Proposal for a Directive of the European Parliament and of the Council on Intermodal Loading Units
Date: 2003-04-08
Institutions: European Commission
Subjects: combined transport, common transport policy, container, harmonisation of standards, load, transport policy

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 07.04.2003
COM(2003) 155 final

2003/0056 (COD)

COMMUNICATION FROM THE COMMISSION

Programme for the Promotion of Short Sea Shipping

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on Intermodal Loading Units

(presented by the Commission)

COMMUNICATION FROM THE COMMISSION

Programme for the Promotion of Short Sea Shipping

1.

INTRODUCTION

In September 2001 the Commission presented its “White Paper on European Transport Policy
for  2010:  time  to  decide”1.  The  Paper  sets  a  number  of  ambitious  targets  to  ensure
competitiveness and sustainability of mobility also in 2010. Short Sea Shipping is an obvious
choice to play a key role in reaching these targets. It can help curb the 50 % increase in heavy
goods vehicle traffic forecasted in the Paper, it can help rebalance the modal split, bypass land
bottlenecks, and it is safe and sustainable.

The political conviction that Short Sea Shipping is a priority for the European Union was also
reconfirmed in the informal meeting of the European Union Transport Ministers in June 2002
in Gijón, Spain.

2.

SHORT SEA SHIPPING IS A GROWTH INDUSTRY

Already today Short Sea Shipping is highly successful and it is the only mode that has proved
able to keep up with the growth of road transport. It performs 41% of all tonne-kilometres in
Europe while the share of  road transport is 43%2.  Its  growth rate  is above  that of European
Union  industrial  production  and  its  tonne-kilometre  performance  grew  by  up  to  38%  in  the
1990’s as compared to 40% growth in road transport (See Figure 1).

Freight Transport Modes (Tonne-km Growth in %)

150

140

130

120

%

110

100

90

80

70

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

Road

SSS

IWW

Rail

Year

Figure 1:

Tonne-kilometre  growth  1990-2000  in  percent  in  road,  Short  Sea  Shipping,
inland waterways and rail.3

1

2

3

COM(2001) 370, 12.9.2001.
Data  for  the  year  2000,  excluding  pipelines.  Source:  EU  Energy  and  Transport  in  Figures:  Statistical
Pocketbook 2002.
Main data source: EU Energy and Transport in Figures: Statistical Pocketbook 2002.

2

                                                
3.

HOW CAN WE MAKE SHORT SEA SHIPPING EVEN MORE SUCCESSFUL?

To  fully  utilise  Short  Sea  Shipping  in  Europe,  it  needs  to  be  successfully  integrated  into
logistics chains and  offer  seamless  door-to-door  operations.  Such  logistics  chains  should  be
managed  and  commercialised  by  single  commercial  entities,  so-called  “one-stop  shops”.
These companies should offer customers a single contact point that takes responsibility for the
whole  intermodal  chain.  Furthermore,  the  notion  of  competition  between  modes  should  be
replaced by complementarity because co-operation between modes is vital in chains involving
more than one mode.

Full  integration  of  Short  Sea  Shipping  into  intermodal  door-to-door  supply  chains  still
remains to be achieved. This is primarily for the industries to accomplish, but efforts at other
levels  can  help  the  process  and  alleviate  the  framework  obstacles  that  hinder  Short  Sea
Shipping from developing faster:

(cid:1)  It has not yet fully shed its past image as an old-fashioned industry;

(cid:1)  It involves complex administrative and documentary procedures;

(cid:1)  It requires enhanced port efficiency;

(cid:1)  It needs new advanced technological solutions for ships, ports, loading units and telematics

networks.

A  number  of  Community  actions  have  already  been  taken  or  are  envisaged  to  alleviate  the
obstacles and reinforce Short Sea Shipping in Europe. Among them one can mention:

(cid:1)  Adoption  of  a  Directive  standardising  certain  reporting  formalities  for  ships  to  arrive  in

and/or depart from ports in the Member States4;

(cid:1)  Proposal for a new support programme “Marco Polo”5;

(cid:1)  Proposal for a Directive on intermodal loading units6;

(cid:1)  Introduction of the “Motorways of the Sea” approach in the Commission White Paper on

European Transport Policy for 2010;

(cid:1)  Proposal for a Directive on market access to port services7;

A major source of Short Sea Shipping data 1995-2000 was the input given by 22 member ports of the
European  Sea  Ports  Organisation  (ESPO):  Antwerp,  Barcelona,  Bilbao,  Bremen,  Dublin,  Dunkerque,
Genoa, Gdynia, Gothenburg, Hamburg, Helsinki, Kokkola, La Spezia,  Lisbon,  Lübeck, Oslo, Piraeus,
Pori, Rotterdam, Savona Vado, Sczecin and Valencia. The Commission would like to thank these ports
for their valuable contribution and ESPO for co-ordinating the exercise.
Directive 2002/6/EC of the European Parliament and of the Council of 18 February 2002 on reporting
formalities for ships arriving in and/or departing from ports of the Member States of the  Community,
OJ L 67, 9.3.2002, p. 31.
Proposal for a Regulation of the European Parliament and of the Council on the granting of Community
financial  assistance  to  improve  the  environmental  performance  of  the  freight  transport  system,
COM(2002) 54 final, 4.2.2002.
Annexed to this Communication.
Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  on  market  access  to  port
services, COM(2001) 35 final, 13.2.2001, as amended by COM(2002) 101 final, 19.2.2002.

4

5

6

7

3

                                                                                                                                                        
(cid:1)  Publication of a Guide to Customs Procedures for Short Sea Shipping8;

(cid:1)  Introduction of the New Computerised Transit System (NCTS) in Customs transit;

(cid:1)  Customs 2002 and 20079 programmes and the project RALFH10 funded under the Customs

2002 programme;

(cid:1)  Further development of telematics networks for ports and Short Sea Shipping.

4.

WHY A PROGRAMME FOR PROMOTION?

The achievement of the objectives of the White Paper will require intensified efforts from all
parties to  increase  the  use  of  Short  Sea  Shipping.  Furthermore,  the  informal  meeting  of  the
European  Union  Transport  Ministers  in  June  2002  in  Gijón  discussed  the  possibility  of  an
action plan on the key issues for developing the political priority given to Short Sea Shipping.
The Commission believes that such an initiative is warranted.

This  Communication  presents  a  Programme  that  has  the  objective  of  promoting  Short  Sea
Shipping.  It  consists  of  14  individual  actions  subdivided  into  measures.  The  measures
mention  the  responsible  actors  and  timetable.  The  actions  can  be  divided  into  legislative,
technical and operational as follows:

A. Legislative Actions

1.

2.

3.

4.

5.

Implementation of the Directive on certain reporting formalities for ships to arrive in
and/or depart from ports in the Member States (IMO-FAL),

Implementation of Marco Polo,

Standardisation and harmonisation of intermodal loading units,

Motorways of the Sea,

Improving the environmental performance of Short Sea Shipping.

B. Technical Actions

6.

7.

8.

8

9

10

Guide to Customs Procedures for Short Sea Shipping,

Identification  and  elimination  of  obstacles  to  making  Short  Sea  Shipping  more
successful than it is today,

Approximation of national applications and computerisation of Community Customs
procedures,

Commission  Staff  Working  Paper:  Guide  to  Customs  Procedures  for  Short  Sea  Shipping,  SEC(2002)
632, 29.5.2002.
Decision No 253/2003/EC of the European Parliament and of the Council of 11 February 2003 adopting
an action programme for customs in the Community (Customs 2007), OJ L 36, 12.2.2003, p. 1.
RALFH = Contact Group of Customs Managers of Northern Ports in the European Union: Rotterdam,
Antwerp,  Le  Havre,  Felixstowe  and  Hamburg.  The  project  aims  to  improve  practical  Customs  co-
operation between ports.

4

                                                
9.

Research and Technological Development.

C. Operational Actions

10.

11.

12.

13.

14.

One-stop administrative shops,

Ensuring the vital role of Short Sea Shipping Focal Points11,

Ensuring good functioning of and guidance to Short Sea Promotion Centres12,

Promote the image of Short Sea Shipping as a successful transport alternative,

Collection of statistical information.

* * * * *

11

12

Short  Sea  Shipping  Focal  Points  are  representatives  of  national  maritime  administrations.  They  are
responsible for Short Sea Shipping in their administrations.
Short  Sea  Promotion  Centres  (SPCs)  or,  in  other  words,  national  Short  Sea  Shipping  Promotion
Bureaux are industry-driven, impartial bodies promoting Short Sea Shipping.

5

                                                
PROGRAMME FOR THE PROMOTION OF
SHORT SEA SHIPPING

6

PROGRAMME FOR THE PROMOTION OF SHORT SEA SHIPPING

ACTION SHEET 1

IMO FAL

To  simplify  the  burden  of  documentary  and  administrative  procedures,  the  European
Parliament and  the  Council  adopted  in  December  2001  the  Commission  proposal  aiming  to
standardise certain reporting formalities for ships to arrive in and/or depart from ports in the
Member States (so-called IMO FAL Directive13). The Directive is a direct result of the work
to solve identified bottlenecks. It requires the Member States to accept the standard IMO FAL
forms when the relevant  arrival/departure information  for  a ship can  be  obtained  with  these
forms. This means that the multitude of different national forms is now being replaced by one
common set of forms. The Directive will have practical effect as of 9 September 2003 at the
latest  by  which  time  the  Member  States  will  have  to  have  brought  into  force  the  laws,
regulations and administrative provisions necessary to comply with it.

FORESEEN MEASURES

1.

2.

3.

Follow  up  and  ensure  compliance  with  the  Directive  as  well  as  its  proper
functioning.

Responsible Actors: Commission services and Member States.

Deadline:

First stage: by 9 September 2003, then: continuous.

Simplify  the  transfer  into  the  new  framework  by  providing  on  the  Commission’s
public Short Sea Shipping Internet site14 IMO FAL forms that are accessible to all
and  that  can  be  downloaded,  filled  in  on  the  computer  and/or  printed  out  for
immediate use.

Responsible Actors: Commission services.

Deadline:

By mid-2003.

Inform  shipowners,  agents  and  other  relevant  parties  of  the  possibilities  offered  by
the Directive.

Responsible Actors: Commission  services,  Member  States,  industry  associations,

        Focal Points and SPCs.

Deadline:

By 9 September 2003.

13

14

See footnote 4.
http://europa.eu.int/comm/transport/maritime/sss/index_en.htm.

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PROGRAMME FOR THE PROMOTION OF SHORT SEA SHIPPING

ACTION SHEET 2

MARCO POLO

One main instrument for giving support to the start-up phase of Short Sea Shipping projects in
the  Community  was  the  programme  “Pilot  Actions  for  Combined  Transport”  (PACT).  It
proved to be beneficial to Short Sea Shipping which received a fair share of the annual PACT
funding.

The PACT programme expired at the end of 2001. The European Commission proposed15 in
February 2002 a successor to it. The new “Marco Polo” programme  will make a substantial
contribution  to  converting  intermodality  into  a  reality  in  Europe.  With  its  foreseen  annual
budget of €18,75 million 16, it aims to contribute to shifting 12 billion tonne-kilometres a year
from  road  to  Short  Sea  Shipping,  rail  and  inland  waterways.  The  Council  of  the  European
Union reached a political agreement on the proposal in December 2002.

The Motorways of the Sea (cf. Action  Sheet No. 4), as  a new  key  initiative, should be  in a
position  to  fully  benefit  from  the  Marco  Polo  programme  as  far  as  the  starting  up  of  new
services is concerned.

FORESEEN MEASURES

1.

2.

Make Marco Polo operational as of 2003, which will allow funding of innovative and
important Short Sea Shipping projects.

Responsible Actors: Commission services, Parliament, Member States and industry.

Deadline:

Annual, until 2010 (budget foreseen initially for 4 years).

Utilise  fully  the  possibilities  offered  by  Marco  Polo  support  to  start  up  viable  and
operational Short Sea Shipping services on or outside the Motorways of the Sea.

Responsible Actors: Commission services and industry.

Deadline:

Annual, until 2010 (budget foreseen initially for 4 years).

15

16

See footnote 5.
Budget foreseen for 1.1.2003 - 31.12.2006.

8

                                                
PROGRAMME FOR THE PROMOTION OF SHORT SEA SHIPPING

ACTION SHEET 3

INTERMODAL LOADING UNITS

The  improvement  of  intermodal  loading  units  (containers  and  swap-bodies)  is  one  of  the
measures  put  forwards  in  the  White  Paper  on  European  Transport  Policy  for  2010.  The
current multitude of different configurations of these units creates friction costs and delays in
handling  operations  between  modes.  This  should  be  overcome  by  harmonising  certain
handling characteristics of loading units, such as the top or bottom corner fittings or steering
tunnels. Furthermore, swap bodies are generally not stackable and, therefore, not suitable for
maritime transport. On the other hand, containers do not fully utilise the allowable dimensions
in road transport17. Standardising a European loading unit that would combine the stackability
of a container with the pallet-wide cargo space of a swap body could offer a solution.

The Commission has examined intermodal loading units and attaches a legal proposal to this
Communication.  The  proposal  benefits  maritime  transport,  because  it  helps  decrease  the
friction costs in port handling and lets Short Sea Shipping acquire a larger share of the swap
body market which has so far been confined to land transport.

FORESEEN MEASURES

1.

Adopt the proposal on interoperability of intermodal loading units and implement it
as soon as possible.

Responsible Actors: Member States, Parliament and industry.

Deadline:

First stage by 2004. Continuous thereafter.

17

Cf. Council Directive 96/53/EC of 25 July 1996 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,  OJ  L  235,  17.9.1996,  p.  59,  as  subsequently
corrected and amended.

9

                                                
PROGRAMME FOR THE PROMOTION OF SHORT SEA SHIPPING

ACTION SHEET 4

MOTORWAYS OF THE SEA

The  Commission  presented  the  notion  of  “Motorways  of  the  Sea”  in  its  White  Paper  on
European Transport Policy. These Motorways should alleviate major land bottlenecks in the
European transport system and enhance the logistics integration of Short Sea Shipping.

Sea  Motorways  should  make  it  possible  to  bypass  land  bottlenecks  in  Europe  as  part  of
comprehensive door-to-door logistics chains. Obvious examples of the bottlenecks would be
the  Alps  and  Pyrenees.  Bypassing  these  natural  bottlenecks  by  Short  Sea  Shipping  would
have an impact  both on  the Mediterranean  and countries north  of  the  mountain  ranges.  The
value of including other, man-made bottlenecks is being assessed.

Motorways of the Sea should offer  efficient, regular and frequent services that  can  compete
with road, for instance, in terms of transit time and price. Ports connected to the Motorways
should  have  adequate  hinterland  connections  and  offer  a  high  level  of  service  to  short-sea
customers  (including  smooth  administrative  procedures).  Telematics 
interconnections
between  ports,  on  the  one  hand,  and  ship’s  communication  systems  (such  as  Vessel  Traffic
Management  and  Information  Systems  -  VTMIS),  on  the  other,  should  be  extended  and
become interoperable to integrate locally distributed systems into a European network.

Cost estimates seem to indicate that the establishment of new regular shipping links would be
considerably less costly than the construction of corresponding new land infrastructure.

The  Commission  is  currently  working  on  the  details  of  the  Motorways  of  the  Sea.  One
opportunity to present the details would obviously be the next revision of the Trans-European
Transport Network (TEN-T) Guidelines18 by the end of 2003. This revision is currently being
prepared  by  a  High-Level  Group  composed  of  representatives  of  the  Member  States  and
accession countries and chaired by Mr Karel Van Miert, former Commissioner for Transport
and Commission Vice-President.

Once  finalised,  the  framework  of  the  TEN-T  could  contribute  to  infrastructure  investments
related  to  the  Sea  Motorways,  such  as  port  infrastructure  and  port-hinterland  connections.
Furthermore, the new Marco Polo programme (cf. Action Sheet No. 2) could support starting
up  new  services  on  the  Motorways  provided  that  they  meet  the  requirements  of  the
programme.

FORESEEN MEASURES

1.

18

Finalise  deliberations  on  the  Motorways  of  the  Sea  to  make  adherence  to  them
attractive to the market players with a view to fulfilling the objectives of the White
Paper.

Responsible Actors: Commission services, Member States and industry.

Deadline:

By mid-2003.

Decision  No  1692/96/EC  of  the  European  Parliament  and  of  the  Council  of  23  July  1996  on
Community  guidelines  for  the  development  of  the  Trans-European  Transport  Network,  OJ  L  228,
9.9.1996, p. 1, as amended by Decision No. 1346/2001/EC, OJ L 185, 6.7.2001, p. 1.

10

                                                
PROGRAMME FOR THE PROMOTION OF SHORT SEA SHIPPING

ACTION SHEET 5

IMPROVING THE ENVIRONMENTAL PERFORMANCE OF SHORT SEA SHIPPING

Maritime transport has a much higher energy-efficiency than other modes of transport and is,
in  general,  less  harmful  to  the  environment  than  other  modes  of  transport  per  tonne  or
passenger  carried.  A  modal  shift  to  Short  Sea  Shipping  could,  for  instance,  constitute  an
important element in the Community strategy to fulfil the Kyoto obligations19.

