Report from the Commission to the Council on the application during the years 1993 to 1995 of Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States
Date: 1997-07-18
Institutions: European Commission
Subjects: application of EU law, carriage of goods, combined transport, intra-EU transport, statistics

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  18.07.1997 
COM(97)  372  final 

REPORT FROM THE COMMISSION TO THE COUNCIL 

on the application during the years  1993 to 1995 
of Council Directive 92/106/EEC 
of 7 December  1992 
on the establishment of common rules for certain 
types of combined transport of goods between Member States 

1.  INTRODUCTION 

Before  Council  Directive  92/106  was  adopted  on  7  December  1992,  Community  legislation  to 
establish common rules for combined transport already existed. 

1.1.  Council Directive 75/130/EEC 

The main aims of this Directive were to free combined transport from all 
quantitative restrictions  (quotas) and to abolish certain administrative 
formalities.1 
Directive  75/130  has  been  amended  five  times.2  The  main  purposes  of  these 
amendments were to extend the scope of the measures to: 

the transport of units by inland waterways between Member States, 
including feeder  and final delivery transport by road; 
the reimbursement of national road tax on vehicles used  in combined 
transport; 
own-account combined transport operations; 
abolish compulsory  tariffs  on feeder  and final delivery road haulage legs. 

1.2. 

Council  Directive  92/106/EEC 

is a consolidated version of Directive 75/130/EEC of  17 

Council Directive 92/106/EEC of 7 December  1992 on the establishment of 
common rules for  certain types of combined  transport of goods between 
Member States 
February  1975. 
Directive 92/106/EEC  is intended to liberalise from  any authorisation the 
initial and final  leg of a combined transport operation involving rail,  inland 
waterways and also maritime services where this section exceeds  100 km as the 
crow  flies.  The road sections are subject to the same limits as those applied to 
road haulage linked to inland waterway  transport. 

The goal of Directive 92/106 can be summarised by the following  recital: 
"Whereas the increasing problems relating to road congestion,  the environment 
and safety call,  in the public interest,  for  the further  development of combined 
transport as an alternative to road transport; " 

Directive  75/130/EEC  of  17 February  1975, OJ No  L 48,  17.2.1975,  p.31 
2  Directive  79/5/EEC  of  19 December  1978, OJ No L 5,  9.1.1979,  p.33 
Directive  82/3/EEC  of 21 December  1981, OJ No  L 5,  9.1.1982,  p. 12 
Directive  82/603/EEC  of  28 July  1982,  OJ No  L 247,  23.8.1982,  p.6 
Directive  86/544/EEC  of  10 November  1986,  OJ  No  L 320,  15.11.1986,  p.33 
Directive  91/224/EEC  of  27  March  1991, OJ  No  L  103, 23.4.1991,  p.l 
O.J.L.  368,  17.12.92  p.38 

According to Article 5 of Directive 92/106/EEC,  the Commission shall draw up 
a report to the Council on: 

the application of Community legislation in this area as well as the economic 
development of combined transport;  and the definition, where necessary, of 
further  measures to promote combined transport. 

This report has been drawn up in fulfilment  of that obligation. 

In  compiling  the  report,  the  Commission  sent  a  questionnaire  to  the  Member 
States  and  professional  bodies  concerned.  The  report  covers  the  application- of 
the Directive  from  1993 to  1995. The statistical  tables  were prepared  using  data 
covering  the years  1993-1994,  because only  for  those years  sufficient  data  were 
available.  The analyses contained  in the report are to a large extent based  on  the 
information  provided  in  the  responses,  which  were  received  between  23  May 
1995  and  11 January  1996.  No  replies  to  the  questionnaire  were  received  from 
Greece,  Italy and Spain. 

The Directive 92/106/EEC describes  "combined transport" as follows  in Article 
1.1: 

"For the purposes of this Directive,  "combined transport"  means the 
transport of goods between Member States where the lorry,  trailer,  semi 
trailer,  with or without tractor unit, swap body or container of 20 feet or 
more uses the road on the initial or final leg of the journey and,  on the 
other leg, rail or inland waterway or maritime services where this section 
exceeds  100 km as the crow flies and make the initial or final  road 
transport leg of the journey; 

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

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

2. 

APPLICATION  OF DIRECTIVE  92/106/EEC 

2.1. 

Transposai  into national  legislation 

Under  Article  10 of  Directive  92/106/EEC,  the  Member  States  are  required  to 
comply with that Directive by  1 July  1993. The Member States,  with only a  few 
exceptions,  have  transposed  Directive  92/106  into  national  legislation.  In  the 
cases  where  only  part  of  the  Directive  has  been  transposed  or  where  the 
legislation  has  not  yet  been  adopted  at  the  time  of  writing  this  report,  the 
Commission has started infringement  proceedings  in accordance with Article  169 
of the EC Treaty. 

2.2. 

Failure to apply the provisions of the Directive correctly 

Following  a  complaint  made  by  a  road  transport  company,  the  Commission 
observed  that,  in  contravention  of  Article  2  of  Directive  75/130,  Italy  had 
imposed  quotas on the authorizations  issued to vehicles used exclusively  for  road 
transport  on  feeder  or  final  delivery  legs  in  combined, transport  operations  in 
Italy,  even  where  the  vehicles  concerned  were  registered 
in  Italy.  The 
Commission  brought  an  action  at  the  Court  of  Justice,  which  on  7  May  1992 
delivered  a judgment  in favour  of  the  Commission,  finding  against  Italy  (  Case 
45/89). 
According to a road hauliers association,  a certain Member  State still  maintains a 
system  of authorisations  for  combined  transport.  In October  1996, the 
Commission decided to sent a letter of formal  notice to the Authorities 
concerned,  because they had not answered requests for  information. 

2.3.  Application of the Directive's tax-related provisions 

2.3.1  General 
Directive  82/603/EEC  set  up  a  system  of  tax  incentives  to  promote  the  use  of 
combined  transport.  Article  8  permitted  the  Member  States  to  reduce  or 
reimburse certain taxes on road vehicles used for  combined  transport  operations, 
either  "by  a standard  amount or  in proportion  to the journeys  that such  vehicles 
undertake  by  rail"  in the  Member  States  in which  they  are  registered.  Article  8 
also  authorized  Member  States  to  extend  tax  reductions  or  reimbursements  to 
take account of part or all of rail mileage outside their  territory. 

