7. 5. 90 Official Journal of the European Communities No C 112/13 
Opinion on the proposal for a Council Regulation (EEC) on Community transit C1) 
(90/C 112/04) 
On 16 November 1989 the Council decided to consult the Economic and Social Committee, 
under Article 100A of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing 
the Committee's work on the subject, adopted its Opinion on 9 February 1990. The rapporteur 
was Mr Broicher. 
At its 274th plenary session (meeting of 28 February 1990) the Economic and Social Committee 
adopted the following Opinion by a majority, with one abstention. 
1. General comments 
1.1. The Committee welcomes the Commission's 
efforts to: 
— consolidate the much amended Community transit 
provisions, and 2.1.2. The Committee thinks that subjecting intra-
Community movements of Community goods to a cus­
toms procedure for reasons other than those given in 
Article 1(3) (a) and (b) is not compatible with the 
Internal Market. The Committee is strengthened in this 
belief by the Commission's admission in the fourth 
recital that these movements of goods are not to be 
subject to customs controls and formalities. 
— adapt these provisions to the post-1992 Internal 
Market. 
1.2. While it is possible to endorse in full the external 
Community transit procedure for non-Community 
goods (Tl procedure), the Committee thinks that the 
internal procedure for Community goods (T2 pro­
cedure) will have to be changed. One of the reasons for 
this is that greater allowance will have to be made for 
the existence of the Internal Market. 2.1.3. If other controls are to be necessary after 1992 
for the direct transport of goods with Community status 
between two or more Member States, it will be necess­
ary to find solutions outside the field of customs law. 
This does not rule out a declaration to the effect that 
the T2 provisions are to apply, mutatis mutandis, and 
selection of a procedure consistent with the T2 pro­
cedure. It will not be clear if and to what extent this 
will be necessary until the Community's legislative body 
has adopted the final provisions for the Internal Market, 
especially those relating to value added tax (VAT) and 
taxes on consumption. 
2. Specific comments 
2.1. Article l(3)(c) 
2.1.1. In contrast with Article 1(3) (a) and (b), Article 
l(3)(c) stipulates that the T2 procedure is to apply to 
cases: 2.1.4. The direct application of customs provisions 
—via the T2 procedure—to 'non-customs' areas would 
blur the limits between areas of law and could—albeit 
unintentionally—undermine the principle of the free 
movement of goods in the Internal Market. 
which are based on considerations not related to 
customs law, and 
which are not covered by Community provisions at 
the moment. Consequently, the Committee proposes the deletion of 
Article l(3)(c) and the addition of a new point 4 along 
the following lines: 
(!) OJ No C 307, 6. 12. 1989, p. 5. 'The internal Community transit procedure shall be 
applied, mutatis mutandis, in cases in which this 
is expressly prescribed in future by a Community 
provision.' 
No C 112/14 Official Journal of the European Communities 7. 5. 90 
2.1.5. Because the Committee attaches special 
importance to this point, it considers such a change to 
be absolutely necessary. 2.2. Article 38 
The Committee advocates a clarification in Article 38 
to the effect that the T2 procedure can be dispensed 
with except when it is required by Article 1(3). 
Done at Brussels, 28 February 1990. 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE 
Opinion on the proposal for a Council Regulation (EEC) amending Regulation (EEC) 
No 3164/76 concerning access to the market in the international carriage of goods by road (x) 
(90/C 112/05) 
On 8 December 1989 the Council decided to consult the Economic and Social Committee, 
under Article 75 of Treaty establishing the European Economic Community, on the above-
mentioned proposal. 
The Section for Transport and Communications, which was responsible for preparing the 
Committee's work on the subject, adopted its Opinion on 14 February 1990. The rapporteur 
was Mr Corell Ayora. 
At its 274th plenary session (meeting of 28 February) the Economic and Social Committee 
adopted the Opinion set out below by a majority vote, with one abstention. 
1. Commission objectives 
1.1. The Commission proposes cumulative annual 
increases of 40% in the EC quotas for 1990, 1991 and 
1992. The quotas are to be allocated to the Member 
States on the basis of the current allocations. 
In the Commission's view this procedure will make it 
possible to switch over to the new system applicable 
from 1993 in the smoothest possible way without dis­
turbing the market. It will also permit full implemen­
tation of the freedom to provide intra-Community road 
haulage services. 
1.2. The proposal also provides for abolition of the 
current obligation for record sheets to be inspected at 
frontiers. This concession is part of the phased removal, 
by the beginning of 1993, of checks at internal frontiers. 2. General comments 
2.1. The Committee draws attention to its earlier 
detailed examination, based on reports drawn up by 
Mr L. Smith, of the common rules governing access to 
the market in the carriage of goods by road between 
Member States. 
In its two Opinions of 26 November 1986 (2) and 
1 July 1987 (3) on this matter, the Committee agreed in 
principe with the phased liberalization of the intra-
Community road transport markets during the tran­
sitional period. It did, however, underline the need to 
introduce a number of support measures relating to 
operating and working conditions during this tran­
sitional period. 
These basic comments apply equally to the Com­
mission's proposed increases in the Community quota 
in 1990, 1991 and 1992. 
(J) OJ No C 316, 16. 12. 1989, p. 6. (2) OJ No C 333, 29. 12. 1986, p. 19. 
(3) OJ No C 232, 31. 8. 1987, p. 34.