Proposal for a Council Directive amending Council Directive 96/53/EC, laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (98/C 261/07) (Text with EEA relevance) COM(1998) 414 final - 98/0227(SYN)

(Submitted by the Commission on 10 July 1998)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 75 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the Economic and Social Committee,

Acting in accordance with the procedure set out in Article 189c of the Treaty, in cooperation with the European Parliament,

Whereas Council Directive 96/53/EC (1) prolongs and establishes measures concerning the maximum authorised weights in international traffic for certain road vehicles;

Whereas the existing measures in favour of the performance and the competitive position of combined transport have insufficient impact, and should be improved to encourage the transfer of goods from road transport to modes which are more environmentally friendly, safer, more energy efficient and cause less congestion like rail, inland waterways and maritime transport for the longer part of the journey;

Whereas in conformity with the principle of proportionality as set out in Article 3b of the Treaty, the most efficient solution to improve the competitive position of combined transport as far as vehicle weights are concerned, without distorting competition between the Member States, is to amend Council Directive 96/53/EC;

Whereas transporters should be able to rely on the option of using a maximum authorised vehicle weight of 44 tonnes for road transport as part of a combined transport operation involving the carriage of different transport units in the whole Community; whereas Member States can require three-axle motor vehicles in this case to prevent extra road damage;

Whereas in order to compensate the extra weight of a container or swap body and at the same time in order that the use of a two-axle tractor should not lead to the axle-weight limits being exceeded, it is appropriate that in such a case a maximum vehicle weight of 42 tonnes should be allowed,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 96/53/EC is amended as follows:

1. The following indent is added to Article 2

'- "combined transport" means the transport of goods as defined in Article 1 of Council Directive 92/106/EEC (*).

(*) Council Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States, (OJ L 368, 17.12.1992, p. 38, as amended by Council Directive . . .)`.

2. In Article 6(5), the second sentence is amended to read as follows:

'As regards vehicles referred to in points 2.2.1(c), 2.2.2(c) and 2.2.2(d) of Annex 1, the entry "44 tonnes" or where applicable "42 tonnes" shall be included in brackets under the maximum authorised weight of the vehicle combination`.

3. In Annex 1 a new point 2.2.1(c) is inserted:

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4. Annex 1, point 2.2.2(c), is amended to read as follows:

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5. In Annex I a new point 2.2.2(d) is inserted:

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Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 2000. They shall immediately inform the Commission thereof.

2. When Member States adopt these measures, they shall contain a reference to this Directive or shall make such a reference on the occasion of their official publication. Member States shall lay down the methods of marking such a reference.

3. Member States shall communicate to the Commission the provisions of domestic law which are in force or which they adopt in the field covered by this Directive.

Article 3

The present Directive shall enter into force on the 20th day after its publication in the Official Journal of the European Communities.

Article 4

This Directive is addressed to the Member States.

(1) Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59).