Proposal for a COUNCIL REGULATION ( EEC ) laying down the definitive system under which non-resident carriers may operate domestic road haulage services within a Member State
Date: 1991-11-22
Institutions: European Commission
Subjects: road transport, transport document, transport licence, transport quota, transport regulations

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(91) 377 final 

Brussels,22 November  1991 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

laying down the definitive system under which 

non-resident  carriers may operate 

domestic road haulage  services 

within a Member State 

REPORT TO THE COUNCIL 

ON THE USE OF 1990/91 ROAD CABOTAGE AUTHORISATIONS 

(presented by the Commission) 

- 2 -

EXPLANATORY  MEMORANDUM 

I. GENERAL  CONSIDERATIONS 

1. Council  Regulation  (EEC)  No  4059/89  laying  down  the  conditions  under 

which  non-resident  carriers  may  operate  national  road  haulage  services 

within  a  Member  State1  (cabotage),  as  amended  by  Regulation  (EEC) 

No 296/91,2  establishes  a  transitional  system  of  Community  cabotage. 

This  system  expires  on  31  December  1992.  It  must  be  replaced,  under 

Article  9 of  the  said  Regulation, by  a definitive  system  to  enter  into 

force on  1 January  1993.  The purpose  of this proposal  is to enable the 

Council to establish this definitive  system. 

2. The  definitive  system  should  comply  with  the  following  general 

principles: 

- 

it  should  be  a  general  system,  i.e.  it  should  apply  uniformly 

throughout the Community; 

it should be compatible with the Single Market; 

it should conform to the general principles of the Treaty  regarding 

equal  treatment  (freedom  to  provide  services)  and  to  the  relevant 

judgments of the Court of Justice; 

it  should  be  tailored  to  the  actual  situation  of  the  road  haulage 

industry. 

3. It  would  not  be  sufficient  merely  to  continue  applying  the  cabotage 

quota  system  laid  down  in  Regulation  (EEC)  No  4059/89,  even  if  the 

number  of  cabotage  authorizations  were  greatly  increased.  This  would 

not  satisfy  the  Council's  obligation  to  introduce  complete  freedom  to 

provide  services,  as  laid  down  in  the  Treaty  and  referred  to  by  the 

Court  of  Justice  in  its  judgment  No  13/83  of  22  May  1985. 

1  OJ No L 390, 30.12.1989, p. 3. 

2  OJ No L 36, 8.2.1991, p. 8. 

-  3 -

4. Nor  can the problem be  solved  by  simply  referring  to the national  rules 

in force in the Member State where a cabotage service is operated.  Such 

a solution would have the following disadvantages: 

given  the  diversity  of  national  rules  on  access  to  the  domestic 

haulage  market,  the  Community  market  would,  in  fact,  be  divided 

into  twelve  separate  markets  -  the  very  opposite  of  a  Single 

Market; and 

it  would  create  imbalances  between  Member  States,  since  those 

States  in  which  resident  carriers  have  quota-free  access  to  the 

national  market  must  completely  open  up  their  market  to  other 

Community  carriers while other  States, in which  resident  carriers' 

access  to  the  national  market  is governed  by  quotas, may  restrict 

access for other Community carriers. 

5. Complete  harmonization  of  all  the  national  rules  governing  domestic 

haulage  seems unrealistic  and  far  too  ambitious  in the  short  to  medium 

term.  On  the  basis  of  the  subsidiarity  principle,  it  might  even  be 

deemed  unnecessary. 

6. Accordingly, the Commission advocates a solution whereby: 

- 

access to the cabotage market will be free of all quotas; 

- 

cabotage  operations  will  be  subject  to  certain  national  rules 

applicable in the State in which the operation  is carried out; 

harmonization  of  certain  national  rules  will  be  continued  at 

Community  level, with particular regard to: 

- 4 -

*  technical standards for vehicles  (action being  considered); 

*  duty payable on fuel  (political agreement  reached); and 

*  vehicle  taxation  taking  account  of  tolls  (phased  action 

currently being  taken); 

a safeguard clause will be  introduced. 

All  carriers  undertaking  cabotage  operations  will  thus  be  given  identical 

treatment  in all twelve Member States as regards market  access.  This meets 

the obligation  not  to  discriminate  beween  operators,  and  accords  with  the 

nature of the Single Market.  Moreover, those Member States which so desire 

may  maintain  quantitative  restrictions  on  their  resident  carriers'  access 

to  the  national  market.  In  such  a  case  the  unequal  treatment  as  between 

resident and non-resident  carriers is justified by the difference between a 

temporary  activity  (non-resident  carriers)  requiring  no  quotas  and  a 

permanent  activity  (resident  carriers)  which  may  need  to  be  regulated  by 

quotas. 

Finally, a Community  safeguard mechanism  is to be introduced  so that action 

can  be  taken  should  a  national  market  be  seriously  disturbed  by  the 

presence of non-resident carriers. 

II. PARTICULAR  CONSIDERATIONS 

Article 1 

This  Article  introduces  the  principle  of  non-discrimination  between 

Community  carriers  with  regard  to  domestic  transport  operations  within  a 

Member State: in other words, such operations may be undertaken by carriers 

from other Member States. 

-  5 -

The  Community  is,  quite  rightly,  concerned  to  ensure  that  domestic 

transport  services  within  the  Member  States  are  operated  by  properly 

qualified  carriers.  Accordingly,  only  those  Community  carriers  authorized 

to operate  international road haulage services should be allowed to operate 

domestic  transport  services within  a Member  State  other  than  the  State  in 

which  they  are  established.  This  proposal  is  no  different,  in  that 

respect,  from the  abovementioned Regulation  (EEC) No  4059/89, currently  in 

force. 

It  is, moreover,  recommended  that  cabotage  operations  be  exempt  from  any 

quantitative  restrictions  on  market  access,  even  where  such  restrictions 

are  imposed  on  resident  carriers.  Such  exemption  is  justified  by  the 

considerations  set out  in point  6 above and by the judgment of the Court of 

Justice  which  states  that,  although  Article  60(3)  of  the  Treaty  requires 

equal treatment  for residents and non-residents, "it does not mean that all 

national  legislation  applicable  to  nationals  of  that  State  and  usually 

applied to the permanent  activities of undertakings established therein may 

be  similarly  applied  in  its  entirety  to  the  temporary  activities  of 

undertakings  which  are  established  in  other  Member  States".1  It  follows 

that,  in a Member  State which  has a national  quota  system, the  system will 

be  applicable  to  resident  carriers  for  as  long  as  the  State maintains  it, 

but will not be applicable to non-resident  carriers since their activity  is 

presumed to be temporary  and occasional. 

Article 2 

This  Article  lays  down  the  conditions  governing  the  registration  of 

vehicles  used  for  cabotage  operations  and  the  conditions  under  which  such 

vehicles may  have been hired.  In general, these  are the rules  in  force in 

the Member State of establishment, except  in the case of: 

1  The Webb judgment, Case 279/80, Court Reports for 1981, p. 3305. 

-  6 -

trailers  and  semi-trailers  which,  under  existing  Community  rules,  may 

also be registered or put into circulation  in international transport in 

another Member State; and 

vehicle  hire, which may  also take place under  the rules  in force  in the 

host  Member  State  for  its  own  residents,  since  discrimination  between 

resident  and  non-resident  carriers  in  this  respect  would  be  quite 

unjustifiable. 

It  should  also  be  borne  in  mind  that,  in  the  context  of  the  discussions 

underway  on  the  proposal  for  a Council  Directive  supplementing  the  common 

system  of  value  added  tax  (VAT)1  and  amending  Directive  77/388/EEC^  on 

the  abolition  of  tax  frontiers  and  transitional  arrangements  for  taxation 

with a view to establishment  of the internal market, it is not envisaged to 

consider  as an acquisition  or a transfer of  a good  to another Member  State 

the temporary  use of the good, on the territory  of the Member  State of  its 

arrival  or the  transport  of  the  good  needed  for  providing  services  by  the 

taxable person established within the Member State of departure of the good 

or the transport of the good. 

1  OJ No C 176, 17.7.1990, p. 8,  (COM(90) 182  final) 

2  OJ No L 145, 13.6.1977, p. 1. 

Article 3 

-  7 -

The  contents  of  this  Article  resemble  those  of  Article  5  of  Regulation 

(EEC) No 4059/89 referred to above.  The following points should be noted: 

in  light  of  the  present  situation  on  the  road  networks  of  the  Member 

States,  as  well  as  of  the  relevant  legislation,  and  in  order  to 

establish  the conditions  for  fair  competition between  resident  and  non 

resident  carriers,  the  weights  and  dimensions  of  road  vehicles  are 

governed  by the rules  in force  in the host Member  State,  regardless of 

the  rules  which  may  be  applicable  in  the  carrier's  Member  State  of 

establishment.  It  goes  without  saying,  however,  that  the  technical 

standards  set  out  in the  vehicle's  certificate  of  conformity  may  under 

no circumstances be exceeded.  The Commission  is nevertheless  continuing 

its efforts to harmonize the technical  standards for vehicles engaged  in 

domestic  transport  services  and will  shortly be presenting  proposals  to 

this effect; 

-  with  regard  to  the  technical  standards  governing  the  construction  and 

equipment  of  road  vehicles, the  national  rules  applicable  in  the  host 

Member  State  cannot  impose  restrictions  on  vehicles  which  comply  with 

Community  or  international  rules  governing  the  carriage  of  dangerous 

goods, perishable  foodstuffs, live animals or exceptional loads; 

V.A.T.  on  transport  operations  is  governed  by  the  rules  of  the  host 

Member  State, as  is laid  down  in Directive  77/388/EEC1  on  abolition  of 

tax  frontiers  and transitional  arrangements  for taxation with  a view to 

establishment  of  the  Internal  Market,  as  amended  by  Directive 

89/465/EEC2. 

