PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 4059/89 LAYING DOWN THE CONDITIONS UNDER WHICH NON-RESIDENT CARRIERS MAY OPERATE NATIONAL ROAD HAULAGE SERVICES WITHIN A MEMBER STATE
Date: 1990-11-30
Institutions: European Commission
Subjects: economic system, intra-EU transport, inward processing, transport under customs control

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(90) 579 final 

Brussels, 30 November 1990 

Proposal for a 

COUNCIL REGULATION  (EEC) 

amending Regulation (EEC) No 3164/76 

an aooess to the market in the international carriage 
of goods by road 

Proposal for a 
OCONCIL REGULATION (EBC) 

amending Regulation (EBC) No 4069/69 

laying down the conditions under which non-resident oarriers 
may operate national road haulage servloes within a Member State 

(presented by the Commission) 

#4 

il;1'"^ 

1. On 30 November 1989 the Coinmission presented to the Oounoil a proposal 
for a Council Regulation1 amending Regulation (BBC) No 3164/76 on 
access to the market in the international oarriage of goods by road.2 

The main purpose of that proposal is to increase the Ctamraunlty quota by 
40% per year in 1990, 1991 and 1992. 

Council Regulation (EBC) No 1053/903 increased the CSommunlty quota for 
1990 by 40%.  The proposal oonoerning the part yet to be approved (i.e. 
the inorease of the quota in 1991 and 1992; is still before the Council, 
but oould shortly be the subjeot of a Council decision. 

2. The enlargement of the C&mrnunity through the unification of Germany 

makes it neoessary to Inorease the Community quota for 1991 and 1992 and 
allooate the additional Community authorizations amongst the Member 
States.  This should be done on the basis of the same prinoiples as when 
Spain and Portugal aooeded to the Community,4 that la by: 

calculating the inorease in the market in the oarriage of goods by 
road (in t-km) as a consequence of the GDR's integration into the 
EBC; 

applying an additional factor of 30% to take aooount of the 
immediate impact of the Community's enlargement. 

1  0CM(89)  572  f i n a l;  QT No  C 316,  16.12.1989,  p . 6. 
2  Q J N 0 L 3 5 7,  29.12.1976,  p . l. 
3  OJ No L  108,  28.4.1990,  p . 5. 
4  Regulation  (EBC)  No  3677/85;  OT No  L  354,  30.12.1985,  p.46. 

1 

n  Calculations  for  GOR carriers  are  hnperi  cm «*>  foTlcndttf  *otmrt«! 

GDR  quota  -

FRG quota x t-km by GDR carriers, with (BOB 12 - FRG). x 1.3 

(1991) 

t-km by FRG carriers with (EUR 12 - FRG) 

Trade by GDR carriers with the FRG is excluded since this 
constitutes national transport within a unified Germany. 

The additional factor of 30% is 1.3. 

The FRG quota comprises 6 516 authorizations (in 1991). 

In 1989 the FRG's carriers worked 19 888 m t-km with (EDR 12 -
FRG). 

In 1989 the GDR's carriers worked an estimated 548 m t-km with 
(EOR 12 - FRG). 

EÊSUli 

GDR quota - 6 516 X 548 X 1,5 - 234 

19 888 

4. The calculations for FRG carriers 

FRG quota « 

FRG  q u o ta  X  t-km  hy  FRrt 

ra-rrittra  Y*>tm=x*n  qfp.  tyrrl, Cj$JR 12  -  FRG^)  X  1.3 

(1991) 

t-km  by  FRG carriers  with  (EDR  12  -  FRG) 

n 

-  3  -

Exjl/vnfttOTy  Note 

The FRG quota for 1991 is 6 516 

In 1989 FRG carriers worked 19 888 m t-km In (EDR 12 - FRG). 

In 1989 FRG carriers worked an estimated 225 m t-km between GDR and 
(EUR 12 - FRG). 

Eesuli. 

Addition to FRG quota - 6 516 x 225 x 1.3 - 96 

Sum of points 3 and 4:  234 + 96 - 330. 

19 888 

5.  Thft  PAlmilAtlfrnfi  fnr 

rarriAra 

f-mim  TtemWir  tthatflw  n t lw  Vhxn  fVwwmy  a xe 

based on the following formula: 
1991 quota x t-frm by carriers (EPR IS -  7SÙ) Witfr-GEB 

t-km by carriers (EDR 12 - FRG) with EDR 12 

x  1.3 

The 1991 quotas are 4 086 (B), 3 964 (EK), etc. 

