CELEX: 51982PC0071
Language: en
Date: 1982-02-25
Title: Amended proposal for a COUNCIL DIRECTIVE on certain measures to promote the development of combined transport (presented by the Commission to the Council pursuant to the second paragraph of Article 149 of the EEC Treaty)

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DOCUMENTS "COM"
COM (82) 71
Vol. 1982/0028
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(82)71 final
                                               Brussels , 25 February 1982
                                           /•
                                                }        "S
                                                               -j
                            Amended proposal for a
                               COUNCIL DIRECTIVE
 on certain measures to promote the development of combined transport
                                                    r :;\ «•.>
                ( presented by the Commission to the Council
                  pursuant to the second paragraph of Article
                  149 of the EEC Treaty )
 C0NK82 ) 71 final
 ---pagebreak---                                  -1 -
                       EXPLANATORY MEMORANDUM
1.    On 22 December 1980 the Commission submitted to the Council a pro­
      posal for a directive on certain measures to promote the development
      of combined transport ( l ).
2.    At its sitting of 18 September 1981 , the European Parliament approved
      the proposal for a directive but moved an amendment asking that certain
      changes be made to the text .
      After careful study of the changes requested by Parliament , the Commission
      decided to accept these changes and alter its original proposal .
3.    The attached proposal embodies these changes .
4.    The changes the Commission is making to its proposal chiefly concern
      legal references to acts already adopted by the Council on this subject ,
      the possibility of preparing a new directive specifically for maritime
      transport and air transport and the possibility of including the transport
      trade unions on the committee which is to help the Commission work
      out a common policy on combined transport .
5.    These changes to the original proposal should promote a better deve­
      lopment of combined transport .
(1) Doc . C0M(80) 796 final of 5 December I98O
 ---pagebreak---                                -A-
 First recital
 Since the Council has already adopted two directives on combined transport
(Directives 75/l 30/EEC and 79/5/EEC) , they should be referred to in the first
 recital without modifying the preamble .
 Third recital (new)
 Combined air and sea transport within the Community cannot be brought
 within the scope of this directive simply by adding to the text . Because of
 their specific features , these modes would have to be the subject of a
 special directive .
 Fifth recital
 In fact , it is not necessary to mention ,rby recognition of its particular
 characteristics " in connection with the aim of development measures because
 the technique is now widely known .
 Ninth recital
 Specific reference should be made to the problems caused to combined
 transport if Member States do not take steps to accelerate and facilitate
 customs clearance at frontier crossings .
                          Article 3 (new paragraph 3)
 It may prove advisable to extend this time limit if there are not enough
 road vehicles used solely for road haulage to ensure proper development
 of the combined transport market .
                          Article 9 (new paragraph 2 )
 In fact it would be useful to circulate this report to the European
 Parliament in view of the economic and political importance of developing
 combined transport .
 ---pagebreak---                              -3 -
                    Article 10 ( paragraph 2 )
The fact of including transport trade unions on the committee should
extend social , economic and political cooperation in carrying out the
committee 's work .
                          /
 ---pagebreak---           Amended proposal for a Council directive on certain measures to promote
                            "the development of combined transport
 Current proposal                                                Proposed, changes
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,                            Unchanged
Having regard to the Treaty establishing the
European Economic Community and in particular
Article 75 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European
Parliament ,
Having regard to the opinion of the Economic
and Social Committee ,
Whereas the development of combined transport             Whereas the pionneer effect of directi­
is a matter of public interest ; whereas as large         ve 75/l30/EEC ( l ), as amended by di­
as possible an expansion of this transport on             rective 79/5/SSG ( 2 ), did much to de­
appropriate routes helps to relieve road congestion       velop combined transport and whereas
and thereby to improve road safety and the envi­          therefore other measures should also
ronment ; whereas a combination of the advantages         be taken to continue this development ,
specific to several modes of transport is in              which is now in the public interest ;
the economic interest both of consignors and
of carriers ; whereas combined transport , by taking
a larger share of the market , can help to place
the railways on a sounder footing ; whereas , fi­
nally it is important that this development be
linked with energy problems and their effects
on transport economics :
                                                          Remains unchanged after the second li­
                                                          ne , i.e : "whereas as large as possible
                                                          an expansion ........ on transport eco­
                                                          nomics ; "
Whereas the various techniques of combined tran­                     Unchanged
sport have made remarkable progress in recent
years ; whereas the present rates of growth in
both container and road/rail traffic are already
impressive ; whereas this favourable trend is not
confined to road/rail cooperation but also extends
to inland navigation , in particular on the Rhine :
                                                         "whereas combined transport , which -     |
                                                          includes maritime transport – inclu– i
                                                          ding car ferries - or air transport , is
                                                          also of increasing importance ; whereas ■
                                                          provisions should be laid down to pro­
                                                          mote it in a further separate directi- ;
                                                          ve as soon as possible ;"                ;
                                                          8! OJ L 48 of 22.2.1975 , page 31
                                                               0JL5     of  9.1.1979 , page 33
 ---pagebreak--- Whereas this development coula be even more marked,                 Unchanged
 if combined transport were , on the one hand ,
freed from certain administrative restrictions
and , on the other hand , facilitated by measures
which had a stimulating effect ;
Whereas in principle , the aim of development           Whereas , in principle , the aim of deve­
measures should be to free combined transport ,          lopment measures . should be to free corabj
by recognition of its particular characteristics ,      ned transport from the regulations ap­
from the regulations applying to the carriage           plying to the carriage of goods by con­
of goods by conventional methods ; whereas the          ventional methods ; whereas the develop­
development of this transport technique must            ment of this transport technique must
depend on the market , without the imposition         , depend on the market , without the impo­
of useless a-Jiiinistrative constraints .               sition of useless     .  administrative
                                                        constraints .
