5.1.76 Official  Journal  of the  European  Communities No C 1/37 
Article  6 
1. As  concerns  activities  not  included  under 
Article  5 of this  Directive,  or activities  subject  to the 
possession  of general,  commercial  or occupational 
skills  in a Member  State,  that  Member  State  shall 
acknowledge  an attestation  of the  effective  carrying 
out of the  activity  in another  Member  State  for a 
period  of three  years,  either  as an independent 
operator  or as manager  of an  undertaking,  on 
condition  that  this  activity  did  not  cease  more  than 
two years  prior  to submission  of the application. 
2. Any  person  who  has  carried  out  the  activities 
listed  below  in an undertaking  in the relevant  type  of 
business  shall  be considered  as having  carried  out the 
activities  of a manager  of an undertaking  in the 
sense  of paragraph  one  above: 
(a) company  or branch  manager; 
(b) deputy  to an operator  or company  manager, 
where  this  position  implies  responsibility 
corresponding  to  that  of  the  operator  or 
company  manager  represented. Article  7 
Within  the  time  limit  laid  down  in Article  8, 
Member  States  shall  designate  the  authorities  and 
bodies  competent  to issue  the  type  of document 
referred  to in Article  3 and  the certificate  referred  to 
in Article  5 (2) and  in Article  6 (1) of this  Directive. 
They  shall  immediately  inform  the  other  Member 
States  and  the Commission. 
Article  8 
1. Member  States  shall  adopt  the  measures 
necessary  to comply  with  this  Directive  before 
1 January  1978  and  shall  immediately  inform  the 
Commission. 
2. Member  States  shall  communicate  to  the 
Commission  the  text  of the  main  provisions  of 
national  law  which  they  adopt  in the  field  covered 
by this  Directive. 
Article  9 
This  Directive  is addressed  to the Member  States. 
Proposals  for Council  Regulations 
I. concerning  the fixing  of rates  for international  goods  transport  by rail  within  the 
Community 
II. a system  of reference  tariffs  for the carriage  of goods  by road  between  Member 
States 
III. concerning  a system  for observing  the markets  for the carriage  of goods  by rail, 
road  and  inland  waterways  between  the Member  States 
(Submitted  by  the Commission  to the Council  on 10 October  1975) 
I 
Proposal  for a Council  Regulation  concerning  the fixing  of rates  for international  goods 
transport  by rail  within  the Community 
THE  COUNCIL  OF THE  EUROPEAN  COMMUNITIES,  Having  regard  to the  Opinion  of the  European 
Parliament, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  75 thereof, 
Having  regard  to the Opinion  of the Economic  and 
Having  regard  to the proposal  from  the Commission,  Social  Committee, 
No C 1/38 Official  Journal  of the  European  Communities 5.1. 76 
Whereas  the  organization  of the  freight  transport 
market  has  to be conceived  on the basis  of a market 
economy  in order  to ensure  the optimum  allocation 
of resources;  whereas  this  conception  extends,  in 
particular,  to the  system  of rates  and  conditions  of 
transport  which  form  an important  element  of the 
common  transport  policy  required  by the Treaty; 
Whereas,  in consequence,  the  fixing  of rates  and 
conditions  of transport  should  be freely  done  by the 
transport  undertakings  themselves  and  not  by the 
authorities  imposing  compulsory  tariffs; 
Whereas  this  concept  has  to be reached  in stages 
beginning  with  the present  situation  and,  in the first 
place,  with  international  goods  transport; 
Whereas  the  achievement  of this  concept  in the 
railway  sector  depends  upon  the  principles  of the 
commercial  management  of international  traffic  in 
the undertakings; 
Whereas,  as a result,  the  railway  administrations 
must  achieve  a balance  between  receipts  and  costs 
for corresponding  services;  this  obligation  does  not 
exclude  the  possibility  of  medium  term 
cross-subsidization  within  the sector; 
Whereas  the  conversion  of international  railway 
tariffs  towards  a free  market  situation  should  allow 
a more  flexible  adaptation  by  the  undertakings 
