Amended proposal for a Directive of the European Parliament and of the Council on intermodal loading units (presented by the Commission pursuant to Article 250 (2) of the EC Treaty)
Date: 2004-04-30
Institutions: European Commission
Subjects: EC conformity marking, combined transport, common transport policy, container, harmonisation of standards, load, roadworthiness tests, technical standard, transport safety

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.4.2004 
COM(2004) 361 final 

2003/0056 (COD) 

Amended proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on intermodal loading units 

(presented by the Commission  
pursuant to Article 250 (2) of the EC Treaty) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

Background 

On 7 April 2003 the Commission proposed a European Parliament and Council Directive on 
intermodal loading units (COM (2003) 155). Pursuant to Articles 251(2), 71(1) and 80(2) of 
the  EC  Treaty,  the  proposal  was  submitted  to  the  Council  and  to  the  European  Parliament 
(2003/0056(COD)),  as  well  as  to  the  European  Economic  and  Social  Committee  and  the 
Committee of the Regions. 

The  European  Economic  and  Social  Committee  delivered  its  opinion  on  29  October  2003. 
There is no opinion expected from the Committee of the Regions. 

At the sitting of 10 April 2003, the President of the European Parliament announced that he 
had referred the proposal to the Committee on Regional Policy, Transport and Tourism as the 
Committee responsible and the Committee on Industry, External Trade, Research and Energy 
for its opinion (C5-0167/2003). 

The Committee on Industry, External Trade, Research and Energy decided on 22 May 2003 
not to deliver an opinion. 

The  Committee  on  Regional  Policy,  Transport  and  Tourism  appointed  Ulrich  Stockmann 
rapporteur  at  its  meeting  of  24  April  2003.  The  Committee  considered  the  Commission 
proposal and draft report at its meetings of 4 November 2003 and 20-21 January 2004. At the 
last  meeting  it  adopted  the  draft  legislative  resolution  by  41  votes  to  1  and  the  Report  was 
tabled on 28 January 2004 (A5-0016/2004). On 12 February 2004 the plenary of the European 
Parliament approved the Stockmann report in first reading. 

Purpose of the proposal 

The general objective of the proposal is to increase the competitiveness of intermodal freight 
transport  by  providing  a  framework  for  a  better  use  of  intermodal  loading  units,  such  as 
containers and swap bodies, throughout the road, maritime, rail and inland waterway modes. 

The  proposal  foresees  a  conformity  assessment,  maintenance  &  control  framework  of  all 
existing intermodal loading units, in order to improve safety of the units. 

For all new intermodal loading units, it foresees a framework to improve handling efficiency 
of the boxes in terminals and state of the art security devices. 

Finally, it proposes the development of a new type of unit: the European intermodal loading 
unit.  This  unit  will  combine  the  benefits  of  European  land  containers  (“swap  bodies”)  with 
maritime  containers  (“ISO  series  1”),  which  are  optimisation  of  loading  space  and 
stackability.  This  will  provide  European  industry  and  transporters  with  efficiency  gains, 
estimated as a reduction of up to 2% in logistics costs. 

The  proposal  follows  the  “new  approach”  internal  market  models.  All  technical  details  and 
specifications will be devised by the European standardisation bodies, such as CEN. 

2 

 
 
  
 
Commission’s opinion 

The European Parliament agrees with the main elements of the Commission’s proposal. 

However, the European Parliament has formulated some amendments. On the basis of these 
amendments, the Commission proposes to introduce some new elements to its original text. 

The  Commission  is  prepared  to  incorporate  those  European  Parliament  suggestions  and 
amendments  aiming  at  improving  and  clarifying  the  current  text  of  its  proposal.  The 
Commission accepts the following amendments of the European Parliament: 1, 3, 4, 7, 8, 9, 
10, 11, 12, 13, 15. 