1  OJ No L 145, 13.6.1977, p. 1. 

2  OJ No L 226, 3.8.1989, p. 21. 

-  8 -

In general,  it  should  be  noted  that  the national  rules  of  the  host  Member 

State  may  only  be  applied  to  cabotage  operations  on  the  basis  of  the 

principle  of  proportionality,  so  that  an  excessive  burden  is  not  imposed 

which would  limit the freedom to provide services. 

Article 4 

Regulation  (EEC)  No  4059/89  already  contains  a  safeguard  clause  enabling 

action to be taken in the event of serious disturbance of the market.  This 

clause has been: 

-  amended  to take  account of the elimination  of  quantitative  restrictions 

on access to the cabotage market; 

supplemented by a definition of what constitutes a market crisis; and 

-  strengthened  by  a  decision-making  procedure  based  on  Article  2(5)  of 

Regulation  (EEC)  No  4059/89  and  the  provisions  of  Regulation  (EEC) 

No 3916/90  on  measures  to  be  taken  in  the  event  of  a  crisis  in  the 

market  in the carriage of goods by road.1 

Furthermore, a temporary provision has been introduce  (up to 1995) in order 

to avoid  disturbances  in the market between  1993 and  1995.  This provision 

is necessary  for the healthy operation of the market and  is justifiable for 

the following reasons.  Before 1 July  1990 cabotage was strictly  forbidden. 

After that date, these operations were authorized  on the basis of a limited 

cabotage  quota.  The  transport  sector  (carriers,  forwarders,  users)  are 

busy  adapting to the new situation  that has been created, which  is totally 

different 

to 

the 

previous 

position 

(before 

1.7.90). 

1  OJ No L 375, 31.12.1990, p. 10. 

- 9 -

This  major  adaptation1  is  underway  but  it  seems  certain  that  it  will  not 

have been  completed  by  31 December  1992.  From the  statistical  information 

that the Commission  has  for the  first year of the  introduction  of  cabotage 

(1990-1991),  cabotage  represents on average  0.1  % of the total  of  national 

operations  in the Member States  (0.5 % in FRG).  Even if this figure of  0.1 

%  were  to  increase  rapidly  and  substantially  in  the  coming  year,  it  is 

best,  in order  not to endanger  the considerable  efforts made  at  adaptation 

by  the  transport  sector  and  in  order  to  avoid  disequilibria,  abuses  or 

market disturbances, to lay down a system  for Community  intervention  in the 

market.  This  mechanism  will  include  the  possibility,  provided  the 

Commission  agrees,  of  making  cabotage  operations  subject  to  prior 

notification  and  of  limiting  these  operations  to  a  certain  percentage  of 

the  national  transport  operations  in  the  Member  State  concerned  (5  %  in 

1993, 6 % in 1994 and 7 % in  1995). 

In  order  to  ensure  that  decisions  are  taken  on  good  grounds  and  that  the 

Member  States  are closely  involved  in investigations  and  other  preparatory 

work, the Advisory  Committee  set up under Regulation  (EEC) No  3916/90 must 

be consulted whenever a Member State requests the Commission to take action 

to resolve a market crisis. 

The Committee  is thereby made responsible  for giving  advice on  all  aspects 

of crisis  situations  on the Community  road  haulage market, thus  signalling 

the unified nature of the internal market. 

Article 5 

Article  5  lays  down  the  conditions  under  which  the  Member  States  should 

grant  each other mutual  assistance with  a view to the  sound  application of 

the  definitive  cabotage  system.  This  Article  is  virtually  identical  to 

Article 6 of Regulation  (EEC) No 4059/89. 

1  including,  in  particular,  the  acquisition  of  knowledge  of  the  rules 

applicable  to  cabotage  in the  twelve  Member  States, the  implementation 

of  a  commercial  transfrontier  strategy,  modifications  to  the  operation 

and/or  the  structure  of  the  company,  training  of  drivers,  etc. 

Article 6 

-  10 -

This  article  forbids  checks  at  frontiers  within  the  Community,  in 

accordance with  Community  legislation.  The provisions  of Regulation  (EEC) 

No 4060/891 apply to checks carried out on cabotage operations. 

Articles 7 and 8 

No comments. 

1  OJ No L 390, 30.12.1989, p. 18. 

-  11 -

Proposal  for a 

COUNCIL REGULATION 

laying down the definitive system under which 

non-resident  carriers may operate 

domestic road haulage  services 

within a Member  State 

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,^ 

Having  regard to the opinion of the Economic  and Social  Committee,3 

Whereas, pursuant to Article 75(1)(b) of the Treaty, the establishment  of a 

common  transport  policy  entails,  inter  alia,  laying  down  the  conditions 

under  which  non-resident  carriers  may  operate  transport  services  within  a 

Member  State; 

Whereas the freedom to provide national transport  services  implicit  in this 

provision  entails  the  removal  of  all  restrictions  against  the  person 

providing the services  in question on the grounds of his nationality or the 

fact  that  he  is  established  in  a  different  Member  State  from  the  one  in 

which the service  is to be provided; 

1  OJ No C 

2  OJ No C 

3  OJ No C 

-  12 -

Whereas  the  transitional  cabotage  system  laid  down  in  Council  Regulation 

(EEC)  No 4059/894  as  amended  by  Regulation  (EEC)  No  296/915,  expires  on 

31 December  1992; whereas, under Article  9 of  that Regulation, the Council 

must  adopt  a  Regulation  laying  down  the  definitive  cabotage  system,  to 

enter into force on 1 January 1993; 

Whereas, in accordance with the general principles of the Treaty  concerning 

equal  treatment  and  with  the  judgments  of  the  Court  of  Justice  on  the 

subject,  non-resident  carriers  must  be  allowed  to  provide  national 

transport  services under the same conditions as those  imposed by the Member 

State concerned on its own carriers; 

Whereas  only  those  carriers  authorized  to  operate  international  road 

haulage  services  may  operate  domestic  transport  services  within  a  Member 

State other than the State in which they are established; 

Whereas  the  provisions  of  the  host  Member  State  applicable  to  cabotage 

services  should be  fixed except where Community  legislation  applies, so as 

to take  into account the temporary  nature of the services provided  and the 

need to ensure fair competition between Community carriers; 

Whereas,  in  this  context,  only  the  internal  legislation  of  a  host  Member 

State which is justifiable on account of a major public  interest may apply, 

and  it  should  only  apply  in  so  far  as the  interest  being  protected  is not 

already  safeguarded  by rules to which  the carrier  is subject  in the Member 

State  of  establishment  and  provided  that  any  restrictions  are  the  minimum 

necessary  for  achieving  their  objective;  whereas  vehicles whose  technical 

characteristics  as  regards  construction  and  equipment  meet  the  Community 

or international  rules in force must be allowed to carry out cabotage; 

4  OJ No L 390, 30.12.1989, p. 3. 

5  OJ No L 36, 8.2.1991. p. 8. 

-  13 -

Whereas provisions should be adopted  so that action can be taken as regards 

the transport  market  affected,  in the event  of  a  serious  disturbance  in a 

specific  geographical  area  having  a  substantial  impact  on  this  market; 

whereas, for this purpose, the necessary  statistics should be collected and 

a suitable decision-making procedure  introduced; 

Whereas  it  is  desirable  that  Member  States  grant  each  other  mutual 

assistance  with  a  view  to  sound  application  of  the  system  introduced, 

particularly  in  respect  of  monitoring  and  of  penalties  applicable  in  the 

event  of  infringements;  whereas  penalties  must  be  non-discriminatory  and 

proportional to the gravity of the infringement, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1. With  effect  from  1 January  1993, any  road  haulage  carrier  for  hire  and 

reward  who,  in  accordance  with  the  legislation  of  a  Member  State  and 

with Community  legislation: 

is  established  in  that  Member  State,  hereinafter  referred  to  as 

"Member State of establishment", and 

is authorized, in that State, to operate  international  road haulage 

services  by  virtue  of  holding  an  authorization  as  referred  to  in 

Article 

3 

of 

Council 

Regulation 

(EEC) 

No 

6 

(doc. COM(91) 293 presented to the Council on 27 August  1991) 

OJ No L 

-  14 -

shall  be  entitled,  under  the  conditions  laid  down  in  this 

Regulation,  to  operate,  on  a  temporary  basis  and  without 

quantitative  restrictions  on  market  access,  domestic  road  haulage 

services  in  a  Member  State  other  than  the  State  in  which  he  is 

established,  hereinafter  referred  to  as  the  "host  Member  State", 

without  having a registered office or other establishment  therein. 

2. The  domestic  road  haulage  services  referred  to  in  paragraph  1  are 

hereinafter  referred to as "cabotage services". 

