Regulation (EC) No 1100/2008 of the European Parliament and of the Council of 22 October 2008 on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (Codified version) (Text with EEA relevance)
Date: 2008-10-22
Institutions: European Parliament
Subjects: codification of EU law, customs inspection, customs regulations, inland waterway transport, internal border of the EU, road transport

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REGULATION (EC) No 1100/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 22 October 2008

on the elimination of controls performed at the frontiers of Member States in the field of road and
inland waterway transport

(Codified version)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

should not therefore be a pretext for carrying out such
operations,

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

HAVE ADOPTED THIS REGULATION:

Having regard to the proposal from the Commission,

Article 1

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

After consulting the Committee of the Regions,

This Regulation applies to controls performed by Member States
pursuant to Community or national law in the fields of road and
inland waterway transport carried out using means of transport
registered or put into circulation in a Member State.

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

Article 2

Whereas:

For the purpose of this Regulation:

(1) Council Regulation (EEC) No 4060/89 of 21 December
1989 on the elimination of controls performed at the
frontiers of Member States in the field of road and inland
waterway transport (3) has been substantially amended (4).
In the interests of clarity and rationality the said Regulation
should be codified.

(a)

(b)

(2) Achieving freedom to provide services in the field of
the common
transport
is an important element of
transport policy under the Treaty. Consequently, it is the
aim of that policy to increase the fluidity of movement of
the different means of transport within the Community.

‘frontier’ means either an internal
frontier within the
Community or an external frontier, where carriage between
Member States involves crossing a third country;

‘control’ means any check,
inspection, verification or
formality performed at the frontiers of Member States by
the national authorities which signifies a stop or a
restriction on the free movement of the vehicles or vessels
concerned.

Article 3

(3)

characteristics,

Pursuant to existing Community and national legislation in
the field of road and inland waterway transport, Member
States perform checks, verifications and inspections relating
to technical
and other
documentation that vehicles and inland waterway vessels
must comply with. These checks, verifications and inspec-
tions continue in general to be justified in order to avoid
disturbances to the organisation of the transport market
and to ensure road and inland waterway safety.

authorisations

(4) Under existing Community legislation, Member States are
free to organise and perform the aforementioned checks,
verifications and inspections where they so wish.

(5)

verifications

Such checks,
and inspections may be
performed with equal efficacy throughout the territory of
the Member States concerned and crossing the frontier

(1) OJ C 324, 30.12.2006, p. 47.
(2) Opinion of the European Parliament of 14 December 2006 (OJ
C 317 E, 23.12.2006, p. 599) and Council Decision of 15 September
2008.

(3) OJ L 390, 30.12.1989, p. 18.
(4) See Annex II.

The controls referred to in Annex I, and performed pursuant to
Community or national law in the fields of road and inland
waterway transport between Member States,
shall not be
performed as frontier controls but solely as part of the normal
control procedures applied in a non-discriminatory fashion
throughout the territory of a Member State.

Article 4

As and when necessary,
amendments to Annex I
developments in the field covered by this Regulation.

the Commission shall propose
technological
to take account of

Article 5

Regulation (EEC) No 4060/89, as amended by the Regulation
listed in Annex II, is repealed.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance with
the correlation table in Annex III.

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

Article 6

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 22 October 2008.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

J.-P. JOUYET

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ANNEX I

PART 1

COMMUNITY LAW

Section 1

Directives

(a)

Article 6(4) of Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within
the Community the maximum authorised dimensions in national and international traffic and the maximum
authorised weights in international traffic (1), which provides that vehicles may be subject, as regards common
standards on weights, to random checks and, as regards common standards on dimensions, only to checks where
there is a suspicion of non-compliance with its provisions;

(b) Article 3(2) of Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member
States relating to roadworthiness tests for motor vehicles and their trailers (2), which provides that each Member State
shall recognise the proof issued in another Member State showing that a vehicle has passed a roadworthiness test; this
act of recognition implies that a verification by national authorities may be made anywhere within their territories;

(c)

(d)

(e)

Article 2(2) 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 (3), which lays down that proof of compliance with the
Directive is provided by a number of documents which must be on board the hired vehicle, viz., the contract of hire
and the driver's employment contract;

Article 3(3), (4) and (5) of Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability
licences for inland waterway vessels (4), which provides that the navigability licence, certificates or authorisations must
be produced on demand by national authorities;

Article 17(1) of Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland
waterway vessels (5), which provides that Member States may at any time check that a vessel is carrying a certificate
valid under the terms of the Directive.

