No C 349/26 Official Journal of the European Communities 31. 12. 85 
Proposal for a Council Regulation laying down the conditions under which non-resident carriers may 
operate national road haulage services within a Member State 
COM(85) 611 final 
(Submitted by the Commission to the Council on 5 December 1985) 
(85/C 349/03) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION: 
Article 1 
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, pinsuant to Article 75 (1) (b) of the Treaty, the 
establishment of a common transport policy entails, inter 
alia, laying down the conditions under which non-resident 
carriers may operate transport services within a Member 
State; 
Whereas the freedom to provide national transport services 
implicit in this provision entails the removal of all restrictions 
against the person providing the services in question on the 
grounds of his nationality or the fact that he is established in a 
different Member State from the one in which the service is to 
be provided; 
Whereas, in accordance with the general principles of the 
Treaty as to equality of treatment and with the case-law of 
the Court of Justice on this matter, non-resident carriers 
should be allowed to carry out national transport operations 
under the same conditions as those imposed by the Member 
State concerned on its own carriers; 
Whereas only carriers authorized to perform road haulage 
operations and having a genuine link with a Community 
Member State may be authorized to carry out national 
transport operations in a different Member State from the 
one in which they are established; 
Whereas the number of unladen journeys in international 
traffic should be reduced so as to ensure the more efficient use 
of vehicles and energy and thus improve the productivity of 
international road haulage; whereas, moreover, a reduction 
in the number of vehicles on the road will improve the general 
environment, With effect from 1 January 1987, any road haulier for hire or 
reward who 
— is established in a Member State in conformity with the 
legislation of that country, 
— is authorized in that country to carry out international 
road haulage operations, 
— satisfies the conditions laid down by Council Directive 
74/561/EEC (')on admission to the occupation of road 
hauiage operator in international transport operations 
and by the measures taken to implement that Directive by 
the Member State in which he is established, 
shall be allowed to carry out national road haulage 
operations for hire or reward in a different Member State 
from the one in which he is established; he may temporarily 
pursue therein his activities without having to set up a 
registered office, place of business or other establishment in 
that State. 
Article 2 
1. The carrying out of the transport operations referred to in 
Article 1 shall be subject to the following conditions: 
— in the case of a natural person, the carrier must be a 
national of one of the Member States, 
— in the case of a legal person, the carrier must: 
— be under the continuous and effective management of 
persons a majority of whom are nationals of Member 
States, 
— be constituted in such a way that the persons 
participating directly or indirectly in the majority of 
the financial results of the transport undertaking or 
having the majority of the voting shares or voting 
rights are nationals of Member States. 
2. In the event of trust or similar arrangements, the 
conditions laid down in paragraph 1 must also be satisfied by 
the persons on behalf of whom or in whose interests the 
business is handled. 
(') OJ No L 308, 19. 11. 1974, p. 18. 
31. 12. 85 Official Journal of the European Communities No C 349/27 
3. The Member State in which a carrier is established may, 
as an exceptional measure, and after consulting the 
Commission, grant derogations with regard to the majority 
required in paragraph 1, provided that the way in which the 
transport undertaking is managed is not likely to disturb the 
transport market. 
4. The production of a certificate issued by the Member 
State in which the carrier is established constitutes proof of 
compliance with the provisions of paragraphs 1, 2 and 3. 
This certificate or a copy of it must be kept on board the 
vehicle. 
Article 3 
The carrying out by a non-resident carrier of the national 
transport operations referred to in Article 1 shall be governed 
by the laws, regulations and administrative provisions in 
force in the Member State in which the transport operations 
are carried out; such rules must be applied to non-resident 
carriers under the conditions imposed by that State on its 
own nationals and in such a way that there is no 
discrimination against non-resident carriers on the grounds 
of nationality or place of establishment. 
Article 4 
For the purposes of the national transport operations 
referred to in Article 1, no Member State shall refuse the 
choice of a fictitious registered place of business to a 
non-resident carrier, where the laws, regulations or 
administrative provisions of that Member State entail 
choosing a registered place of business. This fictitious 
registered place of business must be the same for all the 
vehicles of the non-resident carrier. 
Article S 
1. Without prejudice to Article 1, any carrier covered by that 
Article may, with effect from 1 January 1987, carry out 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 100 and 
235 thereof, national transport operations in a different Member State 
from the one in which he is established, without quantitative 
or qualitative restrictions, subject to the following 
conditions: 
— the transport operations must follow on from a haulage 
operation between two Member States carried out under 
cover of an authorization or without an authorization in 
the case of liberalized services, 
— not more than two transport operations may be carried 
out, 
— the transport operations must be carried out during the 
return journey either to the Member State in which the 
operator is based or to the Member State where the 
preceding international transport operation began. 
2. Without prejudice to paragraph 1, the provisions of 
Articles 2 and 3 shall also apply to the national transport 
operations referred to in paragraph 1. 
Article 6 
Member States may require documentary proof that the 
national transport operations referred to in Article 5 follow 
on from a transport operation between two Member 
States. 
Article 7 
Member States shall, in due course, after consulting the 
Commission adopt the measures necessary to implement this 
Regulation. 
Article 8 
This Regulation shall enter into force on 1 July 1986. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
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, Proposal for a Council Directive on the prevention of environmental pollution by asbestos 
(COM(85) 632 final 
(Submitted by the Commission to the Council on 6 December 198S) 
(85/C 349/04)