COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 18.07.1997 
COM(97) 372 final 
REPORT FROM THE COMMISSION TO THE COUNCIL 
on the application during the years 1993 to 1995 
of Council Directive 92/106/EEC 
of 7 December 1992 
on the establishment of common rules for certain 
types of combined transport of goods between Member States 

1. INTRODUCTION 
Before Council Directive 92/106 was adopted on 7 December 1992, Community legislation to 
establish common rules for combined transport already existed. 
1.1. Council Directive 75/130/EEC 
The main aims of this Directive were to free combined transport from all 
quantitative restrictions (quotas) and to abolish certain administrative 
formalities.1 
Directive 75/130 has been amended five times.2 The main purposes of these 
amendments were to extend the scope of the measures to: 
the transport of units by inland waterways between Member States, 
including feeder and final delivery transport by road; 
the reimbursement of national road tax on vehicles used in combined 
transport; 
own-account combined transport operations; 
abolish compulsory tariffs on feeder and final delivery road haulage legs. 
1.2. Council Directive 92/106/EEC 
Council Directive 92/106/EEC of 7 December 1992 on the establishment of 
common rules for certain types of combined transport of goods between 
Member States is a consolidated version of Directive 75/130/EEC of 17 
February 1975. 
Directive 92/106/EEC is intended to liberalise from any authorisation the 
initial and final leg of a combined transport operation involving rail, inland 
waterways and also maritime services where this section exceeds 100 km as the 
crow flies. The road sections are subject to the same limits as those applied to 
road haulage linked to inland waterway transport. 
The goal of Directive 92/106 can be summarised by the following recital: 
"Whereas the increasing problems relating to road congestion, the environment 
and safety call, in the public interest, for the further development of combined 
transport as an alternative to road transport; " 
Directive 75/130/EEC of 17 February 1975, OJ No L 48, 17.2.1975, p.31 
2 Directive 79/5/EEC of 19 December 1978, OJ No L 5, 9.1.1979, p.33 
Directive 82/3/EEC of 21 December 1981, OJ No L5, 9.1.1982, p. 12 
Directive 82/603/EEC of 28 July 1982, OJ No L 247, 23.8.1982, p.6 
Directive 86/544/EEC of 10 November 1986, OJ No L 320, 15.11.1986, p.33 
Directive 91/224/EEC of 27 March 1991, OJ No L 103, 23.4.1991, p.l 
O.J.L. 368, 17.12.92 p.38 
According to Article 5 of Directive 92/106/EEC, the Commission shall draw up 
a report to the Council on: 
the application of Community legislation in this area as well as the economic 
development of combined transport; and the definition, where necessary, of 
further measures to promote combined transport. 
This report has been drawn up in fulfilment of that obligation. 
In compiling the report, the Commission sent a questionnaire to the Member 
States and professional bodies concerned. The report covers the application- of 
the Directive from 1993 to 1995. The statistical tables were prepared using data 
covering the years 1993-1994, because only for those years sufficient data were 
available. The analyses contained in the report are to a large extent based on the 
information provided in the responses, which were received between 23 May 
1995 and 11 January 1996. No replies to the questionnaire were received from 
Greece, Italy and Spain. 
The Directive 92/106/EEC describes "combined transport" as follows in Article 
1.1: 
"For the purposes of this Directive, "combined transport" means the 
transport of goods between Member States where the lorry, trailer, semi­
trailer, with or without tractor unit, swap body or container of 20 feet or 
more uses the road on the initial or final leg of the journey and, on the 
other leg, rail or inland waterway or maritime services where this section 
exceeds 100 km as the crow flies and make the initial or final road 
transport leg of the journey; 
between the point where the goods are loaded and the nearest 
suitable rail loading station for the initial leg, and between the 
nearest suitable rail unloading station and the point where the 
goods are unloaded for the final leg, or, 
within a radius not exceeding 150 km as the crow flies from the 
inland waterway port or seaport of loading or unloading" 
2. APPLICATION OF DIRECTIVE 92/106/EEC 
2.1. Transposai into national legislation 
Under Article 10 of Directive 92/106/EEC, the Member States are required to 
comply with that Directive by 1 July 1993. The Member States, with only a few 
exceptions, have transposed Directive 92/106 into national legislation. In the 
cases where only part of the Directive has been transposed or where the 
legislation has not yet been adopted at the time of writing this report, the 
Commission has started infringement proceedings in accordance with Article 169 
of the EC Treaty. 
2.2. Failure to apply the provisions of the Directive correctly 
Following a complaint made by a road transport company, the Commission 
observed that, in contravention of Article 2 of Directive 75/130, Italy had 
imposed quotas on the authorizations issued to vehicles used exclusively for road 
transport on feeder or final delivery legs in combined, transport operations in 
Italy, even where the vehicles concerned were registered in Italy. The 
Commission brought an action at the Court of Justice, which on 7 May 1992 
delivered a judgment in favour of the Commission, finding against Italy ( Case 
45/89). 
According to a road hauliers association, a certain Member State still maintains a 
system of authorisations for combined transport. In October 1996, the 
Commission decided to sent a letter of formal notice to the Authorities 
concerned, because they had not answered requests for information. 