The  good  environmental  performance  of  shipping  is,  however,  hampered,  in  particular,  by
sulphur dioxide (SO2) emissions that are significantly higher than in other modes.
The  IMO  Conference  in  September  1997  adopted  new  measures  to  reduce  sulphur  oxide20
emissions  from  ship  exhausts  (new  Annex  VI  to  MARPOL  73/78).  The  Conference  also
adopted  provisions  allowing  the  establishment  of  special  “SOx  Emission  Control  Areas”
where  lower  emission  levels  would  apply.  The  Baltic  Sea,  North  Sea  and  English  Channel
have been designated as such areas21. The ratification process of the new Annex has not been
completed yet, and the new measures have not entered into force world-wide.

In November 2002 the Commission presented a proposal for a directive to reduce the sulphur
content  of  marine  fuels  used  in  the  European  Union22.  The  proposal  is  partly  based  on  the
“SOx Emission Control Areas” established under Annex VI to MARPOL 73/78 but also goes
further than that. Nevertheless, the proposal is part of a wider European strategy to ensure that
maritime transport will be even less harmful to the environment than it is today.23

FORESEEN MEASURES

1.

Improve  the  environmental  performance  of  Short  Sea  Shipping  by  backing  up  and
following the strategy that the Commission has presented, including the adoption and
implementation of the legal proposal to reduce the sulphur content of marine fuels.

Responsible Actors: Commission  services,  Member  States,  Parliament  and

        industries.

Deadline:

First results by 2005. Continuous thereafter.

19

20

21

22

23

The European Community and the Member States ratified the Kyoto Protocol in May 2002.
The sulphur content of fuel oil used on board ships must not exceed 4,5% m/m.
The  sulphur  content  of  fuel  oil  used  on  board  ships  must  not  exceed  1,5%  m/m.  Alternatively,  ships
must use other technological methods to limit SOx emissions.
Proposal for a Directive of the European Parliament and of the Council amending Directive 1999/32/EC
as regards the sulphur content of marine fuels, COM(2002) 595 final, 20.11.2002.
Communication from the Commission to the European Parliament and the Council: A European Union
strategy to reduce atmospheric emissions from seagoing ships, COM(2002) 595 final, 20.11.2002.

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PROGRAMME FOR THE PROMOTION OF SHORT SEA SHIPPING

ACTION SHEET 6

Guide to Customs Procedures for Short Sea Shipping

People’s  immediate  reaction  to  Customs  procedures  is  that  they  are  too  complicated  and
decrease  the  attractiveness  of  Short  Sea  Shipping.  But  this  reaction  is  too  general  to  be
satisfactory  or  lead  to  concrete  improvements.  In  order  to  find  operational  solutions,  it  is
imperative to identify the specific elements that might cause problems.

For  this  purpose,  the  Commission  Services  published,  in  May  2002,  a  Guide  to  Customs
Procedures for Short Sea Shipping24. It has a dual purpose:

(cid:1)  It  outlines  the  Customs  rules  for  Short  Sea  Shipping,  including  opportunities  for  using

simplified procedures;

(cid:1)  It gives a concise basis for identifying possible concrete needs for modifications or further

simplifications.

FORESEEN MEASURES

1.

2.

Carry out consultations with the industry, Short Sea Shipping Focal Points and Short
Sea  Promotion  Centres  (SPCs)  on  the  Guide  to  Customs  Procedures  for  Short  Sea
Shipping. Based on the results of the consultations, examine whether amendments to
the  Customs  rules  may  be  undertaken  or  whether  some  issues  could  be  addressed
under  the  initiatives  to  approximate  national  applications  of  Community  Customs
rules and improve co-operation between national Customs services (cf. Action Sheet
No. 8, measure 1).

Responsible Actors: Commission services.

Deadline:

By second half of 2003.

Clarify  the  extent  to  which  simplification  opportunities  offered  by  the  current
Customs  rules  are  utilised  (in  particular,  those  for  authorised  regular  shipping
services and authorised consignors/consignees). If the current simplification regimes
are not utilised, identify the reasons and study eventual modifications to the Customs
rules. Assess technical measures to render Customs facilities simpler.

Responsible Actors: Commission services, industry, Focal Points and SPCs.

Deadline:

By second half of 2003.

24

See footnote 8.

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PROGRAMME FOR THE PROMOTION OF SHORT SEA SHIPPING

ACTION SHEET 7

IDENTIFICATION AND ELIMINATION OF OBSTACLES TO MAKING SHORT SEA SHIPPING
MORE SUCCESSFUL THAN IT IS TODAY

As from December 1999 the Commission has been collecting a list of obstacles that hamper
the  development  of  Short  Sea  Shipping.  This  “bottleneck  exercise”  also  contains  ideas
towards possible solutions to the obstacles as well as best practices.

The identified obstacles can be classified into five categories:

(cid:1)  Short Sea Shipping has not yet fully shed its past image of an old-fashioned industry;

(cid:1)  It has not yet achieved full integration in the intermodal logistics chain;

(cid:1)  It involves complex administrative and documentary procedures;

(cid:1)  It requires enhanced port efficiency;

(cid:1)  Application of the rules and procedures differs between countries.

Some  of  the  obstacles  are  already  being  tackled  (e.g.  uniformity  of  ships’  reporting  forms,
port efficiency and costs, and standardisation of loading units). In general, the identified and
alleged obstacles are being tackled at various levels: EU, Member State, regional and local.

FORESEEN MEASURES

1.

2.

3.

Scrutinise  the  identified  obstacles  systematically,  item  by  item,  with  a  view  to
eliminating them.

Responsible Actors: Commission  services  with  Focal  Points  and  SPCs 

in

        co-operation with the Member States and industry.

Deadline:

By the end of 2003.

Identify  any  further  obstacles  that  hamper  the  development  of  Short  Sea  Shipping
and work towards finding solutions to them.

Responsible Actors: Commission services, Focal Points, industry and SPCs.

Deadline:

Continuous.

Increase  the  efficiency of port  services by adopting the proposal  for  a  Directive on
market access to port services25 and implementing it as soon as possible.

Responsible Actors: Member States, Parliament and industries.

Deadline:

First results by the end 2003. Continuos thereafter.

25

See footnote 7.

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PROGRAMME FOR THE PROMOTION OF SHORT SEA SHIPPING

ACTION SHEET 8

APPROXIMATION OF NATIONAL APPLICATIONS AND COMPUTERISATION OF COMMUNITY
CUSTOMS PROCEDURES

Customs procedures are an important part of Short Sea Shipping because a ship sailing from
an EU port to another leaves the Community Customs territory only to enter it again when it
arrives at the other port. The goods it carries normally lose their Community status unless this
status is demonstrated by means of a status document or maintained under a transit procedure.
This is an additional burden on Short Sea Shipping in comparison with land transport where
corresponding loss of Community status does not normally occur between EU Member States
provided there is no passage via a third country.

The current movement towards electronic transmission of Customs data (e-Customs)  should
help Short Sea Shipping by speeding up and simplifying the procedures that are necessary for
declaring the cargo.

As one of the first steps in e-Customs, some 3000 Customs offices in 22 countries will soon
implement the New Computerised Transit System (NCTS) whereby the paperwork relating to
transport  under  the  single  administrative  document  (SAD)  will  be  replaced  by  electronic
messages.  As  a  second  step,  the  system  could,  in  the  future,  also  extend  to  movements
currently  carried  out  under  the  simplified  transit  procedures  for  modes  of  transport  and
gradually become the backbone of e-Customs.

FORESEEN MEASURES

1.

Approximate  national  applications  of  Community  Customs  rules  and  improve  co-
operation  between  national  Customs  services,  in  particular  through  the  action
programme  for  Customs  in  the  Community  (Customs  2007)  and  contact  group  of
northern ports (RALFH).26

Responsible Actors: Commission services and Member States.

Deadline:

Continuous.

2.

Introduce the NCTS for Community and common transit procedures.

Responsible Actors: Commission services and Member States.

Deadline:

By mid-2003.

3.

Continue legislative moves towards enabling the use of electronic rather than paper
submissions  towards  the  creation  of  a  non-bureaucratic  environment  that  limits  the
use of paper documents to the minimum.

Responsible Actors: Commission services and Member States.

Deadline:

Continuous.

26

See footnotes 9 and 10.

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PROGRAMME FOR THE PROMOTION OF SHORT SEA SHIPPING

ACTION SHEET 9

RESEARCH AND TECHNOLOGICAL DEVELOPMENT (RTD)

The  Community  continuously  carries  out  RTD  actions  to  advance  Short  Sea  Shipping  and
port  procedures  in  line  with  the  latest  technological  innovations.  The  objectives  of  this
research  have  been,  for  instance  to  improve  the  quality,  safety,  security  and  environmental
performance of maritime transport. Recently a Thematic Network for Short Sea Shipping was
established with the aim to carry out work on topics that are of direct policy importance.

FORESEEN MEASURES

1.

Carry out under a Thematic Network for Short Sea Shipping tasks that are of direct
policy importance for Short Sea Shipping:

–  A comparative study of door-to-door transport prices between modes;

–  A  comparative  study  of  door-to-door  environmental  performance  of  Short  Sea

Shipping in relation to other modes;

–  Establishment of a distance matrix for easy conversion of available tonne data on
Short Sea Shipping into tonne-kilometres (in co-ordination with the ongoing work
in Eurostat).

Responsible Actors: The  chosen  consortium  in  co-ordination  with  Commission

        services.

Deadline:

Until 2005.

2.

Utilise the 6th Framework Programme for RTD to develop:

–  Innovations in ship design (in particular fast ro-ro ships and new types of fast lo-

lo ships but also other ship options);

–  Innovations in port technologies;

–  Dedicated equipment and technologies for Short Sea Shipping;

–  New technological solutions for administrative procedures.

Responsible Actors: Commission services.

Deadline:

By 2007.

3.

Disseminate  concrete  results  of  maritime  RTD  projects  to  a  wide  public  in  a  clear
and understandable way.

Responsible Actors: Commission services.

Deadline:

Continuous.

15

PROGRAMME FOR THE PROMOTION OF SHORT SEA SHIPPING

ACTION SHEET 10

ONE-STOP ADMINISTRATIVE SHOPS

Action should be taken at administrative level in Member States and ports to create “one-stop
administrative shops”27 that would further simplify and speed up the formalities relating to the
arrival, departure and clearance of ships. This must be done without compromising safety or
security.

One-stop administrative shops could take several forms. The number of different authorities
boarding every ship could be limited by delegating the task of carrying out certain formalities
to  another  administration,  the  port  administration  or  ship’s  agent,  as  is  the  case  in  some
Member States.  Furthermore,  instead of having  administrations  spread  around  the  port  area,
or  even  in  neighbouring  ports,  there  should  be  a  single  contact  point  in  each  port  area  for
ships to fulfil all the necessary formalities or at least a help-desk giving information on which
formalities to fulfil, how best to  do  it and  where  to  do  it.  In  any  case,  controls  by  different
control bodies need co-ordinating so as to reduce, as much as possible, their interference with
ship’s operations.

In  addition  to  speeding  up  the  formalities  for  ships,  these  one-stop  administrative  shops
should also assist in stepping up the formalities relating to hinterland transport (road, rail and
inland waterways) into and out of the port area.

The  use  of  electronic  means  of  communication,  using  standardised  messages,  between  the
ship and authorities should be urgently developed. This usage should be extended to cover the
whole  logistics  chain,  as  would  be  the  case  for  security-related  procedures  (cf.  also  Action
Sheets Nos. 4 and 8).

FORESEEN MEASURES

1.

2.

Promote the idea of one-stop administrative shops in ports to reduce, or at least co-
ordinate,  the  number  of  administrations  boarding  and  checking  every  ship  and  to
offer port users a single contact point or help-desk for administrative formalities.

Responsible Actors: Commission  services,  Member  States,  Port  Authorities  and

        Focal Points.

Deadline:

Continuous.

Examine the opportunities offered by the Motorways of the Sea (cf. Action Sheet No.
4) introduced in the White Paper to advance these one-stop administrative shops.

Responsible Actors: Commission services.

Deadline:

By the end of 2003.

27

Such “one-stop administrative shops” are sometimes called “single windows”.

16

                                                
PROGRAMME FOR THE PROMOTION OF SHORT SEA SHIPPING

ACTION SHEET 11

ENSURING THE VITAL ROLE OF SHORT SEA SHIPPING FOCAL POINTS

All  maritime  Member  States  and  Norway  and  Iceland  have  appointed  so-called  Short  Sea
Shipping  Focal  Points  who  are  government  officials  with  the  specific  responsibility  of
promoting and developing Short Sea Shipping in their Member States. Since 1999 they have
networked at European level to monitor needs and provide ideas and solutions to foster Short
Sea  Shipping.  The  Focal  Points  have  regular  meetings  that  are  chaired  by  the  Commission.
The Commission also provides the Secretariat for the meetings and an Internet-based web tool
(CIRCA28) to share information and ideas between meetings. With a view to the enlargement
of the European Union, the accession countries Estonia, Lithuania, Poland and Slovenia (and
the  candidate  country  Turkey)  have  appointed  corresponding  contact  persons  for  Short  Sea
Shipping and participate in the work of the Focal Points’ Group as observers.

FORESEEN MEASURES

1.

2.

Ensure  continuous  co-operation  between  the  Short  Sea  Shipping  Focal  Points  and
with  the  Commission  by  organising  regular  meetings  and  maintaining  the  flow  of
information between meetings via the Internet-based web tool (CIRCA).

Responsible Actors: Commission services and Focal Points.

Deadline:

Continuous.

Ensure the attachment of accession countries to the work of the Focal Points for them
to  attribute  key  importance  to  Short  Sea  Shipping  from  the  beginning  instead  of
putting unilateral importance on road transport.

Responsible Actors: Commission services with Focal Points and SPCs.

Deadline:

As soon as possible.

28

CIRCA = Communication and Information Resource Centre Administrator.

17

                                                
PROGRAMME FOR THE PROMOTION OF SHORT SEA SHIPPING

ACTION SHEET 12

ENSURING GOOD FUNCTIONING OF AND GUIDANCE TO SHORT SEA PROMOTION CENTRES

Almost  all  maritime  Member  States  and  Norway  and  Poland  have  national  Short  Sea
Promotion  Centres  (SPCs).  These  Centres  are  driven  by  business  interests  and  offer  a
practical  tool  to  promote  Short  Sea  Shipping  at  national  level.  They  are  essentially
independent  from  specific  interest  groups,  such  as  shipping  companies  and/or  ports,  and
advise  and  encourage  transport  users  to  use  Short  Sea  Shipping.  The  national  Centres  are
presently  being  networked  in  the  European  Short  Sea  Network  (ESN)29  which  offers  a
common  tool  for  European  promotion.  Through  networking,  the  Centres  are  also  able  to
exchange information and best practises and provide practical advice to cover both ends of a
short-sea  journey.  The  Commission  strongly  supports  these  Centres,  their  work  and  their
networking.

FORESEEN MEASURES

1.

2.

3.

4.

Ensure  good  functioning  of  the  Short  Sea  Promotion  Centres  and  their  European
Short  Sea  Network  and  guide  their  work  towards  concrete  and  practical  ways  to
enhance the use of Short Sea Shipping.

Responsible Actors: Commission services in co-operation with SPCs.

Deadline:

Continuous.

Award  political,  practical  and  financial  support  to  the  work  of  the  Short  Sea
Promotion Centres and their European network.

Responsible Actors: Commission  services,  Focal  Points,  national  authorities  and

        industry.

Deadline:                 For  general  support  and  private  financing:  Continuous.
        For  public  financial  support:  Until  the  Centres  reach  self-
        sufficiency  through  membership  fees  and  other  private
        funding.

Extend the geographical coverage of national Short Sea Promotion Centres to cover
not only the EU Member States in the short-sea area but also the accession countries.

Responsible Actors: Commission services, Focal Points and SPCs.

Deadline:

As soon as possible.

Provide  and  share  the  responsibility  of  maintaining  an  Internet-based  web  tool
(CIRCA30)  for  the  exchange  of  information  between  the  members  of  the  European
Short Sea Network and with the Commission services.

Responsible Actors: Commission services and SPCs.

Deadline:

Continuous.

29

30

See www.shortsea.info.
See footnote 28.

18

                                                
PROGRAMME FOR THE PROMOTION OF SHORT SEA SHIPPING

ACTION SHEET 13

PROMOTE THE IMAGE OF SHORT SEA SHIPPING AS A SUCCESSFUL TRANSPORT
ALTERNATIVE

One major action to enhance the use of Short Sea Shipping is to convert its image from that of
an old-fashioned and slow mode to modern reality: that of a dynamic link in the door-to-door
supply  chain.  Today  Short  Sea  Shipping  can  generally  offer  speed,  reliability,  flexibility,
regularity,  frequency,  and  cargo  safety  to  a  high  degree.  Transport  users  should  be  better
aware of this when making decisions on the choice of the mode.

To  accomplish  this  conversion,  Short  Sea  Shipping  services  need  to  live  up  to  the  modern
dynamic image, on  the one hand, and  awareness needs to  be  increased, in particular  among
shippers, of the opportunities that Short Sea Shipping can offer, on the other. This is primarily
for the relevant industries to accomplish. However, also administrations and the Commission
can substantially contribute.

It should also be remembered that Short Sea Shipping does not cover only freight but moves
hundreds of millions of passengers every year in Europe both on regular lines and cruises. For
this,  Short  Sea  Shipping  needs  to  offer  high  level  of  passenger  service  both  in  ports  and
onboard the ships.

FORESEEN MEASURES

1.