Article 2 

1. Cabotage  services  shall be operated  using a vehicle: 

registered  or  put  into  circulation  in  international  transport  in 

the  carrier's  name  and  in  accordance  with  the  rules  applicable  in 

the Member  State of establishment; or 

hired by the carrier: 

* 

under  the  conditions  laid  down  in  Council  Directive 

84/647/EEC of 19 December  1984 on the use of vehicles hired 

without  drivers  for the carriage of goods by road,^ or 

* 

under  the  same  conditions  as  those  applicable  to  carriers 

resident  in  the  host  Member  State,  which  are  permitted  by 

virtue of Article 4 of Directive  84/647/EEC. 

2. In  the  case  of  a  road  train,  the  trailer  or  semi-trailer  may  be 

registered  or put  into circulation  in international  transport  in a name 

other than that of the carrier, or in another Member  State. 

7  OJ NO L 335, 22.12.1984, p. 72 

-  15 -

Article 3 

1. The performance  of  cabotage transport  operations  shall be  subject, save 

as otherwise provided  in Community  regulations, to the laws, regulations 

and  administrative  provisions  in  force  in the  host  Member  State  in the 

following areas: 

(a)  binding  legal provisions concerning the transport contract; 

(b)  weights  and  dimensions  of  road  vehicles;  such  weights  and 

dimensions  may,  where  appropriate,  exceed  those  applicable  in  the 

carrier's  Member  State  of  establishment,  but  they  may  under  no 

circumstances  exceed  the  technical  standards  set  out  in  the 

certificate of conformity; 

(c)  requirements  relating  to  the  carriage  of  certain  categories  of 

goods,  in  particular  dangerous  goods, perishable  foodstuffs,  live 

animals, abnormal  loads, etc.;  technical restrictions based on the 

national  legislation of the host Member State may not be imposed on 

a  road  vehicle  registered  in  another  Member  State  if  the  vehicle 

complies  with  current  Community  or  international  rules  in  respect 

of  the  technical  standards  relating  to  its  construction  and 

equipment; 

(d)  driving and rest time for drivers; 

(e)  traffic  laws and the highway code. 

-  16 -

2. The  provisions  referred  to  in  paragraph  1  shall  be  applied  to  non 

resident  transport  operators  on the  same conditions  as those which that 

Member  State  imposes  on  its  own  nationals,  but  taking  account  of  the 

principle  of  proportionality,  so  as effectively  to  prevent  any  open  or 

hidden  discrimination  on  grounds  of  nationality  or  place  of 

establishment. 

Article 4 

1. In the event of  a serious disturbance  of  the domestic  transport  markets 

in a particular geographical  area due to cabotage operations, any Member 

State  may  request  the Commission  to  take  action, or  the Commission  may 

act on its own initiative. 

2. A  serious disturbance  shall mean  the appearance, on the market  referred 

to in paragraph  1, of problems specific to that market and which: 

are  likely  to  lead  to  a  serious  and  potentially  lasting  excess  of 

supply over demand; 

are due to cabotage operations; and 

pose  a serious threat to the  financial  stability  and  survival  of a 

significant number of road haulage underakings, 

provided that the short-term and medium-term  forecasts  for the market in 

question do not indicate any substantial  and lasting improvements. 

-  17 -

3. The  Commission  shall  collect  the  data  necessary  to  monitor  the  market 

and  to  establish  whether  a  crisis  exists.  For  this  purpose,  Member 

States  shall  cooperate  with  the  Commission  in  communicating  and 

processing data which are available or can readily be obtained. 

4. Where  a  Member  State  believes  a  crisis  exists,  it  may  request  the 

Commission  to  investigate.  To  enable  the  Commission  to  assess  the 

situation,  the  Member  State  concerned  shall  provide  substantive  and 

quantified  information. 

Following  such  a  request  from  a  Member  State  or  acting  on  its  own 

initiative,  the  Commission  shall  consult  the  Member  States  within  the 

Advisory Committee set up under Article 5 of Regulation  (EEC) No 3916/90 

of 21 December  1990 on measures to be taken  in the event of  a crisis  in 

the  market  in  the  carriage  of  goods  by  road,8  or  by  written 

telecommunication. The purview  of that Committee is hereby extended  for 

the purposes of applying this Article. 

5. If the  Commission  concludes  that  a crisis  exists, it may, by  decision, 

take  any  necessary  safeguard  measures  where  appropriate  within  30  days 

of receipt of the request  from the Member State. 

These  measures  may  remain  in  force  for  a  period  not  exceeding  twelve 

months, renewable once for a period not exceeding twelve months. 

6. The  Commission  shall  notify  the  Council  and  the  Member  States  of  any 

decision  taken  pursuant  to  paragraph  5  or,  where  appropriate,  of  its 

decision not to take measures. 

7. Any  Member  State  may  refer  the  Commission's  decision  to  the  Council 

within  30 days of  its notification.  The Council, acting  by  a qualified 

majority,  may  take  a  different  decision  within  30  days  following 

referral by the Member State or States concerned. 

8  OJ No L 375, 31.12.1990, p. 10. 

-  18 -
Article 5 

Notwithstanding  the  provisions  of  Article  4,  between  1  January  1993  and 

31 December  1995 and where cabotage operations amount to 5% of  its national 

transport  operations  calculated  in  tonne-kilometres,  a  host  Member  State 

may  require  prior  notification  of  cabotage  operations  and  may  limit  such 

operations  to  5%  of  its  national  road  transport  operations  calculated  in 

tonne-kilometres  in  1993,  to  6%  in  1994  and  to  7%  in  1995,  subject  to 

approval  being  given  by  the  Commission  within  15  days  of  receipt  of  the 

application by the State  concerned. 

Carriers must  send  the prior  notification  via  the competent  authorities of 

the Member  State of establishment  to the competent  authorities  of  the host 

Member  State. 

Article 6 

1. The  Member  States  shall  assist  one  another  with  a  view  to  implementing 

this Regulation  and  the  laws, regulations  and  administrative  provisions 

governing  cabotage transport. 

2. Any  infringements  committed  by  a  non-resident  carrier  shall,  without 

prejudice  to  any  criminal  proceedings  to which  they  expose  that  carrier 

in the  host  Member  State,  be  communicated  to  the  competent  authorities 

of the carrier's Member  State of  establishment. 

The  competent  authorities  shall  communicate  to  one  another  all 

information  in  their  possession  on  the  penalties  imposed  in  respect  of 

such  infringements. 

-  16 -

-  19 -

3. The competent  authorities  of the host  Member  State may,  in the event of 

serious  or  repeated  infringements,  ask the competent  authorities  of the 

Member  State of establishment  to impose penalties. 

Those penalties may  in particular  consist of: 

- a warning, 

- a temporary  or permanent ban on operating  national transport  services 

within the host Member  State;  this ban will be noted  in the  Community 

authorization  laid down in Article 3 of Regulation  (EEC) ... (doc. 

COM(91) 293) presented  to the Council on 27 August  1991, 

-  a withdrawal of the Community  authorization. 

4. In the event of an infringement, the competent  authorities of the Member 

State  of  establishment  shall  be  obliged  either  to  impose  the  penalty 

agreed  upon with the authorities  of the host  Member  State or to  arraign 

the carrier concerned  before a competent  national court or tribunal. 

The  competent  authorities  of  the  host  Member  State  shall  be  informed 

immediately  of any penalty  imposed. 

5. The penalties referred to in paragraphs 2, 3 and 4 shall be applied  in a 

non-discriminatory  fashion  and  shall  be proportional  to  the  seriousness 

of the offence. 

Article 7 

The  carrying  out  of  checks  at  the  internal  frontiers  of  the  Community  to 

implement  this  Regulation  is  forbidden.  The  checks  necessary  for  the 

implementation  of  this  Regulation  shall  be  made  in  accordance  with  the 

conditions  laid down in Council Regulation  (EEC) No 4060/899. 

9  OJ No L 390, 30.12.1989, p. 18. 

- 20 -

Article 8 

The  Member  States  shall  adopt  in  good  time  and  communicate  to  the 

Commission  the  laws, regulations  and  administrative  provisions  relating to 

the implementation of this Regulation. 

Article 9 

This Regulation  shall enter into force on 1 January 1993. 

This Regulation  shall be binding  in its entirety  and directly  applicable in 

all Member States. 

Done at Brussels, 

For the Council 

The President 

- 21 -

REPORT TO THE COUNCIL 

ON THE USE OF  1990/91  ROAD CABOTAGE AUTHORISATIONS 

Introduct ion 

Under  Regulation  4059/89,  15,000  2-month  cabotage  authorisations  were 
issued  to  the  Member  States  for  the  period  1st  July  1990  -  30th  June 
1991;  such  authorisations permitted  the holder  of  the authorisation  to 
make  journeys  which  were  entirely  within  any  one  of  the  other  Member 
States.  The  distribution  of  the  authorisations  between  Member  States 
was  pro-rata  to  the  number  of  Community  Quota  authorisations.  Under 
Regulation  296/91  the  number  of  cabotage  authorisations  was  increased 
by  298  for  the  period  1st  January  1991  -  30th  June  1991  to  allow  for 
the  extension  of  the  German  national  market  following  the  adhesion  of 
the  5  lander  of  the  former  German  Democratic  Republic.  The  number  of 
authorisations valid  for  the period  1st  July  1990 - 30th  June  1991  was 
thus  15,298  (D, 2170; F,  1793;  I, 1795; NL,  1869; B,  1322; L, 616; UK, 
1124;  IRL, 595; DK, 1282; GR, 584; E, 1371; P, 777). 

