Amended proposal for a COUNCIL REGULATION (EEC) on access to the market for the carriage of goods by road in the European Community to or from the territory of a Member State or passing across the territory of one or more Member States
Date: 1992-03-25
Institutions: European Commission
Subjects: carriage of goods, common transport policy, intra-EU transport, road transport, transport licence

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(92)104  final 

Brussels, 25  March  1992 

Amended  proposal  for a 

COUNCIL REGULATION  (EEC) 

on access to the market for 
the carriage of goods 
by road in the European 

Community 

to or from the territory of a 

Member State 

or passing across the territory 

of one or more Member States 

mm 

I*  :••'• 

(presented by the Commission  pursuant  to Article  149(3) 
of the EEC-Treaty) 

-i~ 

EXPLANATORY  MEMORANDUM 

1.  On  26 July  1991 the Commission  presented  to the Council  a proposal  for 
a Council Regulation  on  access to the market  for  the carriage  of  goods 
by  road  in the European  Community  to or  from the  territory  of  a Member 
State or passing  across the territory  of one or more Member States. 

The proposal  in particular  aims at  adopting  the  necessary  measures  for 
the application  of the Regulation  (EEC) No.  1841/88,  amending 
Regulation  (EEC) No. 3164/76  on the Community  quota  for the  carriage  of 
goods by road between Member  States.  The main  objectives were  the 
realization  of the  freedom to provide  services  and  the  introduction  of 
the Community  licence, without  quantitative  restrictions  and based  on 
qualitative  criteria. 

2.  The Economic  and  Social  Committee  has given  its opinion  of  2 7 December 

1991. 

3.  The European  Parliament, during  its plenary  session  of  17 January  1992, 

has approved  the proposal  of the Commission  but  has  introduced  a 
certain  number  of  amendments. 

4.  The Commission  accepts those  amendments  of the  Parliament  which  contain 

elements  of enrichment  or  contribute  to  clarity.  Although  not 
accepting  the  amendments  which tend  to  impose  certain  environmental 
criteria to the vehicles  covered  by the Community  licence, the 
Commission  is ready  to examine the opportuneness  of  such  an  approach 
taking  into account  the environmental  requirements  which  are to be met 
by the road  transport  vehicles  of the near  future. 

-  2 -

Initial  proposition 
of the Commission 

Modified  proposition 
according to article  149/3  CEC 

Proposal  for a 
COUNCIL REGULATION  (EEC) 
on access to the market  for 
the carriage of  goods 
by road  in the European 

Community 

to or  from the territory  of a 

Member  State 

or passing  across the territory 

of one or more Member  States 

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  Parliament2, 

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

Whereas the establishment  of a 
common transport policy entails, 
inter alia  laying down  common 
rules applicable to access to 
the market  for intra-Community 
carriage of goods by road on the 
territory  of the Community; 
whereas those rules should  be 
established  in such a way  as to 
contribute  to the attainment  of 
the  internal transport market; 

1  OJ  pm 
2  OJ  pm 
3  OJ  pm 

-  3 -

Initial  proposition 
of the  Commission 

Modified  proposition 
according  to article  149/3  CEC 

Whereas these uniform 
arrangements  for market  access 
also entail  bringing  about 
freedom  to provide  services by 
eliminating  all  restrictions 
imposed  on the provider  of 
services  as a result  of  his 
nationality  or the  fact that  he 
is established  in a Member  State 
other than that where the  service 
is to be  provided; 

Whereas,  following  the  judgment 
of the Court  of Justice of 22 May 
1985  in Case  13/831 and  the 
conclusions  adopted  on 28 and  29 
June  1985 by the European  Council 
concerning  the  Commission's 
communication  on the  completion 
of the  internal market,  the 
Council  adopted  Regulation  (EEC) 
No  1841/882 amending  Regulation 
(EEC) No 3164/763, which  relates 
to access to the market  for the 
international  carriage of  goods 
by  road; 

Whereas Article  4 bis of 
Regulation  (EEC) No 3164/76, as 
inserted  by Regulation  (EEC) No 
1841/88, provides, with  effect 
from  1 January  1993 and with 
regard  to the kinds of  transport 
operation  referred  to herein,  to 
abolish  transport  quotas  and  to 
create  a free market  founded  not 
on quantitative  restrictions  but 
on qualitative  criteria  to be 
satisfied  by  road  hauliers; 

