COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92)104 final 
Brussels, 25 March 1992 
mm 
I* :••'• Amended 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 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
-i~ 
EXPLANATORY MEMORANDUM 
1. On 26 July 1991 the Commission presented to the Council a proposal for 
a Council Regulation 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. 
The proposal in particular aims at adopting the necessary measures for 
the application of the Regulation (EEC) No. 1841/88, amending 
Regulation (EEC) No. 3164/76 on the Community quota for the carriage of 
goods by road between Member States. The main objectives were the 
realization of the freedom to provide services and the introduction of 
the Community licence, without quantitative restrictions and based on 
qualitative criteria. 
2. The Economic and Social Committee has given its opinion of 2 7 December 
1991. 
3. The European Parliament, during its plenary session of 17 January 1992, 
has approved the proposal of the Commission but has introduced a 
certain number of amendments. 
4. The Commission accepts those amendments of the Parliament which contain 
elements of enrichment or contribute to clarity. Although not 
accepting the amendments which tend to impose certain environmental 
criteria to the vehicles covered by the Community licence, the 
Commission is ready to examine the opportuneness of such an approach 
taking into account the environmental requirements which are to be met 
by the road transport vehicles of the near future. 
- 2 -
Initial proposition 
of the Commission Modified proposition 
according to article 149/3 CEC 
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 
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 Parliament2, 
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; 
1 OJ pm 
2 OJ pm 
3 OJ pm 
- 3 -
Initial proposition 
of the Commission Modified proposition 
according to article 149/3 CEC 
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 13/831 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 1841/882 amending Regulation 
(EEC) No 3164/763, which relates 
to access to the market for the 
international carriage of goods 
by road; 
Whereas Article 4 bis 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 qualitative criteria to be 
satisfied by road hauliers; 
1 European Court Reports 1985, p. 
1556 
2 OJ No L 357, 29.12.1976, p. 1 
3 OJ No L 357, 29.12.1976, p.1 
- 4 -
Initial proposition 
of the Commission Modified proposition 
according to article 149/3 CEC 
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, 
Whereas access to the market based solely 
on qualitative criteria is one component 
of the internal transport market which 
has yet to be completed, equally 
important components of which are: 
- 5 -
Initial proposition 
of the Commission Modified proposition 
according to article 149/3 CEC 
HAS ADOPTED THIS REGULATION: 
Article 1 
This Regulation shall apply to 
intra-Community carriage of goods 
by road for hire or reward. 
Article 2 
For the purposes of this 
Regulation: free cabotage 
harmonization in the fiscal and 
social fields 
harmonization of technical 
standards taking into consideration 
environmental criteria 
the crisis mechanism 
market observation 
the elimination of border controls 
"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; 
- 6 -
Initial proposition 
of the Commission Modified proposition 
according to article 149/3 CEC 
"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 
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 operations in 
question without any 
quantitative restrictions. 
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 legislation and that 
of the Community, to 
carry out intra-Community 
carriage of goods by 
road, 
possesses a Community 
haulier's authorization, 
- 7 -
Initial proposition 
of the Commission Modified proposition 
according to article 149/3 CEC 
shall be allowed to effect 
the transport operations 
referred to in Article 1. 
Article 4 
The Community haulier's The Community haulier's authorization 
authorization referred to in referred to in Article 3 shall replace 
Article 3 shall replace the the authorization, licence, permit or any 
authorization, licence, permit or other facility that hauliers must possess 
any other facility that hauliers prior to the entry into force of this 
must possess in order to carry regulation in order to carry out 
out international transport international transport operations, 
operations. 
Article 5 
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 EEC Treaty. 
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. 
- 8 -
Initial proposition 
of the Commission Modified proposition 
according to article 149/3 CEC 
The authorization shall 
correspond to the model set 
out in the Annex, which also 
lays down the conditions for 
using them. 
The authorization shall be 
made out in the haulier's 
name and may not be 
transferred by the latter to 
third parties. The authorization shall correspond 
to the model set out in the Annex, 
which also lays down the conditions 
of use. 
In case that the holder of the 
authorization is not the owner of 
the vehicle used, a document should 
accompany the vehicle defining the 
right of the holder of the 
authorization in respect to that 
vehicle. 
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. 
- 9 -
Initial proposition 
of the Commission Modified proposition 
according to article 149/3 CEC 
Article 6 
The authorization shall be 
issued for a specified period 
and shall be valid for a 
maximum of six years. 