2.3. Application of the Directive's tax-related provisions 
2.3.1 General 
Directive 82/603/EEC set up a system of tax incentives to promote the use of 
combined transport. Article 8 permitted the Member States to reduce or 
reimburse certain taxes on road vehicles used for combined transport operations, 
either "by a standard amount or in proportion to the journeys that such vehicles 
undertake by rail" in the Member States in which they are registered. Article 8 
also authorized Member States to extend tax reductions or reimbursements to 
take account of part or all of rail mileage outside their territory. 
In 1990 the Commission presented a proposal for amendments to Directive 
75/130,4 one of which involved making these reductions compulsory for the 
entire rail leg. The Council did not adopt this measure. 
In 1992, by adopting Directive 92/106 and by virtue of its Article 6.1, the 
following obligation has been created: 
"Member States shall take the measures necessary to ensure that the taxes listed 
in paragraph 3 which are applicable to road vehicles (lorries, tractors, trailers or 
semi-trailers) when routed in combined transport are reduced or reimbursed 
4 COM (90) 564 
either by a standard amount, or in proportion to the journeys that such vehicles 
undertake by rail, within limits and in accordance with conditions and rules they 
fix after consultation with the Commission. " 
It has to be pointed out that Member States have applied Article 6.1., concerning 
tax rebates, of Directive 92/106 only to combined road/rail transport, mainly to 
rolling road. Other kinds of combined transport, inter alia those involving inland 
waterways or short sea transport, do not benefit from these rebates from the 
taxes mentioned in paragraph 3 of Article 6.1 of Directive 92/106. 
Member States however, are allowed by Directive 92/106 to give some other tax 
rebates as follows: 
-first, "Member States may, however, grant these reductions or reimbursements 
on the basis of the rail journeys which take place partially or wholly outside the 
Member State in which the vehicles are registered. " 
-second, "...vehicles used exclusively for road haulage in feeder or final 
delivery carriage by combined transport may be exempted, if they are taxed 
separately, from the taxes listed....". 
2.3.2 Member States where these tax measures have practical effects: 
Germany has since 1979 granted tax reductions for road vehicles involved in 
combined transport, according to the number of rail transports carried out. 
Vehicles used exclusively for transport to and from terminals are exempted. The 
annual total amounts to about 12,5 MECU (24 million DM). 
France has since 1979 granted reductions on axle tax for road hauliers using 
combined rail/road transport. These amount to 75% of the tax fixed for the 
haulage zone. 
Italy, according to the last report on Directive 92/106, reimburses road tax and 
regional surtaxes to vehicles using rail, the total amount is not known. 
Austrian vehicles exclusively involved in transport to and from terminals have 
an exemption from road vehicle tax. Besides, for each rail transport of an 
Austrian vehicle a tax rebate of 15 % of the monthly tax is given. For this 
about 5 MECU (70 million Schillings) a year are paid by the Austrian 
Government. 
2.3.3 Member States where these tax measures have no practical effect: 
In the United Kingdom tax rebates for whole vehicles used in combined 
transport (the type called rolling road) are provided for, because Vehicle Excise 
Duty is only levied on motorized vehicles. However, according to the reply, 
transport of such vehicles by rail is not currently possible in the UK because of 
loading gauge restrictions. 
In Belgium reimbursement is possible for the rail-distance travelled by taxed 
vehicles within Belgium, but no reimbursements have in fact been made. 
Belgium has informed the Commission this is because of the short distances 
covered within this country for which refunds could be asked and the 
administrative workload involved. For the Netherlands there was no effect 
because of tax rebates are only possible for each individual vehicle being taxed. 
Given that in the Dutch market, combined transport operations involving 
complete road vehicles are not generally executed, tax rebates given have been 
therefore negligible. In Finland almost nothing had to be paid. In Sweden only 
vehicles that use rail for more than 60 days are eligible for tax rebates. There 
were no applications for tax reductions in Sweden. 
DK, El, E, IRL, L and P did not reply this question. From the last report on 
directive 92/106 it is known however that DK, El, E, IRL and L did not make 
reimbursements. 
2.3.4 Conclusions on tax rebates 
In conclusion, the present tax provisions have not been used in most Member 
States. Also, the application of the obligatory tax provision is limited to one type 
of combined transport: the rail transport of certain vehicles. In practice, this 
limits the application in many tax systems to rolling road. Therefore, there is 
little practical effect on the development of combined transport. It should be 
recognised, that combinations with inland waterway transport and short sea 
shipping can also make a contribution to making transport sustainable. Since for 
the long haul the roads are not used in such cases, rebates of road taxes can be 
justified. The question can be asked as well, whether it is justified as long as 
external costs of road transport are not fully internalised, to mitigate the resulting 
negative impact on combined transport through a reduction in taxation of 
combined transport. 
Ways to extend the practical use of the tax provisions to Member States that 
presently do not use them and to combined transport involving short sea 
transport or inland waterways have to be considered. Basically, there are two 
options: an extension of the scope of voluntary exemptions or an increase in the 
types of combined transport operations where exemptions are mandatory. 
