CELEX: 51989PC0564(04)
Language: en
Date: 1990-01-25
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 75/130 ON THE ESTABLISHMENT OF COMMON RULES FOR CERTAIN TYPES OF COMBINED CARRIAGE OF GOODS BETWEEN MEMBER STATES

14. 2. 90                              Official Journal of the European Communities                               No C 34/15
               Proposal for a Council Directive amending Directive 75/130 on the establishment of common
                        rules for certain types of combined carriage of goods between Member States
                                                       COM(89) 564 final
                                       (Submitted by the Commission on 1 December 1989)
                                                          (90/C 34/09)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas the development of combined transport will
                                                                   facilitate transit across Alpine countries;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 75                  Whereas the existing rules on tax reduction or reimbur-
 thereof,                                                          sement for road vehicles used for combined transport
                                                                   should be harmonized to become more effective and to
                                                                   ensure uniform application throughout the Community;
 Having regard to the proposal from the Commission,
                                                                   Whereas the access of own-account transporters to
                                                                   combined transport should be facilitated,
 Having regard       to   the   opinion   of   the  European
 Parliament,
                                                                   HAS ADOPTED THIS DIRECTIVE:
 Having regard to the opinion of the Economic and
 Social Committee,
                                                                                                Article 1
                                                                   Directive 75/130/EEC is hereby amended as follows:
 Whereas      the application       of    Council    Directive
 75/130/EEC ('), as last amended by Directive
 86/544/EEC (2), has produced positive results;                    1. the third indent of Article 1 (1) is replaced by the
                                                                       following:
 Whereas the increasing problems related to road
                                                                       '— "Combined transport by inland waterway" means
 congestion, environment and road safety, call in the
                                                                             road transport of goods between Member States
 public interest for the further development of combined
                                                                             where the lorry, trailer, semi-trailer with or
 transport as a commercially attractive alternative for long
                                                                             without tractor unit, swap body and container of
 distance intra-Community road haulage;
                                                                             20 feet or more is transported by inland waterway
                                                                             between the nearest suitable river port of loading
                                                                             to the point of loading and the nearest suitable
Whereas the incentive given by present Community                             river port of unloading to the point of unloading';
 legislation on combined transport has faded due to the
 ongoing liberalization of conventional road haulage and
 hence this legislation needs to be amended in order to
better exploit the possibilities offered by the various tech-      2. Article 6 is replaced by the following:
 niques;
                                                                        'Article 6
Whereas on the basis of the principle of equal treatment
and the wish to promote all types of combined transport                1.     All hauliers, established in a Member State, who
equally, the rules concerning initial and terminal road               meet the conditions on access to the profession and
journeys for combined road/rail inland waterway                       access to the market for carriage between Member
transport should not be different from those applied to               States, shall have the right to carry out initial or
combined road/rail carriage;                                          terminal road haulage operations in the framework of
                                                                      combined transport. In particular a haulier may
                                                                      temporarily pursue activities in any Member State
Whereas, in order to promote broader use of combined                  involving initial or terminal hauls associated with
transport, access to road transport operations carried out            international combined transport without having to
in the framework of intra-Community combined                          set up a registered office, place of business or other
transport should not be restricted;                                   establishment in that Member State.
(') OJ No L 48, 22. 2. 1975, p. 31.                                   2.      Without prejudice to the provisions of Article 2,
(2) OJ No L 320, 15. 11. 1986, p. 33.                                 the carrying out by a non-resident haulier of the
 ---pagebreak--- No C 34/16                               Official Journal of the European Communities                                  14. 2. 90
   national transport operations referred to in paragraph          4. Article 11 is replaced by the following:
    1 shall be governed by the laws, regulations and
   administrative provisions in force in the Member State               'Article 11
   in which the transport operations are carried out;                  Initial or terminal road haulage in the framework of
   such rules must be applied to non-resident hauliers                 combined transport shall be exempted                from
   under the conditions imposed by that State on its own               compulsory tariff regulations.';
   nationals and in such a way that there is no discrimi-
   nation against non-resident hauliers on the grounds of          5. the following Articles are added:
   nationality or place of establishment.';
                                                                        'Article 12
3. paragraph 1 of Article 8 is replaced by the following:              The terminal or initial road journey of a combined
   '1.     Member States shall take the measures                       transport operation shall — by derogation of the defi-
   necessary to ensure that, as from 1 January 1985, the               nition of the First Council Directive of 23 July 1962
   taxes listed in paragraph 3 applicable to road vehicles             on the establishment of common rules for certain
   (lorries, tractors, trailers or semi-trailers) when routed          types of carriage of goods by road between Member
   in combined transport are reduced or reimbursed                     States (') — be considered to be an own-account road
   either by a standard amount, or in proportion to the                transport operation if the road journey is carried out
   journeys that such vehicles undertake by rail or inland             by a tractor owned by, bought on deferred terms or
   waterway, within limits and in accordance with                      hired by and driven by employees of an undertaking
   conditions and rules fixed by them after consultation               which is the recipient or the sender of the goods
   with the Commission.                                                transported and if the initial or terminal road journey
                                                                       respectively is an own-account transport operation as
   Such reductions or reimbursements shall be granted                  defined in the said Directive.
   by the State in which the vehicles are registered, on
   the basis of the rail or inland waterway journeys                   Article 13
   effected in combined transport.
                                                                       This Directive is addressed to the Member States.
   Member States shall reimburse the entire amount due
   for vehicle excise duties or similar tax, if the vehicle
                                                                       (') OJ No 70, 6. 8. 1962, p. 2005/62.'
   concerned in a period of 12 months has carried out
   more than 120 trips in the course of which the vehicle
                                                                                             Article 2
   was conveyed, over a part of the total distance, by rail
   or inland waterway in the framework of international            1.     Member States shall bring into force, after consul-
   combined transport. Member States may require the               tation of the Commission, the laws, regulations and
   operator to provide evidence of usage of the basis of           administrative provisions necessary to comply with this
   the document referred to in Article 3.                          Directive not later than 1 July 1990.
   If this number of trips is not undertaken the following         The provisions adopted pursuant to the                   first
   reduction will apply:                                           subparagraph shall make express reference to this
   — 91 to 120 trips: 75 % reduction on annual excise              Directive.
       duty paid,
                                                                   2.     Member States shall forthwith inform the
   — 61 to 90 trips: 50 % reduction on annual excise               Commission       thereof   and     communicate     to     the
       duty paid,                                                  Commission the provisions of national law which they
   — 31 to 60 trips: 25 % reduction on annual excise               adopt in the field covered by this Directive, which
       duty paid.                                                  provisions shall be communicated by the Commission to
                                                                   the Member States.
       If the distance covered by rail or inland waterway
       exceeds 400 kilometres the trip shall be counted
                                                                                             Article 3
       twice. If the distance exceeds 800 kilometres the
       trip shall be counted three times.';                        This Directive is addressed to the Member States.