Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) N° 3118/93 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State
Date: 1994-12-08
Institutions: European Commission
Subjects: enlargement of the Union, transitional period (EU), transport document, transport licence, transport regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

C0M(94)  495 

f i n al 

B r u s s e l s,  0 8 . 1 2 . 1 9 94 

P r o p o s al 

f or  a 

COUNCIL  REGULATION  (EC) 

amending  Regulation  (EEC)  N°  3118/93  laying  down  the conditions  under  which 
non-resident  carriers  may  operate  national  road  haulage  services 
within  a  Member  State 

(presented by  the Commission) 

1 

EXPLANATORY  MEMORANDUM 

I.  Enlargement  of  the Community  : 

1.  Regulation  No  3118/931  lays down the  number  of cabotage  authorizations  and 
the allocation  of  these  authorizations  among  the twelve  Community  member 
States  for  the period  1 January  1994 to 30 June  1998. 

2. 

In view  of the  accession  of Austria,  Finland  and  Sweden to the Community  on 
1 January  1995, Regulation  3118/93 should  be adjusted  in the  light  of  the new 
situation  following  enlargement. 

3.  Regarding  the  12 existing  Member  States,  the number  of  cabotage 

authorizations  should  be  increased  to allow  for  the fact  that  authorizations  can 
be used  in a wider  area,  15 national  markets  instead  of  12 national  markets. 
The  most  appropriate  criterion  to be used  is the number  of  tonne-kilometres 
(tkm)  worked  by  road  hauliers  of the Member  States  (including  Austria,  Finland 
and  Sweden)  in each of their  national  markets.  Following  this  criterion  and 
using  data  for  1990 (the latest  available)  leads to an increase  of  : 

3.99  % due to the inclusion  of  Finland  from  1 January  1995, 
'4.17  % due to the  inclusion  of  Sweden from  1 January  1995, and 
0.94  % due to the  inclusion  of Austria,  but only  from  1 January  1997 in 
the case  of  Austria,  the date agreed  in Article  13 of  Protocol  N°  9 on  road, 
rail  and  combined  transport  in Austria2 

For  1995, this results  in an extra  3190 authorizations  for  the twelve  existing 
Member States  as follows  : 
276 
Belgium  : 
267 
Denmark  : 
452 
Germany  : 
122 
Greece  : 
286 
Spain  : 
373 
France  : 
125 
Ireland  : 
374 
Italy  : 
129 
Luxembourg  : 
389 
Netherlands  : 
162 
Portugal  : 
United Kingdom:  235 

OJNoL.  279,  12.11.1993,  p.l 

2 

OJ No C 241,  29.8.1994,  p. 361 

4.  Regarding  Austria,  Finland  and  Sweden,  the  number  of cabotage  authorizations 
to be allocated  should  reflect  the relative  activity  of  Austrian,  Finnish  and 
Swedish  hauliers  on the  international  market  between  the  15 Member  States. 

The  most  appopriate  criterion  to be used  is the number  of  tonne-kilometres 
(tkm)  worked  by  road  hauliers  of the Member  States  (including  Austria,  Finland 
and  Sweden)  in bilateral  international  transport  between  the  15 Member  States, 
for  which  the most  recent  data  available  is  1990. 

5. 

Insertion  of  the  number  of tkm  worked  by Austrian,  Finnish  and  Swedish 
hauliers  (in bilateral  international  transport  between  the  15 Member  States)  into 
the  relationship  between  tkm  and  number  of cabotage  authorizations  for  the 
existing  12 Member  States enables  the appropriate  number  of  cabotage 
authorizations  for  Austria,  Finland  and  Sweden to be  calculated. 

Consequently,  the  number  of  authorizations  proposed  for  the new  Member 
States  is : 

Finland 
Sweden 
Austria 

authorizations  for  1995, 
authorizations  for  1995, 

1774 
2328 
2466  notional  authorizations  for  1995 as basis  for 
calculating  authorizations  for  1997. 

6.  Combining  the  number  of  authorizations  laid down  in Article  2(3)  of  Regulation 

3118/93 with the  results  of paragraphs  3 and  5 leads to the  number  of 
authorizations  shown  in Table  1 (for  1995 and  1996) and Table  2 (for  1997 and 
1998). 

II.  Technical  adjustments 

7.  With  a view  to administrative  simplification,  it  is proposed  that the 

authorizations  printed  by the Commission  should  only  be  in the  official 
language(s)  of  the Member  State  issuing  the  authorization. 