A  series  of  amendments  have  been  accepted,  because  they  add  technical  clarifications 
(amendment 1; first change in amendment 7; amendment 10) or they improve the logic and 
structure of the text (amendments 3 and 4 unifying Recitals 10 and 11; amendment 8). 

A  series  of  amendments  (2,  7,  9,  11,  12)  have  been  accepted,  because  they  add  the  useful 
clarification  that  containers  subject  to  the  Convention  for  Safe  Containers  (CSC)  are  not 
obliged  to  undergo  European  certification,  maintenance  and  periodic  inspection  obligations. 
This  would  impair  trade  and  transport  and  this  reflects  the  intention  of  the  Commission.  In 
consequence, containers which comply with the requirements of the CSC can circulate freely 
in Europe. However, since the Directive provides for the possibility to withdraw loading units 
from  the  market  when  they  present  a  risk,  the  wording  has  been  softened.  Regarding 
inspection intervals, amendment 11 is welcome, as it aligns the inspection intervals under the 
Directive with the ones prescribed by the CSC. 

A  series  of  amendments  (5,  14,  15,  16,  17)  is  in  line  with  the  principle  of  avoidance  of 
conflict between European and global standards. However, the wording has been softened in 
order  not  to  subject  European  interests  at  any  cost  to  current  ISO  standards,  which  may  be 
technically  sub-optimal  or  unsuitable.  Amendment  15  clarifies  the  intention  of  the 
Commission  that  non-stackable  swap  bodies  will  still  continue  to  be  used  and  transhipped. 
Amendment 16 intends to ensure that the use of the European intermodal loading unit will not 
carry with it expensive adaptation of existing container ships. The Commission has redrafted 
the text in order not to limit the standardisation mandate to an undue extent. Amendment 17 
will  increase  the  carrying  capacity  of  the  European  intermodal  loading  unit  and  is  therefore 
acceptable  in  principle.  However,  the  reference  to  the  ISO  standard  is  inappropriate,  given 
that the European standardisation bodies will define this standard, and not ISO. 

One  amendment  (13)  concerned  the  harmonisation  of  penalties  applicable  in  case  of 
infringements of the national provisions adopted pursuant to this Directive. This amendment 
would  avoid  distortions  of  competition  between  operators  resulting  from  varying  penalties 
according to Member States. 

One  amendment  (6)  could  not  be  accepted,  because  it  restricts  the  possibilities  of 
standardisation,  as  only  the  CEN  was  mentioned.  However,  other  European  standardisation 
bodies, such as CENELEC and ETSI, may also have to be mandated for measures relating to 
security, eg for electronic seals. 

Therefore  in  compliance  with  Article  250,  paragraph  2,  the  Commission  modifies  its 
proposal. 

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2003/0056 (COD) 

Amended 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,1 

Having regard to the opinion of the Economic and Social Committee,2 

Having regard to the opinion of the Committee of the Regions,3 

Acting in accordance with the procedure indicated in Article 251 of the Treaty, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The Community has an established policy of encouraging sustainable transport, such 
as  multimodal  and  intermodal  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. 

frequently  comply  with  standards  adopted  by 

Containers 
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. 

The  Directive  defines  a  new  unit:  the  European  intermodal  loading  unit.  This  unit, 
apart  from  offering  optimal  loading  space  within  the  framework  of  European 
legislation  in  force,  must  also  fulfil  the  harmonised  interoperability  characteristics 
required for any new intermodal loading unit. 

1 
2 
3 

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

4 

 
 
  
 
                                                 
(6) 

(7) 

(8) 

(9) 

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. 

This  Directive  should  not  unduly  restrict  the  use,  control  and  maintenance  of 
intermodal  loading  units  subject  to  the  International  Convention  for  Safe 
Containers (CSC).4 

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  19855  on  a  new 
approach  to  technical  harmonisation  and  standards.  This  Directive  draws  its 
inspiration from these principles. 

(10)  Member States must allow, in accordance with Decision 93/465,6 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. 

