CELEX: 51980PC0508
Language: en
Date: 1980-09-08
Title: PROPOSAL FOR A COUNCIL DECISION on acceptance by the Community of a draft resolution of the European Conference of Transport Ministers on the introduction of an ECMT licence for international removals (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 508
Vol. 1980/0169
 ---pagebreak--- Disclaimer
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 ---pagebreak---    ï?
COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(80)508 final
                                             Brussels / 8th September 1980
                        PROPOSAL FOR A COUNCIL DECISION
            on acceptance by the Community of a draft resolution of
            the European Conference of   Transport Ministers on the
          introduction of an   ECMT licence for international removals
      (presentedby the Com is on to the Council)
                             \\
COM ( 80 ) 508 final
 ---pagebreak---       EXPLANATORY MEMORANDUM
      1.  The European Conference of Ministers of Transport ( ECMT ) has drawn
          up a draft resolution aimed at the introduction of an ECMT licence
          for international removals . The ECMT has put back formal adoption
          of this draft so that it can be accepted with due regard for the
          procedures and obligations set out in the EEC Treaty .
      2.  The aim of the resolution is to introduce in all ECMT countries a
          multilateral licence for international removals allowing its holder
          to carry out freely international removal operations between all
          the Member States of the ECMT , including the Member States of the
          EEC .
          Under ECMT resolutions currently applicable ( 1 ), such operations may
          be made subject to the issue of non-quota licences in each indivi­
          dual case by the countries through which the consignment passes .
      3.  As far as the nine Member States of the EEC (which are also members
          of the ECMT) are concerned , this matter is regulated by the First
          Council Directive of 23 July 1962 as last amended by the Directive
          of 20 December 1979 .
          Pursuant to these Directives , removals performed by carriers in the
          Member States are not subject to any djuota system , but may still be
          subject to a licensing scheme ( it being understood that a vehicle
          registered in one Member State may be used for a removal between
          other Member States ).
          A standard licence was introduced by Council Directive 65 / 269/ EEC
          of 13 May 1965 as amended by Directive 73/ 169 / EEC of 25 June 1973 .
                ,| r>    •                       t) •
                 < Γ
( 1 ) See resolutions N° 16, 27, 32 and 35 .
 ---pagebreak--- The resolution drafted by the ECPIT will thus impinge on existing
Community Legislation because
(i )    it applies to carriage between Member States of the EEC in
        vehicles registered in one of the Member States , thus overlap-
                                                              Ν
        ping with Community measures in this sector ;
( ii >  it introduces the principle of a multilateral licence valid
        for all traffic between the countries belonging to the ECMT,
        while under the Community system the carrier must apply for a
        licence for each pair of countries he intends to serve , in so
        far as a licence is still required ;
Ciii ) lit also relates to removals between Member States of the EEC
        in vehicles registered in a number of non-Community countries ,
        thus granting rights to carriers from these countries on
        routes between Community countries ;
( iv )  it goes beyond currently applicable Community legislation in
        that it regulates removals between a Member State of the EEC
        and a non-Community country belonging to the ECMT which are
        not within the scope of the Community Directives .
Despite the above considerations , the Community has an interest in
supporting the aims pursued by the ECMT draft resolution , which
seeks to ensure better utilization of available transport equipment
and to reduce administrative formalities; these aims are equally
desirable at Community level . The Commission takes the view that
such an improvement should be introduced on condition that obligations
deriving from the Treaty of Rome are observed .
 ---pagebreak---                                     3
6. It should be pointed out that removals between Member States of the
   EEC will continue to be regulated solely under the provisions of the
   EEC Treaty, especially Article 75 and following, with a view to
   guaranteeing the independence of Community law, to avoiding the
   existence of regulations from different sources and to ensuring
   that the Community 's institutional procedures are observed in
   establishing these common rules .
7. To achieve the above-mentioned aims the Commission proposes that :
   (a ) acceptance be by the Community and not by the Member States as
        such , for they are now longer in a position to assume individually
        or even collectively international commitments in respect of the
        subjects covered by Community measures or likely to affect the
        latter ;
   (b) acceptance of the ECMT resolution be coupled with an amendment
        of Community provisions so that removals between Member States of
        the EEC enjoy a regime as favourable as is applied to removals
        starting and ending in non-Community countries .