Provision of data 

Under  Regulation  4059/89,  Member  States  are  to  provide  to  the 
Commission  within  3 months of  the end  of  each  quarter, a summary  table 
giving  the  number  of  days,  number  of  tonnes  and  number  of  tonne-
kilometres  performed  by  their  own  hauliers  in  cabotage  operations  in 
each  of  the  other  Member  States.  Such  information  enables  the 
Commission  to monitor  the  impact  of  cabotage  operations  in relation  to 
movements  by  hauliers  in  their  own  national  markets  and  to  check 
whether  there  is  undue  concentration  of  cabotage  operations  in  a 
particular  Member  State  as  required  under  Article  2.5  and  3.3  of  the 
Régulât ion. 

The  Regulation  does  not  require  Member  States  to  inform  the  Commission 
of  the number of cabotage authorisations valid  in a particular  quarter. 
Such  information  would  have  been  useful  for  calculating  average 
utilisation  rates  (days,  tonnes  or  tonne-kilometres)  in  each  quarter 
and  for estimating  total  use  in the whole  first  year of operation, mid-
1990  -  mid-1991,  on  the  assumption  that  all  cabotage  authorisations 
were  eventually  issued. An  assumption  that  the cabotage  authorisations 
were  issued  uniformily  over  the  (first) year  would  almost  certainly  be 
misleading  as  it  is  thought  that,  in most  Member  States,  the  initial 
demand  for cabotage authorisations was  rather  low. 

Data  available 

-  22  -

Despite  a  reminder  being  sent  to  the  Member  States  on  4  April  1991  and 
a  further  reminder  being  given  at  the  meeting  with  national  experts  on 
15  July  1991,  the  provision  of  data  to  the  Commission  has  been  much 
slower 
to  the 
Regulation,  data  should  have  been  received  as  follows: 

the  Regulation.  According 

than  prescribed  under 

3rd  Quarter  1990  ( M I - 9 0)  1  January  1991 
1991 
4th  Quarter  1990  (IV-90)  1 April 
1991 
1  July 
1st  Quarter  1991  (1-91) 

At  the  time  of  preparing  this  report  (29.7.1991)  the  data  had  been 
received  from  Reporting  Member  States  as  follows: 

M I - 9 0:  9/12  (D,  F,  I, NL,  B,  UK,  DK,  E,  P) 
IV-90  : 8/12  (D,  F,  NL,  B,  UK,  DK,  E,  P) 
1-91  : 5/12  (F,  UK,  DK,  E,  P) 

Since  the  main  objective  is  to  establish  the  level  and  concentration  of 
cabotage  authorisations  in  each  Member  State,  it  is  evident  that  this 
can  only  be  examined  approximately  even  for  M I - 90  since  data  relating 
to  hauliers  from  all  Member  States  are  not  available.  The  figures  in 
this  report  must  thus  be  regarded  as  preliminary  estimates;  it  should 
be  possible  to  update  these  estimates  while  this  Report  is  being 
examined  in  parallel  with  the  proposal  for  the  road  cabotage  regime 
post-1992. 

4.  Choice  of  variable  for  the  analysis 

Three  variables,  days,  tonnes  and  tonne-kilometres  are  provided  in  the 
cabotage  statistics  and  of  these  two,  days  and  tonne-kilometres,  are 
specified  in  Article  3.3  of  the  Regulation  for  consideration  for  the 
measurement  of  concentration  of  cabotage  operations  in  a  particular 
Member  State.  Before  proceeding  to  analyse  the  data  received,  some 
comments  will  be  made  about  each  of  the  variables. 

Days 

Although  the  concept  of  the  number  of  days  on  which  cabotage 
authorisations  are  used  is  very  straightforward,  there  are  number  of 
difficulties  of  using  this  criteria,  namely: 

(i)  the  number  of  authorisations  issued  per  quarter  is  not  known  (see 
section  2  above)  so  that  the  number  of  days  during  which  the 
cabotage  authorisations  could  have  been  used  is  also  unknown,  at 
least  on  a  quarterly  basis.  It  follows  that  the  concentration 
criteria  as  to  "whether  the  number  of  days  used  in  a  particular 
Member  State  exceeds  30%  of  the  number  of  days  that  those  same 
authorisations  could  have  been  used"  cannot  be  calculated  on  a 
quarterly  basis.  From  the  results  received  so  far,  it  seems 
improbable  that  cabotage  authorisations  were  used  on  more  than  30% 
of  the  days  that  they  could  have  been  used,  so  that  even  if  all  the 
cabotage  operations  were  concentrated  in  one  Member  State,  the  30% 
limit  would  not  be  reached. 

-  23  -

information  on  the  number  of  days  vehicles  are  used  in  national 
markets  is  not  available  under  the  road  statistics  directive 
(78/546  modified  by  89/462)  so  that  it  is  not  possible  to 
compare  days  of  use  of  cabotage  authorisations  with  days  of  use 
of  vehicles  on  national  markets  which  would  give  an  indication 
of 
if  such 
information  on  days  was  available  for  national  markets,  the 
interpretation  would  be  misleading  due  to  the  large  number  of 
small  goods  vehicles,  especially  in  some  Member  States,  whereas 
those  performing  cabotage  operations  are  generally 
larger 
vehicles  (average  performance  is about  4000  tkm  per  d a y ). 

the  penetration  of  cabotage.  Further,  even 

(ii) 

Tonnes 

Information  on  tonnes  carried  in  national  markets  is  available  under 
the  road  statistics  directive  so  that  it  is  possible  to  compare  tonnes 
carried  under  cabotage  operations  with  tonnes  carried  on  national 
markets.  Examination  of  the  results  received  so  far  indicates,  not 
surprisingly,  that  the  average  distance  that  each  tonne  moves  under  a 
cabotage  operation  (250  km)  is  much  longer  than  the  average  distance 
that  each  tonne  moves  on  national  markets  (80  km)  where,  for  road,  very 
short  journeys  predominate.  It  follows  that  the  variable,  tonnes,  will 
underestimate  the  impact  of  cabotage  operations. 

Tonne-kiI omet res 

The  second  criteria  specified  in  the  Regulation  regarding  concentration 
relates  to  30%  "trigger"  for  tonne-kilometres  being  performed  in  a 
particular  Member  State.  There  are  no  difficulties  in  calculating  this 
criteria  in  a  particular  quarter  once  the  cabotage  statistics  have  been 
received  from  all  Member  States. 

Additionally,  information  on  tonne-kilometres  carried 
in  national 
markets  is  also  available  under  the  road  statistics  directive  so  that 
it  is  possible  to  compare  tonne-kilometres  carried  under  cabotage 
operations  with  tonne-kilometres  carried  on  national  markets. 

Conclusion 

Tonne-kilometres  is  the  preferred  variable  and  the  detailed  analysis  of 
the  cabotage  statistics  will  concentrate  on  this  variable  especially 
where  comparisons  are  made  with  the  national  markets. 

5.  Total  use  of  cabotage  authorisations  by  quarter 

The  first  part  of  the  analysis  examines  the  use  of 
cabotage 
authorisations  according  to  the  Reporting  Member  State  (i.e.  the  Member 
State  of  the  haulier)  and  irrespective  of  the  Member  State  in which  the 
cabotage  is  carried  out.  The  results  for  all  three  variables,  days, 
tonnes  and  tonne-kilometres  are  set  out  by  quarter  in  Annex  1;  the 
results  for  tonne-kilometres  are  shown  in  Table  1  below  which  also 
shows  the  ratio  of  tonne-kilometres  in  a  quarter  to  that  of  the 
previous  quarter. 

- 24 -

Table 1 

Tonne-kilometres according to Reporting Member State 

(000's) 

R e p o r t i ng 
Member 
S t a te 

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

M I - 90 

I V - 90 

1-91 

11-91 

I V - 90 

1-91 

I I 1-90 

I V - 90 

I  1-91 
1-91 

7831 
6274 
0 
11934 
17605 

12530 
19738 

25870 
23976 

24706 

1.25 

1.60 
3.15 

2.17 
1.36 

915 

2529 

7681 

2.76 

3.04 

5234 

9642 

13178 

1.84 

1.37 

599 
0 

1414 
57 

2221 
129 

2.36 
- 

1.57 
2.26 

*' 

EUR 12 est 54000 
50392 
EUR 9 
EUR 8 
50392 
EUR 5 

108000  156000  190000 

2.00 

1.44 

1.22 

95756 
33380 

47915 

1.90 

1.44 

3rd Quarter  1990  (MI-90) 

-  25 -

The  observed  total  cabotage  (based  on  9  Reporting  Member  States)  is 
50.4 million  tkm  and  these 9 Member  States have  13503 out  of  the  15298 
authorisations, or  88%.  If  the  remaining  3 Member  States  had  the  same 
average  use  as  the  observed  9,  then  the  estimated  total  cabotage  in 
MI-90 would  be 57.1 million  tkm; this  is likely  to be too high  as 2 of 
the  3 Member  States who  have not  reported  are peripheral  Member  States 
who can  be expected, at  least  initially  to have a  lower  utilisation of 
cabotage  authorisations. The  revised  estimate  for  MI-90  is 54 million 
tkm  with  the observed  figures  from  the  9 Member  States  accounting  for 
93% of  the  total. 

