ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
COLLECTION RELIEE DES 
DOCUMENTS "COM" 
 
 
 
 
COM (83) 590 
 
 
 
Vol. 1983/0 222 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the openi ng to the public of the historical archives of the European Econom ic 
Community and the European Atomic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), this f ile is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 198 3 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 vom 27 .9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
COM (83) 590 final
Brussels, 12 October 1983
REPORT FROM THE COMMISSION TO THE COUNCIL
on the conclusion of negotiations with a view to signing the  
agreement between the European Economic Community and Spain  
on the international combined road-rail carriage of goods
COM(83) 590 final

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In its decision of 26 March 1981,the Council authorized the Commission to  
negotiate the signing of one or more agreements on the establishment of  
uniform rules for the international combined road/rail carriage of goods  
with Yugoslavia, Austria, Finland, Norway, Switzerland, Sweden and Spain.
Because of Spain's special geographical position and because of its specific  
technical problems, the Commission decided to hold negotiations on a bilateral  
basis; moreover, the Commission was keen to speed up negotiations with Spain  
because this country is a candidate for accession. The Commission commenced  
these negotiations on 15 October 1981. At this opening meeting it was decided  
first of all to compile as full a body of information as possible on the  
various factors concerning combined transport: existing technical infrastructure  
(containers, swap bodies, piggy-back transport), details of existing terminals,  
border crossing problems, road traffic regulations, present traffic volumes on  
each route, etc.
This body of information was compiled using a standard questionnaire and served  
to identify the basic problems in combined transport between the Community and  
Spain and vice-versa. The draft Agreement was thus drawn up taking into account  
the specific nature of combined transport between Spain and the Community.
It should be emphasized that the Community delegation continued to maintain  
close contact with the Member States throughout the negotiations. Indeed,  
each of the various negotiating meetings were proceeded by meetings between  
the Member States and the Community delegation to examine the position the  
Community would be taking vis-à-vis Spain. Member States were also invited  
to send observers to the negotiation meetings.
Negotiations were concluded on 6 July 1983 when the Head of the Community  
delegation and the Head of the Spanish delegation initialled a draft  
"Agreement on the international combined road/rail carriage of goods  
between the European Economic Community and Spain".

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'■he text of tie d”aft Agreement conforms with the guidelines adopted by the  
Cojncil as annexed to ^ts decision of 26 March 1981.
■ \h' main sections of the Agreement are headed:
- Scope and definitions
- Liberalization measures
- Control document
- Transitional measures (in respect of piggy-back transport)
- General and final provisions.
The general and final provisions state inter alia that the Agreement:
- shall enter into force on the first day of the first month following
the date on which the Contracting Parties are notified of the accomplishment
of the approval procedure or of ratification;
- is concluded for a period of five years anti may be terminated with one  
year's notice;
- shall be drawn up in French and Spanish, the texts in both languages  
being equally authentic.
To the Agreement has been added a Final Act containing a declaration by the  
Contracting Parties concerning the application of the Agreement. This concerns:
(i) the need for joint efforts to solve technical difficulties arising  
from the development of combined transport;
(ii) the fact that loading and unloading stations are stations either which  
already exist or which will be built during the period of application  
of this Agreement;
(iii) the fact that the Agreement will be superseded by the Act of Accession  
of Spain to the European Economic Community on the day on which that  
takes effect.
The Commission will shortly be submitting to the Council a proposal for a Council  
decision on the signing of the "Agreement on the international combined road/rail  
carriage of goods between the European Economic Community and Spain".

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Finally, the Commission proposes that the Council:
(i) signify its approval of the text of the Agreement
(ii) sign the Agreement and the Final Act
(ii -j)authorize its President to appoint persons responsible for
signing the Agreement, subject to approval, and the Final Act.
Copies of the Agreement and the Final Act are annexed to this report.
Annex

Annex
AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND SPAIN  
ON THE INTERNATIONAL COMBINED ROAD/RAIL CARRIAGE OF GOODS

