Document ID: 31960R0011

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31960R0011
EEC Council: Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79 (3) of the Treaty establishing the European Economic Community
Official Journal 052 , 16/08/1960 P. 1121 - 1126 Finnish special edition: Chapter 7 Volume 1 P. 0023  Swedish special edition: Chapter 7 Volume 1 P. 0023  Danish special edition: Series I Chapter 1959-1962 P. 0056  English special edition: Series I Chapter 1959-1962 P. 0060  Greek special edition: Chapter 07 Volume 1 P. 0020  Spanish special edition: Chapter 07 Volume 1 P. 0032  Portuguese special edition Chapter 07 Volume 1 P. 0032
REGULATION No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79 (3) of the Treaty establishing the European Economic Community  THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 79 thereof;  Having regard to the proposal from the Commission;  Having regard to the Opinion of the Economic and Social Committee;  Whereas Article 79 (3) requires the Council to lay down rules for the abolition, as regards transport within the Community, of the forms of discrimination referred to in Article 79 (1);  Whereas such abolition requires the prohibition of the above-mentioned forms of discrimination, including the fixing by tariff or otherwise, of transport rates and conditions which, when applied, would constitute discrimination;  Whereas it will only be possible to check what transport rates and conditions are being applied and to detect any discrimination if carriers and agents concerned with the carriage of goods are required to supply the necessary information, to make out a transport document enabling such information to be checked and to submit themselves to inspection;  Whereas, for the purpose of ensuring compliance wich these provisions, there should be instituted a system of penalties, such penalties to be subject to review by the Court of Justice exercising unlimited jurisdiction, as provided for in Article 172 of the Treaty;  HAS ADOPTED THIS REGULATION:    Article 1 The provisions of this Regulation shall apply to the carriage of all goods by rail, road or inland waterway within the Community, with the exception of goods listed in Annexes I and III to the Treaty establishing the European Coal and Steel Community.   Article 2 1. The provisions of this Regulation shall apply to all carriage of goods consigned from or to a point within the territory of a Member State, including the carriage thereof between Member States and third or associated countries.  2. This Regulation shall apply only to those parts of a journey which take place within the Community.  3. This Regulation shall apply also to those parts of a journey effected by rail, road or inland waterway where the goods are carried by other modes of transport over other parts of the journey.   Article 3 Where a carriage regulated by the terms of a single contract is performed by successive carriers, each such carrier shall be subject to the provisions of this Regulation in respect of that part of the carriage which he performs.   Article 4 1. In the case of transport within the Community, all discrimination by carriers which takes the form of charging different rates and imposing different conditions for carrying the same goods over the same transport links on grounds of the country of origin or of destination of the goods in question shall be prohibited.  This prohibition shall not affect the validity of private law contracts.  2. The fixing, by tariff or otherwise, of transport rates and conditions which, when applied, would constitute discrimination within the meaning of paragraph 1 shall also be prohibited.   3. The prohibitions laid down in this Article shall take effect from 1 July 1961.   Article 5 1. Before 1 July 1961 Governments shall notify the Commission of any tariff, or formal or other agreement on transport rates and conditions operating in their respective countries, whereby the rates and conditions for carrying the same goods over the same transport links vary according to the country of origin or of destination of the goods in question. Any measure of this kind subsequently introduced shall also be immediately notified to the Commission.  2. Before 1 July 1961 transport undertakings shall supply their respective Governments with all relevant information concerning the tariffs, and formal or other agreements on transport rates and conditions referred to in the preceding paragraph and shall notify them forthwith of any measure of this kind subsequently introduced.  3. The provisions of this Article shall apply to the carriage of goods consigned from or to a point within the territory of a Member State.   Article 6 1. A transport document giving the following details shall be required for each consignment of goods within the Community:    - name and address of the consignor;       - nature and weight of the goods;       - place and date of acceptance of the goods for transport;       - place at which the goods are to be delivered;       - route to be taken, or distance to be travelled, if these factors justify a rate different from that normally applicable;       - frontier crossing points, where appropriate.    