No C 331/2 Official Journal of the European Communities 20. 12. 85 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) laying down the conditions under which non-resident 
carriers may transport goods or passengers by inland waterway within a Member State 
COM(85) 610 final 
(Submitted by the Commission to the Council on 4 December 1985) 
(85/C 331/02) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION: 
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 Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas, pursuant 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, in order to avoid disruption of the market by 
activities that are not compatible with the organization 
of the markets in question, only carriers authorized to 
carry out the international transport of goods or persons 
by inland waterway 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, Article 1 
With effect from 1 January 1988, any carrier of goods or 
passengers by inland waterway 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 the inter­
national transport of goods or persons by inland 
waterway, 
shall be allowed to carry out the national transport of 
goods or persons by inland waterway for hire or reward 
in a different Member State from the one in which he is 
established; he may temporarily pursue his activities in 
the State concerned without having to set up a registered 
office 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 natural persons, the carrier and boat-
owner must, if they are not the same person, be 
nationals of one of the Member States, 
— in the case of legal persons, the transport under­
taking and boat-owner must, if they are not the same 
person, 
— 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 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 hehalf of whom or in whose 
interests the business is handled. 
20.12.85 Official Journal of the European Communities No C 331/3 
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. A certificate issued by the Member State in which 
the boat is registered or, if it is not registered, by the 
Member State in which the carrier is established, shall be 
produced to prove that the provisions of paragraphs 1, 2 
and 3 have been complied with. This certificate or a copy 
of it must be kept on board the boat. 
The document certifying that a boat belongs to the 
Rhine Navigation as established in Council Regulation 
(EEC) No 2919/85 of 17 October 1985 laying down the 
conditions for access to the arrangements under the 
Revised Convention for the navigation of the Rhine 
relating to vessels belonging to the Rhine Navigation (') 
shall replace the certificate referred to in the first sub­
paragraph. Article 3 
The carrying out by a non-resident carrier of the 
national transport operations referred to in Article 1 shall 
be subject to the laws, regulations and administrative 
provisions in force in the Member State in which the 
transport operations are carried out. Such rules shall be 
applied to non-resident carriers under the same 
conditions as those imposed by that State on resident 
carriers 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 
Member States shall, in due course, after consulting the 
Commission adopt the measures necessary to implement 
this Regulation. 
Article 5 
This Regulation shall enter into force on 1 January 1987. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
O OJ No L 280, 22. 10. 1985, p. 4.