Section 2

Regulations

(a)

Articles 14 and 15 of Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international
carriage of passengers by coach and bus (6), which entitle any authorised inspection officer to verify and control the
transport ticket, authorisation or control document provided for in the Regulation;

(b) Article 18 of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the
harmonisation of certain social legislation relating to road transport (7), which entitles Member States to adopt
measures which cover, inter alia, the organisation of, procedure for and means of a control system to ensure that the
provisions of the Regulation have been complied with;

(c)

Article 19 of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road
transport (8) which entitles Member States to adopt measures which cover, inter alia, the organisation of, procedure for,
and means of carrying out, checks on whether the equipment complies with the provisions of the Regulation;

(1) OJ L 235, 17.9.1996, p. 59.
(2) OJ L 46, 17.2.1997, p. 1.
(3) OJ L 33, 4.2.2006, p. 82.
(4) OJ L 21, 29.1.1976, p. 10.
(5) OJ L 301, 28.10.1982, p. 1.
(6) OJ L 74, 20.3.1992, p. 1.
(7) OJ L 102, 11.4.2006, p. 1.
(8) OJ L 370, 31.12.1985, p. 8.

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(d)

Article 5(4) of 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 (1), which provides that a certified true copy of the Community authorisation shall be kept in
the vehicle and must be produced whenever required by an authorised inspecting officer.

PART 2

NATIONAL LAW

(a)

Controls on the driving licences of persons driving vehicles for the carriage of goods and persons;

(b)

Controls relating to the means of transport for dangerous goods and in particular:

(i)

Documents

— Driver's training certificate,

— Safety instructions,

— Approval certificate (ADR or equivalent standards),

— Copy of the derogation, if applicable (ADR or equivalent standards);

(ii)

Identification of the vehicle carrying the dangerous goods

— Orange panel,

— compliance,

— placing on the vehicle,

— Danger label on the vehicle,

— compliance,

— placing on the vehicle,

— Tank identification plate (for fixed, demountable or container tanks),

— presence and legibility,

— date of last inspection,

— stamp of inspecting body;

(iii) Vehicle equipment (ADR or equivalent standards)

— Additional fire extinguisher,

— Special equipment;

(iv) Vehicle loading

— Overload (according to tank capacity),

— Securing of packages,

— Prohibition of mixed loading;

(1) OJ L 95, 9.4.1992, p. 1.

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(c)

Controls relating to the means of transport for perishable foodstuffs and in particular:

(i)

Documents

— Certificate of compliance for the equipment;

(ii)

Special equipment used for the carriage of perishable foodstuffs

— Compliance plate,

— Identification marks;

(iii) Operation of special equipment

— Temperature conditions.

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ANNEX II

REPEALED REGULATION WITH ITS AMENDMENT

(referred to in Article 5)

Council Regulation (EEC) No 4060/89

(OJ L 390, 30.12.1989, p. 18).

Council Regulation (EEC) No 3356/91

(OJ L 318, 20.11.1991, p. 1).

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ANNEX III

CORRELATION TABLE

Regulation (EEC) No 4060/89

This Regulation

Article 1

Article 2

Article 3

Article 3a

Article 4

—

Article 1

Article 2

Article 3

Article 4

Article 6

Article 5

Annex Part 1, Directives (a)

Annex I, Part 1, Section 1(a)

Annex, Part 1, Directives (b)

Annex I, Part 1, Section 1(b)

Annex, Part 1, Directives (c)

Annex I, Part 1, Section 1(c)

Annex, Part 1, Directives (d)

—

Annex, Part 1, Directives (e)

Annex I, Part 1, Section 1(d)

Annex, Part 1, Directives (f)

Annex I, Part 1, Section 1(e)

Annex, Part 1, Regulations (a)

Annex I, Part 1, Section 2(a)

Annex, Part 1, Regulations (b)

Annex, Part 1, Regulations (c)

—

—

Annex, Part 1, Regulations (d)

Annex I, Part 1, Section 2(b)

Annex, Part 1, Regulations (e)

Annex I, Part 1, Section 2(c)

Annex, Part 1, Regulations (f)

Annex I, Part 1, Section 2(d)

Annex, Part 2

—

—

Annex I, Part 2

Annex II

Annex III