2. Transport documents shall be made out in duplicate and shall be numbered. One copy shall accompany the goods; the other copy shall be retained by the carrier for two years, reckoned from the date of carriage, and shall be filed in numerical order. The latter copy shall show the full and final transport charges, whatever the form in which they may be made, any other charges and any rebates or other factors affecting the transport rates and conditions.  3. Where existing documents give all the details specified in paragraph 1 and, in conjunction with carriers' recording and accounting systems, enable a full check to be made of transport rates and conditions, so that the forms of discrimination referred to in Article 79 (1) of the Treaty may be thereby abolished or avoided, carriers shall not be required to introduce new documents.  4. The carrier shall be responsible for the proper preparation of transport documents.   Article 7 1. The provisions of Article 6 shall enter into force on 1 July 1961.  2. The Commission may, however, before that date and by a Regulation issued after consulting the Council, postpone for certain classes of transport to be determined later such entry into force until 1 January 1964 at the latest.   Article 8 The provisions of Article 6 shall not apply:    (a) to the carriage of goods not exceeding five metric tons in total weight consigned by a single consignor to a single consignee;       (b) to the carriage of goods within a Member State over a distance which in total does not exceed one hundred kilometres;       (c) to the carriage of goods between Member States for a distance which in total does not exceed 30 kilometres.     Article 9 The provisions of Article 6 shall not apply to the carriage of goods by an undertaking for its own requirements, subject to the following conditions:    - the goods must be carried by vehicles owned or obtained on deferred terms by the undertaking and driven by its own employee or employees;       - transport must be only ancillary to the overall activities of the undertaking;       - the goods carried must be the property of the undertaking or must have been sold, bought, loaned, borrowed, let out on hire or hired, produced, 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.      Article 10 If, by 1 July 1963, no rules have been made under Article 74 and in implementation of Article 75 of the Treaty as regards the publication of transport rates and conditions, decisions concerning the nature, form and extent of such publication shall be taken, together with any other appropriate measures, within the limits of, and as provided in Article 79 (1) and (3) of the Treaty, account being taken of the fact that such decisions and measures must in all cases be consistent with the common transport policy.   Article 11 1. Without prejudice to Article 5 of this Regulation, Governments and undertakings shall, at the request of the Commission, supply any additional information which may be needed concerning any tariff, or formal or other agreement on transport rates and conditions.  2. The Commission may set a time limit of not less than one month for the forwarding of such information.  3. If the Commission requests an undertaking to supply it with information the Commission shall immediately notify the Government of the Member State in which the undertaking has its seat by forwarding a copy of the request for information to that Government.  4. Information may be refused if it involves the disclosure of any facts which a Member State considers would be contrary to the essential interests of its security.   Article 12 1. Any carrier who charges different rates and imposes different conditions for the carriage of the same goods over the same transport links according to the country of origin or of destination of the goods in question shall, if so required by the Commission, show that such action is not in breach of the provisions of this Regulation.  2. The charging of different rates and the imposing of different conditions shall not constitute a breach of this Regulation if it results solely from competition between carriers or is due to operating conditions, whether technical or economic, peculiar to carriage over the transport link in question.   Article 13 1. Forwarding and other agents concerned with the carriage of goods shall, if so required by their Government or by the Commission, supply all information relevant to the services provided and to the rates and conditions applied.  2. This requirement shall also apply to direct providers of services ancillary to carriage in any case where the remuneration payable to them and that payable to the carriers are comprised in a single overall charge.  3. The provisions of Article 11 (2), (3) and (4) shall also apply to requests for information made in pursuance of this Article.   