In 1989 carriers (EUR 12 - ERG) worked an estimated 110 865 m t-km 
with EUR 12. 

In 1989 carriers (EUR 12 - FK5) worked an estimated 281 m t-km with 
the GDR. 

Result 

Additional quota B - 4 086 x 281 x 1.8 - 14 

110 665 

h 

5. Community quota table 

_ 4 -

Member 
State 

B 

EK 

D 

GR 

E 

F 

Quota 
19911 

4 086 

3 964 

6 516 

1 808 

4 237 

5 540 

IRL 

1 843 

I 

L 

NL 

P 

UK 

5 550 

1 904 

5 775 

2 399 

3 472 

1991 

1992 

Additional 
authorizations 

Total  Add. 
Auth. 

14 

14 

330 

6 

14 

19 

7 

19 

7 

20 

8 

12 

4 100 

3 978 

19 

20 

6 846 

462 

1 814 

4 251 

5 559 

1 850 

5 569 

1 911 

5 795 

2 407 

3 484 

8 

20 

27 

9 

27 

10 

28 

11 

17 

Total 

5 740 

5 570 

9 585 

2 540 

5 952 

7 783 

2 590 

7 797 

2 676 

8 113 

3 370 

4 878 

47 094 

470 

47 564 

658 

66 594 

1  According to 0CM(89) 572 final. 

Proposal for a 
Council Regulation (EBC) 
amending Regulation (EBC) No 3164/76 on 
access  to the market In the 
international carriage of goods by, road 

THE (JUUNOLL OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Eoonomlo Ccjmmunity, 
and in particular Artiole 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 Eoonomio and Social Committee,3 

Whereas the enlargement of the (immunity through the unification of Germany 
is reflected in an extension of the market in the oarriage of goods by 
road; 

Whereas the number of additional Community authorizations and their 
allocation amongst the Member States must be fixed, with effect from 
1 January 1991;  whereas that allocation must afford oarriers established 
in the former German Democratio Repuhlio aooess to the Community market 
under the same conditions as those applicable to other oarriers; 

Whereas it is necessary for this purpose to amend Council Regulation (EBC) 
No 3164/76,4 as last amended by Régulation (EBC) No 1053/90,° 

HAS ADOPTED THIS REGULATION: 

1 
2 
3 
4  OJ No L 357, 29.12.1976, p.1. 
5  O J N OL  108, 28.4.1990, p.5. 

(> 

- 2 -

Article 1 

Regulation (EBC) No 3164/76 is hereby amended as follows: 

The following subparagraph shall be added to Article 3(1): 

"In view of the enlargement of the Community through the unif ioation of 
Germany, Member States shall receive the following additional allocations 
of Community authorizations in 1991 and 1992: 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom 

1992 

19 
20 
462 
6 
20 
27 
9 
27 
10 
28 
11 
17" 

1991 

14 
14 
330 
6 
14 
19 
7 
19 
7 
20 
8 
12 

Article 2 

This Regulation shall enter into force on 1 January 1991. 

This Régulation shall be binding in its entirety and direotly applicable in 
all Member States. 

Done at Brussels, 

For the Council 
The President 

T-

OHMPETinVENESS  AND  EMPLOYMENT  IMPACT  STATMENT 

I. 

What is the main reason for introducing the measure? 

To increase the Community quota to take aooount of the extension of 
the Community market through the unification of Germany. 

II.  Features of the businesses in question.  In particular: 

- Are there many SMEs? 

Yes. 

- Have any mergers been noted in any regions \?hlch are: 

(a) 

eligible for regional aid In the Member States? 

No. 

(b) 

eligible under the ERDF? 

No. 

III.  What direct obligations does this measure Impose on businesses? 

None. 

IV.  What indirect obligations are local authorities likely to impose on 

businesses? 

None. 

V. 

Are there any special measures in respect of SMEs?  Please specify. 

No. 

VI.  What is the likely effect on: 

(a) the competitiveness of businesses? 

- a reduction in administrative formalities, 
- road hauliers being better able to respond to market needs, 
- rationalization of servloes, 
- a oorrespondlng reduction in costs. 

(b) employment? 

None. 

VII.  Have both sides of industry been oonsulted? 

No. 

1 

Council Regulation (EBC) No 4059/8911 

KOTTAMTCKf MfflfUPfflTOf 

-  established a quota comprising 15 000 authorisations for the carriage of 
goods by road within Member States by carriers established ii* other 
Member States, and 

-  allocated these authorizations amongst the Member States. 

