14. 2. 90 Official Journal of the European Communities No C 34/15 
Proposal for a Council Directive amending Directive 75/130 on the establishment of common 
rules for certain types of combined carriage of goods between Member States 
COM(89) 564 final 
(Submitted by the Commission on 1 December 1989) 
(90/C 34/09) 
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 the application of Council Directive 
75/130/EEC ('), as last amended by Directive 
86/544/EEC (2), has produced positive results; 
Whereas the increasing problems related to road 
congestion, environment and road safety, call in the 
public interest for the further development of combined 
transport as a commercially attractive alternative for long 
distance intra-Community road haulage; 
Whereas the incentive given by present Community 
legislation on combined transport has faded due to the 
ongoing liberalization of conventional road haulage and 
hence this legislation needs to be amended in order to 
better exploit the possibilities offered by the various tech­
niques; 
Whereas on the basis of the principle of equal treatment 
and the wish to promote all types of combined transport 
equally, the rules concerning initial and terminal road 
journeys for combined road/rail inland waterway 
transport should not be different from those applied to 
combined road/rail carriage; 
Whereas, in order to promote broader use of combined 
transport, access to road transport operations carried out 
in the framework of intra-Community combined 
transport should not be restricted; Whereas the development of combined transport will 
facilitate transit across Alpine countries; 
Whereas the existing rules on tax reduction or reimbur­
sement for road vehicles used for combined transport 
should be harmonized to become more effective and to 
ensure uniform application throughout the Community; 
Whereas the access of own-account transporters to 
combined transport should be facilitated, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Directive 75/130/EEC is hereby amended as follows: 
1. the third indent of Article 1 (1) is replaced by the 
following: 
'— "Combined transport by inland waterway" means 
road transport of goods between Member States 
where the lorry, trailer, semi-trailer with or 
without tractor unit, swap body and container of 
20 feet or more is transported by inland waterway 
between the nearest suitable river port of loading 
to the point of loading and the nearest suitable 
river port of unloading to the point of unloading'; 
2. Article 6 is replaced by the following: 
'Article 6 
1. All hauliers, established in a Member State, who 
meet the conditions on access to the profession and 
access to the market for carriage between Member 
States, shall have the right to carry out initial or 
terminal road haulage operations in the framework of 
combined transport. In particular a haulier may 
temporarily pursue activities in any Member State 
involving initial or terminal hauls associated with 
international combined transport without having to 
set up a registered office, place of business or other 
establishment in that Member State. 
(') OJ No L 48, 22. 2. 1975, p. 31. 
(2) OJ No L 320, 15. 11. 1986, p. 33. 2. Without prejudice to the provisions of Article 2, 
the carrying out by a non-resident haulier of the 
No C 34/16 Official Journal of the European Communities 14. 2. 90 
national transport operations referred to in paragraph 
1 shall be governed by the laws, regulations and 
administrative provisions in force in the Member State 
in which the transport operations are carried out; 
such rules must be applied to non-resident hauliers 
under the conditions imposed by that State on its own 
nationals and in such a way that there is no discrimi­
nation against non-resident hauliers on the grounds of 
nationality or place of establishment.'; 
3. paragraph 1 of Article 8 is replaced by the following: 
'1. Member States shall take the measures 
necessary to ensure that, as from 1 January 1985, the 
taxes listed in paragraph 3 applicable to road vehicles 
(lorries, tractors, trailers or semi-trailers) when routed 
in combined transport are reduced or reimbursed 
either by a standard amount, or in proportion to the 
journeys that such vehicles undertake by rail or inland 
waterway, within limits and in accordance with 
conditions and rules fixed by them after consultation 
with the Commission. 
Such reductions or reimbursements shall be granted 
by the State in which the vehicles are registered, on 
the basis of the rail or inland waterway journeys 
effected in combined transport. 
Member States shall reimburse the entire amount due 
for vehicle excise duties or similar tax, if the vehicle 
concerned in a period of 12 months has carried out 
more than 120 trips in the course of which the vehicle 
was conveyed, over a part of the total distance, by rail 
or inland waterway in the framework of international 
combined transport. Member States may require the 
operator to provide evidence of usage of the basis of 
the document referred to in Article 3. 
If this number of trips is not undertaken the following 
reduction will apply: 
— 91 to 120 trips: 75 % reduction on annual excise 
duty paid, 
— 61 to 90 trips: 50 % reduction on annual excise 
duty paid, 
— 31 to 60 trips: 25 % reduction on annual excise 
duty paid. 
If the distance covered by rail or inland waterway 
exceeds 400 kilometres the trip shall be counted 
twice. If the distance exceeds 800 kilometres the 
trip shall be counted three times.'; 4. Article 11 is replaced by the following: 
'Article 11 
Initial or terminal road haulage in the framework of 
combined transport shall be exempted from 
compulsory tariff regulations.'; 
5. the following Articles are added: 
'Article 12 
The terminal or initial road journey of a combined 
transport operation shall — by derogation of the defi­
nition of the First Council Directive of 23 July 1962 
on the establishment of common rules for certain 
types of carriage of goods by road between Member 
States (') — be considered to be an own-account road 
transport operation if the road journey is carried out 
by a tractor owned by, bought on deferred terms or 
hired by and driven by employees of an undertaking 
which is the recipient or the sender of the goods 
transported and if the initial or terminal road journey 
respectively is an own-account transport operation as 
defined in the said Directive. 
Article 13 
This Directive is addressed to the Member States. 
(') OJ No 70, 6. 8. 1962, p. 2005/62.' 
Article 2 
1. Member States shall bring into force, after consul­
tation of the Commission, the laws, regulations and 
administrative provisions necessary to comply with this 
Directive not later than 1 July 1990. 
The provisions adopted pursuant to the first 
subparagraph shall make express reference to this 
Directive. 
2. Member States shall forthwith inform the 
Commission thereof and communicate to the 
Commission the provisions of national law which they 
adopt in the field covered by this Directive, which 
provisions shall be communicated by the Commission to 
the Member States. 
Article 3 
This Directive is addressed to the Member States.