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The Council of the European Communities,
The Government of Spain,
DESIRING to promote the development of international road/rail transport and  
in particular to facilitate the organization and operation thereof;
WHEREAS the use of the road/rail method for the international carriage of  
goods by road is economically advantageous over long distances; whereas it  
reduces road traffic and thus enhances road safety; whereas at the same  
time it contributes to the protection of the environment and energy saving;
WHEREAS certain types of combined road/rail carriage of goods have been  
liberalized, as far as the European Economic Community is concerned, by  
Council Directive 75/130/EEC of 17 February 1975 on the establishment of  
common rules for certain types of combined road/rail carriage of goods  
between Member States (1), as amended by Directive 79/5/EEC (2) of  
19 December 1978, by Directive 82/3/EEC (3) of 21 December 1981 and by  
Directive 82/603/EEC (4) of 28 July 1982;
WHEREAS those rules aim at increasing the attraction of combined road/rail  
carriage by freeing it from quantitative restrictions and exempting it from  
certain administrative provisions;
HAVE DECIDED TO ESTABLISH UNIFORM RULES FOR THE INTERNATIONAL COMBINED  
ROAD/RAIL CARRIAGE OF GOODS
(1) OJ of the EC No L 48, 22.2.1975, p. 31.
(2) OJ of the EC No L 5, 9.1.1979, p. 33.
(3) OJ of the EC No L 5, 9.1.1982, p. 12.
(4) OJ of the EC No L 247, 23.8.1982, p. 6.

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•lid to th:s  end have designated as their plenipotentiaries :
The Council of the European Communities,
The Government of Spain,
WHO, having exchanged their Full Powers, found in good and due form,  
HAVE AGREED AS FOLLOWS :

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SECTION I
SCOPE AND DEFINITIONS
Article 1
This Agreement shall apply :
a) to the international combined road/rail carriage of goods carried out  
between the territories of the two Contracting Parties using vehicles  
registered in the territory of one of the Contracting Parties;
b) to unladen journeys by vehicles in connection with the transport  
operations referred to in paragraph (a).

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Artide 2
1, For the purposes of this Agreement :
a- )  combined roed/rail carriage means carriage of goods by roac! where the  
Lorry, trailer, se.ni-trai ler (with or without tractor unit), swap body  
and container o* 20 feet or more are transported by rail between the  
nearest suitable rail loading station to the point of loading and the  
nearest suitable rail unloading station to the point of unloading;
b) swap body means the part of a road vehicle on which it is intended
that the load shall be placed and which may be detached from the vehicle  
and re-incorporated therein.
2. Transport operations using the railway principally to overcome a natural
obstacle shall not be considered to be combined road/rail carriage for the
purposes of this Agreement.

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SECTION II
LIBERALIZATION MEASURES
Article 3
1. The Contracting Parties shall free the combined transport defined in  
Article 1 from all quota and authorization restrictions from the date of  
entry into force of this Agreement.
2. The terminal road haulage operations - on the territory of each  
Contracting Party - effected by means of vehicles used for combined  
road/rail carriage to or from the nearest suitable rail loading or un­
loading station from the point of loading or unloading of the goods are  
freed by each of the Contracting Parties from all quantitative restrictions  
in accordance with the following criteria :
- International road haulage operations shall be freed from any quota or  
authorization systems;
- Internal road haulage operations shall be freed from all quantitative  
restrictions, but they may remain subject to an authorization system,  
without prejudice, however, to any wider liberalization measures in place  
where appropriate, in each of the Contracting Parties.

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SECTION III
CONTROL DOCUMENT
Article 4
1« The liberalization of combined carriage for hire or reward is dependent on  
the presentation on the part of the transporter of a transport document  
which Indicates at least the following particulars :
- name and address of the consignor,
- nature and weight of the goods,
- place and date of acceptance of the goods for transport,
- place at which the goods are to be delivered,
- route to be taken, or distance to be travelled, if these  
factors justify a rate different from that normally applicalbe,
- frontier crossing points.
2. The document shall also specify the rail loading and unloading stations.
These details shall be recorded before the transport operation is carried out  
and shall be confirmed by means of a stamp affixed by the rail authorities  
in the stations concerned when that part of the journey carried out by rail  
has been completed.
3. Where a trailer or semi-trailer, belonging to an undertaking engaged in own-  
account combined transport, is hauled on terminal delivery journeys by a  
tractive unit belonging to an undertaking engaged in transport for hire or  
reward, the transport operation so effected shall be exempt from presentation  
of the document provided for in paragraph 1  but another document shall be  
pro/iced giving evidence of the journey covered by rail.

