CELEX: 51990PC0579(02)
Language: en
Date: 1990-11-30
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 4059/89 LAYING DOWN THE CONDITIONS UNDER WHICH NON-RESIDENT CARRIERS MAY OPERATE NATIONAL ROAD HAULAGE SERVICES WITHIN A MEMBER STATE

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(90) 579 final
                                                   Brussels, 30 November 1990
                                        Proposal for a
                                  COUNCIL REGULATION (EEC)
                                amending Regulation (EEC) No 3164/76
                    an aooess to the market in the international carriage
                                       of goods by road
                                      Proposal for a
                                 OCONCIL REGULATION (EBC)
                               amending Regulation (EBC) No 4069/69
               laying down the conditions under which non-resident oarriers
             may operate national road haulage servloes within a Member State
                               (presented by the Commission)
 #4
il; 1 '"^
 ---pagebreak---   1. On 30 November 1989 the Coinmission presented to the Oounoil a proposal
     for a Council Regulation1 amending Regulation (BBC) No 3164/76 on
     access to the market in the international oarriage of goods by road.2
     The main purpose of that proposal is to increase the Ctamraunlty quota by
     40% per year in 1990, 1991 and 1992.
     Council Regulation (EBC) No 1053/903 increased the CSommunlty quota for
     1990 by 40%. The proposal oonoerning the part yet to be approved (i.e.
     the inorease of the quota in 1991 and 1992; is still before the Council,
     but oould shortly be the subjeot of a Council decision.
  2. The enlargement of the C&mrnunity through the unification of Germany
     makes it neoessary to Inorease the Community quota for 1991 and 1992 and
     allooate the additional Community authorizations amongst the Member
     States. This should be done on the basis of the same prinoiples as when
     Spain and Portugal aooeded to the Community,4 that la by:
            calculating the inorease in the market in the oarriage of goods by
            road (in t-km) as a consequence of the GDR's integration into the
            EBC;
            applying an additional factor of 30% to take aooount of the
            immediate impact of the Community's enlargement.
1   0CM(89) 572 f i n a l ; QT No C 316, 16.12.1989, p . 6 .
2   Q J N 0 L 3 5 7 , 29.12.1976, p . l .
3   OJ No L 108, 28.4.1990, p . 5 .
4   Regulation (EBC) No 3677/85; OT No L 354, 30.12.1985, p.46.
                                                                               1
 ---pagebreak--- n Calculations for GOR carriers are hnperi cm «*> foTlcndttf *otmrt«!
  GDR quota -
   FRG quota x t-km by GDR carriers, with (BOB 12 - FRG). x 1.3
    (1991)         t-km by FRG carriers with (EUR 12 - FRG)
        Trade by GDR carriers with the FRG is excluded since this
        constitutes national transport within a unified Germany.
        The additional factor of 30% is 1.3.
        The FRG quota comprises 6 516 authorizations (in 1991).
        In 1989 the FRG's carriers worked 19 888 m t-km with (EDR 12 -
        FRG).
         In 1989 the GDR's carriers worked an estimated 548 m t-km with
         (EOR 12 - FRG).
   EÊSUli
   GDR quota - 6 516 X 548 X 1,5 - 234
                       19 888
4. The calculations for FRG carriers
   FRG quota «
   FRG q u o t a X t-km hy FRrt ra-rrittra Y*>tm=x*n qfp. tyrrl, Cj$JR 12 - FRG^) X 1.3
    (1991)         t-km by FRG carriers with (EDR 12 - FRG)
                                                                                        n
 ---pagebreak---                                          - 3 -
   Exjl/vnfttOTy Note
         The FRG quota for 1991 is 6 516
         In 1989 FRG carriers worked 19 888 m t-km In (EDR 12 - FRG).
         In 1989 FRG carriers worked an estimated 225 m t-km between GDR and
          (EUR 12 - FRG).
   Eesuli.
   Addition to FRG quota - 6 516 x 225 x 1.3 - 96
                                      19 888
   Sum of points 3 and 4:      234 + 96 - 330.
5. Thft PAlmilAtlfrnfi fnr rarriAra   f-mim TtemWir tthatflw n t l w Vhxn fVwwmy a x e
   based on the following formula:
   1991 quota x t-frm by carriers (EPR IS - 7SÙ) Witfr-GEB                 x  1.3
                  t-km by carriers (EDR 12 - FRG) with EDR 12
         The 1991 quotas are 4 086 (B), 3 964 (EK), etc.
          In 1989 carriers (EUR 12 - ERG) worked an estimated 110 865 m t-km
         with EUR 12.
          In 1989 carriers (EUR 12 - FK5) worked an estimated 281 m t-km with
          the GDR.