In  1990  the  Commission  presented  a  proposal  for  amendments  to  Directive 
75/130,4  one  of  which  involved  making  these  reductions  compulsory  for  the 
entire rail leg. The Council did not adopt this measure. 

In  1992,  by  adopting  Directive  92/106  and  by  virtue  of  its  Article  6.1,  the 
following  obligation has been created: 
"Member  States shall  take the measures  necessary  to ensure  that  the  taxes  listed 
in paragraph  3 which  are applicable to road vehicles  (lorries,  tractors,  trailers or 
semi-trailers)  when  routed  in  combined  transport  are  reduced  or  reimbursed 

4  COM  (90)  564 

either  by  a standard  amount,  or  in proportion  to  the journeys  that  such  vehicles 
undertake by rail,  within limits and  in accordance with conditions  and  rules  they 
fix after  consultation with the Commission. " 

It has to be pointed out that Member States have applied Article 6.1.,  concerning 
tax rebates,  of  Directive  92/106  only  to combined  road/rail  transport,  mainly  to 
rolling road.  Other kinds of combined transport,  inter alia those  involving  inland 
waterways  or  short  sea  transport,  do  not  benefit  from  these  rebates  from  the 
taxes mentioned  in paragraph 3 of Article 6.1 of Directive 92/106. 
Member States however,  are allowed by  Directive 92/106 to give some other  tax 
rebates as  follows: 
-first,  "Member  States  may,  however,  grant  these reductions  or  reimbursements 
on  the basis of  the rail journeys  which  take place partially  or  wholly  outside  the 
Member State in which the vehicles are registered. " 
-second,  "...vehicles  used  exclusively  for  road  haulage  in  feeder  or  final 
delivery  carriage  by  combined  transport  may  be  exempted,  if  they  are  taxed 
separately,  from  the taxes  listed....". 

2.3.2  Member States where these tax measures have practical  effects: 
Germany  has  since  1979  granted  tax  reductions  for  road  vehicles  involved  in 
combined  transport,  according  to  the  number  of  rail  transports  carried  out. 
Vehicles  used exclusively  for  transport to and from terminals  are exempted.  The 
annual total amounts to about  12,5 MECU  (24 million DM). 
France  has  since  1979  granted  reductions  on  axle  tax  for  road  hauliers  using 
combined  rail/road  transport.  These  amount  to  75%  of  the  tax  fixed  for  the 
haulage zone. 
Italy,  according to the last report on Directive 92/106, reimburses road tax and 
regional surtaxes to vehicles using rail, the total amount  is not known. 
Austrian vehicles exclusively  involved  in transport to and from  terminals have 
an exemption from  road vehicle tax. Besides,  for  each rail transport of an 
Austrian vehicle a tax rebate of  15  % of the monthly tax is given.  For  this 
about 5 MECU  (70 million Schillings) a year are paid by the Austrian 
Government. 

2.3.3  Member  States where these tax measures have no practical  effect: 
In  the  United  Kingdom  tax  rebates  for  whole  vehicles  used  in  combined 
transport  (the type called  rolling  road)  are provided  for,  because  Vehicle  Excise 
Duty  is  only  levied  on  motorized  vehicles.  However,  according  to  the  reply, 
transport  of  such  vehicles  by  rail  is not currently  possible  in  the  UK  because  of 
loading gauge restrictions. 
In  Belgium  reimbursement  is  possible  for  the  rail-distance  travelled  by  taxed 
vehicles  within  Belgium,  but  no  reimbursements  have  in  fact  been  made. 
Belgium  has  informed  the  Commission  this  is  because  of  the  short  distances 
covered  within  this  country  for  which  refunds  could  be  asked  and 
the 
administrative  workload  involved.  For  the  Netherlands  there  was  no  effect 

because of tax rebates are only possible  for  each  individual  vehicle being  taxed. 
Given  that  in  the  Dutch  market,  combined  transport  operations  involving 
complete  road  vehicles  are  not generally  executed,  tax  rebates  given  have  been 
therefore  negligible.  In  Finland  almost  nothing  had  to be paid.  In Sweden  only 
vehicles  that  use  rail  for  more  than  60  days  are  eligible  for  tax  rebates.  There 
were no applications for tax reductions  in Sweden. 
DK,  El,  E,  IRL,  L and P did not reply this question.  From the last report on 
directive 92/106 it is known however that DK,  El,  E,  IRL and L did not make 
reimbursements. 

2.3.4  Conclusions on tax rebates 
In  conclusion,  the  present  tax  provisions  have  not  been  used  in  most  Member 
States. Also, the application of the obligatory  tax provision  is limited  to one type 
of  combined  transport:  the  rail  transport  of  certain  vehicles.  In  practice,  this 
limits  the  application  in  many  tax  systems  to  rolling  road.  Therefore,  there  is 
little  practical  effect  on  the  development  of  combined  transport.  It  should  be 
recognised,  that  combinations  with  inland  waterway  transport  and  short  sea 
shipping can also make a contribution  to  making  transport  sustainable.  Since  for 
the  long  haul  the roads  are  not  used  in such  cases,  rebates  of  road  taxes  can  be 
justified.  The  question  can  be  asked  as  well,  whether  it  is justified  as  long  as 
external costs of road transport are not fully  internalised,  to mitigate the resulting 
negative  impact  on  combined  transport  through  a  reduction  in  taxation  of 
combined  transport. 
Ways  to  extend  the  practical  use  of  the  tax  provisions  to  Member  States  that 
presently  do  not  use  them  and  to  combined  transport  involving  short  sea 
transport  or  inland  waterways  have  to  be  considered.  Basically,  there  are  two 
options:  an extension of  the scope of voluntary  exemptions  or  an  increase  in the 
types of combined transport operations where exemptions are mandatory. 

2.4.  Application of the Directive's provisions related to initial or final road delivery 
Member States did not supply specific  information on the effects  of these 
provisions concerning the liberalisation of initial or final road legs of combined 
transports.  In Italy an organisation for  these initial and delivery transports by 
road was founded.  In the 4th Framework programme a study on wider 
application of this idea has recently been accepted for co-financing  by the 
Commission. 

