CELEX: 51992PC0538(02)
Language: en
Date: 1992-12-07
Title: Amendment to the proposal for a COUNCIL REGULATION (EEC) amending Regualtion (EEC) No 1107/70 on the granting of aids for transport by rail, road and inland waterway

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                           COMMISSION OF THE EUROPEAN COMMUNITIES
 MHkï                                                                 COM(92) 538 final
                                                                      Brussels, 7 December 1992
 SSI
                                              Amendment to the proposal for a
                                                      COUNCIL DIRECTIVE
                                           amending Council Directive 75/130/EEC
                               of 17 February 1975 on the establishment of common rules for
                                        certain types of combined carriage of goods
                                                    between Member States
                                              Amendment to the proposal for a
                                                  COUNCIL, RE6ULAT1QN (EEC)
                "^sâsslili
                                amending Regulation (EEC) No 1107/70 on the granting of aids
                                       for transport by rail, road and inland waterway
If ^ y%
                                  (presented by the Commission pursuant to Article 149(3)
                                                     of the EEC-Treaty)
11», ^ i b î § É t î
 ---pagebreak---                              - 2 -
     Amendment to the proposal for a Council Directive
            amending Council Directive 75/130/EEC
of 17 February 1975 on the establishment of common rules for
         certain types of combined carriage of goods
                     between Member States
 ---pagebreak---                                      - 3 -
                            Explanatory memorandum
1. On 10 June the Commission presented to the Council a proposal for
   Council Directive amending Directive 75/130/EEC on the establishment of
   common rules for certain types of combined carriage of goods between
   Member States. 1
   The proposal is aimed at updating current Community legislation on
   combined transport in the light of recent developments in the combined
   transport market.
2. In the course of its plenary session of 20 November Parliament approved
   the Commission proposal, subject to a number of amendments.
3. Ail the amendments seem acceptable to us, since they either clarify the
   wording of the proposed Directive or involve the inclusion of measures
   likely to foster the development of combined transport. The sole
   exception is amendment No 11, postponing until 1 July 1993 the entry
   into force of the new Directive, i.e. the complete liberalization of
   road haulage journeys linked with a sea Journey in the course of
   combined transport. In view of the Commission's aim to completely
   liberalise road cabotage on 1 January 1993, this amendment is
   inappropriate. The date of entry into force of these measures
   specifically concerning sea/road transport should not be later than
   January 1993.
1  OJ No C 282,-30.1.0.1992.» p.8
 ---pagebreak---                                      - 4 -
              Amendment to the proposal for a Council Directive
                    amending Council Directive 75/130/EEC
        of 17 February 1975 on the establishment of common rules for
                 certain types of combined carriage of goods
                             between Member States
   (Presented by the Commission pursuant to Article 149(3) of the Treaty)
The Commission proposal for a Council Directive on the establishment of
common rules for certain types of combined carriage of goods between Member
States is amended as follows:
1.  The fifth recital is amended, becoming:
    "Whereas a sea transport operation continued by another mode or modes of
    transport should therefore come under the heading of combined
    transport;"
2.  The sixth recital is deleted and replaced by:
    "Whereas the current rules on tax exemptions or refunds applicable to
    road vehicles used in combined transport should be harmonized so as to
    make them more effective and ensure more uniform application of such
    rules throughout the Community;"
3.  The following recital is inserted after the sixth recital and becomes
    the seventh recital:
    "Whereas a Community policy which seeks to relaunch combined transport
    and an intermodal approach must seek to harmonize and make compatible
    the national technical regulations and standards governing combined
    transport;"
4.  The former seventh recital now becomes the eighth; it is not amended;
5.  Article 1(1) is amended as follows:
 ---pagebreak---                                       - 5 -
                                    Article 1
 "For the purposes of this Directive:
      combined transport means the transport of goods between Member States
      where the tractor unit, lorry, trailer, semi-trailer with or without
      tractor, swap body or container (of 20 feet or more) uses the road on
     one leg of the Journey and rail and/or inland waterway and/or maritime
      services on the other leg, or uses the railways on one leg and inland
     waterway and/or maritime services on the other,"
6.   Article 2 is amended as follows:
                                   "Article 2
 1.   This Directive shall apply to the types of combined transport defined in
     Article 1 where the initial or final road haulage leg of the Journey
      takes place:
          between the point where the goods are loaded and the nearest
          suitable rail loading station for the initial leg, and between the
          point where the goods are unloaded and the nearest suitable rail
          unloading station for the final leg, or
          within a radius not exceeding 150 km as the crow flies from the
          inland waterway port of loading or unloading, or
          within a radius not exceeding 150 km as the crow flies from the sea
          port of loading or unloading.