2.4. Application of the Directive's provisions related to initial or final road delivery 
Member States did not supply specific information on the effects of these 
provisions concerning the liberalisation of initial or final road legs of combined 
transports. In Italy an organisation for these initial and delivery transports by 
road was founded. In the 4th Framework programme a study on wider 
application of this idea has recently been accepted for co-financing by the 
Commission. 
From the first of July 1998, road haulage, cabotage will be free from 
authorisation 5. As until now combined transport operations were already free 
from authorisation, they will lose some of their competitive advantage and 
therefore, the Commission will, if necessary, reconsider the relevant provisions 
of Directive 92/106/EEC. 
5 Regulation 3118/93 of 25 October 1993, Article 12.2, OJ No. L 279, 12.11.1993, p. 1 
3. ECONOMIC DEVELOPMENT OF THE SECTOR 
3.1. Statistical trends in Europe 
3.1.1 Combined Transport in TEU 
The following table 1 shows: 
- the total number of units moved in combined transport expressed in TEU; 
- the growth between 1993 and 1994, because only fo'r those recent years the 
services of the Commission have figures available for all modes and types of 
units involved in combined transport; the figures for 1990 from the previous 
Commission report are used as a reference. 
- Due to the non-standardised figures available, the table contains best estimates. 
- A more extensive table also showing the relative importance of the different 
types of units can be found in Annex 1. There, also the explanatory remarks 
and other comments concerning the statistics available are dealt with. 
Table 1 trends for combined transport, converted in TEU 
Source 1990 1993 1994 
Total TEU in combined 
transport ex short sea 
transport see Annex 1 4 884 000 6 707 000 7 640 000 
3.1.2 Conclusion from table 1 
The number of TEU transported in combined transport is impressive, the growth 
from 1990 till 1994 was almost 60%. 
3.1.3 Attempt to compare road, rail freight and combined transport 
Ideally this should be done in millions of tonne kilometres (tkm), but especially 
for inland waterways and national container transport no figures directly suitable 
are available. So estimates had to be made, the sources used are in Annex 1. 
Table 2' trends in million tonne-kilometre 
1993 1994 
road 964 000 1061000 
rail freight transport 205 000 220 000 
total combined transport ex 47 392 51 972 
short sea transport 
COM (93) 394 
Table 2 shows that, when combined transport is compared with road 
transport in tkm, combined transport is about 5 % of road transport. 
When this figure is related to the goal of the further development of 
combined transport as an alternative to road transport, as expressed by the 
recital cited in paragraph 1.2 above, this percentage is still small. 
When, however, combined transport is compared to rail freight transport 
again in tkm, combined transport is about 23 % of rail transport of cargo. 
3.1.4 Conclusion on the comparison of road, rail and combined transport 
The comparison of road with combined transport shows that in tkm 
combined transport is about 5 % of road transport. This is still a small 
percentage, when related to the goal of further development of combined 
transport as an alternative to road transport. It has to be pointed out that in 
the years considered, road transport also increased its share of the total 
transport market. Related to rail transport, combined transport is significant 
already. 
3.1.5 Conclusion concerning the quality of the statistics 
There is a need for more uniform statistics. The Commission is currently 
working on this. 
Eurostat should develop an appropriate data collection system by working 
towards a standard and harmonised reporting structure, with assured 
protection of business interests. 
3.1.6 Combined transport of containers bv inland waterways 
In the years considered (from 1993 to 1994), container transport by inland 
waterways increased by about 10%. The most important relations are those in 
the triangle between the ports of Rotterdam and Antwerp and the Rhine. These 
transports between Antwerp and Rottedam are not all within the description of 
combined transport, because often there will be no road link. However, they 
generally replace road transport. Also, from Lille to these ports and on the 
Danube container transports are taking off, with some initial help from the 
PACT programme, through which during the years 1993-1996 a number of Pilot 
Actions for Combined Transport have been co-financed with Commission 
funds.' 
3.1.7 Container transport involving rail 
The transport of containers involving a rail link grew even more than those by 
inland waterways. Intercontainer (ICF) attributes this to a general economic 
recovery and to the start of complete trains. Compared with 1993, the growth in 
TEU was 15% (source ICF). In 1995 the numbers were stable, but in tonne 
kilometres the growth was about 2% (source SGKV report 1995). 
7 Commission Decision 93/45/EEC of 22 December 1992, OJ No L 16, 25.1.1993, p.55 
Intercontainer's report was not specific on the routes served, however ICF stated 
that growth has been due to new trains. 
3.1.8 Road/Rail combined transport of swap bodies, semi-trailers, and Rolling 
Road (trucks-ori-train) 
According to the figures from UIRR, the number of swap bodies (including 
containers in UIRR figures) and vehicles by rolling road increased by about 
20%. According to the UIRR report concerning 1995 however, the long term 
trend towards the swap body remains unbroken, because in tonne-kilometres the 
growth of the rolling-road is less pronounced. In 1995 the UIRR companies 
registered a growth of 5,6 %, due in particular to international transport (source 
SGKV report 1995). The 11 member companies within the EU serve a great 
number of routes between them and with several Central and Eastern European 
countries. According to the 1994 UIRR report, two thirds of their international 
road/rail transports were transalpine. 
