I COMMISSION OF THE EUROPEAN COMMUNITIES 
m 
m 
m C0M(92) 105 final 
Brussels, 27 March 1992 
Proposal for a 
COUNCIL REGULATION (EEC) 
on the transfer of controls in the field of road and inland waterway 
transport to the Community's external frontiers 
(presented by the Commission) 
z 
EXPLANATORY MEMORANDUM 
1. Article 8a of the EEC Treaty provides that the internal market 
shall comprise an area without internal frontiers in which the free 
movement of goods, persons, services and capital is ensured in 
accordance with the provisions of the Treaty. When internal frontiers 
no longer exist, all controls at these frontiers will cease. 
To this end the Council adopted, in December 1989, Regulation (EEC) 
No 4060/89,1 as amended by Regulation (EEC) No 3356/91,2 abolishing 
controls performed at the frontiers of Member States in the field of 
road and inla; * waterway transport. The Regulation lays down that such 
controls shoul no longer be carried out at internal frontiers but form 
part of the normal controls applied in a non-discriminatory manner 
throughout the territory of a Member State. 
2. If internal frontier controls are abolished, checks on means of 
transport registered or put into circulation in a non-Community country 
must also be scrapped. Controls will continue to be required for such 
means of transport under a number of existing international agreements 
between the Member States or the Community and non-Community countries 
or future international agreements between the Community and 
non-Community countries. Once internal frontier controls have been 
abolished, any checks will have to be performed at the Community's 
external frontiers. 
These controls will have to be carried out by the authorities of the 
Member State whose border forms the Community's external frontier. 
They will have to cover any authorization required for the means of 
transport in question to operate on Community territory right up to its 
final destination and will, where appropriate, have to ensure 
compliance with all the other terms of an international agreement. 
1 OJ No L 390, 30.12.1989, p.18 
2 OJ No L 318, 20.11.1991, p.1. 
3 
Proposal for a Council Regulation (EEC) on the transfer of controls in 
the field of road and inland waterway transport to the Community's 
externa I front iers 
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,1 
Having regard to the opinion of the European Parliament,2 
Having regard to the opinion of the Economic and Social Committee,3 
Whereas the Community has embarked upon the adoption of measures 
leading to the progressive establishment of the internal market by 
31 December 1992, which will comprise an area without internal 
frontiers in which the free movement of goods, persons, services and 
capital is ensured in accordance with the provisions of the Treaty; 
Whereas the completion of the internal market will mean controls and 
formalities at internal frontiers relating to means of transport and 
the relevant documentation will have to be abolished; 
Whereas, pursuant to existing Community and national legislation in the 
field of road and inland waterway transport, Member States perform 
checks, verifications and inspections relating to technical 
characteristics, authorizations and other documentation that vehicles 
and inland waterway vessels must comply with; whereas there will in 
general continue to be a need for such checks, verifications and 
inspections to prevent disruption of transport market organization and 
to ensure road and inland waterway safety; 
7 
Whereas, pursuant to Regulation (EEC) No 4060/89, 1 as amended by 
Regulation (EEC) No 3356/91,2 such checks shall no longer be performed 
at frontiers between Member States where they concern means of 
transport registered or put into circulation in a Member State; 
Whereas, in the case of means of transport registered or put into 
circulation in a non-Community country, checks may be carried out with 
equal efficiency at the frontier between a Member State and a 
non-Community country and throughout the territory of the Member States 
concerned, whereas they should therefore be abolished in the same way 
as controls at frontiers between Member States also in respect of these 
means of trantoort; 
Whereas checks will still have to be carried out on the means of 
transport of non-Community countries under certain existing 
international agreements between the Member States or the Community and 
non-Community countries or future international agreements between the 
Community and non-Community countries; whereas they must, however, be 
undertaken at the Community's external frontier; 
Whereas such checks must be performed by the authorities of the 
Member State whose frontier forms the Community's external frontier at 
this frontier; whereas in particular they must cover any authorization 
required for the means of transport in question to operate on Community 
territory right up to its final destination; 
Whereas Member States must ensure that checks, verifications and 
inspections can continue to be performed throughout their respective 
territories as part of the normal control procedures, 
HAS ADOPTED THIS REGULATION 
Art icle 1 
This Regulation shall apply to controls performed by Member States in 
respect of road and inland waterway transport operations effected by 
means of transport registered or put into circulation in a 
non-Community country. 
Art icle 2 
For the purpose of this Regulation: 
"external frontier" means the first frontier between a Member State 
of the Community, including ports, and a non-Community country; 
1 OJ No L 390, 30.12.1989, p.18 
2 OJ No L 318, 20.11.1991, p.1. 
s 
"control" means any check, inspection, verification or formality 
performed at Member States' frontiers by national authorities which 
halt or hamper the free movement of the vehicles or vessels 
concerned; 
"international agreement" means any agreement between one or more 
Member States or the Community and one or more non-Community 
countr »es. 
Art icle 3 
1. Controls performed pursuant to an international agreement shall be 
undertaken at the Community's external frontiers. 
2. Such controls shall be performed by the authorities of the 
Member State whose national frontier forms the Community's external 
front ier. 
3. The authorities referred to in paragraph 2 shall refuse entry into 
Community territory to any means of transport which, under the 
terms of an international agreement, does not hold all the 
authorizations it requires to operate on Community territory right 
up to its final destination or which does not comply with any other 
stipulation of an international agreement. 
4. Notwithstanding the controls referred to in paragraph 1 national 
authorities may undertake checks as part of the controls they would 
normally carry out throughout their territory. 
Art icle 4 
1. The controls at internal frontiers abolished by Regulation (EEC) 
No 4060/89,1 as amended by Regulation (EEC) No 3356/91,2 in 
respect of means of transport registered or put into circulation in 
a Member State of the Community shall also be abolished in respect 
of means of transport registered or put into circulation in a 
non-Community country. 
2. The controls referred to in paragraph 1 may be performed by the 
authorities of the Member State whose frontier forms the 
Community's external frontier at this frontier and by the 
authorities of any Member State as part of the normal checks it 
undertakes throughout its territory. 
Ar t i cle 5 
Under the terms of an international agreement and, where 
appropriate, the Community and Member States shall take the 
measures necessary to inform non-Community countries of the control 
measures introduced under this Regulation. 
1 0J No L 390, 30.12.1989, p. 18 
2 0J No L 318, 20.11.1991, p.1. 
Member States shall keep each other informed about the controls 
which have to be undertaken by the competent authorities at the 
Community's external frontiers. They shall assist each other in 
implementing this Regulation and shall take steps to simplify as 
far as possible the control formalities provided for in Articles 3 
and 4. 
Article 6 
This Regulation shall enter into force on 1 January 1993. 
This Regulation shall be binding in its entirety, and directly 
applicable in all Member States. 
Done at Brussels, For the Council 
The President 
ISSN 0254-1475 
COM (92) 105 final 
DOCUMENTS 
EN 07 
Catalogue number: CB-CO-92-118-EN-C 
ISBN 92-77-42151-7 
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