concerned  both  of rates  to costs  and  to the  market 
situation  and  that  because  of this,  the intervention  of 
the public  authorities  in the drawing  up of transport 
rates  should  be ended  subject  to the  proviso  that 
Member  States  may  impose  compulsory  tariffs  in 
conformity  with  Regulation  (EEC)  No  1191/69  of 
26 June  1969; 
Whereas,  henceforth,  it will  be necessary  to modify 
the national  legislative  or administrative  procedures 
which  still  involve  the  interference  of  public 
authorities  in the tariff  policy  of the railways; 
Whereas  the range  of measures  envisaged  is likely  to 
contribute,  within  the  framework  established  by 
Article  9 (1) of the Council  Decision  of 20 May  1975, 
to the  improvement  of  the  railways'  financial 
position  in a sector  of activity  to which,  owing  to its 
characteristics,  commercial  management  is 
particularly  suitable; 
Whereas  the drawing-up  of through  tariffs  for goods 
transport  between  Member  States  is likely  on the one 
hand  to strengthen  the  competitive  position  of the railways  and,  on the  other  hand,  to increase  the 
attractiveness  of  the  railways'  services  to  the 
customer; 
Whereas  the  movement  of transport  rates  towards 
market  economy  rules  only  allows  tariffs  to be of a 
reference  nature  as the rates  are fixed  freely  between 
railway  undertakings  and  their  customers; 
Whereas,  within  the  framework  of  such  an 
organization  the  initiative  for  drawing  up  such 
through  tariffs  in line  with  the market  situation  and 
their  own  interests  should  belong  only  to the railway 
undertakings; 
Whereas,  nevertheless,  in  cases  where  the 
negotiations  between  railway  undertakings  for  the 
setting  up or alteration  of through  tariffs  may  come 
up against  difficulties,  it will  be  necessary  to 
establish  a Community  arbitration  procedure; 
Whereas,  in order  to ensure  that  national  and 
Community  provisions  are  respected,  the 
Commission  and  Member  States  should  be able  to 
obtain  information  on  the  actual  freight  rates 
practised, 
HAS  ADOPTED  THIS  REGULATION: 
Article  1 
This  Regulation  applies  to international  freight 
transport  undertaken  by  the  following  railway 
administrations: 
— Societe  Nationale  des  Chemins  de  fer  Beiges 
(SNCB)/Nationale  Maatschappij  der  Belgische 
Spoorwegen  (NMBS), 
— Danske  Statsbaner  (DSB), 
— Deutsche  Bundesbahn  (DB), 
— Societe  Nationale  des  Chemins  de fer  Franfais 
(SNCF), 
— Coras  Iompair  Eireann  (CIE), 
— Azienda  autonoma  delle  ferrovie  dello  Stato  (FS), 
— Societe  Nationale  des  Chemins  de  fer 
Luxembourgeois  (CFL), 
— Naamloze  Vennotschap  Nederlandse  Spoorwegen 
(NS), 
— British  Railways  Board  (BRB), 
— Northern  Ireland  Railways  Company  Ltd  (NIR). 
5.1.76 Official  Journal  of the  European  Communities  No  C 1/39 
Article  2 
1. The  railway  undertakings  will  themselves 
establish  tariffs  and  conditions  for  international 
freight  transport  taking  into  account  their 
obligations  under  the EEC  and ECSC  Treaties. 
2. In  conformity  with  the objectives  set out in the 
provisions  of Article  9 (1) of the Council  Decision  of 
20 May  1975  (1), the  railways  must  ensure  that 
receipts  for international  freight  transport  are equal 
to the corresponding  costs. 
3. The  provisions  of this  Article  do not affect  the 
right  of Member  States  to impose  compulsory  tariffs 
in accordance  with  Council  Regulation  (EEC)  No 
1191/69  of the 26 June  1969  (2). 
4. When  supplying  the information  provided  for 
in Article  8 of the Council  Decision  of 20 May  1975, 
the railways  will  also  supply  States  with  detailed 
information  on  the  obligation  provided  for  in 
paragraph  2. 
Article  3 
The governments  of the Member  States  will  take  all 
the steps  necessary  to remove  from  their  national 
legislation  any  provisions  which  are  incompatible 
with commercial  management  of international  freight 
transport  by rail  and  especially  those  provisions 
referring  to a priori  or a posteriori  approval  of rates 
and conditions  of transport  by  the  governing 
authorities. 
