CELEX: 51988PC0247
Language: en
Date: 1988-05-06
Title: Proposal for a COUNCIL DECISION on the conclusion of the Agreement between the European Economic Community, Finland, Norway, Switzerland, Sweden and Yugoslavia on the International Combined Road/Rail Carriage of Goods (ATC) (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 247
Vol. 1988/0079
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                       COM ( 88 ) 247 final
                                       Brussels , 6 May 1988
                           Proposai for a
                          COUNCIL DECISION
          on the conclusion of the Agreement between the
           European Economic Community , Finland , Norway ,
             Switzerland , Sweden and Yugoslavia on the
     International Combined Road/ Rail Carriage of Goods ( ATC )
                   ( presented by the Commission )
 ---pagebreak---                                           1
                     EXPLANATORY MEMORANDUM
 1.   Council Decision of 26 March 1981 on the opening of
      negotiations between the European Economic Community and
      third countries on the establishment of common rules for
     certain types of combined road/ rail carriage of goods
      authorized    the   Commission         to    open negotiations   with
      Yugoslavia , Austria , Finland , Norway , Switzerland ,
      Sweden and Spain with a view to concluding between the
     European Economic Community and these States one or more
     Agreements laying down common rules applicable to the
     combined road/ rail carriage of goods .
      In the negotiating directives attached to the decision
     the objective of the negotiations was defined as aimed
     at the development of combined road/ rail carriage of
     goods as defined by Council Directive 75 /130 /EEC on the
     establishment      of common         rules     for certain  types   of
     combined     road/ rail carriage of goods between Member
     Stales ( 1 ), as amended by Council Directive 79 /5/ EEC ( 2 )
     and Council Directive 82 /3 / EEC ( 3 ).
     With Spain an Agreement could be concluded on 14.12.1984
     which was approved by the Council on 29 . 1 . 1985 ( 4 ).
     With the adhesion of Spain to the European                   Economic
     Community this Agreement became null and void .
2.   On the basis of the above-mentioned Council Decision of
     26 March 1981 , and after bilateral discussions between
     the Commission and the other States concerned had taken
     place      during     which         fact-finding      reports    were
     established , the Commission opened negotiations with the
     third countries concerned on 8 December 1983 .
(1 ) 0. J. no . L 48 of   22 . 2 . 1975 ,   p.  31
(2 ) 0. J. no . L 5 of     9.1.1979 ,       p.  33
(3 ) 0. J. no . L 5 of     9 . 1 . 1982 ,   p.  12
(4 ) 0. J. no . L 34 of    7 . 2.1985 ,     p.  38
 ---pagebreak---                                     2
    Five   Plenary    Sessions      were    held    in   all ,    chaired
    alternatively by the Head of the Community Delegation
    and by the Head of the Swiss Delegation , which had been
    appointed to this task by the third countries ; the
    Secretary-General      of     the     European     Conference        of
    Ministers of Transport ( E.C.M.T. ) was present at the
    negotiations as an observer .
    A Drafting Committee was also set up , composed of
    representatives      from     all     delegations .      Also       the
    Secretary-General of the E.C.M.T. took part in the work
    of the Drafting Committee , again as an observer . The
    Committee 's remit was to prepare for the Plenary
    Sessions and , more especially , to frame proposals to
   solve the problems on which the Plenary Session had not
    yet reached agreement . The Committee has held five
   meetings , which were likewise chaired alternatively by a
   member of the Community Delegation and by a member of
    the Swiss Delegation .
    On each occasion ,     the   Member     States   were   invited to
   participate as observers in the Plenary Sessions as well
   as in the meetings of the Drafting Committee .
   It should be emphasized that the Community Delegation
   has   maintained    close   and     constant    contact     with    the
   Member   States    throughout      the   negotiations ;     both    the
   Plenary Sessions and , as a general rule , the meetings of
   the Drafting Committee have been preceded by a
   consultative meeting between the Member States and the
   Community Delegation during which consideration was
   given to the negotiating position to be adopted by the
   latter vis - ^- vis the third countries .
3. The negotiations culminated in all the delegations
   reaching    agreement ,     as     a    result     of which        the
   negotiations closed on 24 February 1987 with the
   initialling of the draft " Agreement on the International
   Combined Road/ Rail Carriage of Goods ( ATC )".
                                                                    ./.
 ---pagebreak---                                 3
    The Head of the Community 's Delegation initialled the
   draft Agreement on behalf of          the  Community ,    after
    consulting the Member States .