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 
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: 
whether the haulier 
satisfies, or still 
satisfies, the conditions 
for access to the 
profession of road 
haulier in intra-
Community transport 
operations, and 
- 10 -
Initial proposition 
of the Commission Modified proposition 
according to article 149/3 CEC 
whether the haulier is 
complying with his tax, 
social, technical and 
administrative 
obligations or, in the 
case of an application 
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 
obligations until the said 
conditions are satisfied. 
- 11 -
Initial proposition 
of the Commission Modified proposition 
according to article 149/3 CEC 
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 authorizations 
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. Even if the conditions referred to in 
Article 7 have been satisfied the 
competent authorities may, on the basis 
of existing national legislation, after 
first consulting the Commission, attach 
conditions to the issue extension or 
retention of the authorizations provided 
that those conditions are warranted on 
grounds of safety, protection of the 
environment, and the application of 
social rules, and that they are 
compatible with the right of 
establishmpent and freedom to provide 
services without distorting competition. 
Article 9 
1. The competent authorities 
shall withdraw the 
authorization 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 authorization, or 
- 12 -
Initial proposition 
of the Commission Modified proposition 
according to article 149/3 CEC 
has been convicted, after -
the issue of the 
authorization, 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. has been convicted, after the issue 
of the authorization or during 
periodic checks, 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, the 
highway code and the speed limiting 
device (if obligatory for the 
vehicle in question). 
The Member States determine the 
conditions under which the 
authorizations may, by way of 
derogation from the provisions of 
Article 3 paragraph 2 and articles 
7 and 8, be maintained on a 
temporary basis, for a maximum 
period of one year, in the event of 
the death or physical or legal 
incapacity of the natural person 
engaged in the activity of haulier 
or of the natural person who 
satisfies the conditions of good 
repute and professional competence 
mentioned in the Aticle 3 paragraph 
1 under a) and c) of the Directive 
74/561<1) of the Council of 12 
November 1974. 
(1) OJ No L 308, 19.11.1974, 
p. 18 
- 13 -
Initial proposition 
of the Commission Modified proposition 
according to article 149/3 CEC 
Article 10 
Before 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. The Member States shall give 
each other mutual assistance 
to ensure the application and 
monitoring of this 
Regulation. 
To this end, 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. 
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. 
- 14 -
Initial proposition 
of the Commission Modified proposition 
according to article 149/3 CEC 
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. 
The penalties referred to in 
paragraph 2 above 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. 
If there has been a serious 
breach of this Regulation the 
authorization shall be 
withdrawn immediately. 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 and 
fraudulent actions involving the 
speed limiting device (if 
obligatory for the vehicle in 
question). 
If there have been serious and 
repeated breaches of this 
regulation the authorization shall 
be withdrawn immediately. 
- 15 w 
Initial proposition 
of the Commission 
Article 12 
The following shall be repealed! 
Regulation (EEC) No 3164/76| 
- Articles 1 and 2 of Directly© 
75/130/EEC<1>; 
- the First Directive of 23 
July 1962(2), except as 
regards carriage on own 
account as defined in point 
11 of the Annex I theretof 
Directive 65/269/EEC<3>; 
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, Modified proposition 
according to article 149/3 CEC 
Done at Brussels, For the 
Council 
The 
President 
(1) OJ No L 48, 22.2.1975, pf 
31 
(2) OJ No 70, 6.8.1962; p. 
2005/62 
(3) OJ No 88, 24.5.1965, pf 
1469/65 
(4) OJ No L 18, 24.1.1980, 
p.21 
-n-
The annex remains unchanged 
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 Name of the authority 
Distinguishing sign or responsible body 
Authorization* No 
for the intra-Community carriage of goods by road for hire or reward 
This authorization entitles2 
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 the 
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 foi—tree of the authorization: 
1 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 This authorization is valid 
address of the haulier. 
-n-
from to.. 
Issued in 
on 3 
3 Signature and stamp of the 
authority or body issuing the 
licence. 
-1f-
(b) 
(second page of the authorization) 
(text in the official language(s) of the 
Member State issuing the language) 
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 time1. 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-trailei'—is not registered or authorized to use the roads in the name 
1_ Vehicle, means^a single vehicle .^. . ^ , 
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 
vehicles. 
-1* 
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. 
ISSN 0254-1475 
COM (92) 104 final 
DOCUMENTS 
EN 07 
Catalogue number: CB-CO-92-115-EN-C 
ISBN 92-77-42124-X 
Office for Official Publications of the European Communities 
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