COMMISSION OF THE EUROPEAN COMMUNITIES 
C0MC91) 105 final 
Brussels, 4 Apr 11 1991 
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 4060/89 
on the elimination of controls performed at the frontiers 
of Member States in the field of road 
and inland waterway transport 
(presented by the Commission) 
- 2 -
EXPLANATORY MEMORANDUM 
1. The Council adopted Regulation (EEC) No 4060/89 on the elimination of 
controls performed at the frontiers of Member States in the field of road 
and inland waterway transport1 in December 1989. The Regulation lays down 
that controls on road vehicles and inland waterway craft, and on the 
various documents relating to their operation, must form part of the normal 
controls applied in a non-discriminatory fashion throughout a 
Member State's territory. This is to apply to all means of transport 
registered or put into circulation in a Member State. 
The controls and formalities to which the Regulation refers are those 
performed under Community or national law in the fields of road and inland 
waterway transport, and are listed in the Annex to the Regulation. 
2. In the absence, however, of appropriate Community law some types of 
transport between Member States are performed on the basis of international 
conventions or agreements adopted under the United Nations Economic 
Commission for Europe. 
The types of transport in question include in particular the carriage of 
dangerous goods, covered by the European Agreement concerning the 
international Carriage of Dangerous Goods by Road (ADR), and the carriage 
of foodstuffs, covered by the European Agreement on the International 
Carriage of Perishable Foodstuffs and on the Special Equipment to be used 
for such Carriage (ATP). 
Although two Member States are not yet contracting parties to one of these 
agreements (Ireland in the case of the ADR, Greece in the case of the ATP) 
all Member States do in practice apply the provisions of these agreements 
on the basis of their domestic law. 
1 OJ No L 390, 30.12.1989, p. 18. 
3 -
The ADR and the ATP determine, among other things the technical compliance 
of road vehicles used to carry dangerous and perishable goods, the 
equipment to be fitted on those vehicles, and the various documents 
(certificates, etc.) to be carried on them. 
As with Community legal instruments, the ADR and ATP do not lay down how or 
where controls and verifications on vehicles and their documents should 
take place; as a result, the decision on these matters is implicitly left 
to the contracting parties. 
This has led to a situation in which most Member States carry out these 
controls at their frontiers. 
Certain technical characteristics (e.g. weights and dimensions) of road 
vehicles intended for intra-Community transport - including the carriage of 
dangerous and perishable goods - are laid down by Community Directives 
(Directive 85/3/EEC, as amended by Directives 86/360/EEC, 86/364/EEC and 
88/218/EEC). These are among the Community instruments referred to in 
Regulation No 4060/89 and the controls provided for are already performed 
in the same way as for national transport operations. 
It is therefore entirely consistent to act in such a way that all technical 
checks and controls on the documents in respect of these vehicles 
(including those relating to vehicles carrying dangerous or perishable 
goods), should be carried out in the same way within Member States' 
territory, even if they do not all arise from the implementation of 
Community rules. 
- 4 -
The controls in question relate specifically to: 
- identification of the panel, label and plate affixed to the vehicle; 
- its equipment (e.g. the supplementary fire extinguisher where dangerous 
goods are being carried); 
- documents (approval certificate, etc.); 
- loading of tanks; and 
- the temperature in equipment to be used for the carriage of perishable 
goods. 
In this regard, there are no valid grounds, from the standpoint of road 
safety or the protection of the public, which might warrant the choice of 
frontiers as the best place for performing these controls. 
3. The Commission is of the opinion that, in view of the approach of 1993 
and the complete abolition of controls at the Community's internal 
frontiers, steps must be taken to eliminate the various frontier controls 
mentioned above and to ensure that they are performed in the same fashion 
as controls relating to domestic transport operations. 
it is therefore proposed that Regulation No 4060/89 should be amended and 
its scope extended to take account of controls which are carried out on the 
basis of national law incorporating the provisions of the ADR and the ATP. 
Specifically, where a Member State is not yet a contracting party to either 
of those Agreements, the provisions of the Regulation have the same effect 
in view of the fact that those States provide in their national law that 
means of transport used for the intra-Community carriage of dangerous 
foodstuffs and perishable foodstuffs must comply with the technical rules 
for international traffic. 