2.   For the purposes of this Directive, the maritime section of a combined
     transport Journey must cover a minimum distance of 125 km as the crow
     fIies.
3.   Within ten years of the entry into force of this Directive, the Member
     States may, in agreement with the Commission, extend the maximum
     distance proposed in the third indent of paragraph 1 to 200 km if the
     Member State concerned is able to demonstrate that such a measure is
     advisable within its territory in view of its railway and inland
     waterway capacity and there is no danger of distortion of competition."
7.   The new Article 4 is amended as follows:
                                   "Article 4
In the case of combined transport for hire or reward, a transport document
which fulfils at least the requirements laid down in Article 6 of Council
Regulation No 11* of 27 June 1960 concerning the abolition of
discr iminat ion
     O.J. No C52, 16.8.1960, p. 1121/60
 ---pagebreak---                                     - 6 -
in transport rates and conditions in implementation of Article 79(3) of the
Treaty establishing the European Economic Community shall also specify the
rail loading and unloading stations relating to the rail leg and/or the
inland waterway loading and unloading ports relating to the inland waterway
leg and/or the maritime loading and unloading ports relating to the maritime
section of the Journey. These details shall be recorded before the transport
operation is carried out and shall be confirmed by means of a stamp affixed
by the rail and/or port authorities in the stations and/or inland waterway
and/or sea ports concerned when that part of the Journey carried out by rail
or inland waterway or by sea has been completed."
J.  The new Article 5 Is amended as follows:
                                  "Article 5
1.  When a frontier is crossed on the road journey before the rail journey
    and/or before the inland waterway Journey and/or before the sea journey,
    Member States may require the operator to furnish an appropriate
    document proving that a reservation has been made for the transport by
    rail of the tractor unit, lorry, trailer, semi-trailer, swap body or
    container (of 20 feet or more) and for the transport by inland waterway
    and/or by sea of the tractor unit, lorry, trailer, semi-trailer, swap
    body or container (of 20 feet or more).
2.  Member States may authorize the inspection authorities to require the
    rail and/or inland waterway and/or sea transport document to be produced
    on completion of the rail, inland waterway or sea leg of the combined
    transport Journey."
 g. The new Article 9(1) is amended, becoming:
                                  -Article 9
1.  By 1 July 1993 the Commission shall submit proposals for rules common to
    all the Member States to ensure that the taxes listed in paragraph 3
    applicable to road vehicles (lorries, tractors, trailers or semi-
    trailers), when used for combined transport, are reduced or refunded
    either by a standard amount or in proportion to the journeys undertaken
    by rail, inland waterway or sea.
    The Member states shall refund all indirect or equivalent taxes applied
    to the vehicle if it has, within a twelve-month period, undertaken more
    than 120 Journeys of which part of the total route was effected by rail,
    inland waterway or sea in inter-Community combined transport. Member
    States may require the operator to prove by means of the document
    referred to in Article 4 that he has used combined transport.
    Where the above number of Journeys has not been undertaken, the
    following reductions shall apply:
    between 91 and 120 Journeys: 75% of the reduction in the indirect taxes
    levied;
 ---pagebreak---                                      - 7 -
     between 61 and 90 Journeys: 50% of the reduction in the indirect taxes
     levied;
     between 31 and 60 Journeys: 25% of the reduction in the indirect taxes
     levied.
     Where the distance covered by rail, inland waterway or sea exceeds
     400 km, the journey shall count double. If the distance exceeds 800 km,
     the Journey shall count triple."
10. The new Article 10 is amended as follows:
                                  "Article 10
Where a trailer or semi-trailer belonging to an undertaking engaged in own-
account combined transport is hauled on a final section by a tractor
belonging to an undertaking engaged in transport for hire or reward, the
transport operation so effected shall be exempt from presentation of the
document provided for in Article 4, but another document shall be provided
giving evidence of the Journey covered or to be covered by rail and/or by
 inland waterway and/or by sea".