From  the  first  of  July  1998,  road  haulage,  cabotage  will  be  free  from 
authorisation  5.  As  until  now  combined  transport  operations  were  already  free 
from  authorisation,  they  will  lose  some  of  their  competitive  advantage  and 
therefore,  the  Commission  will,  if  necessary,  reconsider  the  relevant  provisions 
of Directive 92/106/EEC. 

5  Regulation  3118/93  of 25  October  1993, Article  12.2,  OJ  No.  L 279,  12.11.1993, p.  1 

3.  ECONOMIC DEVELOPMENT OF THE SECTOR 

3.1.  Statistical trends in Europe 

3.1.1  Combined Transport  in TEU 
The following  table  1  shows: 

- the total number of units moved in combined transport expressed  in TEU; 
- the growth between  1993 and  1994, because only fo'r those recent years the 
services of the Commission have figures  available for all modes and types of 
units involved  in combined transport;  the figures  for  1990 from the previous 
Commission report  are used as a reference. 

- Due to the non-standardised  figures  available,  the table contains best estimates. 
- A more extensive table also showing the relative importance of the  different 
types of units can be found  in Annex  1. There, also the explanatory  remarks 
and other comments concerning the statistics available are dealt with. 

Table 1 trends for combined transport,  converted in TEU 

Source 

1990 

1993 

1994 

see Annex 1 

4 884 000 

6 707 000 

7  640 000 

Total TEU  in combined 
transport ex short sea 
transport 

3.1.2  Conclusion from  table 1 
The number of TEU  transported  in combined transport is impressive,  the growth 
from  1990 till  1994 was almost 60%. 

3.1.3  Attempt to compare road, rail freight  and combined  transport 
Ideally this should be done in millions of tonne kilometres  (tkm), but especially 
for  inland waterways and national container transport no figures  directly  suitable 
are available. So estimates had to be made, the sources used are in Annex  1. 

Table 2' trends in million tonne-kilometre 

1993 

1994 

road 

rail freight  transport 

total combined transport ex 
short sea transport 

964 000 

205 000 

47 392 

1061000 

220 000 

51 972 

COM  (93)  394 

Table 2 shows that, when combined transport is compared with road 
transport  in tkm, combined transport  is about 5 % of road  transport. 
When this figure  is related to the goal of the further  development of 
combined  transport as an alternative to road transport,  as expressed by the 
recital cited in paragraph  1.2 above, this percentage is still small. 
When,  however,  combined transport is compared to rail freight transport 
again in tkm, combined transport is about 23 % of rail transport of cargo. 

3.1.4 Conclusion on the comparison of road, rail and combined  transport 
The comparison of road with combined transport shows that in tkm 
combined  transport is about 5 % of road transport.  This is still a small 
percentage, when related to the goal of further  development of combined 
transport as an alternative to road transport.  It has to be pointed out that in 
the years considered, road transport also increased  its share of the total 
transport market.  Related to rail transport,  combined transport  is  significant 
already. 

3.1.5  Conclusion concerning the quality of the statistics 
There is a need for  more uniform  statistics. The Commission  is currently 
working on this. 
Eurostat  should  develop  an appropriate  data collection  system  by  working 
towards  a standard  and harmonised  reporting  structure,  with  assured 
protection  of business  interests. 

3.1.6  Combined  transport of containers bv inland waterways 
In  the  years  considered  (from  1993  to  1994),  container  transport  by  inland 
waterways  increased  by  about  10%.  The  most  important  relations  are  those  in 
the  triangle  between  the ports  of  Rotterdam  and  Antwerp  and  the  Rhine.  These 
transports  between  Antwerp  and  Rottedam  are  not  all  within  the  description  of 
combined  transport,  because  often  there  will  be  no  road  link.  However,  they 
generally  replace  road  transport.  Also,  from  Lille  to  these  ports  and  on  the 
Danube  container  transports  are  taking  off,  with  some  initial  help  from  the 
PACT programme,  through which during the years  1993-1996 a number  of  Pilot 
Actions  for  Combined  Transport  have  been  co-financed  with  Commission 
funds.' 

3.1.7 Container  transport involving rail 
The  transport  of  containers  involving  a  rail  link  grew  even  more  than  those  by 
inland  waterways.  Intercontainer  (ICF)  attributes  this  to  a  general  economic 
recovery  and to the start of complete trains.  Compared  with  1993, the growth  in 
TEU  was  15%  (source  ICF).  In  1995  the  numbers  were  stable,  but  in  tonne 
report  1995). 
kilometres 

the  growth  was  about  2% 

(source  SGKV 

7  Commission  Decision  93/45/EEC  of  22  December  1992,  OJ  No  L  16, 25.1.1993,  p.55 

Intercontainer's  report was not specific on the routes served,  however  ICF stated 
that growth has been due to new trains. 

3.1.8  Road/Rail  combined  transport  of  swap  bodies,  semi-trailers,  and  Rolling 

Road (trucks-ori-train) 

According  to  the  figures  from  UIRR,  the  number  of  swap  bodies  (including 
containers  in  UIRR  figures)  and  vehicles  by  rolling  road  increased  by  about 
20%.  According  to  the  UIRR  report  concerning  1995  however,  the  long  term 
trend  towards the swap body remains unbroken,  because  in tonne-kilometres  the 
growth  of  the  rolling-road  is  less  pronounced.  In  1995  the  UIRR  companies 
registered a growth of 5,6  %, due  in particular  to  international  transport  (source 
SGKV  report  1995).  The  11  member  companies  within  the  EU  serve  a  great 
number  of  routes  between  them  and  with  several  Central  and  Eastern  European 
countries.  According  to  the  1994 UIRR  report,  two  thirds  of  their  international 
road/rail transports were transalpine. 

3.1.9 Semi-trailers and trucks on ships 
These  units  are  not  transported  by  inland  waterways  in  significant  numbers 
except  on  the  Danube.  In  short  sea  shipping,  it  is  difficult  to  distinguish 
statistically  between  short  haul  ferries  (up  to  100 km)  and  short  sea  shipping  as 
part  of  combined  transport.  For  this  reason  no  figures  for  this  kind  of  transport 
were used in the tables. 

