Amendment to the proposal for a COUNCIL DIRECTIVE amending Council Directive 75/130/EEC of 17 February 1975 on the establishment of common rules for certain types of combined carriage of goods between Member States
Date: 1992-12-07
Institutions: European Commission
Subjects: cattle, fattening, import

COMMISSION OF THE EUROPEAN COMMUNITIES 

COM(92) 538 final 

Brussels, 7 December 1992 

Amendment  to the proposal  for a 

COUNCIL  DIRECTIVE 

amending  Council  Directive  75/130/EEC 
of 17 February  1975 on the establishment of common  rules for 
certain  types of combined  carriage of goods 
between  Member  States 

Amendment  to the  proposal  for a 

COUNCIL, RE6ULAT1QN  (EEC) 

amending  Regulation  (EEC) No 1107/70 on the granting of aids 
for  transport  by rail,  road and inland  waterway 

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

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- 2 -

Amendment  to the proposal  for  a Council  Directive 
amending  Council  Directive 75/130/EEC 
of  17 February  1975 on  the establishment  of  common  rules  for 
certain  types of  combined  carriage of  goods 
between Member  States 

-  3 -

Explanatory  memorandum 

1.  On  10 June  the Commission  presented  to the Council  a proposal  for 

Council  Directive  amending  Directive  75/130/EEC on  the establishment  of 
common  rules  for  certain  types of  combined  carriage of  goods  between 
Member  States.1 

The proposal  is aimed  at updating  current  Community  legislation  on 
combined  transport  in the  light  of  recent  developments  in the  combined 
transport  market. 

2.  In the course of  its plenary  session of  20 November  Parliament  approved 

the Commission  proposal, subject  to a number  of  amendments. 

3.  Ail  the amendments  seem  acceptable  to us, since  they  either  clarify  the 
wording  of  the proposed  Directive or  involve  the  inclusion  of  measures 
likely  to foster  the development  of  combined  transport.  The  sole 
exception  is amendment  No  11, postponing  until  1 July  1993  the  entry 
into  force of  the new  Directive,  i.e.  the complete  liberalization of 
road  haulage  journeys  linked with  a sea  Journey  in the course  of 
combined  transport.  In view of  the Commission's  aim  to  completely 
liberalise  road  cabotage on  1 January  1993, this amendment  is 
inappropriate.  The  date of  entry  into force of  these  measures 
specifically  concerning  sea/road  transport  should  not  be  later  than 
January  1993. 

1 

OJ  No C 282,-30.1.0.1992.» p.8 

- 4 -

Amendment  to the proposal  for a Council  Directive 
amending  Council  Directive 75/130/EEC 
of  17 February  1975 on  the establishment  of  common  rules for 
certain  types of combined  carriage of  goods 
between Member  States 

(Presented  by  the Commission  pursuant  to Article  149(3) of  the Treaty) 

The Commission  proposal  for a Council  Directive on  the establishment of 
common  rules for certain  types of  combined  carriage of goods  between  Member 
States  is amended  as follows: 

1.  The fifth recital  is amended,  becoming: 

"Whereas a sea  transport  operation  continued  by another  mode or modes of 
transport  should  therefore come under  the heading of  combined 
transport;" 

2.  The sixth  recital  is deleted  and  replaced  by: 

"Whereas  the current  rules on  tax exemptions or  refunds applicable to 
road vehicles used  in combined  transport  should be harmonized  so as to 
make  them more effective  and ensure more uniform  application of such 
rules throughout  the Community;" 

3.  The following  recital  is  inserted  after  the sixth  recital  and  becomes 

the seventh  recital: 

"Whereas a Community  policy which  seeks to relaunch  combined  transport 
and an  intermodal  approach must  seek  to harmonize and make compatible 
the national  technical  regulations and standards governing  combined 
transport;" 

4.  The former  seventh  recital  now becomes  the eighth;  it  is not  amended; 

5.  Article  1(1)  is amended  as follows: 

-  5 -

Article 1 

"For  the purposes of  this Directive: 

combined  transport  means  the transport  of goods between Member  States 
where  the tractor  unit,  lorry, trailer, semi-trailer  with or without 
tractor, swap body or  container  (of 20 feet or more) uses  the road on 
one  leg of  the  Journey and  rail  and/or  inland waterway  and/or  maritime 
services on the other  leg, or uses the railways on one  leg and  inland 
waterway  and/or maritime services on  the other," 

6.  Article 2  is amended  as follows: 

"Article 2 

1.  This Directive  shall  apply  to the types of combined  transport  defined  in 
Article  1 where  the  initial  or  final  road haulage  leg of  the  Journey 
takes place: 

between  the point where  the goods are  loaded and  the nearest 
suitable  rail  loading station  for  the  initial  leg, and between  the 
point where  the goods are unloaded  and  the nearest  suitable  rail 
unloading  station  for  the final  leg, or 

within a radius not exceeding  150 km as the crow  flies  from  the 
inland waterway  port of  loading or unloading, or 

within a radius not exceeding  150 km as the crow  flies  from  the sea 
port of  loading or unloading. 