1 European Court  Reports  1985, p. 
1556 
2 OJ No L  357, 29.12.1976, p. 1 
3 

OJ No L  357, 29.12.1976, p.1 

-  4 -

Initial  proposition 
of the  Commission 

Modified  proposition 
according  to article  149/3  CEC 

Whereas pursuant  to Article  4b of 
Regulation  (EEC) No 3164/76,  as 
inserted  by Regulation  (EEC) No 
1841/88, the Council  has to adopt 
the measures  necessary  to 
implement  the  aforementioned 
Article 4a; 

Whereas with  regard  to the  rules 
for applying  the  access 
arrangements  it  is necessary  to 
make  intra-Community  carriage of 
goods by road  conditional  on the 
possession  of a  quota-free 
Community  transport 
authorization; 

Whereas  it  is important  to ensure 
that  the  authorizations  are 
issued to hauliers who offer  all 
the qualitative  guarantees  needed 
for the proper  functioning  of  the 
market  concerned; 

Whereas  it  is necessary  to 
specify  the conditions  for 
issuing  and withdrawing  the 
authorizations  and their  scope, 
period  of validity  and details of 
usage, 

Whereas  access to the market  based  solely 
on qualitative  criteria  is one  component 
of the  internal  transport  market  which 
has yet  to be completed,  equally 
important  components  of which  are: 

-  5 -

Initial  proposition 
of the  Commission 

Modified  proposition 
according  to article  149/3  CEC 

free  cabotage 
harmonization  in the  fiscal  and 
social  fields 
harmonization  of  technical 
standards taking  into  consideration 
environmental  criteria 
the crisis  mechanism 
market  observation 
the elimination  of border  controls 

HAS ADOPTED THIS  REGULATION: 

Article 1 

This Regulation  shall apply  to 
intra-Community  carriage of  goods 
by road  for hire or  reward. 

Article 2 

For the purposes of this 
Regulation: 

"intra-Community  transport 
operation" means  journeys 
undertaken  by a laden or 
unladen vehicle during  which 
the vehicle travels  from one 
Member  State to another or 
crosses a border between  the 
Community  and  a  non-member 
country with all or part of 
the  journey being effected  on 
Community  territory; 

- 6 -

Initial proposition 
of the Commission 

Modified proposition 
according to article 149/3 CEC 

"vehicle" means a motor 
vehicle, a trailer, a semi 
trailer or a coupled 
combination of vehicles used 
exclusively for the carriage 
of goods. 

Article 3 

From 1 January 1993 the 
transport operations referred 
to in Article 1 shall be 
subject to a system of quota-
free Community authorizations 
which will entitle holders to 
access to the market for the 
transport operations in 
question without any 
quantitative restrictions. 

Any haulier carrying goods by 
road for hire or reward who: 

- 

is established in a 
Member State in 
accordance with the 
legislation of that 
State, 

-  is entitled in that 

State, in accordance with 
its legislation and that 
of the Community, to 
carry out intra-Community 
carriage of goods by 
road, 

possesses a Community 
haulier's authorization, 

-  7 -

Initial  proposition 
of the  Commission 

Modified  proposition 
according  to  article  149/3  CEC 

shall be allowed  to effect 
the transport  operations 
referred  to  in Article  1. 

Article 4 

The Community  haulier's  authorization 
The Community  haulier's 
referred  to  in Article  3 shall  replace 
authorization  referred  to  in 
Article  3 shall replace the 
the authorization,  licence, permit  or any 
authorization,  licence, permit  or other  facility  that  hauliers must  possess 
any other  facility  that  hauliers  prior to the entry  into  force of  this 
must possess  in order to carry 
out  international  transport 
operations. 

regulation  in order  to carry  out 
international  transport  operations, 

Article 5 

The Community  haulier's 
authorization  referred  to  in 
Article  3 shall be  issued  by 
the competent  authorities of 
the Member  State  in which  the 
haulier  is established  within 
the meaning  of Article  52 of 
the EEC  Treaty. 

Certified  true copies of the 
authorization  referred  to in 
Article  3 shall be  issued by 
the same  competent 
authorities  as those  referred 
to  in paragraph  1 above. 

-  8 -

Initial  proposition 
of the  Commission 

Modified  proposition 
according  to  article  149/3  CEC 

The authorization  shall  correspond 
to the model  set out  in the Annex, 
which  also  lays down the  conditions 
of use. 

In case that  the  holder  of  the 
authorization  is not  the owner of 
the vehicle  used,  a document  should 
accompany  the vehicle  defining  the 
right  of the  holder  of  the 
authorization  in respect  to that 
vehicle. 

The authorization  shall 
correspond  to the model  set 
out  in the Annex, which  also 
lays down the conditions  for 
using  them. 