Article  4 
1. The  transport  of goods  between  Member  States 
shall  be controlled  by a system  of through  reference 
tariffs  which  take  account  of the needs  of the markets 
concerned  and  the  interests  of  the  railway 
undertakings. 
2. Through  tariffs  are  established  for  freight 
consignments  on the  basis  of a single  transport 
contract  which  conforms  with  the  provision  of the 
international  convention  concerning  the transport  of 
freight  by rail (CIM)  on the lines  figuring  in the list 
given  in Article  59 of that  Convention. 
3. Through  tariffs  are established  either,  on the 
basis  of general  tariffs,  or, on the  basis  of special 
tariffs.  They  may  be differentiated  according  to any 
of the  criteria  which  contribute  to their  reference 
function. 
C1) OJ No L 152,  12. 6. 1975,  p. 3. 
(2) OJ  No L 156,  28. 6. 1969,  p. 1. Article  5 
The through  reference  tariffs  constitute  an indicator 
for determining  transport  rates  that  the railways  and 
users  are  free  to use  according  to the  market 
situation  and  their  own  interests. 
Article  6 
The through  tariffs  can be established,  modified  or 
withdrawn  by  negotiations  between  the  railway 
undertakings.  These  undertakings  will  provide  for 
the publication  of these  measures  in their  tariff 
bulletins. 
Article  7 
1. If  the negotiations  referred  to in Article  6 do 
not lead  to an agreement,  any  of the  railway 
undertakings  concerned  can  submit  the  problem  to 
the Commission. 
2. Within  a month  from  receipt  of  the 
communication  referred  to in paragraph  1, the 
Commission  will  take  a decision  on the  tariffs  in 
question.  This  will  be done  after  consultation  with 
the advisory  committee  provided  for in Article  6 (la) 
of Council  Regulation  (EEC)  No ... (3). 
The decision  will  be  notified  to the  railway 
administrations  concerned,  to Member  States  and  to 
the public  through  the  Official  Journal  of the 
European  Communities. 
3. The  decision  of the  Commission  becomes 
binding  within  one  month  of its publication  unless, 
in the  meantime,  a Member  State  has  raised  the 
question  in Council.  In the  latter  case  the Council 
shall,  within'  one  month,  take  a decision  by a 
qualified  majority  and  publish  it in the  Official 
journal  of the European  Communities. 
Article  8 
1. The  railway  administrations  are  required  to 
provide  the  Commission  and  the  competent 
authorities  in the Member  States,  if so required,  all 
information  concerning  the  rates  and  conditions 
established  for  the  transport  of freight  between 
Member  States. 
2. The  Commission  will  establish,  as and  when 
needed,  a standard  outline  for the submission  of this 
information. 
3. The  information  obtained  when  this  Regulation 
is applied  is covered  by professional  secrecy. 
(3) Regulation  of the  Council  concerning  a system  for 
observing  the  market  for  the  carriage  of goods  by 
rail, road  and  inland  waterway  between  the  Member 
States. 
No C1/40 Official  Journal  of the  European  Communities 5.1. 76 
Article  9 
For the  purpose  of  applying  this  Regulation, 
Member  States  will  provide  each  other,  as well  as the 
Commission,  with  mutual  assistance. and administrative  provisions  necessary  for  the 
implementation  of this  Regulation. 
Article  11 
. Article  10 
In due  course  and  after  consultation  with  the 
Commission,  the Member  States  shall  adopt  the legal This  Regulation  enters  into  force  on 1 January  1978. 
This  Regulation  is binding  in its entirety  and  directly 
applicable  in every  Member  State. 