2.  For  the purposes of  this Directive, the maritime section of a combined 
transport  Journey must  cover  a minimum  distance of  125 km as the crow 
fIies. 

3.  Within  ten years of  the entry  into force of  this Directive, the Member 

States may,  in agreement  with  the Commission, extend  the maximum 
distance proposed  in the third  indent of paragraph  1 to 200 km  if the 
Member  State concerned  is able  to demonstrate  that  such  a measure  is 
advisable within  its territory  in view of  its railway  and  inland 
waterway  capacity  and  there  is no danger  of distortion of  competition." 

7.  The new Article 4  is amended  as follows: 

"Article 4 

In the case of combined  transport  for hire or  reward, a transport  document 
which  fulfils at  least  the requirements  laid down  in Article 6 of Council 
Regulation No 11* of 27 June  1960 concerning  the abolition of 
discr iminat ion 

O.J. No C52, 16.8.1960, p.  1121/60 

-  6  -

in transport  rates  and  conditions  in  implementation  of  Article  79(3) of  the 
Treaty  establishing  the  European  Economic  Community  shall  also  specify  the 
rail  loading  and unloading  stations  relating  to  the  rail  leg and/or  the 
inland waterway  loading  and  unloading  ports  relating  to  the  inland  waterway 
leg and/or  the maritime  loading  and  unloading  ports  relating  to  the  maritime 
section  of  the  Journey. These  details  shall  be  recorded  before  the  transport 
operation  is carried  out  and  shall  be confirmed  by means of  a stamp  affixed 
by  the  rail  and/or  port  authorities  in the stations  and/or  inland  waterway 
and/or  sea  ports concerned  when  that  part  of  the  Journey  carried  out  by  rail 
or  inland  waterway  or  by  sea  has been  completed." 

J.  The  new Article  5  Is amended  as  follows: 

"Article  5 

1.  When  a  frontier  is crossed  on  the  road  journey  before  the  rail  journey 

and/or  before  the  inland waterway  Journey  and/or  before  the sea  journey, 
Member  States may  require  the operator  to  furnish  an  appropriate 
document  proving  that  a  reservation  has been made  for  the  transport  by 
rail  of  the  tractor  unit,  lorry,  trailer,  semi-trailer,  swap  body  or 
container  (of  20 feet  or more) and  for  the  transport  by  inland  waterway 
and/or  by  sea of  the  tractor  unit,  lorry,  trailer,  semi-trailer,  swap 
body  or  container  (of  20  feet  or  more). 

2.  Member  States may  authorize  the  inspection  authorities  to  require  the 

rail  and/or  inland waterway  and/or  sea  transport  document  to be  produced 
on  completion  of  the  rail,  inland  waterway  or  sea  leg of  the  combined 
transport  Journey." 

g. The  new Article 9(1)  is amended,  becoming: 

-Article  9 

1.  By  1 July  1993  the Commission  shall  submit  proposals  for  rules  common  to 
all  the Member  States  to ensure  that  the  taxes  listed  in paragraph  3 
applicable  to road  vehicles  (lorries,  tractors,  trailers or  semi 
trailers), when  used  for  combined  transport,  are  reduced  or  refunded 
either  by  a standard  amount  or  in proportion  to  the  journeys  undertaken 
by  rail,  inland  waterway  or  sea. 

The Member  states shall  refund  all  indirect  or  equivalent  taxes  applied 
to  the  vehicle  if  it has, within  a  twelve-month  period,  undertaken  more 
than  120  Journeys of  which  part  of  the  total  route was effected  by  rail, 
inland waterway  or  sea  in  inter-Community  combined  transport.  Member 
States may  require  the operator  to prove  by means of  the  document 
referred  to  in Article  4  that  he  has used  combined  transport. 

Where  the above  number  of  Journeys  has not  been  undertaken,  the 
following  reductions shall  apply: 

between  91  and  120  Journeys: 75% of  the  reduction  in the  indirect  taxes 
levied; 

-  7  -

between  61  and 90  Journeys: 50% of  the  reduction  in the  indirect  taxes 
levied; 
between  31  and  60  Journeys: 25% of  the  reduction  in the  indirect  taxes 
levied. 

Where  the distance  covered  by  rail,  inland waterway  or  sea  exceeds 
400 km,  the  journey  shall  count  double.  If the distance  exceeds  800 km, 
the  Journey  shall  count  triple." 

10. The new Article  10  is amended  as  follows: 

"Article  10 

Where  a trailer  or  semi-trailer  belonging  to an undertaking  engaged  in own-
account  combined  transport  is hauled on  a  final  section  by  a  tractor 
belonging  to an undertaking  engaged  in transport  for  hire or  reward,  the 
transport  operation  so effected  shall  be exempt  from presentation  of  the 
document  provided  for  in Article  4, but  another  document  shall  be  provided 
giving  evidence of  the  Journey  covered or  to be covered  by  rail  and/or  by 
inland waterway  and/or  by  sea". 