3.2.  Market organisation 

3.2.1  Combined transport involving rail 
Combined  transport operators  are,  since several years,  free  to carry out all types 
of  combined  transport  operations.  Especially  in  the  swap  body  and  container 
sectors  this has  led to  more competition.  Besides,  ICF  mentions  the  exploitation 
of hubs as an organisational  improvement. 

The  Council has adopted on 29 July  1991 Directive-91/440/EEC  8,  which,  inter 
alia,  gives  access  rights  to  railway  undertakings  and  also  to  international 
groupings  of  railway  undertakings  to  use  railway  infrastructure  throughout  the 
Community  to carry out international combined  transport operations.  This  policy 
measure  is  designed  to  give  an  impetus  to  the  development  of  combined 
transport.  A  number  of  Member  States  have  not  transposed  art  10  of  this 
Directive,  but  elsewhere  several  alliances  for  international  combined  transport 
have been  formed. 

3.2.2  Combined  transport  involving  inland waterways 
The  Rhine  is  the  backbone  of  contai nertransport  with  barges.  Freedom  of 
navigation,  the  spirit  of  enterprise  and  strict  shedules,  combined  with  a  high 

O J N o L 2 3 7.  24.8.91.  p.25 

10 

capacity  waterway  and  the  number  of  containers  transhipped  in  Antwerp  and 
.  Rotterdam  created  this success. Between Rotterdam  and  the German  Hinterland, 
inland  waterway  transport  has  a  market  share  of  35  %  of  container  transport 
according to the "Union Internationale de la Navigation Fluviale". 
The  importance  of  the  transport  of  containers  by  barge  between  Antwerp  and 
Rotterdam v.v.  is remarkable,  because  the distance  involved  is only  short.  This 
was made possible by the characteristics  ("Ausbauzustand")  of the  Scheldt-Rhine 
link and has been realised by the efficient  use of shuttles. 
The  inland  waterway  operators  engaged  in container  transport  are both  shipping 
companies  and  single  ship  owners  ('artisans').  The  organisation  is  often  in 
groups to provide more frequent  and regular sailings. 

3.2.3  Combined transport involving short sea shipping. 
.  Combined transport involving short sea shipping includes: 

-  feeder  traffic,  mainly between the major  ports  in the Hambug-Le  Havre  range 
and ports in all regions of Europe and feeder  traffic  within the Mediterranean; 
-  Roll on/Roll off  (Ro/Ro) services  for  road vehicles and regular  Lift  on-Lift  off 
(Lo/Lo)  services for containers,  which link especially  Member  States on the 
periphery of the Community with their neighbours,  with central areas and  also 
connects mainlands and major  islands. 

The Commission's  Communication  on the development of  Short Sea shipping  in 
Europe 
includes  an  action  programme  with  recommended  measures  for 
improving the quality and efficiency  of short sea shipping services as a prelude to 
shifting  traffic  from  road to sea. 

3.3.  The competitive position of combined transport 

3.3.1  Remarks on the competitive position of combined  transport 
As stated in the Commission Communication concerning an action programme to 
promote the combined transport of goods,10 combined transport  is not yet always 
able to compete effectively  with road even on longer distances. The first  problem 
is the lack of  internalisation of external  costs  especially  in road  transport,  which 
is discussed  in depth  in the framework of the Green Paper of the Commission on 
"Fair and Efficient  Pricing"11.  The second  problem  relates to the different  levels 
of enforcement  in the Member  States of  the legislation on driving  times  for  road 
transport.  If  this  legislation  would  be  enforced  fully,  the  resulting  compliance 
with  the  limits  on  driving  times  in road  transport  of  goods  would  lead  to  many 
long  road  transport  trips  being  made  by  two  drivers  per  truck.  By  raising  the 
costs of single mode road  transport,  this would  improve  the competitive  position 
of combined transport.  Concerning.driving times,  the Commission  is working  on 

Com(95)317 

10  Communication  to  the Council  COM  (96)  335 of  24.07.1996 
11  Com(95)  691  final 

11 

replacing  the present tachograph by an electronic device.  Third,  overloading  in 
road transport still distorts competition with the rail. Due to technical constraints, 
combined  transport  operations  with  a  gross  weight  of  more  than  44  t  for  the 
entire  vehicle  will  face  difficulties  in  some  cases.  Maximum  gross  weight  in 
general and a specific 44 t exemption for  combined transport gives a general  idea 
about  whether  combined  transport  in  a  particular  country  has  a  specific 
advantage  in case of heavy  transport.  Now,  only  the road  hauliers  are  punished 
when they are found by the police to carry an overload.  However,  they are  often 
under  pressure  by  their  principals  to  accept  an  ove'rload.  If  shippers  could  be 
held  responsible  for  this as  well,  pressure  on  road  hauliers  would  diminish  and 
the  competitive  position  of  combined  transport  would  be  improved.  The  legal 
issues  involved,  especially  whether  this  is  a  possibility  within  Community 
legislation,  still have to be studied. 
Besides, combined  transport also requires  expensive transhipment  operations  and 
intermodal equipment,  this is a structural disadvantage.  Last but not least,  the use 
of  information  technology  required  for  combined  transport  is  not  yet  sufficient, 
to  make  these  complicated  operations  competitive  with  road  transport.  By 
presenting  a  proposal  for  a  Council  Regulation  concerning  the  granting  of 
Community  financial  assistance  for  actions 
to  promote  combined  goods 
transport,  the  Commission  is  contributing  to  the  improvement  of  the  last  two 
points. 

3.3.2  Conclusion on the competitive position 
Combined  transport  still  cannot compete  with  long distance road  transport  in all 
cases,  because  of  remaining  distortions  of  competition  by  road  transport  and 
some structural problems of combined  transport itself. 

4.  SUGGESTIONS  FOR MEASURES  ON EU  LEVEL 

4.1 

Suggestions by Member States 

4.1.1  Measures to promote combined transport 
-  B  states  that  investments  in  infrastructure  and  the  establishment  of  regular 
services should be supported.  Infrastructure  improvement should be coherent. 
-  NL  wants  to be able  to cover  initial  losses of  shuttles,  because  less  than  full 
utilisation  is  said  to  be  inevitable  on  new  links  during  the  first  two  years. 
More funds  for  the TEN for  intermodal  should be considered. 

