Amended proposal for a COUNCIL DIRECTIVE on the use of vehicles hired without drivers for the carriage of goods by road
Date: 1996-03-25
Institutions: European Commission
Subjects: carriage for hire or reward, carriage of goods, carriage of passengers, road transport, vehicle rental

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

•it 

"ii 

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Brussels,25.03.1996 
CUM(*K>)  115  linal 

95/0012 (SYN) 

Amended  proposal  tor  a 

COUNCIL  DIRECTIVE 

on the use of vehicles  hired  without  drivers  for the carriage  of goods  by road 

(presented  by the Commission  pursuant  to Article  189 a (2) 
of  the  EC-Treaty) 

Amendment  to the proposal  for a 

COUNCIL  DIRECTIVE 

on the  use  of  vehicles  hired  without  drivers for the carriage  of  goods  by  road 

EXPLANATORY  MEMORANDUM 

1. 

2. 

3. 

4. 

On  13  February  1995  the  Commission  presented  to  the  Council  a  proposal  for  a 
Council  Directive  on  the  use  of  vehicles  hired  without  drivers  for  the  carriage  of 
goods  by  road1.  As  the  proposal  presents  further  amendments  to  Council  Directive 
84/647/EEC  of  19 December  1984 on  the use  of  vehicles  hired  without  drivers  for 
the  carriage  of  goods  by  road2,  it  has  been  recast  for  reasons  of  clarity  and 
rationality. 

The  Economic  and  Social  Committee  gave  its positive  opinion  on 31 May  1995. 

During  its  plenary  session  on  13  July  1995,  the  European  Parliament  approved, 
subject  to  five  amendments,  the  proposal  for  a Council  Directive  presented  by  the 
Commission. 

The  Commission  has not accepted  amendment  1 (citation 3) which refers  to Article 
189c of the Treaty,  as it is legally superfluous.  However,  it has accepted  amendment 
5 (recital  11a)  requesting  the Commission  to submit a similar proposal  to allow  the 
use of vehicles hired  without drivers  for the transport of passengers  between Member 
States, but without fixing a delay for the submission of such a proposal.  Amendments 
2  (recital  5)  and  3  (recital  8a)  have  been  accepted  as  proposed  by  the  European 
Parliament. The text of amendment 7 (new), which the Commission has accepted, has 
been substituted  to become a new Article 7 in line with Commission  Communication 
(95)  162  def. 

The  Commission  has  therefore  amended  its position  as follows  : 

Initital  proposal 

Amended  proposal 

Whereas  the carriage  of  goods  in the 
single  market  should  be  facilitated; 

Whereas  the European  Union's 
single  market  is an area  in  which 

(Amendment  2) 
Recital  5 

Doc.  COM(95)  2  final 

O.J.  n"  L  335,  22.12.1984,  p.  72.  Directive  amended  by  Directive 
90/398/EEC  (O.J.  n'  L 202,  31.7.1990,  p. 46). 

£ 

goods,  persons,  services  and  capital rmy 
the 
move  freely;  whereas,  therefore, 
carriage  of  goods  in  particular  should 
also be  liberalized  in conjunction  with a 
gradual  harmonization  of 
transport 
conditions; 

(Amendment  3) 
Recital  8a (new) 

Whereas  it  is  necessary  to  ensure  that 
hiring  vehicles  without  drivers  does  not 
lead  to an  increase  in  casual  undeclared 
employment; 

(Amendment  5) 
Recital  11a (new) 

policy, 

Whereas,  in  line  with  the priorities  laid 
down in the White Paper on the common 
the  Commission 
transport 
for 
envisages  submitting  a  proposal 
liberalizing  the  use  of  vehicles  hired 
without  drivers  for 
the  transport  of 
passengers  in other  Member  States; 

Article  7  (new) 

to 

Member States shall lay down the system 
of  penalties  for  breaching  the  national 
this 
provisions  adopted  pursuant 
Directive  and shall take all the measures 
necessary  to  ensure  that  those  penalties 
are applied.  The  penalties thus  provided 
for  shall  be effective,  proportionate  and 
dissuasive.  Member  States  shall  notify 
the relevant positions to the Commission 
in 
not  later  than  the  date  specified 
Article 
any 
subsequent  changes  as  soon  as possible. 

shall  notify 

10  and 

Article  7 becomes  Article  8 
Article  8 becomes  Article  9 
Article 9 becomes  Article  10 
Article  10 becomes  Article  11 
Article  11 becomes  Article  12. 

j 

ISSN 0254-1475 

COM(96)  115 final 

DOCUMENTS 

EN 

07 

Catalogue number  : CB-CO-96-124-EN-C 

ISBN 92-78-01754-X 

Office  for Official  Publications  of the European  Communities 

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