    It  should be emphasized that Yugoslavia , although it
   could    not   -  for reasons    related   to   its  internal
    procedures - initial the Agreement at the closing
   session of the negotiations on 24 February 1987 , takes a
    favourable attitude toward the Agreement . Subsequently ,
   on   23   March  1988 the   Head   of  the   Mission   of   the
    Socialist Federal Republic of Yugoslavia to the European
   Communities initialled the Agreement on behalf of his
   delegation .
   Also Austria did not initial the               Agreement     on
   24 February 1987 . At present account should be taken of
   the possibility that it will not sign the ATC-Agreement .
   The Commission will continue its efforts to persuade
   Austria to participate in the Agreement , especially when
   taking account of the problems that the non¬
   participation of that country might cause for the
   development of combined transport relations and the
   application of ATC to traffic with Greece and Italy .
   Also Yugoslavia could be affected by such problems .
4. The Agreement extends the Community regime to liberalize
   from all authorizations and quota restrictions initial
   and terminal road transport operations in the framework
   of international combined road/ rail carriage to combined
   transport operations between the Community , Finland ,
   Norway , Switzerland , Sweden and Yugoslavia and in
   transit through these countries or one or more
   non- contracting States . In Yugoslavia the liberalization
   of road transport operations related to carriage by rail
   of road vehicles , as well as trailers , semi trailers and
   swap bodies is restricted to a zone around Ljubljana .
                                                           ./.
 ---pagebreak---                                  4
    The Agreement harmonizes also at the European level the
   control procedures and documentary requirements related
   to international combined road/ rail transport .
   The Agreement is expected to have a beneficial effect on
   the development of combined transport in Europe as the
   Directive has at Community level .
5.  The essential components of the Agreement are :
    ( i)   definition of its scope ;
   ( ii )  definitions   of   the  terminology   used  in  the
           Agreement ;
   ( iii ) liberalization     measures    affecting   combined
           road/ rail carriage ;
   ( iv )  a documentation and control provision ;
   ( v)    a procedure for solving disputes ;
   ( vi )  general and final provisions .
   In addition , a number of administrative functions to be
   performed pursuant to the Agreement will be entrusted to
   the Secretariat of the E.C.M.T. , in particular the
   compilation of a list of railway stations equipped for
   combined transport operations .
6. In connection with the procedures for solving disputes ,
   the Commission will propose certain internal Community
   rules in order to make the provisions of articles 9 , 12
   and 13 operational .
7. Among the general and final provisions it should be
   noted that the Agreement
                                                       ./.
 ---pagebreak---                                      5
     (i)     is to come into force when four Contracting Parties
             - including the European Economic Community - have
             approved or ratified it ;
     ( ii ) may be revised after it has been in force for three
             years ;
    ( iii ) is concluded for a period of five years and each
             Contracting Party may terminate it by giving one
            year '8     notice ;   unless    terminated    by    four
             Contracting Parties - including the European
            Economic Community - the period of validity of the
             Agreement is automatically extended for succesive
            periods of five years ;
    ( iv )  is open for accession by other States members of
            the E.C.M.T. than the signatory parties ;
    ( v)    is drawn up in the French language and that this
            text only is authentic .
8 . Moreover , the provision related to the liberalisation
    measures has given rise to the drafting of a Protocol on
    which the Community Delegation has consulted the Member
    States and which       is annexed to this document and which
    clearly links the freedom to provide services established
    in principle in the framework of this Agreement to the
    development of the application of that principle in
    international road haulage in the Community and in its
    relations with the third countries concerned .
9 . Finally , three declarations were annexed to the Final
    Act :
         declaration of the Contracting Parties concerning
         transfrontier cooperation in the field of combined
         transport and the coordination of infrastructure
         projects    related    to  the   development   of  combined
         transport ;
 ---pagebreak---                                   6
     - declaration of the Contracting Parties concerning the
        responsibilities of the European Conference of
        Ministers of Transport ;
     - declaration of the Contracting Parties concerning the
        application of the liberalisation measures , which
        provides for an agreed procedure how to arrive at
        solutions to possible problems in the application of
        the principle of freedom to provide services in the
        framework of the Agreement .
10 . After    the     Agreement  was  initialled ,  the  Swiss
     delegation , in the course of July 1987 , informed the
     Community delegation that concerning the protocol to
     article 3 . 2.b . certain problems related to aspects of
     international public law had emerged . A revised text of
     the protocol , worked out between the two delegations ,
     was not an acceptable solution to that problem , as
     became clear after consultations with Member States .
