CELEX: 51991PC0377
Language: en
Date: 1991-11-22
Title: Proposal for a COUNCIL REGULATION ( EEC ) laying down the definitive system under which non-resident carriers may operate domestic road haulage services within a Member State

COMMISSION OF THE EUROPEAN COMMUNITIES
                                 COM(91) 377 final
                                 Brussels,22 November 1991
                         Proposal for a
                   COUNCIL REGULATION (EEC)
        laying down the definitive system under which
              non-resident carriers may operate
                domestic road haulage services
                     within a Member State
                     REPORT TO THE COUNCIL
     ON THE USE OF 1990/91 ROAD CABOTAGE AUTHORISATIONS
                 (presented by the Commission)
 ---pagebreak---                                         - 2 -
                              EXPLANATORY MEMORANDUM
                            I. GENERAL CONSIDERATIONS
1. Council Regulation     (EEC) No 4059/89 laying down the conditions under
   which non-resident carriers may operate national road haulage services
   within   a Member    State 1   (cabotage),   as   amended   by   Regulation   (EEC)
   No 296/91,2 establishes      a transitional     system of Community      cabotage.
   This system expires on 31 December 1992.            It must be replaced, under
   Article 9 of the said Regulation, by a definitive system to enter into
   force on 1 January 1993.       The purpose of this proposal is to enable the
   Council to establish this definitive system.
2. The   definitive    system    should   comply    with   the    following    general
   principles:
   -     it should   be a general      system,   i.e.   it should    apply   uniformly
         throughout the Community;
         it should be compatible with the Single Market;
         it should conform to the general principles of the Treaty regarding
         equal treatment (freedom to provide services) and to the relevant
         judgments of the Court of Justice;
         it should be tailored to the actual situation of the road haulage
         industry.
3. It would not be sufficient merely to continue applying the cabotage
   quota system    laid down    in Regulation     (EEC) No 4059/89, even       if the
   number of cabotage authorizations were greatly            increased.    This would
   not satisfy the Council's obligation to introduce complete freedom to
   provide services, as laid down in the Treaty and referred to by the
   Court   of   Justice    in   its    judgment    No   13/83    of   22   May   1985.
1  OJ No L 390, 30.12.1989, p. 3.
2  OJ No L 36, 8.2.1991, p. 8.
 ---pagebreak---                                      - 3 -
4. Nor can the problem be solved by simply referring to the national rules
   in force in the Member State where a cabotage service is operated.         Such
   a solution would have the following disadvantages:
        given the diversity of national rules on access to the domestic
        haulage market, the Community market would, in fact, be divided
         into  twelve  separate  markets   -  the very    opposite   of  a  Single
        Market; and
         it would   create  imbalances   between   Member   States, since    those
         States in which resident carriers have quota-free access to the
        national   market must   completely   open   up their   market   to  other
        Community carriers while other States, in which resident carriers'
         access to the national market is governed by quotas, may restrict
         access for other Community carriers.
5. Complete   harmonization  of all the national      rules governing     domestic
   haulage seems unrealistic and far too ambitious in the short to medium
   term.   On the basis of the subsidiarity principle, it might even be
   deemed unnecessary.
6. Accordingly, the Commission advocates a solution whereby:
   -     access to the cabotage market will be free of all quotas;
   -     cabotage  operations   will  be  subject   to  certain    national  rules
         applicable in the State in which the operation is carried out;
         harmonization   of  certain  national   rules   will   be   continued  at
         Community level, with particular regard to:
 ---pagebreak---                                      - 4 -
        *  technical standards for vehicles (action being considered);
        *  duty payable on fuel (political agreement reached); and
        *  vehicle   taxation    taking   account   of  tolls   (phased   action
        currently being taken);
        a safeguard clause will be introduced.
All carriers undertaking cabotage operations will thus be given identical
treatment in all twelve Member States as regards market access.       This meets
the obligation not to discriminate beween operators, and accords with the
nature of the Single Market.   Moreover, those Member States which so desire
may maintain quantitative restrictions on their resident carriers' access
to the national market.    In such a case the unequal treatment as between
resident and non-resident carriers is justified by the difference between a
temporary  activity   (non-resident   carriers)   requiring  no   quotas  and  a
permanent activity (resident carriers) which may need to be regulated by
quotas.
Finally, a Community safeguard mechanism is to be introduced so that action
can be   taken  should  a  national   market  be  seriously   disturbed  by  the
presence of non-resident carriers.
                        II. PARTICULAR CONSIDERATIONS
Article 1
This  Article   introduces   the   principle   of  non-discrimination    between
Community carriers with regard to domestic transport operations within a
Member State: in other words, such operations may be undertaken by carriers
from other Member States.
 ---pagebreak---                                          - 5 -
The   Community    is,  quite    rightly,   concerned    to   ensure   that   domestic
transport    services   within   the   Member  States    are   operated   by  properly
qualified carriers.      Accordingly, only those Community carriers authorized
to operate international road haulage services should be allowed to operate
domestic transport services within a Member State other than the State in
which   they   are   established.    This   proposal   is   no   different,   in  that
respect, from the abovementioned Regulation (EEC) No 4059/89, currently in
force.
It is, moreover, recommended that cabotage operations be exempt from any
quantitative restrictions on market access, even where such restrictions
are   imposed   on  resident   carriers.    Such exemption      is  justified  by  the
considerations set out in point 6 above and by the judgment of the Court of
Justice which states that, although Article 60(3) of the Treaty requires
equal treatment for residents and non-residents, "it does not mean that all
national   legislation    applicable to nationals of that State and usually
applied to the permanent activities of undertakings established therein may
be   similarly   applied   in   its   entirety  to   the   temporary    activities  of
undertakings which are established in other Member States".1                It follows
that, in a Member State which has a national quota system, the system will
be applicable to resident carriers for as long as the State maintains it,
but will not be applicable to non-resident carriers since their activity is
presumed to be temporary and occasional.
Article 2
This   Article    lays  down   the   conditions   governing     the  registration   of
vehicles used for cabotage operations and the conditions under which such
vehicles may have been hired.        In general, these are the rules in force in
the Member State of establishment, except in the case of:
1   The Webb judgment, Case 279/80, Court Reports for 1981, p. 3305.
 ---pagebreak---                                      - 6 -
   trailers and semi-trailers which, under existing Community rules, may
   also be registered or put into circulation in international transport in
   another Member State; and
   vehicle hire, which may also take place under the rules in force in the
   host Member State for its own residents, since discrimination between
   resident  and  non-resident   carriers  in this  respect  would  be quite
   unjustifiable.
It should also be borne in mind that, in the context of the discussions
underway on the proposal for a Council Directive supplementing the common
system of value added tax     (VAT) 1 and amending Directive  77/388/EEC^ on
the abolition of tax frontiers and transitional arrangements for taxation
with a view to establishment of the internal market, it is not envisaged to
consider as an acquisition or a transfer of a good to another Member State
the temporary use of the good, on the territory of the Member State of its
arrival or the transport of the good needed for providing services by the
taxable person established within the Member State of departure of the good
or the transport of the good.
1   OJ No C 176, 17.7.1990, p. 8, (COM(90) 182 final)
2   OJ No L 145, 13.6.1977, p. 1.
 ---pagebreak---                                    - 7 -
Article 3
The contents of this Article resemble those of Article 5 of Regulation
(EEC) No 4059/89 referred to above.  The following points should be noted:
   in light of the present situation on the road networks of the Member
   States,  as  well  as of  the  relevant   legislation,   and  in  order  to
   establish the conditions for fair competition between resident and non-
   resident  carriers, the weights   and dimensions    of  road  vehicles  are
   governed by the rules in force in the host Member State,      regardless of
   the rules which may be applicable     in the carrier's Member State of
   establishment.   It goes without   saying,  however,   that  the  technical
   standards set out in the vehicle's certificate of conformity may under
   no circumstances be exceeded.  The Commission is nevertheless continuing
   its efforts to harmonize the technical standards for vehicles engaged in
   domestic transport services and will shortly be presenting proposals to
   this effect;
-  with regard to the technical standards governing the construction and
   equipment of road vehicles, the national rules applicable in the host
   Member State cannot impose restrictions on vehicles which comply with
   Community or international rules governing the carriage of dangerous
   goods, perishable foodstuffs, live animals or exceptional loads;
   V.A.T. on transport operations is governed by the rules of the host
   Member State, as is laid down in Directive 77/388/EEC1 on abolition of
   tax frontiers and transitional arrangements for taxation with a view to
   establishment   of  the  Internal   Market,   as   amended   by   Directive
              2
   89/465/EEC .