4th Quarter  1990 (IV-90) 

The observed  total  cabotage  (based on 8 Reporting Member  States)  in IV-
90  is 95.8 million  tkm, some 90% more  than  in  MI-90.  The  estimate  for 
all  12 Member  States  is 108 million tkm  in  IV-90. 

1st Quarter  1991  (1-91) 

The  observed  total  cabotage  (based  on  5  Reporting  Member  States)  in 
1-91  is 47.9 million  tkm, 44% more  than  in  IV-90 for  the same  5 Member 
States.  The  estimate  for  all  12 Member  States  is  156 million  tkm  in 
1-91 . 

2nd Quarter  1991  (I 1-91) 

While  there  is no observed  data  for  11-91,  the steadily  increasing  use 
in the first  three quarters of cabotage operations  suggests  an estimate 
of about  190 million  tkm  in  11-91. 

1st Year of operation, mid  1990 - mid  1991 

the 

estimated 

combinations, 

Since  data  is  only  available  for  22  of  the  48  possible  Member 
cabotage 
State/Quarter 
authorisations  is necessarily  very provisional. Based on  the sum of  the 
estimates  for  the  4  separate  quarters,  total  cabotage  is estimated  at 
508  million  tkm  for  the  period  mid  1990  -  mid  1991.  Because  of  the 
large  amount  of  missing  data,  it  would  be  more  prudent  to  say  that 
cabotage  is  likely  to have been  in the range 450 to 600 million  tkm for 
the period mid  1990 - mid  1991. This  is much  smaller  than  that  forecast 
in the 1989 Analysis and  Forecasts Report  in the EUR0PATRANSP0RT  series 
which was  for  the use  to rise to 3000 million tkm. 

use 

of 

Comparison  with  national  markets 

-  26  -

The  sum  of  the  12  national  markets  (hire  and  reward  only)  can  be 
estimated  at  117640  million  tkm  per  quarter  for  the  period  mid  1990  -
mid  1991  (see  Table  3 ),  some  5%  above  the  observed  size  of  the  12 
national  markets  in  1989,  it  follows  that  cabotage  is  estimated  to 
correspond  to  0.046%,  0.092%,  0.133%  and  0.162%  of  national  markets  in 
the  first  4  quarters  of  operation  and  0.108%  in  the  first  year  of 
operat ion. 

Total  use  of  cabotage  authorisations  by  Reporting  Member  State 

Because  of  the  limited  amount  of  data  available,  as  shown  in  Table  1, 
tables  showing  the  share  of  cabotage  operations  performed  by  hauliers 
from  different  Reporting  Member  States  are  hard  to  interpret  and  may  be 
misleading.  At  this  stage  it  is  preferable  to  limit  comments  to  rather 
general  remarks,  based  on  tonne-kilometres  performed. 

NL  and  B  hauliers  accounted  for  almost  half  of  the  tonne-kilometres 
performed  in  M I - 90  and  IV-90  (after  allowing  for  estimates  for  the 
Member  States  who  have  not  reported)  even  though  they  have  only  just 
over  20% of  the  cabotage  authorisations. 

F  hauliers  accounted  for  about  10%  of  tonne-kilometres  in  M I - 90 
(compared  with  12% of  the  cabotage  authorisations),  but  their  share  has 
increased,  17%  in  IV-90  and  (roughly)  15%  in  1-91. 

D  hauliers  accounted  for  about  13%  of  tonne-kilometres  in  M I - 90 
(compared  with  14%  of  the  cabotage  authorisations),  but  their  share 
felI  to  11%  in  IV-90. 

DK  haul iers  have  held  steady  with  about  8%  of  tonne-kilometres  (they 
also  have  8% of  the  cabotage  authorisations). 

UK  hauliers  started  quietly  with  1.5%  of  tonne-kilometres  in  M I - 90 
(compared  to  7%  of  the  cabotage  authorisations),  but  their  share 
exceeded  2%  in  IV-90  and  reached  (roughly)  4.5%  in  1-91. 

E  haul iers  started  very  quietly  with  1%  of  tonne-kilometres  in  M I - 90 
(compared  to  9%  of  the  cabotage  authorisations),  their  share  has 
increased  slowly  but  steadily  to  1.25%  in  IV-90  and  (roughly)  1.35%  in 
1-91 . 

- 27 -

P  hauliers  had  an  exceptionally  slow  start  recording  10  tonne-
kilometres  in  MI-90  (compared  to 5% of  the cabotage  authorisations), a 
small  number  of  tonne-kilometres  were  performed  in  IV-90  and  1-91 but 
still  accounted  for  less  than  0.1%  of  all  tonne-kilometres  under 
cabotage operations. 

I  hauliers  also  had  an  exceptionally  slow  start  as  distribution  of 
authorisations did not  start  till  the very end of October;  consequently 
no tonne-kilometres were recorded  in  MI-90. 

L.  IRL. GR  hauliers: no  information  received  so far 

Concentration of cabotage operations  in a particular  Member  State 

Whereas  the  first  part  of  the  analysis  examined  "who  does  the 
cabotage  7",  the  second  part  of  the  analysis  examines  the  politically 
more  interesting  question  "where  is the cabotage  performed  ?". 

Again, because of  incomplete  data,  the analysis  is provisional. However 
for  MI-90  and  IV-90  the  9  (or  8) Reporting  Member  States  are  thought 
to  account  for  about  90% of  the  tonne-kilometres  so  that  the  other  3 
(or  4) Member  States would  need  to have  a completely  different  pattern 
of cabotage operations  for  the results  to be materially  affected. 

The  full  results,  in  the  form  of  matrices,  showing  the  cabotage 
operations  performed  by  each  of  the  Reporting  Member  States  in  each 
other  Member  State  is  set  out  in  Annex  2  for  each  of  the  variables, 
days,  tonnes and  tonne-kilometres and  for each quarter  separately. 

The analysis  again concentrates on  tonne-kilometres and  the results are 
summarised  in  table  2  which  shows  the  percentage  of  tonne-kilometres 
performed J_n each Member  State; 2 columns  have been  included  for  MI-90 
and  IV-90 so  that  fair  comparisons  can  be made  between  one  quarter  and 
the next  as well  as showing  the distribution  for  the  largest  number  of 
Member  States  in a given  quarter. 

- 28 -

Table 2 

% of tonne-kilometres according to Member State  in which 

cabotage  is performed 

Cabotage 
performed  in 

II1-90 
(9 M.S.) 

II1-90 
(8 M.S.) 

IV-90 
(8 M.S.)  (5 M.S.)  (5 M.S.) 

IV-90 

1-91 

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

49% 
14% 
18% 
4% 
5% 
0% 
4% 
0% 
1% 
0% 
3% 
0% 

49% 
14% 
18% 
4% 
5% 
0% 
4% 
0% 
1% 
0% 
3% 
0% 

53% 
9% 
20% 
4% 
5% 
0% 
5% 
0% 
1% 
0% 
4% 
0% 

66% 
5% 
10% 
0% 
2% 
0% 
6% 
1% 
0% 
0% 
9% 
1% 

68% 
10% 
8% 
1% 
1% 
0% 
5% 
2% 
0% 
0% 
4% 
0% 

TOTAL 

100% 

100% 

100% 

100% 

100% 

3rd  Quarter  1990  ( M I - 9 0) 

-  29  -

49%  of  the  observed  total  cabotage  (based  on  9  Member  States)  is 
performed  in  D  in  M I - 9 0,  i.e.  24.8  million  tkm.  Even  if  none  of  the 
(estimated)  7%  of  the  cabotage  operations  performed  by  the  other  3 
Member  States  were  performed  in D,  cabotage  operations  in D  would  still 
account  for  46%  of  the  observed  total  cabotage,  i.e.  well  beyond  the 
30%  "trigger  point"  specified  in  the  Regulation  for  an  investigation. 
If,  on  the  other  hand,  the  other  3 Member  States  had  a  typical  pattern 
of  distribution  and  also  accounted  (as  above)  for  7%  of  all  cabotage 
operations,  then  the  total  cabotage  in  D  would  be  close  to  27  million 
tkm  in  II I-90. 

The  D  national  market  (for  hire  and  reward  hauliers)  is  estimated  at 
17100  million  tkm  per  quarter  during  the  period  mid  1990  -  mid  1991  so 
that  the  cabotage  operations  performed  in  D  correspond  to  0.16%  of  the 
D  national  market.  It  follows  that  while  concentration  in  the  D  market 
is  high  the  effect  on  the  D  natioanl  market  is  small  because  the  total 
amount  of  cabotage  performed  in  M I - 90  is so  small. 

4th  Quarter  1990  (IV-90) 

53%  of  the  observed  total  cabotage  (based  on  8  Member  States)  is 
performed  in D  IV-90,  i.e.  a  slighthy  higher  percentage  than  in  M I - 9 0. 
Combined  with  the  higher  amount  of  cabotage  reported  by  the  8  Member 
States,  this  leads  to  50.4  million  tkm  of  cabotage  being  reported  in D, 
a  figure  likely  to  increase  to  about  60  million  tkm  when  data  from  the 
other  4 Member  States  is  available. 

It  is  even  more  certain  that  the  30%  trigger  will  be  reached  for  D  in 
IV-90,  but  even  with  the  increased  amount  of  cabotage  operations  it  is 
likely  only  to  correspond  to  0.35%  of  the  D  national  market. 

