CELEX: 51992PC0230(02)
Language: en
Date: 1992-06-11
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 75/130/EEC on the establishment of common rules for certain types of combined carriage of goods between Member States

No C 282 / 8                          Official Journal of the European Communities                                   30 . 10 . 92
                                                             II
                                                     (Preparatory Acts)
                                                COMMISSION
              Proposal for a Council Directive amending Directive 75/130/EEC on the establishment of
                 common rules for certain types of combined carriage of goods between Member States
                                                       (92 /C 282 /03)
                                                     COM(92) 230 final
                                      (Submitted by the Commission on 2 July 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas this measure should not entail any discrimi­
                                                                  nation or different treatment as compared with other
                                                                  modes ; whereas the limit on the road transport leg of a
Having regard to the Treaty establishing the European             combined road/sea journey should therefore be akin to
Economic Community, and in particular Article 75 and              that already applying to the road transport leg of a
Article 84 ( 2) thereof,                                          combined road/inland waterway journey ;
Having regard to the proposal from the Commission,
                                                                  Whereas Directive 75 / 130 / EEC should therefore be
                                                                  amended ,
Having regard to the opinion of the European
Parliament,
                                                                  HAS ADOPTED THIS DIRECTIVE :
Having regard to the opinion of the Economic and
Social Committee,
                                                                                              Article 1
Whereas the application of Council Directive
75/ 130/EEC (x), as last amended by Directive
91 /224/EEC (2), has produced positive results ;                  Directive 75 / 130 /EEC is hereby amended as follows :
Whereas the increasing problems relating to road
                                                                    1 . Article 1 is replaced by the following :
congestion, the environment and road safety call, in the
public interest, for the further development of combined
transport as an alternative to road transport ;
                                                                        Article 1
Whereas the volume of traffic will swell in the aftermath
of the completion of the internal market; whereas the
Community must do what is necessary to ensure                           — "combined transport" means the transport of
optimum management of its transport resources in the                        goods between Member States where the tractor
interest of all citizens ;                                                  unit, lorry, trailer, semi-trailer with or without
                                                                            tractor, swap body or container (of 20 feet or
                                                                            more), use the road on one leg of the journey
Whereas sea transport is a key asset for any                                and rail or inland waterway or maritime services
Community-wide inter-modal transport policy in that it                      on the other leg, or use the railways on one leg
has a role to play in achieving the Community's                             and inland waterway or maritime services on the
objectives in the field of combined transport ;                             other,
                                                                        — "swap body" means an enclosed load-bearing
O OJ No L 48 , 22 . 2. 1975 , p. 31 .                                       container that can be transported by road or rail
O OJ No L 103, 23 . 4. 1991 , p. 1 .                                        and lifted from below.';
 ---pagebreak--- 30 . 10 . 92                              Official Journal of the European Communities                               No C 282 / 9
 2 . Article 2 becomes Article 3 ;                                        2. Member States may authorize the inspection
                                                                          authorities to require the rail, inland waterway or
 3 . the following new Article 2 is inserted :                            sea transport document to be produced on
                                                                          completion of the rail, inland waterway or sea leg of
        'Article 2                                                        the combined transport journey.';
     This Directive shall apply to the types of combined
     transport defined in Article 1 where the initial or             6 . Article 5 becomes Article 6 ;
     final road haulage leg of the journey takes place :
     — between the point where the goods loaded and
            the nearest suitable rail loading station for the        7 . Article 6 becomes Article 7 ;
            initial leg, and between the point where the
            goods are unloaded and the nearest suitable rail
            unloading station for the final leg, or                  8 . Article 7 ( 1 ) becomes Article 8 ( 1 );
     — within a radius not exceeding 150 km, as the
            crow flies, from the inland waterway port of
            loading or unloading, or                                 9. Article 7 (2) becomes Article 8 (2) and is replaced by
                                                                         the following :
     — within a radius not esceeding 150 km, as the
            crow flies , from the sea port of loading or
            unloading.';                                                 '2 .    In drawing up the report referred to in the first
                                                                         paragraph, the Commission shall be assisted by
 4 . Article 3 becomes Article 4 and is replaced by the                  Member States' representatives in gathering the data
     following :                                                         required for that purpose.