   Result
   Additional quota B - 4 086 x 281 x 1.8 - 14
                                   110 665
                                                                                       h
 ---pagebreak---                                     _4 -
5. Community quota table
                            1991                  1992
Member      Quota        Additional       Total Add.    Total
State        19911    authorizations            Auth.
   B        4 086             14         4 100    19    5 740
   EK       3 964             14         3 978    20    5 570
   D        6 516            330         6 846   462    9 585
   GR       1 808              6         1 814     8    2 540
   E        4 237             14         4 251    20    5 952
   F        5 540             19         5 559    27    7 783
   IRL      1 843              7         1 850     9    2 590
   I        5 550             19         5 569    27    7 797
   L        1 904              7         1 911    10    2 676
   NL       5 775             20         5 795    28    8 113
   P        2 399              8         2 407    11    3 370
   UK       3 472             12         3 484    17    4 878
           47 094           470        47 564    658   66 594
1 According to 0CM(89) 572 final.
 ---pagebreak---                                 Proposal for a
                           Council Regulation (EBC)
                   amending Regulation (EBC) No 3164/76 on
                         access to the market In the
                   international carriage of goods by, road
THE (JUUNOLL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Eoonomlo Ccjmmunity,
and in particular Artiole 75 thereof,
Having regard to the proposal from the Commission,1
Having regard to the opinion of the European Parliament,2
Having regard to the opinion of the Eoonomio and Social Committee,3
Whereas the enlargement of the (immunity through the unification of Germany
is reflected in an extension of the market in the oarriage of goods by
road;
Whereas the number of additional Community authorizations and their
allocation amongst the Member States must be fixed, with effect from
1 January 1991; whereas that allocation must afford oarriers established
in the former German Democratio Repuhlio aooess to the Community market
under the same conditions as those applicable to other oarriers;
Whereas it is necessary for this purpose to amend Council Regulation (EBC)
No 3164/76,4 as last amended by Régulation (EBC) No 1053/90,°
HAS ADOPTED THIS REGULATION:
1
2
3
4 OJ No L 357, 29.12.1976, p.1.
5 O J N O L 108, 28.4.1990, p.5.
                                                                            (>
 ---pagebreak---                                    - 2 -
                                 Article 1
Regulation (EBC) No 3164/76 is hereby amended as follows:
The following subparagraph shall be added to Article 3(1):
"In view of the enlargement of the Community through the unifioation of
Germany, Member States shall receive the following additional allocations
of Community authorizations in 1991 and 1992:
                                1991            1992
   Belgium                       14              19
   Denmark                       14              20
   Germany                      330             462
   Greece                         6               6
   Spain                         14              20
   France                        19              27
   Ireland                        7               9
   Italy                         19              27
   Luxembourg                     7              10
   Netherlands                   20              28
   Portugal                       8              11
   United Kingdom                12              17"
                                 Article 2
This Regulation shall enter into force on 1 January 1991.
This Régulation shall be binding in its entirety and direotly applicable in
all Member States.
Done at Brussels,
                                        For the Council
                                        The President
                                                                            T-
 ---pagebreak---              OHMPETinVENESS AND EMPLOYMENT IMPACT STATMENT
I.   What is the main reason for introducing the measure?
     To increase the Community quota to take aooount of the extension of
     the Community market through the unification of Germany.
II.  Features of the businesses in question.  In particular:
     - Are there many SMEs?
       Yes.
     - Have any mergers been noted in any regions \?hlch are:
       (a)     eligible for regional aid In the Member States?
               No.
       (b)     eligible under the ERDF?
               No.
III. What direct obligations does this measure Impose on businesses?
     None.
IV.  What indirect obligations are local authorities likely to impose on
     businesses?
     None.
V.   Are there any special measures in respect of SMEs? Please specify.
     No.
VI.  What is the likely effect on:
     (a) the competitiveness of businesses?
       - a reduction in administrative formalities,
       - road hauliers being better able to respond to market needs,
       - rationalization of servloes,
       - a oorrespondlng reduction in costs.
 ---pagebreak---      (b) employment?
         None.
VII. Have both sides of industry been oonsulted?
     No.
                                                 1
 ---pagebreak---                            KOTTAMTCKf MfflfUPfflTOf
Council Regulation (EBC) No 4059/8911
-  established a quota comprising 15 000 authorisations for the carriage of
   goods by road within Member States by carriers established ii* other
   Member States, and
- allocated these authorizations amongst the Member States.
2. The enlargement of the Community through the uniicatican of Germany
   makes it necessary to increase the cabotage q u c ^ and allocate the
   additional quota authorizations amongst tie Her&ar States.
3. The integration of the GDR into the Community will Increase the sum of
   the Twelve's national markets2 by 16 395 m t-km,3 namely:
        the national market in the GDR, and
        the FRG/GDR market, which will form part of the national market of
        a unified Germany.
   This represents a 3.88% increase in the sum of the Community's national
   markets.
