7. 5. 80 Official  Journal  of the European  Communities No C 113/19 
Opinion  on the proposal  for a Council  Directive  on own-account  carriage  of goods  by road 
between  Member  States 
The text referred  to the Committee  has been  published  in Official  Journal  of the Euro-
pean  Communities  No C 41 of 14 February  1979,  page  10. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 12 February  1979  the Council  referred  the abovementioned  proposal  to the Econ-
omic  and Social  Committee  in accordance  with  Article  75 (1) 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 
175th  plenary  session  held  in Brussels  on 30 and  31 January  1980. 
The full  text of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the Treaty  establishing  the Euro-
pean  Economic  Community,  and  * in particular 
Article  75(1)  thereof, 
Having  regard  to the request  made  by the Council  of 
the European  Communities  on 12 February  1979  for 
an opinion, 
Having  regard  to the decision  taken  by its Bureau  on 
20 February  1979,  instructing  the Section  for Trans-
port and  Communications  to draw  up an opinion  on 
the matter, 
Having  regard  to Article  29 of its Rules  of Proce-
dure, 
Having  regard  to the reports  submitted  by the rap-
porteur,  Mr Hatry,  at the 129th  and 130th  meetings  of 
the Section,  held  on 5 December  1979  and  16 Jan-
uary 1980, 
Having  regard  to the Section  opinion  adopted  on 
16 January  1980  at its 130th  meeting, 
Having  regard  to its discussions  at its 175th  plenary 
session,  held  on 30 and 31 January  1980  (meeting  of 
30 January), 
Whereas  the common  transport  policy  envisaged  in 
the Treaty  is intended  to satisfy  transport  require-
ments  under  the best  conditions  for the economy; 
Whereas  this objective  presupposes  the user  to be free 
to choose  the means  and form  of transport  which  best 
meet  his interests,  including  own-account  carriage, HAS  ADOPTED  THE  FOLLOWING  OPINION 
by 33 votes  in favour,  30 against  and  nine  absten-
tions: 
1. General  comments 
The Committee  approves  the proposal  for a Council 
Directive  on own-account  carriage  of goods  by road 
between  Member  States. 
It considers  that  the Commission's  proposal  is fully 
in keeping  with  the basic  objectives  of the Treaty  es-
tablishing  the European  Economic  Community,  par-
ticularly  Articles  2 and 3. The very  aim of the propo-
sal is to attain  those  objectives,  which  are all the more 
pressing  since,  22 years  after  the signing  of the Trea-
ty, there  is no justification  for relations  within  the 
Community  still  to be subject  to quotas. 
It observes  that  the proposal  coincides  with  certain 
dictates  of general  interest  (in the economic,  social 
and energy  fields)  and corresponds  to the interests  of 
consumers. 
2. Specific  comments 
The Committee  considers  that  the possibility  of hir-
ing for at least  one year,  including  leasing,  is particu-
larly  important  for  own-account  carriage.  This 
No C 113/20 Official  Journal  of the  European  Communities 7. 5. 80 
tions  and  to obviate  the danger  of a more  restrictive 
approach  being  adopted  towards  the basic  aim  of in-
tegration  between  the  Member  States  of the  Euro-
pean  Community. 
The Chairman 
of the Economic  and Social  Committee 
Raffaele  VANNI 
ANNEX 
to the opinion  of the Economic  and Social  Committee 
Two amendments  adopted  during  the debate  led to the Committee  rejecting  the following  opinion 
of the Section: 
First  vote 
' 1. General  comments 
The Section  approves  the proposal  subject  to the following  comments: 
1.1. In the Section's  view,  the Commission  is seeking  to liberalize  own-account  transport  be-
tween  Member  States  with  a view  to simplifying  certain  intra-Community  road  transport  oper-
ations.  The adoption  of such  a Directive  by the Council  would  generalize  a trend  which  has al-
ready  been  initiated  on a wide  scale  within  the framework  of bilateral  agreements. 
1.2. However,  this cannot  be envisaged  if confusion  is introduced  in the definition  of own-
account  transport,  for such  confusion  would  enable  irregularities  and abuses  to be masked  to 
the detriment  of sound  regulation  of the hire-and-reward  transport  market,  which  accounts  for 
the chief  of road  haulage  between  Member  States.' 
Result  of the first  vote 
For: 33, against:  30, abstentions:  3. 
Second  vote 
'2. Specific  comments 
2.1. Articles  1 and 2 
In order  to obviate  this danger,  Article  1 of the proposal  should  take  over  the definition  of 
own-account  transport  as set out in Article  9 of Regulation  No 11 of 27 June  1960  (')• This  text 
spells  out the conditions  which  have  to be met  by undertakings  with  own-account  opera-
tions: 
— transport  operations  must  be carried  out with  vehicles  belonging  to or being  purchased  un-
der a credit  transaction  by that undertaking;  the vehicles  must  be driven  by servants  of the 
undertaking, 
— transport  must  only  be an accessory  activity  vis-a-vis  the overall  activity  of the undertak-
ing, 
— the goods  transported  must  belong  to the undertaking  or have  been  sold,  bought,  lent,  bor-
rowed,  hired  out or rented,  produced,  processed  or repaired  by such  undertaking, 
(1) OJ No 52, 16. 8. 1960,  p. 1121. possibility  is already  provided  for  in many  liberal-
ized agreements  on bilateral  links.  The  case  for intro-
ducing  this  possibility  is strengthened  by the need  to 
prevent  disturbances  of existing  commercial  situa-
Done  at Brussels,  30 January  1980. 
7. 5. 80 Official  Journal  of the European  Communities No C 113/21 
— the transport  must  serve  to ship  the goods  to or from  the undertaking  or within  the under-
taking;  transport  outside  the undertaking  must  be for the purposes  of the undertaking. 
In sum,  transport  on own-account  must  only  be accessory  and complementary  to the under-
taking's  main  activity. 
This list should  take  the place  of the present  commentary  on Articles  1 and 2. 
2.2. Consequently,  paragraph  (b) of Article  4 should  be deleted. 
2.3. The  document  mentioned  in paragraph  (a) should  also  indicate  the name  of the owner  of 
the vehicle,  the date  of issue  of the licence  and the name  of the issuing  authority  and the iden-
tity of the staff  employed  by the undertaking. 
In addition,  the document  must  include  the following  particulars  of the goods  being  trans-
ported: 
— nature, 
— ownership, 
— quantity, 
— origin  and  destination. 
2.4. Article  1, first indent,  subparagraph  (b) 
Apart  from  the foregoing,  the Section  notes  that  there  is a mistake  in subparagraph  (b) of all 
language  versions,  which  should  read  as follows  (words  added  in italic): 
"(b) the goods  carried  belong  to the natural  person  or undertaking,  or have  been  sold,  bought, 
lent, borrowed,  hired  out or rented,  produced,  manufactured,  treated,  processed  or re-
paired  by such  person  or undertaking." 
2.5. Article  7 
The Section  thinks  that the date  of 1 January  1980  for the entry  into  force  of the Directive  has, 
as a practical  proposition,  already  been  overstepped.' 
Result  of the second  vote 
For: 35, agafnst:  28, abstentions:  3.