(11) 

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, or when 
units  which  have  the  CE  marking,  the  symbol  referring  to  the  reassessment  of 
these units or the symbol relating to the periodic inspection do not conform. The 
procedure has to be justified and transparent. 

(12) 

(11)  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 

4 

5 

6 

CSC:  “International  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). 
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. 

5 

 
 
  
 
                                                 
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. 

(13) 

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

(14)  The  requirements  for  intermodal  loading  units  take  into  due  consideration  the 

existing standards in this area. 

(15) 

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 

(16)  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. 

(17)  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. 

(18)  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. 

(19) 

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. 

(20)  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 

6 

 
 
  
 
Commission  or  the  Member  State  concerned  shall  refer  the  matter  to  the  standing 
committee provided for in Directive 98/34/EC.7 

(21)  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. 

(22)  The International Convention for Safe Containers approved by the United Nations on 
2  December  19728  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.9 

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

this Directive. 

(24)  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. 

(25)  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.10 

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

adopted pursuant to this Directive. 

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

(28)  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, and to creating a European intermodal 
loading unit. It sets out obligations with regard to conformity assessment and maintenance, 

7 

8 

9 
10 

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. 
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 

7 

 
 
  
 
                                                 
as well as procedures for assessing the conformity, and for the periodic inspection, of loading 
units used in intermodal transport, when these are not covered by the CSC. 

1. 

This Directive shall apply to: 

Article 2 - Scope 

a) 

b) 

c) 

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

intermodal  loading  units  newly  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) 

"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; 

8 

 
 
  
 
g) 

h) 

i) 

1. 

2. 

1. 

2. 

3. 

"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. 

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  check,  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). 

Paragraph 1 shall not apply to intermodal loading units fulfilling the conditions 
of  Annex  II  of  the  CSC,  unless  the  manufacturer  or  his  authorised 
representative established within the Community apply for such an assessment. 

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 

9 

 
 
  
 
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,  which  may  include  withdrawing 
authorisation  to  carry  out  procedures  described  in  Annexes  IV  and  V,  against 
the State which affixed the CE 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 

4. 

5. 

6. 

7. 

8. 

1. 

2. 

10 

 
 
  
 
3. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

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 
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 30 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. 

Paragraphs 1, 3 and 4 shall not apply to intermodal loading units covered by the 
CSC. 

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. 

11 

 
 
  
 
4. 

5. 

6. 

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. 

7. 

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 
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. 

1. 

2. 

3. 

4. 

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 

12 

 
 
  
 
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 

1. 

2. 

3. 

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 
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. 

13 

 
 
  
 
Article 13 - Penalties 

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

to 

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. 

2. 

3. 

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. 

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 

14 

 
 
  
 
Essential requirements for intermodal loading units 

ANNEX 1 

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 and take into due account 
the existing relevant ISO standards. 

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 
equipement adapted to ISO containers of containers (ISO series 1) 
and  stackable  swap  bodies,  taking  into  account  trans-shipment 
efficiency. 

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. 

15 

 
 
  
 
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 96/53.11 

Type: 

General-purpose dry cargo box. 

Internal length: 

It should allow: 

Internal width: 

•  11 units of 1200 mm, for the long version 

•  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. 

External height: 

2900 mm 

External width: 

Allow  safe  stowage  inside  and  on  deck  of  existing  cellular 
container ships in accordance with applicable ISO standards 

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. 

11 

OJ L 235, 17.9.1996, p. 59. 

16 

 
 
  
 
 
                                                 
ANNEX III 

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

1 

2 

3 

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. 

4 

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. 

5 

6 

7 

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. 

17 

 
 
  
 
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., 

18 

 
 
  
 
– 

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. 

19 

 
 
  
 
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 

20 

 
 
  
 
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.; 

21 

 
 
  
 
– 

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. 

22 

 
 
  
 
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. 

4.3 

4.4 

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. 

5 

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. 

6 

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

23 

 
 
  
 
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 

24 

 
 
  
 
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. 

