CELEX: 51975PC0490(08)
Language: en
Date: 1975-10-01
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) CONCERNING A SYSTEM FOR MONITORING THE MARKETS FOR THE CARRIAGE OF GOODS BY RAIL, ROAD AND INLAND WATERWAYS BETWEEN THE MEMBER STATES

5.1.76                            Official Journal of the European Communities                               No C 1/37
                        Article 6                                                      Article 7
                                                                Within the time limit laid down in Article 8,
1.     As concerns activities not included under                Member States shall designate the authorities and
Article 5 of this Directive, or activities subject to the       bodies competent to issue the type of document
possession of general, commercial or occupational               referred to in Article 3 and the certificate referred to
skills in a Member State, that Member State shall               in Article 5 (2) and in Article 6 (1) of this Directive.
acknowledge an attestation of the effective carrying            They shall immediately inform the other Member
out of the activity in another Member State for a               States and the Commission.
period of three years, either as an independent
operator or as manager of an undertaking, on
condition that this activity did not cease more than                                   Article 8
two years prior to submission of the application.
                                                                1.    Member States shall adopt the measures
2.     Any person who has carried out the activities            necessary to comply with this Directive before
listed below in an undertaking in the relevant type of          1 January 1978 and shall immediately inform the
business shall be considered as having carried out the          Commission.
activities of a manager of an undertaking in the
                                                                2.    Member States shall communicate to the
sense of paragraph one above:
                                                                Commission the text of the main provisions of
                                                                national law which they adopt in the field covered
(a) company or branch manager;                                  by this Directive.
(b) deputy to an operator or company manager,
     where this position implies responsibility                                        Article 9
     corresponding to that of the operator or
     company manager represented.                               This Directive is addressed to the Member States.
                                           Proposals for Council Regulations
                I. concerning the fixing of rates for international goods transport by rail within the
                   Community
               II. a system of reference tariffs for the carriage of goods by road between Member
                   States
              III. concerning a system for observing the markets for the carriage of goods by rail,
                   road and inland waterways between the Member States
                        (Submitted by the Commission      to the Council on 10 October 1975)
                                                            I
             Proposal for a Council Regulation concerning the fixing of rates for international goods
                                      transport by rail within the Community
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                        Having regard to the Opinion of the European
                                                                Parliament,
Having regard to the Treaty establishing the
European Economic Community, and in particular
Article 75 thereof,
                                                                Having regard to the Opinion of the Economic and
Having regard to the proposal from the Commission,              Social Committee,
 ---pagebreak--- N o C 1/38                          Official Journal of the European Communities                                  5 . 1 . 76
Whereas the organization of the freight transport             railways and, on the other hand, to increase the
market has to be conceived on the basis of a market           attractiveness of the railways' services to the
economy in order to ensure the optimum allocation             customer;
of resources; whereas this conception extends, in
particular, to the system of rates and conditions of
transport which form an important element of the              Whereas the movement of transport rates towards
common transport policy required by the Treaty;               market economy rules only allows tariffs to be of a
                                                              reference nature as the rates are fixed freely between
                                                              railway undertakings and their customers;
Whereas, in consequence, the fixing of rates and
conditions of transport should be freely done by the          Whereas, within the framework of such an
transport undertakings themselves and not by the              organization the initiative for drawing up such
authorities imposing compulsory tariffs;                      through tariffs in line with the market situation and
                                                              their own interests should belong only to the railway
                                                              undertakings;
Whereas this concept has to be reached in stages
beginning with the present situation and, in the first
place, with international goods transport;                    Whereas,     nevertheless,    in     cases   where         the
                                                              negotiations between railway undertakings for the
                                                              setting up or alteration of through tariffs may come
Whereas the achievement of this concept in the                up against difficulties, it will be necessary to
railway sector depends upon the principles of the             establish a Community arbitration procedure;
commercial management of international traffic in
the undertakings;                                             Whereas, in order to ensure that national and
                                                              Community       provisions       are     respected,        the
                                                              Commission and Member States should be able to