Aft. A new Article is Inserted:
                                  "Article 14
The Commission shall present to the Council and Parliament as soon as
possible and not later than 1 July 1993 a report, accompanied by proposals,
on the harmonization of regulations, technical specifications and standards
governing combined transport, and in particular the compatibility and
standardization of load units and vehicles used in combined transport."
1Z- The present Article 14 becomes Article 15.
 ---pagebreak---                            - s-
     Amendments to the proposal for a Council Regulation (EEC)
    amending Regulation (EEC) No 1107/70 on the granting of aids
           for transport by rail, road and inland waterway
t f
 ---pagebreak---                                  -9-
                          Explanatory memorandum
1. On 10 June the Commission presented to the Council a proposal for a
   Council Regulation (EEC) amending Regulation (EEC) No 1107/70 on the
   granting of aids for transport by rail, road or inland waterway.1
2. In the course of its plenary session of 20 November Parliament approved
   the Commission proposal, subject to a number of amendments.
3. All the amendments seem acceptable to us, since they clarify the wording
   of the proposed Directive. The sole exception is the amendment
   extending the Regulation's period of application until 31 December 2000.
1  OJ No C 282, 30.10.1992, p.10.
 ---pagebreak---                                   - /| o -
          Amendments to the proposal for a Council Regulation (EEC)
 amending Regulation (EEC) No 1107/70 on the granting of aids
               for transport by rail, road or inland waterway.
   (Presented by the Commission pursuant to Article 149(3) of the Treaty)
The Commission proposal for a Council Regulation amending Council Regulation
(EEC) No 1107/70 is amended as follows:
1.  The new third recital is worded as follows:
    "Whereas investment in transshipment terminals, which form the
    interfaces of the various modes of transport, is crucial to the
    development of combined transport;"
2.  The third recital is amended and becomes the new recital 7a:
    "Whereas the possibility of granting such aid for the operating costs of
    combined transport services crossing the territory of non-member
    countries is warranted in the case of all transit countries and, in
    particular, Austria, Switzerland, Slovenia and the other States of the
    former Yugoslavia;"
3.  The seventh recital is amended, becoming:
    "Whereas the present aid arrangements should be maintained until
    31 December 1995 and the Council should decide, under the conditions
    laid down in the Treaty, on the arrangements to be applied subsequently
    or, if necessary, on the conditions for terminating such aid;"
4.  A new recital 8a is added:
    "Whereas sea transport is a key component of a Community policy
    favouring intermodal transport and the Commission should present, as
    soon as possible, proposals on the granting of such aids for transport
    by sea, and particularly for port terminals,"
 ---pagebreak---                                  / M     -•
Article 3(1 H e ) is amended as follows:
"(e)   until 31 December 1995, where the aids are granted as a temporary
       measure and designed to facilitate the development of combined
       transport, such aids have to relate to:
        investment in infrastructure, and notably in transshipment
       terminals, or
        investment in fixed and moveable facilities necessary for
       transshipment, or
        investment in transport facilities specifically designed for
       combined transport and used exclusively in combined transport, or
     - other costs incurred in running combined transport services in
       transit across Austria, Switzerland, Slovenia and the States of
       the former Yugoslavia.
The Commission shall present a progress report on those measures to the
Council every two years giving details of where the aids went to, their
amount and their impact on combined transport. Member States shall
supply the Commission with the information needed to compile the report.
By 31 December 1995, and on a proposal from the Commission, the Council
shall decide on the arrangements to be applied subsequently and, if
necessary, on the conditions for terminating them."
Article 3(1) is amended by the insertion of a new letter (f):
 (f)   by 30 June 1993 the Commission shall submit to the Council and to
       the European Parliament a report with proposals on the granting
       of aids for transport by sea and particularly for port
       terminals."
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                                                                     ISSN 0254-1475
                                                              COM (92) 538 final
                                                      DOCUMENTS
EN                                                                              07
                                 Catalogue number : CB-CO-92-559-EN-C
                                                             ISBN 92-77-50565-6
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