Article 14 1. Member States shall be responsible for checking compliance with the obligations imposed on carriers by Articles 5 (2), 6 and 11 of this Regulation and with the obligation to supply information as laid down in Article 13.  They shall introduce the necessary measures for this purpose before 1 July 1961, after consulting the Commission.  2. In so far as may be necessary in order to implement this Regulation, the Commission may send its officials or any experts on visits of inspection to check and supervise compliance with the obligations imposed on undertakings by Articles 5, 6, 11 and 13 of this Regulation.  To this end, any authorised representatives of the Commission shall have the following rights and powers:    (a) to check the books and other business records of undertakings;       (b) to take copies or extracts of such books and records on the spot;       (c) to be given access to all premises, land and vehicles of undertakings;       (d) to require explanations on all points relating to the books and records of undertakings.    Authorised representatives of the Commission shall exercise these rights on production of a pass stating that they are empowered to carry out all necessary inspections pursuant to this Article. They must carry a written authority naming the undertaking to be inspected and the purpose of the inspection. Details of the written authority and of the status of the persons responsible for carrying out the inspection shall be duly notified beforehand to the Member State concerned.  Officials of that State may, at the request either of the latter or of the Commission, assist the authorised  representatives of the Commission in the performance of their duties.  If any undertaking refuses inspection as provided for in this Regulation, the Member State concerned shall give the authorised representatives of the Commission such support and assistance as may be necessary for the purpose of carrying out their inspections as instructed. Member States shall introduce the necessary measures for this purpose before 1 July 1961, after consulting the Commission.  3. All persons taking part in inspections as provided for in this Article shall observe professional secrecy, in accordance with Article 214 of the Treaty.   Article 15 1. Without prejudice to measures taken under Article 79 (4) of the Treaty, the Commission and Member States shall ensure that all facts made known to them in pursuance of Articles 5, 11, 13 and 14 remain confidential.  2. Unless the Council unanimously decides otherwise, information so obtained may only be used for the implementation of this Regulation.   Article 16 After consulting the Commission, Member States shall, within the time limit laid down in Article 14 (1), lay down appropriate penalties for:    (a) carriers who fail to comply with the rules laid down in Articles 5 (2) and 6;       (b) undertakings which, having been required to do so, fail to submit to their Governments within the time limit laid down, the information specified in Articles 11 and 13;       (c) undertakings which knowingly submit false information to their Governments.     Article 17 1. If such an undertaking as aforesaid fails to submit the information requested by the Commission under Articles 11 and 13 within the time limit laid down, or if it knowingly supplies false information, the Commission may, in accordance with the second subparagraph of Article 79 (3) of the Treaty, take a decision imposing a penalty of not more than 500 units of account on the undertaking concerned and may specify a fresh date for submission of the required information. If that undertaking fails to supply the information by the fresh date, the decision may be repeated.  2. However, such penalties may be imposed only if the request for information has been presented in the form of a decision referring expressly to the penalties provided for in this Article.   Article 18 1. If the Commission is satisfied that there is discrimination within the meaning of Article 79 (1) of the Treaty, it may, in respect of each case of discrimination and taking a decision as provided for in Article 79 (4), impose on the carrier responsible a penalty not exceeding twenty times the carriage charge obtained or demanded.  2. If discrimination within the meaning of Article 79 (1) of the Treaty continues despite a decision by the Commission ordering that such discrimination be ended, the Commission may impose on the carrier responsible, in respect of each case of discrimination and in accordance with Article 79 (4) of the Treaty, a penalty not exceeding 10 000 units of account.  3. Before imposing a penalty under Article 17 of this Regulation, the Commission shall consult all Member States concerned, which shall be supplied with copies of all documents and evidence assembled in connection with the investigation conducted by the Commission under Article 79 (4) of the Treaty. Each Member State consulted may seek the opinion of an independent national body and shall reply within two months.   Article 19 Decision taken under Articles 17 and 18 of this Regulation shall not be of a criminal law nature.   