8. In the light of these considerations, the Commission is submitting to
   the Council this proposal for a Decision on acceptance by the
   Community of the draft resolution of the European Conference of
   Ministers of Transport (ECMT ) on'the introduction of an ECMT licence
   for international removals .
 ---pagebreak--- Thereafter the Council , acting on a proposal from the Commission ,
would adopt the measures necessary to transpose the arrangements
covered by the draft resolution into Community law in good time .
The Commission stresses that because of the interdependence with
Community law referred to above,, adoption of this Decision by the
Council should coincide with adoption of the amendment to the First
Directive of 1962 on this matter ,,
 ---pagebreak---                                                                                  V
                          PROPOSAL FOR A COUNCIL DECISION
   on acceptance by the Community of a draft resolution of the European
   Conference of Ministers of Transport on the introduction of an ECMT
                        licence for international removals
The Council of the European Communities ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 75 thereof-
                 6
Having regard to the proposal from the Commission .
                                                    Λ    '
Having regard to the Opinion of the European Parliament .
                                                 1 t-
Having regard to the Opinion of the Economic and Social Committee ,
Whereas the European Conference of Ministers of Transport ( ECMT ) has drawn
up a draft resolution on the introduction of an ECMT licence for interna­
tional removals ; whereas application of this resolution is likely to facili­
tate the performance of international removals , to , permit better utilization
of transport equipment and to reduce administrative formalities ;
Whereas the subject matter of this resolution is within the competence of
the Community, since it is covered by Community legislation ( First Council
Directive of 23 July 1962 ( 1 ) as last amended by Directive 80 / 49 / EEC ( 2)#
and Directive 65 / 269 / EEC ( 3 ) as amended by Directive 73 / 169 / EEC ( 4 );
 ( 1 ) OJ No 70, 6.8.1962 , p. 2005 / 62 .
 ( 2 ) OJ No L 18 , 24.1.1980 , p. 23 .
 ( 3 ) OJ No 88 , 24.5.1965 , p. 1469 / 65 .
 (4 ) OJ No L 181 , 4.7.1973 , p.20 .
 ---pagebreak---                                                                             (ο
Whereas in these circumstances it is for the Community to accept the draft reso­
lution on behalf of its Member States ,
HAS ADOPTED THIS DECISION :
                                 Article 1
The draft resolution of the European Conference of Ministers of Transport
( ECMT ) on the introduction of an ECMT licence for international removals is
hereby accepted on behalf of the Community with effect from 1 January 1982 .
The text of the draft resolution is annexed to this Decision .
                                 Article 2
The President of the Council shall notify the European Conference of
Ministers of Transport of the acceptance by the Community of the draft
resolution referred to in Article 1 .
                                 Article 3
This Decision is addressed to the Member States .
                                              r>
Done at                                          For the Council
                                                 The President
 ---pagebreak---          'mNi 'fiRr.NCR i:i ! ROi > r.i : NNn nus ministry w-s transports
          EUROPEAN CONFERENCE OF MINISTERS OF - TRANSPORT
                                                            RESTRICTED
                                                            ■          •      r - ■ ■-
                                                            Paris , 24th' April , 1900
                                                            CM(80)6 • ,
                                     COUNCIL OF MINISTERS
                DRAFT RESOLUTION ON THE INTRODUCTION OF AN
                 " ECMT - INTERNATIONAL REMOVALS " LICENCE
                                         (Cover Note )            ,
             In reponse to a request made by the Federation of Inter­
    national Furniture Removers ( FIDI ), the Committee of Deputies
    has prepared a draft Resolution establishing a special ECM?
    licence , for international removals by . road . This draft
    Resolution is . attached , together with ,the rules for its use and
 . a model licence .
             A number of administrative difficulties are indeed
    encountered by such traffic when crossing European frontiers ,
    mainly owing to the diversity of licences used by the countries
    which require them and the relevant formalities .