-  A suggests  that as long as total costs of  road  transport are  not covered,  public 
transport  should  be  possible  and  also 

service  contracts  for  combined 
operational subsidies for Alpine crossing transports should be allowed. 
-  F states that state aids for  use of infrastructure  should be made possible. 

12  Com(94)323  final,  JO  No 243 of  31.8.1994  p.  8,  modified  by  Com(95)  550  final,  JO 
No  C25 of  31.1.1996  p. 5 
13  Communication  to the Council  COM  (96)  335 of  24.07.1996 

12 

-  FIN  names:  financial  aid, 

technology  development  vand  promotion  of 

competition. 

-  P and several other countries want PACT  14 to be made permanent. 

-  Several  countries  (B,  A)  stated  that  internal  frontier-crossings  still  need 

attention. 

-  DK  points  ouf  if  road  transport  costs  included  real  infrastructure  costs,  that 

- 

would promote combined  transport. 
IRL  states  that  the  promotion  of  combined  transport  should  recognise  the 
importance of road transport. 

-  D  suggests 

that,  because  of  the  liberalisation 

the 
competitiveness  of  combined  transport  has  deteriorated,  therefore  the  High 
Level Group on Combined Transport 

should be reconvened. 

transport, 

in  road 

-  D  also  maintains  that  the  arrangement  for  transport  of  44  tonnes,  at  present 
applicable if a 40-foot  ISO container  is carried as part of a combined  transport 
operation,  should  be extended  to all  different  kinds  of  combined  transport  of 
all units under the same conditions. 

-  F cautions against extending the definition  of combined  transport by  widening 
the  definition  to  sea-road.  The  extension  to  44  tonnes  should  be  limited  to 
rail-road and inland  waterway-road. 

-  UK  prefers  to  encourage  the  carriage  of  freight  by  rail  in  general  and 

extended the 44 tonnes measure to swap bodies in road-rail  transport. 

4.1.2  Commission conclusions on measures suggested by Member  States 
The  measures  mentioned  do  not  all  fit  within  the  context  of  a  revision  of 
Directive  92/106/EEC.  Some concern  state aids  in Regulation  1107/70  16,  TEN 
17,  Community  financial  assistance (PACT see 3.1.6  above)  or even measures  in 
the area of frontier controls. The Commission sees them as a reminder  that more 
work has to be done to promote  intermodal  transport also outside  the revision of 
Directive 92/106. 

14  At the time of writing  their response letters Member States could only refer  to the 
Commission Decision of  1992 mentioned  in paragraph 3.1.6. 
15 the High Level Group on Combined Transport made up of representatives of the Member 
States and otlier  interested parties,  met in the years  1990-1992 to advise the the Commission. 
16 The  measures  concerning  combined  transport of  Regulation  1107/70 were  lastly 
prolongated  until  31  December  1997 by  Regulation  No 543/97 of  the Council  of  17 March 
1997,  OJ  No  L 84,  26.3.1997  p.  6. 
1 7 

trans  European  transport  network,  Decision  No  1692/96/EG  of 23 juli  1996,  OJ  No  L 

228 of  9.9.1996,  p.  1 

13 

Several  Member  States  however,  are  interested  in  the  possibility  of  allowing  in 
all  Member  States  at  least  the  44  tonnes  weight  limit  for  initial  and  final  road 
transport  in  the  context  of  every  combined  transport  operation.  The  French 
suggestion  that  it  should  not  apply  to  sea-road  transport,  would  pose  new 
restrictions  on combined  transport  with a short  sea  shipping  leg.  However,  care 
should  be  taken  that  further  measures  should  promote  those  sea-land  transports 
where  the  major  part  of  the  Community  journey  is  by  sea,  rail  or  inland 
waterways  and  the  road  leg  should  remain  limited.  It  should  be  considered  to 
allow  in  all  Member  States  the  initial  and  final  road  transport  of  44  tonnes 
maximum  weight as part of all combined  transport.  In considering  this,  account 
should be taken of the following points as well: 

18 

limit 

in  domestic 

to harmonise throughout  the 
The Commission has presented a proposal 
EC  the  weight  limit  to  44  tonnes  for  all  road  transport.  However, 
Member  States did not retain this part of  the proposal  when they  adopted 
Directive  96/53/EC 
.  Presentiy,  therefore,  each  Member  State  can  set 
national  weight  limits  and,  as  allowed  by  Article  4.2.  of  that  directive, 
introduce  the  44  tonne  weight 
transport.  The 
Commission  proposal  for  a  generalised  44  tonnes  weight  limit  formally 
remains on the table of the Council by virtue of a formal  declaration.20. 
If  all  Member  States  allowed  lorries  up  to  44  tonnes  for  the  initial  and 
final  road transport as part of every combined  transport  operation,  such a 
derogation  from  any  existing  weight  limits  on  their  territory  would 
directly  benefit  the promotion  of  combined  transport.  It  is  not  meant  to 
restrict  those  who  presently  allow  higher  weight  limits.  The  other 
conditions  of  Directive  96/53/EC  as  now  applicable  and  the  limited 
distances  to terminals  by road  that  now  apply  to this  limit,  could  remain 
die same. 

4.1.3  Problems on links with third countries 
-  B  sees  difficulties  concerning  external  borders, 

tarification, 

technical 

standards of units. 

-  DK would like the rail  infrastucture  between D and Poland  to be  improved. 
-  D and  A  mention problems  with veterinary  controls;  Uiese countries  and  NL 
propose  that  such  controls  should  be  at  terminals  of  destination  for  block 
trains.  A  further  cautions  against  strict  phytosanitary  controls  at  Community 
borders. 

4.1.4  Commission conclusion on links with third countries 
The  possibilities  to  make  phytosanitary  and  veterinary  controls  in  the  relations 
transport  should  be 
less  problematic  for  combined 
with 

third  countries 

18  Com(93)679,  OJ  No.  C38 of  8.2.1994 
19  Directive  96/53/EC  of  25 July  1996,  OJ  No.  L235,  17.9.96  p.  59 
20  Council  of  25  July  1996 

14 

investigated.  This  subject,  however,  comes  under  the policy  area  of  controls  of 
agricultural  products,  so  it  cannot  be  dealt  with  in  the  revision  of  Directive 
92/106. 