Whereas , since the combined transport technique
leads to reduction in roau congestion , it is                      unchanged
logical to reduce taxation on the use or possession
of commercial vehicles employed in combined tran­
sport operations to the extent that they are
carried by the rail ;
Whereas , in order to stimulate the transfer of                    Unchanged
goods at present carried by road over long di­
stances to combined means of transport , exemption
from these taxes for an experimental period could
be considered for road vehicles which are used
exclusively for road haulage as covered by this
Directive ;
Whereas pursuit of the objective of this directive                 Unchanged
requires that limitations on market access and
obligations in respect of prices should be re­
nounced ; whereas , in this context , the criteria
relating to carriage on own account should be
relaxed ;
Whereas efforts must be continued to facilita­          Whereas the Governments of the Member
te frontier crossing for combined means of tran­        States must be vigorously requested to
sport also , particularly in view of the constantly     extend the measures facilitating frontier
increasing difficulties on certain routes ; whereas ,   crossing for combined transport ; whereas
meanwhile , the measures necessary to facilita­         this form of transport loses its attract­
te the customs clearance of this form of tran­          ion if it takes too long to obtain
sport will be taken within the framework of Coa^v       customs clearance at frontier crossings ;
munity transit regulations ;                            whereas measures to accelerate customs       j
                                                        clearance in combined transport must be 1
                                                        adopted immediately by means of further
                                                        Community transit regulations .
Whereas efforts must likewise be made to impro­                     Unchanged
ve statistics , in which there are still gaps ,
particularly with an eye to the measures to be
taken in the future in the combined transport
sector ;
 ---pagebreak---                                            - 3 -
Whereas , the harmonization of teohnical standards          Unchanged
fbr rolling stock represents an important task
in view of the number of problems to "be solved in
the future ;
Whereas , in light of the experience gained , a             Unchanged
network for combined transport which is of Com­
munity interest and which meets the needs of
the market has to be developed ;
Whereas , in order to facilitate the attainment             Unchanged
of the objectives of the common . policy in this
sector , it is advisable to set up a committee
consisting of experts active in the various combi­
ned transport sectors to advise the Commission
on problems in the field of combined transport ,
          HAS ADOPTED THIS DIRECTIVE :              BAS ADOPTED THIS DIRECTIVE:
                      Article 1                              Article 1
                       ( Scope )
This directive shall apply to :                             Unchanged
– combined transport between Member States , inclu­
   ding such transport when i s transit through
   the territory of another Member State or of
   a third country :
– combined transport xvithm a Member State .
                     Article 2                              Article 2
                   (Definitions )
For the purposes of this directive :
1 . "Combined transport " means :                           Unchanged
– transport of goods where the lorry , trailer ,
   semitrailer (with or without tractor unit )
   or their swap body and container of 20 feet
   or more are transported by rail between the
   nearest suitable rail loading station to the
   point of loading and the nearest suitable rail
   unloading station to the point of unloading;
– the carriage of containers of 20 feet or more
   by inland waterway , including feeder and final
   delivery carriage by rail or road to and from
   the nearest suitable port of loading and un­
   loading respectively ;
2 . "Road haulage " means :
   haulage by road of a trailer , semi–trailer ,
   swap body or of a container of 20 feet or more
   on the feeder or final delivery section of .
   a combined transport operation .
 ---pagebreak---                                           –■ 4 -
                    Article 3                                  Article 3
               (Tax exemptions )
 1.K Member States shall take the measures neces­
                                                               Unchanged.
      sary to ensure that , with effect from 1 January
      1982 , taxation on the use or possession of
      commercial vehicles applicable to road ve­
     hicles used in combined transport shall be
     reduced in proportion to the distance which
      such vehicles are carried by rail . In re-    • ■
      spect of combined transport between Member
      States , this reduction shall relate to the
     whole distance covered by rail .
 2.  With effect from the same dite and until                 Unchanged
     31 December 1986 , road vehiples used sole­
     ly for road haulage may be exempted from
     these taxes .