             The proposal set out in the attached . draft Resolution
    with a view to Introducing a standard model removals licence
, will help to eliminate these difficulties *                                            "
  *                 '   * ' ' ' .. '      «. ■ *          •  • ,     .   . ''   *   •» .   *(
                                                                                           - 9
                                                 1 - '
                                                       *.
                                                                                                        \
                                                                                                        » ^ •
                                                            V* . ' U
                                                                                               • * I.
                                                                                                   ,i • •
    Ta . 52687 - 6th May                                                                              »
 ---pagebreak---                                                  . ■ ; ■ - ji- .. ' ; ' •
                                                                    »
                                                                                              4 - ' miMy;*-
                                                                                                *          »
                                                                •                     •                  i
                                                   .K.                    •                   / >'/            ,
                       Resolution No .                 establishing an "^CMT –»
                                 Ti i U' - ri ìational l' fbi.vj) vai a       l'icone o           •' > .
                           The Council of Ministers ox Transport
                                         *                                                • '
                      Meeting at Bonn ; on 21st and 22nd May , 1980
                  Having regard to Resolutions Noa , 16 , 27 , 32 and 35 in .
 their co-ordinmtcd version of 1st June , 1978 /UM(80)27 ooncern-
 ing the regulations governing international' trai^sporl: by road ,
 and the liberalisation of certain types of such transport ;
                                                                      *                               ."              - ■
                  Recalling Its intention of finding Solutions for the
pr6blems of international road transport ;
                                                                               /
                  Recalling that the said Resolutions contain the following
provisions concerning removals carried out by contractors -who
have special staff and equipment for this purpose :                                                                .V
                 '•(1 ) under item bfj, bilateral transport operations are ■ " '
                        liberalised and not subject to quota , but may be .
,       ■               subject to licence the grant of which cannot be
    - •     ■
             .          refused ;                              » i
                                                                                                             .           ,
                  ( 2 ) under Item c , trahsit is exempt from any licensing ;•
                        requirementXl ) ;
  »  *                                                                      *
                  ( 3 ) under item d , multilateral transport Is allowed
                        between two countries other than the country In x                                             «
                        which the vehicle Is registered(2 ) ;
                  Observing that some Member countries require that inter­
national removals by road be subject to licence ;
                                                                                                                   » , .
                 Considering that the introduction of a standard multi­
lateral licence , issued by the haulier*s country of origin ,
could facilitate international removals by road pn the routes
concerned ;              .                                                                        v                  •, •
                                                 »
                 Considering that this Resolution does not modify the
liberal system in existence on traffic routes between certain ,
Member countries where international removals arp not subject ■
to licence ;                   .                        .
DECIDES ,                                      < f                            • . .'
               .                                Y                                       ,                          • *
                 - to establish an " ECMT - International Removals "
                     licence authorising all international removals, by
                     road in all ECMT Member countries carried out by                                            -
                     contractors who have special staff and equipment
                     for this puvpnse ; "
                            • ■ ■ " " ■ ■                                                                              J
( 1 ) This provision is accepted by 14 Member countries and not
          accepted by 5 ('Germany , Spain . France , Turkey , Yugoslavia ). .
                                                                  i
(2 ) This provision is accepted by, 13 Member countries and not •
          accepted by 6 (Germany, Spain,. Finland',
          Yugoslavia),                                                  .
                                                                                     France , Turkey,
 ---pagebreak---         - to adopt to thl3 end the rules governing the issue ,
            n.liniiiiatrr.tion and use of "ECMT - International      .»
            Removals " licences ; these rules are attached to the •
            present Resolution, as Annex I and form an Integral
            part of this Resolution .
                              %
INVITES •
                                                             i
      i                                                  .
        - the ECMT »rc"bor countries to F-.SKO the necessary arrange
                    -co introduce , as from 1st January , 1981 , the
            " ECMT - International Removals " licence for all inter­
            national removals by road between ECMT Member countries
         ' for which a licence is required .
                               '                           1, •
INSTRUCTS
        - the Committee of Deputies to keep under review the
          . Implementation of this Resolution by Member countries .