1  OJ No L 145, 13.6.1977, p. 1.
2  OJ No L 226, 3.8.1989, p. 21.
 ---pagebreak---                                     - 8 -
In general, it should be noted that the national rules of the host Member
State may only be applied to cabotage operations on the basis of the
principle of proportionality, so that an excessive burden is not imposed
which would limit the freedom to provide services.
Article 4
Regulation (EEC) No 4059/89 already contains a safeguard clause enabling
action to be taken in the event of serious disturbance of the market.    This
clause has been:
-  amended to take account of the elimination of quantitative restrictions
   on access to the cabotage market;
   supplemented by a definition of what constitutes a market crisis; and
-  strengthened by a decision-making procedure based on Article 2(5) of
   Regulation  (EEC) No   4059/89  and the provisions   of Regulation   (EEC)
   No 3916/90 on measures to be taken in the event of a crisis in the
   market in the carriage of goods by road.1
Furthermore, a temporary provision has been introduce (up to 1995) in order
to avoid disturbances in the market between 1993 and 1995.     This provision
is necessary for the healthy operation of the market and is justifiable for
the following reasons.   Before 1 July 1990 cabotage was strictly forbidden.
After that date, these operations were authorized on the basis of a limited
cabotage quota.   The transport   sector  (carriers, forwarders, users) are
busy adapting to the new situation that has been created, which is totally
different     to     the     previous     position     (before     1.7.90).
1  OJ No L 375, 31.12.1990, p. 10.
 ---pagebreak---                                        - 9 -
This major adaptation1 is underway but it seems certain that it will not
have been completed by 31 December 1992.       From the statistical information
that the Commission has for the first year of the introduction of cabotage
(1990-1991), cabotage represents on average 0.1 % of the total of national
operations in the Member States (0.5 % in FRG). Even if this figure of 0.1
% were to increase rapidly and substantially in the coming year, it is
best, in order not to endanger the considerable efforts made at adaptation
by the transport sector and in order to avoid disequilibria, abuses or
market disturbances, to lay down a system for Community intervention in the
market.   This  mechanism    will   include   the   possibility,    provided   the
Commission   agrees,   of   making   cabotage    operations  subject    to   prior
notification and of limiting these operations to a certain percentage of
the national transport operations in the Member State concerned           (5 % in
1993, 6 % in 1994 and 7 % in 1995).
In order to ensure that decisions are taken on good grounds and that the
Member States are closely involved in investigations and other preparatory
work, the Advisory Committee set up under Regulation (EEC) No 3916/90 must
be consulted whenever a Member State requests the Commission to take action
to resolve a market crisis.
The Committee is thereby made responsible for giving advice on all aspects
of crisis situations on the Community road haulage market, thus signalling
the unified nature of the internal market.
Article 5
Article 5 lays down the conditions under which the Member States should
grant each other mutual assistance with a view to the sound application of
the definitive cabotage system.        This Article   is virtually   identical to
Article 6 of Regulation (EEC) No 4059/89.
 1  including,  in particular, the acquisition of knowledge of the rules
    applicable to cabotage in the twelve Member States, the implementation
    of a commercial transfrontier strategy, modifications to the operation
    and/or  the   structure   of   the   company,   training  of   drivers,   etc.
 ---pagebreak---                                    - 10 -
Article 6
This  article  forbids  checks  at   frontiers  within  the  Community,  in
accordance with Community legislation.   The provisions of Regulation (EEC)
          1
No 4060/89 apply to checks carried out on cabotage operations.
Articles 7 and 8
No comments.
1  OJ No L 390, 30.12.1989, p. 18.
 ---pagebreak---  ---pagebreak---                                     - 11 -
                                Proposal for a
                              COUNCIL REGULATION
               laying down the definitive system under which
                     non-resident carriers may operate
                       domestic road haulage services
                            within a Member State
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,^
Having regard to the opinion of the Economic and Social Committee,3
Whereas, pursuant to Article 75(1)(b) of the Treaty, the establishment of a
common transport policy entails, inter alia, laying down the conditions
under which non-resident carriers may operate transport services within a
Member State;
Whereas the freedom to provide national transport services implicit in this
provision  entails  the  removal   of  all restrictions against the  person
providing the services in question on the grounds of his nationality or the
fact that he is established in a different Member State from the one in
which the service is to be provided;
1  OJ No C
2  OJ No C
3  OJ No C
 ---pagebreak---                                    - 12 -
Whereas the transitional cabotage system laid down in Council Regulation
(EEC) No 4059/894 as amended by Regulation     (EEC) No 296/91 5 , expires on
31 December 1992; whereas, under Article 9 of that Regulation, the Council
must adopt a Regulation laying down the definitive cabotage system, to
enter into force on 1 January 1993;
Whereas, in accordance with the general principles of the Treaty concerning
equal treatment and with the judgments of the Court of Justice on the
subject,  non-resident   carriers  must  be  allowed    to   provide  national
transport services under the same conditions as those imposed by the Member
State concerned on its own carriers;
Whereas  only  those  carriers  authorized  to   operate   international  road
haulage services may operate domestic transport services within a Member
State other than the State in which they are established;
Whereas the provisions of the host Member State applicable to cabotage
services should be fixed except where Community legislation applies, so as
to take into account the temporary nature of the services provided and the
need to ensure fair competition between Community carriers;
Whereas, in this context, only the internal legislation of a host Member
State which is justifiable on account of a major public interest may apply,
and it should only apply in so far as the interest being protected is not
already safeguarded by rules to which the carrier is subject in the Member
State of establishment and provided that any restrictions are the minimum
necessary for achieving their objective;   whereas vehicles whose technical
characteristics  as regards construction and equipment meet the Community
or international rules in force must be allowed to carry out cabotage;
4  OJ No L 390, 30.12.1989, p. 3.
5  OJ No L 36, 8.2.1991. p. 8.
 ---pagebreak---                                       - 13 -
Whereas provisions should be adopted so that action can be taken as regards
the transport market affected, in the event of a serious disturbance in a
specific geographical   area having a substantial       impact on this market;
whereas, for this purpose, the necessary statistics should be collected and
a suitable decision-making procedure introduced;
Whereas   it  is  desirable   that   Member   States  grant  each  other  mutual
assistance with    a view to    sound  application of the    system  introduced,
particularly in respect of monitoring and of penalties applicable in the
event of infringements;     whereas penalties must be non-discriminatory and
proportional to the gravity of the infringement,
HAS ADOPTED THIS REGULATION:
                                    Article 1
 1. With effect from 1 January 1993, any road haulage carrier for hire and
    reward who, in accordance with the legislation of a Member State and
    with Community legislation:
         is established   in that Member State, hereinafter referred to as
         "Member State of establishment", and
         is authorized, in that State, to operate international road haulage
         services by virtue of holding an authorization as referred to in
                                                                               6
         Article     3   of    Council      Regulation    (EEC)   No
         (doc. COM(91) 293 presented to the Council on 27 August 1991)
    OJ No L
 ---pagebreak---                                        - 14 -
        shall  be   entitled,     under   the    conditions     laid   down  in   this
        Regulation,    to    operate,   on    a    temporary     basis   and   without
        quantitative restrictions on market access, domestic road haulage
        services in a Member State other than the State in which he is
        established, hereinafter referred to as the "host Member State",
        without having a registered office or other establishment therein.
