CELEX: 51992PC0283
Language: en
Date: 1992-06-19
Title: Amendment to the proposal for a COUNCIL REGULATION (EEC) laying down the definitive system under which non-resident carriers may operate domestic road haulage services with a Member State

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(92) 283 final
                                                 Brussels, 19 June 1992
                           Amendment to the proposal for a
                               COUNCIL REGULATION (EEC)
             laying down the definitive system under which non-resident
                      carriers may operate domestic road haulage
                             services with a Member State
               (presented by the Commission pursuant to Article 149(3)
                                  of the EEC Treaty)
Sa*5^'-'l*
 ---pagebreak---                                                              I
                         Explanatorv Memorandum
1.  On 22 November 1991 the Commission presented to the Counc i I a
    proposa I for a Counci I Reguiation laying down the definitive
    system under which non-resident carriers may operate domestic
    road haulage services within a Member State^1^. The aim of the
    proposal is to introduce free cabotage in road haulage from
    1.1.93, in accordance with the article 75 (1)(b) and the
    achievement of the Internal Market.
2.  The Economic and Social Committee gave its opinion on 29 Apr i I
    1992.
3.  The European Parliament approved the Commission proposal at its
    plenary session on 15 May 1992, subject to various amendments,
    the tenor of which is that cabotage should be subject to quotas
    unti I 1999. The Commission opposes th'is deferral of the
    introduction of full free cabotage in view of the obligation to
    introduce the freedom to provide services by 1.1.93 at the latest
    and the fact that there has already been a transitional period
    with cabotage subject to quantitative limits by virtue of
    Reguiation (EEC) no. 4059/89 laying down the conditions under
    which non-resident carriers may operate national road haulage
    services within a Member State^2^.
    Therefore, the Commission has refused all the amendments providing
    for a further transitional period for cabotage but has accepted four
    other amendments, which are indicated in the annexed text.
(1)       O.J. No. C317 of 7.12.91, p. 10
(2)       O.J. No. L390 of 30.12.89. p. 3
 ---pagebreak---                                                                                                     2
                     . , ^          . -                    ,        Amendment to the proposal for a
            Initial Commission                  proposal
                                                                         rr^NCn  RE^HI ATION (EEC)
            Proposal          for a CounciI           Regulation
            (EEC)       laying down            the  definitive
            system under              which     non-resident
            carriers may operatè                   domestic
            road haulage              services with a
            Member        State.
                                                          Sixth recital
            Whereas          the provisions of the                  Whereas   the provisions of the
             host Member            State applicable           to   host Member   State   applicable
             cabotage services should                     be        to cabotage services     should
             fixed except              where Community              be fixed except    where  Community
             legislation            applies, so as to               legislation   applies;
             take      into account            the temporary
             nature of the services
             provided         and the need to
             ensure        fair      competition         between
             Community           carriers;
                                                         -Article 5
N o t w i t h s t a n d i n q t h e p r o v i s i o n s of        Deleted
A r t i c l e 4. between 1 J a n u a r y 1993 and
31 December 1995 and where c a b o t a g e
operations               a m o u n t ... _to_..5j of      its
national               trar.spc- i t         operations
c a l c u l a t e d in t o n n e - k i l o m e t r e s ,    a
h o s t Member S t a t e mav r e g u i r e p r i o r
n o t i f i c a t i o n of c a b o t a g e o p e r a t i o n s
and may linit__s_uçh ocerations                       t o 5%
of       its        nationai           .oad     transport
o p e r a t i o n s _ç_a J c \ \ l t X*& i n        tonne-
k i l o m e t r e s in 1993. t o •>*, J.P. 1994 and
t o 7% i n 1995. sub ; e c t t o a p p r o v a l
beinq q i v e n by tiv-- ?-v-r>nission w i t h i n
 15 days of r e c e i p t .of t h e a p p l i c a t i o n
by t h e S t a t e c o n c e n . g ô ._
 ---pagebreak---                                                                                                                                          V
carriers              must send            the pr ior
notification               via the           competent
a u t h o r i t i e s of t h e Member S t a t e Q£
establishment                 to the         competent
a u t h o r i t i e s of t h e h o s t Member S t a t e .