3.1.9 Semi-trailers and trucks on ships 
These units are not transported by inland waterways in significant numbers 
except on the Danube. In short sea shipping, it is difficult to distinguish 
statistically between short haul ferries (up to 100 km) and short sea shipping as 
part of combined transport. For this reason no figures for this kind of transport 
were used in the tables. 
3.2. Market organisation 
3.2.1 Combined transport involving rail 
Combined transport operators are, since several years, free to carry out all types 
of combined transport operations. Especially in the swap body and container 
sectors this has led to more competition. Besides, ICF mentions the exploitation 
of hubs as an organisational improvement. 
The Council has adopted on 29 July 1991 Directive-91/440/EEC 8, which, inter 
alia, gives access rights to railway undertakings and also to international 
groupings of railway undertakings to use railway infrastructure throughout the 
Community to carry out international combined transport operations. This policy 
measure is designed to give an impetus to the development of combined 
transport. A number of Member States have not transposed art 10 of this 
Directive, but elsewhere several alliances for international combined transport 
have been formed. 
3.2.2 Combined transport involving inland waterways 
The Rhine is the backbone of contai nertransport with barges. Freedom of 
navigation, the spirit of enterprise and strict shedules, combined with a high 
OJNoL237. 24.8.91. p.25 
10 
capacity waterway and the number of containers transhipped in Antwerp and 
. Rotterdam created this success. Between Rotterdam and the German Hinterland, 
inland waterway transport has a market share of 35 % of container transport 
according to the "Union Internationale de la Navigation Fluviale". 
The importance of the transport of containers by barge between Antwerp and 
Rotterdam v.v. is remarkable, because the distance involved is only short. This 
was made possible by the characteristics ("Ausbauzustand") of the Scheldt-Rhine 
link and has been realised by the efficient use of shuttles. 
The inland waterway operators engaged in container transport are both shipping 
companies and single ship owners ('artisans'). The organisation is often in 
groups to provide more frequent and regular sailings. 
3.2.3 Combined transport involving short sea shipping. 
. Combined transport involving short sea shipping includes: 
- feeder traffic, mainly between the major ports in the Hambug-Le Havre range 
and ports in all regions of Europe and feeder traffic within the Mediterranean; 
- Roll on/Roll off (Ro/Ro) services for road vehicles and regular Lift on-Lift off 
(Lo/Lo) services for containers, which link especially Member States on the 
periphery of the Community with their neighbours, with central areas and also 
connects mainlands and major islands. 
The Commission's Communication on the development of Short Sea shipping in 
Europe includes an action programme with recommended measures for 
improving the quality and efficiency of short sea shipping services as a prelude to 
shifting traffic from road to sea. 
3.3. The competitive position of combined transport 
3.3.1 Remarks on the competitive position of combined transport 
As stated in the Commission Communication concerning an action programme to 
promote the combined transport of goods,10 combined transport is not yet always 
able to compete effectively with road even on longer distances. The first problem 
is the lack of internalisation of external costs especially in road transport, which 
is discussed in depth in the framework of the Green Paper of the Commission on 
"Fair and Efficient Pricing"11. The second problem relates to the different levels 
of enforcement in the Member States of the legislation on driving times for road 
transport. If this legislation would be enforced fully, the resulting compliance 
with the limits on driving times in road transport of goods would lead to many 
long road transport trips being made by two drivers per truck. By raising the 
costs of single mode road transport, this would improve the competitive position 
of combined transport. Concerning.driving times, the Commission is working on 
Com(95)317 
10 Communication to the Council COM (96) 335 of 24.07.1996 
11 Com(95) 691 final 
11 
replacing the present tachograph by an electronic device. Third, overloading in 
road transport still distorts competition with the rail. Due to technical constraints, 
combined transport operations with a gross weight of more than 44 t for the 
entire vehicle will face difficulties in some cases. Maximum gross weight in 
general and a specific 44 t exemption for combined transport gives a general idea 
about whether combined transport in a particular country has a specific 
advantage in case of heavy transport. Now, only the road hauliers are punished 
when they are found by the police to carry an overload. However, they are often 
under pressure by their principals to accept an ove'rload. If shippers could be 
held responsible for this as well, pressure on road hauliers would diminish and 
the competitive position of combined transport would be improved. The legal 
issues involved, especially whether this is a possibility within Community 
legislation, still have to be studied. 
Besides, combined transport also requires expensive transhipment operations and 
intermodal equipment, this is a structural disadvantage. Last but not least, the use 
of information technology required for combined transport is not yet sufficient, 
to make these complicated operations competitive with road transport. By 
presenting a proposal for a Council Regulation concerning the granting of 
Community financial assistance for actions to promote combined goods 
transport, the Commission is contributing to the improvement of the last two 
points. 
