CELEX: 51991PC0105
Language: en
Date: 1991-04-04
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 4060/89 ON THE ELIMINATION OF CONTROLS PERFORMED AT THE FRONTIERS OF MEMBER STATES IN THE FIELD OF ROAD AND INLAND WATERWAY TRANSPORT

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          C0MC91) 105 final
                                          Brussels, 4 Apr 11 1991
                         Proposal for a
                    COUNCIL REGULATION (EEC)
             amending Regulation (EEC) No 4060/89
  on the elimination of controls performed at the frontiers
            of Member States in the field of road
                 and inland waterway transport
                 (presented by the Commission)
 ---pagebreak---                                           - 2 -
                               EXPLANATORY MEMORANDUM
1.   The Council adopted Regulation (EEC) No 4060/89 on the elimination of
controls performed at the frontiers of Member States in the field of road
and inland waterway transport1       in December 1989.      The Regulation lays down
that    controls on   road  vehicles     and  inland   waterway    craft,    and  on  the
various documents relating to their operation, must form part of the normal
controls     applied     in   a    non-discriminatory        fashion      throughout    a
Member State's     territory.   This    is to apply     to  all    means   of   transport
registered or put into circulation in a Member State.
The   controls   and  formalities    to which    the Regulation       refers   are  those
performed under Community or national         law in the fields of road and inland
waterway transport, and are listed in the Annex to the Regulation.
2.    In the absence, however, of appropriate Community              law some types of
transport between Member States are performed on the basis of international
conventions     or  agreements   adopted     under   the   United     Nations    Economic
Commission for Europe.
The types of transport      in question     include  in particular      the carriage of
dangerous     goods,   covered   by    the   European    Agreement      concerning    the
international Carriage of Dangerous Goods by Road (ADR), and the carriage
of   foodstuffs, covered     by  the European      Agreement    on   the   International
Carriage of Perishable Foodstuffs and on the Special Equipment to be used
for such Carriage (ATP).
Although two Member States are not yet contracting parties to one of these
agreements (Ireland in the case of the ADR, Greece in the case of the ATP)
all Member States do in practice apply the provisions of these agreements
on the basis of their domestic law.
1   OJ No L 390, 30.12.1989, p. 18.
 ---pagebreak---                                            3 -
The ADR and the ATP determine, among other things the technical compliance
of  road   vehicles    used   to  carry   dangerous    and  perishable    goods,   the
equipment    to be    fitted  on   those   vehicles, and     the  various    documents
(certificates, etc.) to be carried on them.
As with Community legal instruments, the ADR and ATP do not lay down how or
where controls and verifications on vehicles and their documents should
take place;    as a result, the decision on these matters is implicitly left
to the contracting parties.
This has led to a situation in which most Member States carry out these
controls at their frontiers.
Certain technical     characteristics (e.g. weights and dimensions) of road
vehicles intended for intra-Community transport - including the carriage of
dangerous and perishable goods - are          laid down by Community        Directives
(Directive 85/3/EEC, as amended by Directives 86/360/EEC, 86/364/EEC and
88/218/EEC).    These are among      the Community     instruments referred     to in
Regulation No 4060/89 and the controls provided for are already performed
in the same way as for national transport operations.
It is therefore entirely consistent to act in such a way that all technical
checks   and   controls    on  the   documents     in  respect   of   these   vehicles
(including    those relating to vehicles carrying dangerous or              perishable
goods),   should   be   carried  out    in the    same  way   within   Member States'
territory, even     if they    do not    all   arise   from  the   implementation of
Community rules.
 ---pagebreak---                                        - 4 -
The controls in question relate specifically to:
-   identification of the panel, label and plate affixed to the vehicle;
-   its equipment (e.g. the supplementary fire extinguisher where dangerous
    goods are being carried);
-   documents (approval certificate, etc.);
-    loading of tanks;   and
-   the temperature in equipment to be used for the carriage of perishable
    goods.
In this regard, there are no valid grounds, from the standpoint          of road
safety or the protection of the public, which might warrant the choice of
frontiers as the best place for performing these controls.
3.    The Commission is of the opinion that, in view of the approach of 1993
and    the  complete   abolition  of   controls  at   the  Community's  internal
frontiers, steps must be taken to eliminate the various frontier controls
mentioned above and to ensure that they are performed        in the same fashion
as controls relating to domestic transport operations.
it is therefore proposed that Regulation No 4060/89 should be amended and
its scope extended to take account of controls which are carried out on the
basis of national    law incorporating the provisions of the ADR and the ATP.
Specifically, where a Member State is not yet a contracting party to either
of those Agreements, the provisions of the Regulation have the same effect
in view of the fact that those States provide        in their national  law that
means of    transport   used  for  the  intra-Community   carriage of  dangerous
foodstuffs and perishable foodstuffs must comply with the technical rules
for international traffic.
