No C 54/30 Official  Journal  of the European  Communities 8. 3. 76 
Proposal  for a Council  Regulation  on a system  of reference  tariffs  for the carriage  of 
goods  by inland  waterway  between  Member  States 
(Submitted  to the Council  by the Commission  on  15 December  1975) 
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  organization  of the  market  for  the 
carriage  of goods  must  be designed  according  to the 
rules  of the  market  economy  in order  to ensure 
optimum  allocation  of resources; 
Whereas  such  design  also  extends  to transport  rates 
and conditions  which  constitute  an important  element 
in the  common  transport  policy,  the introduction  of 
which  is required  by the Treaty; 
Whereas,  consequently,  the  fixing  of transport  rates 
and conditions  must  be the  sole  responsibility  of 
transport  undertakings  themselves; 
Whereas  the  policy  of the  Community  with  regard 
to rates  for the carriage  of goods  must  therefore  help 
to maintain  the  fixing  of transport  rates  and 
conditions  in accordance  with  the  market  economy 
on markets  where  such  a system  already  exists,  and 
to introduce  it progressively  to markets  where  States 
still intervene  in rate-fixing; 
Whereas,  with  the exception  of one  case  where  traffic 
has been  subjected  unilaterally  to tariffs,  international 
transport  by inland  waterway  has  not  hitherto  been 
subject  to  tariff  regulation  by  the  authorities; 
whereas  the  system  of inland  waterway  transport 
rates  and  conditions  based  on the  rules  of a market 
economy  must  therefore  be maintained; Whereas,  if that  system  has  not  always  functioned 
optimally,  this  is due  to the  structural  problems  of 
this mode  of transport  for which  solutions  have  been 
decided  on or will  be in the near  future; 
Whereas  such  arrangements  for establishing  rates  do 
not, however,  rule  out  systems  in which  tariffs  are 
established  by the trade  organizations  of the  carriers 
themselves,  after  consulting  the  relevant  socio-
economic  interests,  and  which  individual  undertakings 
are then  recommended  to apply; 
Whereas  the publication  of voluntary  reference  tariffs 
may be a stabilizing  factor  on free  markets,  in so 
far as these  tariffs  reflect  the state  of the market  and 
costs  so that  the parties  to a contract  of carriage  may 
accept  them  as a reasonable  basis  for  bargaining 
about  transport  rates; 
Whereas  it is unjustifiable  to establish  reference  rates 
for transport  via narrow-gauge  waterways,  in so far 
as the  trade  organizations  of  undertakings  in 
transport  by inland  waterway  seek  and  obtain  the 
consent  of the Commission  for such  exemption; 
Whereas,  in the  event  of negotiations  in the  inland 
shipping  sector  on the  establishment  of tariffs  or the 
consultation  of  transport  users  running  into 
difficulties,  an arbitration  procedure  under  public 
law, by the Commission  in the first  instance  and  the 
Council  in the  second  instance,  should  produce 
solutions  which  satisfy  the  interests  of all parties 
concerned; 
Whereas,  in order  to enable  the  business  circles 
concerned  to perfect  this  tariff  system  and  to enable 
the Community  to make  any  changes  considered 
necessary,  it is essential  to establish  a system  for 
observing  trends  in rates  on markets  for  transport 
by inland  waterway; 
Whereas  the system  of reference  tariffs  shall  not affect 
obligations  arising  from  Community  law;  whereas 
in order  to check  compliance  with  those  obligations, 
S.3.7  6 Official  Journal  of the European  Communities No C 54/31 
the Commission  and  the  Member  States  must  have 
powers  to require  the  notification  to them  of the 
actual  transport  rates  charged, 
HAS  ADOPTED  THIS  REGULATION: 
Article  1 
This  Regulation  shall  apply  to the carriage  of goods 
for third  parties  by  inland  waterway  between 
Member  States  of the  European  Communities, 
including  goods  coming  within  the  purview  of the 
Treaty  establishing  the  European  Coal  and  Steel 
Community.  It shall  not  apply  to cross-frontier 
inland  waterway  transport  if the  place  of loading 
and unloading  is in the same  State. 
Article  2 
1. The  transport  operations  referred  to in Article  1 
shall  be subject  to a system  of reference  tariffs. 
2. Reference  tariffs  shall  constitute  an indication  for 
determining  transport  rates,  which  users  and 
transport  undertakings  shall  be free  to fix at their 
discretion  according  to the  market  situation  and 
their  own  interests. 
Article  3 
1. The  system  of reference  tariffs  shall  include 
bilateral  and  multilateral  tariffs. 
2. Reference  tariffs  shall  be established  either  on 
the basis  of general  tariffs  or on the basis  of special 
tariffs.  They  shall  be  differentiated  by  all  the 
criteria  which  contribute  to the establishment  of rates 
which  relate  to costs  and  the market  situation. 
3. Reference  tariffs  shall  incorporate  prices  and  inci-
dental  charges  and  all rules  required  for calculating 
the transport  rate. 
4. Reference  tariffs  shall  be established  in such  a 
way as to lead  to the  charging  of transport  rates 
which  cover  the costs  of the  corresponding  services 
including  general  overheads  and  the like,  and  a fair 
profit. 