2. The  domestic  road   haulage    services    referred   to    in paragraph    1 are
   hereinafter referred to as "cabotage services".
                                     Article 2
1. Cabotage services shall be operated using a vehicle:
        registered or put into circulation in international transport in
        the carrier's name and in accordance with the rules applicable in
        the Member State of establishment; or
        hired by the carrier:
         *       under    the   conditions    laid    down    in   Council   Directive
                 84/647/EEC of 19 December 1984 on the use of vehicles hired
                 without drivers for the carriage of goods by road,^ or
         *       under the same conditions as those applicable to carriers
                 resident in the host Member State, which are permitted by
                 virtue of Article 4 of Directive 84/647/EEC.
2. In  the  case  of   a   road  train,   the    trailer   or   semi-trailer    may be
   registered or put into circulation in international transport in a name
   other than that of the carrier, or in another Member State.
7  OJ NO L 335, 22.12.1984, p. 72
 ---pagebreak---                                     - 15 -
                                  Article 3
1. The performance of cabotage transport operations shall be subject, save
   as otherwise provided in Community regulations, to the laws, regulations
   and administrative provisions in force in the host Member State in the
   following areas:
   (a)  binding legal provisions concerning the transport contract;
   (b)  weights  and   dimensions   of   road   vehicles;   such   weights  and
        dimensions may, where appropriate, exceed those applicable in the
        carrier's Member   State of establishment, but they may under no
        circumstances  exceed   the  technical    standards   set   out  in the
        certificate of conformity;
   (c)  requirements  relating  to the    carriage of   certain   categories of
        goods, in particular dangerous goods, perishable foodstuffs, live
        animals, abnormal loads, etc.;    technical restrictions based on the
        national legislation of the host Member State may not be imposed on
        a road vehicle registered in another Member State if the vehicle
        complies with current Community or international rules in respect
        of  the  technical   standards   relating   to  its   construction  and
        equipment;
   (d)  driving and rest time for drivers;
   (e)  traffic laws and the highway code.
 ---pagebreak---                                    - 16 -
2. The provisions referred to   in paragraph  1 shall be applied to non-
   resident transport operators on the same conditions as those which that
   Member State imposes on its own nationals, but taking account of the
   principle of proportionality, so as effectively to prevent any open or
   hidden   discrimination  on   grounds   of  nationality   or  place   of
   establishment.
                                 Article 4
1. In the event of a serious disturbance of the domestic transport markets
   in a particular geographical area due to cabotage operations, any Member
   State may request the Commission to take action, or the Commission may
   act on its own initiative.
2. A serious disturbance shall mean the appearance, on the market referred
   to in paragraph 1, of problems specific to that market and which:
        are likely to lead to a serious and potentially lasting excess of
        supply over demand;
        are due to cabotage operations; and
        pose a serious threat to the financial stability and survival of a
        significant number of road haulage underakings,
   provided that the short-term and medium-term forecasts for the market in
   question do not indicate any substantial and lasting improvements.
 ---pagebreak---                                       - 17 -
3. The Commission shall collect the data necessary to monitor the market
   and to establish whether a crisis exists.           For this purpose, Member
   States   shall   cooperate    with  the   Commission    in  communicating    and
   processing data which are available or can readily be obtained.
4. Where   a Member   State believes    a crisis exists, it may       request   the
   Commission   to   investigate.   To  enable   the  Commission   to   assess  the
   situation, the Member      State concerned    shall provide    substantive   and
   quantified information.
   Following   such a request     from a Member State or acting        on  its own
   initiative, the Commission shall consult the Member States within the
   Advisory Committee set up under Article 5 of Regulation (EEC) No 3916/90
   of 21 December 1990 on measures to be taken in the event of a crisis in
   the   market   in   the   carriage   of   goods   by  road,8   or   by   written
   telecommunication. The purview      of that Committee is hereby extended for
   the purposes of applying this Article.
5. If the Commission concludes that a crisis exists, it may, by decision,
   take any necessary safeguard measures where appropriate within 30 days
   of receipt of the request from the Member State.
   These measures may remain in force for a period not exceeding twelve
   months, renewable once for a period not exceeding twelve months.
6. The Commission shall notify the Council and the Member States of any
   decision taken pursuant to paragraph 5 or, where appropriate, of its
   decision not to take measures.
7. Any   Member State may refer the      Commission's    decision to the Council
   within 30 days of its notification.       The Council, acting by a qualified
   majority,   may   take  a   different   decision   within  30   days   following
   referral by the Member State or States concerned.
8  OJ No L 375, 31.12.1990, p. 10.
 ---pagebreak---                                    - 18 -
                                 Article 5
Notwithstanding the provisions of Article 4, between 1 January 1993 and
31 December 1995 and where cabotage operations amount to 5% of its national
transport operations calculated in tonne-kilometres, a host Member State
may require prior notification of cabotage operations and may limit such
operations to 5% of its national road transport operations calculated in
tonne-kilometres   in 1993, to 6% in 1994 and to 7% in 1995, subject to
approval being given by the Commission within 15 days of receipt of the
application by the State concerned.
Carriers must send the prior notification via the competent authorities of
the Member State of establishment to the competent authorities of the host
Member State.
                                 Article 6
1. The Member States shall assist one another with a view to implementing
   this Regulation and the laws, regulations and administrative provisions
   governing cabotage transport.
2. Any  infringements committed  by a non-resident   carrier   shall, without
   prejudice to any criminal proceedings to which they expose that carrier
   in the host Member State, be communicated to the competent authorities
   of the carrier's Member State of establishment.
   The   competent   authorities shall   communicate  to   one   another  all
   information in their possession on the penalties imposed in respect of
   such infringements.
                                  - 16 -
 ---pagebreak---                                    - 19 -
3. The competent authorities of the host Member State may, in the event of
   serious or repeated infringements, ask the competent authorities of the
   Member State of establishment to impose penalties.
   Those penalties may in particular consist of:
   - a warning,
   - a temporary or permanent ban on operating national transport services
     within the host Member State;   this ban will be noted in the Community
     authorization laid down in Article 3 of Regulation (EEC) ... (doc.
     COM(91) 293) presented to the Council on 27 August 1991,
   - a withdrawal of the Community authorization.
4. In the event of an infringement, the competent authorities of the Member
   State of establishment   shall be obliged either to impose the penalty
   agreed upon with the authorities of the host Member State or to arraign
   the carrier concerned before a competent national court or tribunal.
   The competent authorities of the host Member State shall be informed
   immediately of any penalty imposed.
5. The penalties referred to in paragraphs 2, 3 and 4 shall be applied in a
   non-discriminatory fashion and shall be proportional to the seriousness
   of the offence.
                                  Article 7
The carrying out of checks at the internal frontiers of the Community to
implement  this  Regulation  is  forbidden.  The  checks  necessary for  the
implementation  of this Regulation   shall be made   in accordance with the
conditions laid down in Council Regulation (EEC) No 4060/899.
9  OJ No L 390, 30.12.1989, p. 18.
 ---pagebreak---                                     - 20 -
                                  Article 8
The  Member  States  shall  adopt   in  good time and  communicate  to  the
Commission the laws, regulations and administrative provisions relating to
the implementation of this Regulation.