8.  When the  1994 authorizations  were  ordered  from  the printers,  the  number 

(3118/93) of  the cabotage  regulation  was  still  unknown,  hence  it could  not be 
shown  on the  authorization.  Inclusion  of  a reference  to Regulation  (EEC)  N ° 
3118/93 on the  authorization  would  have the advantage  that  it will be clear  to 
what  regulation  the authorization  refers. 

9.  Footnote  1 on the  authorization  (and  the Book  of Record  Sheets)  showing  which 
distinguishing  signs  of  Member  States  are  to be used  has  necessarily  to be 
amended. 

10.  The  list  of  countries  which  need to be coded  by hauliers  will  be  increased  on 
accession  of  Finland  and  Sweden and  again on  1.1.97 for  Austria.  The 
proposed  wording  will enable  one type of  Book  of  Record  Sheets  to be used 
until  30 June  1998. 

11.  The  information  to be  supplied  by Member  States  to the Commission,  specified 
in Annex  IV,  has to be extended  to the new Member  States;  the  list  in the new 
Annex  IV prescribes  the order  in which  information  for  the Member  States  shall 
be  supplied. 

Ill  Transitional  arrangements 

12.  Because  the cabotage  authorizations  for  use  in early  1995 had  to be ordered  by 
the  Commission  from  the printers  well  before  the  results  of  all  the  referenda 
were  known,  it  is proposed  that the existing  EEA  arrangements  which  already 
cover  the  12 existing  Member  States plus Finland  and  Sweden are  extended  for 
6  months.  This  means that for  the first  6 months  of  1995, the cabotage 
authorizations  will  be of the following  form: 

12 existing  Member  States.  As  in Regulation  3118/93,  i.e.  with the 
"Authorization"  and  "General  Provisions"  in 9 languages. 

Finland  and  Sweden.  "Authorization"  in  13 languages  and  "General  Provisions" 
in  1 language  (Finnish  or  Swedish,  respectively). 

13.  The  12 existing  Member  States may  still  have  stocks  of  the current  "Book of 
Record  Sheets"  as described  in the existing  Regulation  3118/93.  In order  that 
these  stocks  should  not be wasted,  it  is proposed  that  the current  Books  of 
Record  sheets  can be used  until  31 December  1995. Similarly,  Finland  and 
Sweden may  still  have stocks  of  the  "Book  of Record  Sheets"  as prescribed  in 
the EEA  arrangements,  it  is proposed  that these  Books  of  Record  Sheets  can 
also be used  until  31 December  1995. 

TABLE 1 

NUMBER  OF AUTHORIZATIONS 

1995 

Regulation 
3118/93 

Due to inclusion 
of  FIN,  S 

TOTAL 

Additional 
8.16 % 

By 
formula 

1996 

(1995 
+30%) 

BELGIUM 

DENMARK 

GERMANY 

GREECE 

SPAIN 

FRANCE 

IRELAND 

ITALY 

LUXEMBOURG 

NETHERLANDS 

PORTUGAL 

UNITED KINGDOM 

SUB-TOTAL 
mgnrmnrriiyiiiihin  ^ „iinwn 
FINLAND 

SWEDEN 

SUB-TOTAL 

TOTAL 

(AUSTRIA) 

3371 

276 

3271 

5528 

267 

452 

1490 

122 

3495 

286 

4571 

1520 

4576 

373 

125 

374 

1570 

129 

4761 

389 

1983 

162 

2868 

235 

3647 

3538 

5980 

1612 

3781 

4944 

1645 

4950 

1699 

5150 

2145 

3103 

4742 

4600 

7774 

2096 

4916 

6428 

2139 

6435 

2209 

6695 

2789 

4034 

39004 

3190 

42194 

54857 

1774 

(2466) 

1774 

2328 

4102 

46296 

2307 

3027 

5334 

60191 

(3206) 

39004 

TABLE 2 

NUMBER  OF AUTHORIZATIONS 

1997 

1998 

(1996 
+  30%) 

Due to inclusion 
of  Austria 

TOTAL 

1/2  (1997 
+30%) 