2.

3.

31

32

Make  Short  Sea  Shipping  and  its  modern  potential  known  through  distribution  of
information on the mode and participation  in conferences, seminars  and workshops
that attract also transport users. Award substantial resources to public presentations.

Responsible Actors: Commission services, Focal Points, industry and SPCs.

Deadline:

Continuous.

Provide  updated  neutral  information  on  Short  Sea  Shipping  policy  to  the  public
through the Internet, including further development of existing web sites.
Responsible Actors: Commission services31, Focal Points, SPCs32.

Deadline:

Continuous.

Provide examples of Short Sea Shipping Success Stories (and failures to learn from)
through the Commission’s Short Sea Shipping Internet site.

Responsible Actors: Commission services.

Deadline:

Continuous.

See footnote 14.
See  the  ESN  web  site  www.shortsea.info  and  national  SPCs’  web  sites  (accessible  through  the  ESN
web site). This exercise includes an on-going compilation of European databases for liner shipping and
tramp vessels.

19

                                                
PROGRAMME FOR THE PROMOTION OF SHORT SEA SHIPPING

ACTION SHEET 14

COLLECTION OF STATISTICAL INFORMATION

European-wide statistics on Short Sea Shipping trade have not been sufficiently detailed. The
European Sea Ports Organisation (ESPO) and 22 of its member ports33 have been providing
statistical data to the Commission. The Commission is grateful to these ports and ESPO for
co-ordinating the exercise. The method of using a sample of 15 European ports was already
tested and proved to be sufficiently reliable in the Commission Communication of 1999.

The  situation  will  improve  over  time  because  the  Council  Directive  on  maritime  statistics34
has now fully come into effect as of year 2000 (due to requested derogations, the 1997-1999
data  may  not  be  complete).  There  are  about  350  ports  providing  detailed  data  under  the
Directive. The Directive can provide most of the data needed for Short Sea Shipping with the
availability of data on “port-to-port” level. At the request of the Member States, dissemination
is limited to “port-to-maritime coastal area”. Nevertheless, it will still take a few years for the
Directive to produce data series for analysing trends.

FORESEEN MEASURES

1.

Collect  statistical  information  on  Short  Sea  Shipping  from  the  Maritime  Directive
and  through ESPO in  parallel until  the  Directive  provides  sufficient  time  series  for
establishing trends and making reliable comparisons between modes.

Responsible Actors: Commission  services  in  co-operation  with  ESPO  and  Focal

        Points.

Deadline:

Until 2006.

2.

Extend the collection of statistical information to the accession countries.

Responsible Actors: Commission  services  in  co-operation  with  ESPO  and  Focal

        Points.

Deadline:

By 2004.

33

34

See footnote 3.
Council Directive 95/64/EC of 8 December 1995 on statistical returns in respect of carriage of goods
and  passengers  by  sea,  OJ  L  320,  30.12.1995,  p. 25,  as  implemented  by  Commission  Decisions
98/385/EC  of  13  May  1998,  OJ  L  174,  18.6.1998,  p. 1,  2000/363/EC  of  28  April  2000,  OJ  L  132,
5.6.2000, p.1 and 2001/423/EC of 22 May 2001, OJ L 151, 7.6.2001, p. 41.

20

                                                
Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on Intermodal Loading Units

21

EXPLANATORY MEMORANDUM

INTRODUCTION

The  Commission's  White  Paper  on  European  transport  policy  for  201035  announced  this
proposal for a European Parliament and Council Directive. It is based on Articles 71 and 80
of the Treaty.

The Community must propose a sustainable solution to transport problems, which can reduce
congestion, particularly road congestion. It is therefore in the Community's  interest to  make
intermodality more attractive for transport users.

Nowadays, carriers use several multimodal methods of transport:

–  Drivers  of  road  vehicles  go  on  specially  equipped  trains  or  ferries  with  their

vehicle. This is accompanied transport.

–  Semi-trailers  specially  designed  for  this  purpose  are  dispatched,  particularly  on

trains. Special wagons have been designed for this.

–  Containers36  or  swap  bodies37  are  transferred  from  one  mode  of  transport  to

another.

This proposal only deals with the latter case. The current diversity of ILUs,38 particularly the
diversity  of  their  handling  and  securing  devices,  hampers  the  efficiency  of  transhipment
operations. In effect, each ILU has to be examined to determine the handling technique and to
adjust or modify the handling equipment. The same goes for the devices for securing them on
to the  vehicles  or  ships  which  transport  them.  Transhipments  therefore  become  complicated
and  slow,  and  incur  unnecessary  costs.  To  solve  this  problem,  the  handling  and  securing
devices of ILUs need to be made more uniform.

Safety is a priority. The new ILUs should be equipped with alarm devices to indicate  if  the
unit is opened. This should limit the risk of undeclared materials being  added or stowaways
entering the units.

To ensure safety and  minimise the risks to persons and  property,  all  ILUs  in  use  in  Europe
should be subject to a maintenance obligation and periodic inspections. Obligations regarding
maintenance  and  periodic  inspections  for  containers  used  in  international  traffic  also  arise
from  the  internationally  adopted  CSC.39  The  procedures  for  implementing  these  measures
should be uniform.

35

36

37

38

39

COM(2001) 370, 12.9.2001.
Container: a box to carry freight, strong enough for repeated use, stackable and fitted with devices for
transfer between modes.
Swap body: a freight-carrying unit optimised to road vehicle dimensions (basic difference compared to
containers) and fitted with handling devices for transfer between modes, usually road/rail.
ILU: intermodal loading unit, i.e. a container or swap body.
CSC:  Convention  for  Safe  Containers,  adopted  on  2/12/1972,  entered  into  force  on  6/9/1977  and
amended  in  1981,  1983,  1991  and  1993,  which  can  be  found  on  the  International  Maritime
Organisation's website (www.imo.org).

22

                                                
Europe  needs  an  optimal  intermodal  loading  unit,  the  EILU40  that  combines  the  benefits  of
containers  (their  solidity  and  stackability)  with  those  of  swap  bodies  (in  particular  their
greater capacity). Such an EILU could be used in four modes of transport (rail, road, sea and
inland waterways) and its transhipment between these different modes would be simplified. In
order to meet the necessary requirements for maximum intermodality, it should be stackable,
suitable for top lifting and seaworthy. The unit should offer the maximum allowable space for
transporting  ISO41  pallets,  and  it  should  also  offer  fast  loading  and  unloading  of  pallets  in
order to reduce costs and delays. This EILU can consist of a general-purpose dry cargo box
allowing two pallets to be loaded side by side. The effective internal width must therefore be
at  least  2  x  1200  mm  plus  the  necessary  margin  for  manoeuvre,  which  is  still  to  be
determined. The external width should be as small as possible, ideally 2 500 mm, in order to
take account of the  guide rails which exist in some ships. In any case, the EILUs should be
able  to  be  carried  by  road.  They  must  therefore  comply  with  the  provisions  of  Directive
96/53.42 There are only a very few ILUs which meet these requirements.

In fact, the proposed Directive provides for essential requirements in terms of security, safety,
interoperability, handling, securing, strength, coding and identification of units,  on  the  basis
of  which  the  Commission  will  ask  European  standardisation  bodies  to  define  harmonised
standards  in  order  to  develop  relevant  parameters  for  conformity  with  the  essential
requirements. A regulatory committee, composed of representatives of the Member States and
of the Commission, will establish the specific requirements for interoperability  covering  the
characteristics of intermodal loading units necessary to ensure that they can be used in several
modes of transport. Procedures for the periodic inspection of ILUs should guarantee that they
always meet the above-mentioned requirements. This system aims to:

(cid:1)  ensure  a  satisfactory  level  of  maintenance  of  all  ILUs  in  Europe,  regardless  of

when they were put into service;

(cid:1)  facilitate  transhipment  operations  between  modes  by  harmonising  certain
characteristics of the handling and securing devices of ILUs. The Directive makes
it compulsory to comply with the relevant requirements for all ILUs put in service
after 24 months from the planned deadline  for  the  transposition  of  the  Directive
by the Member States;

(cid:1)  equip  the  new  ILUs  with  the  best  anti-intrusion  devices  available,  as  and  when

these techniques develop;

(cid:1)  define  the  EILU,  combining  the  benefits  of  containers  and  of  swap  bodies  and
complying  with  the  requirements,  the  conformity  assessment  procedures  and
period inspection procedures which apply to any new ILU. The Directive does not
make it compulsory to use the EILU.

A  period  of  three  years  from  when  the  European  Commission  gives  a  mandate  to  the
European standardisation bodies and this mandate is accepted should be sufficient to draw up
almost all of the harmonised standards.

40

41

42

EILU: European intermodal loading unit
Pallet:  a  raised  platform,  normally  made  of  wood,  facilitating  the  handling  of  goods.  The  standard
dimensions most used in Europe are: 800 mm x 1200 mm and 1000 mm x 1200 mm (ISO 6780).
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.

23

                                                
A period of two years from when the work of the regulatory committee provided for by the
Directive begins should be sufficient to draw up the specific requirements for interoperability.

The requirements relating to the anti-intrusion devices will, by their very nature, evolve.

5.

1.

2.

3.

4.

6.

5.

43

44

THE PROBLEM: DIVERSITY OF TECHNICAL CHARACTERISTICS

For multimodal transport to become attractive to customers, it needs to be simple to
use  and  needs  to  meet  customer  requirements.  It  has  to  offer  at  least  the  same
advantages  as  transport  exclusively  by  road.  Complementarity  of  different  modes
must  be  increased  and  their  advantages  in  door-to-door  supply  chains  must  be
combined. Exchanges between the modes should be seamless and offer a high level
of interoperability. The diversity of ILUs makes transhipments complicated.

The containers usually used in Europe (20' and 40') comply with the standards of the
International  Standardisation  Organisation  (ISO).  Other  containers  are  also  in
circulation, with different technical characteristics (width, height, construction, etc.).
These  containers  can  generally  be  used  in  all  four  modes  of  transport.  They  are
usually stackable and can be lifted with cranes. However, they do not generally offer
optimum loading capacity for ISO pallets43 or fully utilise the maximum dimensions
available in  land  transport.  This  is  why  they  are  not  widely  used  in  European  road
and rail transport.

Swap bodies are primarily  designed  for  transfer  between  road  and  rail.  They  allow
good utilisation of capacity on road and rail vehicles, but they do not offer economic
solutions for inland waterways or sea transport. They are usually not stackable owing
to  their  weak  wall  construction,  cannot  withstand  transport  by  sea  and  cannot  be
lifted  with  cranes.  They  come  in  different  sizes  and  have  a  number  of  different
characteristics. The CEN has drawn up some European standards for swap bodies.

technical  characteristics  complicates
This  diversity  of  designs,  sizes  and 
intermodality  and  deprives  it  of  the  interoperability  which  ILUs  should  allow.
Handling operations are delayed because every box has to be identified separately in
order  to  choose  the  correct  technique.  The  lifting  equipment  has  to  be  frequently
fine-tuned  or  changed.  This  causes  unnecessary  costs  in  the  transport  chain.  Swap
bodies are confined to road or rail transport (and, for some, short Ro-Ro journeys44),
while containers are used mainly for inland waterways or sea transport. This situation
makes  it  more  difficult  to  take  decisions  regarding  investment  in  ILUs.  The  full
capacity of the transport system cannot be utilised, and seamless intermodality does
not become a reality.

THE METHOD: HARMONISATION AND STANDARDISATION

Three problems need to be resolved:

The  standardisation  of  pallets  has  led  to  a  certain  harmonisation  in  the  dimensions  and  packaging  of
goods produced in international trade in order to maximise use of these dimensions.
“Roll-on-Roll-off” means that a seagoing vessel has facilities to enable road or rail vehicles to roll on
and roll off the vessel.

24

                                                
–  the complexity of handling operations and the lack of interoperability,

–  the lack of optimal ILUs that can be used in all modes of transport.

–  the need to have a more uniform system for the units' characteristics in the above-

mentioned areas, including security and safety.

6.

These problems can be overcome by harmonising certain characteristics of new ILUs
to  make  them  safer  and  so  that  they  can  be  handled  in  a  more  uniform  way,  thus
ensuring better interoperability. The definition of the characteristics and performance
of a new type of ILU - the EILU, will enable a unit to be created which combines the
advantages of containers and swap bodies, and also complying with the requirements
which apply to new ILUs. The Commission will entrust the European standardisation
bodies  with developing  harmonised standards  and will adopt, with the involvement
of  the  Member  States,  the  specific  requirements  for  interoperability  which  will
become mandatory after their adoption.

6.1.

Harmonised interoperability characteristics of ILUs

7.

8.

9.

ILUs  have  different  characteristics.  Some  of  them  require  bottom  lifting  (e.g.  by
forklift); others can be lifted from the top (e.g. by a crane). They have their points of
fixing  in  different  places,  and  the  strength  of  their  construction  also  differs.  Such
problems  can  be  overcome  by  introducing  a  set  of  harmonised,  common
characteristics in order to standardise their handling, facilitate their storage and make
it possible to secure them on transport equipment more efficiently.

Harmonising the locations and designs of corner fittings, openings for sling handling
and  forklift  pockets  would  contribute  to  ensuring  uniformity  in  handling  the  units.
Some experts consider that such uniformity could, on average, halve the duration of
transhipments. Harmonisation of the characteristics of intermediate supports, such as
supporting  legs,  would  facilitate  intermediate  storage  between  transport  operations.
A common definition of the areas that are strong enough to support the weight of the
ILU during transportation (load transfer areas) would reduce the risk of damage and
facilitate  placing  the  ILU  in  position.  Further,  securing  cargo  on  road  vehicles,
wagons and vessels in  a  safe  and  efficient  way  can  be  assisted  by  harmonising  the
interfaces for load securing devices.

The exact definitions, designs and locations of such harmonised characteristics differ
between  ILUs on  the basis of,  for example, their  length  and  configuration  (such  as
wall strength). This Directive provides for mandatory essential requirements, on the
basis  of  which  the  Commission  will  ask  the  competent  standardisation  bodies  to
define harmonised standards, for each class and category of ILU. Manufacturers will
be able to use these standards and if they do, their products will be considered to be
in  conformity  with  the  essential  requirements.  Mandatory  specific  requirements  for
interoperability will be established by the regulatory committee procedure.

10.

The harmonised ILUs would bear a CE marking to show their compatibility with the
relevant requirements and another specific symbol to facilitate their identification in
the handling process.

11.

However, a certain degree of diversity will remain for two reasons:

25

6.2.

12.

13.

45

46

–  It  is  not  economically  justifiable  to  require  existing  ILUs  to  be  altered  or
refurbished with the harmonised characteristics. Therefore, as long as these ILUs
remain  in  circulation,  a  certain  amount  of  diversity  will  remain.  However,  these
old ILUs will gradually disappear from the market with time (on average in five
years for weaker swap bodies and 10-15 years for stronger containers).

–  It is also not justifiable to require all ILUs to have the construction strength of a
stackable ISO container. 'Weak containers' and 'weak swap bodies' will remain on
the  market  because  they  are  less  expensive  to  construct  and  are  suitable  for  a
number of purposes (e.g. where waterborne transport is not a viable option).

Standardised European intermodal loading unit (EILU).

An  EILU  should  combine  the  benefits  of  containers  (in  particular  stackability,  top
lifting  and  capability  to  withstand  transport  by  sea)  and  those  of  swap  bodies  (in
particular  their  greater  width).  It  should  be  able  to  move  freely  in  all  modes  of
transport  and  between  them  in  order  to  ensure  maximum  intermodality.  Such  an
EILU  should  be  a  general-purpose  dry  cargo  box  with  either  end  opening,  side
opening or top opening.

As  there  are  currently  not  enough  ILUs  of  this  type,  the  Directive  provides  for
essential requirements and specific requirements for interoperability to this end. On
the basis of the essential requirements, harmonised standards will then be developed
by  the  European  standardisation  bodies  at  the  request  of  the  Commission.  A
considerable  amount  of  work  has  already  been  done  towards  this  aim  both  in  the
CEN and in the field of RTD.45 This proposal makes full use of the work undertaken
by  the  CEN  and  the  UTI-NORM  research.46  This  work  can  form  the  basis  for  the
harmonised  standards  and  the  specific  requirements  for  interoperability  for  the
internal dimensions of EILUs:

–  length: two different versions. The long version would allow 11 units of 1.2 m to
be  loaded  lengthways  with  the  possible  necessary  margins  for  manoeuvre.  The
short  version  would  allow  six  of  these  units  to  be  loaded  under  the  same
conditions.  The  first  length  would  be  chosen  because  of  its  optimal  character  in
relation  to  ISO  pallets  and  because  of  the  maximum  allowable  length  in  road

RTD: research and technological development.
The UTI-NORM research, wholly funded by the Commission for a sum of € 179 000, has the reference
JC-98-RS.5039. It summarised progress and set out future needs  with regard to the standardisation of
ILUs. It  was carried out by the BIC (Bureau international des conteneurs et du  transport  intermodal),
the UIRR (Union internationale des sociétés de transport combinés rail  -  route),  a  German  consultant
(Hannoversche Consulting für Verkehrswesen, Transporttechnik und elektronische Datenverarbeitung)
and  a  British  company  (Three  Quays  Marine  Services  Ltd).  It  came  to  the  conclusion  that  a  new,
stackable 2550 x 2900 x 13600 mm container/swap body would be an optimal compromise for Europe.
It would use optimally the maximum measurements and capacity allowed on the road for the first and
final leg of an intermodal journey. The shorter loading unit  for rail transport (2 550  x  2  900  x  7  450
mm)  would  also  offer  benefits:  usability  in  all  surface  modes  of  transport,  improved  transport
economics  for  waterborne  transport  while  ensuring  full  compatibility  with  road/rail  swap-bodies,
stackability,  pallet-wide  width,  simplified  loading  and  unloading  methods,  optimal  use  of  allowable
road dimensions, low manufacturing cost, overall economic benefits by decreasing the large variety of
different shapes and sizes used at the moment, compatibility with the most common lifting equipment,
and compatibility with the Convention for Safe Containers. While acknowledging the problems that this
new type of unit would create, in particular, on cellular ships and barges and on some rail connections,
the study considered that the benefits outnumbered the difficulties.

