CELEX: 51989PC0572
Language: en
Date: 1989-11-27
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 3164/76 CONCERNING ACCESS TO THE MARKET IN THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        C0MC89) 572 f i n a l
                                                        Brussels, 27 November 1989
                              Proposal f o r a
                         COUNCIL REGULATION (EEC)
             amending Regulation (EEC) No 3164/76 concerning
  access to the market in the i n t e r n a t i o n a l carriage of goods by road
                      (presented by the Commission)
 ---pagebreak---                          EXPLANATORY MEMORANDUM
1. In Regulation (EEC) No 1841/88,<1> the Council
   -   set a Community quota for the carriage of goods by road between
       Member States for 1988 and 1989, and
   -   decided to abolish all quotas, including the Community quota, on
       1 January 1993.
   This means that the Community quota should now be decided for 1990,
   1991 and 1992.
   Under Article 3(3) of Regulation (EEC) No 3164/76.<2> as amended by
   the above-mentioned Regulation (EEC) No 1841/88, the Council Is
   required to decide by 31 March 1990 on an increase in the Community
   quota from 1990.   The aim of this proposal Is to enable the Council
   to take this decision In time, If possible before the end of 1989,
   as it would be preferable for Community authorizations to be fully
   available in practice from 1 January 1990.
    In addition, under the provisions of Article 3(3) of Regulation
   (EEC) No 3164/76, a report on the effects of the various Increases
   in and the allocation of the Community quota has to be attached to
   the proposal.
(1)0J No L163, 30.6.1988, p. 1.
(2) 0J No L357, 29.12.1976, p. 1.
 ---pagebreak---                                      2 -
2. The increase in the Community quota for 1990, 1991 and 1992 should
   be set at 40% per year.     This rate of Increase Is :
   -    in line with the policy conclusions adopted by the Council at the
       meeting of 30 June 1986 and the Commission proposal presented In
       November 1986<1>;
   -   equivalent to the Community quota increases in 1987, 1988 and
       1989;
   -   absolutely essential if the proportion of operations effected
       under Community authorizations is to be increased and complete
       freedom to provide road haulage services between the
       Member States thereby established;
   -   a response to market needs since the number of tonne-kilometres
       performed under the Community quota Increased by 37% between 1986
       and 1988; and
   -   necessary to ensure a smooth transition to the system which wilt
       be In force from 1 January 1993 and In which there wilt no longer
       be any quantitative restrictions on access to the market (as
       quotas will have been abolI shed).
3. The extra authorizations resulting from the Increase in the
   Community quota are to be distributed among the Member States on a
    linear basis.
   The linear method of allocation was used for 1989 and has the
   advantage of simplicity.    Any other method of distributing Community
   authorisations aimed at ensuring that the Member States all start
   equal when the unrestricted system comes into force on
   1 January 1993, would run Into virtually Insurmountable obstacles.
(1)    0J No 65, 12.3.1987, p. 4.
 ---pagebreak---                                  - 3 -
4. By abolishing the present formality requiring a customs stamp on the
   record sheet when a lorry crosses the frontier of the country in
   which the transport operation Is to terminate, this proposal Is also
   In line with the objective set out In Article 8a of the Single Act.
   Although the formality will disappear automatically on
   31 December 1992 when Regulation 1841/88 enters fully Into force, it
   might be useful to make advance preparations for the deadline by
   organizing the gradual dismantling of these border formalities.
   Furthermore, the requirement, enshrined in Regulation 3164/76, is a
   barrier to the elimination of the formality by the Member States of
   the Schengen Group.  Hence the proposal to amend Annexes II and lia
   to Regulation 3164/76.
 ---pagebreak---                                 Proposal for a
                           COUNCIL REGULATION (EEC)
             amending Regulation (EEC) No 3164/76 concerning
  access to the market in the international carriage of goods by road
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 under Article 3(3) of Regulation (EEC) No 3164/76, 4 as           last
                                              5
amended by Regulation      (EEC) No 1841/88,     the Council   is required  to
take a decision on the increase, from 1990, in the Community quota for
the carriage of goods by road between Member States;
Whereas   Article   4a   of   Regulation   (EEC)   No  3164/76   provides  for
abolition of all quotas, Including the Community quota, from 1 January
1993;
Whereas on 30 June 1986, the Council adopted conclusions requiring the
Community quota to be increased by 40% each year starting In 1987 and
continuing until the implementation in 1993 of an Intra-Communlty road
transport market free of all quantitative restrictions;