     Following a request from the Community delegation to
     review its position , the Swiss delegation indicated that
     it could accept the initialled text of the protocol if
     an unilateral Swiss declaration was incorporated into
     the Final Act of the Agreement . This declaration reads
     as follows :
     " Concerning this Agreement , the Swiss Federal Council 's
     starting point is that the Protocol concerning the
     application of article 3 paragraph 2.b . in the territory
     of the European Economic Community has no other purpose
     but to allow the Council of the European Communities a
     transitional phase until article 3 paragraph 2.b . can be
     fully applied ."
                                                        ./.
 ---pagebreak---                                   7
      The Commission is of the opinion that this declaration
     can be accepted as addition to the declarations annexed
     to the Final Act . The declaration was initialled on 23
     March 1988 by delegations and on 5 April 1988 by the
     Secretary-General of the E.C.M.T. .
11 . The Commission will , at a later stage , submit to the
     Council a proposal for a Regulation containing the
     implementing      measures     necessary    to    make  the
     ATC-Agreement operative at Community level .
12 . The   Commission     considers    that   in  terms   of the
     negotiating directives it received , the draft Agreement
     is   acceptable     to the Community .      Accordingly it
     proposes that the Council approves the results of the
     negotiations , decides to sign the Agreement and
     initiates the procedures for its conclusion . Therefore ,
     it presents herewith a draft Council Decision concluding
     the Agreement on the International Combined Road/ Rail
     Carriage of Goods between the European Economic
     Community , Finland , Norway , Switzerland , Sweden and
     Yugoslavia ( ATC ).
 ---pagebreak---                         COUNCIL DECISION
on the conclusion of the Agreement between the European
Economic Community , Finland , Norway , Switzerland , Sweden and
Yugoslavia on the International Combined Road/ Rail Carriage
of Goods ( ATC ) .
The Council of the European Communities ,
HAVING REGARD to the Treaty establishing the European
Economic Community , and in particular article 75 thereof ,
HAVING REGARD to the proposal of the Commission ,
HAVING REGARD to the opinion of the European Parliament ,
HAVING REGARD to the opinion of the Economic and Social
Committee ,
WHEREAS the Agreement between the European Economic
Community ,   Finland ,   Norway ,  Switzerland ,   Sweden and
Yugoslavia on the International Combined Road/ Rail Carriage
of Goods ( ATC ), signed on . is a first step to
facilitation and promotion of combined road/ rail transport
in Europe ,
WHEREAS the ATC should consequently be approved on behalf of
the European Economic Community ,
HAS DECIDED AS FOLLOWS :
 ---pagebreak---                             Article 1
The   Agreement   between  the  European  Economic   Community ,
Finland , Norway , Switzerland , Sweden and Yugoslavia on the
 International Combined Road/ Rail Carriage of Goods ( ATC ) is
hereby approved on behalf of the Community .
The texts of the Agreement and the Final Act are attached to
thi9 Decision .
                            Article 2
The President of the Council shall deposit the Acts provided
for in Article 11 of the Agreement .
Done in Brussels ,                 For the Council ,
                                   The President
 ---pagebreak---            AGREEMENT
ON THE INTERNATIONAL COMBINED ROAD·- RAIL
        CARRIAGE OF GOODS ( ATC )
                                          O
 ---pagebreak---                                      2
 The Council of the European Communities ,
 The Government of the Republic of Finland ,
 The Government of the Kingdom of Norway ,
 The Government of the Kingdom of Sweden ,
The Swlss Fédéral Councll ,
The Federal Executive Council     of   the  Assembly  of the  Socialist
Federal Republic of Yugoslavia ,
DESIRING to promote the development of international road-rail
transport , and 1n particular to facilitate the organization and
operation thereof ;
WHEREAS  the  use   of the  road-rail   method  for  the  International
carriage of goods by road is over long distances a rational form of
forwarding goods , especially in transit traffic ; whereas it combines
the advantages of road and rail ; whereas 1t reduces road traffic and
thus enhances road safety ; whereas at the same time it fits In with
action to protect the environment and to save energy ;
 ---pagebreak---                                     3
WHEREAS one of the main objectives of combined transport is to
permit optimum use of the rail section of a journey whilst allowing
for the individual characteristics of each combined transport route ;
WHEREAS it is important to encourage and facilitate combined
road-rail transport and whereas one means of promoting it and of
making it more attractive is to lift as many of the restrictions
imposed on it as possible ;
WHEREAS a multilateral agreement on the rules to apply to the
initial and terminal road haulage operations should be concluded to
complement the domestic and international measures already adopted
by the Contracting Parties ;
WHEREAS it is desirable to assign some administrative tasks
concerned with the Agreement to the Secretariat of the European