Article  4 
1. Reference  tariffs  shall  be established  jointly  by 
the trade  associations  of inland  waterway  carriers in the  Member  States  concerned,  in bilateral  or 
multilateral  negotiations.  To  this  end  they  shall 
consult  organizations  representing  transport  users, 
agents  and  providers  of ancillary  services,  and 
transport  workers. 
2. When  the  negotiations  referred  to in paragraph 
1 have  been  concluded,  the  trade  organizations  of 
the inland  shipping  industry  shall  forthwith  ensure 
that the  tariffs  are published  in the trade  press  and 
recommend  their  application  to contracts  for  inter-
national  carriage  by  inland  waterway.  Reference 
tariffs  shall  be available  for the consultation  of those 
participating  in the  market  in the  major  chartering 
places  of international  inland  waterway  transport. 
3. The  provisions  of paragraphs  1 and  2 shall  apply 
mutatis  mutandis  in the  event  of alterations  to the 
reference  tariffs. 
4. The  Member  States  shall  designate  the 
organizations  and  chartering  places  referred  to in 
paragraphs  1 and 2. 
Article  5 
1. If the  negotiations  referred  to in Article  4 with 
a view  to altering  the  reference  tariffs  fail,  the 
organizations  concerned  shall  submit  the  dis-
agreement  to the  Commission. 
2. Within  one  month  from  the  date  of receipt  of 
the information,  the Commission  shall  take  a Decision 
on the  matter,  after  consulting  the  Committee 
referred  to in  Article  6, (1)  (a)  of  Council 
Regulation  (EEC)  No  (1).  This  Decision 
shall  be published  in the  Official  Journal  of the 
European  Communities. 
3. The  Decision  of the  Commission  shall  become 
enforceable  one  month  from  the date  of publication 
unless,  meanwhile,  a Member  State  brings  the matter 
before  the Council.  In that  event  the  Council  shall 
take a Decision  by a qualified  majority  on the dispute 
within  one  month  and  publish  the  Decision  in the 
Official  Journal  of the European  Communities. 
Article  6 
1. The  trade  organizations  of inland  waterway 
transport  undertakings  may  ask  to be exempted, 
subject  to the  Commission's  authorization,  from 
establishing  reference  tariffs  for  traffic  originating 
(*) Council  Regulation  of concerning  a system  of 
observing  the  markets  for  the  carriage  of goods  by 
rail, road  and  inland  waterway  between  the  Member 
States  (OJ  No L ). 
No C 54/32 Official  Journal  of the European  Communities 8. 3. 76 
from  and  terminating  in waterways  with  a gauge 
precluding  their  use  by vessels  capable  of carrying 
over  400  metric  tons. 
2. When  examining  such  requests,  the  Commission 
shall  take  particular  account  of the  regularity  of the 
traffic  concerned  and  its volume  and  the effect  of the 
lack of a tariff  on the  transport  market  concerned 
and on the tariff  system  as a whole. 
Article  7 
1. The  transport  undertakings  shall  communicate  to 
the Commission  and  to the competent  authorities  of 
the Member  States,  upon  request,  any  information 
relating  to rates  operative  for  the  international 
carriage  of goods  by inland  waterway. 
2. The  Commission  shall  establish,  if need  be,  a 
uniform  outline  programme  for  these  communi-
cations. 
3. Information  regarding  individual  undertakings 
obtained  pursuant  to this  Article  shall  be covered 
by the obligation  of professional  secrecy. 
Article  8 
The Commission  shall,  by 1 December  each  year  and 
after  consulting  the  Advisory  Committees  provided 
for in Article  6 (1)  (a)  and  (b)  of  Council 
Regulation  (EEC)  No  (*),  draw  up a report 
on the  trends  in rates  and  conditions  of transport  in 
transport  by  inland  waterway  between  Member 
States. 
Article  9 
1. After  consulting  the  Commission,  the  Member 
States  shall  in due  time  adopt  the  legal  and administrative  provisions  necessary  for  the  imple-
mentation  of this  Regulation. 
2. At  the request  of a Member  State,  or on its own 
initiative,  the Commission  shall  consult  the  Member 
States  with  regard  to the  drafts  of the  laws  and 
administrative  provisions  referred  to in paragraph  1. 
3. The  Member  States  shall  afford  assistance  to each 
other  and  to the Commission  for the purposes  of the 
application  of this  Regulation. 
Article  10 
The provisions  of this  Regulation  shall  not  apply  to 
any obligation  covered  by the  Treaty  establishing 
the European  Coal  and  Steel  Community. 
Article  11 
Reference  tariffs  for the carriage  of goods  by inland 
waterway  between  Member  States  shall  be published 
not later  than  31 December  1977.  The  negotiations 
referred  to in Article  4 shall  begin  as soon  as this 
Regulation  enters  into  force.  If there  is no result 
before  30 September  1977,  the points  in dispute  will 
be submitted  to the  Commission  as laid  down  in 
Article  5. 
Article  12 
This  Regulation  shall  enter  into  force  on 1 January 
1977. 
This  Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States. 
(*) Council  Regulation  of concerning  a system  of 
observing  the  markets  for  the  carriage  of goods  by 
rail, road  and  inland  waterway  between  the  Member 
States  (OJ  No L ).