4.2.  Measures suggested bv professional  bodies 

Intercontainer/Interfrigo  (ICF)  suggests  the  following  measures  in  the 
legal field\ restrictions  on driving  (weekends,  nights, holidays)  should  be 
lifted  for  intial  and  final  road  legs.  They  would  welcome  also  an 
exemption  from  the  Eurovignette 
\  as  well  as  an  extension  of  the 
Directive  to  all  loading  units  (this  can  be  interpreted  to  mean  the  point 
concerning  44  tonnes  for  the  road  link  of  all  combined  transport).  AH 
measures should be extended to the whole of Europe. 
The  Central  Commission  for  the  Navigation  on  the  Rhine  requests  that 
the  obligatory  tax  exemptions  of  Directive  92/106  are  extended  to 
combined transport by inland shipping and road. 
The  International  Union  of  Combined  Road-Rail  transport  Companies 
(UIRR)  pleads  for  the  shifting  of  the  total  costs  of  transport  to  those 
generating  them and for  more checks on road transport. 

4.3. 

Commission conclusions on measures suggested bv professional  bodies 

There  exist  restrictions  on  driving  by  trucks  during  weekends,  nights  and/or 
holidays  in several Member  States. Sometimes  exemptions are made in favour  of 
combined  transport.  Until  now  such  restrictions  and  exemptions  are  taken  at 
national  level,  leading  to  organisational  problems  for  combined  transport.  The 
lifting  of  restrictions  on  driving  by  trucks  (on  weekends,  nights,  holidays)  for 
initial  and  final  road  legs  will  be  studied  for  combined  transport.  If  those 
exemptions were general and mandatory,  it would be a step to improve the speed 
and reliability of such transport. 
For a discussion on the initial and final  transport of 44 tonnes, see 4.1.2. 
When  possible, 
Eurovignette should apply equally to all kinds of combined  transport. 
The  internalisation  of  external  costs  (shifting  of  costs)  is to be  dealt  with  in  the 
framework  of  the Commission  Green  Paper  on  "Fair  and  Efficient  Pricing"  and 

tax  exemptions  and  eventual  exemptions  from 

the 

the 

in subsequent legislative actions. 

4.4. 

Other joint measures to promote combined  transport 

4.4.1  Allowing trucks to carry three 20 foot containers 

21  Council  Directive  93/89/EEC  of 25 October  1993 concerning  taxes  on certain  vehicles 
and  tolls  and  charges,  OJ  No  L 279,  12.11.93,  p.32. 

15 

Member States could consider allowing lorries to carry  3 containers of 20 
foot  as  part  of  combined  transport  operations  on  their 
individual 
territories.  According  to  Article  4.4.(b)  of  Directive  96/53/EC,  each 
Member State is allowed to do this on its territory, provided  the elements 
(modules)  of  the  trucks  comply  with  the  dimensions  prescribed  by  the 
Directive last mentioned.  * 

Member  States  decide  the  conditions,  taking  into  account  safety  considerations. 
Since the composing vehicle elements are acceptable throughout  the Community, 
additional harmonisation of legislation is not called for. -

4.4.2.0ualitv 

transport  should  be  further 

The  quality  of  combined 
improved  by 
standardisation  of  stackable  units  more  suitable  for  short  sea  transport  and 
inland transport than the present ISO containers. 
Here,  especially  the  45  foot  (13,72  m)  containers  come  to  mind.  Those 
which  measure  45  foot  between  the  side  corners  are  outside  the  maximum 
vehicle dimensions  fixed  at Community  level  for  road  transport  in Directive 
96/53/EC.  Therefore,  those put  in circulation  after  17 September  1997 will 
not  be  allowed  in  road  transport  afterwards,  Member  States  may  however 
allow  those  in circulation  before  that date on their  roads  until  31  December 
2006 by virtue of  Council  Directive 96/53/EC. The 45 foot  units  mentioned 
above,  when  2,55  m  wide,  make  combined  transport  more  competitive 
compared  to  road  semi-trailers.  They  can  carry  about  the  same  number  of 
pallets  but,  contrary  to  swap  bodies  or  semi-trailers,  the  containers  are 
stackable.  On  the  other  hand,  preamble  no.  6 of  Directive  96/53/EC  states 
that dimensions of trucks  "should remain stable in the long term".  Technical 
progress could,  over time, enable roadhauliers to transport containers  able to 
carry the same number  of pallets as road  semi-trailers  within the dimensions 
.allowed. 
As  regards  units  for  road  trains,  7,45  m  outside  length  and  2,55  m  width 
give a  suitable  loading  configuration  for  unit  loads  within present  European 
legislation. 
Standards  for  telematics  in intermodal  chains  should  be  developed,  i.a.  one 
EDI  document.  Improvements  should  also  be  made  in  the  areas  of 
reservation,  communication,  tracking/tracing  and  information  to  customers 
by telematics. 

4.4.3  Conclusion on quality  improvements 
These quality  improvements  are not ready  for  regulation,  eitlier  in the context of 
a  revision  of  Directive  92/106  nor  in  other  Community  legislation.  These  are 
long  term  issues  that  require  first  of all coordination,  pilot projects  and  in some 
cases further  research and  development. 

5. 

CONCLUSIONS 

16 

5.1. 

Statistics 

5.1.1.  Number of units in Combined  transport 
The number of TEU transported  in combined transport  is impressive: 7.6  million 
in  1994. The growth  from  1990 till  1994 was almost 60%. 

5.1.2.  Comparison of road, rail and combined transport ' 
This  comparison  of  road  with  combined  transport  shows  that  in  tkm  combined 
transport  is  about  5 % of  road  transport.  This  is  still  a  small  percentage,  when 
related to the goal of further  development of combined transport as, an alternative 
to  road  transport.  It  has  to  be  pointed  out  that  in  the  years  considered,  road 
transport  also  increased  its  share  of  the  total  transport  market.  When,  however 
combined  transport  is compared  to rail  freight  transport  again  in tkm,  combined 
transport  is about 23 % of rail transport of cargo. 

