CELEX: 31970R0293
Language: en
Date: 1970-02-16 00:00:00
Title: Regulation (EEC) No 293/70 of the Council of 16 February 1970 amending Article 5 of Regulation (EEC) No 1174/68 on the introduction of a system of bracket tariffs for the carriage of goods by road between Member States

90                                  Official Journal of the European Communities
20.2.70                             Official Journal of the European Communities                              No L 40/ 1
                               REGULATION (EEC) No 293/70 OF THE COUNCIL
                                                  of 16 February 1970
             amending Article 5 of Regulation (EEC) No 1174/68 on the introduction of a system
                    of bracket tariffs for the carriage of goods by road between Member States
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       competition in the case of special contracts at rates
                                                               below the lower limits of the relevant tariffs ;
Having . regard to the Treaty establishing the
European Economic Community, and in particular                 Whereas     there   is  therefore   no  reason   for   this
Article 75 thereof;                                            condition to apply in the case of such transport
                                                               operations as may properly be the subject of special
Having regard to the proposal from the Commission ;            contracts at rates in excess of the maximum tariff
Having regard to the Opinion of the European                   rates ; whereas in such cases care must be taken to
Parliament1                                                    prevent any abuse of a dominant position ;
Having regard to the Opinion of the Economic and
Social Committee2                                              HAS ADOPTED THIS REGULATION :
Whereas Article 5 ( 1 ) of Regulation (EEC) No
1174/683 provides that special contracts may be
                                                                                       Sole Article
concluded in writing at transport rates outside the
upper or lower limits of the relevant tariff brackets
only where circumstances exist which were not taken            The following shall be substituted for the second
into account at the time when the tariffs were fixed,          subparagraph of Article 5 ( 1 ) of Regulation (EEC)
and the tonnage to be carried under any such                   No 1174/68 :
contract within any three-month period is not less
than 500 metric tons ;                                             'The    conclusion    of such contracts      shall   be
                                                                   allowed subject to the following conditions :
Whereas, because of the practical limitations on the
extent to which tariffs can be diversified, it is not              (a) circumstances must exist which were not
possible when fixing tariffs to take into account all                   taken into account at the time when the
the circumstances likely to arise in road transport;                    tariffs were fixed, as, in particular, where
whereas it may therefore happen that in the case of                     a special contract relates to transport
certain relatively specialised types of transport                       operations having special technical features or
operation, other than those exempted from the                           where the contract is made in response to the
application of Regulation (EEC) No 1174/68 by                           requirements of competition or where it is
virtue of Article 16, a situation arises in which rates                 entered into for a certain period; and
within the upper limit of the relevant tariff would not
cover the costs of carriage, while the tonnage                     (b) (i) where the special contract provides for
involved would be insufficient to allow of the
                                                                             transport rates above the upper limit of
conclusion of a special contract at rates above that                         the relevant tariff bracket, such contract
limit;
                                                                             must relate to transport operations the
                                                                             technical features of which entail costs
Whereas the condition as to tonnage above referred                           significantly higher than the average costs
to was laid down solely in order to avoid damaging                           within the meaning of Article 3 (1 ) on
                                                                             which the relevant tariff is based, as, in
                                                                             particular, where :
1 OJ No C 160, 18.12.1969, p . 5.
2 OJ No C 144, 8.11.1969, p. 11.                                             — the goods require special handling
3 OJ No L 194, 6.8.1968, p. 1 .                                                  during transit;
 ---pagebreak---                        Official Journal of the European Communities                                   91
   the vehicle has to be fitted with                          — the goods are of a dangerous or
   special equipment;                                             offensive nature;
                                                              — the goods are such that they must be
   a special vehicle fitted with permanent                        delivered in a single large load or are
   special equipment has to be used ;                             of abnormal dimensions ; or
   carriage has to be effected at a speed                (ii) where the special contract provides for
   significantly slower than normal                           transport rates below the lower limit of
   traffic speed;                                             the relevant tariff bracket, the tonnage to
                                                              be carried under any such contract within
   the consignor requires particularly                        any three-month period must be not less
   rapid delivery of the goods ;                              than 500 metric tons .'
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels, 16 February 1970.
                                                                       For the Council
                                                                         The President
                                                                          Ch. HÉGER