                                  Article 9
This Regulation shall enter into force on 1 January 1993.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,                                       For the Council
                                                        The President
 ---pagebreak---                                   - 21 -
                         REPORT TO THE COUNCIL
           ON THE USE OF 1990/91 ROAD CABOTAGE AUTHORISATIONS
    Introduct ion
Under Regulation 4059/89, 15,000 2-month cabotage authorisations were
issued to the Member States for the period 1st July 1990 - 30th June
1991; such authorisations permitted the holder of the authorisation to
make journeys which were entirely within any one of the other Member
States. The distribution of the authorisations between Member States
was pro-rata to the number of Community Quota authorisations. Under
Regulation 296/91 the number of cabotage authorisations was increased
by 298 for the period 1st January 1991 - 30th June 1991 to allow for
the extension of the German national market following the adhesion of
the 5 lander of the former German Democratic Republic. The number of
authorisations valid for the period 1st July 1990 - 30th June 1991 was
thus 15,298 (D, 2170; F, 1793; I, 1795; NL, 1869; B, 1322; L, 616; UK,
1124; IRL, 595; DK, 1282; GR, 584; E, 1371; P, 777).
    Provision of data
Under Regulation 4059/89, Member States are to provide to the
Commission within 3 months of the end of each quarter, a summary table
giving the number of days, number of tonnes and number of tonne-
kilometres performed by their own hauliers in cabotage operations in
each of the other Member States. Such          information enables the
Commission to monitor the impact of cabotage operations in relation to
movements by hauliers in their own national markets and to check
whether there is undue concentration of cabotage operations in a
particular Member State as required under Article 2.5 and 3.3 of the
Régulât ion.
The Regulation does not require Member States to inform the Commission
of the number of cabotage authorisations valid in a particular quarter.
Such information would have been useful for calculating average
utilisation rates (days, tonnes or tonne-kilometres) in each quarter
and for estimating total use in the whole first year of operation, mid-
1990 - mid-1991, on the assumption that all cabotage authorisations
were eventually issued. An assumption that the cabotage authorisations
were issued uniformily over the (first) year would almost certainly be
misleading as it is thought that, in most Member States, the initial
demand for cabotage authorisations was rather low.
 ---pagebreak---                                        - 22 -
    Data available
Despite a reminder being sent to the Member States on 4 April 1991 and
a further reminder being given at the meeting with national experts on
15 July 1991, the provision of data to the Commission has been much
slower      than prescribed     under   the Regulation. According   to  the
Regulation, data should have been received as follows:
     3rd Quarter 1990 ( M I - 9 0 ) 1 January 1991
     4th Quarter 1990 (IV-90) 1 April         1991
     1st Quarter 1991 (1-91)        1 July    1991
At the time of preparing this report (29.7.1991)        the data  had  been
received from Reporting Member States as follows:
     M I - 9 0 : 9/12 (D, F, I, NL, B, UK, DK, E, P)
     IV-90 : 8/12 (D, F, NL, B, UK, DK, E, P)
     1-91 : 5/12 (F, UK, DK, E, P)
Since the main objective is to establish the level and concentration of
cabotage authorisations in each Member State, it is evident that this
can only be examined approximately even for M I - 9 0 since data relating
to hauliers from all Member States are not available. The figures in
this report must thus be regarded as preliminary estimates; it should
be possible to update these estimates while this Report is being
examined in parallel with the proposal for the road cabotage regime
post-1992.
4.   Choice of variable for the analysis
Three variables, days, tonnes and tonne-kilometres are provided in the
cabotage statistics and of these two, days and tonne-kilometres, are
specified in Article 3.3 of the Regulation for consideration for the
measurement of concentration of cabotage operations in a particular
Member State. Before proceeding to analyse the data received, some
comments will be made about each of the variables.
Days
Although        the concept of the number of days on which         cabotage
authorisations are used is very straightforward, there are number of
difficulties of using this criteria, namely:
(i) the number of authorisations issued per quarter is not known (see
     section 2 above) so that the number of days during which the
     cabotage authorisations could have been used is also unknown, at
     least on a quarterly basis. It follows that the concentration
     criteria as to "whether the number of days used in a particular
     Member State exceeds 30% of the number of days that those same
     authorisations could have been used" cannot be calculated on a
     quarterly basis. From the results received so far, it seems
     improbable that cabotage authorisations were used on more than 30%
     of the days that they could have been used, so that even if all the
     cabotage operations were concentrated in one Member State, the 30%
     limit would not be reached.
 ---pagebreak---                                   - 23 -
(ii)     information on the number of days vehicles are used in national
         markets is not available under the road statistics directive
         (78/546 modified by 89/462) so that it is not possible to
         compare days of use of cabotage authorisations with days of use
         of vehicles on national markets which would give an indication
         of   the penetration   of cabotage. Further, even         if such
          information on days was available for national markets, the
          interpretation would be misleading due to the large number of
         small goods vehicles, especially in some Member States, whereas
         those performing cabotage operations are generally            larger
         vehicles (average performance is about 4000 tkm per d a y ) .
Tonnes
Information on tonnes carried in national markets is available under
the road statistics directive so that it is possible to compare tonnes
carried under cabotage operations with tonnes carried on national
markets. Examination of the results received so far indicates, not
surprisingly, that the average distance that each tonne moves under a
cabotage operation (250 km) is much longer than the average distance
that each tonne moves on national markets (80 km) where, for road, very
short journeys predominate. It follows that the variable, tonnes, will
underestimate the impact of cabotage operations.
Tonne-kiI omet res
The second criteria specified in the Regulation regarding concentration
relates to 30% "trigger" for tonne-kilometres being performed in a
particular Member State. There are no difficulties in calculating this
criteria in a particular quarter once the cabotage statistics have been
received from all Member States.
Additionally, information on tonne-kilometres carried        in national
markets is also available under the road statistics directive so that
 it is possible to compare tonne-kilometres carried under cabotage
operations with tonne-kilometres carried on national markets.
Conclusion
Tonne-kilometres is the preferred variable and the detailed analysis of
the cabotage statistics will concentrate on this variable especially
where comparisons are made with the national markets.
5.   Total use of cabotage authorisations by quarter
The   first    part of   the analysis examines    the use of        cabotage
authorisations according to the Reporting Member State (i.e. the Member
State of the haulier) and irrespective of the Member State in which the
cabotage is carried out. The results for all three variables, days,
tonnes and tonne-kilometres are set out by quarter in Annex 1; the
results for tonne-kilometres are shown in Table 1 below which also
shows the ratio of tonne-kilometres in a quarter to that of the
previous quarter.
 ---pagebreak---                                   - 24 -
                                 Table 1
          Tonne-kilometres according to Reporting Member State
                                 (000's)
Reporting      MI-90     IV-90    1-91     11-91  IV-90    1-91  I 1-91
Member                                            I I 1-90 IV-90 1-91
State
    D         7831      12530                      1.60
    F         6274      19738    24706            3.15     1.25
    I            0
    NL       11934      25870                     2.17
    B        17605      23976                     1.36
    L
    UK         915       2529     7681            2.76     3.04
    IRL
    DK        5234       9642    13178            1.84     1.37
    GR                                                               *'
    E          599       1414     2221            2.36     1.57
    P            0         57       129           -        2.26
EUR   12 est 54000     108000   156000   190000   2.00     1.44  1.22
EUR  9       50392
EUR  8       50392      95756                     1.90
EUR   5                 33380    47915                     1.44
 ---pagebreak---                                  - 25 -
3rd Quarter 1990 (MI-90)
The observed total cabotage (based on 9 Reporting Member States) is
50.4 million tkm and these 9 Member States have 13503 out of the 15298
authorisations, or 88%. If the remaining 3 Member States had the same
average use as the observed 9, then the estimated total cabotage in
MI-90 would be 57.1 million tkm; this is likely to be too high as 2 of
the 3 Member States who have not reported are peripheral Member States
who can be expected, at least initially to have a lower utilisation of
cabotage authorisations. The revised estimate for MI-90 is 54 million
tkm with the observed figures from the 9 Member States accounting for
93% of the total.
4th Quarter 1990 (IV-90)
The observed total cabotage (based on 8 Reporting Member States) in IV-
90 is 95.8 million tkm, some 90% more than in MI-90. The estimate for
all 12 Member States is 108 million tkm in IV-90.
