No C 247/6 Official  Journal  of the European  Communities 18.10.  78 
Article  2 
Annex  A to Regulation  (EEC)  No 2710/77  is amended  to read  as follows: 
CCT 
heading 
No Description Rate  of duty 
15.12 Animal  or vegetable  oil and  fats,  wholly  or partly  hydro-
genated,  or solidified  or hardened  by any  other  process, 
whether  or not refined,  but not  further  prepared: 
A. In immediate  packings  of a net  capacity  of 1 kg or less 16% 
B. Other: 
I. Vegetable  oils  hardened  by fractionation: 
a) For  industrial  uses  other  than  the  manufacture  of 
foodstuffs  for human  consumption  (a) 2-5 % 
b) Other 9% 
II. Other 11 % 
(a) Entry  under  this  subheading  is subject  to conditions  to be determined  by the  competent  authorities. 
Article  3 
This  Regulation  shall  enter  into  force  on 1 January  1979. 
This  Regulation  shall  be binding  in its entirety  and  directly  applicable  in all Member 
States. 
Proposal  for a Council  Regulation  on the adjustment  of capacity  for the carriage  of 
goods  by road  for hire  or reward  between  Member  States 
(Submitted  by the Commission  to the Council  on 5 October  1978) 
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 
Parliament, 
Having  regard  to the opinion  of the Economic  and 
Social  Committee, 
Whereas  the carriage  of goods  by road  for hire  or 
reward  between  Member  States  is at present regulated  to a large  degree  by a system  of bilateral 
agreements  between  the Member  States  concerned; 
Whereas  the decisions  of the Member  States  in this 
matter  are  prompted  by  economic  and  political 
considerations  which  are often  divergent;  whereas  the 
measures  at present  provided  for  in the  bilateral 
agreements  range  from  complete  liberalization  to a 
stringent  quota  system;  whereas  these  disparities  can 
obstruct  the  functioning  and  development  of the 
common  market  unless  they  can  be justified  by the 
situation  in the market  under  consideration; 
Whereas,  in order  to facilitate  the transition  from  the 
present  system  to an integrated  common  market  in 
18.10.  78 Official  Journal  of the European  Communities No C 247/7 
transport,  the system  of bilateral  agreements  should 
initially  be  incorporated  within  the  existing 
provisions  of the common  transport  policy; 
Whereas  account  must  be taken  of the requirements 
of the  common  market,  and  in particular  of the 
changing  pattern  of trade; 
Whereas  it is essential  to eliminate  the impediments 
resulting  from  the  restrictions  imposed  by certain 
Member  States  in respect  of transit  over  their 
territory; 
Whereas  it is essential  to provide  for  Community 
arrangements  in the  event  that  the  Member  States 
concerned  do not  arrive  at an agreement  on the 
adjustment  of transport  capacity; 
Whereas  it is essential  to provide  for the conclusion 
of an agreement  with  third  countries  with  a view  to 
the coherent  regulation  of all transport  capacity, 
HAS  ADOPTED  THIS  REGULATION: 
Article  1 
The provisions  of this  Regulation  shall  apply  from 
1 January  1980  to the carriage  of goods  by road  for 
hire or reward  between  Member  States,  with  the 
exception  of transport  operations  which,  pursuant  to 
measures  decided  upon  at Community  level,  are not 
subject  to any  system  of authorization  and/or  quotas, 
or which  are  carried  out  under  a Community 
authorization  or under  an authorization  issued  within 
the multilateral  quota  established  by the  European 
Conference  of Transport  Ministers  (hereinafter  called 
ECTM  multilateral  quota). 
For the purposes  of this  Regulation,  bilateral  quotas 
are quotas  which  are reciprocally  granted  by Member 
States  pursuant  to agreements  on the  carriage  of 
goods  by road. 
Article  2 
1. Where  bilateral  quotas  already  exist  for 
particular  routes  they  shall,  by 30 September  of each 
year,  be  adjusted,  by  negotiation  between  the 
Member  States  concerned,  to  match  transport 
requirements,  in particular  as regards  road  transport 
between  those  Member  States.  The  quotas  may  be 
varied  by category  of transport. 
2. For  purposes  of determining  the  transport 
requirements  referred  to in paragraph  1, account 
shall  be  taken,  among  other  things,  of  the 
information  obtained  from  the  market  monitoring 
system  established  by the Commission  at Community 
level  and,  more  especially,  of  the  following 
information: — the  trends  observed  in the demand  for transport 
and the  estimates  of its behaviour  in the  short 
term, 
— the  situation  of the  transport  market  concerned, 
especially  as regards  the use of existing  transport 
capacity  and  the level  of transport  rates  actually 
charged,  as against  the published  tariffs, 
— the  impact  of the transport  operations  carried  out 
between  Member  States  under  Community 
authorizations,  or which,  pursuant  to measures 
decided  upon  at Community  level,  are not subject 
to any  system  of authorization  and/or  quotas,  or 
which  are  carried  out  under  an authorization 
issued  within  the  ECMT  multilateral  quota. 