3.3.2 Conclusion on the competitive position 
Combined transport still cannot compete with long distance road transport in all 
cases, because of remaining distortions of competition by road transport and 
some structural problems of combined transport itself. 
4. SUGGESTIONS FOR MEASURES ON EU LEVEL 
4.1 Suggestions by Member States 
4.1.1 Measures to promote combined transport 
- B states that investments in infrastructure and the establishment of regular 
services should be supported. Infrastructure improvement should be coherent. 
- NL wants to be able to cover initial losses of shuttles, because less than full 
utilisation is said to be inevitable on new links during the first two years. 
More funds for the TEN for intermodal should be considered. 
- A suggests that as long as total costs of road transport are not covered, public 
service contracts for combined transport should be possible and also 
operational subsidies for Alpine crossing transports should be allowed. 
- F states that state aids for use of infrastructure should be made possible. 
12 Com(94)323 final, JO No 243 of 31.8.1994 p. 8, modified by Com(95) 550 final, JO 
No C25 of 31.1.1996 p. 5 
13 Communication to the Council COM (96) 335 of 24.07.1996 
12 
- FIN names: financial aid, technology development vand promotion of 
competition. 
- P and several other countries want PACT 14 to be made permanent. 
- Several countries (B, A) stated that internal frontier-crossings still need 
attention. 
- DK points ouf if road transport costs included real infrastructure costs, that 
would promote combined transport. 
- IRL states that the promotion of combined transport should recognise the 
importance of road transport. 
- D suggests that, because of the liberalisation in road transport, the 
competitiveness of combined transport has deteriorated, therefore the High 
Level Group on Combined Transport should be reconvened. 
- D also maintains that the arrangement for transport of 44 tonnes, at present 
applicable if a 40-foot ISO container is carried as part of a combined transport 
operation, should be extended to all different kinds of combined transport of 
all units under the same conditions. 
- F cautions against extending the definition of combined transport by widening 
the definition to sea-road. The extension to 44 tonnes should be limited to 
rail-road and inland waterway-road. 
- UK prefers to encourage the carriage of freight by rail in general and 
extended the 44 tonnes measure to swap bodies in road-rail transport. 
4.1.2 Commission conclusions on measures suggested by Member States 
The measures mentioned do not all fit within the context of a revision of 
Directive 92/106/EEC. Some concern state aids in Regulation 1107/70 16, TEN 
17, Community financial assistance (PACT see 3.1.6 above) or even measures in 
the area of frontier controls. The Commission sees them as a reminder that more 
work has to be done to promote intermodal transport also outside the revision of 
Directive 92/106. 
14 At the time of writing their response letters Member States could only refer to the 
Commission Decision of 1992 mentioned in paragraph 3.1.6. 
15 the High Level Group on Combined Transport made up of representatives of the Member 
States and otlier interested parties, met in the years 1990-1992 to advise the the Commission. 
16 The measures concerning combined transport of Regulation 1107/70 were lastly 
prolongated until 31 December 1997 by Regulation No 543/97 of the Council of 17 March 
1997, OJ No L 84, 26.3.1997 p. 6. 
1 7 
trans European transport network, Decision No 1692/96/EG of 23 juli 1996, OJ No L 
228 of 9.9.1996, p. 1 
13 
Several Member States however, are interested in the possibility of allowing in 
all Member States at least the 44 tonnes weight limit for initial and final road 
transport in the context of every combined transport operation. The French 
suggestion that it should not apply to sea-road transport, would pose new 
restrictions on combined transport with a short sea shipping leg. However, care 
should be taken that further measures should promote those sea-land transports 
where the major part of the Community journey is by sea, rail or inland 
waterways and the road leg should remain limited. It should be considered to 
allow in all Member States the initial and final road transport of 44 tonnes 
maximum weight as part of all combined transport. In considering this, account 
should be taken of the following points as well: 
18 
The Commission has presented a proposal to harmonise throughout the 
EC the weight limit to 44 tonnes for all road transport. However, 
Member States did not retain this part of the proposal when they adopted 
Directive 96/53/EC . Presentiy, therefore, each Member State can set 
national weight limits and, as allowed by Article 4.2. of that directive, 
introduce the 44 tonne weight limit in domestic transport. The 
Commission proposal for a generalised 44 tonnes weight limit formally 
remains on the table of the Council by virtue of a formal declaration.20. 
If all Member States allowed lorries up to 44 tonnes for the initial and 
final road transport as part of every combined transport operation, such a 
derogation from any existing weight limits on their territory would 
directly benefit the promotion of combined transport. It is not meant to 
restrict those who presently allow higher weight limits. The other 
conditions of Directive 96/53/EC as now applicable and the limited 
distances to terminals by road that now apply to this limit, could remain 
die same. 
4.1.3 Problems on links with third countries 
- B sees difficulties concerning external borders, tarification, technical 
standards of units. 
- DK would like the rail infrastucture between D and Poland to be improved. 
- D and A mention problems with veterinary controls; Uiese countries and NL 
propose that such controls should be at terminals of destination for block 
trains. A further cautions against strict phytosanitary controls at Community 
borders. 