Whereas, as a result, the railway administrations             obtain information on the actual freight rates
must achieve a balance between receipts and costs             practised,
for corresponding services; this obligation does not
exclude     the     possibility    of    medium     term
cross-subsidization within the sector;
                                                              HAS ADOPTED THIS REGULATION:
Whereas the conversion of international railway
tariffs towards a free market situation should allow                                 Article 1
a more flexible adaptation by the undertakings
concerned both of rates to costs and to the market            This Regulation applies to international freight
situation and that because of this, the intervention of       transport undertaken by the following railway
the public authorities in the drawing up of transport         administrations:
rates should be ended subject to the proviso that
Member States may impose compulsory tariffs in                — Societe Nationale des Chemins de fer Beiges
conformity with Regulation (EEC) N o 1191/69 of                   (SNCB)/Nationale Maatschappij der Belgische
26 June 1969;                                                     Spoorwegen (NMBS),
                                                              — Danske Statsbaner (DSB),
Whereas, henceforth, it will be necessary to modify
the national legislative or administrative procedures         — Deutsche Bundesbahn (DB),
which still involve the interference of public
authorities in the tariff policy of the railways;             — Societe Nationale des Chemins de fer Franfais
                                                                  (SNCF),
Whereas the range of measures envisaged is likely to          — Coras Iompair Eireann (CIE),
contribute, within the framework established by
Article 9 (1) of the Council Decision of 20 May 1975,         — Azienda autonoma delle ferrovie dello Stato (FS),
to the improvement of the railways' financial                 — Societe     Nationale      des     Chemins      de        fer
position in a sector of activity to which, owing to its           Luxembourgeois (CFL),
characteristics,     commercial        management      is
particularly suitable;                                        — Naamloze Vennotschap Nederlandse Spoorwegen
                                                                  (NS),
Whereas the drawing-up of through tariffs for goods           — British Railways Board (BRB),
transport between Member States is likely on the one
hand to strengthen the competitive position of the            — Northern Ireland Railways Company Ltd (NIR).
 ---pagebreak--- 5.1.76                            Official Journal of the European Communities                           No C 1/39
                        Article 2                                                   Article 5
1.    The railway undertakings will themselves              The through reference tariffs constitute an indicator
establish tariffs and conditions for international          for determining transport rates that the railways and
freight transport taking into account their                 users are free to use according to the market
obligations under the EEC and ECSC Treaties.                situation and their own interests.
2.    In conformity with the objectives set out in the                              Article 6
provisions of Article 9 (1) of the Council Decision of
20 May 1975 (1), the railways must ensure that              The through tariffs can be established,    modified or
receipts for international freight transport are equal      withdrawn by negotiations between          the railway
to the corresponding costs.                                 undertakings. These undertakings will       provide for
                                                            the publication of these measures in        their tariff
                                                            bulletins.
3.    The provisions of this Article do not affect the
right of Member States to impose compulsory tariffs
in accordance with Council Regulation (EEC) No                                      Article 7
1191/69 of the 26 June 1969 (2).
                                                             1.    If the negotiations referred to in Article 6 do
4.    When supplying the information provided for           not lead to an agreement, any of the railway
in Article 8 of the Council Decision of 20 May 1975,        undertakings concerned can submit the problem to
the railways will also supply States with detailed          the Commission.
information on the obligation provided for in
paragraph 2.                                                2.     Within a month from receipt of the
                                                            communication referred to in paragraph 1, the
                                                            Commission will take a decision on the tariffs in
                        Article 3                           question. This will be done after consultation with
                                                            the advisory committee provided for in Article 6 (la)
                                                             of Council Regulation (EEC) No . . . (3).
The governments of the Member States will take all
the steps necessary to remove from their national           The decision will be notified to the railway
legislation any provisions which are incompatible           administrations concerned, to Member States and to
with commercial management of international freight         the public through the Official Journal of the
transport by rail and especially those provisions           European Communities.
referring to a priori or a posteriori approval of rates
and conditions of transport by the governing                3.     The decision of the Commission becomes
authorities.                                                binding within one month of its publication unless,
                                                            in the meantime, a Member State has raised the
                                                            question in Council. In the latter case the Council
                        Article 4                           shall, within' one month, take a decision by a
                                                            qualified majority and publish it in the Official
                                                            journal of the European Communities.
