 (2) or no longer satisfies the conditions and 
obligations referred to in Articles 7 and 8, 
— has supplied incorrect information in relation to the 
data required for the issue or extension of the auth­
orization, or 
— has been convicted, after the issue of the auth­
orization, of serious and repeated infringement of the 
provisions governing transport and traffic, notably of 
the rules on access to the market, driving and rest 
periods, the weights and dimensions of vehicles, the 
maintenance, equipment and technical inspection of 
vehicles, drivers' licences, road safety and the 
highway code. 
Article 10 
By 31 January each year Member States shall inform the 
Commission of the number of hauliers possessing an 
authorization and of the number of certified true copies 
issued by the competent authorities in their country 
during the preceding year. 
Article 11 
1. Member States shall give each other mutual 
assistance to ensure the application and monitoring of 
this Regulation. 
To this and, they shall communicate to each other: 
— the names of hauliers possessing an authorization, 
and 
— the number of certified true copies issued to each of 
these hauliers. 
2. Where the competent authorities of a Member 
State learn of an infringement of this Regulation 
committed by the holder of an authorization issued in another Member State, the Member State on whose 
territory the infringement was ascertained shall notify it 
to the authorities of the Member State that issued the 
authorization. 
The competent authorities shall communicate to each 
other and to the Commission, every three months, all the 
information in their possession on the penalties applied 
in respect of those infringements no later than four 
months following the date on which a definitive penalty 
has been imposed. 
3. The penalties referred to in paragraph 2 must be 
non-discriminatory, commensurate with the severity of 
the infringement, and make it possible inter alia to detain 
the vehicle for at least two days but not exceeding six 
days where the following infringements have been 
committed: exceeding driving hours, overloading the 
vehicle, exceeding the vehicle's authorized dimensions, 
excess speed, failure to maintain and equip the vehicle as 
required. 
4. If there has been a serious breach of this Regu­
lation the authorization shall be withdrawn immediately. 
Article 12 
The following shall be repealed: 
— Regulation (EEC) No 3164/76, 
— Articles 2 and 4 of Council Directive 75/130/ 
EEC O, 
— the First Directive of 23 July 1962 (2), except as 
regards carriage on own account as defined in point 
11 of Annex I thereto, 
— Council Directive 65/269/EEC (3), 
— Council Decision 80/48/EEC (4). 
Article 13 
The Member States shall communicate to the 
Commission the measures taken in relation to the 
implementation of this Regulation. 
Article 14 
This Regulation shall enter into force on 1 January 1993. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
(») OJ No L 48, 22. 2. 1975, p. 31. 
(2) OJ No 70, 6. 8. 1962, p. 2005/62. 
(3) OJ No 88, 24. 5. 1965, p. 1469/65. 
(4) OJ No L 18, 24. 1. 1980, p. 21. 
13. 9. 91 Official Journal of the European Communities No C 238/5 
ANNEX 
EUROPEAN COMMUNITY 
(a) 
(DIN A4) 
(First page of the authorization) 
(Text in the official language(s) of the Member State issuing the authorization) 
State issuing the authorization 
Distinguishing sign: Name of the authority or responsible body: 
AUTHORIZATION (l) No 
for the intra-Community carriage of goods by road for hire or reward 
This authorization entitles (2 
to carry goods by road for hire or reward by any route, using a single vehicle or a coupled combination of 
vehicles, from any Member State of th European Community to any other Member State, or between a 
Member State and a non-Community country, or between non-Community countries in respect of that 
part of the journey effected on the territory of the Community, and to move such vehicle or combination 
unladen over any part of the territory of the Community. 
Conditions for use of the authorization: 
This authorization is valid from to.. 
Issued in on. 
C) 
(') The distinguishing signs are: Belgium (B), Denmark (DK), Germany (D), Greece (GR), Spain (E), France (F), Ireland 
(IRL), Italy (I), Luxembourg (L), Netherlands (NL), Portugal (P), United Kingdom (GB). 
(2) Name or business name and full address of the haulier. 
(5) Signature and stamp of the authority or body issuing the licence. 
No C 238/6 Official Journal of the European Communities 13.9.91 
(b) 
(Second page of the authorization) 
(Text in the official language(s) of the Member State issuing the authorization) 
GENERAL PROVISIONS 
This authorization is valid for the intra-Community carriage of goods by road for hire or reward. 
It entitles the holder to carry out, on the territory of the Community, and, where appropriate, on the 
conditions laid down therein: 
— transport operations between Member States, 
— the following types of transport operation in respect of that part of the journey effected in the 
Community: 
— transport operations starting in a Member State and ending in a non-Community country, 
— transport operations starting in a non-Community country and ending in a Member State, 
— transport operations between non-Community countries passing in transit through the territory of 
one or more Member States, 
— unladen journeys by vehicles. 
The authorization is personal to the holder and non-transferable. 
It may be withdrawn by the competent authority of the Member State which issued it, notably where the 
haulier: 
— has not complied with all the conditions for using the authorization, 
— has supplied incorrect information with regard to the data needed for the issue or extension of the 
authorization, 
— has been convicted, after the issue of the authorization, of serious and repeated infringements of the 
provisions governing transport and traffic, notably of the rules on access to the market, driving periods 
and rest periods, the weights and dimensions of vehicles, the maintenance, equipment and technical 
inspection of vehicles, drivers' licences, road safety and the highway code. 
The authorization may be used for only one vehicle at a time ('). In the case of a coupled combination of 
vehicles it must accompany the tractive unit; it covers the coupled combination of vehicles even if the 
trailer or semi-trailer is not registered or authorized to use the roads in the name of the authorization 
holder or if it is registered or put into circulation in a different Member State or in another State belonging 
to the European Conference of Ministers of Transport. 
The authorization must be kept in the vehicle. 
The authorization must be produced whenever required by an authorized inspecting officer. The holder 
must comply on the territory of each Member State with the laws, regulations and administrative provisions 
in force in that State, particularly with regard to transport and traffic. 
(') Vehicle means a single vehicle or a coupled combination of vehicles.