II 
Proposal  for a Council  Regulation  on a system  of reference  tariffs  for the carriage  of 
goods  by road  between  Member  States 
THE  COUNCIL  OF THE  EUROPEAN  COMMUNITIES, 
Having  regard  to the Treaty  setting  up the European 
Economic  Community  and  particularly  Article  75 
therein, 
Having  regard  to the proposal  of the Commission, 
Having  regard  to the  Opinion  of the  European 
Parliament, 
Having  regard  to the Opinion  of the Economic  and 
Social  Committee, 
Whereas  the  organization  of the  goods  transport 
market  ought  to be conceived  in accordance  with  the 
laws  of the market  economy  in order  to ensure  the 
optimum  allocation  of resources; 
Whereas  this  conception  also  applies  to the field  of 
transport  rates  and  conditions  which  constitute  an 
important  element  in the common  transport  policy, 
the application  of which  is prescribed  by the Treaty; 
Whereas,  therefore,  the fixing  of transport  rates  and 
conditions  ought  only  to be the  responsibility  of 
transport  undertakings  themselves  and  no longer  the 
responsibility  of  public  authorities  imposing 
compulsory  tariffs; instance,  only  to goods  traffic  by road  between 
Member  States; 
Whereas  the  transfer  from  a compulsory  tariff 
system  for  road  transport  between  Member  States 
towards  a system  of free-rate  fixing  should  be 
carried  out via the setting  up of a system  of reference 
tariffs; 
Whereas  in view  of their  role  in the management  of 
transport  undertakings,  reference  tariffs  ought  to 
take account  of the  costs  of the  relevant  transport 
services; 
Whereas  reference  tariffs  have  only  an indicative 
value,  the establishment  of draft  tariffs  can be left  to 
the initiative  of the economic  interests  concerned; 
Whereas,  nevertheless,  in order  to maintain  a balance 
between  the need  to protect  the public  interest  and 
the need  to confer  the responsibility  for establishing 
tariffs  on the  relevant  economic  interests,  the draft 
reference  tariffs  should  be  submitted  to  the 
Commission  for  confirmation,  with  the  reservation 
that there  is the possibility  of appeal  to the Council; 
Whereas  in order  to ensure  that  the  procedures 
conform  to  those  of  the  Community,  the 
Commission  and  the Member  States  must  be able  to 
obtain  information  concerning  the  transport  rates 
actually  applied; 
Whereas  in order  to avoid  too abrupt  a change  from 
the present  system  of rates  and  conditions  of 
transport,  it would  seem  appropriate  to achieve  this 
conception  progressively  and  to apply  it, in the first Whereas,  for a transitional  period,  it is appropriate 
to convert  the  compulsory  tariffs  in force  on 
31 December  1976  into  reference  tariffs;  that  for 
traffic  routes  where  such  compulsory  tariffs  are not 
5.1. 76 Official  Journal  of the  European  Communities No C 1/41 
applicable  on that  date  it is necessary  to give  the 
relevant  trade  organizations  time  to establish  such 
reference  tariffs; 
Whereas,  for  both  economic  and  practical  reasons 
certain  types  of transport  would  be exempt  from  any 
system  of tariffs, 
HAS  ADOPTED  THIS  REGULATION: 
Article  1 
This  Regulation  shall  apply  to the  carriage  of 
goods  for  hire  or reward  by road  between  the 
Member  States  of  the  European  Communities 
including  those  goods  covered  by  the  Treaty 
establishing  the European  Coal  and  Steel  Community 
whether  or not,  for part  of the journey, 
— carriage  involves  a transit  journey  through  a non-
member  country, 
— the  vehicle  containing  the  goods  is carried 
without  break  of load  by sea,  rail or waterway. 
Article  2 
1. The  transport  operations  referred  to in Article 
1 shall  be subject  to a system  of reference  tariffs. 
2. The  reference  tariffs  shall  constitute  an 
indication  for determining  transport  rates,  which  the 
users  arid  the transport  undertakings  shall  be free  to 
fix at their  discretion  according  to the  market 
situation  and  their  own  interests. 
Article  3 
1. The  system  of reference  tariffs  shall  include 
bilateral  and  multilateral  tariffs. 
2. The  reference  tariffs  shall  be established  either 
in the  form  of general  tariffs  or in the  form  of 
special  tariffs.  They  can  be differentiated  under  any 
of the  criteria  which  contribute  to their  function  as 
reference  tariffs. 
3. The  tariffs  shall  incorporate  price  schedules  and 
all the  other  rules  required  for  calculating  the 
transport  rate  (transport  rate  proper  and  associated 
costs). 
Article  4 
The reference  tariffs  shall  be so established  in such  a 
way as to lead  to the application  of transport  rates 
which  cover  the costs  of the  corresponding  services including  commercial  costs,  and  to allow  a fair  profit 
for a properly  managed  and  rationally  operated 
undertaking  engaged  in the  carriage  of goods  by 
road. 
