CELEX: 51989PC0189
Language: en
Date: 1989-05-19
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE FIXING OF RATES FOR THE CARRIAGE OF GOODS BY ROAD BETWEEN MEMBER STATES

No C 152/8                              Official Journal of the European Communities                                 20. 6. 89
              Proposal for a Council Regulation (EEC) on the fixing of rates for the carriage of goods by
                                                  road between Member States
                                                       COM(89) 189 final
                                       (Submitted by the Commission on 28 May 1988)
                                                         (89/C 152/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas, however, the abovementioned trade associ-
                                                                  ations may compile and publish these cost indices only in
Having regard to the Treaty establishing the European             full compliance with Community law;
Economic Community, and in particular Article 75
thereof,                                                          Whereas, consequently, certain particulars of these cost
                                                                  indices need to be defined;
Having regard to the proposal from the Commission,
                                                                  Whereas it must be possible to monitor haulage rate
                                                                  trends,
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
                                                                  This Regulation shall apply to the carriage of goods by
Whereas a policy in respect of transport rates constitutes
                                                                  road between the Member States for hire or reward even
an important aspect of the common transport policy,
                                                                  if part of the journey is performed:
which the Treaty provides for the Council to establish;
                                                                  — in transit through a third country, or
Whereas Council Regulation (EEC) No 3568/83 of 1
December 1983 on the fixing of rates for the carriage of          — by a road vehicle which is carried by another means
goods by road between Member States ('), as amended                   of transport, without intermediate reloading of the
by Regulation (EEC) No 1991/88 of 30 June 1988 (2),                   goods.
expires on 31 December 1989 but stipulates, in Article
20, that the Council must decide, on the basis of a
                                                                                             Article 2
proposal from the Commission and by 31 December
1988, on the subsequent arrangements applicable to the            With effect from 1 January 1990 the rates for the
rates for such services;                                          carriage operations referred to in Article 1 shall be
                                                                  governed by a system of rate-fixing by free agreement
Whereas steps must be taken to maintain the continuity            between the parties to the haulage contract.
of the Community policy on tariffs;
                                                                                             Article 3
Whereas free fixing of road haulage rates is the tariff
                                                                  The trade associations representing road haulage under-
system best suited to the completion of the free transport
                                                                  takings in each Member State may establish, in consul-
market decided upon by the Council, to the internal
                                                                  tation with their national statistical organizations, cost
market objectives and to the need for a tariff system
                                                                  indices for the purposes of calculation of the rates
applied uniformly throughout the Community; whereas
                                                                  referred to in Article 1 by the haulage undertakings
this tariff system is also well suited to the specific
                                                                  which they represent.
situation of the industry;
                                                                  These associations may also establish bilateral or multi-
Whereas, however, the trade organizations representing            lateral cost indices for the carriage operations referred to
road haulage undertakings should be allowed, if they              in Article 1 by joint agreement with similar oganizations
wish, to establish unilateral, bilateral or multilateral cost     from other Member States.
indices; whereas the advantage of such cost indices is
that they provide very useful data for calculating
transport rates, particularly for small undertakings, yet                                    Article 4
leave the final decision on the rates charged for specific
                                                                  The cost indices may take the form either of general
services to the carriers and users;
                                                                  indices or of special indices.
                                                                  They may include information on the payment for
O OJ No L 359, 22. 12. 1983, p. 1.                                certain services provided by the haulage undertaking in
(2) OJ No L 176, 7. 7. 1988, p. 5.                                commection with the carriage operation itself.
 ---pagebreak--- 20. 6. 89                            Official Journal of the European Communities                        No C 152/9
                        Article 5                              for the implementation of this Regulation and shall
Transport undertakings shall be required, upon request,        inform the Commission thereof.
to communicate any information concerning the rates
charged for the international carriage of goods by road
to the competent authorities of the Member States and          2. The Member States shall assist one another and the
to the Commission.                                             Commission in applying this Regulation.
                        Article 6
1. The Member States shall in due course adopt the             This Regulation shall be binding in its entirety and
laws, regulations and administrative provisions necessary      directly applicable in all Member States.