Additional  0.94% 

BELGIUM 

DENMARK 

GERMANY 

GREECE 

SPAIN 

FRANCE 

IRELAND 

ITALY 

LUXEMBOURG 

NETHERLANDS 

PORTUGAL 

UNITED KINGDOM 

6165 

5980 

10107 

2725 

6391 

8357 

2781 

8366 

2872 

8704 

3626 

5245 

58 

57 

96 

26 

61 

79 

27 

79 

27 

82 

35 

50 

6223 

6037 

10203 

2751 

6452 

8436 

2808 

8445 

2899 

8786 

3661 

5295 

4045 

3925 

6632 

1789 

4194 

5484 

1826 

5490 

1885 

5711 

2380 

3442 

SUB-TOTAL 

71319 

677 

71996 

46803 

FINLAND 

SWEDEN 

SUB-TOTAL 

AUSTRIA 

TOTAL 

3000 

3936 

6936 

4168 

29 

37 

66 

40 

3029 

3973 

7002 

4208 

1969 

2583 

4552 

2736 

82423 

783 

83206 

54091 

G 

PROPOSAL FOR A 

COUNCIL REGULATION (EC) 

amending  Regulation  (EEC)  No 3118/93 laying  down the conditions  under  which non 
resident  carriers  may  operate  national  road  haulage  services  within  a Member  State. 

THE  COUNCIL  OF  THE  EUROPEAN  UNION 

Having  regard  to the Treaty  establishing  the European  Community, 

Having  regard  to the  Act  of  Accession  of  Norway,  Austria,  Finland  and  Sweden,  and  in 
particular  Article  169 thereof1, 

Having  regard  to the proposal  from  the  Commission2, 

Whereas  pursuant  to the Accession  of  Austria,  Finland  and  Sweden,  Regulation  (EEC)  No 
3118/933  should  be  amended  in order  to allocate  an appropriate  number  of  Community 
cabotage  authorizations  to  Austria,  Finland  and  Sweden; 

Whereas  by  virtue  of  Article  13 of  Protocol  N°  9 on road,  rail  and  combined  transport  in 
Austria  as annexed  to the  Act  of  Accession  of  Norway,  Austria,  Finland  and  Sweden,  the 
provisions  of  Regulation  (EEC)  N°  3118/93 shall  only  apply  from  1 January  1997 to  (a) 
hauliers  with a Community  authorization  issued  by the competent  authorities  in Austria 
for  the operation  of  national  road  haulage  services  in other  Member  States  and b)  hauliers 
with  a Community  authorization  issued  by the competent  authorities  in another  member 
State for  the operation  of  national  road  haulage services  in Austria. 

Whereas  the enlargement  of  the Community  will  result  in an  increase  of  the road  haulage 
market;  whereas  an additional  number  of Community  cabotage  authorizations  should 
therefore  be fixed  for  the twelve present  Member  States; 

Whereas,  by  reason  of  accession,  a number  of technical  adjustments  should  also  be made 
to Regulation  (EEC)  No  3118/93; 

Whereas  it  is necessary  to continue,  temporarily,  arrangements  set  up  in the framework  of 
the Agreement  on the  European  Economic  Area  (EEA),  so that  the cabotage 
authorizations  for  the  beginning  of  1995 can  be printed  in due time; 

OJ  No C 241, 29.8.1994 

3  O J N o L 2 7 9,  12.11.1993,  p.l 

•t 
Whereas  by  virtue  of  Article  2(3) of  the Treaty  of  Accession,  tl e institutions  u.  the 
Communities  may  adopt,  before  accession,  the measures  pursuant  to Article  169 of  the 
Act,  such  measures  entering  into force  subject  to,  and  on the date of,  the entry  into  force 
of  the  said  Treaty; 

HAS ADOPTED  THIS  REGULATION 

Article 1 

Regulation  (EEC)  No 3118/93 is hereby  amended  as follows  : 

1. 

In Article  2 (1),  the third  subparagraph  shall  be replaced  by the following  : 

'A  Community  cabotage  quota  shall  consist  of cabotage  authorizations,  each valid 
for  two months,  in accordance  with the following  table  : 

Year 

Number  of  authorizations 

1994 
1995 
1996 
1997 
1 January  to 30 June  1998 

30.000 
46.296 
60.191 
83.206 
54.091' 

2.  The  table  in Article  2(3)  shall  be modified  as  follows  : 

1995 

1996 

1997 

1 January to 30 June 98 

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

3647 
3538 
5980 
1612 
3781 
4944 
1645 
4950 
1699 
5150 
0 
2145 
1774 
2328 
3103 

4742 
4600 
7774 
2096 
4916 
6428 
2139 
6435 
2209 
6695 
0 
2789 
2307 
3027 
4034 

6223 
6037 
10203 
2751 
6452 
8436 
2808 
8445 
2899 
8786 
4208 
3661 
3029 
3973 
5295 

4045 
3925 
6632 
1789 
4194 
5484 
1826 
5490 
1885 
5711 
2736 
2380 
1969 
2583 
3442 

y 

3.  The top of pages  (a) and (b) of Annexes  I and II shall be replaced by the following  : 
'(Text  to be worded  in the official  language(s)  or one of the official  languages  of the 
Member  State  issuing  the authorisation)' 
Pages  (c),  (d),  (e) and (f)  shall  subsequently  be deleted. 