26

                                                
transport. The second length would be chosen because it is close to the maximum
that can be transported in pairs on road trains without special construction of the
vehicle (such as short coupling). Both lengths can also be transported by rail, sea
transport and inland waterways.

–  width: this should allow the loading of three pallets side by side, i.e. three times
800 mm or two pallets lengthways, i.e. twice 1200 mm, plus the necessary margin
for  manoeuvre,  without  exceeding  2550  mm,  the  maximum  allowable  width  in
road transport.

–  height: the height chosen is 2670 mm, as the usual height for swap bodies is 2670
mm.47 This is higher and allows more space than the standardised heights of ISO
668 and 650 Series 1 containers (2438 mm and 2591 mm). In addition, such a unit
can be accommodated on the main railway lines using standard rail car height.

14.

Any  moves  towards  standardisation  involve  constraints  and  limitations.  The
problems, which the dimensions of the EILU could create, are as follows:

(cid:1)  length:

–  cellular  ships  and  barges  would  need  to  adjust  their  cell  guides  to  a  new  length
entailing  marginal  costs.  In  some  cases  when  ships  are  designed  for  certain
container lengths, the structural requirements might result in less optimum use of
cargo space.

–  The long EILU would not allow the capacity of current standard rail wagons to be

fully utilised.

(cid:1)  width:

–  An  external  width  greater  than  2500  mm  could  create  some  problems,  for
example, on some cellular ships where the cells are only 2500 mm wide. The cell
guides  would  therefore  need  to  be  adjusted.  There  might  be  some  loss  of  cargo
space on certain inland waterway vessels, in particular, those that are constructed
to take four ISO containers side by side  without a margin. However, some ships
already take non-ISO containers which are 8'6'' (approx. 2.59 m) wide.

(cid:1)  height:

–  The  rail  gauge  in  the  United  Kingdom  allows  a  maximum  ILU  height  of  2540

mm.

15.

However, the importance of these possible problems should not be overemphasised.
In fact, for rail transport, the short EILUs would allow better use of the capacity of
wagons. In the United Kingdom, many major lines from and to  the Channel tunnel
have a rail gauge which allows 2670 mm loading unit height with a lowered railcar
platform  height  of  1045  mm.  For  inland  waterways  or  sea  transport,  it  should  be
stressed that these guides are sometimes adjusted.

47

See COST 339 - Small Containers, point 5.2.4 of the final report, 2001.

27

                                                
16.

The  main  argument  is  still  the  possibility  of  making  better  use  of  the  capacities  of
EILUs than that of ISO containers for transporting standardised pallets. As an initial
assessment, the best performance of the EILU can be summarised as follows:

(cid:1)  a load factor in europallets for the long EILU which is up to 32% higher than the

ISO 40' container;

(cid:1)  a load factor in europallets for the short EILU which is up to 63% higher than the

ISO 20' container.

A  comparative  table  is  attached  to  this  Explanatory  Memorandum  with  diagrams
showing the use of available surface area in the eight cases quoted.

Based  on  the  data  available,  the  Commission  estimates  that  the  number  of  road
vehicles required to transport the same amount of goods would be reduced by about
25%48 if all fully loaded ILUs were to be replaced by fully loaded EILUs.

The  EILU  would  have  to  be  stackable  in  order  to  be  worthwhile  for  short  sea
shipping  and  inland  waterways.  Ro-Ro  ships  can  utilise  their  capacity  more
economically  if  at  least  two  units  can  be  transported  in  stack.  Lo-Lo  ships49  use
higher  stacks  (up  to  six  units  fully  loaded,  in  the  hold).  Similarly,  for  intermediate
storage  in  terminals  and  ports,  the  stackability  of  EILUs  offers  clear  economic
advantages  in  terms  of  utilising  the  available  space.  As  the  draft  standard  prEN
13853 shows, a short EILU can have a stackability corresponding to that of the ISO
20'  container.  For  long  EILUs,  an  acceptable  compromise  between  stacking
capability  and  tare  will  have  to  be  found.  Therefore,  the  essential  requirements  in
Annex  II  provide  for  a  stacking  capability  of  four  layers  fully  loaded  in  sea
conditions.

In comparable production conditions, the EILUs could turn out to be more expensive
than containers (due to the larger surface area available) or swap bodies, due to the
probable need to strengthen their walls in order to allow stackability.  However, the
greater capacity of  EILUs compared  with containers  should largely  compensate for
these additional costs. Compared with swap bodies, the advantage of using EILUs is
in reducing storage costs, and even transport costs if the rail gauges allow them to be
stacked during transport.

However, the cost of an EILU will depend on the number of units produced, i.e. on
the success of this initiative. The variety of swap bodies prevents mass production, so
the attainable economy  of  scale  should  compensate  for  the  additional  cost  incurred
by the need to strengthen their walls.

The  essential  requirements  in  Annex  II  list  the  characteristics  and  performance
expected  of  an  EILU,  which  must  obviously  also  meet  the  harmonised  criteria  in
Annex I which apply to all new ILUs.

The EILU would bear a CE marking to show its compatibility with the requirements
and  a  specific  marking  to  enable  it  to  be  easily  identified.  This  marking  would  be

See the calculations and assumptions in the Annex to the Explanatory Memorandum.
“Lift-on-Lift-off” means that intermodal loading units are loaded and unloaded with lifting equipment.

28

17.

18.

19.

20.

21.

22.

23.

48

49

                                                
affixed  on  the  basis  of  the  procedures  and  provisions  in  Article  8  and  Annexes  IV
and VII to this Directive.

24.

It will not be compulsory to use the EILU. Instead, it will be left to people working
in this sector in Europe to discover its benefits.

The history of ISO containers suggests that, in the long run, an EILU is likely to completely
change  the  European  logistics  and  transport  scene.  These  dimensions  adopted  in  1964  for
series I containers (the only series which came into being and which still exists) did not take
account of the standardisation work in 1947 of the loading units (pallets) which adopted two
modules: 800 mm x 1200 mm and 1000 mm x 1200 mm. This work had even provided for the
possibility of adopting a 1200 mm x 1200 mm module as soon as the internal dimensions of
the new containers allowed this. These three pallet sizes result from the adoption of the basic
packaging  module  (400  mm  x  600  mm)  which  had  repercussions  on  the  dimensions  of
furniture and, in particular, household appliances.

25.

26.

6.3.

27.

28.

29.

50

51

The nominal lengths adopted meant that the majority of pallets in use in the world at
the  time,  which  were  owned  by  US  companies,  were  no  longer  standard.  For
example,  in  1978,  SEA  LAND  still  had  a  stock  of  35'  containers  which  were
equivalent to 55 000 TEU.50

Despite these two disadvantages, the world stock of containers increased from 0.5 to
14.3  million  TEU  between  mid-1970  and  mid-2000.  Over  the  last  five  years,  the
average annual growth rate has been 9%. The success of the ISO standard is due in
particular to the promotional efforts and investment made by shipowning companies
and  rental  companies.  Standardisation  offered  a  stable,  global  framework  which
facilitated investment decisions.

Safety and security of ILUs

The safety of transport and equipment is one of the main goals of European transport
policy.  It is  therefore important that the  ILUs  used  in Europe fulfil  stringent  safety
requirements. They must be maintained efficiently and be subject to periodic safety
inspections to avoid any hazards.

The Council recommended in 197951 that the Member States should ratify the United
Nation's International Convention for Safe Containers (CSC) adopted on 2 December
1972  in  Geneva.  The  basic  Convention  has  been  ratified  by  most  of  the  Member
States, but the latest amendments to the Convention made in 1993 have not entered
into force.

The  Convention  is  an  international  instrument  aiming  to  maintain  a  high  level  of
safety  of  human  life  in  the  transport  and  handling  of  containers  by  providing
generally  acceptable  test  procedures  and  related  strength  requirements.  It  also
facilitates the international transport of containers by providing uniform international
safety regulations, equally applicable to all modes of transport.

TEU: twenty-foot equivalent units, measurement unit equivalent to one 20-foot (6.10 metre) long ISO
container, used to express transport capacity or flows.
Council Recommendation of 15 May 1979 on the ratification of the International Convention for Safe
Containers (CSC), OJ L 125, 22.5.1979, p. 18.

29

                                                
30.

31.

32.

33.

6.4.

34.

35.

36.

This Directive contains provisions on maintenance and periodic inspections, both for
international  and  national  transport.  .  These  requirements  are  not  in  contradiction
with  the  provisions  of  the  CSC,  which  cover  the  same  subject  matter,  in  order  to
avoid any incompatibilities with the international obligations of the Member States.

There  are  no  reasons  to  exclude  ILUs  and  EILUs  manufactured  prior  to  the
implementation  of  the  Directive  from  the  maintenance  obligation  and  from  the
periodic inspections. Therefore, these obligations would cover all ILUs in circulation
in the Community.

The Directive does not make it compulsory for the Member States to sign or accept
the  CSC,  given  that  it  incorporates  the  relevant  safety  requirements  and  the
framework for periodic inspections.

Nowadays,  the  safety  of  transport  has  become  a  crucial  aspect.  Any  new  ILU  will
have  to  integrate  anti-intrusion  alarm  devices,  for  example  a  state-of-the-art
electronic seal.

Procedures for assessing conformity of ILUs and periodic inspections

The Directive provides for procedures to assess the conformity of  ILUs  and EILUs
with  the  relevant  requirements,  in  accordance  with  Council  Decision  93/465.52
Conformity  assessment  procedures  and  procedures  for  the  periodic  inspection  of
ILUs will follow the same principles.

The  CE  marking  showing  conformity  with  the  requirements  will  be  affixed  to  the
ILUs in accordance with the above-mentioned Decision 93/465.

The modules for assessment (Annex IV) and periodic inspection (Annex V) take into
consideration the international obligations of the Member States, in particular those
arising from the CSC. In addition, they take account of the fact that this conformity is
mainly  linked  to  their  field  of  use,  in  order  to  ensure  and  guarantee  transport
interoperability and not only free circulation in the Community market.

7.

CONTENTS OF THE PROPOSAL FOR A DIRECTIVE

Article 1: This Article states that requirements to be complied with, procedures for assessing
conformity with these requirements and procedures for periodic inspection will be laid down,
and provides for the development of harmonised standards.

Article  2:  This  Article  defines  the  scope  of  the  Directive,  namely  ILUs  and  EILUs.  Air
transport is excluded.

Article 3: This Article defines certain terminology used in the proposal.

Article 4: This Article provides for the assessment of conformity of ILUs and EILUs with the
requirements, including the CE marking and the conformity assessment procedures.

52

Council  Decision  93/465/EEC  of  22  July  1993  concerning  the  modules  for  the  various  phases  of  the
conformity assessment procedures and the rules for the affixing and use of the CE conformity marking,
which are intended to be used in the technical harmonisation directives - OJ L220, 30.8.1993.

30

                                                
Article 5: This Article provides for provisions with regard to the free circulation of ILUs and
EILUs, restrictions to this and safeguard clauses.

Article 6: This Article provides for the obligation for Member States to ensure that ILUs and
EILUs  do  not  endanger  the  health  and  safety  of  persons  and,  where  appropriate,  domestic
animals  or  property.  It  also  provides  for  the  right  to  show  ILUs  or  EILUs  which  do  not
conform  to  the  Directive  at  trade  fairs  and  similar  events,  in  accordance  with  appropriate
procedures.

Article  7:  This  Article  lays  down  the  procedures  concerning  the  obligation  to  undertake
maintenance and periodic inspections.

Article 8: This Article refers to the CE marking, how it  should be affixed,  the obligation to
avoid confusion with other symbols and provisions regarding unduly affixed markings. It also
covers  the  affixing  of  a  distinctive  symbol  for  ILUs  and  EILUs,  and  of  specific  symbols
relating to periodic inspections.

Article 9: This Article covers the regime implementing the essential requirements, the specific
requirements  for  interoperability  and  the  harmonised  standards  including  the  procedure  for
publishing them in the Official Journal of the European Union. It also covers the revision of
the  harmonised  standards  and  the  procedure  for  cases  where  these  do  not  fully  meet  the
requirements.

Article 10: This Article refers to the notified bodies designated by the Member States to carry
out the procedures for assessing conformity with the requirements and procedures for periodic
inspections for ILUs and EILUs.

Article  11:  This  Article  provides  for  the  procedure  for  amending  Annexes  I  and  II  to  the
Directive.

Article 12: Considering the competencies essentially regulatory of the Committee, this Article
provides  for  a  regulatory  committee  on  the  implementation  of  the  Directive,  in  accordance
with Council Decision 99/468, and the powers of this Committee.

Article 13: This Article refers to the obligation for the Member States to lay down penalties
for non-compliance with the provisions of the Directive, such as unduly affixing a marking or
not  maintaining  the  ILUs  in  a  good  condition.  These  penalties  must  be  effective,
proportionate and dissuasive.

Article 14: This Article lays down the maximum period for transposition of the Directive by
the Member States and their obligation to inform the Commission immediately thereof. It also
lays down the date of application of the Directive.

31

Annex to the Explanatory Memorandum

A - Calculations to determine the EFFECTIVE dimensions of EILUs

Calculation assumptions:

(cid:1)  The EILUs should offer an internal width which allows either two europallets to be placed
side  by  side  lengthways  (i.e.  2  x  1.2  m)  or  three  europallets  to  be  placed  side  by  side
widthways (i.e. 3 x 0.8 m), with sufficient margins for manoeuvre.

(cid:1)  An initial assessment, which will have to be clarified by the work of the CEN, is that for
back-loaded EILUs, the pallets should be accommodated lengthways in order to reduce the
risks of the load being unstable.

(cid:1)  The external length of the long EILU should not be more than 13.6 m and that of the short

EILU not more than 7.82 m.

(cid:1)  The internal width of ISO containers, 2.33 m, allows two rows of pallets to be loaded, one

lengthways and the other widthways.

Long EILUs

Case of two europallets (1.2 m x 0.8 m) placed side by side (lengthways)

An  external  length  of  13.6  m  is  the  equivalent  of  17  times  0.8  m.  But  the  thickness  of  the
walls must be taken into account. There can therefore be only 16 pallets per row.

The effective length required would therefore be 12.8 m to transport 32 europallets.

Case of three europallets (1.2 m x 0.8 m) placed side by side (widthways)

An external length of 13.6 m is the equivalent of 11.33 times 1.2 m. There can therefore be
only 11 pallets per row.

The effective length required would therefore be 13.2 m to transport 33 europallets.

Case of UK pallets (1.2 m x 1 m)

These can only be placed two side by side (lengthways).

An effective length of 13 m would therefore allow 26 UK pallets to be transported.

Conclusion

The best internal length would therefore be 13.2 m. In this case, 400 mm would be available
for the front  and back  walls. This should  be  sufficient  since  ISO  containers  allow  only  165
mm for both these walls.

Short EILUs

Case of two europallets (1.2 m x 0.8 m) placed side by side (lengthways)

32

An external length of 7.82 m is the equivalent of 9.775 times 0.8 m. There can therefore be
only 9 pallets per row.

The effective length required would therefore be 7.2 m to transport 18 europallets.

Case of three europallets (1.2 m x 0.8 m) placed side by side (widthways)

An  external  length  of  7.82  m  is  the  equivalent  of  6.52  times  1.2  m.  There  can  therefore  be
only 6 pallets per row.

The effective length required would therefore be 7.2 m to transport 18 europallets.

Case of UK pallets (1.2 m x 1 m)

These can only be placed two side by side (lengthways).

An effective length of 7 m would therefore allow 14 UK pallets to be transported.

Conclusion

The best internal length would therefore be 7.2 m. In this case, 620 mm would be available
for the front  and back  walls. This should  be  sufficient  since  ISO  containers  allow  only  108
mm for both these walls.

40-foot ISO containers: internal length of 12 m

First row (with the longest side being widthways in the container): 15 europallets or 12 UK
pallets.

Second row: 10 pallets.

Total: 25 europallets or 22 UK pallets.

30-foot ISO containers: internal length of 8.931 m

First  row  (with  the  longest  side  being  widthways  in  the  container):  11  europallets  or  8  UK
pallets.

Second row: 7 pallets.

Total: 19 europallets or 15 UK pallets.

20-foot ISO containers: internal length of 5.867 m

First  row  (with  the  longest  side  being  widthways  in  the  container):  7  europallets  or  5  UK
pallets.

Second row: 4 pallets.

Total: 11 europallets or 9 UK pallets.