1.    The transport of goods between Member States
shall be controlled by a system of through reference
tariffs which take account of the needs of the markets                              Article 8
concerned and the interests of the railway
undertakings.                                               1.     The railway administrations are required to
                                                            provide the Commission and the competent
2.     Through tariffs are established for freight          authorities in the Member States, if so required, all
consignments on the basis of a single transport             information concerning the rates and conditions
contract which conforms with the provision of the           established for the transport of freight between
international convention concerning the transport of        Member States.
freight by rail (CIM) on the lines figuring in the list
given in Article 59 of that Convention.                     2.    The Commission will establish, as and when
                                                            needed, a standard outline for the submission of this
                                                            information.
3.    Through tariffs are established either, on the
basis of general tariffs, or, on the basis of special       3.     The information obtained when this Regulation
tariffs. They may be differentiated according to any        is applied is covered by professional secrecy.
of the criteria which contribute to their reference
function.                                                   (3) Regulation of the Council concerning a system for
                                                                observing the market for the carriage of goods by
C1) OJ No L 152, 12. 6. 1975, p. 3.                             rail, road and inland waterway between the Member
(2) OJ No L 156, 28. 6. 1969, p. 1.                             States.
 ---pagebreak--- No C 1 / 4 0                       Official Journal of the European Communities                                5.1. 76
                       Article 9                             and administrative provisions necessary for           the
                                                             implementation of this Regulation.
For the purpose of applying this Regulation,
Member States will provide each other, as well as the
 Commission, with mutual assistance.                                                 Article 11
                    . Article 10                             This Regulation enters into force on 1 January 1978.
In due course and after consultation with the                This Regulation is binding in its entirety and directly
 Commission, the Member States shall adopt the legal         applicable in every Member State.
                                                          II
              Proposal for a Council Regulation on a system of reference tariffs for the carriage of
                                       goods by road between Member States
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                     instance, only to goods traffic by road between
                                                             Member States;
Having regard to the Treaty setting up the European          Whereas the transfer from a compulsory tariff
Economic Community and particularly Article 75               system for road transport between Member States
therein,                                                     towards a system of free-rate fixing should be
                                                             carried out via the setting up of a system of reference
Having regard to the proposal of the Commission,             tariffs;
Having regard to the Opinion of the European                 Whereas in view of their role in the management of
Parliament,                                                  transport undertakings, reference tariffs ought to
                                                             take account of the costs of the relevant transport
Having regard to the Opinion of the Economic and             services;
Social Committee,
                                                             Whereas reference tariffs have only an indicative
                                                             value, the establishment of draft tariffs can be left to
Whereas the organization of the goods transport
                                                             the initiative of the economic interests concerned;
market ought to be conceived in accordance with the
laws of the market economy in order to ensure the
optimum allocation of resources;                             Whereas, nevertheless, in order to maintain a balance
                                                             between the need to protect the public interest and
                                                             the need to confer the responsibility for establishing
Whereas this conception also applies to the field of         tariffs on the relevant economic interests, the draft
transport rates and conditions which constitute an           reference tariffs should be submitted to the
important element in the common transport policy,            Commission for confirmation, with the reservation
the application of which is prescribed by the Treaty;        that there is the possibility of appeal to the Council;
Whereas, therefore, the fixing of transport rates and        Whereas in order to ensure that the procedures
conditions ought only to be the responsibility of            conform to those of the Community, the
transport undertakings themselves and no longer the          Commission and the Member States must be able to
responsibility   of public       authorities   imposing      obtain information concerning the transport rates
compulsory tariffs;                                          actually applied;
Whereas in order to avoid too abrupt a change from           Whereas, for a transitional period, it is appropriate
the present system of rates and conditions of                to convert the compulsory tariffs in force on
transport, it would seem appropriate to achieve this         31 December 1976 into reference tariffs; that for
conception progressively and to apply it, in the first       traffic routes where such compulsory tariffs are not
 ---pagebreak--- 5.1. 76                             Official Journal of the European Communities                           No C 1/41
applicable on that date it is necessary to give the           including commercial costs, and to allow a fair profit
relevant trade organizations time to establish such           for a properly managed and rationally operated
reference tariffs;                                             undertaking engaged in the carriage of goods by
                                                              road.