The centre of page (a) of  Annexes I and II shall  be replaced by the following  : 

'CABOTAGE  Authorization No 
for the national  carriage  of goods by road in a Member State of the European 
Community peformed by a non-resident  carrier (cabotage). 

This authorization entitles 

to carry  goods by means of a motor vehicle  or a coupled combination of vehicles, 
within a Member  State of the European Community  other than that in which the 
holder of this authorization  is established,  and to move such vehicle  or combination 
unladen over any part of the territory  of the aforesaid  Community,  as laid down in 
Council  Regulation (EEC)  No 3118/93 of 25 October  1993 and subject to the general 
provisions  of this authorization'. 

5.  Footnote  1 on page (a) of Annexes I,  II and III shall  be replaced by the  following 

'Distinguishing  signs  of the country : 

Belgium  (B),  Denmark  (DK),  Germany  (D),  Greece  (GR),  Spain (E),  France  (F), 
Ireland  (IRL),  Italy  (I),  Luxembourg  (L),  Netherlands  (NL),  Austria  (A),  Portugal 
(P),  Finland (FIN),  Sweden (S),  United Kingdom (GB)' 

The top of pages (a) and (b) of Annex III shall be replaced by the following  : 
'(Text to be worded  in the official  language(s)  or one of the official  languages  of the 
Member State issuing  the book) ' 

7.  The heading  "Column 6" on page (c) of Annex III shall be replaced by the 

following  : 

'Column 6  : use the following  distinguishing  signs : 

Belgium  : B 
Denmark  : DK 
Germany  : D 
Greece  :  GR 
Spain  : E 
France  : F 
Ireland  : IRL 
Italy  :  I 
Luxembourg  : L 
Netherlands  : NL 

Portugal  : P 
Finland  : FIN 
Sweden  : S 
United  Kingdom  : GB 

and  from  1 January  1997 
Austria  :  A' 

8.  Annex  IV shall  be replaced  by the Annex to this  Regulation 

Article  2 

1.  Until  30 June  1995, the cabotage authorizations  to be used  by  hauliers  established  in 
the present  Member  States  shall correspond  to the models  in Annexes  I and  II of 
Regulation  (EEC)  No.  3118/93.  Until  the same date,  the cabotage  authorizations  to 
be used  by hauliers  established  in Finland  and  Sweden shall  correspond  to the models 
in Annexes  I and II of  Appendix  2 to Annex  XIII to the EEA  Agreement,  as  amended 
by  Decision  7/94  of the EEA  Joint  Committee4. 

2.  The  present  Member  States  may  authorise  the use of books  of  record  sheets  specified 
in Annex  III  of  Regulation  (EEC)  No 3118/93 until  31 December  1995 at the  latest; 
the other  Member  States  shall  accept these books of  record  sheets  on their  territory 
until  31 December  1995.  Until the same date,  Finland  and  Sweden may  authorise  the 
use  of books  of  record  sheets  specified  in Annex III  of Appendix  2 to Annex  XIII  to 
the EEA  Agreement,  as amended  by  Decision  7/94  of the EEA  Joint  Committee. 

Article  3 

This  Regulation  shall  enter  into force  on  1 January  1995, subject  to the entry  into 
force  of the Treaty  of  Accession  of Norway,  Austria,  Finland  and  Sweden. 

This  Regulation  shall  be binding  in its entirety  and directly  applicable  in all  Member 
States. 

Done at 

For the Council 
The President 

OJ No L  160 of 28.6.1994,  p. 1 

ANNEX 

'ANNEX IV 

TRANSPORT  OPERATIONS  CARRIED OUT IN 
(YEAR) 
UNDER  COVER OF COMMUNITY  CABOTAGE AUTHORIZATIONS  ISSUED BY 

(QUARTER) 

(DISTINGUISHING  SIGN OF THE COUNTRY) 

Country  of  loading 
and unloading 

Number  of 

Tonnes  carried 

I 

Tonne-kilometres 
worked 
(in thousands) 

_ 

F 
I 
NL 
B 
L 
GB 
IRL 
DK 
GR 
£ 
P 
FIN 
S 
A1 

Total cabotage  : 

1 
I 

I 

Information on Austria only to be supplied  as from  the first  quarter of  1997 

/?1 

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