4.1.4 Commission conclusion on links with third countries 
The possibilities to make phytosanitary and veterinary controls in the relations 
with third countries less problematic for combined transport should be 
18 Com(93)679, OJ No. C38 of 8.2.1994 
19 Directive 96/53/EC of 25 July 1996, OJ No. L235, 17.9.96 p. 59 
20 Council of 25 July 1996 
14 
investigated. This subject, however, comes under the policy area of controls of 
agricultural products, so it cannot be dealt with in the revision of Directive 
92/106. 
4.2. Measures suggested bv professional bodies 
Intercontainer/Interfrigo (ICF) suggests the following measures in the 
legal field\ restrictions on driving (weekends, nights, holidays) should be 
lifted for intial and final road legs. They would welcome also an 
exemption from the Eurovignette \ as well as an extension of the 
Directive to all loading units (this can be interpreted to mean the point 
concerning 44 tonnes for the road link of all combined transport). AH 
measures should be extended to the whole of Europe. 
The Central Commission for the Navigation on the Rhine requests that 
the obligatory tax exemptions of Directive 92/106 are extended to 
combined transport by inland shipping and road. 
The International Union of Combined Road-Rail transport Companies 
(UIRR) pleads for the shifting of the total costs of transport to those 
generating them and for more checks on road transport. 
4.3. Commission conclusions on measures suggested bv professional bodies 
There exist restrictions on driving by trucks during weekends, nights and/or 
holidays in several Member States. Sometimes exemptions are made in favour of 
combined transport. Until now such restrictions and exemptions are taken at 
national level, leading to organisational problems for combined transport. The 
lifting of restrictions on driving by trucks (on weekends, nights, holidays) for 
initial and final road legs will be studied for combined transport. If those 
exemptions were general and mandatory, it would be a step to improve the speed 
and reliability of such transport. 
For a discussion on the initial and final transport of 44 tonnes, see 4.1.2. 
When possible, the tax exemptions and eventual exemptions from the 
Eurovignette should apply equally to all kinds of combined transport. 
The internalisation of external costs (shifting of costs) is to be dealt with in the 
framework of the Commission Green Paper on "Fair and Efficient Pricing" and 
in subsequent legislative actions. 
4.4. Other joint measures to promote combined transport 
4.4.1 Allowing trucks to carry three 20 foot containers 
21 Council Directive 93/89/EEC of 25 October 1993 concerning taxes on certain vehicles 
and tolls and charges, OJ No L 279, 12.11.93, p.32. 
15 
Member States could consider allowing lorries to carry 3 containers of 20 
foot as part of combined transport operations on their individual 
territories. According to Article 4.4.(b) of Directive 96/53/EC, each 
Member State is allowed to do this on its territory, provided the elements 
(modules) of the trucks comply with the dimensions prescribed by the 
Directive last mentioned. * 
Member States decide the conditions, taking into account safety considerations. 
Since the composing vehicle elements are acceptable throughout the Community, 
additional harmonisation of legislation is not called for. -
4.4.2.0ualitv 
The quality of combined transport should be further improved by 
standardisation of stackable units more suitable for short sea transport and 
inland transport than the present ISO containers. 
Here, especially the 45 foot (13,72 m) containers come to mind. Those 
which measure 45 foot between the side corners are outside the maximum 
vehicle dimensions fixed at Community level for road transport in Directive 
96/53/EC. Therefore, those put in circulation after 17 September 1997 will 
not be allowed in road transport afterwards, Member States may however 
allow those in circulation before that date on their roads until 31 December 
2006 by virtue of Council Directive 96/53/EC. The 45 foot units mentioned 
above, when 2,55 m wide, make combined transport more competitive 
compared to road semi-trailers. They can carry about the same number of 
pallets but, contrary to swap bodies or semi-trailers, the containers are 
stackable. On the other hand, preamble no. 6 of Directive 96/53/EC states 
that dimensions of trucks "should remain stable in the long term". Technical 
progress could, over time, enable roadhauliers to transport containers able to 
carry the same number of pallets as road semi-trailers within the dimensions 
.allowed. 
As regards units for road trains, 7,45 m outside length and 2,55 m width 
give a suitable loading configuration for unit loads within present European 
legislation. 
Standards for telematics in intermodal chains should be developed, i.a. one 
EDI document. Improvements should also be made in the areas of 
reservation, communication, tracking/tracing and information to customers 
by telematics. 
4.4.3 Conclusion on quality improvements 
These quality improvements are not ready for regulation, eitlier in the context of 
a revision of Directive 92/106 nor in other Community legislation. These are 
long term issues that require first of all coordination, pilot projects and in some 
cases further research and development. 
5. CONCLUSIONS 
16 
5.1. Statistics 
5.1.1. Number of units in Combined transport 
The number of TEU transported in combined transport is impressive: 7.6 million 
in 1994. The growth from 1990 till 1994 was almost 60%. 
5.1.2. Comparison of road, rail and combined transport ' 
This comparison of road with combined transport shows that in tkm combined 
transport is about 5 % of road transport. This is still a small percentage, when 
related to the goal of further development of combined transport as, an alternative 
to road transport. It has to be pointed out that in the years considered, road 
transport also increased its share of the total transport market. When, however 
combined transport is compared to rail freight transport again in tkm, combined 
transport is about 23 % of rail transport of cargo. 