Article  5 
1. The  reference  tariffs  shall  be established  by 
joint  agreement  among  the associations  of carriers  of 
goods  by road  in the Member  States  concerned,  as a 
result  of bilateral  or multilateral  negotiations.  The 
organizations  representing  transport  users  and 
providers  of services  ancillary  to transport  as well  as 
trade  unions  shall  be  associated  with  these 
negotiations. 
2. The  road  transport  trade  organizations  shall 
send  the  draft  tariffs  to the  Commission  and  the 
Member  States  concerned. 
3. The  Member  States  shall  designate  the 
organizations  referred  to in paragraphs  1 and 2. 
Article  6 
1. The  reference  tariffs  shall  be confirmed  under 
the conditions  set out in the procedures  hereafter. 
2. Within  one  month  from  the date  of receipt  of 
the draft  reference  tariffs,  the Commission  shall  take 
a decision  on the confirmation  of these  draft  tariffs, 
after  consulting  the committee  referred  to in Article 
6 (1) (a) of Council  Regulation  (EEC)  No.  ... ('). 
This  decision  shall  be published  in the  Official 
Journal  of the European  Communities. 
3. The  decision  of the  Commission  shall  become 
binding  from  one month  from  the date  of publication 
unless,  meanwhile,  a Member  State  raises  the 
question  in Council.  In this  case,  the Council  shall 
take a decision  by qualified  majority  within  one 
month  and  publish  the  decision  in the  Official 
Journal  of the European  Communities. 
4. As  soon  as the  decision  Confirming  the draft 
becomes  binding,  the  governments  of the  relevant 
Member  States  will  ensure  publication  of  the 
confirmed  tariffs. 
Article  7 
1. The  procedure  set  out  in Articles  5 and  6 
applies  equally  to modifications  of the  reference 
tariffs. 
(') Regulation  of the  Council  concerning  a system  of 
observing  the  markets  for  the  carriage  of goods  by 
rail, road  and  inland  waterway  between  the  Member 
States, 
No C 1/42 Official  Journal  of the  European  Communities 5. 1. 76 
2. However,  the  procedure  referred  to  in 
paragraph  1 does  not  apply  to  non-essential 
modifications  which  shall  be published  in the  tariff 
bulletin  of the  transport  trade  organizations,  after 
consultation  with  organizations  representing  users, 
providers  of services  ancillary  to transport  and  the 
transport  workers'  unions. 
The terms  and  conditions  of the simplified  procedure 
shall  be drawn  up by the  Commission,  within  six 
months  from  the  date  of  application  of  this 
Regulation,  after  consultation  with  the  advisory 
committees  provided  for in Article  6 (1) (a) and  (b) 
of Council  Regulation  (EEC)  No.  ... (1). 
Article  8 
If the  negotiations,  either  for  drawing  up  or 
modifying  the  reference  tariffs,  cannot  end  in 
agreement,  the  interested  organizations  shall  inform 
the Commission  of the disagreement.  In this  case,  the 
decision  concerning  the difficulty  shall  be drawn  up 
following  a procedure  similar  to that  referred  to in 
Article  6. 
Article  9 
1. The  transport  undertakings  shall  be required  to 
communicate  to  the  Commission  and  to  the 
appropriate  authorities  of the  Member  States,  upon 
request,  any  information  relating  to rates  operative 
for the international  carriage  of goods  by road. 
2. The  Commission  shall  establish,  if the  need 
arises,  a uniform  outline  programme  for  these 
communications. 
3. Information  obtained  in implementation  of this 
Regulation  shall  be covered  by the  obligation  of 
professional  secrecy. 
Article  10 
The Commission  shall,  by 1 December  each  year  and 
after  consultation  with  the  advisory  committees 
provided  for  in Article  6 (1) (a) and  (b) of Council 
Regulation  (EEC)  No.  ... (1), draw  up a report  on 
the trends  in rates  and  conditions  of transport  in the 
sector  of road  transport  between  Member  States. 
