Proposal for a Council Directive amending Council Directive 96/53/EC, laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic
Date: 1998-07-10
Institutions: European Commission
Subjects: carriage of goods, combined transport, commercial vehicle, common transport policy, weight and size

19.8.98

EN

Official  Journal  of  the  European  Communities

C  261/13

Proposal  for  a  Council  Directive  amending  Council  Directive  96/53/EC,  laying  down  for
certain  road  vehicles  circulating  within  the  Community  the  maximum  authorised  dimensions  in
national  and  international  traffic  and  the  maximum  authorised  weights  in  international  traffic

(98/C  261/07)

(Text  with  EEA  relevance)

COM(1998)  414  final  -  98/0227(SYN)

(Submitted  by  the  Commission  on  10  July  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  75  thereof,

improved  to  encourage  the  transfer  of  goods  from  road
transport  to  modes  which  are  more  environmentally
friendly,  safer,  more  energy  efficient  and  cause 
less
congestion 
inland  waterways  and  maritime
transport  for  the  longer  part  of  the  journey;

like  rail, 

Having  regard  to  the  proposal  from  the  Commission,

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

Acting  in  accordance  with  the  procedure  set  out  in
Article  189c  of  the  Treaty,  in  cooperation  with  the
European  Parliament,

Whereas  Council  Directive  96/53/EC(cid:216)(˛)  prolongs  and
establishes  measures  concerning  the  maximum  authorised
weights  in  international  traffic  for  certain  road  vehicles;

the  existing  measures 

Whereas 
the
performance  and  the  competitive  position  of  combined
should  be
transport  have 

impact,  and 

favour  of 

insufficient 

in 

(˛)(cid:217)Council  Directive  96/53/EC  of  25  July  1996  laying  down
for  certain  road  vehicles  circulating  within  the  Community
the  maximum  dimensions 
international
traffic  and  the  maximum  authorised  weights  in  international
traffic  (OJ  L  235,  17.9.1996,  p.  59).

in  national  and 

Whereas  in  conformity  with  the  principle  of  propor(cid:220)
tionality  as  set  out  in  Article  3b  of  the  Treaty,  the  most
efficient  solution  to  improve  the  competitive  position  of
combined 
far  as  vehicle  weights  are
concerned,  without  distorting  competition  between  the
Member  States, 
amend  Council  Directive
96/53/EC;

transport  as 

to 

is 

Whereas  transporters  should  be  able  to  rely  on  the
option  of  using  a  maximum  authorised  vehicle  weight  of
44  tonnes  for  road  transport  as  part  of  a  combined
transport  operation  involving  the  carriage  of  different
transport  units 
the  whole  Community;  whereas
Member  States  can  require  three(cid:220)axle  motor  vehicles  in
this  case  to  prevent  extra  road  damage;

in 

Whereas  in  order  to  compensate  the  extra  weight  of  a
container  or  swap  body  and  at  the  same  time  in  order
that  the  use  of  a  two(cid:220)axle  tractor  should  not  lead  to  the
axle(cid:220)weight  limits  being  exceeded,  it  is  appropriate  that
in  such  a  case  a  maximum  vehicle  weight  of  42  tonnes
should  be  allowed,

HAS  ADOPTED  THIS  DIRECTIVE:

Directive  96/53/EC  is  amended  as  follows:

Article  1

1.(cid:217)The  following  indent  is  added  to  Article  2

"-(cid:217)""combined  transport’’  means  the  transport  of  goods  as  defined  in  Article  1  of  Council

Directive  92/106/EEC(cid:216)(*).

(*)(cid:217)Council  Directive  92/106/EEC  on  the  establishment  of  common  rules  for  certain  types
of  combined  transport  of  goods  between  Member  States,  (OJ  L  368,  17.12.1992,  p.  38,
as  amended  by  Council  Directive  .(cid:216).(cid:216).)’.

C  261/14

EN

Official  Journal  of  the  European  Communities

19.8.98

2.(cid:217)In  Article  6(5),  the  second  sentence  is  amended  to  read  as  follows:

"As  regards  vehicles  referred  to  in  points  2.2.1(c),  2.2.2(c)  and  2.2.2(d)  of  Annex  1,  the  entry
""44  tonnes’’  or  where  applicable  ""42  tonnes’’  shall  be  included  in  brackets  under  the
maximum  authorised  weight  of  the  vehicle  combination’.

3.(cid:217)In  Annex  1  a  new  point  2.2.1(c)  is  inserted:

"(c)(cid:217)three(cid:220)axle  motor 

vehicle  with
trailer  as  part  of  a

three(cid:220)axle 
combined  transport  operation.

twin 

44  tonnes  where  the  driving  axle  is  fitted
with 
tyres  and  air  suspension  or
suspension  recognised  as  being  equivalent
within  the  Community  as  defined  in  Annex
II,  or  where  each  driving  axle  is  fitted  with
twin  tyres  and  the  maximum  weight  of  each
axle  does  not  exceed  9,5  tonnes’.

4.(cid:217)Annex  1,  point  2.2.2(c),  is  amended  to  read  as  follows:

"(c)(cid:217)three(cid:220)axle  motor  vehicle  with  two  or
three(cid:220)axle  semi(cid:220)trailer  as  part  of  a
combined  transport  operation

44  tonnes’.

5.(cid:217)In  Annex  I  a  new  point  2.2.2(d)  is  inserted:

"(d)(cid:217)two(cid:220)axle  motor 

vehicle  with
three(cid:220)axle  semi(cid:220)trailer  as  part  of  a
combined  transport  operation

twin 

42  tonnes  where  the  driving  axle  is  fitted
with 
tyres  and  air  suspension  or
suspension  recognised  as  being  equivalent
within  the  Community  as  defined  in  Annex
II,  or  where  each  driving  axle  is  fitted  with
twin  tyres  and  the  maximum  weight  of  each
axle  does  not  exceed  9,5  tonnes’.

1.(cid:218)(cid:217)Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions
necessary  to  comply  with  this  Directive  by  1  July  2000.  They  shall  immediately  inform  the
Commission  thereof.

Article  2

2.(cid:218)(cid:217)When  Member  States  adopt  these  measures,  they  shall  contain  a  reference  to  this
Directive  or  shall  make  such  a  reference  on  the  occasion  of  their  official  publication.  Member
States  shall  lay  down  the  methods  of  marking  such  a  reference.

3.(cid:218)(cid:217)Member  States  shall  communicate  to  the  Commission  the  provisions  of  domestic  law
which  are  in  force  or  which  they  adopt  in  the  field  covered  by  this  Directive.

The  present  Directive  shall  enter  into  force  on  the  20th  day  after  its  poublication  in  the  Official
Journal  of  the  European  Communities.

Article  3

This  Directive  is  addressed  to  the  Member  States.

Article  4