5.1.3. The quality of the statistics 
There is a need for more uniform statistics. The Commission is currently 
working on this. 
5.2. Possibilities for measures within a revision of Directive 92/106 
Combined transport still cannot compete even with long distance road transport 
in all cases, in the following some practical measures are considered to improve 
its competitive position. 
5.2.1. Tax provisions 
In conclusion, the present tax provisions have not been used in most Member 
States. Also, the application of the obligatory tax provision is limited to one type 
of combined transport: the rail transport of certain vehicles. In practice, this 
limits the application in many tax systems to rolling road. Therefore, there is 
little practical effect on the development of combined transport. It should be 
recognised that combinations with inland waterway transport and short sea 
shipping can also make a contribution to making transport sustainable. Since for 
the long haul the roads are not used in such cases, rebates of road taxes can be 
justified. When possible, the tax exemptions and eventual exemptions from the 
Eurovignette should apply equally to all kinds of combined transport. Another 
argument may be compensation for external costs not yet fully paid by road 
transport. Ways to extend the practical use of the tax provisions to Member 
States diat presently do not use them and to combined transport involving short 
sea transport or inland waterways have to be considered. Basically, there are two 
options: an extension of the scope of voluntary exemptions and an increase in the 
types of combined transport operations where exemptions are mandatory. 
5.2.2. Initial and final delivery transport 
17 
From the first of July 1998, road haulage cabotage will be free from 
authorisation . As until now combined transport operations were already free 
from authorisation, they will lose some of their competitive advantage and 
therefore, the Commission will, if necessary, reconsider the relevant provisions 
of Directive 92/106/EEC. 
5.2.3. 44 tonnes and combined transport 
It should be considered to allow in all Member States the initial and final road 
transport of 44 tonnes maximum weight as part of every combined transport 
operation. In considering this, account should be taken of the following points: 
The Commission has presented a proposal to harmonise throughout the 
EC the weight limit to 44 tonnes for all road transport. However Member 
States did not retain this part of the proposal when they adopted Directive 
96/53/EC Presently, therefore, each Member State can set national 
weight limits and, as allowed by Article 4.2. of that directive, introduce 
the 44 tonne weight limit in domestic transport. The Commission's 
proposal for a generalised 44 tonnes weight limit formally remains on the 
table of the Council by virtue of a formal declaration. 
If all Member States allowed lorries up to 44 tonnes for the initial and 
final road transport as part of every combined transport operation, such a 
derogation from' any existing weight limits on their territory would 
directly benefit the promotion of combined transport. It is not meant to 
restrict those who presently allow higher weight limits. 
5.2.4. The lifting of restrictions on road legs 
The lifting of restrictions on driving by trucks (on weekends, nights, holidays) 
for initial and final road legs will be studied for combined transport. If those 
exemptions were general and mandatory, it would be a step to improve the speed 
and reliability of combined transport. 
5.2.5. The report has shown several possibilities for improvement of the 
Directive 92/106, as listed above in 5.2.1 to 5.2.4. The Commission will adopt, 
as appropriate, the necessary measures. 
However, considering the strong competitive position of road transport these 
measures cannot, on their own, be sufficient to lead to a really important 
increase of the share of combined transport in the total transport market. 
5.3. Measures outside the scope of Directive 92/106 
5.3.1. Allowing trucks to carry three 20 foot containers 
Member States could consider allowing lorries to carry 3 containers of 20 
foot as part of combined transport operations on their individual 
territories. According to Article 4.4.(b) of Directive 96/53/EC, each 
22 Regulation 3118/93 of 25 October 1993, Article 12.2, OJ No. L 279, 12.11.1993, p. 1. 
18 
Member State is allowed to do this on its territory, provided the elements 
(modules) of the trucks comply with the dimensions prescribed by the 
Directive last mentioned. 
Member States decide the conditions, taking into account safety considerations. 
Since the composing vehicle elements are acceptable throughout the Community, 
additional harmonisation of legislation is not called for. 
5.3.2. Overloading and driving times in road transport 
Overloading in road transport still distorts competition. If shippers could be held 
responsible for this as well, pressure on road hauliers to accept overloads would 
diminish and the competitive position of combined transport would be improved. 
This could also be improved by full enforcement of the legislation on driving 
times for road transport. 
5.3.3. Phytosanitary and veterinary controls 
The possibilities to make phytosanitary and veterinary controls in the relations 
with third countries less problematic for combined transport should be 
investigated. 
5.3.4. Quality improvements of cdhibined transport 
The standardisation of stackable units more suitable for short sea transport 
and inland combined transport is not ready for regulation. The same goes 
for standards for telematics in intermodal chains. These are long term 
issues that require first of all coordination, pilots and in some cases further 
research and development. 