1st  Quarter  1991  (1-91) 

While  6 8%  of  the  observed  total  cabotage  is  performed  in  D  in  1-91,  a 
comparison  of  this  figure  with  IV-90  is unfair  as  it  is only  based  on  5 
Member  States;  the  corresponding  figure  for  the  same  5 Member  States  in 
IV-90  is  66%,  so  that  the  preliminary  indications  are  for  a  further 
slight  increase  in  concentration  of  cabotage  in  D.  A  very  premiminary 
estimate  for  all  cabotage  operations  in  D  in  1-91  is  90  million  tkm; 
this  would  correspond  to  0.53%  of  the  D  national  market. 

Summary 

- 30 -

The  results  received  so  far  indicate  that  about  50%  of  cabotage 
operations  are  being  performed  in  D  on  a  tonne-kilometres  basis  and 
that  this  may  be  rising  slowly.  However  because  cabotage  operations  are 
on  such  a  limited  scale,  the  impact  on  the  D  national  market  is  small 
though  increasing  corresponding  to  0.16%,  0.35%  and  0.53%  (provisional) 
of  the  D  national  market  in  the  first  3  quarters  when  cabotage 
operations  have  been  permitted. 

8.  Impact  of  cabotage  operations  in each  Member  State 

As  was  seen  in  the  previous  Section,  about  50%  of  the  cabotage 
operations  are  concentrated  in  D  (on  a  tonne-kilometres  basis).  D, 
however,  has  one  of  the  largest  national  markets  and  it  is  possible, 
although  unlikely,  that  some  other  national  market  will  have  attracted 
sufficient  cabotage  operations  for  it  to  correspond  to  a  larger  share 
in  their  national  market.  This  is examined  in  Table  3  where  the  tonne-
kilometres  performed  in  each  Member  State  in  the  second  half  of  1990 
under  cabotage  operations  are  compared  with  an  estimate  of  national 
road  transport 
in  the  same  period.  In  this  table  which  is  for 
comparative  purposes,  no  adjustment  has  been  made  for  those  Member 
States  who  have  not  reported  cabotage  operations,  the  results  for  D  are 
thus  slightly  lower  than  given  in  the  previous  section. 

The  results  show  that  the  impact  of  cabotage  operations  on  the  B  market 
are  of  a  similar  intensity  as  the  D  market,  but  that  for  all  other 
Member  States  except  L  the  impact  is  much  lower.  In  the  very  small 
national  L  market,  the  penetration  of  cabotage  is  quite  high,  being 
about  1%  in  IV-90.  It  is  interesting  to  note  that  no  cabotage 
operations  have  yet  been  reported  in  GR. 

- 31 -

Table 3 

Comparison of cabotage operations performed  in each Member State 

with corresponding national market 

(mill ions tkm) 

Cabotage 

Nat ional 

Cabotage/National  in % 

performed  in  I 11-90 

IV-90 

estimate 

I I 1-90 

IV-90 

(9 M.S.)  (8 M.S.)  per quarter 

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

24.8 
7.1 
9.1 
2.2 
2.5 
0.04 
2.1 
0.2 
0.6 
0 
1.6 
0.1 

50.4 
8.4 
18.9 
3.7 
4.4 
0.1 
4.4 
0.4 
1.0 
0 
3.8 
0.3 

17100 
17100 
26100 
3730 
1730 
10 
25400 
530 
1790 
2530 
20800 
820 

0.15 
0.04 
0.03 
0.06 
0.14 
0.40 
0.008 
0.04 
0.03 
0 
0.008 
0.01 

0.30 
0.05 
0.07 
0.10 
0.25 
1.0 
0.02 
0.08 
0.06 
0 
0.02 
0.04 

EUR 12 

50.3 

94.8 

117640 

0.04 

0.08 

-  32  -

Annex 1 

Cabotage performed 

Cabotage effectué 

Kabotagefahrten 

Days / Jours / Tage 

Reporting 
Member 
State 

Etat 
Membre 
déclarant 

Mitglied-
Staat der 
Unternehmer 

TONNES 

Reporting 
Member 
State 

Etat 
Membre 
déclarant 

Mitglied-
Staat der 
Unternehmer 

1000 TKM 

Reporting 
Member 
State 

Etat 
Membre 
déclarant 

Mitglied-
Staat der 
Unternehmer 

D 
F 
I 
NL 
B 
L 
UK 
IRL 
DK 
GR 
E 
P 
total 

D 
F 
I 
NL 
B 
L 
UK 
IRL 
DK 
GR 
E 
P 
total 

D 
F 
I 
NL 
B 
L 
UK 
IRL 
DK 
GR 
E 
P 
total 

IU-90 
3780 
1724 
0 
2259 
2748 

245 

1001 

86 
0 
11843 

III-90 
45238 
21440 
0 
48889 
71078 

IV -90. 
5374 
4773 

4068 
3523 

660 

1694 

208 
5 
20305 

IV-90 
85922 
57541 

101816 
96822 

WÊ 

7207 

WÊm 

2028 

2118 

325 
49 
11727 

mm 
81077 

11-91 

4115 

9462 

32737 

26898 

35121 

38857 

1290 
0 
218948 

3014 
65 
389763 

4641 
182 
157494 

III-90 
7831 
6274 
0 
11934 
17605 

915 

5234 

599 

0_ 

50392 

:!!• 

12530 
19738 

25870 
23976 

2529 

9642 

1414 
_ 
5Z 
95756 

191 

24706 

7681 

13178 

2221 
129 
47915 

91 

9 0 - 91 

D 
2170 
14% 

Number of  authorizations 
I 
1795 
12% 

F 
1793 
12% 

1869 
12% 

NL 

B 
1322 
9% 

Nombre  d'autorisations 
UK 
1124 
7% 

L 
616 
4% 

IRL 

595 
4% 

Anzahl der  Genehmigungen 

DK 
1282 
8% 

GR 

584 
4% 

E 
1371 
9% 

P 
777 
5% 

EUR 
15298:; 
100%? 

I l l - 90 

Cabotage  performed  in  : 

Cabotage  effectué  en  : 

Kabotagefahrten  in  : 

Days/Jours/Tage 

D 

F 

I 

NL 

B 

L 

UK 

IRL 

DK 

GR 

E 

P 

D 

Reporting 

893; 

707 

2295 

140 

0 

0| 

1210 

1317 

48 

198: 

687 

161 

485 

258 

71 

0 

71 

77 

0 

620 

0 

28 

0 

0 

34 

77 

322 

0 

100 

57 

Member 

State 

Etat 

NL 

B 

L 

Membre 

UK 

33 

63 

18 

33 

38 

déclarant 

SRL 

|  Mitgiied-

I  Staat  der 

Unternehmer 

DK 

GR 

E 

P 

773 

74 

126 

30 

0 

51 

0 

0 

4 

0 

0 

244 

0 

0 

45 

0 

106 

188 

0 

37 

7 

0 

0 

0 

0 

0 

56 

0 

0 

0 

EUR 

3780 

1724 

0 

2259 

2748 

22 

5 

0 

1 

0 

l l l l ll 
3780 

1724 

3 2% j 

15%j 

0 

0%j 

2259 

2748 

19%{ 

23% j 

0%j 

245| 

245 

2%^ 

23 

1001 

1001 

0%j 

8%j 

0%: 

4 

86 

0 

86 

1 %| 
o%; 
11843  100%I 

0 

total 

4256 

1630 

2939 

851 

806 

62 

557 

56 

289 

342 

55 

11843 

!j!-90 

4256 

1630 

2939 

36% 

14% 

25% 

851 

7% 

806 

7% 

62 

557 

56 

...289 

0 

342 

55 

11843 

1% 

5% 

0% 

2% 

0% 

3% 

0%| 

100% 

3> 

3 
CD 

9 0 - 91 
j* 
: 

' 

Number of  authorizations 
I 
1795 
12% 

NL 
1869 
12% 

F 
1793 
12% 

D 
2170 
14% 

B 
1322 
9% 

Nombre  d'autorisations 
UK 
IRL 
1124 
7% 

L 
616 
4% 

595 
4% 

Anzahl der  Genehmigungen 

DK 
1282 
8% 

GR 

584 
4% 

E 
1371 
9% 

P 
777 
5% 

EUR 
:i 
15298Ï 
100%^ 

lil -90 

Cabotage performed in : 

Cabotage effectué en : 

Kabotagefahrten in : 

TONNES 

D 

NL 

F 
I 
7043  30073  2977 
2218 

UK 
939 
695  1274  1018  4071 

B 
933 

L 

0 

9873 

0 

0 

0 

0 

0 

0 

State 

NL 

24036  845  4501 

' 16228 

0  1620 

0  855 

33904  17671  4286  11828 

1981  1277 

0 

0 

IRL 

DK 

GR 

E 

P 

EUR 

UN 90  * 

0  2117 

0  1047  109 

45238 

45238 

0 

0 

0 

0 

0  2168  123 

21440 

!  21440 

0 

0 

0 

0 

802 

131 

0 

2 

0 

48889 

0 

71078 

!  48889 

|  71078 

459  771  277  477  771 

0 

1299 

0 

61 

0 

4115 

[  4115 

Reporting 

Member 

D 

F 

I 

Etat 

Membre 

déclarant 

B 

L 

UK 

IRL 

DK 

22346  713  3700 

33 

Mitglied-

GR 

Staat der 

Unternehmer 

E 

P 

483  714 

0 

0 

15 

0 

0 

0 

total 

91101  27757  45070  16010 19206  2999  7910  1299  2972 

0 

0 

0  103 

26898 

;  26898 

0:i 
0 
0  4209  415 

78 

1290 
0 
218948 

I  1290 
0 

i%| 
o%! 
218948  100% 

21 %| 
io%! 
o%l 
22% | 

32% | 
0%{ 
2%) 

0%| 
12%j 

0%| 

w 
-> 

-90  91101  27757  45070  16010  19206  2999  7910  1299 

,2972 

0  4209 

415  218948 

42% 

13%  21% 

7% 

9% 

1% 

4% 

1% 

1% 

0% 

2% 

0%|  100% 

9 0 - 91 

D 
2170 
14% 

Number  of  authorizations 
I 
1795 
12% 

F 
1793 
12% 

1869 
12% 

NL 

B 
1322 
9% 

Nombre d'autorisations 
UK 
1124 
7% 

L 
616 
4% 

IRL 

595 
4% 

Anzahl  der  Genehmigungen 

DK 
1282 
8% 

GR 

584 
4% 

E 
1371 
9% 

P 
777 
5% 

- < -; 
EUR 
; 
15298? 
100%? 