33

B - Diagram showing the use of the capacities of EILUs and containers

Long EILU (effective length of 13.2 m)

Use of internal area

33 europalettes

m
4
.
2

m
4
.
2

26 UK palettes

13.2 m

13 m

34

 
 
40-foot ISO container

Dimensions of container and pallets

Container

Pallet

internal

external

difference

EU

UK

length

width

12 027 mm 12 192 mm

165 mm 1 200 mm 1 200 mm

2 330 mm

2 438 mm

108 mm

800 mm 1 000 mm

Use of internal area

25 europalettes

m
3
3
.
2

m
3
3
.
2

22 UK palettes

12 m

12.027 m

12 m

12.027 m

35

 
 
Short EILU (loading length of 7.2 m)

Use of internal area

18 europalettes

7.2 m

14 UK palettes

m
4
.
2

7 m

36

 
20-foot ISO container

Dimensions of container and pallets

Container

Pallet

internal

external

difference

EU

UK

5 893 mm 6 058 mm

165 mm 1 200 mm 1 200 mm

2 330 mm 2 438 mm

108 mm

800 mm 1 000 mm

length

width

Use of internal area

m
3
3
.
2

11 europalettes

5.6 m

4.8 m

5.893 m

9 UK palettes

5 m

4.8 m

37

 
Comparative table

Europallets

UK pallets

Short EILU: internal length of 7.2 m

20' ISO CONTAINERS

18

11

14

9

Difference between EILU and ISO

7 (+63%)

5 (+ 55%)

Short EILU: internal length of 7.2 m

30' ISO CONTAINERS

18

19

14

15

Difference between EILU and ISO

-1 (- 6%)

-1 (- 7%)

Long EILU: internal length of 13.2 m

40' ISO CONTAINERS

33

25

26

22

Difference between EILU and ISO

8 (+ 32%)

4 (+ 18%)

C - Calculation of saving in road vehicles (port services)

The data used were:

(cid:1)  the composition of the world stock of containers in 1999 (source: AFNOR/H90B), which
shows  the breakdown  of  TEU  capacity of containers  by  type:  37.18%  for  20'  containers,
0.1% for 30' containers, 61.22% for 40' containers and 1.5% for 45' containers.

(cid:1)  DG TREN's 2000 and 2001 statistical pocketbooks, which give:

–  port  hinterland  container  traffic  in  TEU  for  1996  (table 3.4.15) i.e. approx.

16 413 000 TEU.

–  road traffic and the increase between 1996 and 1999.

The following assumptions were made:

(cid:1)  The increase in road services to ports, for containers, between 1996 and 1999 is the same
as that for road traffic, in tonne-kilometres, over this period. The volume having used road
transport to serve ports in 1999 can therefore be estimated at approx. 18.78 million TEU.

(cid:1)  The  breakdown  of  capacity  by  type  of  container  for  road  services  to  European  ports  is

similar to the global breakdown.

(cid:1)  All ILUs are loaded to maximum capacity, with either europallets or UK pallets (and not a

mixture of the two types).

38

(cid:1)  The 20' and 30' containers are replaced by short EILUs, and the 40' and 45' containers by

long EILUs.

Calculations for road services to ports for containers in 1999.

Containers

allowing the transport of

Type

% capacity

TEU

units

europallets (1.2 x
0.8 m)

UK pallets (1.2 x
1 m)

20’

30’

40’

45’

37.18 %

6 982 404

6 982 404

76 806 444

62 841 636

0.10 %

18 780

12 520

237 880

187 800

61.22 %

11 497 116

5 748 558

143 713 950

126 468 276

1.5 %

281 700

125 200

4 131 600

3 255 200

Totals

100 %

18 780 000

12 868 682

224 889 874

192 752 912

Taking account of the theoretical pallet capacity of EILUs, the number of EILUs of each type
required to transport  the  pallets can  be worked out by distinguishing the types  of container.
The results differ according to whether europallets or UK pallets are being transported. To be
on  the  safe  side,  we  will  use  the  worst  case  scenario,  i.e.  the  larger  of  the  two  numbers  of
EILUs resulting from the calculations.

Types

Number of EILUs required to
transport the same number of:

Containers

EILUs

europallets

UK pallets

maximum

saving

20’

30’

40’

45’

short

short

long

long

4 267 025

4 488 688

4 488 688

2 493 716

13 216

13 414

13 414

-894

4 354 968

4 864 164

4 864 164

884 394

125 200

125 200

125 200

0

Totals

8 760 408

9 491 467

9 491 467

3 377 215

The number of intermodal loading units required would therefore decrease from 12 868 682
to  9  491  467,  i.e.  by  3  377  215  units.  This  reduction  of  about  26%  in  the  number  of
intermodal  loading  units  would  lead  to  the  same  rate  of  reduction  in  the  number  of  road
vehicles required for the same volume of tonne-kilometres transported.  In  effect, it  is  likely
that the composition of road trains would not change significantly.

The final assumption made is that this saving, estimated only for road services to ports, would
also apply to all other road freight transport.

39

2003/0056 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on intermodal loading units

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles
71(1) and 80(2) thereof,

Having regard to the proposal from the Commission,53

Having regard to the opinion of the European Economic and Social Committee (EESC),54

Having regard to the opinion of the Committee of the Regions,55

Acting in accordance with the procedure laid down in Article 251 of the Treaty,56

Whereas:

(1) 

(2) 

(3) 

(4) 

The Community has an established policy of  encouraging sustainable transport, such
as multimodal transport operations involving road, rail, inland waterway and short sea
shipping.  Within  the  framework  of  the  common  transport  policy,  further  measures
must be adopted to ensure transport safety.

Containers  frequently  comply  with  standards  adopted  by 
International
Standardisation  Organisation  but  do  not  offer  optimal  loading  space  for  pallets  or
make optimum use of the maximum allowable dimensions in land transport.

the 

Swap  bodies  are  frequently  used  in  road  and  rail  transport  but,  owing  to  their
construction, are not suitable  for intermodal operations involving a waterborne mode
of transport.

Intermodal loading units should offer adequate interoperability for handling operations
across modes. Owing to the number and diversity of existing units, the introduction of
the requirement of harmonised interoperability characteristics should be limited to new
units.

(5) 

The  Directive  defines  a  new  unit:  the  European  intermodal  loading  unit.  This  unit,
apart  from  offering  optimal  loading  space  within  the  framework  of  European

53

54

55

56

OJ C […], […], p. […].
OJ C […], […], p. […].
OJ C […], […], p. […].
OJ C […], […], p. […].

40

                                                
(6) 

(7) 

(8) 

legislation  in  force,  must  also  fulfil  the  harmonised  interoperability  characteristics
required for any new intermodal loading unit.

The  objectives  of  the  proposed  action  are:  harmonisation  to  the  same  degree  of
intermodal loading  units,  procedures  for  assessment  and  periodic  inspection,  and  the
creation of  the  European intermodal loading unit. Given that  these  objectives  cannot
be sufficiently achieved by the Member States and can therefore be better achieved at
Community level, the Community can take measures in accordance with the principle
of  subsidiarity  set  out  in  Article  5  of  the  Treaty.  In  accordance  with  the  principle  of
proportionality set out in the same Article, this Directive does not go beyond what is
necessary to achieve these objectives.

For reasons relating to the specificity of the air freight transport market, this Directive
does not cover this mode of transport.

The internal market is an area without internal borders in which the free movement of
goods  is  ensured.  The  regulations  concerning  this  free  movement  without  any
obstacles  to  trade  are  based  on  the  Council  resolution  of  7  May  198557  on  a  new
approach  to  technical  harmonisation  and  standards.  This  Directive  draws  its
inspiration from these principles.

(9)  Member States must allow, in accordance with Decision 93/465,58 intermodal loading
units bearing the CE marking and the symbols provided for in this Directive showing
that the period inspection has been carried out, to move freely on their territory, to be
placed  on  the  market,  to  be  used  for  any  transport  operation  or  to  be  used  in
accordance  with  their  intended  purpose,  without  requiring  further  assessment  for
reasons arising from the implementation of this Directive, or,  as far as  the European
intermodal  loading  unit  is  concerned,  without  requiring  conformity  with  further
technical requirements.

(10) 

(11) 

(12) 

57

58

It is appropriate that a Member State should be able to take measures, whilst keeping
the  Commission  informed,  to  limit  or  prohibit  the  placing  on  the  market  and  use  of
intermodal loading units, in particular, in cases where they present a particular risk to
the  safety  of  persons  and,  where  appropriate,  domestic  animals  or  property.  The
procedure has to be justified and transparent.

It is appropriate that a Member State should be able to take measures, whilst keeping
the  Commission  informed,  to  limit  or  prohibit  the  placing  on  the  market  and  use  of
intermodal loading units, when units which have the CE marking, the symbol referring
to the reassessment of these units and the symbol relating to the periodic inspection do
not conform. The procedure has to be justified and transparent.

In the context of the principles provided for in the Council resolution of 7 May 1985,
essential  requirements  in  terms  of  security,  safety,  handling,  securing,  strength  and
identification  which  are  required  for  intermodal  loading  units  and  European
intermodal loading units are provided for in this Directive in Annexes I and II. These

Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards - OJ C
136, 4.6.1985, p. 1-9.
Council  Decision  of  22  July  1993  concerning  the  modules  for  the  various  phases  of  the  conformity
assessment procedures and the rules for the affixing and use of the CE conformity marking, which are
intended to be used in the technical harmonisation directives - OJ L 220, 30.8.1993, p 23-39.

41

                                                
requirements  will  be  complemented  by  specific  requirements  which  are  essential  for
these
ensuring  interoperability.  The  intermodal  loading  units  must  meet  all 
requirements.

(13) 

In view of the objectives of this Directive and in order to make it easier to demonstrate
that  new  units  conform  to  the  requirements,  procedures  for  assessment  and  for
periodic inspections should be established. These procedures should be designed in the
light  of  the  importance  of  the  requirements  inherent  in  intermodal  loading  units.  An
adequate procedure or a choice between several procedures of equivalent value should
be provided for. The procedures adopted are in conformity with Decision 93/465.

(14)  The new intermodal loading units can be placed on the market and put in service only
if they conform to the requirements provided for in this Directive. This conformity is
shown by the assessment procedures provided for in Decision 93/465 and included in
Annex IV.

(15)  The periodic inspection is intended to check that the maintenance condition and wear
condition of the intermodal loading units  are compatible  with  safety  requirements.  It
will be carried out in accordance with the procedure in Annex V to this Directive.

(16)  The  units  covered  by  this  Directive  must  have  a  CE  marking  indicating  that  they
conform to the requirements of this Directive. The symbols relating to the harmonised
characteristics of the intermodal loading units should be separate from those indicating
that  the  unit  is  a  standardised  European  intermodal  loading  unit.  Each  intermodal
loading unit should indicate that  it has  passed its  previous periodic  inspection,  or, in
the  case  of  units  that  are  less  than  five  years  old,  that  they  have  not  yet  needed  to
undergo such an inspection, and showing the date for the next inspection.

(17) 

In order to achieve the objectives corresponding to the essential requirements provided
for in this Directive in Annexes I and II, harmonised standards for intermodal loading
units  and  for  European  intermodal  loading  units  should  be  developed.  There  should
also  be  provision  for  the  adoption  of  specific  requirements  for  interoperability  for
these units in accordance with the procedure indicated in Article 12.

(18)  The harmonised standards will be developed by European standardisation bodies on a
mandate from the Commission. If these standards are considered to be unsatisfactory
in  relation  to  the  two  types  of  requirements  provided  for  in  the  Directive,  the
Commission  or  the  Member  State  concerned  shall  refer  the  matter  to  the  standing
committee provided for in Directive 98/34/EC.59

(19)  Member States should designate inspection bodies entitled to carry out the conformity
assessment  and  periodic  inspection  procedures.  They  should  also  ensure  that  such
bodies  are  sufficiently  independent,  competent  and  impartial,  able  to  carry  out  the
tasks for which they have been designated and notified.

59

Directive  98/34/EC  of  the  European  Parliament  and  of  the  Council  of  22  June  1998  laying  down  a
procedure for the provision of information in the field of technical standards and regulations. OJ L 204,
21.07.1998, p. 37-48.

42

                                                
(20)  The International Convention for Safe Containers approved by the United Nations on
2  December  197260  contributes  to  this  aim  of  increasing  the  safety  of  intermodal
loading  units  and  European  intermodal  loading  units.  Most  Member  States  have
already  ratified  this  Convention,  in  accordance  with  Council  Recommendation
79/487/EEC.61

(21)  There needs to be a procedure to allow the Commission to amend certain Annexes to

this Directive.

(22)  There needs to be a procedure to allow the Commission to take the necessary measures
if the harmonised standards do not fully meet the requirements of this Directive.

(23)  The necessary measures need to be adopted for the implementation of this Directive in
conformity with Decision 99/468/EC of 28 June 1999 laying down the procedures for
the exercise of implementing powers conferred on the Commission.62

(24)  Provision  should  be  made  for  penalties  for  infringements  of  the  national  provisions

adopted pursuant to this Directive.

(25)  Arrangements  should  be  made  for  the  implementation  of  the  Directive  before  the
publication of the specifications in the Official Journal of the European Union.

(26)  Provision should be made for  transitional arrangements to enable intermodal loading
units  which  were  manufactured  before  the  entry  into  force  of  this  Directive  to  be
placed on the market or put into service even after this date.

HAVE ADOPTED THIS DIRECTIVE:

Article 1 - Purpose

This Directive lays down essential requirements and provides for the adoption of harmonised
standards and specific requirements for interoperability with a view to making the use of new
intermodal loading units more efficient and safer. It also lays down requirements and provides
for the adoption of harmonised standards and specific requirements for interoperability aimed
at  the  creation  of  a  European  intermodal  loading  unit.  It  sets  out  obligations  with  regard  to
conformity assessment and maintenance, as well as procedures for assessing the conformity,
and for the periodic inspection, of loading units used in intermodal transport.

1.

This Directive shall apply to:

Article 2 - Scope

a)

intermodal loading units and European intermodal loading units in existence on
the date of its entry into force;

60

61

62

CSC:  Convention  for  Safe  Containers,  adopted  on  2/12/1972,  entered  into  force  on  6/9/1977  and
amended  in  1981,  1983,  1991  and  1993,  which  can  be  found  on  the  International  Maritime
Organisation's website (www.imo.org).
OJ L 125, 22.5.1979, p. 18.
OJ L 184, 17.7.1999, p. 23.

43

                                                
b)

c)

intermodal  loading  units  manufactured,  placed  on  the  market,  put  into
circulation and / or used, which must meet the requirements set out in Annex I,
and the specific requirements for interoperability set out in Article 9;

new European intermodal loading units, which must meet the requirements set
out  in Annexes  I and  II,  and the specific  requirements  for  interoperability set
out in Article 9.

It  also  applies  to  loading  units  covered  in  paragraph  1,  used  exclusively  for  the
transport of goods between Community territory and third-country territory.

Air transport shall be excluded from the scope of this Directive.

2.

3.

For the purposes of this Directive:

Article 3 - Definitions

a)

b)

c)

d)

e)

f)

g)

h)

i)

"intermodal loading unit" means either a container or a swap body;

"European intermodal loading unit" means an intermodal loading unit constructed in
accordance  with  the  essential  requirements  set  out  in  Annexes  I  and  II  and  the
requirements for interoperability;

"container" means  a box  to carry freight,  strong  enough for  repeated use, stackable
and fitted with devices for transfer between modes;

"swap body" means a freight-carrying unit, used in Europe, optimised to road vehicle
dimensions  and  fitted  with  handling  devices  for  transfer  between  modes,  usually
road/rail;

"harmonised  standard"  means  a  technical  specification  adopted  by  a  recognised
standardisation  body  on  the  basis  of  a  mandate  given  by  the  Commission  in
accordance with the procedures laid down in Directive 98/34/EC for the purpose of
establishing a European requirement with which compliance is not mandatory.

"indication  of  periodic  inspection"  means  a  symbol  indicating  that  the  intermodal
loading unit has undergone a periodic inspection, or should undergo the first periodic
inspection,  and  has  been  deemed  to  conform  with  the  relevant  requirements.  This
indication  also  specifies  the  date  when  the  intermodal  loading  unit  is  scheduled  to
undergo the next periodic inspection provided for in Article 7;

"periodic inspection" means the inspections carried out to check the maintenance and
safety condition of the intermodal loading units, covered in points a), b), and c), in
accordance with the procedures provided for in Annex V;

“conformity assessment procedures” means those procedures set out in Annex IV;

“notified  body”  means  an  inspection  body  designated  by  the  national  competent
authority of a Member State in accordance with Article 10 and meeting  the  criteria
set out in Annex III.

44

Article 4 - Assessment of conformity of intermodal loading units

Before the intermodal loading units and European intermodal loading units are placed on the
market, the manufacturer or his authorised  representative  established within  the Community
must  submit  its  manufacturing  process  to  one  of  the  conformity  assessment  procedures
described in Annex IV under the conditions defined.

For the purpose of affixing the CE marking on the intermodal loading units, this conformity is
established by:

–  either  internal  manufacturing  checks,  using  module  A,  where  the  harmonised  standards

referred to in Article 9(3) are complied with;

–  or internal manufacturing checks, using module Aa;

–  or the unit verification procedure (module G);

–  or the full quality assurance procedure (module H).