Article 20 Before any decision is taken in pursuance of Articles 17 and 18, the undertaking concerned shall be notified of the measure proposed.  The Commission shall, by way of information, forward copies of decisions taken under Articles 17 and 18 to the Member States concerned.   Article 21 For the purposes of the preceding Articles, the unit of account shall be that used for drawing up the budget of the Community, as provided in Articles 207 and 209 of the Treaty.    Article 22 All undertakings, whether governed by public or by private law, shall be responsible for the acts of their servants as regards compliance with the provisions of this Regulation. This provision shall also apply as regards the penalties laid down in this Regulation.   Article 23 Penalties imposed by the Commission under Articles 17 and 18 shall be enforced in the manner laid down in Article 192 of the Treaty. Sums collected in enforcement of decisions imposing penalties shall be paid over to the European Economic Community and shall be shown as revenue in its budget.   Article 24 Where a Member State submits an application under Article 79 (4) of the Treaty requesting investigation of a case which it considers to constitute discrimination, such application shall state the reasons on which it is based.   Article 25 1. Before taking a decision or imposing a penalty under Article 18 of this Regulation, the Commission shall hear explanations from the person concerned or his authorised representative; it may appoint one of its officials to hear such explanations.  2. Pursuant to Article 172 of the Treaty, the Court of Justice shall have unlimited jurisdiction in regard to any penalty imposed under Articles 17 and 18. The Commission may not proceed with the enforcement of a penalty until the period allowed for appeal has expired.   Article 26 The Commission shall take the measures necessary for the implementation of this Regulation.     This Regulation shall be binding in its entirety and directly applicable in all Member States.  Done at Brussels, 27 June 1960.  For the Council  The President  P. GRÉGOIRE

Summary:
Inland navigation: access to the market
Inland navigation: access to the market
SUMMARY OF:
Regulation (EC) No 169/2009 applying competition rules to transport by rail, road and inland waterway
Regulation (EC) No 718/1999 on an EU-fleet capacity policy to promote inland waterway transport
Directive 96/75/EC on the systems of chartering and pricing in national and international inland waterway transport in the EU
Regulation (EC) No 1356/96 on common rules applicable to the transport of goods or passengers by inland waterway between EU countries with a view to establishing freedom to provide such transport services
Regulation (EEC) No 3921/91 laying down the conditions under which non-resident carriers may transport goods or passengers by inland waterway within an EU country
Directive 87/540/EEC on access to the occupation of carrier of goods by waterway in national and international transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation
Regulation (EEC) No 2919/85 laying down the conditions for access to the arrangements under the Revised Convention for the navigation of the Rhine relating to vessels belonging to the Rhine Navigation
Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79(3) of the Treaty establishing the European Economic Community
WHAT IS THE AIM OF THE REGULATIONS AND DIRECTIVES?
Regulation (EC) No 169/2009 sets out EU competition rules applying to transport by road, rail and inland waterways.
Regulation (EC) No 718/1999, together with amending Regulation (EU) No 546/2014, lays down the rules for a policy on EU fleet capacity.
Directive 96/75/EC outlines steps to achieve freely negotiated chartering contracts and pricing in the EU.
Regulation (EC) No 1356/96 aims to ensure that operators who transport goods or passengers by inland waterway are free to provide these services between EU countries.
Regulation (EEC) No 3921/91 lays down the conditions under which non-EU carriers are free to operate inland waterway transport services in the EU.
Directive 87/540/EEC aims to establish uniform access conditions to the occupation of carrier, facilitating mutual recognition of diplomas and other qualifications.
Regulation (EEC) No 2919/85 lays down the conditions for accessing arrangements under the Revised Convention for the navigation of the Rhine relating to vessels belonging to the Rhine navigation.
EEC Council Regulation No 11 aims to eradicate discrimination in transport rates and conditions.
KEY POINTS
              
The legislative framework for the EU inland waterway transport (IWT) includes legislation covering various objectives which together aim at liberalising the IWT transport market by:
ensuring that IWT operators have free access to all European inland waterways;
abolishing discriminatory and unfair market practices, in particular regarding rates and tariffs; and
creating fair conditions of competition through common rules including admission to the occupation of IWT carrier.