The authorization  shall  be 
made out  in the  haulier's 
name and may  not  be 
transferred  by the  latter to 
third parties. 

Each  authorization  or 
certified  true copy  thereof 
may  be used  for only  one 
vehicle  at a time. In the 
case of a coupled  combination 
of vehicles  it  shall 
accompany  the motor  vehicle; 
it shall cover the whole of 
the coupled  combination  of 
vehicles even  if the trailer 
or  semi-trailer  is not 
registered  or put  into 
circulation  in the name of 
the  authorization  holder  or 
is registered  or put  into 
circulation  in a different 
Member  State or  in another 
State belonging  to the 
European  Conference of 
Ministers  of  Transport. 

The authorization,  or a 
certified  true  copy thereof, 
must  be produced  whenever 
required  by an  authorized 
inspecting  officer. 

-  9 -

Initial  proposition 
of the  Commission 

Modified  proposition 
according  to  article  149/3  CEC 

Article 6 

The authorization  shall be 
issued  for a specified  period 
and  shall be valid  for a 
maximum  of  six years. 

An authorization  whose 
validity  is to due to expire 
shall be wholly  or partly 
extended  at the holder's 
request  for a maximum  of six 
years. 

Article 7 

Whenever  an application  for 
the  issue or extension of an 
authorization  is lodged,  and 
at the  latest  three years 
after the  issue or  extension 
thereof, the  competent 
authorities  shall  verify: 

whether  the  haulier 
satisfies, or  still 
satisfies, the  conditions 
for access to the 
profession  of  road 
haulier  in intra-
Community  transport 
operations, and 

-  10 -

Initial  proposition 
of the  Commission 

Modified  proposition 
according  to article  149/3  CEC 

whether  the haulier  is 
complying  with his tax, 
social, technical  and 
administrative 
obligations  or,  in the 
case of an  application 
lodged by  a new haulier, 
whether  it can be 
assumed,  on the basis of 
general  rules  approved 
beforehand,  that  the 
haulier will comply  with 
the  said  obligations. 

2.  Where the conditions  in 

paragraph  1 were not  or not 
fully  satisfied  the  competent 
authorities  shall  reject  the 
application  by means of a 
reasoned  decision or  shall 
lay down,  in respect  of the 
issue or extension of  the 
authorization,  compliance 
with  certain  appropriate 
obligations  until the  said 
conditions  are  satisfied. 

-  11 -

Initial  proposition 
of the  Commission 

Modified  proposition 
according  to  article  149/3  CEC 

Even  if the conditions  referred  to  in 
Article  7 have been  satisfied  the 
competent  authorities may, on the  basis 
of existing  national  legislation,  after 
first  consulting  the Commission,  attach 
conditions to the  issue extension  or 
retention of the authorizations  provided 
that those conditions  are warranted  on 
grounds of  safety, protection  of  the 
environment, and the application  of 
social  rules, and that they  are 
compatible with the  right  of 
establishmpent and  freedom  to  provide 
services without  distorting  competition. 

Article  8 

Even  if the conditions  referred 
to in Article  7 have been 
satisfied  the  competent 
authorities may, on the basis of 
rules in force, after  first 
consulting the Commission,  attach 
conditions to the issue or 
extension of the  authorizations 
provided that those  conditions 
are warranted  on grounds of 
safety, protection of the 
environment, the  haulier's 
technical and  financial  capacity 
and the application of  social 
rules, and that they  are 
compatible with the right of 
establishment  and  freedom  to 
provide  services without 
distorting  competition. 

Article 9 

1.  The competent  authorities 

shall withdraw  the 
authorization where the 
haulier: 

no  longer satisfies  the 
conditions  laid down  in 
Article  3(2) or no  longer 
satisfies the  conditions 
and obligations  referred 
to  in Articles  7 and 8, 

has supplied  incorrect 
information  in relation 
to the data required  for 
the  issue or extension of 
the authorization, or 

-  12 -

Initial  proposition 
of the  Commission 

Modified  proposition 

according  to article  149/3  CEC 

has been  convicted,  after  -
the  issue of the 
authorization,  of  serious 
and  repeated  infringement 
of the  provisions 
governing  transport  and 
traffic, notably  of the 
rules on access to the 
market,  driving  and  rest 
periods, the weights  and 
dimensions  of vehicles, 
the maintenance, 
equipment  and  technical 
inspection  of vehicles, 
drivers'  licences, road 
safety  and the  highway 
code. 

has been  convicted,  after the  issue 
of the  authorization  or  during 
periodic  checks, of  serious  and 
repeated  infringement  of  the 
provisions  governing  transport  and 
traffic,  notably  of the rules on 
access to the market, driving  and 
rest  periods, the weights  and 
dimensions  of vehicles, the 
maintenance,  equipment  and 
technical  inspection  of vehicles, 
drivers'  licences, road  safety, the 
highway  code  and  the speed  limiting 
device  (if obligatory  for the 
vehicle  in  question). 