1

2

3

4

5

Article 5 - Free circulation, restrictions and safeguard clauses

Member  States  may  not,  on  grounds  arising  from  the  implementation  of  this
Directive,  prohibit,  restrict  or  impede  the  placing  on  the  market  or  putting  into
service  on  their  territory  (including  transport,  storing,  handling  and  reloading)  of
intermodal loading units which conform to this Directive and / or, where appropriate,
the relevant harmonised standards published in the Official Journal of the European
Union pursuant to this Directive and which bear the CE conformity marking, as well
as the indication of periodic inspection in accordance with Article 8.

Member  States  presume  that  intermodal  loading  units  bearing  the  CE  marking  and
with the EC declaration of conformity provided for in Annex VII are in conformity
with the provisions of this Directive.

Where a  Member State finds that  a  unit  referred  to  in  Article  2,  which  is  correctly
maintained and used for its intended purpose, is liable to endanger the health and/or
safety  of  persons  and,  where  appropriate,  domestic  animals  or  property,  during
transport  and/or  use,  notwithstanding  the  fact  that  it  bears  a  CE  marking  and  an
indication of periodic inspection, it may restrict the placing on the market or use of
this unit or have it withdrawn from the market or from circulation. It shall forthwith
inform the Commission of this measure and indicate the reasons for its decision.

The  Commission  shall  consult  the  parties  concerned  as  soon  as  possible.  Where  it
finds,  after  this  consultation,  that  the  measure  is  warranted,  it  shall  immediately
inform  all  the  Member  States.  If  the  measure  proves  to  be  unwarranted,  the
Commission shall immediately inform the Member State that referred the matter as
well  as  the  manufacturer  or  his  authorised  representative  established  within  the
Community,  the  owner  or  his  authorised  representative  established  within  the
Community or the holder.

Where a unit referred to in Article 2 proves not to be in conformity, the competent
Member State shall take appropriate measures against the State which affixed the CE

45

6

7

8

1

2

3

1

marking  or  the  indication  of  periodic  inspection  and  shall  inform  the  Commission
and the other Member States as soon as possible.

The  Commission  shall  ensure  that  the  Member  States  are  kept  informed  of  the
progress and outcome of this procedure.

Where a Member State establishes that the CE marking or the indication of periodic
inspection  has  been  affixed  unduly,  the  owner  or  his  authorised  representative
established within the Community, the manufacturer or his authorised representative
established  within  the  Community,  or  the  holder  shall  be  obliged  to  end  the
infringement under the conditions imposed by the Member State.

Should non-conformity persist, the Member State shall take all appropriate measures
to  restrict  or  prohibit  the  placing  on  the  market,  transport  or  use  of  the  units  in
question or to ensure that it is withdrawn from the market or from circulation.

Any decision taken by a Member State pursuant to this Directive which has the effect
of restricting the placing on the market, transport or use of intermodal loading units
or requires their withdrawal from the market or from circulation shall state the exact
grounds on which it is based. Such a decision shall be notified forthwith to the party
concerned, who shall at the same time be informed of the legal remedies available to
him under the laws in the Member State concerned and of the time limits to which
such remedies are subject.

Article 6 - Monitoring relating to intermodal loading units

The  Member  States  shall  take  all  possible  measures  to  ensure  that  the  intermodal
units referred to in Article 3(a) and 3(b) cannot be placed on the market or put into
service if they compromise the safety and security of persons and, where appropriate,
domestic  animals  or  property  when  they  are  properly  installed  and  maintained  and
used as intended.

The provisions of this Directive do not affect the ability of the Member States to lay
down,  in  compliance  with  the  provisions  of  the  Treaty,  the  requirements  that  they
consider  necessary  to  ensure  the  protection  of  persons,  particularly  when  handling
the  units,  provided  that  this  does  not  involve  changes  being  made  to  these  units  in
relation to the Directive.

At trade fairs, exhibitions, demonstrations, etc., Member States shall not prevent the
showing of intermodal loading units as defined in Article 1 which do not conform to
the provisions of this Directive, provided that a visible sign clearly indicates that they
do  not  conform  and  that  they  are  not  for  sale  until  they  have  been  brought  into
conformity  by  the  manufacturer  or  his  authorised  representative  established  within
the Community. During demonstrations, adequate safety measures shall be taken, in
accordance  with  the  requirements  laid  down  by  the  competent  authority  of  the
Member State concerned, to ensure the protection of persons.

Article 7 - Maintenance and periodic inspection

Before  the  end  of  the  fifth  year  after  the  date  of  manufacture  of  an  intermodal
loading  unit  or  a  European  intermodal  loading  unit,  the  manufacturer  or  his

46

authorised  representative  established  within  the  Community,  the  owner  or  his
authorised  representative  established  within  the  Community  or  the  holder  must
submit it for the first inspection referred to in Article 3(e) in accordance with one of
the procedures referred to in Annex V.

For existing units, the first inspection should take place before 1 July 2007 or before
the end of the fifth year after their manufacture.

Existing or  new intermodal  loading units circulating  in  the  Community  or  used  for
the  transport  of  goods  between  Community  territory  and  third-country  territory  are
subject to periodic inspections at intervals not exceeding 24 months.

The  owner,  his  authorised  representative  established  within  the  Community  or  the
holder of the intermodal loading unit shall be responsible for maintaining it in a safe
condition.

The  deadline  (month  and  year)  for  the  next  periodic  inspection  of  the  intermodal
loading unit shall be clearly marked on the unit in a legible and indelible manner.

The intermodal loading units may be subjected to periodic inspection in any Member
State in accordance with the procedures set out in Annex V to this Directive.

Article 8 - CE marking and indication of periodic inspection

The  CE  marking  shall  consist  of  the  initials  "CE"  taking  the  form  of  the  specimen
given in Annex VI.

The CE marking must be  accompanied  by  the  identification  number  of  the notified
body involved in the production control stage.

The CE marking must be affixed in a visible, legible and indelible manner on each
intermodal loading unit.

The  affixing  of  markings  on  intermodal  loading  units  and  European  intermodal
loading units which are likely to deceive third parties as to the meaning and form of
the  CE  marking  shall  be  prohibited.  Any  other  marking  may  be  affixed  to  the
intermodal loading units, provided the visibility and legibility of the CE marking is
not thereby reduced.

Next to the CE marking, a symbol must be affixed taking the form of the specimen
given in Annex VII. This is different for intermodal loading units and for European
intermodal loading units.

The indication of periodic inspection shall mention the date of manufacture, the date
of the last inspection and the deadline for the next inspection. This indication shall be
affixed  by  the  inspection  body  and  take  the  form  of  the  specimen  given  in  Annex
VII.

Unduly affixed CE marking

a)  where  a  Member  State  establishes  that  the  CE  marking  and/or  the  indication  of
periodic  inspection  has  been  affixed  unduly,  the  manufacturer  or  his  authorised

47

2

3

4

1

2

3

4

5

6

representative  established  within  the  Community,  the  owner  or  his  authorised
representative  established  within  the  Community  or  the  holder,  shall  be  obliged  to
make the product conform to the provisions concerning the CE marking  and to end
the infringement under the conditions imposed by the Member State;

b)  should  non-conformity  persist,  the  Member  State  must  take  all  appropriate
measures to restrict or prohibit the placing on the market of the product in question
or to ensure that it is withdrawn from the market in accordance with the procedures
laid down in Article 5.

Article 9 - Requirements, harmonised standards and formal objections

The intermodal loading units and the European intermodal loading units referred to
in Article 1 must meet, respectively, the essential requirements set out in Annexes I
and II and the specific requirements for interoperability. The latter shall be adopted
and,  where  necessary,  revised  in  accordance  with  the  procedure  provided  for  in
Article 12(2).

The Commission shall publish the decisions relating to the specific requirements for
interoperability to be applied in the Official Journal of the European Union.

Member States shall presume that intermodal loading units and European intermodal
loading  units  bearing  the  CE  marking  provided  for  in  Article  8  and  with  the  EC
declaration of  conformity provided  for in Annex VII  are in  conformity  with all the
relevant provisions of this Directive.

The  intermodal  loading  units  and  the  European  intermodal  loading  units  which
conform to the harmonised standards for which references have been published in the
Official  Journal  of  the  European  Union  are  presumed  to  be  in  conformity  with  the
essential requirements and the specific requirements for interoperability.

Where a Member State or the Commission considers that the harmonised standards
referred  to  in  paragraph  3  are  not  in  conformity  with  the  essential  requirements
referred  to  in  Annexes  I  and  II  and/or  to  the  specific  requirements  for
interoperability,  this  Member  State  or  the  Commission  shall  refer  the  matter  to  the
standing committee provided for in Directive 98/34/EC.

In  the  light  of  the  Committee's  opinion,  the  Commission  shall  inform  the  Member
States whether or not it is necessary  to withdraw  the  standards  concerned  from  the
publications referred to in paragraph 3.

Article 10 - Notified bodies

The Member States shall notify the Commission and the other Member States of the
list of notified bodies established within the Community which they have designated
to carry out the procedures referred to in Annexes IV and V and the specific tasks for
which these bodies have been designated and the identification numbers assigned to
them beforehand by the Commission.

The Commission shall publish in the Official Journal of the European Union the list
of  the  notified  bodies,  together  with  their  identification  numbers  and  the  tasks  for

48

1

2

3

4

1

2

3

which they have been notified. The Commission shall ensure that this list is kept up
to date.

Member  States  shall  apply  the  criteria  set  out  in  Annex  III  for  the  designation  of
notified bodies.

A Member State which has notified a body shall withdraw such notification if it finds
that the body no longer meets the criteria referred to in paragraph 2.

It shall forthwith inform the Commission and the other Member States of any  such
withdrawal of notification.

Article 11 - Adaptation of Annexes

The amendments necessary for adapting Annexes I and II to this Directive shall be adopted in
accordance with the procedure laid down in Article 12.

Article 12 - Committee

1

2

3

The  Commission  shall  be  assisted  by  a  regulatory  committee  composed  of
representatives  of  the  Member  States  and  chaired  by  the  representative  of  the
Commission.

Where reference is made to this Article, Articles 5 and 7 of Decision 99/468/EC shall
apply, having regard to the provisions of Article 8 thereof.

The Committee shall adopt its own rules of procedure. The Committee may consider
any question relating to the implementation or practical application of this Directive
which is referred to it by its chairman either on his own initiative or at the request of
the representative of a Member State.

Article 13 - Penalties

The  Member  States  shall  determine  the  penalties  applicable  in  case  of  infringements  of  the
national provisions adopted pursuant to this Directive and shall adopt any measure necessary
to ensure the implementation of such penalties. Penalties must be effective, proportionate and
dissuasive.

The Member States shall  notify the Commission of  these provisions  not later  than  one  year
after  the  entry  into  force  of  this  Directive  and  shall  inform  it  of  any  subsequent  changes  to
these provisions as soon as possible.

Article 14 - Implementation

1

The  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative
provisions necessary to comply with this Directive by 1 July 2005 at the latest. They
shall forthwith inform the Commission thereof.

49

2

3

When  the  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to
this Directive or be accompanied by such a reference on the occasion of their official
publication. Member States shall determine how such a reference is to be made.

Article 4 shall not apply to intermodal loading units which were manufactured before
the  date  indicated  in  paragraph  1  and  put  into  circulation  up  until  six  months  after
that date.

This  Directive  shall  enter  into  force  on  the  20th  day  following  that  of  its  publication  in  the
Official Journal of the European Union.

Article 15

Article 16

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament
The President

For the Council
The President

50

Essential requirements for intermodal loading units

ANNEX I

To  facilitate  the  handling  of  intermodal  loading  units  between  two  modes  of  transport  and
intermodality in general, they have to comply,  by class  and  category, with the  requirements
listed  in  this  Annex.  These  requirements  ensure  maximum  interoperability  of  intermodal
loading units between road, rail, inland waterways and shipping.

Safety and security:

Comply with the relevant provisions of the International Convention
for Safe Containers concluded in Geneva on 2 December 1972.

Handling:

Securing:

Strength:

Minimise risk of damage in and between modes of transport.

Equip  all  new  intermodal  loading  units  with  anti-intrusion  alarm
devices, for example a state-of-the-art electronic seal.

Enable  efficient  manipulation,  inter  alia  by  means  of  handling
equipment adapted to ISO containers.

Make securing devices compatible with the four modes of transport.

ILUs must not break or open if they are accidentally dropped.

ILUs  must  be  able  to  withstand  everyday  knocks  during  handling
without  causing  any  damage  which  might  lead  to  the  indication  of
periodic inspection not being affixed.

Coding and
identification of units:

Use state-of-the-art electronic coding and identification.

Intermodal loading units which are used in road transport must comply with the requirements
of Directive 96/53/EC.

51

Essential requirements for the European intermodal loading unit

ANNEX II

The European intermodal  loading unit is  the optimum loading unit  for  transporting  general-
purpose dry cargo by road, rail, inland waterways and short sea shipping.

In  addition  to  the  requirements  referred  to  in  Annex  I,  which  apply  to  all  new  intermodal
loading units, EILUs must meet the additional requirements below:

Weight and dimensions:

Comply with the provisions of Directive 96/53.63

Type:

General-purpose dry cargo box.

Internal length:

It should allow:

(cid:1)  11 units of 1200 mm, for the long version

(cid:1)  6 units of 1200 mm, for the short version

to  be  placed  lengthways,  with  the  necessary  margins  for
manoeuvre.

It  should  allow  two  europallets  (1  200  x  800  mm)  or  two  UK
pallets (1 200 x 1 000 mm) to be placed lengthways (i.e. 2 x 1200
mm)  or  three  europallets  to  be  placed  widthways  (i.e.  3  x  800
mm) side by side, allowing sufficient margins for manoeuvre.

Internal width:

External height:

2670 mm

Strength of construction: The  reference  document  for  the  strength  values  is  the  ISO  1496
series of standards, where applicable.

-

Stackability up to four loaded long units in sea conditions.

Stackability  corresponding  to  ISO  20'  containers  for

-
loaded short units.

Sufficient racking strength for carriage in the above height

-
of stacks by inland waterway and short sea shipping.

-

Top lifting capability.

63

OJ L 235, 17.9.1996, p. 59.

52

                                                
Minimum criteria to be met for the designation of the notified bodies referred to in Article
10

ANNEX III

1

2

3

4

5

6

7

The  body,  its  director  and  the  staff  responsible  for  carrying  out  assessments  and
verifications must not be the designer, manufacturer, supplier, installer or user of the
intermodal loading units which that body inspects, nor the authorised representative
of  any  of  these  parties.  They  must  not  be  able  to  intervene  directly  in  the  design,
construction,  marketing  or  maintenance  of  these  units,  nor  represent  the  parties
engaged  in  these  activities.  This  does  not  preclude  the  possibility  of  exchanges  of
technical information between the manufacturer of units and the notified body.

The  body  and  its  staff  must  carry  out  the  assessments  and  verifications  with  the
highest  degree of professional integrity  and  technical  competence  and  must  be  free
from  all  pressures  and  inducements,  particularly  financial,  which  might  influence
their  judgement  or  the  results  of  their  work,  especially  from  persons  or  groups  of
persons with an interest in the results of verification.

The  body  must  have  at  its  disposal  the  necessary  staff  and  possess  the  necessary
means to enable it to perform properly the administrative and technical tasks relating
to the inspections or monitoring. It should also have access to the equipment needed
for exceptional checks.

The staff responsible for inspection must have:

– 

– 

– 

sound technical and professional training;

satisfactory  knowledge  of  the  requirements  of  the  tests  they  carry  out  and
adequate experience of such tests;

the ability required to draw up the certificates, records and reports required to
authenticate the performance of the tests.

The impartiality of inspection staff shall be guaranteed. Their remuneration must not
depend on the number of tests carried out or on the results of such tests.

The body must take out civil liability insurance unless its liability is assumed by the
State  in  accordance  with  national  law  or  the  Member  State  itself  is  directly
responsible for the inspections.

The  staff  of  the  body  must  be  bound  by  professional  secrecy  (except  vis-à-vis  the
competent  administrative  authorities  of  the  State  in  which  its  activities  are  carried
out)  with  regard  to  all  information  it  acquires  in  carrying  out  its  tasks  under  this
Directive or any provision of national law giving effect to it.

53

Conformity assessment procedures

ANNEX IV

An  intermodal  loading  unit  must  be  subject,  at  the  choice  of  the  manufacturer,  or  his
authorised  representative  established  within  the  Community,  to  one  of  the  conformity
assessment procedures provided for in Article 6 and laid down in this Annex:

– 

– 

– 

– 

either  internal  manufacturing  checks,  using  module  A,  where  the  harmonised
standards referred to in Article 9(3) are complied with;

or internal manufacturing checks, using module Aa;

or the unit verification procedure (module G);

or the full quality assurance procedure (module H).

Module A (internal production control)

1

2

3

This  module  describes  the  procedure  whereby  the  manufacturer,  or  his  authorised
representative  established  within  the  Community  who  fulfils  the  obligations  laid
down  in  Part  II,  ensures  and  declares  that  the  intermodal  loading  units  satisfy  the
requirements  of  the  Directive  which  apply  to  them.  The  manufacturer,  or  his
authorised representative established within the Community, must affix the relevant
mark to all intermodal loading units and draw up a written declaration of conformity.

The  manufacturer  must  draw  up  the  technical  documentation  described  in  point  3,
and  either  the  manufacturer  or  his  authorised  representative  established  within  the
Community  must  keep  it  at  the  disposal  of  the  relevant  national  authorities  for
inspection purposes for a period of 10 years after the last of the intermodal loading
units  has  been  manufactured.  Where  neither  the  manufacturer  nor  his  authorised
representative  is  established  within  the  Community,  the  obligation  to  keep  the
technical documentation available is the responsibility of the person who places the
intermodal loading units on the Community market.