3. No  charge  shall  be made  in respect  of routes  for 
which  no  bilateral  quotas  exist.  However,  the 
Member  States  in question  may,  by agreement,  after 
having  obtained  the approval  of the Commission  and 
if the  market  situation  so warrants,  temporarily 
restrict  the  expansion  of transport  supply  for  such 
routes  between  the Member  States. 
Article  3 
Transit  over  the  territory  of Member  States  in the 
course  of a transport  operation  between  Member 
States  shall  not  be  subject  to any  quantitative 
restriction. 
The authorizations  issued  for  the  performance  of 
transport  operations  between  Member  States  shall  be 
valid  for the whole  journey  including  transit  over  the 
territory  of Member  States. 
Article  4 
1. The  Commission  shall  participate  in  a 
consultative  capacity  in the  negotiations  referred  to 
in Article  2. It may  make  proposals  to the Member 
States  concerned  in  the  interests  of  reaching 
agreement. 
For that  purpose,  the Member  States  shall  transmit  to 
the Commission  the information  required. 
2. If,  in the circumstances  referred  to in Articfe  2 
(1), it has  been  impossible  to fix bilateral  quotas  by 
negotiation  on  or  before  30  September,  the 
Commission  shall,  after  consulting  the  Member 
States,  adopt  a decision  which  shall  be published  in 
the Official  Journal  of the European  Communities. 
The decision  of the  Commission  shall  become 
enforceable  after  a period  of one  month  from  the 
date of its publication  unless,  during  that  period,  a 
Member  State  places  the matter  before  the Council. 
No C 247/8 Official  Journal  of the European  Communities \ m 10.  78 
In that  event,  the Council,  within  three  months  from 
the date  when  the question  is placed  before  it, shall 
take a decision  by qualified  majority  which  shall  be 
published  in the  Official  Journal  of the  European 
Communities. 
Article  5 
In the event  of transport  developments  for which  no 
allowance  could  be  made  during  the  annual 
adjustment  of bilateral  quotas  referred  to in Article  2 
or of a shortfall  in the  supply  of transport,  the 
Member  States  may,  to provide  for duly  established 
cases  of emergency,  authorize  the  issue,  over  and 
above  the quota,  of special  authorizations,  stating  the 
number  and  period  of validity  thereof  and  the 
categories  of goods  and  routes  for  which  they  are 
valid.  They  shall  inform  the  Commission  thereof, 
which  shall  report  to the Council  as soon  as possible. Article  6 
The Council  shall,  on  a proposal  from  the 
Commission  and  before  1 July  1979,  adopt  the 
provisions  necessary  for the opening  of negotiations 
with  third  countries  for an agreement  on the carriage 
of goods  by road  between  Member  States  and  third 
countries  and  on the  participation  of carriers  from 
the Member  States  in carriage  between  third 
countries  and  vice  versa. 
Article  7 
This  Regulation  shall  enter  into  force  on 1 January 
1979. 
This  Regulation  shall  be binding  in its entirety  and  ' 
directly  applicable  in all Member  States. 
Proposal  for a Council  Directive  amending  for the 14th  time  Directive  64/54/EEC  on 
the approximation  of the  laws  of the  Member  States  concerning  the  preservatives 
authorized  for use in foodstuffs  intended  for human  consumption 
(Submitted  by the Commission  to the Council  on 6 October  1978) 
THE  COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  100  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  Council  Directive  64/54/EEC  of 5 No-
vember  1963  on the  approximation  of the  laws  of 
the Member  States  concerning  the  preservatives 
authorized  for use in foodstuffs  intended  for human 
consumption  (*), as  last  amended  by  Directive 
78/145/EEC  (2), and  in  particular  by  Directive 76/629/EEC  (3), provides  for  the  temporary  use  of 
thiabendazole  until  1 January  1979  at a maximum 
residue  level  of 6 mg/kg  in the case  of citrus  fruit  and 
3 mg/kg  in the case  of bananas; 
Whereas,  on  a toxicological  basis,  the  use  of 
thiabendazole  on  the  surface  of these  fruits  in 
quantities  leading  to such  residues  in the whole  fruit 
is acceptable; 
Whereas  experience  in the use  of thiabendazole  has 
shown  that  the  maintenance  of these  levels  is 
technologically  justified; 
Whereas,  therefore,  it is now  possible  to take  a final 
decision  to authorize  the  use  of thiabendazole 
without  prejudice  to its  possible  inclusion  in a 
subsequent  Community  system  on the  treatment  of 
fruits  and vegetables;  | 
Whereas,  therefore,  the  mandatory  labelling 
provision  for  citrus  fruit  sold  by  retail  can  be 
reintroduced, 
(*) OJ No 12, 27. 1. 1964,  p. 161/64. 
(*) OJ No L 44, 15. 2. 1978,  p. 23. (3) OJ  No L 223,  16. 8. 1976,  p. 3.