1st Quarter 1991 (1-91)
The observed total cabotage (based on 5 Reporting Member States) in
1-91 is 47.9 million tkm, 44% more than in IV-90 for the same 5 Member
States. The estimate for all 12 Member States is 156 million tkm in
1-91 .
2nd Quarter 1991 (I 1-91)
While there is no observed data for 11-91, the steadily increasing use
in the first three quarters of cabotage operations suggests an estimate
of about 190 million tkm in 11-91.
1st Year of operation, mid 1990 - mid 1991
Since data is only available for 22 of the 48 possible Member
State/Quarter    combinations,   the   estimated    use   of   cabotage
authorisations is necessarily very provisional. Based on the sum of the
estimates for the 4 separate quarters, total cabotage is estimated at
508 million tkm for the period mid 1990 - mid 1991. Because of the
large amount of missing data, it would be more prudent to say that
cabotage is likely to have been in the range 450 to 600 million tkm for
the period mid 1990 - mid 1991. This is much smaller than that forecast
in the 1989 Analysis and Forecasts Report in the EUR0PATRANSP0RT series
which was for the use to rise to 3000 million tkm.
 ---pagebreak---                                  - 26 -
Comparison with national markets
The sum of the 12 national markets (hire and reward only) can be
estimated at 117640 million tkm per quarter for the period mid 1990 -
mid 1991 (see Table 3 ) , some 5% above the observed size of the 12
national markets in 1989, it follows that cabotage is estimated to
correspond to 0.046%, 0.092%, 0.133% and 0.162% of national markets in
the first 4 quarters of operation and 0.108% in the first year of
operat ion.
    Total use of cabotage authorisations by Reporting Member State
Because of the limited amount of data available, as shown in Table 1,
tables showing the share of cabotage operations performed by hauliers
from different Reporting Member States are hard to interpret and may be
misleading. At this stage it is preferable to limit comments to rather
general remarks, based on tonne-kilometres performed.
NL and B hauliers accounted for almost half of the tonne-kilometres
performed in M I - 9 0 and IV-90 (after allowing for estimates for the
Member States who have not reported) even though they have only just
over 20% of the cabotage authorisations.
F hauliers accounted for about 10% of tonne-kilometres in M I - 9 0
(compared with 12% of the cabotage authorisations), but their share has
increased, 17% in IV-90 and (roughly) 15% in 1-91.
D hauliers accounted for about 13% of tonne-kilometres in M I - 9 0
(compared with 14% of the cabotage authorisations), but their share
felI to 11% in IV-90.
DK haul iers have held steady with about 8% of   tonne-kilometres  (they
also have 8% of the cabotage authorisations).
UK hauliers started quietly with 1.5% of tonne-kilometres in      MI-90
(compared to 7% of the cabotage authorisations), but their         share
exceeded 2% in IV-90 and reached (roughly) 4.5% in 1-91.
E haul iers started very quietly with 1% of tonne-kilometres in M I - 9 0
(compared to 9% of the cabotage authorisations), their share has
increased slowly but steadily to 1.25% in IV-90 and (roughly) 1.35% in
1-91 .
 ---pagebreak---                                   - 27 -
P hauliers had an exceptionally slow start recording 10 tonne-
kilometres in MI-90 (compared to 5% of the cabotage authorisations), a
small number of tonne-kilometres were performed in IV-90 and 1-91 but
still accounted for less than 0.1% of all tonne-kilometres under
cabotage operations.
I hauliers also had an exceptionally slow start as distribution of
authorisations did not start till the very end of October; consequently
no tonne-kilometres were recorded in MI-90.
L. IRL. GR hauliers: no information received so far
    Concentration of cabotage operations in a particular Member State
Whereas the first part of the analysis examined "who does the
cabotage 7", the second part of the analysis examines the politically
more interesting question "where is the cabotage performed ?".
Again, because of incomplete data, the analysis is provisional. However
for MI-90 and IV-90 the 9 (or 8) Reporting Member States are thought
to account for about 90% of the tonne-kilometres so that the other 3
(or 4) Member States would need to have a completely different pattern
of cabotage operations for the results to be materially affected.
The full results, in the form of matrices, showing the cabotage
operations performed by each of the Reporting Member States in each
other Member State is set out in Annex 2 for each of the variables,
days, tonnes and tonne-kilometres and for each quarter separately.
The analysis again concentrates on tonne-kilometres and the results are
summarised in table 2 which shows the percentage of tonne-kilometres
performed J_n each Member State; 2 columns have been included for MI-90
and IV-90 so that fair comparisons can be made between one quarter and
the next as well as showing the distribution for the largest number of
Member States in a given quarter.
 ---pagebreak---                                   - 28 -
                                 Table 2
        % of tonne-kilometres according to Member State in which
                         cabotage is performed
Cabotage          II1-90      II1-90      IV-90      IV-90      1-91
performed in     (9 M.S.)    (8 M.S.)    (8 M.S.)    (5 M.S.)   (5 M.S.)
   D                49%         49%         53%        66%        68%
   F                14%         14%          9%         5%        10%
   I                18%         18%         20%        10%         8%
   NL                4%          4%          4%         0%         1%
   B                 5%          5%          5%         2%         1%
   L                 0%          0%          0%         0%         0%
   UK                4%          4%          5%         6%         5%
    IRL              0%          0%          0%         1%         2%
   DK                1%          1%          1%         0%         0%
   GR                0%          0%          0%         0%         0%
   E                 3%          3%          4%         9%         4%
   P                 0%          0%          0%         1%         0%
   TOTAL           100%        100%        100%       100%       100%
 ---pagebreak---                                     - 29 -
3rd Quarter 1990 ( M I - 9 0 )
49% of the observed total cabotage (based on 9 Member States) is
performed in D in M I - 9 0 , i.e. 24.8 million tkm. Even if none of the
(estimated) 7% of the cabotage operations performed by the other 3
Member States were performed in D, cabotage operations in D would still
account for 46% of the observed total cabotage, i.e. well beyond the
30% "trigger point" specified in the Regulation for an investigation.
If, on the other hand, the other 3 Member States had a typical pattern
of distribution and also accounted (as above) for 7% of all cabotage
operations, then the total cabotage in D would be close to 27 million
tkm in II I-90.
The D national market (for hire and reward hauliers) is estimated at
17100 million tkm per quarter during the period mid 1990 - mid 1991 so
that the cabotage operations performed in D correspond to 0.16% of the
D national market. It follows that while concentration in the D market
 is high the effect on the D natioanl market is small because the total
amount of cabotage performed in M I - 9 0 is so small.
4th Quarter 1990 (IV-90)
53% of the observed total cabotage (based on 8 Member States) is
performed in D IV-90, i.e. a slighthy higher percentage than in M I - 9 0 .
Combined with the higher amount of cabotage reported by the 8 Member
States, this leads to 50.4 million tkm of cabotage being reported in D,
a figure likely to increase to about 60 million tkm when data from the
other 4 Member States is available.
 It is even more certain that the 30% trigger will be reached for D in
 IV-90, but even with the increased amount of cabotage operations it is
 likely only to correspond to 0.35% of the D national market.
 1st Quarter 1991 (1-91)
While 6 8 % of the observed total cabotage is performed in D in 1-91, a
comparison of this figure with IV-90 is unfair as it is only based on 5
Member States; the corresponding figure for the same 5 Member States in
 IV-90 is 66%, so that the preliminary indications are for a further
slight increase in concentration of cabotage in D. A very premiminary
estimate for all cabotage operations in D in 1-91 is 90 million tkm;
 this would correspond to 0.53% of the D national market.