Regulation (EC) No 169/2009 aims to harmonise EU competition rules on road, rail and inland waterways transport, by defining exemptions from the prohibition of restrictive agreements, decisions or concerted practices that aim to achieve technical improvements or technical cooperation by:
standardising equipment;
exchanging or pooling staff, equipment, vehicles or fixed installations;
fixing and applying inclusive rates for successive, complementary, substitute or combined transport operations, including special competitive rates;
using the most rational routes;
coordinating transport timetables for connecting routes;
grouping single consignments;
establishing uniform tariff structures, provided those rules do not lay down rates and conditions.
The regulation also exempts certain small and medium-sized enterprises.
Regulation (EC) No 718/1999 aims to lay down community fleet policy for IWT in the EU.
It covers vessels that transport goods commercially with certain exemptions, inter alia for vessels that operate exclusively on the Danube or for vessels that are used for storing goods or dredging.
It requires EU countries with fleet tonnage of over 100,000 tonnes and with waterways connected with other EU countries to set up an inland waterways fund. Each fund shall have a reserve fund with separate accounts for dry cargo carriers*, tankers* and pusher vessels*. These funds are to be administered by national authorities.
The reserve fund can be used: in the event of ‘serious market disturbance’ in the IWT market (within the meaning of Directive 96/75/EC, see below) at the request of an EU country; orif unanimously requested by the organisations representing IWT.
Regulation (EC) No 181/2008 sets out the practical arrangements for implementing the EU fleet capacity policy, including the rate of the contributions to the fund.
Amending Regulation (EU) No 546/2014 extends the scope of the measures available under Regulation (EC) No 718/1999.
Directive 96/75/EC includes two sets of policy measures:
to achieve freely negotiated chartering contracts and pricing in the EU by transitioning from the previous system of ‘chartering by rotation’ for transport operations (at previously fixed prices based on the order in which vessels become available after unloading);
to allow the European Commission to take action in the event of serious disturbance of the IWT market including, in particular, measures designed to prevent any new increase in the transport capacity.
Regulation (EC) No 1356/96 aims to ensure that operators who transport goods or passengers by inland waterway are allowed to carry out transport operations between EU countries and to transit through them without discrimination on grounds of nationality or place of establishment, if they:
are legally established in an EU country and are entitled in that country to carry out international transport of goods or passengers by inland waterway and use vessels which are registered in an EU country;
satisfy the conditions of Regulation (EEC) No 3921/91.
Special rules on the rights of operators from non-EU countries exist under the Revised Convention for the Navigation of the Rhine (Convention of Mannheim) and the Convention regarding the Regime of Navigation on the Danube (Belgrade Convention), or may arise from other international agreements or treaties to which the EU is a party.
Regulation (EEC) No 3921/91 builds upon the general principles of equality of treatment and freedom to provide services, whereby non-resident carriers should be allowed to carry out national transport services (‘cabotage’) on inland waterways in the EU. It lays down the following conditions:
carriers may temporarily carry out cabotage services, without having to set up a registered office, provided that they are established in an EU country in accordance with its legislation and that they are entitled to transport goods or persons internationally by inland waterway;
carriers may only use vessels owned by: EU residents or EU-country nationals, orlegal persons with their registered office in an EU country and in which EU-country nationals hold a majority interest.
Directive 87/540/EEC requires that individuals and undertakings possess competences recognised by the authorities or by a body appointed by each EU country in the following areas:
law;
commercial and financial management of an undertaking;
access to the market;
technical standards and technical aspects of operation;
safety; and
international transport operational issues.
The authority will issue a certificate on the basis of a diploma, attendance at a course or proven practical experience. If the carrier no longer meets the conditions, the certificate may be withdrawn.
Regulation (EEC) No 2919/85. The Revised Convention for the Navigation of the Rhine (amended by Additional Protocol No. 2) stipulates that only vessels belonging to the Rhine navigation are authorised to navigate on the Rhine.