 ---pagebreak---          ' |                „        *•   ñ 5 ,**       •'             M «                 .. QK<8Q }¿
              ' "V     '· ·     "-·                                    ■·     ■■■ ·■■ '·
                                '   '        : ·■          ■ ■ -λ ·'··· . ' :                     '· ;·
               »              •                .            ■                           '     •       • 1.
                         "              Ληηοχ I '                  .·"               ' ·            *' · , '·
     Rules' on -the establishment, of an "ECMT - International,
       Removals " licence for international removals . "by road#                                                .!!'
Rulrï 1                                                                        •                           •      :
                                                                           .       i            %                 '
1.        Those rules set out the principles according to which
furniture removal firms whose vehicles are registered in Member
countries are allowed to carry out removals by road . on a multi­
lateral basis between any two countries or in. transit through
these countries .                                              •
2.        They do not alter the provisions governing implementation
of Resolution No . .16 , approved by the Council of> Ministers on
26th November , 1965 , as amended by Resolutions faos . 27 , 32 and
35 , concerning, the regulations governing 'international trans-,
port by road and the liberalisation of certain types of such
transport .            *                                                                                 '          *
Rule'2 .
1.        " ECMT - International Removals " licences shall not be
subject to quota .       They shall be valid as from 1st January-
1981 .
                 *                                               *           '                             %
2.       These licences shall.be printed by each Member country
in accordance with the model shown in Annex II ,
3.       They shall be numbered by each Member country indepen-* ,
dently , this number consisting of the - nationality code used . J
by the ECMT to designate each Member country followed by a
number in Arabic numerals *.                                                     •        v                     •
Rule 3
1.        " ECMT - International Removals " licences shall be issiied
by the responsible authority in each Member doi?ntry to removal
firms whose vehicles aire registered in that country ( country
of origin ).
2.        The other Member countries agree that tfye issue of a
licence by the country of origin shall be considered as autho-
rising international removals on their territory.                                                             ,
Rule A                                                f                                                            ,,
1.        " i:CMT - International Removals " licence ^ shall entitle
their holders to carry out any professional international re­
movals for which tho points of loading and unloading are on the ,
territory of different Member countries r as* well as unladen, i
runs through Moober countries . .                ■ .. • ^             . . •: . •>. ' •                       ...
               "■ -                        •                         > ,v .\           ; • \ .«         '.         • '
 ---pagebreak--- ♦ ' , 1(00)6                               « 6
     , .. η * :·* 1
    2.              An "ECMT - International Removals " licence shall not
      •uthorice a removal within one Member country for unloading at
    .. nother point in the same country . •
                           •                     i
                                                                         .      .
                                                                                    ι
    Z,              " ECMT - International Removals " licences shall be made -i
    •)ut in the name of the removal firm , which may not transfer ^
    them to a third party . ' A licence may be used for only one
    vehicle at a time . It shall be kept in the vehicle and pro­
   duced to the responsible officials on request . The word                          k
   vehicle is used here to mean a "single vehicle or a tractor-
   trailer combination specially used for , 'Removal purposes ..
   A.              The period of validity of " ECMT - International Removals "
   licences shall be determined by the. Member county issuing them.
  .Such licences shall permit an unlimited number of removals                 '
   during their period of validity.
   5.               "ECMT – International Removals " licences may be issued
   enly to contractors authorised , in accordance with the legis­
   lation of the country of origin, to operate as professional                    •
   international removers -                            •
   Rule 5
                                                     9
I                                             f
   1.              Member countries shall lend each other assistance in
   .Implementing and monitoring compliance with the instructions
   jet out in these Rules .                        '                       ■;
   2.              Should the responsible authorities 'in a Member country
  become aware that the holder of an ." ECMT - International
  j'.emov - In " licence issued by another Member country has failed
    -o comply with the provisions of those Rules , tho Member . country
   on whose national territory the offence has been committed mrSy
  inform " the authorities of the Member country which issued the
   " ECMT - International Removals " licence . The responsible
  authorities shall communicate to each other any information
  they may possess about the action taken, to deal with the offence
  Rule 6                                                 '                          «
                  These Rules shall In no way affect the provisions of          .