Article  11 
1. During  the  transitional  period,  before  the 
reference  tariffs  are drawn  up under  the  conditions 
(*) Regulation  concerning  a system  of observing  the 
markets  for  the  carriage  of goods  by rail,  road  and 
waterway  between  the Member  States. defined  in this  Regulation,  the  compulsory  bracket 
tariffs  applicable  to goods  transport  by road  between 
Member  States  in force  on 31 December  1976  under 
Regulation  (EEC)  No  1174/68  (2), last  modified  by 
Regulation  (EEC)  No.  ...,  shall  be converted,  as 
from  1 January  1977  into  reference  tariffs  within  the 
meaning  of this  Regulation.  As from  that  date,  the 
upper  limits  of these  tariffs  shall  constitute  the 
schedules  of rates  within  the meaning  of Article  3 (3). 
2. For  those  goods  transport  traffic  by road  for 
which  no  compulsory  bracket  tariffs  have  been 
drawn  up under  the  terms  of Regulation  (EEC)  No 
1174/68,  the  reference  tariffs  shall  be published  by 
31 December  1977  at the  latest.  To  this  end  the 
negotiations  referred  to in Article  5 shall  start, 
without  delay,  as soon  as this  Regulation  enters  into 
force.  In the  event  of lack  of agreement  before 
30 September  1977,  the Commission  shall  be informed 
of the  disagreements  under  the  conditions  set  out 
under  Article  8. 
Article  12 
1. In  due  course,  and  after  consultation  with  the 
Commission,  the Member  States  shall  adopt  the legal 
and administrative  provisions  necessary  for  the 
implementation  of this  Regulation. 
2. At  the request  of a Member  State  or on its own 
initiative,  the Commission  shall  consult  the Member 
States  with  regard  to the  drafts  of the  laws  and 
administrative  provisions  referred  to in paragraph  1. 
3. The  Member  States  shall  afford  assistance  to 
each  other  and  to the  Commission  for  the purposes 
of the application  of this  Regulation. 
Article  13 
No tariff  system  shall  be apiplied: 
— to the carriage  of goods  not exceeding  five  metric 
tons in total  weight  consigned  by  a single 
consignor  to a single  consignee, 
— to the carriage  of goods  over  a distance  which  in 
total  does  not exceed  50 km, 
— to the types  of carriage  listed  in the Annex  to this 
Regulation, 
— to the carriage  of live  animals, 
— to carriage  involving  the use of special  vehicles  or 
special  traffic  arrangements. 
(2) OJ  No L 194,  6. 8. 1968,  p. 1. 
5.1.76 Official  Journal  of the  European  Communities No C 1/43 
Article  14 Article  IS 
The provisions  of this  Regulation  shall  not  apply  to 
any obligation  covered  by the  Treaty  establishing  the 
European  Coal  and  Steel  Community. This  Regulation  shall  enter  into  force  on 1 January 
1977. 
This  Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States. 
ANNEX 
Goods  whose  transport  is exempt  from  any  tariff  system,  as provided  for  under  Article  13 
of the  Regulation 
— occasional  carriage  of goods  to or from  airports,  in the event  of air services  being  diverted, 
— carriage  of luggage  in trailers  coupled  to passenger-carrying  vehicles  and  the  carriage  of 
luggage  in all types  of vehicle  to and  from  airports, 
— carriage  of mails, 
— carriage  of damaged  vehicles, 
— carriage  of refuse  and  sewage, 
— carriage  of animal  carcases  for disposal, 
— carriage  of bees  and  fish  fry, 
— carriage  of objects  and works  of art for exhibition  or for commercial  purposes, 
— occasional  carriage  of objects  and  material  exclusively  for  publicity  or information 
purposes, 
— removals  by undertakings  having  special  staff  and  equipment  for this  purpose, 
— carriage  of material,  properties  and  animals  to or from  theatrical,  musical  or film 
performances  or sporting  events,  circuses,  exhibitions  or fairs,  or to or from  the making  of 
radio  or television  broadcasts  or films, 
— carriage  of gold,  silver,  platinum,  money,  coins  and  securities,  stamps,  documents,  stones 
or real  pearls, 
— carriage  of articles  required  for medical  care  in emergency  relief,  in particular  for natural 
disasters, 
— carriage  of spare  parts  for sea-going  vessels. 
