CELEX: 51985PC0611
Language: en
Date: 1985-11-27
Title: PROPOSAL FOR A COUNCIL REGULATION LAYING DOWN THE CONDITIONS UNDER WHICH NON-RESIDENT CARRIERS MAY OPERATE NATIONAL ROAD HAULAGE SERVICES WITHIN A MEMBER STATE

No C 349/26                                 Official Journal of the European Communities                                    31. 12. 85
                Proposal for a Council Regulation laying down the conditions under which non-resident carriers may
                                    operate national road haulage services within a Member State
                                                            COM(85) 611 final
                                (Submitted by the Commission to the Council on 5 December 1985)
                                                              (85/C 349/03)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                HAS ADOPTED THIS REGULATION:
                                                                                                    Article 1
Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 75
thereof,                                                                With effect from 1 January 1987, any road haulier for hire or
                                                                        reward who
Having regard to the proposal from the Commission,                      — is established in a Member State in conformity with the
                                                                            legislation of that country,
                                                                        — is authorized in that country to carry out international
 Having regard to the opinion of the European Parliament,
                                                                            road haulage operations,
                                                                        — satisfies the conditions laid down by Council Directive
 Having regard to the opinion of the Economic and Social                    74/561/EEC (')on admission to the occupation of road
 Committee,                                                                 hauiage operator in international transport operations
                                                                            and by the measures taken to implement that Directive by
                                                                            the Member State in which he is established,
 Whereas, pinsuant to Article 75 (1) (b) of the Treaty, the
 establishment of a common transport policy entails, inter              shall be allowed to carry out national road haulage
alia, laying down the conditions under which non-resident              operations for hire or reward in a different Member State
carriers may operate transport services within a Member                 from the one in which he is established; he may temporarily
 State;                                                                pursue therein his activities without having to set up a
                                                                        registered office, place of business or other establishment in
                                                                       that State.
 Whereas the freedom to provide national transport services
 implicit in this provision entails the removal of all restrictions
 against the person providing the services in question on the
grounds of his nationality or the fact that he is established in a
                                                                                                    Article 2
different Member State from the one in which the service is to
 be provided;
                                                                        1. The carrying out of the transport operations referred to in
                                                                       Article 1 shall be subject to the following conditions:
Whereas, in accordance with the general principles of the
  Treaty as to equality of treatment and with the case-law of          — in the case of a natural person, the carrier must be a
 the Court of Justice on this matter, non-resident carriers                 national of one of the Member States,
should be allowed to carry out national transport operations
under the same conditions as those imposed by the Member               — in the case of a legal person, the carrier must:
State concerned on its own carriers;                                        — be under the continuous and effective management of
                                                                                persons a majority of whom are nationals of Member
                                                                                States,
Whereas only carriers authorized to perform road haulage
operations and having a genuine link with a Community                       — be constituted in such a way that the persons
Member State may be authorized to carry out national                            participating directly or indirectly in the majority of
transport operations in a different Member State from the                       the financial results of the transport undertaking or
one in which they are established;                                              having the majority of the voting shares or voting
                                                                                rights are nationals of Member States.
Whereas the number of unladen journeys in international                2. In the event of trust or similar arrangements, the
traffic should be reduced so as to ensure the more efficient use       conditions laid down in paragraph 1 must also be satisfied by
of vehicles and energy and thus improve the productivity of            the persons on behalf of whom or in whose interests the
international road haulage; whereas, moreover, a reduction             business is handled.
in the number of vehicles on the road will improve the general
environment,                                                           (') OJ No L 308, 19. 11. 1974, p. 18.
 ---pagebreak--- 31. 12. 85                                Official Journal of the European Communities                              No C 349/27
3. The Member State in which a carrier is established may,           national transport operations in a different Member State
as an exceptional measure, and after consulting the                  from the one in which he is established, without quantitative
Commission, grant derogations with regard to the majority            or qualitative restrictions, subject to the following
required in paragraph 1, provided that the way in which the          conditions:
transport undertaking is managed is not likely to disturb the
transport market.                                                    — the transport operations must follow on from a haulage
                                                                         operation between two Member States carried out under
4. The production of a certificate issued by the Member                  cover of an authorization or without an authorization in
State in which the carrier is established constitutes proof of           the case of liberalized services,
compliance with the provisions of paragraphs 1, 2 and 3.             — not more than two transport operations may be carried
This certificate or a copy of it must be kept on board the               out,
vehicle.
                                                                     — the transport operations must be carried out during the
                                                                         return journey either to the Member State in which the
                          Article 3                                      operator is based or to the Member State where the
                                                                         preceding international transport operation began.
The carrying out by a non-resident carrier of the national
transport operations referred to in Article 1 shall be governed      2. Without prejudice to paragraph 1, the provisions of
by the laws, regulations and administrative provisions in            Articles 2 and 3 shall also apply to the national transport
force in the Member State in which the transport operations          operations referred to in paragraph 1.
are carried out; such rules must be applied to non-resident
carriers under the conditions imposed by that State on its
own nationals and in such a way that there is no                                                Article 6
discrimination against non-resident carriers on the grounds
of nationality or place of establishment.                            Member States may require documentary proof that the
                                                                     national transport operations referred to in Article 5 follow
                                                                     on from a transport operation between two Member
                           Article 4                                 States.
For the purposes of the national transport operations
referred to in Article 1, no Member State shall refuse the                                      Article 7
choice of a fictitious registered place of business to a
non-resident carrier, where the laws, regulations or                 Member States shall, in due course, after consulting the
administrative provisions of that Member State entail                Commission adopt the measures necessary to implement this
choosing a registered place of business. This fictitious             Regulation.
registered place of business must be the same for all the
vehicles of the non-resident carrier.
                                                                                                Article 8
                          Article S                                  This Regulation shall enter into force on 1 July 1986.
 1. Without prejudice to Article 1, any carrier covered by that      This Regulation shall be binding in its entirety and directly
Article may, with effect from 1 January 1987, carry out              applicable in all Member States.
                  Proposal for a Council Directive on the prevention of environmental pollution by asbestos
                                                        (COM(85) 632 final
                              (Submitted by the Commission to the Council on 6 December 198S)
                                                          (85/C 349/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Having regard to the proposal from the Commission,
                                                                     Having regard to the opinion of the European Parliament,
Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 100 and               Having regard to the opinion of the Economic and Social
235 thereof,                                                         Committee,