 ---pagebreak---                                         - 5 -
                                   Proposal for a
                             COUNCIL REGULATION (EEC)
                      amending Regulation (EEC) No 4060/89
          on the elimination of controls performed at the frontiers
                     of Member States in the field of road
                          and inland waterway transport
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic 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 Economic and Social Committee,3
Whereas Council   Regulation (EEC) No 4060/89 4 lays down that controls on
means of transport and the related documents         in the course of transport
between Member States must form part of the normal controls applied           in a
non-discriminatory fashion throughout the territory of a Member State;
Whereas,   in  accordance    with   the  provisions  of   the  European Agreement
concerning the International Carriage of Dangerous Goods by Road ("ADR")
and   the European Agreement    on   the  International  Carriage of    Perishable
Foodstuffs   and on   the Special     Equipment  to be used    for  such  Carriage
("ATP"), Member States are free to organize and carry out            controls and
verifications on means of       transport   and the documents    relating  thereto
wherever    they   wish;   and    whereas    in  practice,    under   their    laws
incorporating the provisions of        those Agreements   into national    law or,
where they are not contracting parties to either Agreement, under their
national law governing these types of international carriage, they normally
perform them at their frontiers;
1
2
3
4   0J No L 390, 30.12.1989, p. 18.
 ---pagebreak---                                     - 6 -
Whereas, with   the prospect  of  the establishment  of a single   transport
market, it is necessary to do more to improve the fluidity of movement of
means of transport between Member States;
Whereas Part 2, "National law", of the Annex to Regulation (EEC) No 4060/89
must be amended in order to take account of controls on means of transport
(and the documents relating thereto) intended for the carriage of dangerous
goods and perishable foodstuffs»
HAS ADOPTED THIS REGULATION:
                                 Article 1
Part   2 of  the Annex  to Council  Regulation  (EEC) No 4060/89  is hereby
replaced by the Annex hereto:
                                 Article 2
This Regulation shall enter into force on 1 September 1991.
This Regulation shall be binding in its entirety and directly applicable in
a 11 Member States.
Done at Brussels,                                       For the Council
                                                         The President
 ---pagebreak---                                 - 7 -
                                ANNEX
                                •PART 2
                             NATIONAL LAW
(a) Controls on the driving licences of persons driving vehicles for
    the carriage of goods and persons;
(b) Controls relating to the carriage of dangerous goods:
    (I)     Documents
            . Driver's training certificate
            . Safety instructions
            . Approval certificate (ADR or equivalent standards)
            . Copy of the derogation, if applicable (ADR or equivalent
              standards)
    (Ii)    Identification of the vehicle carrying the dangerous goods
            . Orange panel
              - comp11ance
              - placing on the vehicle
            . Danger label on the vehicle
              - compIi ance
              - placing on the vehicle
            . Tank    identification plate  (for fixed, demountable or
               container tanks)
              - presence and legibility
              - date of last inspection
              - stamp of inspecting body
 ---pagebreak---                                - 8 -
    (ill)   Vehicle equipment (APR or eouivalent standards)
            . Additional fire extinguisher
            . Special equipment
    (iv)    Vehicle loading,
            . Overload (according to tank capacity)
            . Securing of packages
            . Prohibition of mixed loading
(c) Controls relating to the carriage of perishable foodstuffs:
    (I)     Documents
            . Certificate of compliance for the equipment.
    (ii)    Special  equipment  used  for  the  carriage of  perishable
            foodstuffs
            . CompIiance plate
            . Identification marks
    (III)   Operation of special equipment
            . Temperature conditions"
 ---pagebreak---                          FICHE FINANCIERE
L'application de la présente proposition de Règlement n'aura pas
d'incidence financière.
 ---pagebreak---                                 - 10 -
              FICHE D'IMPACT SUR LES PME ET L'EMPLOI
La présente proposition de règlement s'inscrit dans le cadre G;
l'abolition des frontières intérieures de la Communauté e-
s'intègre dans l'ensemble des mesures prises pour l'achèvement d\
marché intérieur.
I.    Obligations administratives découlant de l'application à:
      présent règlement pour les entreprises :
      -néant.
II.   Quels sont les avantages pour les entreprises?
      -Pas de retards aux frontières dus aux contrôles de moyens
      de transports et leurs documents de bord.
III.  Y a-t-il des inconvénients pour les entreprises en termes
      de coûts supplémentaires?
      -le présent règlement n'implique aucun coût supplémentaire
      pour les entreprises.
IV.   Effets sur l'emploi :
      -néant.
V.    Les partenaires sociaux n'ont pas été consultés.
 ---pagebreak---                                                - 11 -
                                                                                ISSN 0254-1475
                                                                COM(91) 105 final
                                                      DOCUMENTS
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