No C 1/44 Official  Journal  of the European  Communities 5. 1. 76 
III 
Proposal  for Council  Regulation  concerning  a system  for observing  the markets  for the 
carriage  of goods  by rail,  road  and  inland  waterways  between  the  Member  States 
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  in order  to ensure  that  the markets  for the 
carriage  of goods  between  Member  States  by rail, 
road  and  inland  waterway  function  smoothly,  it is 
essential  to  establish  a permanent  system  for 
observing  these  markets  with  the  aim  of gathering 
and using  all the data  and  information  available  on 
the markets  and  forecasting  short-  and  medium-term 
trends  in supply  and  demand  for  the  carriage  of 
goods; 
Whereas,  since  this  system  constitutes  one  of the 
basis  on  which  the  transport  markets  will  be 
organized,  it must  be introduced  at Community 
level,  with  participation  of the  national  authorities, 
as well  as of professional  bodies  and  transport 
workers'  unions;  and  whereas  this  system  should 
supply  the  facts  regarding  the  situation  of the 
markets  and  make  it possible  to identify  trends  and 
collate  the data  gathered  into  forecasts  for short-  and 
medium-term  transport  needs  and  capacities;  and 
whereas  these  forecasts  must  provide  the  reference 
base for  any  investment  decisions  by undertakings 
and for the activities  connected  with  the permanent 
observation  of  the  market  by  the  competent 
authorities; 
Whereas  such  a observation  system  implies  the 
power  to conduct  sample  surveys  of the market,  or 
of particular  sectors  of the market; 
Whereas,  to assist  the  Commission  in carrying  out 
the duties  in respect  of observing  the  transport markets  which  have  been  assigned  to  it,  the 
Commission  must  be in a position  to call  on the 
active  participation  of the  undertakings,  the  users, 
the transport  workers'  unions,  and  the  national 
public  authorities;  and  whereas  it would  seem 
necessary  for  this  purpose  to institute  Advisory 
Committees  made  up of representatives  of carriers, 
users,  providers  of services  ancillary  to transport  and 
transport  workers'  unions,  and  representatives  of the 
governments  of the Member  States  respectively, 
HAS  ADOPTED  THIS  REGULATION: 
Article  1 
1. In  order  to ensure  that  the  markets  for  the 
carriage  of goods  between  the Member  States  by rail, 
road  and  inland  waterway  function  smoothly,  a 
system  for  observing  these  markets  is hereby 
established. 
2. The  observation  system  shall  include: 
— analysis  of the markets, 
— forecasting  short-  and  medium-term  trends  in 
transport  requirements  and  capacities. 
The management  of this  system  shall  be  the 
responsibility  of the  Commission,  assisted  by the 
Advisory  Committees  referred  to in Article  6. 
Article  2 
1. The  analysis  of the  markets  shall  involve  the 
appraisal  of the  situation  in the  transport  markets 
and the identification  of the trends  therein  by means 
of a number  of indicators,  including: 
— the  relationship  between  supply  and  demand  for 
the carriage  of goods, 
— the  economic  situation  of transport  undertakings, 
— jobs  available  and  the level  of employment. 
5.1. 76 Official  Journal  of the  European  Communities No C 1/45 
For this  purpose  the following  in particular  shall  be 
taken  into  account: 
— the  actual  freight  rates, 
— the  average  rate  of use of transport  capacity, 
— the  number  of transport  undertakings  ceasing 
operations  of becoming  bankrupt, 
— unemployment  figures  in the transport  sector. 
2. The  Commission  shall  draw  up annual  reports 
on the  situation  in the transport  markets  and  trends 
developing  therein.  The  first  of these  reports  shall  be 
drawn  up by . .. (J). 
Article  3 
1. In  forecasting  short-  and  medium-term 
transport  requirements  and  capacities,  the  following 
shall  be assessed: 
— requirements  in respect  of the  carriage  of goods 
between  Member  States  for  each  form  of 
transport, 
— the  development  of transport  capacity  by road, 
rail and  inland  waterway. 
For this  purpose  the following  in particular  shall  be 
taken  into  account: 
— the  guidelines  given  in the  programme  for 
medium-term  economic  policy  and  the 
projections  carried  out  pursuant  to the  Council 
Decision  of 18  February  1974  setting  up the 
Economic  Policy  Committee  (2), 
— the  guidelines  and  programmes  established  under 
the Community's  regional  policy  pursuant  to the 
Council  Decision  of 18 March  1975  establishing 
the European  Regional  Development  Fund  (3), 
— forseeable  trends  in transport  demand,  taking 
into account  developments  in industrial  and 
agricultural  production  and  structural  changes. 