Whereas, for both economic and practical reasons
certain types of transport would be exempt from any
system of tariffs,                                                                     Article 5
                                                               1.    The reference tariffs shall be established by
 HAS ADOPTED THIS REGULATION:                                  joint agreement among the associations of carriers of
                                                              goods by road in the Member States concerned, as a
                                                              result of bilateral or multilateral negotiations. The
                        Article 1                             organizations representing transport users and
                                                              providers of services ancillary to transport as well as
 This Regulation shall apply to the carriage of               trade unions shall be associated with these
goods for hire or reward by road between the                  negotiations.
Member States of the European Communities
including those goods covered by the Treaty                   2.     The road transport trade organizations shall
establishing the European Coal and Steel Community            send the draft tariffs to the Commission and the
whether or not, for part of the journey,                      Member States concerned.
— carriage involves a transit journey through a non-          3.     The Member States shall designate            the
    member country,                                           organizations referred to in paragraphs 1 and 2.
— the vehicle containing the goods is carried
    without break of load by sea, rail or waterway.
                                                                                       Article 6
                                                              1.     The reference tariffs shall be confirmed under
                        Article 2                             the conditions set out in the procedures hereafter.
1.    The transport operations referred to in Article         2.     Within one month from the date of receipt of
1 shall be subject to a system of reference tariffs.          the draft reference tariffs, the Commission shall take
                                                              a decision on the confirmation of these draft tariffs,
2.    The reference tariffs shall constitute an               after consulting the committee referred to in Article
indication for determining transport rates, which the         6 (1) (a) of Council Regulation (EEC) No. . . . (').
users arid the transport undertakings shall be free to        This decision shall be published in the Official
fix at their discretion according to the market               Journal of the European Communities.
situation and their own interests.
                                                              3.     The decision of the Commission shall become
                                                              binding from one month from the date of publication
                        Article 3                             unless, meanwhile, a Member State raises the
                                                              question in Council. In this case, the Council shall
1.    The system of reference tariffs shall include           take a decision by qualified majority within one
bilateral and multilateral tariffs.                           month and publish the decision in the Official
                                                              Journal of the European Communities.
2.    The reference tariffs shall be established either
in the form of general tariffs or in the form of              4.     As soon as the decision Confirming the draft
special tariffs. They can be differentiated under any         becomes binding, the governments of the relevant
of the criteria which contribute to their function as         Member States will ensure publication of the
reference tariffs.                                            confirmed tariffs.
3.    The tariffs shall incorporate price schedules and
all the other rules required for calculating the                                      Article 7
transport rate (transport rate proper and associated
costs).                                                       1.     The procedure set out in Articles 5 and 6
                                                              applies equally to modifications of the reference
                                                              tariffs.
                        Article 4
                                                              (') Regulation of the Council concerning a system of
The reference tariffs shall be so established in such a           observing the markets for the carriage of goods by
way as to lead to the application of transport rates              rail, road and inland waterway between the Member
which cover the costs of the corresponding services               States,
 ---pagebreak--- N o C 1/42                        Official Journal of the European Communities                              5. 1. 76
2.    However, the procedure referred to in                 defined in this Regulation, the compulsory bracket
paragraph 1 does not apply to non-essential                 tariffs applicable to goods transport by road between
modifications which shall be published in the tariff        Member States in force on 31 December 1976 under
bulletin of the transport trade organizations, after         Regulation (EEC) N o 1174/68 (2), last modified by
consultation with organizations representing users,         Regulation (EEC) No. . . . , shall be converted, as
providers of services ancillary to transport and the        from 1 January 1977 into reference tariffs within the
transport workers' unions.                                  meaning of this Regulation. As from that date, the
                                                            upper limits of these tariffs shall constitute the
The terms and conditions of the simplified procedure        schedules of rates within the meaning of Article 3 (3).