Aft.  A new Article  is  Inserted: 

"Article  14 

The Commission  shall  present  to  the Council  and  Parliament  as soon  as 
possible  and  not  later  than  1 July  1993 a  report, accompanied  by proposals, 
on  the harmonization of  regulations,  technical  specifications and  standards 
governing  combined  transport,  and  in particular  the compatibility  and 
standardization of  load units and  vehicles used  in combined  transport." 

1Z-  The present  Article  14 becomes Article 15. 

-  s-

Amendments  to the proposal  for a Council  Regulation  (EEC) 
amending  Regulation  (EEC) No 1107/70 on  the granting of  aids 
for  transport  by  rail, road and  inland waterway 

t 

f 

- 9-

Explanatory memorandum 

1.  On 10 June the Commission presented to the Council a proposal  for a 
Council Regulation (EEC) amending Regulation  (EEC) No 1107/70 on the 
granting of aids for transport by rail, road or  inland waterway.1 

2.  In the course of  its plenary session of 20 November Parliament  approved 

the Commission proposal, subject  to a number of amendments. 

3.  All the amendments seem acceptable to us, since they clarify the wording 

of the proposed Directive.  The sole exception  is the amendment 
extending the Regulation's period of application until 31 December 2000. 

1  OJ No C 282, 30.10.1992, p.10. 

- /| o  -

Amendments  to  the proposal  for  a Council  Regulation  (EEC) 

amending  Regulation  (EEC) No  1107/70 on  the granting  of  aids 
for  transport  by  rail,  road  or  inland  waterway. 

(Presented  by  the Commission  pursuant  to Article  149(3) of  the  Treaty) 

The Commission  proposal  for  a Council  Regulation  amending  Council  Regulation 
(EEC) No  1107/70  is amended  as  follows: 

1.  The  new  third  recital  is worded  as  follows: 

"Whereas  investment  in transshipment  terminals, which  form  the 
interfaces of  the  various modes  of  transport,  is crucial  to  the 
development  of  combined  transport;" 

2.  The  third  recital  is amended  and  becomes  the new  recital  7a: 

"Whereas  the possibility  of  granting  such  aid  for  the operating  costs of 
combined  transport  services  crossing  the  territory of  non-member 
countries  is warranted  in the  case of  all  transit  countries  and,  in 
particular,  Austria,  Switzerland,  Slovenia  and  the other  States of  the 
former  Yugoslavia;" 

3.  The  seventh  recital  is amended,  becoming: 

"Whereas  the  present  aid  arrangements  should  be maintained  until 
31  December  1995  and  the Council  should  decide, under  the  conditions 
laid  down  in the Treaty,  on  the arrangements  to be  applied  subsequently 
or,  if necessary,  on  the conditions  for  terminating  such  aid;" 

4.  A new  recital  8a  is added: 

"Whereas  sea  transport  is a key  component  of  a Community  policy 
favouring  intermodal  transport  and  the Commission  should  present,  as 
soon  as possible,  proposals on  the granting of  such  aids  for  transport 
by  sea,  and  particularly  for  port  terminals," 

/M 

-• 

Article  3(1 H e)  is amended  as  follows: 

"(e) 

until  31  December  1995, where  the aids are granted  as a  temporary 
measure  and  designed  to facilitate  the development  of  combined 
transport, such  aids have  to relate  to: 

investment  in  infrastructure, and notably  in transshipment 
terminals, or 

investment  in fixed  and moveable  facilities necessary  for 
transshipment, or 

investment  in transport  facilities specifically  designed  for 
combined  transport  and used exclusively  in combined  transport, or 

-  other  costs  incurred  in running  combined  transport  services  in 
transit  across Austria, Switzerland,  Slovenia  and  the States of 
the  former  Yugoslavia. 

The Commission  shall  present  a progress  report  on  those measures  to  the 
Council  every  two years giving  details of where  the aids went  to, their 
amount  and  their  impact  on  combined  transport. Member  States shall 
supply  the Commission  with  the  information  needed  to compile  the  report. 
By  31  December  1995, and on  a proposal  from  the Commission,  the Council 
shall  decide on  the arrangements  to be applied  subsequently  and,  if 
necessary, on  the conditions  for  terminating  them." 

Article  3(1)  is amended  by  the  insertion of  a new  letter (f): 

(f) 

by  30 June  1993 the Commission  shall  submit  to the Council  and  to 
the European  Parliament  a report  with  proposals on  the granting 
of  aids  for  transport  by  sea  and  particularly  for  port 
terminals." 

4Z  -

ISSN 0254-1475 

COM (92) 538 final 

DOCUMENTS 

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Catalogue number : CB-CO-92-559-EN-C 

ISBN 92-77-50565-6 

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