- 5 -
Proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 4060/89 
on the elimination of controls performed at the frontiers 
of Member States in the field of road 
and inland waterway transport 
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,1 
Having regard to the opinion of the European Parliament,2 
Having regard to the opinion of the Economic and Social Committee,3 
Whereas Council Regulation (EEC) No 4060/894 lays down that controls on 
means of transport and the related documents in the course of transport 
between Member States must form part of the normal controls applied in a 
non-discriminatory fashion throughout the territory of a Member State; 
Whereas, in accordance with the provisions of the European Agreement 
concerning the International Carriage of Dangerous Goods by Road ("ADR") 
and the European Agreement on the International Carriage of Perishable 
Foodstuffs and on the Special Equipment to be used for such Carriage 
("ATP"), Member States are free to organize and carry out controls and 
verifications on means of transport and the documents relating thereto 
wherever they wish; and whereas in practice, under their laws 
incorporating the provisions of those Agreements into national law or, 
where they are not contracting parties to either Agreement, under their 
national law governing these types of international carriage, they normally 
perform them at their frontiers; 
1 
2 
3 
4 0J No L 390, 30.12.1989, p. 18. 
- 6 -
Whereas, with the prospect of the establishment of a single transport 
market, it is necessary to do more to improve the fluidity of movement of 
means of transport between Member States; 
Whereas Part 2, "National law", of the Annex to Regulation (EEC) No 4060/89 
must be amended in order to take account of controls on means of transport 
(and the documents relating thereto) intended for the carriage of dangerous 
goods and perishable foodstuffs» 
HAS ADOPTED THIS REGULATION: 
Article 1 
Part 2 of the Annex to Council Regulation (EEC) No 4060/89 is hereby 
replaced by the Annex hereto: 
Article 2 
This Regulation shall enter into force on 1 September 1991. 
This Regulation shall be binding in its entirety and directly applicable in 
a 11 Member States. 
Done at Brussels, For the Council 
The President 
- 7 -
ANNEX 
•PART 2 
NATIONAL LAW 
(a) Controls on the driving licences of persons driving vehicles for 
the carriage of goods and persons; 
(b) Controls relating to the carriage of dangerous goods: 
(I) Documents 
. Driver's training certificate 
. Safety instructions 
. Approval certificate (ADR or equivalent standards) 
. Copy of the derogation, if applicable (ADR or equivalent 
standards) 
(Ii) Identification of the vehicle carrying the dangerous goods 
. Orange panel 
- comp11ance 
- placing on the vehicle 
. Danger label on the vehicle 
- compIi ance 
- placing on the vehicle 
. Tank identification plate (for fixed, demountable or 
container tanks) 
- presence and legibility 
- date of last inspection 
- stamp of inspecting body 
- 8 -
(ill) Vehicle equipment (APR or eouivalent standards) 
. Additional fire extinguisher 
. Special equipment 
(iv) Vehicle loading, 
. Overload (according to tank capacity) 
. Securing of packages 
. Prohibition of mixed loading 
(c) Controls relating to the carriage of perishable foodstuffs: 
(I) Documents 
. Certificate of compliance for the equipment. 
(ii) Special equipment used for the carriage of perishable 
foodstuffs 
. CompIiance plate 
. Identification marks 
(III) Operation of special equipment 
. Temperature conditions" 
FICHE FINANCIERE 
L'application de la présente proposition de Règlement n'aura pas 
d'incidence financière. 
- 10 -
FICHE D'IMPACT SUR LES PME ET L'EMPLOI 
La présente proposition de règlement s'inscrit dans le cadre G; 
l'abolition des frontières intérieures de la Communauté e-
s'intègre dans l'ensemble des mesures prises pour l'achèvement d\ 
marché intérieur. 
I. Obligations administratives découlant de l'application à: 
présent règlement pour les entreprises : 
-néant. 
II. Quels sont les avantages pour les entreprises? 
-Pas de retards aux frontières dus aux contrôles de moyens 
de transports et leurs documents de bord. 
III. Y a-t-il des inconvénients pour les entreprises en termes 
de coûts supplémentaires? 
-le présent règlement n'implique aucun coût supplémentaire 
pour les entreprises. 
IV. Effets sur l'emploi : 
-néant. 
V. Les partenaires sociaux n'ont pas été consultés. 
- 11 -
ISSN 0254-1475 
COM(91) 105 final 
DOCUMENTS 
EN 07 02 
Catalogue number : CB-CO-91-145-EN-C 
ISBN 92-77-71011-X 
PRICE 1 - 30 pages: 3.50 ECU per additional 10 pages: 1.25 ECU 
Office for Official Publications of the European Communities 
L-2985 Luxembourg