25 

 
 
  
 
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 

Distinctive symbols 

2.1 

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. 

26 

 
 
  
 
 
 
 
–  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. 

27 

 
 
  
 
 
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. 

28 

 
 
  
 
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] 

[n+5 
and 
subs. 
Years
] 

Total 

Commitments 

Payments 

(b) 

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

Commitments 

Payments 

Subtotal a+b 

Commitments 

Payments 

29 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(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.) 

Budget line 

Revenue 

(€ million to one decimal place) 

Prior to
action 
[Year 
n-1] 

[Yea
r n] 

Situation following action 

[n+1] [n+2] [n+3

[n+4]  [n+5] 

] 

a) Revenue in absolute terms 

b) Change in revenue 

 ∆ 

(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.) 

30 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 

31 

 
 
  
 
 
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 

assistance 

Technical 

a) 
offices
b)  Other 
administrative assistance: 

technical 

and 

- intra muros: 

- extra muros: 

of  which  for  construction 
and 
of 
maintenance 
computerised  management 
systems 

Subtotal 1 

2) Support expenditure 

a) Studies 

b) Meetings of experts 

32 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Information 

c) 
publications 

and 

Subtotal 2 

TOTAL 

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.) 

Commitments (in € million to three decimal places) 

Breakdown  

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 

33 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 

Total 

Number of 
permanent posts 

Number of 
temporary posts 

Officials 
temporary staff 

or 

A 

1 

B 

C 

Other human resources 

Total 

1 

1 

1 

2 

2 

Description of tasks deriving from the 
action 

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

34 

 
 
  
 
 
 
 
 
 
 
 
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. 

Annual total (7.2 + 7.3) 

Duration of action 

III. 

Total cost of action (I x II) 

302.000 € 

3 years 

906.000 € 

35 

 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
8. 

FOLLOW-UP AND EVALUATION 

Not applicable 

8.1. 

Follow-up arrangements 

8.2. 

Arrangements and schedule for the planned evaluation 

9. 

ANTI-FRAUD MEASURES 

36 

 
 
  
 
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 

37 

 
 
  
 
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 

38 

 
 
  
 
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. 

39 

 
 
  
 
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. 

40 

 
 
  
 
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: 

Abbreviation 

Organisation 

ACEA 

CCFE 

CEFIC 

CEN 

Association des Constructeurs européens d'Automobiles  

Communauté des Chemins de fer européens 

European Chemical Industry Council 

Comité européen de Normalisation 

CLECAT 

Liaison Committee of European Freight Forwarders 

EBU 

European Barge Union 

ECASBA 

EC Association of Ship Brokers & Agents 

ECG 

ECSA 

EFIP 

European Car - Transport Group of Interest 

EC Shipowners’ Association 

European Federation of Inland Ports 

EFLLC 

European Freight & Logistics Leaders Club 

EIA 

EIM 

European Intermodal Association 

European Infrastructure Managers 

ERFCP 

European Rail Freight Customers Platform 

ESC 

ESN 

European Shippers Council 

European Short Sea Network 

ESPO 

European Sea Ports Organisation 

FEPORT 

Federation of European Private Port Operators 

FFE 

GETC 

INE 

IRU 

ISO 

Freight Forward Europe 

Groupement européen pour le TC 

Inland Navigation Europe 

International Road Union 

International Standardisation Organisation 

41 

 
 
  
 
Abbreviation 

Organisation 

MIF 

Maritime Industries Forum 

O.E.B./E.S.O  Organisation européenne de bateliers 

UIC-GTC 

Union Internationale des Chemins de Fer - Groupe Transport Combiné 

UIRR 

Union Internationale des sociétés de transport combiné Rail-Route 

UNICE 

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: 

•  a  general  consensus  on  the  usefulness  of  standardising  and  harmonising  certain 

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

•  disagreement on common dimensions, with people defending the dimensions already used 

in "their" mode of transport; 

•  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.  

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