       'Article 4
                                                                         The report shall analyse information and data
     In the case of combined transport for hire or reward,               relating in particular to :
     a transport document which fulfils at least the
     requirements laid down in Article 6 of Council
     Regulation No 11 (') shall also specify the rail                    — trade effected by combined transport,
     loading and unloading stations relating to the rail
     leg, or the inland waterway loading and unloading
     ports relating to the inland waterway leg, or the                   — the number of vehicles, swap bodies and
     maritime loading and unloading ports relating to the                      containers transported along the different routes,
     maritime section of the journey. These details shall
     be recorded before the transport operation is carried
     out and shall be confirmed by means of a stamp                      — the tonnages transported,
     affixed by the rail or port authorities in the stations
     or inland waterway or sea ports concerned when
     that part of the journey carried out by rail or inland              — the services provided in tonnes per kilometre .
     waterway or by sea has been completed.
     (') OJ No 52 , 16 . 8 . 1960 , p. 1121 /60 .';                      Where appropriate this report shall propose solutions
                                                                         which will help to improve this information and
 5 . Article 4 becomes Article 5 and is replaced by the                  enhance the situation of combined transport.' ;
     following :
      'Article 5                                                    10. Article 8 becomes Article 9 ;
     1 . When a frontier is crossed on the road journey
     before the rail journey or before the inland
     waterway journey or before the sea journey,                    11 . The following indent is added to the new Article 9
                                                                           3 :
     Member States may require the operator to furnish
     an appropriate document proving that a reservation
     has been made for the transport by ail of the tractor
     unit, lorry, trailer, semi-trailer, swap body or                    '— Spain — [licencia fiscal]
     container (of 20 feet or more) and for the transport
     by inland waterway or by sea of the tractor unit,
     lorry, trailer, semi-trailer or container (of 20 feet or                         — Impuesto      vehículos    —     tracción
     more).                                                                               mecánica' ;
 ---pagebreak--- No C 282 / 10                            Official Journal of the European Communities                                30 . 10 . 92
12 . Article 9 becomes Article 10 and is replaced by the                                      Article 2
     following :
                                                                     1 . Member States shall bring into force the laws,
                                                                     regulations and administrative provisions necessary to
      !'Article 10                                                   comply with this Directive by 1 January 1993 . They shall
                                                                     immediately inform the Commission thereof.
     Where a trailer or semi-trailer belonging to an                 When Member States adopt these provisions, these shall
     undertaking engaged in own-account combined                     contain a reference to this Directive or shall be accom­
     transport is hauled on a final leg by a tractor                 panied by such reference at the time of their official
     belonging to an undertaking engaged in transport                publication. The procedure for such reference shall be
     for hire or reward, the transport operation so                  adopted by Member States .
     effected shall be exempt from presentation of the
     document provided for in Article 4, but another                 2.    Member      States  shall    communicate    to     the
     document shall be provided giving evidence of the               Commission the main provisions of domestic law which
     journey covered by rail or by inland waterway or by             they adopt in the field covered by this Directive .
     sea .';
                                                                                              Article 3
13 . The former Article 10 is deleted .                              This Directive is addressed to the Member States .
                 Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1107/70 on the
                               granting of aids for transport by rail, road and inland waterway
                                                          (92 /C 282 /04)
                                                       COM(92) 230 final
                                         (Submitted by the Commission on 2 July 1992)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             moveable facilities necessary for transshipment or to the
                                                                     running costs of an intra-Community combined
                                                                     transport service in transit across the territory of
Having regard to the Treaty establishing the European                non-member countries ;
Economic Community, and in particular Article 75
thereof,
                                                                     Whereas the evolution of combined transport shows that
                                                                     for the Community as a whole the starting-up phase of
Having regard to the proposal from the Commission,                   this technology has not been completed yet, and whereas
                                                                     the aid arrangements should therefore be maintained for
                                                                     a further period ;
Having regard to the opinion of the European
Parliament,
                                                                     Whereas the possibility of granting such aid for the
Having regard to the opinion of the Economic and                     operating costs of combined transport services crossing
Social Committee ,                                                   the territory of a non-member country is only warranted
                                                                     in the case of Austria, the Republics of the former
                                                                     Yugoslavia, and Switzerland ;
Whereas Council Regulation (EEC) No 1107/70 0, as
last amended by Regulation (EEC) No 1100/ 89 (2),
provides that Member States may promote the devel­                   Whereas the need to achieve economic and social
opment of combined transport by granting aid relating to             cohesion in the Community rapidly entails putting the
investment in infrastructure and in the fixed and                    emphasis on investment in rail and road facilities specific
                                                                     to combined transport, in particular where they present
C) OJ No L 130, 15 . 6. 1970 , p. 1 .                                an alternative to infrastructure work that cannot be
O OJ No L 116 , 28 . 4 . 1989 , p . 24 .                             completed in the short term ;