CELEX: 51978PC0479
Language: en
Date: 1978-09-28
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE ADJUSTMENT OF CAPACITY FOR THE CARRIAGE OF GOODS BY ROAD FOR HIRE OR REWARD BETWEEN MEMBER STATES

No C 247/6                              Official Journal of the European Communities                                              18.10. 78
                                                                   Article 2
             Annex A to Regulation (EEC) No 2710/77 is amended to read as follows:
                    CCT
                  heading                                          Description                                       Rate of duty
                    No
                   15.12          Animal or vegetable oil and fats, wholly or partly hydro-
                                  genated, or solidified or hardened by any other process,
                                   whether or not refined, but not further prepared:
                                  A. In immediate packings of a net capacity of 1 kg or less                            16%
                                  B. Other:
                                       I. Vegetable oils hardened by fractionation:
                                          a) For industrial uses other than the manufacture of
                                               foodstuffs for human consumption (a)                                    2-5 %
                                          b) Other                                                                      9%
                                      II. Other                                                                         11 %
             (a) Entry under this subheading is subject to conditions to be determined by the competent authorities.
                                                                   Article 3
              This Regulation shall enter into force on 1 January 1979.
              This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
              Proposal for a Council Regulation on the adjustment of capacity for the carriage of
                                   goods by road for hire or reward between Member States
                             (Submitted by the Commission to the Council on 5 October 1978)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                      regulated to a large degree by a system of bilateral
                                                                               agreements between the Member States concerned;
 Having regard to the Treaty establishing the
 European Economic Community, and in particular                               Whereas the decisions of the Member States in this
 Article 75 thereof,                                                          matter are prompted by economic and political
                                                                               considerations which are often divergent; whereas the
 Having regard to the proposal from the Commission,                            measures at present provided for in the bilateral
 Having regard to the opinion of the European                                  agreements range from complete liberalization to a
 Parliament,                                                                   stringent quota system; whereas these disparities can
                                                                               obstruct the functioning and development of the
 Having regard to the opinion of the Economic and                             common market unless they can be justified by the
 Social Committee,                                                             situation in the market under consideration;
 Whereas the carriage of goods by road for hire or                             Whereas, in order to facilitate the transition from the
 reward between Member States is at present                                    present system to an integrated common market in
 ---pagebreak--- 18.10. 78                          Official Journal of the European Communities                             No C 247/7
transport, the system of bilateral agreements should          — the trends observed in the demand for transport
initially be incorporated within the existing                      and the estimates of its behaviour in the short
provisions of the common transport policy;                         term,
Whereas account must be taken of the requirements             — the situation of the transport market concerned,
of the common market, and in particular of the                     especially as regards the use of existing transport
changing pattern of trade;                                         capacity and the level of transport rates actually
                                                                    charged, as against the published tariffs,
Whereas it is essential to eliminate the impediments
resulting from the restrictions imposed by certain            — the impact of the transport operations carried out
Member States in respect of transit over their                     between Member States under Community
territory;                                                         authorizations, or which, pursuant to measures
                                                                   decided upon at Community level, are not subject
Whereas it is essential to provide for Community                   to any system of authorization and/or quotas, or
arrangements in the event that the Member States                   which are carried out under an authorization
concerned do not arrive at an agreement on the                     issued within the ECMT multilateral quota.
adjustment of transport capacity;
                                                              3.     No charge shall be made in respect of routes for
Whereas it is essential to provide for the conclusion         which no bilateral quotas exist. However, the
of an agreement with third countries with a view to           Member States in question may, by agreement, after
the coherent regulation of all transport capacity,            having obtained the approval of the Commission and
                                                              if the market situation so warrants, temporarily
                                                              restrict the expansion of transport supply for such
HAS ADOPTED THIS REGULATION:
                                                              routes between the Member States.
                       Article 1
                                                                                       Article 3
The provisions of this Regulation shall apply from
1 January 1980 to the carriage of goods by road for           Transit over the territory of Member States in the
hire or reward between Member States, with the                course of a transport operation between Member
exception of transport operations which, pursuant to          States shall not be subject to any quantitative
measures decided upon at Community level, are not             restriction.
subject to any system of authorization and/or quotas,
or which are carried out under a Community
                                                              The authorizations issued for the performance of
authorization or under an authorization issued within
                                                              transport operations between Member States shall be
the multilateral quota established by the European
                                                              valid for the whole journey including transit over the
Conference of Transport Ministers (hereinafter called
                                                              territory of Member States.