2. The  forecasts  referred  to in paragraph  1 above 
shall  be drawn  up in the  form  of annual  reports, 
covering  periods  of five  years  and  the  first  such 
report  being  submitted  by 1 January  . .. (1). 
(J) It is proposed  to set a time  limit  of one  year  from 
the date  on  which  the  Advisory  Committees  are 
established. 
(2) OJ No L 63, 5. 3. 1974. 
(3) OJ No L 73, 21. 3. 1975. These  reports  shall  include  forecasts  for  the 
following  period  of five  years.  The  forecasts  shall  be 
reviewed  annually;  when  necessary  they  shall  be 
revised  to reflect  the actual  situation  on the markets, 
taking  account  of the  findings  of the  analysis 
referred  to in Article  2. 
Article  4 
1. In  carrying  out  the  duties  assigned  to it under 
Articles  2 and  3, the  Commission  may  undertake 
sample  surveys  of the  markets  or of sectors  of the 
market  covering  transport  undertakings,  users  and 
providers  of  services  ancillary  to transport,  or 
request  Member  States  to  make  such  surveys, 
according  to  a programme  established  by  the 
Commission  after  consulting  the  Committees 
referred  to in Article  6(1). 
2. The  information  gathered  pursuant  to Article  4 
(1) shall  not be used  for any  other  purpose  than  that 
for which  it was  requested. 
3. The  Commission  and  its officials  and  other 
servants  shall  not  divulge,  as separate  items,  any 
information  they  have  gathered  in the  course  of 
implementing  this  Regulation,  this  information 
being,  by  its  nature,  covered  by  professional 
secrecy. 
Article  5 
1. The  reports  referred  to in Article  2 (2)  and 
Article  3 (2) shall  be drawn  up by the  Commission 
after  consulting  the Committees  referred  to in Article 
6 (1). 
2. They  shall  be made  available  to: 
— the  other  institutions  of the Community, 
— the  governments  of the Member  States, 
— the  Advisory  Committee  on  Transport 
established  under  Article  83 of the Treaty. 
Article  6 
1. With  a view  to assisting  the  Commission  in 
carrying  out  the  duties  assigned  to  it by  this 
Regulation,  the following  shall  be established  by the 
Commission: 
(a) an advisory  committee  consisting  of 
representatives  of transport  undertakings,  users, 
providers  of services  ancillary  to transport  and 
transport  workers'  unions; 
(b) an advisory  committee,  consisting  of 
representatives  of the Member  States. 
No C 1/46 Official  Journal  of the European  Communities 5.1. 76 
2. The  Committees  referred  to in paragraph  1 
shall  deliver  to the  Commission  opinions  on all 
questions  relating  to the operation  of the markets  for 
the carriage  of goods  by rail,  road  and  inland 
waterway  between  Member  States,  either  at the 
request  of  the  Commission  or  on  their  own 
initiative. 
Article  7 
The Commission  shall,  within  six months  of the date 
on which  this  Regulation  enters  into  force,  adopt 
measures  concerning: 
— the  form,  content  and  procedure  of the  analysis 
machinery  referred  to in Article  2 and  in 
particular  of the indicators, 
— the  Advisory  Committees  referred  to in Article  6(1). 
Article  8 
The Member  States  shall,  within  six months  of the 
date on which  this  Regulation  enters  into  force  and after  consulting  the  Commission,  adopt  the  laws, 
regulations  and  administrative  provisions  necessary 
for the  implementation  of this  Regulation.  These 
provisions  shall  inter  alia  relate  to the organization, 
the procedure,  the  supervisory  machinery,  the 
penalties  applicable  for  infringements  and  the 
measures  necessary  for  the  performance  by  the 
Commission  of the  tasks  assigned  to it under  the 
present  Regulation. 
2. The  competent  authorities  in the  Member 
States  shall  give  the  Commission  all the  assistance 
necessary  for  the  latter  to carry  out  the  duties 
assigned  to it under  this  Regulation. 
Article  9 
This  Regulation  shall  enter  into  force  on .... 
This  Regulation  shall  be binding  in his entirety  and 
directly  applicable  in all Member  States.