  Member countries' domestic legislation#
                • Annex II shall be an integral part of these Rules .
 ---pagebreak---     •;                      v. .                                      7-'.'                   "                    •' ; CM(80)6 ;
        «    '·,.·                                          *                                 ·     ·        ·             « ·
  '      .· · ·.·                                    · .                    . · / ■   "                     , ' '
                                                    Annex II , page 1                                                                              ,
  ■                 .                        ■■        -,       >                 .•      .             •           . >
                                 (White card - format. 21 x 29*7 cm )                                                            .                %k
                ( green diagonal line 3 cm wide from bottom left to • '
                                            • top right-hand corner)
      (first page of the WECMT - International Removals " licence )                                                                             <
                                                  *                 *                  *              .   •           .
                          *                                       ECMT        ' '                                                                  ;
       (wording to be in the two official languages of the ECMT )
 EUROPEAN CONFERENCE . '                               COUNTRY ISSUING               ' .                   NAME OF THE
 OF MINISTERS OF                          '     '      THE LICENCE                 '                       RESPONSIBLE
 TRANSPORT                              '            ' (nationality " .                            : AUTHORITY OR
                                                       code ) .                                            ORGANISATION ■
                                ECMT INTERNATIONAL REMOVALS . LICENCE
                      » -                                         ,                      »                                        •
                                                         No .
 authorising the holder 9 a contractor with special removal staff
 and equipment , to carry out professional removals by road be­
 tween. loading and unloading points in differenjc Member countries
 of the European Conference of Ministers of Transport(1 ), using
 a single vehicle of a tractor-trailer assembly designed for ;
 removals , and to run, such vehicle or. tractor-trailer assembly
 unladen in Member countries .                                                                     •.                                  ' .
 Holder ( 2 ) s                                                                             «                           Φ Φ Φ "
•                              ··©·♦·····©············                                                                                      i •«
           /                                                              9                      '                                    »
           ■      •         ■'       .•           :■      <   •         1                        \ '             .             ■               •
 The present licence Is valid from(3 ) • . • • « •;« tq»' . •. .                                                                              , .•
                                      . .'. .                             >■                   •                          • ■       ' j <• ,
  Restrictions :-                  •                                                                                                  l * «"
  A.         • This licence is not valid for transit through ^/*)*
 B.               This licence is not valid for transport between two                                                                     v
                   countries not including the country of registration of
                  the vehicle (multilateral transport ) in(4)Y ««.«<> «»«»»
                   DonO at •«»•••!•«<«.««•• on eeoQeoe€ti«ao$ee                                                     s • • • • (5)
  £1 ) Federal Republic of Germany (B),' Austria ( A ), Belgium (B )„ ;
           Donmork ( T)X ). Spain ( E ). Finland ( SF ). France ( F ), Greece (GR )
             Ireland ( lUL ; # Italy ( l ), Luxembourg (L ) f Norway (N )? the
           IJoth^rlnn-lr, ( III .) „ iPortu^al ( p ), the United Kingdom ( GD ),
             Sweden ( 5 ), Switzerland ( CH ) , Turkey ( T ) p and Yugoslavia (YU) «,
  ( 2 ) Nnme or traOe name and full address of the .contractor *
  13 ) In' Arabic numerals ,                                                                                   •                        ; *•
  (4 ) By application of Resolution No.* 16 P as amended by Resolu–
             tionr, Non » 27 , 32 and 35 .                                                                x
  ( 5 ) Signature and stamp of the responsible authority or organi­
             sation Issuing the licence in the country                                                    registration
             of tho vehicle .
 ---pagebreak--- «Μ(βΟ)6         . -                           ··.· .*- 8 -ί ■ ./.·
         *    '     i   *                                1                  1
                      '     .                                                                                  .                         .. ' .       '           :              •        .
                                                                                           '                                             •                        ♦          \           *
                                         Annex II , Page 2                                           "                 *                                                 •:
      (page 2 of the nECMT - International Removals'! licence ) ' .