5.1.3.  The quality of the statistics 
There  is  a  need  for  more  uniform  statistics.  The  Commission  is  currently 
working on this. 

5.2. 

Possibilities for  measures within a revision of Directive 92/106 

Combined  transport  still  cannot  compete  even  with  long  distance  road  transport 
in all cases,  in the following  some practical  measures  are considered  to  improve 
its competitive position. 

5.2.1.  Tax provisions 
In  conclusion,  the  present  tax  provisions  have  not  been  used  in  most  Member 
States. Also, the application of the obligatory  tax provision  is limited to one type 
of  combined  transport:  the  rail  transport  of  certain  vehicles.  In  practice,  this 
limits  the  application  in  many  tax  systems  to  rolling  road.  Therefore,  there  is 
little  practical  effect  on  the  development  of  combined  transport.  It  should  be 
recognised  that  combinations  with  inland  waterway  transport  and  short  sea 
shipping  can also make a contribution to  making  transport  sustainable.  Since  for 
the  long  haul  the roads  are  not used  in such  cases,  rebates  of  road  taxes  can  be 
justified.  When  possible,  the  tax  exemptions  and  eventual  exemptions  from  the 
Eurovignette  should  apply  equally  to  all  kinds  of  combined  transport.  Another 
argument  may  be  compensation  for  external  costs  not  yet  fully  paid  by  road 
transport.  Ways  to  extend  the  practical  use  of  the  tax  provisions  to  Member 
States  diat presently  do  not  use  them  and  to combined  transport  involving  short 
sea transport or  inland waterways have to be considered.  Basically,  there are two 
options: an extension of the scope of voluntary exemptions and an  increase  in the 
types of combined  transport operations where exemptions are mandatory. 

5.2.2.  Initial and final  delivery  transport 

17 

From  the  first  of  July  1998,  road  haulage  cabotage  will  be  free  from 
authorisation 
.  As  until  now  combined  transport  operations  were  already  free 
from  authorisation,  they  will  lose  some  of  their  competitive  advantage  and 
therefore,  the Commission  will,  if  necessary,  reconsider  the  relevant  provisions 
of Directive 92/106/EEC. 

5.2.3.  44 tonnes and combined transport 
It should  be  considered  to allow  in all  Member  States  the  initial  and  final  road 
transport  of  44  tonnes  maximum  weight  as  part  of  every  combined  transport 
operation.  In considering this, account should be taken of the following points: 

The  Commission  has  presented  a  proposal  to  harmonise  throughout  the 
EC the weight limit to 44 tonnes for all road transport.  However  Member 
States did not retain this part of the proposal when they adopted  Directive 
96/53/EC  Presently,  therefore,  each  Member  State  can  set  national 
weight  limits  and,  as allowed  by Article 4.2.  of  that  directive,  introduce 
the  44  tonne  weight  limit  in  domestic  transport.  The  Commission's 
proposal for a generalised 44 tonnes weight limit formally  remains on the 
table of the Council by virtue of a formal  declaration. 
If  all  Member  States  allowed  lorries  up  to  44  tonnes  for  the  initial  and 
final  road transport as part of every combined  transport  operation,  such a 
derogation  from'  any  existing  weight  limits  on  their  territory  would 
directly  benefit  the promotion  of  combined  transport.  It  is  not  meant  to 
restrict those who presently allow higher weight limits. 

5.2.4.  The lifting  of restrictions on road legs 
The  lifting  of  restrictions  on  driving  by  trucks  (on  weekends,  nights,  holidays) 
for  initial  and  final  road  legs  will  be  studied  for  combined  transport.  If  those 
exemptions were general and mandatory,  it would be a step to improve the speed 
and reliability of combined transport. 

5.2.5.  The  report  has  shown  several  possibilities  for  improvement  of  the 
Directive 92/106, as listed above in 5.2.1  to 5.2.4.  The Commission  will  adopt, 
as appropriate,  the necessary measures. 
However,  considering  the strong  competitive  position  of  road  transport  these 
measures  cannot,  on  their  own,  be  sufficient  to  lead  to  a  really  important 
increase  of  the share of combined  transport  in the total  transport  market. 

5.3. 

Measures outside the scope of Directive 92/106 

5.3.1.  Allowing trucks to carry three 20 foot containers 

Member States could consider allowing lorries to carry  3 containers  of 20 
individual 
foot  as  part  of  combined  transport  operations  on  their 
territories.  According  to  Article  4.4.(b)  of  Directive  96/53/EC,  each 

22  Regulation  3118/93  of 25 October  1993, Article  12.2,  OJ  No.  L 279,  12.11.1993,  p.  1. 

18 

Member State is allowed to do this on its territory,  provided the elements 
(modules)  of  the  trucks  comply  with  the  dimensions  prescribed  by  the 
Directive last mentioned. 

Member  States  decide  the  conditions,  taking  into  account  safety  considerations. 
Since the composing vehicle elements are acceptable throughout the Community, 
additional harmonisation of legislation is not called  for. 

5.3.2.  Overloading and driving times in road transport 
Overloading  in road  transport  still distorts competition.  If shippers  could be held 
responsible  for  this as well, pressure on road  hauliers  to accept  overloads  would 
diminish and the competitive position of combined  transport would be  improved. 
This  could  also  be  improved  by  full  enforcement  of  the  legislation  on  driving 
times for road transport. 

5.3.3.  Phytosanitary  and veterinary  controls 
The  possibilities  to  make  phytosanitary  and  veterinary  controls  in  the  relations 
with 
transport  should  be 
less  problematic  for  combined 
investigated. 

third  countries 

5.3.4.  Quality  improvements of cdhibined transport 
The standardisation of  stackable  units  more suitable  for  short  sea  transport 
and  inland  combined  transport  is not  ready  for  regulation.  The  same  goes 
for  standards  for  telematics  in  intermodal  chains.  These  are  long  term 
issues that  require first of all coordination, pilots and in some cases  further 
research and development. 

