31. 12. 85 Official Journal of the European Communities No C 344/7 
At its 231st plenary session (meeting of 27 November 1985) the Economic and Social Committee 
adopted the following opinion unanimously: 
Guided by the arguments set out in the explanatory memorandum, the Committee approves the 
content of the draft Regulation. 
Done at Brussels on 27 November 1985. 
The Chairman 
of the Economic and Social Committee 
Gerd MUHR 
Opinion on the proposal for a Council Regulation amending Regulation (EEC) No 3164/76 on the 
Community quota for the carriage of goods by road between Member States (*) 
(85/C 344/06) 
On 22 October 1985 the Council decided to consult the Economic and Social Committee, under 
Article 75 of the Treaty establishing the European Economic Community, on the abovementioned 
proposal. 
The Section for Transport and Communications, which was responsible for preparing the 
Committee's work on the subject, adopted its opinion at its 166th meeting on 13 November 1985, in 
the light of the oral report by Mr Binnenbruck. 
At its 231st plenary session (meeting of 27 November 1985) the Economic and Social Committee 
adopted the following opinion with no votes against and two abstentions: 
1. Preliminary comments 
1.1. Council Regulation (EEC) No 3621/84 of 19 
December 1984 amending Regulation (EEC) No 3164/76 
on the Community quota for the carriage of goods by road 
between Member States (2) increased the Community quota 
by 30 % in 1985 and by 15 % in each of the following four 
years (3). The total number of Community authorizations for 
1985 was thus fixed at 5 268 (4). 
1.2. 'The Community authorizations resulting from the 
increase in the quota shall be allocated among the Member 
States on the basis of 50 % allocated across the board and 
50 % on the basis of the use made of the Community quota 
authorizations by carriers established in each Member State. 
The method of calculating the utilization of Community 
authorizations is given in Annex IV (5). 1.3. It was also specified that, because of their special 
geographical situation, the number of authorizations 
allocated to Greece, Ireland and the United Kingdom was to 
be increased by six, six and two units respectively in 1985 
and by three, three and one units in each of the four following 
years. 
1.4. Finally, Article 3 (5) of the Regulation stated that 
from 1985 onwards the Commission was to determine, 
before 1 October of each year, the new allocations resulting 
from the increase in the quota in accordance with the fixed 
criteria. Accordingly, Commission Decision 85/476/EEC 
of 27 September 1985 fixed the 15% increase for 1986 at 
803 authorizations (thus bringing the total to 6 071) and 
divided out this increase between the Member States (6). 
1.5. The present proposal, apart from reiterating the 
1986 provisions for the Community of Ten which the 
Commission has already laid down, has a dual purpose: 
») OJ No C 284, 7. 11. 1985, p. 6. 
2) OJ No L 333, 21. 12. 1984, p. 61. 
3) idem, Article 3 (1) of amended Regulation No 3164/76. 
4) idem, Article 3 (4). 
5) idem, Article 3 (3). firstly, it fixes the number of Community authorizations 
for Spain and Portugal; 
(6) OJ No L 284, 24. 10. 1985, p. 61. 
No C 344/8 Official Journal of the European Communities 31. 12. 85 
— secondly, in order to cater for the extra traffic in the 
Community of Ten resulting from Spanish and 
Portuguese accession, the total of 803 new authorizations 
in 1986 is to be increased by a further 7,6%. 
1.6. A total of 7 437 Community authorizations will thus 
be available in the Community of Twelve in 1986. 
1.7. The Economic and Social Committee has repeatedly 
discussed the question of Community road haulage quotas. 
In its most recent opinion on this subject of 26 October 
1983 (*), it voted by 72 votes to 38, with two abstentions, 
against the automatic extension of capacity. It also stated 
that the quota system was crucial to the stabilization of the 
common transport market, and gave its views on the difficult 
question of allocating the authorizations fairly amongst the 
Member States, whose bilateral agreements also regulate 
cross-border traffic in the Community. 
2. General comments 
2.1. While abiding by its previous comments on the 
subject of Community road haulage authorizations, the 
Committee considers that Spanish and Portuguese accession 
is the sole justification for the Commission proposal. 
2.2. The increase in the Community road haulage quota 
to meet demand and its fair allocation among the Member 
States are issues which have once again been brought to the 
fore by the accession of Spain and Portugal. The European 
Court of Justice's judgment regarding the freedom to operate 
as a road haulier (2) and the Decisions taken at the Milan 
Summit (3) on the completion of the internal market 
(bilateral quota agreements between Member States to be 
abrogated by 1992) have also put heavy emphasis on the fact 
that the common transport policy must cover a Community 
system for regulating access to the market. 
2.3. The Committee considers that it is impossible to 
form a clear picture of how important Community 
authorizations are for Community transport and integration 
from the information supplied by the Commission on how 
the system has evolved and been used so far. Similarly, the 
explanation of the method used to calculate and allocate 
extra authorizations is difficult to understand, if not 
incomprehensible. The Committee would therefore reiterate 
its suggestion that the Commission should make its 
H OJ No C 358, 31. 12. 1983, p. 28. 
(2) European Parliament v. Council, case 13/83 of 22. 5. 1985. 
(3) 14. 6. 1985 (European Council meeting in Milan on 28/29. 6. 
1985). documents more extensive, more understandable and more 
informative in future. In so doing, it should highlight the 
following points: 
2.3.1. the advantages of the Community system vis-a-vis 
Member States' bilateral agreements, 
2.3.2. the ratio of licensed to non-licensed haulage 
operations, 
2.3.3. not only the use made of authorizations but also the 
productivity in the different fields of transport, 
and 
2.3.4. the use made of authorizations according to 
routes. 