ECTM multilateral quota).
For the purposes of this Regulation, bilateral quotas
are quotas which are reciprocally granted by Member                                    Article 4
States pursuant to agreements on the carriage of
goods by road.                                                1.      The Commission shall participate in a
                                                              consultative capacity in the negotiations referred to
                                                              in Article 2. It may make proposals to the Member
                       Article 2                              States concerned in the interests of reaching
                                                              agreement.
1.     Where bilateral quotas already exist for
particular routes they shall, by 30 September of each         For that purpose, the Member States shall transmit to
year, be adjusted, by negotiation between the                 the Commission the information required.
Member States concerned, to match transport
requirements, in particular as regards road transport         2.     If, in the circumstances referred to in Articfe 2
between those Member States. The quotas may be                 (1), it has been impossible to fix bilateral quotas by
 varied by category of transport.                             negotiation on or before 30 September, the
                                                              Commission shall, after consulting the Member
2.     For purposes of determining the transport              States, adopt a decision which shall be published in
requirements referred to in paragraph 1, account              the Official Journal of the European Communities.
shall be taken, among other things, of the
 information obtained from the market monitoring              The decision of the Commission shall become
system established by the Commission at Community             enforceable after a period of one month from the
level and, more especially, of the following                  date of its publication unless, during that period, a
information:                                                  Member State places the matter before the Council.
 ---pagebreak--- No C 247/8                            Official Journal of the European Communities          \                    m 10. 78
In that event, the Council, within three months from                                        Article 6
the date when the question is placed before it, shall
take a decision by qualified majority which shall be              The Council shall, on a proposal from the
published in the Official Journal of the European                 Commission and before 1 July 1979, adopt the
Communities.                                                      provisions necessary for the opening of negotiations
                                                                  with third countries for an agreement on the carriage
                                                                  of goods by road between Member States and third
                          Article 5
                                                                  countries and on the participation of carriers from
                                                                  the Member States in carriage between third
In the event of transport developments for which no               countries and vice versa.
allowance could be made during the annual
adjustment of bilateral quotas referred to in Article 2
or of a shortfall in the supply of transport, the
Member States may, to provide for duly established                                          Article 7
cases of emergency, authorize the issue, over and
above the quota, of special authorizations, stating the           This Regulation shall enter into force on 1 January
number and period of validity thereof and the                     1979.
categories of goods and routes for which they are
valid. They shall inform the Commission thereof,                  This Regulation shall be binding in its entirety and '
which shall report to the Council as soon as possible.            directly applicable in all Member States.
              Proposal for a Council Directive amending for the 14th time Directive 64/54/EEC on
               the approximation of the laws of the Member States concerning the preservatives
                             authorized for use in foodstuffs intended for human consumption
                            (Submitted by the Commission to the Council on 6 October 1978)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          76/629/EEC (3), provides for the temporary use of
                                                                  thiabendazole until 1 January 1979 at a maximum
 Having regard to the Treaty establishing the                      residue level of 6 mg/kg in the case of citrus fruit and
 European Economic Community, and in particular                    3 mg/kg in the case of bananas;
 Article 100 thereof,
                                                                   Whereas, on a toxicological basis, the use of
                                                                  thiabendazole on the surface of these fruits in
 Having regard to the proposal from the Commission,
                                                                  quantities leading to such residues in the whole fruit
                                                                   is acceptable;
 Having regard to the opinion of the European
 Parliament,                                                      Whereas experience in the use of thiabendazole has
                                                                   shown that the maintenance of these levels is
 Having regard to the opinion of the Economic and                  technologically justified;
 Social Committee,
                                                                   Whereas, therefore, it is now possible to take a final
                                                                   decision to authorize the use of thiabendazole
 Whereas Council Directive 64/54/EEC of 5 No-
                                                                   without prejudice to its possible inclusion in a
 vember 1963 on the approximation of the laws of                   subsequent Community system on the treatment of
 the Member States concerning the preservatives
                                                                   fruits and vegetables;                       |
 authorized for use in foodstuffs intended for human
 consumption (*), as last amended by Directive                     Whereas, therefore, the             mandatory labelling
 78/145/EEC (2), and in particular by Directive                    provision for citrus fruit sold by retail can be
                                                                   reintroduced,
 (*) OJ N o 12, 27. 1. 1964, p. 161/64.
 (*) OJ N o L 44, 15. 2. 1978, p. 23.                              (3) OJ N o L 223, 16. 8. 1976, p. 3.