A vessel belongs to the Rhine if it carries a document issued by a competent authority of a Rhine country (i.e. Belgium, France, Germany, the Netherlands and Switzerland). The regulation extends the application of the convention to all EU countries, thereby ensuring the equal treatment of vessels from throughout the EU.
EEC Council Regulation No 11/1960 aims to implement Article 79(3) of the Treaty of Rome (now Article 95 of the Treaty on the Functioning of the European Union). The regulation:
prohibits any discrimination by carriers — in the form of charging different rates and imposing different conditions for carrying the same goods over the same transport links — on the grounds of the country of origin or of the destination of the goods in question;
covers the carriage of all goods by several modes of transport, be it by rail, road or inland waterways;
sets rules on documentation requirements for transport documents;
requires EU countries to check compliance with the obligations.
FROM WHEN DOES THE LEGISLATION APPLY?
Regulation (EC) No 169/2009 has applied since 25 March 2009.
Regulation (EC) No 718/1999 has applied since 29 April 1999.
Directive 96/75/EC has applied since 30 November 1996 and had to become law in the EU countries by 1 January 1997.
Regulation (EC) No 1356/96 has applied since 2 August 1996.
Regulation (EEC) No 3921/91 has applied since 5 January 1992.
Directive 87/540/EEC has applied since 12 November 1987 and had to become law in the EU countries by 30 June 1988.
Regulation (EEC) No 2919/85 has applied since 22 October 1985.
Regulation No 11/1960 has applied since 5 September 1960.
BACKGROUND
              
For more information, see:
Inland waterways (European Commission).
KEY TERMS
              
Dry cargo carriers: vessels that carry dry cargo (e.g. grains).
Tankers: vessels that carry wet cargo (e.g. oil).
Pusher vessels: vessels that serve to push other vessels such as barges but do not themselves carry cargo.
MAIN DOCUMENTS
            
Council Regulation (EC) No 169/2009 of 26 February 2009 applying rules of competition to transport by rail, road and inland waterway (Codified version) (OJ L 61, 5.3.2009, pp. 1-5)
Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community-fleet capacity policy to promote inland waterway transport (OJ L 90, 2.4.1999, pp. 1-5)
Successive amendments to Regulation (EC) No 718/1999 have been incorporated into the original text. This consolidated version is of documentary value only.
Council Directive 96/75/EC of 19 November 1996 on the systems of chartering and pricing in national and international inland waterway transport in the Community (OJ L 304, 27.11.1996, pp. 12-14)
See consolidated version.
Council Regulation (EC) No 1356/96 of 8 July 1996 on common rules applicable to the transport of goods or passengers by inland waterway between Member States with a view to establishing freedom to provide such transport services (OJ L 175, 13.7.1996, pp. 7-8)
Council Regulation (EEC) No 3921/91 of 16 December 1991 laying down the conditions under which non-resident carriers may transport goods or passengers by inland waterway within a Member State (OJ L 373, 31.12.1991, pp. 1-3)
Council Directive 87/540/EEC of 9 November 1987 on access to the occupation of carrier of goods by waterway in national and international transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation (OJ L 322, 12.11.1987, pp. 20-24)
Council Regulation (EEC) No 2919/85 of 17 October 1985 laying down the conditions for access to the arrangements under the Revised Convention for the navigation of the Rhine relating to vessels belonging to the Rhine Navigation (OJ L 280, 22.10.1985, pp. 4-7)
EEC Council: Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79 (3) of the Treaty establishing the European Economic Community (OJ 52, 16.8.1960, pp. 1121-1126)
See consolidated version.
RELATED DOCUMENTS
            
Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VI — Transport — Article 95 (ex Article 75 TEC) (OJ C 202, 7.6.2016, p. 86)
Commission Regulation (EC) No 181/2008 of 28 February 2008 laying down certain measures for implementing Council Regulation (EC) No 718/1999 on a Community fleet capacity policy to promote inland waterway transport (Codified version) (OJ L 56, 29.2.2008, pp. 8-12)
last update 22.12.2020