5.3.5.  Other measures  mentioned to promote combined  transport 
Other  measures  mentioned  concern  state  aids  in  Regulation  1107/70,  TEN, 
Community  financial  assistance,  or  measures  in  the  area  of  internal  frontier 
controls.  The  Commission  sees  them  as  a  reminder  that  more  work  has  to  be 
done  to  promote  intermodal  transport  also  outside  the  revision  of  Directive 
92/106. 

19 

Annex 1 

TABLE 1A  Statistical 
Type of unit 

trends for each type of unit;  converted in TEU 

source 

1990 

1993 

1994 

A) containers 

-short sea 

, 

no suitable figures 
for container and 
1 Ro/Ro maritime 
transport within the 
description of CT 
were available in 
time for this report 

-sea/rail 

-sea/inland 
waterways 

-road/rail 

ICF 

UINF 
estimate 

ICF 

-road/rail and rail 
only 

D,  F,  UK national 
(estimates, no  figures 
for all years) 

661000 

655 000 

738 000 

1034 000 

1  149 000 

460 000 

449 000 

259  000 

306 000 

1  160 000 

1 541 000 

1 650 000 

B) swap bodies (incl. 
containers by UIRR 
companies) 

-road/rail 

C) Rolling Road 

-road/rail 

-

D) Semi trailers 

UIRR 

ICF 

UIRR 

2 029 000 

2 431000 

235 000 

280 000 

477 000 

581000 

-road/rail 

UIRR 

477 000 

505 000 

B + C +D  1990 

Total TEU  in 
combined  transport 
ex short sea transport 

2  116000 

4 884 000 

6 707 000 

7 640 000 

20 

Explanatory  notes 

In container  transport one unit is counted here as  1,5  TEU. 
UINF  is the Union Internationale de la Navigation Fluviale. 
ICF means  Intercontainer-Interfrigo. 
In UIRR (the International  Union of Combined  Road/Rail Transport Companies)  rail/road 
statistics a consignment  is about 2,3 TEU. 
SGKV is the  "Studiengesellschaft  fur  den kombinierten Verkehr  e.V." 

Remarks concerning  the statistics available. 
Several member states reported they had no suitable or only partial statistics  available. 
The  figures  of  the  combined  transport  organisations  are  more  suitable:  there  is  less 
overlap.  But  still  a  lot  of  estimates  had  to  be  made.  There  are  also  definition  problems 
involved,  so the improvement of the statistics will take a lot of time. 
In  order to optimise  the  use of available  resources, Eurostat will be asked to investigate  the 
possibility  of  utilising  existing  administrative  information by contacting  the  competent 
organisations  in the Member  States. 

* * 

Concerning  table  1A: 
the basic  figures  are  sometimes  in units,  sometimes  in TEU.  TEU  was  chosen  as  a  unit 
for  comparison.  Containers  in  some  basic  material  comprise  swap  bodies.  For  short  sea 
transport  of unit  loads  within the definition  of combined  transport,  no comparable  figures 
were found.  Especially  for  inland  waterways  a lot of reasoning  had to be done to arive at 
global  figures.  The  ICF  figures  cover  a  wider  area  then  EU  member  states,  transport  to 
and  from  CIS  is  included.  The  UIRR  figures  comprise  for  1993  62.000  and  for  1994 
70.000  TEU  shipped  for  export  by  companies  in  States  that  are  not  EU  Members. 
National  tranport  was  only  distinguished  from  transport  between  member  states  when 
different  sources were used. The Commission report of  1993 does not contain comparable 
figures  for  inland  waterway  transport  or  national  transport  of  containers  in  1990.  A  few 
comparable  figures  are available  for  1995: UIRR total  3,7  million TEU;  ICF  1,3  million 
TEU  (SGKV report on  1995). 
The  number  of  vehicles  transported  by  UIRR  companies  rose  from  1.297.344  in  1993  to 
1.529.096 in  1994. 

21 

TABLE 2A  trends in million tkm 

1993 

road (source Eurostat) 

964 000 

rail freight (source Eurostat) 

205.000 

% 

combined  transport 
- swap bodies, semi-trailers, 
rolling road (source UIRR) 

22 000 

- containers,  international by 

9 800 

rail (source ICF) 

- containers  inland 

waterways  (estimate) 

- containers,  national by rail 
( estimate) 

- short sea transport of units 

6 314 

9 278 

1994 

1061000 

220.000 

23 000 

11 800 

7 238 

9 934 

Total combined transport 

47 392 

51972 

Concerning table 2A: 
for  containers  by  inland  waterways  the distance  in tonne kilometres  (tkm)  is estimated  on 
the basis of the tonne's per container  in German Rhine ports of 6,3 ton and UIRR  distance 
in  national  transport  of  669  km  (1994).  The  same  distance  figure  is  used  for  national 
container  transports.  The ICF figures  comprise the distance travelled  in transport  relations 
with  CIS  (45  million  TEU-km  )  Instead  of  ton kilometers,  ICF  uses  TEU  kilometers.  In 
rail  transport  each  TEU/km  is counted  as  9 ton/km  (probably  fewer  empties  than  inland 
waterways).  Where  Eurostat  is  mentioned  in  the  table,  the  table  used  states:  "Source: 
Eurostat,  ECMT, estimates where data was missing".  For short sea transport of  unit  loads 
within the definition  of combined  transport,  no comparable figures  were  found. 

Transported  tonnages 

The  figures  available are very  limited.  However,  making  an effort  to  improve  them  does 
not seem to be  important. 
In combined  transport  of  swap  bodies,  semi-trailers  and  rolling-road  in  1994,  a  total  of 
32 662  670  tonnes  has been  transported.  These  figures  on swap bodies,  semi-trailers  and 
rolling-road  are  collected  by  UIRR.  They  include  EU  (15)  plus  Switzerland  and  Central 
and  East European countries.  For containers by  inland  waterways a tonnage of  2 977 000 
is mentioned  by  UINF.  This  figure  concerns  only containers  in German  Rhine ports.  For 
containers by rail or short sea,  no EU wide tonne figures  were available. 

22. 

ISSN 0254-1475 

COM(97) 372 final 

DOCUMENTS 

EN 

07  08  10 

Catalogue number  :  CB-CO-97-365-EN-C 

ISBN  92-78-22763-3 

Office  for  Official  Publications  of the European  Communities 

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