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Article 5
1. When the frontier is crossed by road before the rail journey, the  
Contracting Parties may require the operator to prove that the rail  
authorities or a body authorized by them have made a reservation for the  
transport by rail of the tractor unit, lorry, trailer, semi-trailer, or  
the swap bodies thereof, and of the container of 20 feet or more.
2. The Contracting Parties may authorize the inspection authorities to  
require the rail carriage document to be produced on completion of the  
rail section of the combined road/rail journey.
Artiele 6
Without prejudice to the provisions of Article 3, the present Agreement  
does not modify the conditions of admission to the transport haulage pro­
fession nor the access to the transport market which are in force in each  
of the Contracting Parties, especially those concerned with the use of a  
traction unit to bring or take back, on a journey made on the territory  
of each of the Contracting Parties, a vehicle transported by means of  
combined road/rail carriage or a swap body.
In particular, the Agreement does not modify the conditions concerning  
the use of a bare chassis in the case of combined road/rail carriage  
effected by a transport vehicle or of swap bodies or containers.

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SECTION IV
TRANSITIONAL MEASURES
Article 7
The Contracting Parties hereby agree that the liberalization measures  
provided for in Article 3 will apply to trailers and semi-trailers once  
the Spanish railways have the facilities and rolling stock required to  
carry them on the Spanish railway network and by 1 July 1985 at the latest.

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SECTION V
GENERAL AND FINAL PROVISIONS
Article 8
1. The competent authorities in the Contracting Parties shall adopt the  
measures required to implement this Agreement.
Such measures shall at least cover :
- the liberalization measures,
- the organization, procedure and means of control,
- the designation of the competent authorities.
2. The measures taken under paragraph 1 shall be communicated to the other  
Contracting Party.
Article 9
1. The competent authorities in the Contracting Parties shall ensure that  
the carriers comply with the provisions concerning them im applying this  
Agreement.
2. They shall inform each other, in accordance with their respective laws,  
of the infringements commicted in their territory of the said provisions  
by carriers established in thj territory of the other Contracting Party  
and of any penalty imposed.

-  1 1  -
Article 10
Where the operation cf this Agreement or of the measures taken under  
Article d so requires, either of the Contracting Parties may request that  
a meeting 0. '  the parties to the Agreement be convened with a view to  
examining jointly the problems encountered and any solutions proposed.
Article 11
This Agreement shall apply, on the one hand, to the territories in which  
the Treaty establishing the European Economic Community is applied and  
under the conditions laid down in that Treaty and, on the other hand, to  
the territory of Spain.

-  12  -
Artide 12
1. This Agreement shall be approved or ratified by the Contracting Parties  
in accordance with their own procedures.
2. This Agreement shall enter into force on the first day of the first month  
following the date on which the Contracting Parties are notified of the  
accomplishment of approval or of ratification procedure.
Article 13
1. This Agreement is concluded for a period of five years from its entry into  
force.
2. Each Contracting Party may, for its part, withdraw from this Agreement,  
with one year's notice, as from 1 January by notifying the other Contracting  
Party.

- 13 -
Article 14
This Agreement shall be drawn up in a single original in French and Spanish,
the texts in each language being equally authentic.
In witness whereof, the undersigned Plenipotentiaries have signed this  
Agreement.
Done at ............ .......
Fo
r the Council
of the European CommunitiesFor the Government
of Spain

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FINAL ACT
The Representatives
of the Council of the European Communities,  
of the Government of Spain,
meeting in .............................  on this ................
day 
of .......................... in the year one thousand nine hundred
and ...... for the signature of the Agreement on the International Combined
Road
/Rail Carriage of Goods,
have at the time of signature of this Agreement taken note of and approved  
the following declarations :
- Declaration by the Contracting Parties concerning the application of the  
Agreement;
Done at ............ this .............  day of ............  in the
year
 one thousand nine hundred and ....
Fo
r the Council
of the European CommunitiesFor the Government
of Spain

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DECLARATION BY THE CONTRACTING PARTIES
CONCERNING THE APPLICATION OF THE AGREEMENT
Both Contracting Parties hereby declare that, in view of the special  
technical problems involved in transfrontier transport operations, a joint  
effort is needed to resolve, at the technical level, problems arising from  
the development of combined transport.
They consider that the rail loading and unloading stations for vehicles  
used in combined transport in the territory of both Contracting Parties  
are existing rail stations and any rail stations which might be built during  
the period in which this Agreement applies.
They also declare that this Agreement will be automatically superseded by the  
act of accession of Spain to the European Economic Community on the day on  
which it takes effect.