 ---pagebreak---                                   - 30 -
Summary
The results received so far indicate that about 50% of cabotage
operations are being performed in D on a tonne-kilometres basis and
that this may be rising slowly. However because cabotage operations are
on such a limited scale, the impact on the D national market is small
though increasing corresponding to 0.16%, 0.35% and 0.53% (provisional)
of the D national market       in the first 3 quarters when cabotage
operations have been permitted.
8.   Impact of cabotage operations in each Member State
As was seen in the previous Section, about 50% of the cabotage
operations are concentrated in D (on a tonne-kilometres basis). D,
however, has one of the largest national markets and it is possible,
although unlikely, that some other national market will have attracted
sufficient cabotage operations for it to correspond to a larger share
in their national market. This is examined in Table 3 where the tonne-
kilometres performed in each Member State in the second half of 1990
under cabotage operations are compared with an estimate of national
road transport    in the same period. In this table which        is for
comparative purposes, no adjustment has been made for those Member
States who have not reported cabotage operations, the results for D are
thus slightly lower than given in the previous section.
The results show that the impact of cabotage operations on the B market
are of a similar intensity as the D market, but that for all other
Member States except L the impact is much lower. In the very small
national L market, the penetration of cabotage is quite high, being
about 1% in IV-90. It is interesting to note that no cabotage
operations have yet been reported in GR.
 ---pagebreak---                                   - 31 -
                                 Table 3
  Comparison of cabotage operations performed in each Member State
                 with corresponding national market
                             (mill ions tkm)
                   Cabotage           Nat ional   Cabotage/National in %
performed in   I 11-90    IV-90        estimate       I I 1-90     IV-90
               (9 M.S.) (8 M.S.)      per quarter
   D             24.8       50.4         17100        0.15        0.30
   F              7.1         8.4        17100        0.04        0.05
   I              9.1       18.9         26100        0.03        0.07
   NL             2.2         3.7         3730        0.06        0.10
   B              2.5         4.4         1730        0.14        0.25
   L              0.04        0.1           10        0.40        1.0
   UK             2.1        4.4         25400        0.008       0.02
   IRL            0.2        0.4           530        0.04        0.08
   DK             0.6         1.0         1790        0.03        0.06
   GR             0          0            2530        0           0
   E              1.6         3.8        20800        0.008       0.02
   P              0.1         0.3          820        0.01        0.04
   EUR 12        50.3       94.8        117640        0.04        0.08
 ---pagebreak---                                    - 32 -
                                                                       Annex 1
Cabotage performed             Cabotage effectué       Kabotagefahrten
Days / Jours / Tage      IU-90          IV -90.     WÊ          WÊm
                    D      3780            5374
  Reporting         F      1724            4773    7207
   Member            I         0
    State          NL      2259            4068
                    B      2748            3523
     Etat           L
   Membre          UK        245            660    2028
  déclarant        IRL
                   DK       1001           1694    2118
   Mitglied-       GR
  Staat der         E         86            208     325
 Unternehmer        P          0               5     49
                  total   11843          20305    11727
  TONNES                 III-90          IV-90                   11-91
                    D     45238          85922
                                                  mm
  Reporting          F    21440          57541    81077
   Member            I         0
     State          NL    48889        101816
                     B    71078          96822
      Etat           L
   Membre           UK      4115           9462   32737
  déclarant        IRL
                    DK    26898          35121    38857
   Mitglied-       GR
   Staat der         E      1290           3014    4641
 Unternehmer         P         0             65     182
                  total 218948         389763    157494
  1000 TKM                III-90        :!!•         191            91
                     D      7831          12530
  Reporting          F      6274          19738   24706
   Member             I        0
     State          NL    11934           25870
                     B    17605           23976
      Etat           L
   Membre           UK       915           2529    7681
   déclarant       IRL
                    DK      5234           9642   13178
   Mitglied-       GR
   Staat der         E       599           1414    2221
 Unternehmer         P                       5
                               0_        _     Z    129
                  total   50392           95756   47915
 ---pagebreak---                            Number of authorizations      Nombre d'autorisations       Anzahl der Genehmigungen
              90-91   D       F       I      NL     B      L      UK      IRL     DK      GR       E      P     EUR
                      2170    1793    1795    1869  1322    616    1124      595    1282     584   1371    777   15298:;
                      14%     12%     12%     12%     9%     4%      7%      4%      8%      4%      9%     5%    100%?
              Ill-90       Cabotage performed in :       Cabotage effectué en :          Kabotagefahrten in :
  Days/Jours/Tage     D       F       I      NL     B      L      UK      IRL     DK      GR       E      P     EUR      llllll
                 D            707    2295     258     71      0      77        0    244             106     22   3780      3780  32% j
   Reporting          893;            140       71    77     28    322         0       0            188       5   1724     1724  15%j
    Member               0       0|              0     0      0       0        0       0              0       0       0       0   0%j
     State      NL   1210       48    198:          620       0    100         0      45             37       1  2259      2259  19%{
                 B   1317     687     161     485            34      57        0       0              7       0   2748     2748  23% j
      Etat       L                                                                                                                0%j
    Membre      UK      33      63      18      33    38                      56                                   245|     245   2%^
   déclarant    SRL                                                                                                               0%j
                DK    773       74     126       4     0                       0                            23    1001     1001   8%j
|   Mitgiied-   GR                                                                                                                0%:
I Staat der      E      30      51               0                             0                              4      86      86   1%|
 Unternehmer     P       0       0               0                             0                                      0       0   o%;
               total 4256    1630    2939     851   806      62    557        56    289             342     55  11843     11843 100%I
                                                                                                                                       3>
              !j!-90 4256    1630    2939     851   806      62    557        56 ...289        0    342     55  11843                  3
                                                                                                                                       CD
                     36%     14%     25%       7%    7%     1%      5%       0%      2%      0%      3%    0%|   100%
 ---pagebreak---                              Number of authorizations       Nombre d'autorisations     Anzahl der Genehmigungen
            90-91       D       F       I      NL      B      L      UK       IRL   DK     GR        E      P    EUR :i
                   j*   2170    1793    1795    1869   1322    616    1124      595  1282     584    1371    777  15298Ï
                 ' :     14%    12%     12%     12%      9%     4%      7%      4%    8%      4%       9%     5%  100%^
            lil -90          Cabotage performed in :        Cabotage effectué en :        Kabotagefahrten in :
   TONNES               D       F       I      NL      B      L      UK      IRL    DK     GR        E      P    EUR      UN 90 *
                D              7043 30073      2977    933       0    939         0 2117        0   1047    109  45238      45238 21 %|
 Reporting      F      9873            2218     695   1274   1018    4071         0     0       0   2168    123  21440   ! 21440 io%!
  Member        I          0       0               0      0      0       0        0     0       0       0      0      0             o%l
    State      NL     24036     845    4501        ' 16228       0 1620           0  855        0    802       2 48889   ! 48889 22% |
                B     33904 17671      4286 11828            1981 1277            0     0       0     131      0 71078   | 71078 32% |  w
                                                                                                                                        ->
    Etat        L                                                                                                                   0%{
  Membre       UK       459     771     277     477    771       0           1299               0      61      0  4115   [   4115   2%)
 déclarant    IRL                                                                                                                   0%|
               DK     22346     713    3700       33                                            0       0   103  26898   ; 26898 12%j
  Mitglied-   GR                                                                                                                    0%|
 Staat der      E       483     714       15       0                                            0             78  1290   I   1290 i%|
                                                                                                         :i
Unternehmer     P          0       0       0       0                                            0       0             0         0 o%!
             total    91101 27757 45070 16010 19206          2999   7910     1299   2972        0   4209    415 218948     218948 100%
               -90 91101 27757 45070 16010 19206             2999   7910     1299 ,2972         0  4209     415 218948
                       42%     13%     21%       7%     9%     1%      4%       1%    1%      0%      2%     0%| 100%
 ---pagebreak---                            Number of authorizations       Nombre d'autorisations     Anzahl der Genehmigungen  - < -;
             90-91    D       F       I       NL     B      L      UK      IRL    DK     GR        E      P     EUR ;
                      2170    1793    1795     1869  1322    616    1124      595  1282     584   1371     777   15298?