shall be drawn up by the Commission, within six
months from the date of application of this                  2.     For those goods transport traffic by road for
Regulation, after consultation with the advisory            which no compulsory bracket tariffs have been
committees provided for in Article 6 (1) (a) and (b)        drawn up under the terms of Regulation (EEC) N o
of Council Regulation (EEC) No. . . . (1).                   1174/68, the reference tariffs shall be published by
                                                            31 December 1977 at the latest. T o this end the
                                                             negotiations referred to in Article 5 shall start,
                        Article 8                            without delay, as soon as this Regulation enters into
                                                             force. In the event of lack of agreement before
If the negotiations, either for drawing up or               30 September 1977, the Commission shall be informed
modifying the reference tariffs, cannot end in               of the disagreements under the conditions set out
agreement, the interested organizations shall inform        under Article 8.
the Commission of the disagreement. In this case, the
decision concerning the difficulty shall be drawn up
following a procedure similar to that referred to in                                  Article 12
Article 6.
                                                             1.     In due course, and after consultation with the
                        Article 9                            Commission, the Member States shall adopt the legal
                                                             and administrative provisions necessary for the
1.     The transport undertakings shall be required to       implementation of this Regulation.
communicate to the Commission and to the
appropriate authorities of the Member States, upon           2.     At the request of a Member State or on its own
request, any information relating to rates operative         initiative, the Commission shall consult the Member
for the international carriage of goods by road.             States with regard to the drafts of the laws and
                                                             administrative provisions referred to in paragraph 1.
2.     The Commission shall establish, if the need
arises, a uniform outline programme for these                3.     The Member States shall afford assistance to
communications.                                              each other and to the Commission for the purposes
                                                             of the application of this Regulation.
3.     Information obtained in implementation of this
Regulation shall be covered by the obligation of
professional secrecy.
                                                                                      Article 13
                       Article 10
                                                             N o tariff system shall be apiplied:
The Commission shall, by 1 December each year and
                                                             — to the carriage of goods not exceeding five metric
after consultation with the advisory committees
                                                                  tons in total weight consigned by a single
provided for in Article 6 (1) (a) and (b) of Council
                                                                  consignor to a single consignee,
Regulation (EEC) No. . . . (1), draw up a report on
 the trends in rates and conditions of transport in the      — to the carriage of goods over a distance which in
 sector of road transport between Member States.                  total does not exceed 50 km,
                                                             — to the types of carriage listed in the Annex to this
                       Article 11                                 Regulation,
 1.    During the transitional period, before the            — to the carriage of live animals,
 reference tariffs are drawn up under the conditions
                                                             — to carriage involving the use of special vehicles or
 (*) Regulation concerning a system of observing the              special traffic arrangements.
     markets for the carriage of goods by rail, road and
     waterway between the Member States.                      (2) OJ No L 194, 6. 8. 1968, p. 1.
 ---pagebreak--- 5.1.76                              Official Journal of the European Communities                              N o C 1/43
                       Article 14                                                        Article IS
                                                                 This Regulation shall enter into force on 1 January
                                                                 1977.
The provisions of this Regulation shall not apply to
any obligation covered by the Treaty establishing the            This Regulation shall be binding in its entirety and
European Coal and Steel Community.                               directly applicable in all Member States.