          ,               •                                                                                                                                                   i
   (wording to be in the two official- languages of ijhe ECMT)(l)j-
                                     GENERAL PROVISIONS                                                                                                                            -
            The present licence covers professional removals by road
 between loading and unloading points in two different Member '
•countries of the European Conference of Ministers of Transport'
 as listed on page 1 of this licence . 1                                                                                                                         . \'t
            It does not apply to removals between a Member country
 and a third country .                                                                                                                                                    j ■
        . The licence is personal and may not be transferred# . It
may only be used on each occasion for a single vehicle or . ! .
 tractor-trailer combination designed for removals .                                                                                                                      S
                                                                                                                                                                          '     ·
            It must be kept on board the vehicle and produced to ; ;
 the responsible officials on request .                                                                                                                                   ;
            The holder of the licence must comply with the legal and
 administrative regulations in force in each Member country , ;\
 especially those relating to removals and road traffic#
                                                                                                                                                                          i        <
            The present licence piust be returned within two weeks .
 of expiry to the responsible authority or organisation which .
 issued It. • . .                           v.                           \                                                   , :• ,■                 : •' * ■' '
                                             • • •     •   • 1        » 11   i*       *' • i        ? *■> •        «  ♦ * ■        •                                  .   i !
                                                     ' ι '·■■·       ' ' ·■               ·.    : .                                                     >■          ( ' ' '
                                                                                                                                                                          ' I
                                                             • · : ·         . « ·.      ' !' .
                                                                                                         .                                        i
                                                                                                                         *       »   i        . r
                                                                ! ·.                :■ ■ ''                 · . ,·            · <■< · .'·                                 ίι
                                                                                                                                                                    I     <
                                                   ■ Λ ■ · * \* · ! ♦ *                     . \ . Υ.                    ■*'
                                                                                                             .
                                                                                                                 •   ·.·»»·    Λ
                              II * 9 «*>• »  ,1
                                                                               -         •                           m r 1                                    <•          t
                                                                              «                                           - f /V       »       -x         , .              >
                                                                               ;; ■{                       · λ ι· :. \ · . .· · .                           · · . .τ
                                                                                i ;.:             ,         • •'                          • •       •              • . ,
 ( 1 ) Member countries , with one or more other official languages |
       may provide their contractors with the necessary translation
   »• or translations of pages 1 and 2 .                                                                                        v■
                                                                                                                                                                        •J I
                                                                                                                                                                 >• - « ; I
                                                                                                                          I*'                                          'i            i.'
 ---pagebreak---  * ' ' .          .                  Annex II , page 3
                         ( Pages*' 3 et seq é of the "ECMT -                'j-
                         International Removals " licence).'                 ' -i
                                                                               ■ .■ i .
             ( Information relating to the first page pf the " ECMT t-\ •
            International Removals " licence to be given in Member: .
            countries' official languages when other than French ;
            and English )          '                                         :
            This " ECMT International Removals licence 11 authorises
its holder to carry out professional removals by road between
loading and unloading points in different Member countries of
the European Conference of Ministers of Transport using a single
vehicle or a tractor-trailer combination designed for removals .
The list of countries in which the ECMT licence is valid will
be found in footnote ( 1 ) on page 1 .               The holder of the licence
must be a removal contractor with special removal staff and
equipment ,                           ^             .
            Page 1 of the licence must give the following information
            - the licence number , consisting of the nationality ; .
       v        code of the country of registration of the vehicle
              - followed by a number in Arabic numeral^;                     !
  •         ~ at ( 2 ), the name or 'trade. nam©' and full address of
                the contractor j
            -. at ( 3 ) t the period of validity in Arabic numerals ;
            - in section A , the code letters of countries in which
                the licence is not valid for transit purposes,?'
            - in section B p the code letters of countries in which . ,
    -^      ^ the licence is not valid for transport between two
                countries other then the country of registration of .-.
         . ; the vehicle ( multilateral transport );
                at ( 5 ), the signature and stamp of the. Responsible
        . .     authority or organisation issuing the licence An the
                country of registration of the vehicle.