                      14%     12%      12%     12%     9%     4%     7%       4%    8%      4%       9%     5%   100%?
             Ill-90        Cabotage performed in :        Cabotage effectué en :        Kabotagefahrten in :
  1000 TKM            D       F        I      NL     B      L      UK      IRL    DK     GR        E     P     EUR      ?• Ill - 9 0
                 D           1390    5017      404   130       0 244            0  320             308      18   7831          7831 16%
 Reporting       F   3336             638      102     67     32 1146           0     0            936      17   6274    t-    6274 12%|
  Member         I       0       0    '"' t *     Ç     0      0       0        0     0               0      0        0            0 0%j
    State       NL   T\Tl     432    1282!      S   2100       0 355            0  254             334       0  11934    ».  11934 24%)
                 B   9712    4493    1265     17031            9 385            0     0              38      0  17605    '    17605 35% j
    Etat         L                                                                                                                 0 0%)
  Membre       UK     188     290        39      27 164                      184                     23            915          915 2%;
 déclarant     IRL                                                                                                                 0 0%|
               DK    4215       98    901                                                                   13   5234   '>     5234 10%j
  Mitglied-    GR                                                                                                        *         0 0%|
 Staat der      E     198     356                                                                           39     599          599 1%l
Unternehmer P            0       0                                                                                    0            0 0%;
              total 24826   7059     9148 2243 2461           41   2130 184 574               0 1639        87 50392         50392 100%
            |||$| 24826 7059 9148 2243 2461                   41 2130        184 .574         0 1639        87 50392
            llllll^ 49% 14% 18% 4%                    5%     0%      4%       0%    1%      0%     3%      0% 100%
 ---pagebreak---             number of   D      F       I      NL       B      L     UK      IRL    DK     GR      E       P     EUR l
     90-91      autho-  2170   1793   1795     1869    1322    616   1124      595  1282    584   1371     777 15298 \
        ' '  rïzations   14%    12%    12%      12%      9%     4%     7%      4%     8%     4%     9%      5%   100%li
               IV-90         Cabotage performed in :        Cabotage effectué en :       Kabotagefahrten in :
  Days/Jours/Tage       D      F       I      NL       B      L     UK      IRL    DK     GR      E       P    EUR      Ï1Ï1II
                   D            900  3612      307       96      4     75        0  189       0    168      23   5374     5374 26% l
 I Reporting       F   3124^^B         411       18    256    164    440         0     0      0   349       11   4773     4773 24%:
 \ Member          I                                                                                                             o%:
|    State        NL   2294     128    332;||||||||||  914       8   200         1  148       0     41           4068     4068 20%;
i                  B   1743     760    224     658              82     49        0     0      0      7           3523     3523 17%:
                                                                                                                                      o
|     Etat         L                                                                                                             Q%\
I Membre         UK     227     169      15      40      64                   122             0     23            660      660   3% |
   déclarant     IRL                                                                                                             o%;
                 DK    1394      99    152                                                                  38   1694     1694   8% !
   Mitglied-     GR                                                                                                              0%;
| Staatder         E      46    131                                                                         27    208      208   1%:
 iUnternehmer     P        0      0                                                                                 5        5   o%;
                total  8828   2187   4750    1025     1330    258    767      123   337           599     101  20305     20305 100%:
              011IÙ1 8828     2187   4750    1025     1330    258    767      123   337           599     101  20305
                       43%     11%    23%       5%      7%     1%     4%      1%     2%     0%     3%      0%   100%
 ---pagebreak---         - number of     D      F      I      NL      B      L     UK      IRL    DK     GR      E       P      EUR i|
   90-91       autho-   2170   1793   1795   1869    1322    616   1124     595   1282    584   1371     777  15298 I
            rlzations   14%    12%    12%     12%      9%     4%     7%     4%     8%     4%      9%     5%     100%^
              IV-90          Cabotage performed in :      Cabotage effectué en :       Kabotagefahrten in :
   TONNES               D      F      I      NL      B      L     UK      IRL    DK     GR      E      P      EUR              V   s <
                  D           7446 67210    4769    2010      97  1102        0  1620       0  1554     114   85922    85922 22%|
 Reporting        F   30640'         5995     217   3839   5011   6575        0      0      0  4994     270   57541    57541 15% |
  Member          I                                                                                                              0%j
    State        NL   52071   2404   8637^        29746     136   5139        2  2667       0   965       49 101816   101816 26%j
                                                                                                                                       1/4
                                                                                                                                       -si
                  B   47566 18019    6042 18870            4908   1277        0      0      0   140        0  96822    96822 25% |
    Etat          L                                                                                                              0%|
  Membre         UK    3010   1553    298     623   1142                  2465              0   371             9462    9462     2% |
 déclarant      IRL                                                                                                              0%|
                 DK 28686 1527 4374            39                    37                         125     333   35121    35121     9% |
  Mitglied-     GR                                                                                                               o%!
 Staat der       E      717 1828        53      0                     0                                 416     3014    3014     1%1
Unternehmer P              0      0      0      0                     0                           65;             65      65 o%|
               total ##### 32777 92609 24518 36737 10152 14130            2467   4287       0  8214 1182 389763       389763 ioo%l
             WÊm&tmm         32777 92609 24518 36737 10152 14130          2467 .4287        0  8214   1182 389763
                       42%      8%   24%      6%      9%     3%     4%      1%     1%    0%      2%     0%     100%;
 ---pagebreak---               number of     D           F     I     NL       B      L         UK       IRL     DK      GR        E        P        EUR \
    90 - 91        autho-    2170       1793  1795   1869   1322     616       1124      595    1282     584    1371        777   15298 ;
   '<•,-/ '^iJ'rrtzations     14%       12%   12%    12%      9%      4%         7%       4%     8%      4%         9%      5%      100%f
                                    s    s                                      v                             v
                            -  '      '        'A '        *       '  -   ' '     '> ^     '      >              '*< S  v w   * *   -''  '
                   IV-90           Cabotage performed in :       Cabotage effectué en :               Kabotagefahrten in :
  1000 TKM                  D           F     I     NL      B      L         UK        IRL     DK      GR        E        P       EUR       IV-90
                       D                829 10069    604   134          6     333            0 239         0    291          25    12530     12530 1 3 % j
 Reporting             F  12459^             2229      25  425        63 2016                0      0      0   2499          22    19738     19738 21%)
  Member               I                                                                                                                             0%|
    State             NL  15489       1128   2717         3649        28 1604                2 774         0    474            5   25870     25870 2 7 % j
                       B  12851       4653   2941 3011 ''''-'           7     452            0      0                          0   23976   I 23976 2 5 % | oo
     Etat              L                                                                                   0       61                                o%!
  Membre             UK       912       691      41    47  174                          420                                         2529   \  2529   3%|
 déclarant           IRL                                                                                   0    244                                  0%j
                     DK    8415         179  881                                                                             23     9642      9642 10% j
  Mitglied-          GR                                                                                    0    131                                  0%)
 Staat der            E       286      917       21                                                                       190       1414   I 1414    i%i
Unternehmer           P          0         0      0                                                                 57^                 57      57   o%i
                    total 50412       8397 18899    3691 4382       104 4414            422 1013           0   3757       265     95756      95756 ioo%!
                  tVf ÔÔ, 50412       8397 18899    3691   4382      104      4414       422 .1013         0    3757       265    95756
                           53%           9%  20%      4%     5%      0%         5%       0%      1%      0%       4%        0%     100%
 ---pagebreak---         - number of      D      F      I      NL      B      L     UK      IRL    DK      GR     E       P     EUR |
   90-91         autho-  2170   1793   1795   1869    1322    616   1124     595   1282    584   1371     777 15298 \
         ', ' rlzations  14%    12%    12%     12%     9%     4%     7%      4%     8%     4%      9%      5%   100%!