I l l - 90 

Cabotage performed in : 

Cabotage effectué en : 

Kabotagefahrten in : 

1000 TKM 

D 

F 

I 

NL 

Reporting 

Member 

D 

F 

I 

3336 

0 

State 

NL 

T\Tl 

1390  5017 

638 
'"'  t  * 
432  1282! 

0 

404 

102 

Ç 

B 

130 

67 

0 

S 

2100 

9712  4493  1265  17031 

GR 

L 

UK 
0  244 
32 1146 
0 
0 
0  355 
9  385 

IRL 

0 
0 
0 
0 
0 

DK 
320 
0 
0 
254 
0 

Etat 

Membre 

déclarant 

Mitglied-

Staat der 
Unternehmer 

B 

L 

UK 

IRL 

DK 

GR 

E 

P 
total 

188 

290 

39 

27  164 

184 

4215 

98 

901 

198 

356 

0 

0 

E 
308 
936 
0 
334 
38 

23 

P 
18 
17 
0 
0 
0 

EUR 

7831 
6274 
0 
11934 
17605 

915 

13 

5234 

39 

599 
0 
50392 

?• Ill - 90 

7831  16% 
t-  6274  12%| 
0  0%j 
». 11934 24%) 
'  17605  35% j 
0  0%) 
915  2%; 
0  0%| 
5234 10%j 
0  0%| 
599  1%l 
0  0%; 
50392 100% 

'> 
* 

24826  7059  9148 2243 2461 

41  2130  184  574 

0 1639 

87 

|||$| 24826  7059  9148  2243  2461  41  2130  184 .574 
llllll^  49%  14%  18%  4%  5%  0%  4%  0%  1%  0%  3% 

0 1639 

87  50392 
0%  100% 

number of 
autho- 
rïzations 

90-91 
' 

' 

D 
2170 
14% 

F 
1793 
12% 

I 
1795 
12% 

NL 
1869 
12% 

B 
1322 
9% 

L 

UK 

IRL 

DK 

GR 

616 
4% 

1124 
7% 

595 
4% 

1282 
8% 

584 
4% 

E 
1371 
9% 

P 

EUR 

l 
777  15298  \ 
100%li 
5% 

IV-90 

Cabotage performed in : 

Cabotage effectué en : 

Kabotagefahrten  in : 

Days/Jours/Tage 

D 

F 

I 

NL 

B 

L 

UK 

IRL 

DK 

GR 

E 

P 

EUR 

I  Reporting 

\  Member 

| 

i 
| 

State 

Etat 

I  Membre 

déclarant 

Mitglied-

|  Staatder 

iUnternehmer 

D 

F 

I 

NL 

B 

L 

UK 

IRL 

DK 

GR 

E 

P 
total 

900  3612 

307 

96 

4 

75 

3 1 2 4 ^ ^B 

411 

18 

256 

164 

440 

2294 

1743 

128 

760 

332;|||||||||| 

914 

224 

658 

8 

82 

200 

49 

0 

0 

1 

0 

189 

0 

148 

0 

227 

169 

15 

40 

64 

122 

1394 

99 

152 

46 

0 

131 

0 

0 

0 

168 

349 

23 

5374 

11 

4773 

4068 

3523 

0 
0 

0 

41 
7 

23 

Ï1Ï1II 
5374 
4773 

4068 

26% l 
24%: 
o%: 
20%; 

3523 

17%: 

o 

660 

660 

38 

1694 

1694 

27 

208 

5 

208 

5 

Q%\ 

3% | 
o%; 
8% ! 
0%; 
1%: 
o%; 
100%: 

8828  2187  4750  1025  1330 

258 

767 

123 

337 

599 

101 

20305 

20305 

011IÙ1  8828  2187  4750  1025  1330 

43% 

11% 

23% 

5% 

7% 

258 

1% 

767 

4% 

123 

1% 

337 

2% 

599 
3% 

101  20305 
100% 
0% 

0% 

90-91 

-  number of 
autho- 
rlzations 

D 
2170 
14% 

F 
1793 
12% 

I 
1795 
12% 

NL 
1869 
12% 

B 
1322 
9% 

L 
616 
4% 

UK 
1124 
7% 

IRL 

595 
4% 

DK 
1282 
8% 

GR 

584 
4% 

E 
1371 
9% 

EUR 

P 
i| 
777  15298  I 
100%^ 
5% 

IV-90 

Cabotage performed in : 

Cabotage effectué en : 

Kabotagefahrten in : 

TONNES 

D 

F 

I 

NL 

B 

L 

UK 

IRL 

DK 

GR 

E 

P 

EUR 

V 

s  < 

Reporting 

Member 

D 

F 

I 

7446  67210  4769  2010 

97  1102 

30640' 

5995 

217  3839  5011  6575 

0  1620 

0 

0 

0  1554 

114 

85922 

85922 

22%| 

0  4994 

270 

57541 

57541 

State 

NL 

52071  2404  8637^ 

29746 

136  5139 

47566  18019  6042  18870 

4908  1277 

2  2667 

0 

0 

0 

0 

965 

140 

49 

101816 

101816 

0 

96822 

96822 

25% | 

1/4 
-si 

Etat 

Membre 

déclarant 

B 

L 

UK 

IRL 

DK 

Mitglied-  GR 

3010  1553 

298 

623  1142 

2465 

0 

371 

9462 

9462 

28686  1527  4374 

39 

Staat der 

E 

717  1828 

Unternehmer  P 

0 

0 

53 

0 

0 

0 

37 

0 

0 

total 

#####  32777  92609  24518  36737  10152  14130  2467  4287 

125 

333 

35121 

35121 

65; 
0  8214  1182 

416 

3014 

65 

3014 

65 

389763 

389763 

15% | 
0%j 
26%j 

0%| 

2% | 

0%| 

9% | 
o%! 
1%1 
o%| 
ioo%l 

WÊm&tmm 

32777  92609  24518  36737  10152  14130  2467  .4287 

0  8214  1182  389763 

42% 

8% 

24% 

6% 

9% 

3% 

4% 

1% 

1% 

0% 

2% 

0% 

100%; 

number of 
autho-
90 - 91 
'<•,-/ '^iJ'rrtzations 

D 
2170 
14% 
' 

- 

F 
1793 
12% 
s 

s  ' 

I 
1795 
12% 

'A 

' 

NL 
1869 
12% 

B 
1322 
9% 

L 

UK 

IRL 

616 
4% 

1124 
7% 
v'> 

^ 

595 
4% 

' 

DK 
1282 
8% 
> 

GR 

584 
4% 

E 
1371 
9% 

P 
EUR 
777  15298 
5% 

100%f 

\ 
; 

v  '*<  S 

v  w 

*  * 

-'' 

' 

* 

' 

- 

' 

' 

IV-90 

Cabotage  performed  in : 

Cabotage  effectué  en  : 

Kabotagefahrten  in : 

1000 TKM 

D 

F 

I 

NL 

B 

L 

UK 

IRL 

DK 

GR 

E 

P 

EUR 

IV-90 

Reporting 

Member 

State 

Etat 

Membre 

déclarant 

Mitglied-

Staat der 

Unternehmer 

D 

F 

I 

NL 

B 

L 

UK 

IRL 

DK 

GR 

E 

P 

829  10069  604  134 

6  333 

0  239 

0  291 

25 

12530 

12530 

1 3% j 

12459^ 

2229 

25  425 

63  2016 

0 

0 

0  2499 

22 

19738 

19738 

15489  1128  2717 
12851  4653  2941  3011 ''''-' 

3649 

28  1604 

2  774 

0  474 

7  452 

0 

0 

5 

0 

25870 

23976 

25870 

I 23976 

912  691 

41 

47  174 

420 

8415  179  881 

286  917 

0 

0 

21 

0 

total 

50412  8397  18899  3691  4382  104  4414  422 1013 

0 

61 

0  244 

0  131 

2529 

\  2529 

23 

9642 

9642 

10% j 

190 

1414 

57^ 
0  3757  265 

57 

95756 

0%) 
i%i 
o%i 
ioo%! 