2. The enlargement of the Community through the uniicatican of Germany 
makes it necessary to increase the cabotage q u c^ and allocate the 
additional quota authorizations amongst tie Her&ar States. 

3. The integration of the GDR into the Community will Increase the sum of 

the Twelve's national markets2 by 16 395 m t-km,3 namely: 

the national market in the GDR, and 

the FRG/GDR market, which will form part of the national market of 
a unified Germany. 

This represents a 3.88% increase in the sum of the Community's national 
markets. 

Since no account will be taken of the Impact of German unification 
before 1 January 1991 and the current cabotage quota applies only to the 
first half of 1991, only half of 3.88%, i.e. 1.94%, or an additional 298 
authorizations, need be added to the cabotage quota. 

1  OJ No L 390,  30.12.1989, p.3. 
2  The total volume of these markets was 423 070 m t-km In 1988. 
3  Estimate for 1988. 

SIO 

- 2 -

4. The additional authorizations must be allocated amongst the Member 

States in such a way that the distribution of the cabotage quota for the 
six months from 1 January 1991 to 30 June 1991 exaotly matches that of 
the 1991 Community quota allooation.1  On this basis, the allooation is 
as follows: 

Member States 

2nd half 1990  1st half 1991  « W t l nn 

CABOTAGE QUOTA 

B 
EK 
D 
GR 
E 
F 
IRL 
I 
L 
NL 
P 
UK 

651 
631.5 
1 036.5 
286.5 
675 
883.5 
292.5 
883.5 
303 
921 
382.5 
553.5 

672 
652.5 
1 121.5 
297.5 
697 
911.5 
305.5 
912.5 
314 
950 
394.5 
571.5 

7 500 

7 798 

21 
21 
85 
11 
22 
28 
11 
29 
11 
29 
12 
18 

1  See amended proposal to take account of German unification. 

m 

Proposal for a 
COUNCIL REGULATE» (BBC) 

amending Regulation (BBC) No 4009/89 

laying down the conditions under which non-resident oarriers 
may operate national road haulage servloes within & Member State 

THE COUNCIL OF ŒE  EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Eoonomlo 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 Eoonomlo and Social Committee,3 

Whereas the enlargement of the Community through the unification of Germany 
is reflected in an extension of the market in the oarriage of goods by 
road; 

whereas it is therefore necessary to Increase, with effect from 
1 January 1991, the quota referred to in Article 2 of Regulation (EBC) 
No 4059/89 and allocate the additional cabotage authorizations amongst the 
Member States;  whereas that allooation must afford oarriers established in 
the former German Democractic Republic aooess to the Ooomunlty market under 
the same conditions as those applicable to other carriers, 

1 
2 
3 

sfL 

HAS ADOPTED THIS REGULATION: 

- 2 -

Article X 

Regulation (EBC) No 4059/89 is hereby amended as follows: 
1. The following subparagraph shall be added to Article 2(1): 

"With effect from 1  January 1991, the number of oabotage authorizations 
shall be increased by 298 to 15 298. " 

2. The following subparagraph shall be added to Article 2(3): 

"With effect from 1 January 1991, the additional authorizations shall be 
allocated amongst the Member States as follows: 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom 

21 
21 
85 
11 
22 
28 
11 
29 
11 
29 
12 
18" 

Article 2 

This Regulation shall enter Into force on 1 January 1991. 

This Regulation shall be binding In its entirety and direotly applioahle In 
all Member States. 

Done at Brussels, 

For the Oounoil 
The President 

« 

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QCMPJ31TIVENESS AND MPLCKMENT IMPACT STATEMENT 

I. 

What is the main reason for the measure? 

To increase the cabotage quota to take account of the Increase in the 
Community market through the unification of Germany. 

II.  Features of the businesses In question. In particular: 

- Are there many SMEs? 

Yes. 

- Have any mergers been noted in any regions which, are? 

(a) 

eligible for regional add in the Member States? 

No. 

(b) 

eligible under the ERDF? 

No. 

III.  What direct obligations does this measure impose on businesses? 

None. 

IV.  What Indirect obligations are local authorities likely to impose on 

businesses? 

None. 

V. 

Are there any special measures in respect of SMEs?  Please specify. 

No. 

VI.  What is the likely effect on: 

the competitiveness of businesses? 

- the opening-up of national markets and road hauliers being better 

able to respond to market needs, 

- rationalization of services, 
- a corresponding reduction in costs. 

rtn.  < 

employment? 

None. 

VII.  Have both sides of industry been consulted? 

No. 

/IS 

ISSN 0254-1475 

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