The  technical  documentation  must  enable  an  assessment  to  be  made  of  the
conformity  of  the  intermodal  loading  units  with  the  relevant  requirements  of  the
Directive.  It  must,  as  far  as  is  relevant  for  this  assessment,  cover  the  design,
manufacture and operation of the intermodal loading units and contain:

– 

– 

– 

– 

– 

a general description of the intermodal loading units,

the  conceptual  design  and  manufacturing  drawings  and  diagrams  of
components, sub-assemblies, circuits, etc.,

the  descriptions  and  explanations  necessary  for  an  understanding  of  the  said
drawings and diagrams and the operation of the intermodal loading units,

a  description  of  the  solutions  adopted  to  meet  the  requirements  of  the
Directive,

results of the design calculations, examinations carried out, etc.,

54

– 

test reports.

4

5

The  manufacturer,  or  his  authorised  representative  established  within 
the
Community,  must  keep  a  copy  of  the  declaration  of  conformity  with  the  technical
documentation.

The manufacturer must take all measures necessary to ensure that the manufacturing
process  requires  the  manufactured  intermodal  loading  units  to  comply  with  the
requirements  of  the  technical  documentation  referred  to  in  Part  II  and  with  the
requirements of the Directive which apply to them.

Module Aa (internal manufacturing checks with monitoring of the final assessment)

In addition to the requirements of module A, the following provisions apply:

Final  assessment  must  be  subject  to  monitoring  in  the  form  of  unannounced  visits  by  a
notified body chosen by the manufacturer.

During such visits, the notified body must:

– 

– 

ensure that the manufacturer actually performs the final assessment,

take  samples  of  intermodal  loading  units  at  the  manufacturing  or  storage
premises in order to conduct checks. The notified body assesses the number of
intermodal loading units to sample and  whether  it is  necessary  to  perform, or
have performed, all or part of the final assessment of the unit samples.

Should one or more of the intermodal loading units not conform, the notified body must take
appropriate measures.

Under  the  responsibility  of  the  notified  body,  the  manufacturer  must  affix  that  body's
identification number to each intermodal loading unit.

Module G (EC unit verification)

1

2

This module describes the procedure whereby the manufacturer ensures and declares
that the intermodal loading unit, which has been issued with the certificate referred to
in  point  4.1,  satisfies  the  requirements  of  the  Directive  which  apply  to  it.  The
manufacturer,  or  his  authorised  representative  established  within  the  Community,
must affix the relevant marking to the unit and draw up a declaration of conformity.

The  manufacturer  must  apply  to  a  notified  body  of  his  choice  for  unit  verification.
The application must contain:

– 

– 

the  name  and  address  of  the  manufacturer  and  the  location  of  the  intermodal
loading unit,

a  written  declaration  that  the  same  application  has  not  been  lodged  with  any
other notified body,

– 

technical documentation.

55

3

The technical documentation must enable the  conformity  of  the  intermodal  loading
unit with the requirements of the Directive which apply to it to be assessed and the
design, manufacture and operation of the  intermodal loading unit to be understood.
The technical documentation must contain:

– 

– 

– 

– 

– 

– 

a general description of the unit in question,

conceptual  design  and  manufacturing  drawings  and  diagrams  of  components,
sub-assemblies, circuits, etc.,

the  descriptions  and  explanations  necessary  for  an  understanding  of  the  said
drawings and diagrams and the operation of the intermodal loading units,

results of the design calculations made, examinations carried out, etc.,

test reports,

appropriate  details  relating  to  the  approval  of  the  manufacturing  and  test
procedures and of the qualifications or approvals of the staff concerned.

4

4.1

4.2

The  notified  body  must  examine  the  design  and  construction  of  each  intermodal
loading  unit  and  during  manufacture  perform  appropriate  tests  to  ensure  its
conformity with the requirements of the Directive which apply to it.

The  notified  body  must  affix  its  identification  number  or  have  it  affixed  to  each
intermodal loading unit and draw up a certificate of conformity for the tests carried
out. This certificate must be kept for a period of 10 years.

The  manufacturer,  or  his  authorised  representative  established  within 
the
Community,  must  ensure  that  the  declaration  of  conformity  and  certificate  of
conformity issued by the notified body can be made available on request.

In particular, the notified body must:

– 

– 

– 

– 

– 

examine  the  technical  documentation  with  respect  to  the  design  and  the
manufacturing procedures,

assess  the  materials  used where  these  are  not  in  conformity  with  the  relevant
provisions  of  the  Directive  and  check  the  certificate  issued  by  the  materials
manufacturer,

approve the procedures for the permanent joining of loading unit parts,

verify the qualifications or approvals required,

perform  the  final  inspection,  perform  the  proof  test  or  have  it  performed  and
examine the safety devices if applicable.

Module H (full quality assurance)

1

This  module  describes  the  procedure  whereby  the  manufacturer  who  satisfies  the
obligations in point 2 must ensure and declare that the products concerned meet the
requirements  of  the  Directive  which  apply  to  them.  The  manufacturer,  or  his

56

authorised  representative  established  within  the  Community,  must  affix  the  CE
marking  to  each  product  and  draw  up  a  written  declaration  of  conformity.  The  CE
marking  must  be  accompanied  by  the  identification  number  of  the  notified  body
responsible for the surveillance referred to in point 4.

The manufacturer must operate an approved quality system for design, manufacture
and final product inspection and testing as specified in point 3 and shall be subject to
the surveillance referred to in point 4.

Quality system

The  manufacturer  must  lodge  an  application  for  assessment  of  his  quality  system
with a notified body.

2

3

3.1

The application shall include:

– 

– 

all relevant information for the category of product envisaged;

the documentation relating to the quality system.

3.2

The quality system must ensure compliance of the products with the requirements of
the Directive which apply to them.

All the elements, requirements and provisions adopted by the manufacturer must be
documented  in  a  systematic  and  orderly  manner  in  the  form  of  written  policies,
procedures  and  instructions.  This  quality  system  documentation  shall  ensure  a
common  understanding  of  the  quality  policies  and  procedures  such  as  quality
programmes, plans, manuals and records.

It shall contain in particular an adequate description of:

– 

– 

– 

– 

– 

– 

the  quality  objectives  and  the  organisational  structure,  responsibilities  and
powers of the management with regard to design and product quality;

the technical design specifications, including the standards that will be applied
and,  where  the  standards  referred  to  in  Article  5  are  not  applied  in  full,  the
means  that  will  be  used  to  ensure  that  the  essential  requirements  of  the
Directive that apply to the products will be met;

the design control and design verification techniques, processes and systematic
actions that will be used when designing the products pertaining to the category
of products covered;

the  corresponding  manufacturing,  quality  control  and  quality  assurance
techniques, processes and systematic actions that will be used;

the  examinations  and  tests  that  will  be  carried  out  before,  during  and  after
manufacture, and the frequency with which they will be carried out;

the  quality  records,  such  as  inspection  reports  and  test  data,  calibration  data,
qualification reports of the personnel concerned, etc.;

57

– 

the  means  to  monitor  the  achievement  of  the  required  design  and  product
quality and the effective operation of the quality assurance system.

3.3

The notified body shall assess the quality system to determine whether it satisfies the
requirements  referred  to  in  point  3.2.  It  shall  presume  compliance  with  these
requirements  in  respect  of  quality  systems  that  implement  the  relevant  harmonised
standard.

The  technical  documentation  must  enable  an  assessment  to  be  made  of  the
conformity  of  the  intermodal  loading  units  with  the  relevant  requirements  of  the
Directive.  It  must,  as  far  as  is  relevant  for  this  assessment,  cover  the  design,
manufacture and operation of the intermodal loading units and contain:

– 

– 

– 

– 

– 

– 

a general description of the intermodal loading units,

the  conceptual  design  and  manufacturing  drawings  and  diagrams  of
components, sub-assemblies, circuits, etc.,

the  descriptions  and  explanations  necessary  for  an  understanding  of  the  said
drawings and diagrams and the operation of the intermodal loading units,

a  description  of  the  solutions  adopted  to  meet  the  requirements  of  the
Directive,

results of the design calculations, examinations carried out, etc.,

test reports.

The auditing team must have at least one member experienced as an assessor in the
product technology concerned. The evaluation procedure shall include an assessment
visit to the manufacturer's premises.

The decision shall be notified to the manufacturer. The notification shall contain the
conclusions of the examination and the reasoned assessment decision.

3.4

The manufacturer shall undertake to fulfil  the  obligations  arising  out  of  the  quality
system as approved and to uphold it so that it remains adequate and efficient.

The manufacturer or his authorised representative must keep the notified body which
has  approved  the  quality  system  informed  of  any  intended  updating  of  the  quality
system.

The  notified  body  must  assess  the  proposed  changes  and  decide  whether  the
amended  quality  system  will  still  satisfy  the  requirements  referred  to  in  3.2  or
whether a reassessment is required.

It  must  notify  its  decision  to  the  manufacturer.  The  notification  shall  contain  the
conclusions of the examination and the reasoned assessment decision.

4

4.1

EC surveillance under the responsibility of the notified body

The  purpose  of  surveillance  is  to  ensure  that  the  manufacturer  duly  fulfils  the
obligations arising out of the approved quality system.

58

4.2

The  manufacturer must allow the  notified body  entrance  for  inspection  purposes  to
the  places  of  design,  manufacture,  inspection  and  testing,  and  storage,  and  shall
provide it with all necessary information, in particular:

– 

– 

– 

the documentation relating to the quality system;

the  quality  records  as  provided  for  by  the  design  part  of  the  quality  system,
such as results of analyses, calculations, tests, etc.;

the  quality  records  as  provided  for  by  the  manufacturing  part  of  the  quality
system, such as inspection reports and test data, calibration data, qualification
reports of the personnel concerned, etc.

The  notified  body  must  carry  out  audits  every  year  to  make  sure  that  the
manufacturer  maintains  and  applies  the  quality  system  and  shall  provide  an  audit
report to the manufacturer.

In addition, the notified body may pay unexpected visits to the manufacturer. At the
time of such visits, the notified body may carry out tests or have them carried out in
order to check whether the proper functioning of the quality system where necessary.
The notified body shall provide the manufacturer with a visit report and, if a test has
taken place, with a test report.

The  manufacturer  must,  for  a  period  ending  ten  years  after  the  last  component  has
been manufactured, keep at the disposal of the national authorities:

– 

– 

– 

the documentation referred to in the second indent of the second paragraph of
3.1,

the adjustments referred to in the second paragraph of 3.4,

the  decisions  and  reports  from  the  notified  body  which  are  referred  to  in  the
last paragraph of point 3.4, and in points 4.3 and 4.4.

Each notified body shall forward to the other notified bodies the relevant information
concerning the quality system approvals issued and withdrawn.

4.3

4.4

5

6

59

ANNEX V

Procedures for periodic inspection

The periodic inspection must follow one of the two procedures below:

Module 1 (periodic inspection of products)

1

2

3

3.1

3.2

3.3

the  owner,  his  authorised
This  module  describes 
representative  established  within  the  Community  or  the  holder  ensures  that  the
intermodal loading unit continues to meet the requirements of this Directive.

the  procedure  whereby 

To  meet  the  requirements  referred  to  in  point  1,  the  owner,  his  authorised
representative  established  within  the  Community  or  the  holder  must  take  all
measures  necessary  to  make  sure  that  the  conditions  of  use  and  of  maintenance
ensure the continued conformity of the intermodal loading unit with the requirements
of this Directive, in particular that:

– 

– 

– 

the intermodal loading unit is used as intended,

where appropriate, any maintenance work or repairs are carried out,

the periodic inspections necessary are also carried out.

The measures carried out must be recorded in documents and kept at the disposal of
the national authorities by the owner, his authorised representative established within
the Community or the holder.

The inspection body must perform the appropriate examinations and tests in order to
check the conformity of the intermodal loading unit with the relevant requirements of
the Directive.

All intermodal loading units must be examined individually and appropriate tests, as
set out in the European specifications, must be carried out in order to check that the
units meet the requirements of this Directive.

The  inspection  body  must  affix  its  identification  number  or  have  it  affixed  to  each
product  which is subject  to  a  periodic  inspection,  immediately  after  the  date  of  the
inspection and draw up a written periodic inspection certificate. This certificate may
cover a number of individual units.

The  owner,  his  authorised  representative  established  within  the  Community  or  the
holder must keep the periodic inspection certificate required under point 3.2, and the
documents required under point 2 at least until the next periodic inspection.

Module 2 (periodic inspection through quality assurance)

1

the  procedure  whereby 

This  module  describes 
the  owner,  his  authorised
representative  established  within  the  Community  or  the  holder,  who  satisfies  the
obligations  referred  to  in  point  2,  ensures  and  declares  that  the  intermodal  loading
unit continues to meet the requirements of the Directive. The owner, his authorised
representative established within the Community or the holder must affix the date of
the  periodic  inspection  to  all  intermodal  loading  units  and  draw  up  a  written

60

declaration of conformity. The date of the periodic inspection must be accompanied
by  the  identification  number  of  the  notified  body  responsible  for  surveillance  as
specified in point 4;

2

The  owner,  his  authorised  representative  established  within  the  Community  or  the
holder must  take all  steps necessary to make sure that  the  conditions  of  use  and  of
maintenance ensure the continued conformity of the intermodal loading unit with the
requirements of this Directive, and in particular that:

– 

– 

– 

the intermodal loading unit is used as intended,

where appropriate, any maintenance work or repairs are carried out,

the periodic inspections necessary are also carried out.

The measures carried out must be recorded in documents and kept at the disposal of
the national authorities by the owner, his authorised representative established within
the Community or the holder.

The  owner,  his  authorised  representative  established  within  the  Community  or  the
holder must ensure that the qualified staff and necessary facilities within the meaning
of points 3 to 7 of Annex III are available for the purpose of the periodic inspections.

The  owner,  his  authorised  representative  established  within  the  Community  or  the
holder must operate an approved quality system for the periodic inspection and tests
of the units as specified in point 3, and be subject to surveillance as specified in point
4.

3

Quality system

The  provisions  described  in  Annex  IV,  module  H,  of  this  Directive  can  also  be
applied, mutatis mutandis, to the periodic inspections.

61

ANNEX VI

CE marking and other symbols

1

CE marking

The CE  marking  shall  consist of  the initials "CE"  taking  the  form  of  the  following
specimen:

2

2.1

Distinctive symbols

ILUs

On ILUs which conform to the requirements of this Directive, immediately below the
CE  marking,  the  UCI  symbol  is  affixed.  This  symbol  shall  consist  of  the  initials
"UCI" taking the form of the following specimen:

2.2

EILUs

On EILUs which conform to the requirements of this Directive, immediately below
the CE marking, the UECI symbol is affixed. This symbol shall consist of the initials
"UECI" taking the form of the following specimen:

3

Indication of periodic inspection

Any ILU used on Community territory shall bear the indication:

–  of its date of manufacture, consisting of the initials "DF" followed by four figures:

two for the month and two for the year.

–  of the date of the last inspection, consisting of the symbol "D1" followed by four

figures: two for the month and two for the year.

62

–  of the deadline for the next inspection, consisting of the symbol "D2" followed by

four figures: two for the month and two for the year.

This symbol shall be affixed taking the form of the following specimen:

4

Common provisions

If the CE marking is reduced or enlarged, the proportions given in the above drawing
must be respected.

The  various  components  of  the  CE  marking  and  of  the  symbols  must  have
substantially the same vertical dimension, which may not be less than 5 cm

However,  the  figures  used  may  be  freely  changed  provided  that  they  are  Arabic
numerals of the same height as the other components of the symbol.

63

DECLARATION OF CONFORMITY

ANNEX VII

The EC declaration of conformity must contain the following information:

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

the  name  and  address  of  the  manufacturer,  or  of  his  authorised  representative
established within the Community;

the description of the intermodal loading unit concerned (or of the series);

the conformity assessment procedure followed;

where appropriate, the name and address of the notified body which carried out the
inspection;

where appropriate, a reference to the EC type-examination certificate, the EC design
examination certificate or the EC certificate of conformity;

where  appropriate,  the  name  and  address  of  the  notified  body  monitoring  the
manufacturer's quality system;

where appropriate, reference to the harmonised standards applied;

where appropriate, the other technical specifications which were used;

where appropriate, the references to other Community directives applied;

particulars of the signatory authorised to sign the legally binding declaration for the
manufacturer or his authorised representative established within the Community.

64

LEGISLATIVE FINANCIAL STATEMENT

Policy area(s): Energy and Transport

Activit(y/ies): Inland, Air and Maritime Transport Policy

Title of action: Directive of the European Parliament and of the Council on intermodal
loading units

1.

BUDGET LINE(S) + HEADING(S)

A07031 – Obligatory Committees

2.

OVERALL FIGURES

2.1.

Total allocation for action (Part B): € million for commitment

906.000 €

2.2.

Period of application:

Three years as of adoption of the Directive

2.3.

