No C 185/10 Official  Journal  of the European  Communities 3. 8.77 
II 
(Preparatory  Acts) 
COMMISSION 
Amendments  to proposals  for Council  Regulations: 
I. on the fixing  of rates  for international  goods  transport  by rail 
II. on a system  of reference  tariffs  for the carriage  of goods  by road  between  Member 
States 
III. on a system  of reference  tariffs  for the carriage  of goods  by inland  waterway  between 
Member  States 
(Submitted  by  the  Commission  to the  Council  pursuant  to the  second  paragraph  of 
Article  149  of the EEC  Treaty) 
I 
Amendment  to the  proposal  for  a Council  Regulation  on the  fixing  of rates  for 
international  goods  transport  by rail (*) 
The third  recital  reads  as follows: 
'Whereas  this  concept  has  to be reached  in stages 
beginning  with  the  present  situation  and,  in the 
first place,  with  international  goods  transport; 
whereas  during  this  stage  further  progress  must  be 
made  towards  the  harmonization  of cost  factors 
in the social,  technical  and  fiscal  fields;  whereas 
in a second  stage  the concept  of this  Regulation 
will be extended  to cover  transport  within  the 
Member  States,  taking  into  account  the progress 
made  towards  harmonization;' 
The fifth  recital  reads  as follows: 
'Whereas,  as a result,  the railway  administrations 
must  achieve  a balance  between  receipts  and  costs 
for corresponding  services;  this obligation  does  not 
(i) OJ No C 1, 5. 1. 1976,  p. 37. exclude  the possibility  of medium-term  cross-sub-
sidization  within  the  international  transport 
sector 
The eighth  recital  reads  as follows: 
'Whereas  the range  of measures  envisaged  should 
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  in which  the pros-
pects  of a continuing  increase  in long-distance 
transport  in Europe  require  this  objective  to be 
achieved  as quickly  as possible.' 
The ninth  recital  reads  as follows: 
'Whereas  the establishment  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 
3. 8.77 Official  Journal  of the European  Communities No C 185/11 
customer;  whereas,  furthermore,  through  tariffs 
will help  to reduce  the economic  significance  of 
national  frontiers,  thereby  improving  trade  between 
the Member  States,  which  is one  of the objectives 
of the  Treaties  establishing  the  European  Com-
munities.' 
The text  of Article  4 (1) is replaced  by the following: 
'The  transport  of goods  between  Member  States 
shall  be controlled  by  a system  of through-
reference  tariffs  set up by the  railways  for  all transport  services  where  the needs  or the markets 
and the  interests  of the  railway  undertakings 
justify  such  a system.' 
The text  of Article  4 (3) is replaced  by the following: 
'Through  tariffs  shall  be established  either  in the 
form  of general  tariffs,  or in the form  of special 
tariffs.  They  shall  be sufficiently  differentiated 
to take  account  of the  characteristics  of the 
various  transport  operations  and  to promote  sepa-
rate rates  which  do not  differ  widely  from  the 
reference  tariffs.' 
II 
Amendment  to the proposal  for a Council  Regulation  on a system  of reference  tariffs 
for the carriage  of goods  by road  between  Member  States  (x) 
Article  3 (2) is amended  as follows: 
'Reference  tariffs  shall  be established  either  in the form  of general  tariffs,  or in the 
form  of special  tariffs.  They  shall  be sufficiently  differentiated  to take  account  of the 
characteristics  of the  various  transport  operations  and  to promote  separate  rates 
which  do not differ  widely  from  the reference  tariffs.' 
A second  paragraph,  worded  as follows,  is added  to Article  8: 
'The  Commission  may  itself  set the interested  organizations  a time  limit  for the 
completion  of the negotiations;  if no agreement  has been  reached  by the end  of this 
period,  the Commission  shall  as of right  initiate  the procedure  outlined  in the second 
sentence  of paragraph  1.' 
(*) OJ No C 1, 5. 1. 1976,  p. 41. 
Ill 
Amendment  to the proposal  for a Council  Regulation  on a system  of reference  tariffs 
for the carriage  of goods  by inland  waterway  between  Member  States  (*) 
The tenth  recital  reads  as follows: 
'Whereas,  in the event  of negotiations  in the inland  shipping  sector  on the establish-
ment  of tariffs  or the consultation  of transport  users  running  into  difficulties,  an 
arbitration  procedure  under  public  law by the Commission  should  produce  solutions 
which  satisfy  the interests  of all parties  concerned;' 
(!) OJ No C 54, 8. 3. 1976,  p. 30. 
No C 185/12 Official  Journal  of the European  Communities 3. 8. 77 
The text  of Article  4 (1) is replaced  by the following: 
'Reference  tariffs  shall  be established  jointly  by the  trade  associations  of inland 
waterway  carriers  in the  Member  States  concerned,  in bilateral  or multilateral 
negotiations.  To this  end  they  shall  consult  the relevant  organizations  of transport 
users,  agents  and  providers  of ancillary  services,  and  transport  workers.' 
The text  of Article  5 (3) is replaced  by the following: 
'The  Commission  Decision  shall  become  enforceable  one  month  from  the date  of 
publication.'