The Member  States determine  the 
conditions under which  the 
authorizations  may, by way  of 
derogation  from the provisions  of 
Article  3 paragraph  2 and  articles 
7  and  8, be maintained  on a 
temporary  basis, for  a maximum 
period  of one year,  in the event of 
the death or physical  or  legal 
incapacity  of the natural  person 
engaged  in the  activity  of  haulier 
or of the  natural  person  who 
satisfies the  conditions  of  good 
repute  and professional  competence 
mentioned  in the Aticle  3 paragraph 
1 under  a) and  c) of the  Directive 
74/561<1) of  the Council  of  12 
November  1974. 

(1)  OJ No L  308, 19.11.1974, 

p.  18 

-  13 -

Initial  proposition 
of the  Commission 

Modified  proposition 
according  to  article  149/3  CEC 

Article  10 

Before 31 January  each year 
Member  States  shall  inform  the 
Commission  of the number  of 
hauliers possessing  an 
authorization  and of the  number 
of certified  true copies  issued 
by the competent  authorities  in 
their country  during  the 
preceding  year. 

Article  11 

1.  The Member  States  shall  give 
each other mutual  assistance 
to ensure the application  and 
monitoring  of this 
Regulation. 

To this end, they  shall 
communicate  to each other: 

- 

- 

the names of  hauliers 
possessing  an 
authorization,  and 

the number  of  certified 
true copies  issued  to 
each  of these hauliers. 

Where the  competent 
authorities  of a Member  State 
learn of an  infringement  of 
this Regulation  committed  by 
the holder of  an 
authorization  issued  in 
another Member  State, the 
Member  State on whose 
territory  the  infringement 
was ascertained  shall  notify 
it to the  authorities of  the 
Member  State that  issued  the 
authorization. 

-  14 -

Initial  proposition 
of the  Commission 

Modified  proposition 

according to  article  149/3  CEC 

The competent  authorities 
shall communicate to each 
other and to the Commission, 
every three months, all the 
information  in their 
possession on the  penalties 
applied  in respect of  those 
infringements no  later than 
four months  following  the 
date on which a definitive 
penalty  has been  imposed. 

The penalties referred  to  in 
paragraph  2 above must  be 
non-discriminatory, 
commensurate with the 
severity of the  infringement, 
and make  it possible  inter 
alia to detain the  vehicle 
for at  least two days but  not 
exceeding  six days where  the 
following  infringements  have 
been committed:  exceeding 
driving  hours, overloading 
the vehicle, exceeding  the 
vehicle's  authorized 
dimensions, excess  speed, 
failure to maintain  and  equip 
the vehicle as required. 

The penalties  referred  to  in 
paragraph  2 must be non 
discriminatory,  commensurate  with 
the severity  of  the  infringement, 
and make  it possible  inter  alia to 
detain the vehicle  for at  least two 
days but not  exceeding  six  days 
where the  following  infringements 
have been committed:  exceeding 
driving  hours, overloading  the 
vehicle, exceeding  the  vehicle's 
authorized  dimensions,  excess 
speed,  failure to maintain  and 
equip the vehicle  as required  and 
fraudulent  actions  involving  the 
speed  limiting  device  (if 
obligatory  for the vehicle  in 
question). 

If there has been a serious 
breach of this Regulation  the 
authorization  shall be 
withdrawn  immediately. 

If there have been  serious  and 
repeated  breaches  of  this 
regulation the  authorization  shall 
be withdrawn  immediately. 

-  15  w 

Initial  proposition 
of the  Commission 

Modified  proposition 
according  to article  149/3  CEC 

Article  12 

The following  shall be repealed! 

- 

- 

Regulation  (EEC) No 3164/76| 
Articles  1 and 2 of  Directly© 
75/130/EEC<1>; 
the First Directive of  23 
July  1962(2),  except  as 
regards carriage on own 
account  as defined  in point 
11 of the Annex  I theretof 
Directive  65/269/EEC<3>; 
Decision  80/48/EEC<4). 

Article  13 

The Member  States  shall 
communicate to the Commission  the 
measures taken  in relation to the 
implementation of  this 
Regulation. 