1  OJ
2  OJ
3  OJ
4  OJ No L 357, 29.12.1976, p. 1.
5  OJ No L 163, 30.6.1988, p. 1.
 ---pagebreak---                                      - 2 -
Whereas, pursuant to those conclusions the Community quota was Indeed
Increased by 40% in 1987, 1988 and 1989;
Whereas to ensure that the changeover to the new system applicable from
1993 is as smooth as possible and does not disturb the market, and to
ensure that there is complete freedom to provide road haulage services
between Member States, the Community quota should be increased by 40%
also in 1990, 1991 and 1992;
Whereas, as In 1989, the number of authorizations resulting from the
 increase   in   the   Community    quota    should   be    allocated    to  the
Member States on a linear basis; whereas this method            is particularly
appropriate because of its simplicity;
Whereas, with a view to the abolition of checks at the Community's
 internal  frontiers    the  requirement    for   the  customs    to  stamp  the
transport   record   sheet   should   be   abolished;   whereas,    consequently
certain technical amendments are needed to Regulation (EEC) No 3164/76,
HAS ADOPTED THIS REGULATION :
                                   Article 1
Regulation (EEC) No 3164/76 is hereby amended as follows:
1.   Article 3(1) and (2) are replaced by the following:
    "1.      For  1990,   1991  and   1992   the  total   number   of  Community
             authorizations allocated to the Member States as a whole in
             the context of the Community quota shall be 33 635, 47 094
             and 65 936 respectively.
             The number of Community authorizations allocated to each of
             the Member States shall be as follows:
 ---pagebreak---                                     - 3 -
                     1990         1991       1992
Be IgIurn            2918         4086       5721
Denmark              2831         3964       5550
Germany              4654         6516       9123
Greece               1291         1808       2532
Spain                3026         4237       5932
France               3957         5540       7756
Ireland              1316          1843      2581
Italy                3964         5550       7770
Luxembourg           1360          1904      2666
Netherlands          4125         5775       8085
Portugal             1713          2399      3359
United Kingdom       2480          3472      4861
2. In Annex II and Annex II bis
a)      the following are deleted:
             point 7 on page (b);
             the last sentence on page (c);
             the footnote appearing under "NB" at the foot of page (d);
             and
             the text on page (e);
b)      the following sentence is added to point 3 on page (b):
        "However, the book has no longer to be checked at the frontiers
        of the Member States."
                                 Article 2
This Regulation shall enter Into force on 1 January 1990.
This    Regulation  shall  be   binding   in its  entirety   and directly
applicable In all Member States.
Done at Brussels ,                           For the CounclI
                                             The President
 ---pagebreak--- Assessment of the Impact on SMEs and employment of the proposal for a
Council Regulation amending Regulation (EEC) No 3164/76 on access to
the market In the International carriage of goods by road
1. Administrative obligations arising out of the Implementation of the
   proposed Regulation
   The proposal will result in businesses having fewer administrative
   formalities to complete:
   -   each Community authorization will replace a large number of
      bilateral and transit authorizations;
   -   Community authorizations are valid for a full year and for all
       transport links between the Member States whereas bilateral
       authorizations are valid only for one Journey on one bilateral
       11 nk ;
   -   frontier formalities (customs stamp on the record sheet) will be
       abolished.
2. Advantages for undertakings
   The Increase In the Community quota will result in:
   -   road hauliers being able to respond even better to market needs-,
   -   rationalization of services;
   -   a corresponding reduction in costs;
   -   a reduction in administrative formalities (see point 1 ) .
3. Disadvantages for undertakings
   The increase In transport capacity Is likely to result In greater
   competition between road hauliers.
 ---pagebreak---                                   - 2 -
4. Effects on employment
   The proposal does not seem likely to affect employment levels In the
   sector in question.
5. Has there been prior consultation of the social partners?
   Not on this proposal, but consultations were held on the previous
   proposal, COM(86)595 flnal/2 (OJ C 65 Of 12 March 1987, p. 4 ) , part
   of which (the 40% per year Increase In the Community quota) has been
    included in this proposal.
    In connection with the earlier proposal the ESC1 drew attention to
   the danger of overcapacity.   This reflected the views of the road
   hauliers, trade unions, railways and transport auxiliaries but the
   users approved the proposal.
6. Is there an alternative Involving less constraint?
   No.
1  Opinion of 1 June 1987 (OJ 232 of 31.8.1987, p. 34).
 ---pagebreak---  ---pagebreak---                                                                     ISSN 0254-1475
                                                              COM(89) 572 final
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