   Since no account will be taken of the Impact of German unification
   before 1 January 1991 and the current cabotage quota applies only to the
   first half of 1991, only half of 3.88%, i.e. 1.94%, or an additional 298
   authorizations, need be added to the cabotage quota.
1 OJ No L 390, 30.12.1989, p.3.
2 The total volume of these markets was 423 070 m t-km In 1988.
3 Estimate for 1988.
                                                                            SIO
 ---pagebreak---                                    - 2 -
4. The additional authorizations must be allocated amongst the Member
   States in such a way that the distribution of the cabotage quota for the
   six months from 1 January 1991 to 30 June 1991 exaotly matches that of
   the 1991 Community quota allooation.1 On this basis, the allooation is
   as follows:
                              CABOTAGE QUOTA
   Member States        2nd half 1990   1st half 1991   «Wtlnn
   B                      651             672            21
   EK                     631.5           652.5          21
   D                    1 036.5         1 121.5          85
   GR                     286.5           297.5          11
   E                      675             697            22
   F                      883.5           911.5          28
   IRL                    292.5           305.5          11
   I                      883.5           912.5          29
   L                      303             314            11
   NL                     921             950            29
   P                      382.5           394.5          12
   UK                     553.5           571.5          18
                        7 500           7 798
1  See amended proposal to take account of German unification.
                                                                            m
 ---pagebreak---                                Proposal for a
                          COUNCIL REGULATE» (BBC)
                        amending Regulation (BBC) No 4009/89
        laying down the conditions under which non-resident oarriers
      may operate national road haulage servloes within & Member State
THE COUNCIL OF Œ E EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Eoonomlo Community,
and in particular Article 75 thereof,
Having regard to the proposal from the Commission,1
Having regard to the opinion of the European Parliament,2
Having regard to the opinion of the Eoonomlo and Social Committee,3
Whereas the enlargement of the Community through the unification of Germany
is reflected in an extension of the market in the oarriage of goods by
road;
whereas it is therefore necessary to Increase, with effect from
1 January 1991, the quota referred to in Article 2 of Regulation (EBC)
No 4059/89 and allocate the additional cabotage authorizations amongst the
Member States; whereas that allooation must afford oarriers established in
the former German Democractic Republic aooess to the Ooomunlty market under
the same conditions as those applicable to other carriers,
1
2
3
                                                                            sfL
 ---pagebreak---                                     - 2-
                                                                               «
HAS ADOPTED THIS REGULATION:                                                  t
                                  Article X                                   ,
                                                                                r
Regulation (EBC) No 4059/89 is hereby amended as follows:                     j
1. The following subparagraph shall be added to Article 2(1):
    "With effect from 1 January 1991, the number of oabotage authorizations   >j
   shall be increased by 298 to 15 298. "                                      »
2. The following subparagraph shall be added to Article 2(3):
    "With effect from 1 January 1991, the additional authorizations shall be
   allocated amongst the Member States as follows:                            ,'
                                                                                 Î
   Belgium               21                                                   <
   Denmark               21                                                   !
   Germany               85
   Greece                11
    Spain                22                                                    |
    France               28
    Ireland              11
    Italy                29
    Luxembourg           11
    Netherlands          29
    Portugal             12                                                    ;
    United Kingdom       18"
                                   Article 2
 This Regulation shall enter Into force on 1 January 1991.
 This Regulation shall be binding In its entirety and direotly applioahle In
 all Member States.
 Done at Brussels,
                                          For the Oounoil
                                          The President
                                                                             /U
 ---pagebreak---              QCMPJ31TIVENESS AND MPLCKMENT IMPACT STATEMENT
I.   What is the main reason for the measure?
     To increase the cabotage quota to take account of the Increase in the
     Community market through the unification of Germany.
II.  Features of the businesses In question. In particular:
     - Are there many SMEs?
       Yes.
     - Have any mergers been noted in any regions which, are?
       (a)     eligible for regional add in the Member States?
               No.
       (b)     eligible under the ERDF?
               No.
III. What direct obligations does this measure impose on businesses?
     None.
IV.  What Indirect obligations are local authorities likely to impose on
     businesses?
     None.
V.   Are there any special measures in respect of SMEs? Please specify.
     No.
VI.  What is the likely effect on:
       the competitiveness of businesses?
       - the opening-up of national markets and road hauliers being better
         able to respond to market needs,
       - rationalization of services,
       - a corresponding reduction in costs.
                                                                           rtn. <
 ---pagebreak---        employment?
       None.
VII. Have both sides of industry been consulted?
     No.
                                                 /IS
 ---pagebreak---  ---pagebreak---                                                                                ISSN 0254-1475
                                                                COM(90) 579 final
                                                      DOCUMENTS
EN                                                                                        07
                                  Catalogue number : CB-CO-90-598-EN-C
                                                               ISBN 92-77-66541-6
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