                                                         ANNEX
             Goods whose transport is exempt from any tariff system, as provided for under Article 13
                                                    of the Regulation
             — occasional carriage of goods to or from airports, in the event of air services being diverted,
             — carriage of luggage in trailers coupled to passenger-carrying vehicles and the carriage of
                luggage in all types of vehicle to and from airports,
             — carriage of mails,
             — carriage of damaged vehicles,
             — carriage of refuse and sewage,
             — carriage of animal carcases for disposal,
             — carriage of bees and fish fry,
             — carriage of objects and works of art for exhibition or for commercial purposes,
             — occasional     carriage of objects and material exclusively     for publicity or information
                purposes,
             — removals by undertakings having special staff and equipment for this purpose,
             — carriage of material, properties and animals to or from theatrical, musical or film
                performances or sporting events, circuses, exhibitions or fairs, or to or from the making of
                radio or television broadcasts or films,
             — carriage of gold, silver, platinum, money, coins and securities, stamps, documents, stones
                or real pearls,
             — carriage of articles required for medical care in emergency relief, in particular for natural
                disasters,
             — carriage of spare parts for sea-going vessels.
 ---pagebreak--- N o C 1/44                        Official Journal of the European Communities                               5. 1. 76
                                                         III
              Proposal for Council Regulation concerning a system for observing the markets for the
              carriage of goods by rail, road and inland waterways between the Member States
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                     markets which have been assigned to it, the
                                                             Commission must be in a position to call on the
                                                             active participation of the undertakings, the users,
Having regard to the Treaty establishing the                 the transport workers' unions, and the national
European Economic Community, and in particular               public authorities; and whereas it would seem
Article 75 thereof,                                          necessary for this purpose to institute Advisory
                                                             Committees made up of representatives of carriers,
                                                             users, providers of services ancillary to transport and
Having regard to the proposal from the Commission,
                                                             transport workers' unions, and representatives of the
                                                             governments of the Member States respectively,
Having regard to the Opinion of the European
Parliament,
                                                             HAS ADOPTED THIS REGULATION:
Having regard to' the Opinion of the Economic and
Social Committee,
                                                                                    Article 1
Whereas in order to ensure that the markets for the
carriage of goods between Member States by rail,             1.    In order to ensure that the markets for the
road and inland waterway function smoothly, it is            carriage of goods between the Member States by rail,
essential to establish a permanent system for                road and inland waterway function smoothly, a
observing these markets with the aim of gathering            system for observing these markets is hereby
and using all the data and information available on          established.
the markets and forecasting short- and medium-term
trends in supply and demand for the carriage of              2.    The observation system shall include:
goods;
                                                             — analysis of the markets,
Whereas, since this system constitutes one of the
basis on which the transport markets will be                 — forecasting short- and medium-term trends in
organized, it must be introduced at Community                    transport requirements and capacities.
level, with participation of the national authorities,
as well as of professional bodies and transport
workers' unions; and whereas this system should              The management of this system shall be the
supply the facts regarding the situation of the              responsibility of the Commission, assisted by the
markets and make it possible to identify trends and          Advisory Committees referred to in Article 6.
collate the data gathered into forecasts for short- and
medium-term transport needs and capacities; and
whereas these forecasts must provide the reference                                  Article 2
base for any investment decisions by undertakings
and for the activities connected with the permanent
observation of the market by the competent                   1.    The analysis of the markets shall involve the
authorities;                                                 appraisal of the situation in the transport markets
                                                             and the identification of the trends therein by means
                                                             of a number of indicators, including:
Whereas such a observation system implies the
power to conduct sample surveys of the market, or            — the relationship between supply and demand for
of particular sectors of the market;                             the carriage of goods,
                                                             — the economic situation of transport undertakings,
Whereas, to assist the Commission in carrying out
the duties in respect of observing the transport             — jobs available and the level of employment.
 ---pagebreak--- 5 . 1 . 76                           Official Journal of the European Communities                             N o C 1/45
For this purpose the following in particular shall be          These reports shall include forecasts for the
taken into account:                                             following period of five years. The forecasts shall be
                                                                reviewed annually; when necessary they shall be
— the actual freight rates,                                     revised to reflect the actual situation on the markets,
                                                               taking account of the findings of the analysis
— the average rate of use of transport capacity,               referred to in Article 2.