2.4. As a result it should be possible to make a better 
appraisal of the Community system in the context of the 
realities of the market. 
2.5. The Commission's calculation of the number of 
authorizations for Spain and Portugal is based on 
Community road haulage figures for 1983. On this basis it 
has determined these countries' shares of the traffic to and 
from the 10 Member States. It has elected the topping-up 
method for these calculations, i.e. the new Member States 
receive quotas of their own which top up the existing quotas. 
This method would appear to be logical. 
2.6. Spanish and Portuguese hauliers carry a tonnage 
equal to 8,19 % and 1,43 % respectively of the total tonnage 
transported by road in the Community of Ten. These figures 
would seem to match Spain and Portugal's trade with the 
other Community countries, with the result that the 
Committee has no objection to their quota shares being 
calculated on this basis. 
3. Specific comments 
3.1. Apart from extending the size of the Community as a 
market and area of production, the accession of Spain and 
Portugal will also increase traffic flows. Experts have 
forecast that between now and the year 1995 the increase in 
the demand for long-distance hauls will be greater in the 
peripheral regions of the Community than in the densely 
populated industrial areas and centres of communication. 
3.2. With this in mind, the Committee has examined in 
greater detail whether the changes in Member States' 
allocations reflect the probable pattern of growth in road 
haulage. It notes that if Spain and Portugal had been 
members of the Community since 1984, some countries' 
shares would fall while others' would rise. This is clear from 
the following table: 
31. 12. 85 Official Journal of the European Communities No C 344/9 
Changes in Member States' shares of the Community quota resulting from Spanish and Portuguese accession 
Belgium 
Denmark 
Germany 
Greece 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
United Kingdom 
Portugal 
Spain 1984 
1 
433 
305 
727 
88 
656 
88 
567 
111 
626 
436 
4 038 
(58) 
(436) 
4 427 % 
2 
9,8 
6,9 
16,4 
2,0 
14,8 
2,0 
12,8 
2,5 
14,1 
9,9 
1,3 
7,5 
100,0 1985 
3 
570 
469 
914 
131 
801 
147 
721 
179 
785 
551 
5 268 
(129) 
(443) 
5 840 % 
4 
9,8 
8,0 
15,7 
2,2 
13,7 
2,5 
12,4 
3,1 
13,4 
9,4 
100,0 1986 
(Commission 
Decision) 
5 
+ 87 
+ 112 
+ 120 
+ 27 
+ 89 
+ 42 
+ 100 
+ 48 
+ 107 
+ 75 
+ 803 6 
657 
581 
1034 
158 
890 
189 
821 
227 
888 
626 
6 071(>) 1986 
(proposal) 
7 
707 
625 
1 112 
170 
957 
204 
883 
245 
955 
673 
6 531(2) 
233 
673 
7 437 8 
+ 50 
+ 44 
+ 78 
+ 12 
+ 67 
+ 15 
+ 62 
+ 18 
+ 63 
+ 47 
+ 456 % 
9 
9,5 
8,4 
15,0 
2,3 
12,9 
2,7 
11,9 
3,3 
12,8 
9,1 
3,1 
9,1 
100,0 
0) Increase of 15,2 % vis-ci-vis 1985. 
(2) Increase of 24 % vis-ii-vis 1985 or 7,6 % vis-ii-vis the shares laid down in Commission Decision 85/476/EEC 
of 27 September 1985. 
3.3. Thus, Denmark's, Greece's, Ireland's, 
Luxembourg's and Spain's shares are up, while the other 
countries' shares are down. The Committee thinks that these 
changes are commensurate with the geographical spread of. 
future growth in the industry — which has been realistically 
assessed by the Commission — and will probably not impede 
integration. 
3.4. However, the Committee thinks that the method 
used at present for calculating and distributing the 
authorizations, which is based largely on the tonne per km 
criterion, is not accurate and precise enough to ensure the 
optimum adaptation of the quota system to the requirements 
of the common market. It therefore suggests that more 
consideration be given in future to the possibility of regional 
differentiation. This should also include the possibility of 
extending the Community system to traffic which is covered 
by bilateral agreements but which, to all intents and 
purposes, is Community traffic, since it has benefited from 
Community legislation. 
3.5. The Committee also discussed the question of the 
extra authorizations to be granted to the 10 existing Member States so that their hauliers can operate throughout the larger 
market. The Commission has calculated that the 
authorizations allocated to the 10 Member States for 1986 
should be increased by 7,6 %. There are no objections to this 
increase, which is in line with these Member States' likely 
share of traffic. 
3.6. Finally, in discussing the technical aspects, the 
Committee notes that the development of the common 
market in transport is hampered by distortions of 
competition which are due in particular to differences in 
national legislation and their adverse effects on carriers' 
competitiveness. The tonne per km criterion cannot be used 
by itself for the allocation and automatic adjustment of 
authorizations unless carriers in all Member States are free to 
use vehicles of the same size. Carriers from Member States in 
which high gross weights and payloads are permitted have an 
indirect advantage under the Community system. Thus, 
making the authorities' work less complicated and 
harmonizing procedures is not enough. Instead swift action 
should be taken to get vehicles' technical specifications 
harmonized once and for all. 
Done at Brussels, 27 November 1985. 
The Chairman 
of the Economic and Social Committee 
Gerd MUHR