                                                        3 . In good time before 31 December 1°86
                                                             the Commission shall examine the si­
                                                             tuation as regards combined tran­
                                                             sport and shall , if necessary , .
                                                             submit to the Council proposal to
                                                            .extend this time limit .
                    Article 4                                 Article 4
            (Access to the market )
1.  Member States shall take the measures neces­           . Unchanged.
     sary to ensure that , with effect from 1 January
     1982 ,
–    carriage by road performed as part of a combi­
     ned transport operation in a Member State
     shall not be subject to any quota system or
     other quantitative restriction affecting
     access to the market ;
–    for carriage by road on own account in a
     combined transport operation , road vehicles
    used for road haulage need not necessarily
     belong to the undertaking which carries out
     transport operations on its own account , . *
    be bought on credit by the latter or be dri­
    ven by employees of that undertaking.
2.  Member States shall take the measures neces-»
     sary to ensure that , with effect from 1 January
     1982 , journeys falling under the heading of
    road haulage shall be exempt from general pro­
    hibitions on road movement laid down by non-local
    authorities in respect of certain days or during
     certain periods .
                     Article 5                               Article 5
                 (Price formation)
Member States shall take the measures necessary              Unchanged
to ensure that , with effect from 1 January 1984 »
carriage by road or inland waterway performed
as part of combined transport operations in a
Member State shall be exempted from any compulso­
ry system of charges . If necessary , reference
charges can be introduced for these transport
operations .
 ---pagebreak---                     Article 6
             ( Frontier crossing)
The Member States , in collaboration with the
Commission , shall take the measures necessary
to simplify the administrative and technical
precedures applied to combined 'transport between
Member States as regards frontier crossings . In
particular , these measures must facilitate
increased cooperation between the railway under­
takings in this sector .
                    Article 7
                ( Statistics )
1 . The Member States , in collaboration with the
Commission , shall improve their transport statistics
in order to produce specific and detailed information
on combined transport , with particular regard to :
–- traffic links :
–   number of consignments ;
–   distances covered ;
–   tonnages carried ;
–   services performed in terms of tonne-kilometres .
2 . Before 1 January 1986 , and on a proposal from
  the Commission , the Council will adopt the measures
necessary to develop and harmonize statistics on
combined transport at Community level .
                    Article 8
( infrastructure and technical harmonization)
Before 1 January 1983 , on a proposal from the
Commission , the Council will adopt the necessary
measures with a view to :
–– defining a network of Community interest
    covering the railway lines and trans-shipment
    centres needed for the development of combined
    transport ;
– harmonizing the national provisions concerning
    rolling stock and equipment used in trans-
    shipment centres for combined transport in order
    to eliminate incompatibilities at the technical
    level which impede the carrying out of these
    transport operations ;        1
– promoting the development of rolling stock
    with common technical characteristics for
    combined transport .
 ---pagebreak---                        Article 9                                        Artlols 9
                        (Heport )
 2very tv;o years , and in the first ir.s-tar.ee "by                    Unchange d
 1 January 1533 , the Ccnmission shall draw up
 a report to the Council on the development of
 combined transport as well as on the application
 of Cosnunity law in this field .
                                                            2 * The report shall "be notified to the
                                                                European Parliament
                       Article 10                                       Article 10
               ( Consultative committee )
 1 . A committee is hereby set up / in order to:                      . Unchanged.
– assist the Coicaission in developing the common
 transport policy in respect of combined transport ;
–    facilitate at Corrjrunity level the resolution ■
 of practical problems hindering the development
 of coEbir.ed transport ;
– assist the Commission in drawing- up the re­
port referred to in Article 9 ;
– foraulate opinions on questions in the field
of combined transport referred to it by the Com–
mission .
2 . The cocr.it tee sha ". 1 consist of two experts      2 . The corjnittee shall consist of two
froE each of the following sectors :                     experts from each of the following sector
-    rail :                                              - rail ;
– roaa haulage ;                                         – road haulage ;                            j
– inland waterways :                                     – inland waterways : .                      \
– commercial organi zations specializing in comoi–       – commercial organizations specializing J
ned tra:: sport :                                        in combined transport ;                     j
– ports ;                                                – ports ;
– transport agents ; and                                 – transport agents ;                        j
–    users ;                                             – users ;                                   j
                                                         – transport trade 'unions .             •
The Commission may invite other        experts to parti­
cipate in the connittee 's work on specific
questions .
3 . The comnittee shall have as chairman a repre­                      Unchanged
sentative of the Commission which shall also
provide secretarial services .
 ---pagebreak---                                          - 7 -
               Artiele 11                           Artici© 11
        ( implementing rneasu.ro s )
The Member States shall , not later than six months Unchanged,
"before the dates when the various provisions
 of the directive are to apply , communicate to
 the Commission for consultation , the laws , regu­
 lations and administrative provisions needed
for the implementation of this . directive .
                Article 12                          Article 12
This directive is addressed to the Member States    Unchanged