— the number of transport undertakings ceasing
       operations of becoming bankrupt,                                                 Article 4
— unemployment figures in the transport sector.                 1.     In carrying out the duties assigned to it under
                                                               Articles 2 and 3, the Commission may undertake
                                                               sample surveys of the markets or of sectors of the
2.       The Commission shall draw up annual reports
 on the situation in the transport markets and trends          market covering transport undertakings, users and
                                                               providers of services ancillary to transport, or
developing therein. The first of these reports shall be
drawn up by . . . ( J ).                                       request Member States to make such surveys,
                                                               according to a programme established by the
                                                               Commission after consulting the Committees
                                                               referred to in Article 6(1).
                           Article 3                           2.     The information gathered pursuant to Article 4
                                                                (1) shall not be used for any other purpose than that
1.      In    forecasting short-     and    medium-term        for which it was requested.
transport requirements and capacities, the following
shall be assessed:                                             3.     The Commission and its officials and other
                                                               servants shall not divulge, as separate items, any
— requirements in respect of the carriage of goods             information they have gathered in the course of
      between Member States for each form of                   implementing this Regulation, this information
      transport,                                               being, by its nature, covered by professional
                                                               secrecy.
— the development of transport capacity by road,
      rail and inland waterway.
                                                                                        Article 5
For this purpose the following in particular shall be          1.     The reports referred to in Article 2 (2) and
taken into account:                                            Article 3 (2) shall be drawn up by the Commission
                                                               after consulting the Committees referred to in Article
— the guidelines given in the programme for                    6 (1).
      medium-term        economic    policy    and    the
      projections carried out pursuant to the Council          2.     They shall be made available to:
      Decision of 18 February 1974 setting up the
      Economic Policy Committee (2),                           — the other institutions of the Community,
— the guidelines and programmes established under              — the governments of the Member States,
      the Community's regional policy pursuant to the          — the       Advisory      Committee     on     Transport
      Council Decision of 18 March 1975 establishing                established under Article 83 of the Treaty.
      the European Regional Development Fund (3),
— forseeable trends in transport demand, taking
      into account developments in industrial and                                       Article 6
      agricultural production and structural changes.
                                                               1.     With a view to assisting the Commission in
                                                               carrying out the duties assigned to it by this
2.      The forecasts referred to in paragraph 1 above         Regulation, the following shall be established by the
shall be drawn up in the form of annual reports,               Commission:
covering periods of five years and the first such
report being submitted by 1 January . . . (1).                 (a) an       advisory     committee     consisting     of
                                                                    representatives of transport undertakings, users,
(J) It is proposed to set a time limit of one year from             providers of services ancillary to transport and
     the date on which the Advisory Committees are                  transport workers' unions;
     established.
(2) OJ No L 63, 5. 3. 1974.                                    (b) an       advisory     committee,     consisting    of
(3) OJ No L 73, 21. 3. 1975.                                        representatives of the Member States.
 ---pagebreak--- No C 1/46                         Official Journal of the European Communities                                5.1. 76
2.     The Committees referred to in paragraph 1            after consulting the Commission, adopt the laws,
shall deliver to the Commission opinions on all             regulations and administrative provisions necessary
questions relating to the operation of the markets for      for the implementation of this Regulation. These
the carriage of goods by rail, road and inland              provisions shall inter alia relate to the organization,
waterway between Member States, either at the               the procedure, the supervisory machinery, the
request of the Commission or on their own                   penalties applicable for infringements and the
initiative.                                                 measures necessary for the performance by the
                                                            Commission of the tasks assigned to it under the
                                                            present Regulation.
                        Article 7
                                                            2.    The competent authorities in the Member
The Commission shall, within six months of the date
                                                            States shall give the Commission all the assistance
on which this Regulation enters into force, adopt
measures concerning:                                        necessary for the latter to carry out the duties
                                                            assigned to it under this Regulation.
— the form, content and procedure of the analysis
    machinery referred to in Article 2 and in
    particular of the indicators,
— the Advisory Committees referred to in Article 6(1).                              Article 9
                                                            This Regulation shall enter into force on . . . .
                        Article 8
The Member States shall, within six months of the           This Regulation shall be binding in his entirety and
date on which this Regulation enters into force and         directly applicable in all Member States.