                     91       Cabotage performed in :      Cabotage effectué en :       Kabotagefahrten in :
Days/Jours/Tage          D      F      I      NL      B      L     UK      IRL    DK     GR      E       P    EUR      91
                   D                                                                                                          0%
 Reporting          F   5490 \         288      53    321    234    530                      0   290            7207   7207 61 %j
  Member            I                                                                                                         0%!
   State          NL                                                                                                          0%j
                   B                                                                                                          0%! OJ
                                                                                                                                  o
    Etat           L                                                                                                          0%j
  Membre          UK     730    509      97     84    132                   454                    22           2028   2028 17%|
 déclarant        IRL                                                                                                         0%j
                  DK    1724    132    173      12                                                         67   2118   2118 18%|
  Mitglied-       GR                                                                                                          0%)
 Staat der         E       42   259              0                                                         21    325    325   3%|
Unternehmer        P        0     7              Û                                                 42:            49      49  0%j
                 total  7986    907    561     149    454    234    537     454                   356      89 11727   11727 100%1
               III!     7986    907    561     149    454    234    537     454 ~    0       0   356       89 11727
                        68%      8%     5%     1%      4%     2%     5%      4%     0%     0%     3%      1%   100%
 ---pagebreak---            number of     D      F      I      NL      B      L     UK      IRL    DK     GR      E       P     EUR
   90-91       autho-    2170   1793   1795   1869    1322    616   1124     595   1282    584   1371     777 15298
            rlzatlons    14%     12%   12%     12%     9%      4%     7%      4%     8%    4%     9%      5%    100%
                   91         Cabotage performed in :      Cabotage effectué en :       Kabotagefahrten in
   TONNES                D      F      I     NL       B      L     UK      IRL    DK     GR      E      P      EUR    U91
                  D                                                                                                            0%|
 Reporting        F    52040^         6085     445   3865   5749   8776                      0  4098       19  81077   81077 51%j
  Member          I                                                                                                            0%|
    State        NL                                                                                                            0%)
                 B                                                                                                             o%i  o
    Etat          L                                                                                                            0%j
  Membre        UK      8590 10126    2244   1372    2065                  7641              0   699           32737   32737  21 %j
 déclarant      IRL                                                                                                            0%i
                DK     31528   2294   4250     155      20            50                           22    538   38857   38857  25%}
  Mitglied-     GR                                                                                                             o%;;
 Staat der       E       651   3602      40              0             0                                 348     4641   4641   3%;
Unternehmer      P         0      22      0              0             0                         160:             182    182   0%;
               total i 92809 16044 12619     1972    5950   5749   8826    7641              0  4979     905 157494   1574941100%;
              N91      92809  16044  12619   1972    5950   5749   8826    7641              0  4979     905  157494
                        59%     10%     8%     1%      4%     4%     6%      5%     0%    0%      3%      1%    100%:
 ---pagebreak---            number of     D      F      I      NL      B      L     UK      IRL    DK     GR      E       P     EUR \
   90-91    * autho-     2170   1793   1795    1869   1322    616   1124     595   1282    584   1371     777 15298 \
            rizations     14%    12%   12%     12%     9%      4%    7%      4%     8%     4%      9%      5%   100%j
                  91          Cabotage performed in :      Cabotage effectué en :       Kabotagefahrten in
  1000 TKM               D      F       I     NL      B      L     UK      IRL    DK     GR      E      P     EUR     -91
                 D                                                                                                             0%\
 Reporting        F    18232          1778       92   448      36  2340               0      0  1774           24706  24706 52%j
  Member          I                                                                                                            0%|
    State        NL                                                                                                            0%[   i
                 B                                                                                                             0%j  -ps
    Etat          L                                                                                                            0%|
  Membre        UK      2179   2881    952      129   258                  1187                    95           7681    7681 16%;:
 déclarant      IRL                                                                                                            0%!
                DK     11750     279  1041       22      2            15                           15      54  13178   13178 28% j
  Mitglied-     GR                                                                                                             o%;;
 Staat der       E        269  1794       17      0      0      0      0                     0           141    2221    2221   5%;
Unternehmer      P          0     15       0      0      0      0-     0                     0    114 *          129     129   o%;
               total I 32430   4969   3788     243    708      36  2355    1187              0  1998     201   47915   47915 100%;
              J «.91    32430   4969   3788      243   708      36  2355    1187  _    0      0  1998     201 47915
                         68%    10%     8%      1%     1%     0%     5%      2%     0%     0%     4%      0% 100%
 ---pagebreak---                               - 42 -
                             IMPACT ASSESSMENT
IMPACT OF THE PROPOSAL ON BUSINESSES AND, IN PARTICULAR, ON SMALL AND
MEDIUM-SIZED ENTERPRISES (SMEs)
Title of the proposal; proposal for a Council Regulation laying down the
definitive system under which non-resident carriers may operate domestic
road haulage services within a Member State.
The proposal
1. In view of the subsidiarity    principle, why  is Community   legislation
   necessary in this field and what are its main objectives?
   Community legislation is needed to introduce a common and uniform system
   of access for non-resident carriers to national road haulage markets.
   The proposal has the following major features:
        it ensures complete freedom to provide services (equal treatment
        for all carriers) in the transport market herein referred to;
        it lays down the rules and procedures under which       non-resident
        carriers may have access to national transport markets;
        it   abolishes the  cabotage  quota  system  and  the   quantitative
        restrictions which that system entails.
Impact on businesses
2. Who will be affected by the proposal?
        Which sectors of business?
 ---pagebreak---                                  - 43 ~
        Principally  haulage   firms   and,   secondarily, firms  upstream
        (consignors and commercial agents) and downstream (end users) of
        the haulage industry.
        What size of firms?
        A considerable proportion (some 80%) of road haulage firms are
        SMEs.
        Are there any particular geographical areas within the Community
        where such firms are established?
        No.
3. What steps must firms take to comply with the proposal?
   They   must  meet   the  qualitative   conditions   for access  to  the
   international road haulage market and must hold a Community haulier's
   authorization, but this single authorization is not subject to quotas
   and it replaces the cabotage quota authorizations.
4. What economic effects is the proposal likely to have:
        on employment?
        None.
        on investment and the creation of new firms?
        None.
   -    on the competitiveness of businesses?
 ---pagebreak---                               - 44 -
        A more accessible market will help improve the competitiveness and
        efficiency of road haulage.
5. Does the proposal contain any measures intended to take account of the
   specific situation of SMEs (reduced or different requirements, etc.)?
   No.
Consultation
6. List the organizations which have been consulted on the proposal and
   summarize their main points of view:
   Haulage associations were consulted on 15 July 1991.      Their views may be
   summarized as follows:
        The  International   Road  Transport   Union  (IRU) was   in  favour of
        maintaining  the   cabotage  quota   and  of  increasing   it  annually,
        circumstances  permitting,   in  line with market     requirements.   In
        parallel with this step-by-step approach, progress should be made
        on harmonizing the conditions of competition.
        The European Liaison Committee of Common Market Forwarders (CLECAT)
        and the Chambers of Commerce and Industry (EUROCHAMBRES) take the
        view that the definitive cabotage system must be compatible with
        the obligations imposed by the Treaty.      They consider that, before
        quota-free cabotage is introduced, there should be a short period
        (of a few years) during which there would be a gradual transition
        to the definitive system and conditions of competition would be
        harmonized.
        UNICE  (representing the consignors) is in favour of liberalizing
        cabotage as from 1 January 1993.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 377 final
                                                      DOCUMENTS
EN                                                                              07
                                 Catalogue number : CB-CO-91-500-EN-C
                                                             ISBN 92-77-77446-0
Office for Official Publications of the European Communities
Lr2985 Luxembourg