Article  14 

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 

(1) 

(2) 

(3) 

(4) 

The 
President 
OJ No L 48, 22.2.1975,  pf 
31 
OJ No 70, 6.8.1962; p. 
2005/62 
OJ No 88, 24.5.1965,  pf 
1469/65 
OJ No L  18, 24.1.1980, 
p.21 

-n-

The annex  remains  unchanged 

ANNEX 

EUROPEAN  COMMUNITY 
(a) 

(DIN A4) 
(first page of the  authorization) 

(Text  in the official  language(s) of  the 
Member  State  issuing the  authorization) 

State  issuing the authorization 
Distinguishing  sign 

Name of the  authority 

or responsible  body 

Authorization* No 
for the intra-Community carriage of goods by road  for hire or  reward 

This authorization entitles2 

to carry goods by road  for hire or reward by any  route, using  a  single 
vehicle or a coupled  combination  of vehicles, from  any Member  State of the 
European Community  to any other Member  State, or between  a Member  State  and 
a  non-Community  country, or between  non-Community  countries  in respect  of 
that part of the  journey effected  on the territory  of the Community,  and  to 
move such vehicle or combination unladen over any part of  the territory  of 
the Community. 

Conditions  foi—tree of the  authorization: 
1 The distinguishing  signs are: 
Belgium  (B), Denmark (DK), 
Germany  (D), 
(GR), Spain  (E), France (F), 
Ireland  (IRL),  Italy (I), 

Greece 

Luxembourg  (L), 

Netherlands  (NL), Portugal (P), 
United  Kingdom (GB). 

2, .Name or business.name,and  full 
This authorization  is valid 
address of the haulier. 

-n-

to.. 

3 

from 
Issued in 
on 

3  Signature and stamp of the 
authority or body issuing the 
licence. 

-1f-

(b) 
(second page of the  authorization) 

(text  in the official  language(s) of  the 
Member  State  issuing  the  language) 

GENERAL  PROVISIONS 

This  authorization  is valid  for the  intra-Community  carriage  of goods by 
road  for hire or  reward. 
It entitles  the holder  to carry  out, on the territory  of  the  Community, 
and, where  appropriate,  on the  conditions  laid  down  therein: 

- 
- 

transport  operations between Member  States 
the  following  types of transport  operation  in respect  of that  part  of 
the  journey  effected  in the  Community: 

transport  operations  starting  in a Member  State and  ending  in a 
non-Community  country 
transport  operations  starting  in a non-Community  country  and  ending 
in a Member  State 
transport  operations between  non-Community  countries  passing  in 
transit  through  the territory  of one or more Member  States 

- 

unladen  journeys by vehicles. 

The authorization  is personal  to the  holder  and  non-transferable. 

It may be withdrawn  by the  competent  authority  of the Member  State  which 
issued  it, notably where the  haulier: 

- 
- 

- 

has not  complied  with  all the  conditions  for using  the  authorization; 
has  supplied  incorrect  information  with  regard  to the data  needed  for 
the  issue or extension  of the  authorization; 
has been  convicted,  after the  issue of the  authorization,  of  serious 
and  repeated  infringements  of the provisions  governing  transport  and 
traffic, notably  of the rules on access to the market, driving  periods 
and  rest periods, the weights  and  dimensions  of  vehicles, the 
maintenance, equipment  and technical  inspection  of  vehicles, drivers' 
licences, road  safety  and the highway  code. 

The authorization  may  be used  for only  one vehicle  at  a time1.  In  the 
case of a coupled  combination  of vehicles  it must  accompany  the  tractive 
unit;  it covers the coupled  combination  of vehicles  even  if the  trailer  or 
semi-trailei'—is not  registered  or authorized  to use  the  roads  in the  name 
1_ Vehicle, means^a  single vehicle 
of the  authorization  holder  or  if  it  is registered  or  put  into  circulation 
in a different  Member  State or  in another  State belonging  to the  European 
vehicles. 

. ^ 

. ^. 

, 

- 1* 

Conference of Ministers of Transport. 

The authorization must be kept in the vehicle. 

The authorization must be produced whenever required by an authorized 
inspecting officer.  The holder must comply on the territory of each Member 
State with the laws, regulations and administrative provisions in force in 
that State, particularly with regard to transport and traffic. 

ISSN 0254-1475 

COM (92) 104 final 

DOCUMENTS 

EN 

07 

Catalogue number: CB-CO-92-115-EN-C 

ISBN 92-77-42124-X 

Office for Official Publications of the European Communities 
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