Overall multiannual estimate of expenditure:

(a)

Schedule  of  commitment  appropriations/payment  appropriations 
intervention) (see point 6.1.1)

(financial

€ million ( to three decimal places)

[n+1]

[n+2]

[n+3]

[n+4]

Year
[n]

Total

[n+5
and
subs.
Years
]

Commitments

Payments

(b)

Technical and administrative assistance and support expenditure(see point 6.1.2)

Commitments

Payments

Subtotal a+b

Commitments

Payments

65

(c)

Overall  financial  impact  of  human  resources  and  other  administrative  expenditure
(see points 7.2 and 7.3)

Commitments/
payments

302.000 €

302.000 €

302.000 €

TOTAL a+b+c

Commitments

Payments

302.000 €

302.000 €

302.000 €

302.000 €

302.000 €

302.000 €

2.4.

Compatibility with financial programming and financial perspective

[X] Proposal is compatible with existing financial programming.

[…] Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial

perspective.

[…] Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional

Agreement.

2.5.

Financial impact on revenue:

[X] Proposal  has  no  financial  implications  (involves  technical  aspects  regarding

implementation of a measure)

OR

[…] Proposal has financial impact – the effect on revenue is as follows:

(NB All details and observations relating to the method of calculating the effect on
revenue should be shown in a separate annex.)

(€ million to one decimal place)

Budget line

Revenue

Prior to
action
[Year n-
1]

[Year
n]

Situation following action

[n+1]

[n+2]

[n+3]

[n+4]

[n+5]

a) Revenue in absolute terms

b) Change in revenue

 (cid:1)

(Please specify each budget line involved, adding the appropriate number of rows
to the table if there is an effect on more than one budget line.)

66

3.

BUDGET CHARACTERISTICS

Type of expenditure

New

EFTA
contribution

Contributions
form applicant
countries

Heading in
financial
perspective

Diff/
Non-diff

YES

YES

YES

N° [3]

4.

LEGAL BASIS

Art. 71 and 80 of the Treaty.

5.

DESCRIPTION AND GROUNDS

5.1.

Need for Community intervention

5.1.1. Objectives pursued

To  propose  an  optimal  intermodal  loading  unit  combining  the  advantages  of  swap  bodies
(capacity)  with  those  of  containers  (strength)  with  a  view  to  reducing  the  congestion  of
infrastructures.

To standardise the handling and securing interfaces of new intermodal loading units in order
to reduce the average handling time.

To make it compulsory to equip any new intermodal loading unit with effective security and
safety  devices  in  order  to  combat  the  risk  of  stowaways  entering  the  units  or  undeclared
materials being added.

To make it an obligation for all intermodal loading units, including existing ones, to undergo
periodic inspections in order to make a satisfactory level of maintenance compulsory.

5.1.2. Measures taken in connection with ex ante evaluation

Not applicable

5.1.3. Measures taken following ex post evaluation

Not applicable

5.2.

Action envisaged and budget intervention arrangements

Not applicable

5.3.

Methods of implementation

6.

FINANCIAL IMPACT

Not applicable

67

6.1.

Total financial impact on Part B - (over the entire programming period)

(The method of calculating the total amounts set out in the table below must be explained by
the breakdown in Table 6.2. )

6.1.1.

Financial intervention

Commitments (in € million to three decimal places)

Breakdown

[Year n]

[n+1]

[n+2]

[n+3]

[n+4]

Total

[n+5 and
subs.
Years]

Action 1

Action 2

etc.

TOTAL

6.1.2.

Technical  and  administrative  assistance,  support  expenditure  and  IT  expenditure
(commitment appropriations)

[Year n]

[n+1]

[n+2]

[n+3]

[n+4]

Total

[n+5 and
subs.
years]

1) 
administrative assistance

Technical 

and

Technical 

a) 
offices

assistance

b)  Other 
administrative assistance:

technical 

and

- intra muros:

- extra muros:

of  which  for  construction
of
maintenance 
and 
computerised  management
systems

Subtotal 1

2) Support expenditure

a) Studies

b) Meetings of experts

c) Information and
publications

Subtotal 2

TOTAL

68

6.2.

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire
programming period)

(Where  there  is  more  than  one  action,  give  sufficient  detail  of  the  specific  measures  to  be
taken for each one to allow the volume and costs of the outputs to be estimated.)

Breakdown

Commitments (in € million to three decimal places)

Type
of outputs
(projects, files )

Number of
outputs

Average unit
cost

(total for years
1…n)

Total cost

(total for years
1…n)

1

2

3

4=(2X3)

Action 1

- Measure 1

- Measure 2

Action 2

- Measure 1

- Measure 2

- Measure 3

etc.

TOTAL COST

If necessary explain the method of calculation

7.

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE

7.1.

Impact on human resources

Types of post

Staff to be assigned to management of the
action using existing and/or additional
resources

Number of
permanent posts

Number of
temporary posts

Total

Officials 
temporary staff

or

A

B

C

Other human resources

Total

1

1

1

1

2

2

Description of tasks deriving from the
action

If necessary, a fuller description of the
tasks may be annexed.

69

7.2.

Overall financial impact of human resources

Type of human resources

Amount (€)

Method of calculation  *

Officials

Temporary staff

Other human resources

108.000 €

108.000 €

(specify budget line)

Total

216.000 €

The amounts are total expenditure for twelve months.

7.3.

Other administrative expenditure deriving from the action

Amount €

Method of calculation

86.000 €

700 € x 15 x 4 = 42.000 €

1.100 € x 10 x 4 = 44.000 €

Budget line

(number and heading)

Overall allocation (Title A7)

A0701 – Missions

A07030 – Meetings
A07031 – Compulsory committees 1
A07032 – Non-compulsory committees 1

A07040 – Conferences

A0705 – Studies and consultations

Other expenditure (specify)

Information systems (A-5001/A-4300)

Other expenditure - Part A (specify)

Total

86.000 €

The amounts are total expenditure for twelve months.

1 Specify the type of committee and the group to which it belongs.

I.

II.

III.

8.

8.1.

8.2.

Annual total (7.2 + 7.3)

Duration of action

Total cost of action (I x II)

302.000 €

3 years

906.000 €

FOLLOW-UP AND EVALUATION

Not applicable

Follow-up arrangements

Arrangements and schedule for the planned evaluation

9.

ANTI-FRAUD MEASURES

70

IMPACT ASSESSMENT FORM
THE IMPACT OF THE PROPOSAL ON BUSINESS WITH SPECIAL REFERENCE
TO SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs)

TITLE OF PROPOSAL

Proposal  for  Directive  2002/…/EC  of  the  European  Parliament  and  of  the  Council  on
intermodal loading units.

DOCUMENT REFERENCE NUMBER

COM(…)…..final.

THE PROPOSAL

1.

Taking  account  of  the  principle  of  subsidiarity,  why  is  Community  legislation
necessary in this area and what are its main aims?

Under Articles 3(1)(f) and (l) of the Treaty, the activities of the Community include a
common  policy  in  the  sphere  of  transport  and  a  policy  in  the  sphere  of  the
environment. Further, under Article 14, the Community's obligations include the free
movement  of  goods,  and,  under  Article  71(1),  the  Community's  transport  policy
includes  measures  to  improve  transport  safety,  an  area  where  it  shares  jurisdiction
with  the  Member  States.  Article  80(2)  is  the  legal  basis  needed  to  include  the
maritime sector in the proposal.

This problem has a Community dimension:

–  The  creation  of  the  single  market  requires  better  movement  of  goods,  and
congestion  caused  by  road  freight  is  a  problem  facing  all  Member  States  to
varying  degrees.  About  20%  of  road  freight  transport  is  international.  This
segment  presents  the  highest  growth  rates.  Member  States  on  their  own  cannot
resolve,  in  an  optimal  way,  the  problems  related  to  the  constant  increase  in
international road freight.

–  The  European  Parliament,  the  Council  and  the  Commission  have  identified  the
lack  of  harmonisation  and  standardisation  of  ILUs  as  an  area  that  hinders  the
development of intermodality. Currently the handling characteristics of ILUs vary
considerably: there are standardised containers, swap bodies and various types of
purpose-built ILUs on the market. Considerable effort is required to identify, on a
case-by-case  basis,  the  handling  characteristics  of  any  single  ILU.  Also  the
handling  equipment  often  has  to  be  adjusted  or  even  changed  for  certain
configurations.  This  complicates  and  delays  handling  operations  and  adds
unnecessary costs to intermodality. Community action is necessary to rectify this
situation.

–  Most Member States have ratified the 'Convention for Safe Containers' adopted at
international  level.  This  Convention  provides  for  the  approval  of  containers  and
their  periodic  inspection.  However,  these  procedures  are  not  harmonised  at

71

Community  level.  Community  action  is  therefore  necessary  to  rectify  this
situation.

–  Wear  and  tear  in  the  use  of  ILUs  can  result  in  safety  hazards  that  have  to  be
eliminated  by  the  maintenance  and  periodic  inspection  of  these  ILUs.  These
inspections need to be carried out uniformly throughout the Community and ILUs
must be  able to undergo periodic inspection in  any Member State.  This  requires
Community action in order to harmonise inspection procedures.

–  The  purpose  of  the  proposal  is  to  improve  the  sustainability  and  safety  of
transport, reduce the congestion of infrastructures, particularly roads, and create a
more  favourable  framework  for  intermodal  transport  operations  by  ensuring  a
high degree of interoperability of ILUs between modes. Community action is the
only  way 
to  achieve  such  harmonisation,  since  Member  States  acting
independently  or  through  international  agreements  cannot  establish  the  same
degree of harmonisation of ILUs or of assessment, reassessment, maintenance or
inspection procedures.

–  Recognition of the approval certificates issued by the inspection bodies designated
by the Member States' competent authorities would contribute towards removing
obstacles  to  the  freedom  to  provide  transport  services.  Such  an  objective  cannot
be achieved satisfactorily at another level.

–  Community means are needed to harmonise certain characteristics of ILUs. Such
harmonisation could not be achieved by national means alone. Interoperability is
required  for  the  handling  of  ILUs  wherever  they  are  circulating  in  the
Community. Such interoperability can be achieved only by Community measures.
Further,  the  free  movement  of  goods  and  services  requires  that  periodic
inspections can be carried out in any place in the Community in accordance with
the  same  criteria.  There  are  various  national  solutions  with  regard  to  ILUs,  but
there  is  no  EILU  at  European  level  in  practice  or  as  a  satisfactory  standard.
Community action is needed to standardise such an EILU in order to benefit those
working in the European industry.

The  proposal  also  has  the  aim  of  reducing  road  congestion  by  improving  the
preconditions for intermodal transport operations. If no action is taken, road freight
transport  will  continue  to  increase,  leading  to  more  congestion,  accidents  and
environmental  damage.  The  yearly  increase  of  additional  external  costs  of  road
transport  is  estimated  at  EUR  3  billion.  Lack  of  harmonisation  creates  continuous
costs  in  Europe  by  delaying  and  complicating  handling  operations.  The  optimal
dimensions  of  the  EILU  will  accommodate  more  pallets  in  one  unit  than  a  40'
container. Therefore, fewer ILUs - and lorries - are needed to carry the same amount
of  goods.  EILUs  also  have  an  advantage  over  swap  bodies:  they  have  a  stacking
capability of several layers, which reduces the storage space required, particularly in
combined  transport  freight  villages,  and  enables  transportation  of  several  layers
where the gauge of the infrastructures used allows this.

The objective of the planned measure is  to  contribute, directly and  immediately,  in
the  market  for  intermodal  freight  transport  and  logistics  services,  to  simplifying
intermediate  handling  operations,  reducing  the  congestion  of  infrastructures,
particularly  roads,  and  improving  safety  and  the  environmental  performance  of

72

intermodal  freight  transport.  The  means  proposed  (harmonisation,  standardisation
and recognition) are proportionate to these objectives.

A European Parliament and Council Directive is the appropriate legal instrument to
enhance  harmonisation  and  to  provide  a  framework  for  the  standardisation,
maintenance and periodic inspections of ILUs.

THE IMPACT ON BUSINESS

2.

Who will be affected by the proposal?

–  which sectors of business?

–  which sizes of business (proportion of small and medium-sized firms)?

–  are there particular geographical areas of the Community where these businesses

are found?

The  business  sectors  that  will  be  affected  by  harmonisation  are  the  manufacturers,
owners, holders and operators of ILUs, terminal operators and transporters.

The proposal will affect large as well as small and medium-sized companies. In fact,
whilst rail and sea carriers are usually large companies, this is not the case for road
and inland waterways transport, nor for terminal operators. It should be pointed out,
however, that the use of EILUs is still optional.

The number of TEU transported in combined transport in all surface modes has been
estimated at about 37 million in 1999. Of this total, 25 million TEU were transported
in short sea shipping.

The  proposal  does  not  distinguish  between  geographical  areas  in  the  Community.
The  harmonisation  of  the  characteristics  of  ILUs  and  the  requirement  for
maintenance and periodic inspection will therefore affect all companies - regardless
of  their  nationality  or  place  of  establishment  -  which  manufacture  ILUs,  put  them
into circulation or service, or own, hold and/or operate them within the Community.

The provisions which apply to the EILU will affect only those companies that wish
to benefit from using such an optimal unit.

3.

What will business have to do to comply with the proposal?

Manufacturing companies will have to make adjustments to their processes in order
to  comply  with  the  requirement  for  harmonised  characteristics.  Companies  which
own,  hold  and/or  operate  ILUs  will  have  to  ensure  that  their  new  units  fulfil  the
relevant requirements and bear the mark of conformity and the marking to show that
they have been regularly inspected. They will also have to arrange for all their ILUs
to be maintained in good shape and to undergo periodic inspections.

The  introduction  of  EILUs  will  not  require  any  measures  in  addition  to  those
mentioned in the previous paragraph.

73

4.

What economic effects is the proposal likely to have:

–  on employment?

–  on investment and the creation of new businesses?

–  on the competitiveness of businesses?

The proposal is not likely to have an effect on employment.

ILUs would  be  replaced only  when existing  equipment  comes  to  the end  of  its  life
provided that the ILUs with harmonised interoperability characteristics would not be
more  expensive  than  the  others.  More  uniformity  in  handling  operations  will
facilitate investments in interconnection points.

The new EILU will increase the capacity of units and help slow down the growth of
road haulage.  Assessment  and  reassessment  of  conformity  and  periodic  inspections
of  ILUs  will  no  doubt  promote  the  adoption  of  the  more  solid  EILU  amongst
businesses.

Competitiveness of business in Europe will increase because certain costs relating to
handling  can  be  eliminated.  The  possibility  of  using  the  transport  system  more
efficiently will also have similar effects.

5.

Does the proposal contain measures to take account of the specific situation of small
and medium-sized enterprises (reduced or different requirements etc)?

Large  companies  can  benefit  more  from  economies  of  scale,  in  particular,  in
production  processes  and  in  procedures  for  the  assessment  or  reassessment  of
conformity and periodic inspection procedures. However, the difference is not such
that  it  would  require  the  adoption  of  special  measures  for  small  and  medium-sized
enterprises,  which  will  also  benefit  from  the  simplification  of  handling  operations.
The standardisation should facilitate the creation of new businesses, possibly SMEs,
because investment decisions will be easier. The measures will also have an impact
in the long term because there is no requirement to replace existing equipment. The
safety considerations remain the same for all sizes of company.

Consequently,  no  specific  measures  are  foreseen  to  take  account  of  the  specific
situation of small and medium-sized enterprises.

74

CONSULTATION

6.

List the organisations which have been consulted about the proposal and outline their
main views.

On  17  April  2002,  the  Commission  invited  the  professional  associations  concerned  (at
European level) to give their opinion on a consultation document. The organisations consulted
were:

Organisation

Association des Constructeurs européens d'Automobiles
Communauté des Chemins de fer européens
European Chemical Industry Council
Comité européen de Normalisation
Liaison Committee of European Freight Forwarders
European Barge Union
EC Association of Ship Brokers & Agents
European Car - Transport Group of Interest
EC Shipowners’ Association
European Federation of Inland Ports
European Freight & Logistics Leaders Club
European Intermodal Association
European Infrastructure Managers
European Rail Freight Customers Platform
European Shippers Council
European Short Sea Network
European Sea Ports Organisation
Federation of European Private Port Operators
Freight Forward Europe
Groupement européen pour le TC
Inland Navigation Europe
International Road Union
International Standardisation Organisation
Maritime Industries Forum

Abbreviation
ACEA
CCFE
CEFIC
CEN
CLECAT
EBU
ECASBA
ECG
ECSA
EFIP
EFLLC
EIA
EIM
ERFCP
ESC
ESN
ESPO
FEPORT
FFE
GETC
INE
IRU
ISO
MIF
O.E.B./E.S.O Organisation européenne de bateliers
UIC-GTC
UIRR
UNICE

Union Internationale des Chemins de Fer - Groupe Transport Combiné
Union Internationale des sociétés de transport combiné Rail-Route
Union of Industrial and Employer's Confederations of Europe

As  well  as  the  written  contributions,  representatives  from  these  organisations  had  the
opportunity to express their views in a consultation meeting on 22 May 2002.

The general tone of the contributions can be summarised in three points:

75

(cid:1)  a  general  consensus  on  the  usefulness  of  standardising  and  harmonising  certain

characteristics of ILUs, without however banning the use of other units;

(cid:1)  disagreement on common dimensions, with people defending the dimensions already used

in "their" mode of transport;

(cid:1)  an  urgent  demand  from  road  hauliers  and  shipowners  to  increase  the  weights  and
dimensions authorised in road transport to take account of the reality of extra-Community
trade, particularly containers which are more than 13.6 m long.

76