CELEX: 51985PC0211
Language: en
Date: 1985-05-20
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 75/130/EEC ON THE ESTABLISHMENT OF COMMON RULES FOR CERTAIN TYPES OF COMBINED TRANSPORT OF GOODS BETWEEN MEMBER STATES

No C 139/2                            Official Journal of the European Communities                               7.6. 85
                                                               II
                                                        (Preparatory Acts)
                                                  COMMISSION
            Amendments to the proposal for a Council Directive amending Directive 78/1015/EEC on the
            approximation of the laws of the Member States relating to the permissible sound level and
                                                exhaust system of motorcycles (*)
                                                       COM(85) 228 final
            (Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty on
                                                          13 May 1985)
                                                         (85/C 139/02)
                (Amendments to Doc. COM(84) 438 final following the opinion of the European Parliament)
            Second recital:
            following the words 'should be reduced', add 'to approximately 80 dB (A)'.
            Articles 2 and 3:
            each time that the Directive 78/1015/EEC is referred to, add (when missing) the phrase 'as
            amended by the present Directive'.
            (') OJ No C 263, 2. 10. 1984, p. 5.
            Proposal for a Council Directive amending Directive 75/130/EEC on the establishment of
                 common rules for certain types of combined transport of goods between Member States
                                                       COM(85) 211 final
                              (Submitted by the Commission to the Council on 22 May 1985)
                                                         (85/C 139/03)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas the application of Council Directive 75/130/
                                                                    EEC O , as last amended by Directive 82/603/EEC (2),
Having regard to the Treaty establishing the European               has led to positive results;
Economic Community, and in particular Article 75
thereof,
                                                                   Whereas the development of combined transport is a
Having regard to the proposal from the Commission,                  matter of public interest;
Having regard to the opinion of the European Parlia-
ment,
Having regard to the opinion of the Economic and                    0) OJ No L 48, 22. 2. 1975, p. 31.
Social Committee,                                                   (2) OJ No L 247, 23. 8. 1982, p. 6.
 ---pagebreak--- 7.6. 85                                   Official Journal of the European Communities                               No C 139/3
Whereas the continuing development of combined                           is hauled on a terminal section, or on an initial section
transport over the last few years requires to amend and                  for the return journey, by a tractor belonging to an
extend, the present Community rules to be amended and                    undertaking engaged in transport for hire or reward,
extended in order better to exploit the possibilities                    the transport operation so effected shall be exempt
offered by the various techniques;                                       from presentation of the document provided for in
                                                                         Article 3 but another document shall be provided
Whereas the development of combined transport by                         giving evidence of the journey covered or to be
inland waterways could be more marked if the zone in                     covered by rail or by inland waterway.'
which initial and terminal road journeys around the
ports of embarkation and disembarkation are liberalized              4. The following Articles 11 and 12 are inserted:
could be extended;
                                                                          Article 11
Whereas access by transport on own-account                   to          The terminal or initial road journey of combined
combined transport should be facilitated;                                road/rail transport or combined transport by inland
                                                                         waterway shall — by way of derogation from the
Whereas, in order to promote combined transport, this                    definition contained in the First Council Directive of
type of transport should be freed from certain limitations               23 July 1962 (') — be considered to be an own-
on road use during certain days or certain periods,                      account road transport operation if the road journey
                                                                         is carried out by a tractor owned by or bought on
                                                                         deferred terms by or hired by and driven by
HAS ADOPTED THIS DIRECTIVE:                                              employees of an undertaking which:
                           Article 1                                     — belongs to the same economic entity as the under-
                                                                              taking which forwarded the goods,
Directive 75/130/EEC is hereby amended as follows:
                                                                         — is the recipient or the sender of the goods
1. The third indent of Article 1 (1) is replaced by the                      transported,
    following:
                                                                         and if the initial or terminal road journey in each case
    '— combined transport by inland waterway means                       is an own-account transport operation as defined in
         the transport of lorries, trailers, semi-trailers with          the said Directive.
         or without tractor, swap bodies and containers of
          20 feet or more by inland waterway between
          Member States, including initial and terminal                  O OJ No 70, 6. 8. 1962, p. 2005/62.
          sections of road transport runs within a radius of
         up to 150 kilometres as the crow flies from the                 Article 12
          inland-waterway port of shipment or unloading.'                Initial or terminal road haulage in the context of
                                                                         combined road/rail transport or combined transport
2. Article 4 (1) is replaced by the following:                           on inland waterways shall be exempt from general
                                                                         prohibitions on road movement laid down by non-
    '1.     When a frontier is crossed on the road journey               local authorities in respect of certain days or during
    before the journey by rail or inland waterway,                       certain periods.'
    Member States may require the operator to prove by
    means of an appropriate document that a reservation               5. Article 11 becomes Article 13.
    has been made for the transport by rail or by inland
    waterway of the tractor, lorry, trailer, semi-trailer, or
    the swap bodies thereof, and the container of 20 feet                                        Article 2
    or more.'                                                         Member States shall take the measures necessary to
                                                                      comply with this Directive before 1 July 1986. They shall
 3. Article 9 is replaced by the following:                           inform the Commission thereof.
     'Article 9
                                                                                                 Article 3
    Where a trailer or semi-trailer, belonging to an under-
    taking engaged in own-account combined transport,                This Directive is addressed to the Member States.