I 1414 

57 

95756 

21%) 
0%| 
2 7% j 

2 5% | 
o%! 
3%| 

0%j 

oo 

tVf ÔÔ, 50412  8397 18899  3691  4382  104  4414  422 .1013 

0  3757  265 

95756 

53% 

9%  20%  4%  5% 

0% 

5% 

0% 

1%  0% 

4% 

0% 

100% 

Reporting 

Member 

State 

Etat 

D 

F 

I 

NL 

B 

L 

90-91 

-  number of  D 
autho- 
',  '  rlzations 

2170 
14% 

F 
1793 
12% 

I 
1795 
12% 

NL 
1869 
12% 

B 
1322 
9% 

L 
616 
4% 

UK 
1124 
7% 

IRL 

595 
4% 

DK 
1282 
8% 

GR 

584 
4% 

E 
1371 
9% 

EUR 

P 
| 
777  15298  \ 
100%! 
5% 

91 

Cabotage  performed  in  : 

Cabotage  effectué  en  : 

Kabotagefahrten  in : 

Days/Jours/Tage 

D 

F 

I 

NL 

B 

L 

UK 

IRL 

DK 

GR 

E 

P 

EUR 

91 

5490 \ 

288 

53  321  234  530 

0  290 

7207 

7207  61 %j 

0% 

Membre 

UK 

730  509 

97 

84  132 

454 

22 

2028 

déclarant 

IRL 

Mitglied- 

DK 

GR 

1724  132  173 

12 

Staat  der 

E 

Unternehmer  P 

42 

259 

0 

7 

0 

Û 

total 

7986  907  561  149  454  234  537  454 

42: 
356 

67 

2118 

21 

325 

49 

89 

11727 

11727 

100%1 

III!  7986 
68% 

907 

8% 

561 
5% 

149 

1% 

454 
4% 

234 

537 

454  ~  0 

0 

356 

89 

11727 

2% 

5% 

4% 

0% 

0% 

3% 

1% 

100% 

OJ 
o 

0%! 
0%j 
0%! 
0%j 
2028  17%| 
0%j 
2118 18%| 

0%) 

325  3%| 

49  0%j 

90-91 

number of  D 

autho- 
rlzatlons 

2170 
14% 

F 
1793 
12% 

I 
1795 
12% 

NL 
1869 
12% 

B 
1322 
9% 

L 
616 
4% 

UK 
1124 
7% 

IRL 

595 
4% 

DK 
1282 
8% 

GR 

584 
4% 

E 
1371 
9% 

P 
EUR 
777  15298 
5% 

100% 

91 

Cabotage  performed  in  : 

Cabotage  effectué  en : 

Kabotagefahrten  in 

TONNES 

D 

F 

I 

NL 

B 

L 

UK 

IRL 

DK 

GR 

E 

P 

EUR 

U91 

Reporting 

Member 

State 

Etat 

Membre 

déclarant 

Mitglied-

Staat der 

Unternehmer 

D 

F 

I 

NL 

B 

L 

UK 

IRL 

DK 

GR 

E 

P 

52040^ 

6085 

445  3865  5749  8776 

0  4098 

19 

81077 

8590  10126  2244  1372  2065 

7641 

0 

699 

32737 

31528  2294  4250 

155 

20 

50 

22 

538 

38857 

o 

0%| 
81077 51%j 
0%| 
0%) 
o%i 
0%j 
32737  21 %j 
0%i 
38857  25%} 
o%;; 

4641  3%; 

651 

3602 

0 

22 

40 

0 

0 

0 

0 

0 

348 

4641 

160: 

182 

182  0%; 

total i 92809  16044  12619  1972  5950  5749  8826  7641 

0  4979 

905 

157494 

1574941100%; 

N 91 

92809  16044  12619  1972  5950 

5749 

8826  7641 

0  4979 

905  157494 

59% 

10% 

8% 

1% 

4% 

4% 

6% 

5% 

0% 

0% 

3% 

1% 

100%: 

90-91 

number of 
*  autho- 
rizations 

D 
2170 
14% 

F 
1793 
12% 

I 
1795 
12% 

NL 
1869 
12% 

B 
1322 
9% 

L 
616 
4% 

UK 
1124 
7% 

IRL 

595 
4% 

DK 
1282 
8% 

GR 

584 
4% 

E 
1371 
9% 

EUR 

P 
\ 
777  15298  \ 
100%j 
5% 

91 

Cabotage performed in : 

Cabotage effectué en : 

Kabotagefahrten in 

1000 TKM 

D 

F 

I 

NL 

B 

L 

UK 

IRL 

DK 

GR 

E 

P 

EUR 

-91 

Reporting 

Member 

D 

F 

I 

State 

NL 

B 

L 

UK 

IRL 

DK 

GR 

E 

Etat 

Membre 

déclarant 

Mitglied-

Staat der 

Unternehmer 

18232 

1778 

92 

448 

36 

2340 

0 

0  1774 

24706 

24706  52%j 

0%\ 

2179  2881 

952 

129 

258 

1187 

95 

7681 

0%| 
0%[ 
0%j 
0%| 

i 
-ps 

7681  16%;: 
0%! 

11750 

279  1041 

22 

269 

1794 

17 

P 

0 
total  I  32430  4969  3788 

15 

0 

0 

0 

2 

0 

0 

15 

0 

0 

0 

0-

15 

54 

13178 

0 
0 

141 

2221 

114  * 

129 

243 

708 

36  2355  1187 

0  1998 

201 

47915 

13178  28% j 
o%;; 
5%; 
o%; 
100%; 

2221 

47915 

129 

J «.91  32430  4969  3788 

243 

708 

36  2355  1187  _  0 

0  1998 

201 

47915 

68% 

10% 

8% 

1% 

1% 

0% 

5% 

2% 

0% 

0% 

4% 

0% 

100% 

- 42 -

IMPACT ASSESSMENT 

IMPACT  OF  THE  PROPOSAL  ON  BUSINESSES  AND,  IN  PARTICULAR,  ON  SMALL  AND 

MEDIUM-SIZED ENTERPRISES  (SMEs) 

Title  of  the  proposal;  proposal  for  a  Council  Regulation  laying  down  the 

definitive  system  under  which  non-resident  carriers  may  operate  domestic 

road haulage services within a Member State. 

The proposal 

1. In  view  of  the  subsidiarity  principle,  why  is  Community  legislation 

necessary  in this field and what are its main objectives? 

Community  legislation  is needed to introduce a common and uniform  system 

of access for non-resident carriers to national road haulage markets. 

The proposal has the following major features: 

it  ensures  complete  freedom  to  provide  services  (equal  treatment 

for all carriers) in the transport market herein referred to; 

it  lays  down  the  rules  and  procedures  under  which  non-resident 

carriers may have access to national transport markets; 

it  abolishes  the  cabotage  quota  system  and  the  quantitative 

restrictions which that system entails. 

Impact on businesses 

2. Who will be affected by the proposal? 

Which sectors of business? 

- 43 ~ 

Principally  haulage  firms  and,  secondarily,  firms  upstream 

(consignors  and  commercial  agents) and downstream  (end users) of 

the haulage industry. 

What size of firms? 

A  considerable  proportion  (some  80%)  of  road  haulage  firms  are 

SMEs. 

Are  there  any particular  geographical  areas within the Community 

where such firms are established? 

No. 

3. What steps must firms take to comply with the proposal? 

They  must  meet  the  qualitative  conditions  for  access  to  the 

international  road  haulage market  and must  hold  a Community  haulier's 

authorization, but  this  single authorization  is not  subject  to quotas 

and it replaces the cabotage quota authorizations. 

4. What economic effects is the proposal likely to have: 

on employment? 

None. 

on investment and the creation of new firms? 

None. 

- 

on the competitiveness of businesses? 

- 44 -

A more  accessible market will  help  improve the  competitiveness  and 

efficiency of road haulage. 

5. Does  the proposal  contain  any  measures  intended  to  take  account  of  the 

specific situation of SMEs  (reduced or different requirements, etc.)? 

No. 

Consultation 

6. List  the  organizations  which  have  been  consulted  on  the  proposal  and 

summarize their main points of view: 

Haulage associations were consulted on 15 July  1991.  Their views may be 

summarized  as follows: 

The  International  Road  Transport  Union  (IRU)  was  in  favour  of 

maintaining  the  cabotage  quota  and  of  increasing  it  annually, 

circumstances  permitting,  in  line  with  market  requirements.  In 

parallel  with  this  step-by-step  approach,  progress  should  be  made 

on harmonizing the conditions of competition. 

The European Liaison Committee of Common Market Forwarders  (CLECAT) 

and  the  Chambers  of  Commerce  and  Industry  (EUROCHAMBRES) take  the 

view  that  the  definitive  cabotage  system  must  be  compatible  with 

the obligations  imposed  by  the Treaty.  They  consider  that, before 

quota-free  cabotage  is  introduced,  there  should  be  a  short  period 

(of  a  few  years) during  which  there  would  be  a gradual  transition 

to  the  definitive  system  and  conditions  of  competition  would  be 

harmonized. 

UNICE  (representing  the  consignors)  is  in  favour  of  liberalizing 

cabotage as from 1 January 1993. 

ISSN 0254-1475 

COM(91) 377 final 

DOCUMENTS 

EN 

07 

Catalogue number : CB-CO-91-500-EN-C 

ISBN 92-77-77446-0 

Office for Official Publications of the European Communities 
Lr2985 Luxembourg