5.3.5. Other measures mentioned to promote combined transport 
Other measures mentioned concern state aids in Regulation 1107/70, TEN, 
Community financial assistance, or measures in the area of internal frontier 
controls. The Commission sees them as a reminder that more work has to be 
done to promote intermodal transport also outside the revision of Directive 
92/106. 
19 
TABLE 1A Statistical 
Type of unit trends for each type of unit; converted in TEU 
source 1990 1993 Annex 1 
1994 
A) containers 
-short sea 
-sea/rail 
-sea/inland 
waterways 
-road/rail 
-road/rail and rail 
only 
B) swap bodies (incl. 
containers by UIRR 
companies) 
-road/rail 
C) Rolling Road 
-road/rail 
-
D) Semi trailers 
-road/rail 
B+C+D 1990 
Total TEU in 
combined transport 
ex short sea transport no suitable figures , 
for container and 
1 Ro/Ro maritime 
transport within the 
description of CT 
were available in 
time for this report 
ICF 
UINF 
estimate 
ICF 
D, F, UK national 
(estimates, no figures 
for all years) 
UIRR 
ICF 
UIRR 
UIRR 661000 
460 000 
449 000 
1 160 000 
2 116000 
4 884 000 655 000 
1034 000 
259 000 
1 541 000 
2 029 000 
235 000 
477 000 
477 000 
6 707 000 738 000 
1 149 000 
306 000 
1 650 000 
2 431000 
280 000 
581000 
505 000 
7 640 000 
20 
Explanatory notes 
In container transport one unit is counted here as 1,5 TEU. 
UINF is the Union Internationale de la Navigation Fluviale. 
ICF means Intercontainer-Interfrigo. 
In UIRR (the International Union of Combined Road/Rail Transport Companies) rail/road 
statistics a consignment is about 2,3 TEU. 
SGKV is the "Studiengesellschaft fur den kombinierten Verkehr e.V." 
Remarks concerning the statistics available. 
Several member states reported they had no suitable or only partial statistics available. 
The figures of the combined transport organisations are more suitable: there is less 
overlap. But still a lot of estimates had to be made. There are also definition problems 
involved, so the improvement of the statistics will take a lot of time. 
In order to optimise the use of available resources, Eurostat will be asked to investigate the 
possibility of utilising existing administrative information by contacting the competent 
organisations in the Member States. 
* * 
Concerning table 1A: 
the basic figures are sometimes in units, sometimes in TEU. TEU was chosen as a unit 
for comparison. Containers in some basic material comprise swap bodies. For short sea 
transport of unit loads within the definition of combined transport, no comparable figures 
were found. Especially for inland waterways a lot of reasoning had to be done to arive at 
global figures. The ICF figures cover a wider area then EU member states, transport to 
and from CIS is included. The UIRR figures comprise for 1993 62.000 and for 1994 
70.000 TEU shipped for export by companies in States that are not EU Members. 
National tranport was only distinguished from transport between member states when 
different sources were used. The Commission report of 1993 does not contain comparable 
figures for inland waterway transport or national transport of containers in 1990. A few 
comparable figures are available for 1995: UIRR total 3,7 million TEU; ICF 1,3 million 
TEU (SGKV report on 1995). 
The number of vehicles transported by UIRR companies rose from 1.297.344 in 1993 to 
1.529.096 in 1994. 
21 
TABLE 2A trends in million tkm 
1993 1994 
road (source Eurostat) 964 000 1061000 
rail freight (source Eurostat) 205.000 % 220.000 
combined transport 
- swap bodies, semi-trailers, 22 000 23 000 
rolling road (source UIRR) 
- containers, international by 9 800 11 800 
rail (source ICF) 
- containers inland 6 314 7 238 
waterways (estimate) 
- containers, national by rail 9 278 9 934 
( estimate) 
- short sea transport of units 
Total combined transport 47 392 51972 
Concerning table 2A: 
for containers by inland waterways the distance in tonne kilometres (tkm) is estimated on 
the basis of the tonne's per container in German Rhine ports of 6,3 ton and UIRR distance 
in national transport of 669 km (1994). The same distance figure is used for national 
container transports. The ICF figures comprise the distance travelled in transport relations 
with CIS (45 million TEU-km ) Instead of ton kilometers, ICF uses TEU kilometers. In 
rail transport each TEU/km is counted as 9 ton/km (probably fewer empties than inland 
waterways). Where Eurostat is mentioned in the table, the table used states: "Source: 
Eurostat, ECMT, estimates where data was missing". For short sea transport of unit loads 
within the definition of combined transport, no comparable figures were found. 
Transported tonnages 
The figures available are very limited. However, making an effort to improve them does 
not seem to be important. 
In combined transport of swap bodies, semi-trailers and rolling-road in 1994, a total of 
32 662 670 tonnes has been transported. These figures on swap bodies, semi-trailers and 
rolling-road are collected by UIRR. They include EU (15) plus Switzerland and Central 
and East European countries. For containers by inland waterways a tonnage of 2 977 000 
is mentioned by UINF. This figure concerns only containers in German Rhine ports. For 
containers by rail or short sea, no EU wide tonne figures were available. 

22. 
ISSN 0254-1475 
COM(97) 372 final 
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