Directive 2006/94/EC of the European Parliament and of the Council of 12 December 2006 on the establishment of common rules for certain types of carriage of goods by road (codified version)   (Text with EEA relevance)
Date: 2006-12-12
Institutions: Council of the European Union, European Parliament
Subjects: carriage of goods, codification of EU law, common transport policy, intra-EU transport, road transport, transport licence

27.12.2006

EN

Official Journal of the European Union

L 374/5

DIRECTIVE 2006/94/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the establishment of common rules for certain types of carriage of goods by road

of 12 December 2006

(codified version)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission,

(4) A certain number of types of carriage were exempt from
any quota and carriage authorisation system. Within the
framework of the organisation of the market introduced by
Council Regulation (EEC) No 881/92 of 26 March 1992 on
access to the market in the carriage of goods by road within
the Community to or from the territory of a Member State
or passing across the territory of one or more Member
States (5), a system of
exemption from Community
authorisation and from any other carriage authorisation
should be maintained for some of those types of transport,
because of their special nature.

Having regard to the Opinion of the European Economic and
Social Committee (1),

(5)

should be without prejudice

to the
This Directive
obligations of the Member States relating to the time-limits
for transposition into national law and application of the
Directives set out in Annex II, Part B,

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Whereas:

(1)

The First Council Directive of 23 July 1962 on the
establishment of certain common rules for international
transport (carriage of goods by road for hire or reward) (3)
has been substantially amended several times (4). In the
interests of clarity and rationality the said Directive should
be codified.

1. Under the conditions laid down in paragraph 2, Member
States shall liberalise the types of international carriage of goods
by road for hire or reward and on own account listed in Annex I
where such carriage is performed to or from or in transit
through their territory.

2. The types of carriage and unladen journeys made in
conjunction with the carriage listed in Annex I shall be exempted
from Community authorisation and from any carriage author-
isation.

(2) A common transport policy involves inter alia laying down
common rules for the international carriage of goods by
road to or from the territory of a Member State or passing
across the territory of one or more Member States. Those
rules must be laid down in such a way as to contribute to
the smooth operation of the internal transport market.

Article 2

This Directive shall not affect the conditions under which any
Member State authorises its own nationals to engage in the
activities mentioned in this Directive.

(3)

It is necessary to ensure a progressive expansion of the
international carriage of goods by road, bearing in mind
developments in trade and movement of goods within the
Community.

(1) OJ C 241, 28.9.2004, p. 19.
(2) Opinion of the European Parliament of 21 April 2004 (OJ C 104 E,
30.4.2004, p. 545) and Council Decision of 14 November 2006.
(3) OJ L 70, 6.8.1962, p. 2005/62. Directive as last amended by

Regulation (EEC) No 881/92 (OJ L 95, 9.4.1992, p. 1).

(4) See Annex II, Part A.

Article 3

The First Council Directive of 23 July 1962 on the establishment
of common rules for certain types of carriage of goods by road is
hereby repealed, without prejudice to the obligations of the
Member States relating to the time-limits for transposition into
national law and application of the Directives set out in Annex II,
Part B.

(5) OJ L 95, 9.4.1992, p. 1. Regulation as last amended by the 2003 Act

of Accession.

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Official Journal of the European Union

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References made to the repealed Directive shall be construed as
being made to this Directive and should be read in accordance
with the correlation table in Annex III.

This Directive is addressed to the Member States.

Article 5

Article 4

Done at Strasbourg, 12 December 2006.

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

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
M. PEKKARINEN

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Official Journal of the European Union

L 374/7

Types of carriage to be exempted from any Community authorisation and from any carriage authorisation

ANNEX I

1.

2.

3.

Carriage of mail as a public service.

Carriage of vehicles which have suffered damage or breakdown.

Carriage of goods in motor vehicles the permissible laden weight of which, including that of trailers, does not exceed
six tonnes or the permissible payload of which, including that of trailers, does not exceed 3,5 tonnes.

4.

Carriage of goods in motor vehicles provided the following conditions are fulfilled:

(a)

(b)

the goods carried must be the property of the undertaking or must have been sold, bought, let out on hire or
hired, produced, extracted, processed or repaired by the undertaking;

the purpose of the journey must be to carry the goods to or from the undertaking or to move them, either
inside the undertaking or outside for its own requirements;

(c) motor vehicles used for such carriage must be driven by employees of the undertaking;

(d)

the vehicles carrying the goods must be owned by the undertaking or have been bought by it on deferred terms
or hired provided that in the latter case they meet the conditions of Directive 2006/1/EC of the European
Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of
goods by road (1).

This provision shall not apply to the use of a replacement vehicle during a short breakdown of the vehicle
normally used;

(e)

carriage must be no more than ancillary to the overall activities of the undertaking.

5.

Carriage of medicinal products, appliances, equipment and other articles required for medical care in emergency relief,
in particular for natural disasters.

(1) OJ L 33, 4.2.2006, p. 82.

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ANNEX II

PART A

Repealed Directive with its successive amendments

First Council Directive of 23 July 1962 on the establishment of certain common
rules for international transport (carrying of goods by road for hire or reward)

(OJ 70, 6.8.1962, p. 2005/62)

Council Directive 72/426/EEC

(OJ L 291, 28.12.1972, p. 155)

Council Directive 74/149/EEC

(OJ L 84, 28.3.1974, p. 8)

Council Directive 77/158/EEC

(OJ L 48, 19.2.1977, p. 30)

Council Directive 78/175/EEC

(OJ L 54, 25.2.1978, p. 18)

Council Directive 80/49/EEC

(OJ L 18, 24.1.1980, p. 23)

Council Directive 82/50/EEC

(OJ L 27, 4.2.1982, p. 22)

Council Directive 83/572/EEC

(OJ L 332, 28.11.1983, p. 33)

Council Directive 84/647/EEC

(OJ L 335, 22.12.1984, p. 72)

Council Regulation (EEC) No 881/92

(OJ L 95, 9.4.1992, p. 1)

only Article 2

only Article 6

only Article 13

PART B

List of time-limits for transposition into national law and application (referred to in Article 3)

Directive

Time-limit for transposition

Date of application

First Council Directive of 23 July 1962
on the establishment of certain com-
mon rules for international transport
(carrying of goods by road for hire or
reward)

31 December 1962

72/426/EEC

74/149/EEC

77/158/EEC

78/175/EEC

80/49/EEC

82/50/EEC

83/572/EEC

84/647/EEC

__

__

1 July 1977

1 July 1978

__

1 January 1983

1 January 1984

30 June 1986

1 July 1974

1 July 1980

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ANNEX III

CORRELATION TABLE

First Council Directive of 23 July 1962 on the establishment of
common rules for certain types of carriage of goods by road

This Directive

Article 1
Article 2
Article 3
__
__
Article 4
Annex
__
__

Article 1
__
Article 2
Article 3
Article 4
Article 5
Annex I
Annex II
Annex III