                                                A r t i c l e 6 ( 2 ) and (3)
 2. Any i n f r i n g e m e n t s committed by a                       2. Any i n f r i n g e m e n t s committed by a
non-resident c a r r i e r s h a l l , without                         non-resident c a r r i e r s h a l l , without
 p r e j u d i c e t o any c r i m i n a l p r o c e e d i n g s       p r e j u d i c e t o any c r i m i n a l p r o c e e d i n g s
 t o which they expose t h a t c a r r i e r i n                       t o which they expose t h a t c a r r i e r in
 the          host       Member           State,             be        the          host        Member             State,             be
 communicated                to the          competent                 communicated                 to the              competent
 a u t h o r i t i e s of t h e c a r r i e r ' s Member               a u t h o r i t i e s of t h e c a r r i e r ' s Member
 S t a t e of e s t a b l i s h m e n t .                              S t a t e of e s t a b l i s h m e n t .
 The c o m p e t e n t a u t h o r i t i e s           shall           The c o m p e t e n t a u t h o r i t i e s              shall
 communicate t o one a n o t h e r                          all        communicate t o one a n o t h e r                             all
 i n f o r m a t i o n i n t h e i r p o s s e s s i o n on             i n f o r m a t i o n i n t h e i r p o s s e s s i o n on
 t h e p e n a l t i e s imposed in r e s p e c t of                    t h e p e n a l t i e s imposed in r e s p e c t of
 such i n f r i n g e m e n t s .                                       such i n f r i n g e m e n t s .
                                                                        i f a f a l s i f i e d c a b o t a g e a u t h o r i z a t :ion
                                                                        i s s u b m i t t e d . a u t h o r i z a t i o n s h a l l be
                                                                        withdrawn f o r t h w i t h and t h e f a l s i f lied
                                                                        authorization                 forwarded t o t h e
                                                                        a p p r o p r i a t e a u t h o r i tt i e s o f            the
                                                                        carrier's                Member                St a t e       of
                                                                        establishment
   3. The competent authorities of the                                   3. The competent authorities of the
  host Member State may, in the event                                   host Member State may, in the event
  of serious or repeated infringements,                                  of serious or repeated infringements,
  ask the competent authorities of the                                   ask the competent authorities of the
  Member State of establishment to                                       Member State of establishment to
   irapose penalties.                                                    irapose penalties.
   Those penalties               may      in  particular                 Those penalties                may       in     particular
   consist of:                                                           consist of :
         a warning,                                                       - a warning,
                                                                          - a temporarv o r oermanent ban on the
                                                                              nnflertaking' s a c c e s s                   to       the
                                                                              national transoort servires of the
                                                                              host Member State.
 ---pagebreak--- a temporary or permanent ban
on operatinq national trans-
port services within the host
Member State;           this ban will
be noted in the Community
authorization laid down in                          These bans shall be noted                      in the
Article 3 of Regulation                             in the Community                authorization
(EEC) ... (Doc. C0M(91) 294                         laid down          in Article 3 of Counci
presented to the Council on                         Regulation           (EEC) no. 881/92 on
27 August 1991.                                     access to the market                  for the
                                                    carriage of g o o d s by r o a d w i t h i n
                                                    the Community to or f r o m t h e
                                                    the ter r itory of a M e m b e r S t a t e
                                                    or p a s s i n g     a c r o s s the   ter r i tor y
                                                    of o n e or        m o re Member       S t a t es ;
a w i t h d r a w a l of t h e C o m m u n i t y           a withdrawal            of the C o m m u n i t y
a u t h o r i zat ion.                                     author i zat ion.
                                                 A r t i c l e 8a (new)
                                                 Tne Commission ^ h a l l draw up a List
                                                 by Member S t a t e of s o e c i f i ç t r a n s o o r t
                                                 provisions, other                   thah    Community
                                                 p r o v i s i o n s . w i t h which t r a n s p o r t e r s
                                                 a r e recruired t o comply p u r s u a n t — t o
                                                 Article              3M)(a)-(d)             oJ      ULLS.
                                                  Regulation.
                                                  The Member S t a t e s s h a l l o r o v i d e a l l
                                                  information r e l e v a n t to compiling
                                                  that l i s t .       Copies of t h p l i s t s h a l l
                                                  he p r o v i d e d bv t h e Commission—ajt
                                                  reasonable c o s t .
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                                                   4
                                                              COM(92) 283 final
                                                      DOCUMENTS
EN                                                                              07
                                 Catalogue number: CB-CO-92-293-EN-C
                                                             ISBN 92-77-45755-4
Office for Official Publications of the European Communities
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