Conference of Ministers of Transport ( ECMT ),
 ---pagebreak---                                        4
 HAVE   DECIDED TO   ESTABLISH UN I r ORK   RULES  FOR THE  INTERNATIONAL
 COMBINED ROAD-RAIL CARRIAGE OF GOODS
 and to this end have designated as their Plenipotentiaries :
 The Council of the European Communities ,
 The Government of the Republic of Finland ,
 The Government of the Kingdom of Norway ,
The Government of the Kingdom of Sweden ,
The Swiss Federal Council ,
The Federal Executive Council      of    the  Assembly of the  Socialist
Federal Republic of Yugoslavia ,
WHO , having exchanged their Full Powers , found in good and due form ,
HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                           5
                                     SECTION I
                              SCOPE AND DEFINITIONS
                                     Article 1
 1 . This Agreement shall apply to :
     a ) the international       combined road-rail   carriage of goods
         effected by road vehicles registered in t Contracting Party :
         of the Contracting Parties and plying :
              - between the territories of two Contracting Parties and ,
                should the need arise during such transport operations ,
                in transit through the territory of one or more
                Contracting Parties or through the territory of one or
                more non-contracting States
              - or from or to the territory of a Contracting Party , and ,
                in so doing , crossing in transit the territory of one or
                more other Contracting Parties
     b ) unladen journeys by the vehicles mentioned       in a ) directly
         connected with such transport operations .
2 . For the purposes of this Agreement , in the case of the European
     Economic Community , the term " territory of a Contracting Party "
     means those territories where the Treaty establishing that
     Community is applied , under the conditions laid down in that
     Treaty .
                                                                           Л 4
 ---pagebreak---                                         6
                                   Artici e 2
1 . For the purposes of this Agreement :
     a ) " combined road-rail carriage " means carriage of goods by means
         oT road vehicles or container units carried by rail for part
         of the journey , the road , section being limited to the initial
         and terminal road haulage operations ;
          In this context , not only lorries and tractor units but also
         trailers , seml-trai 1 ers and container units such as swap
         bodies and containers of 20 feet or more are regarded as road
         vehicles ; where these trailers , semi - tra1 1 ers or container
         units are not formally subject to registration , the fact that
         they belong to , or are held by , undertakings established
         1n the territory of one of the Contracting Parties shall be
         taken as being equivalent to registration ;
    b ) " swap body " means that part of a road vehicle 1n which it is
         Intended that the load shall be placed and which may            be
         detached from the vehicle and re-incorporated therein ;
    c ) " Initial road haulage operations " and " terminal road haulage
         operations " mean the sections covered by road before and after
         tne transport operation by rail between the nearest suitable
         stations and the points of loading or unloading of the goods ;
    d ) " nearest   suitable  station "  means  any  loading  or unloading
         station   for  the  road  vehicles   used  1n  combined road-rail
         transport , situated at the shortest distance from the loading
         or unloading points , as appropriate , and equipped with
         adequate technical facilities for transferring these vehicles ;
 ---pagebreak---                                            7
    e ) " international     road    haulage    deration "    means any   initial
        o r terminal road haulage operati o n i n v o 1 ving the crossing of a
        fron ti er ;
    f ) " internal road haulage operations " means any initial or
        terminal road haulage o p e r a t i o n not involving the crossing of
        a frontier ;
    g ) " road    traction " means       any    movement    of   a trailer     or
        semi-trailer Fy a tractor unit or a lorry in an initial                or
        terminal road haulage operation .
2.  Transport operations using the railway principally to overcome a
    natural    obstacle shall    not be considered to be combined road-rail
    carriage for the purposes cf this Agreement .
3 . If a    combined   road - rail   transport operation coming      under   this
    Agreement     involves    a  sea   journey ,  that   sea journey   shall   be
    deemed to be a rail journey .
 ---pagebreak---                                          8
                                   SECTION II
                            LIBERALIZATION MEASURES
                                    Artide 3
1 . Subject to the special provisions laid down in the Protocols ,
    annexed to this Agreement , which form an integral                 part
    thereof , and to the conditions laid down in paragraph Z , the
    Contracting Parties shall , on the date on which this Agreement
    enters into force , free combined road / rail carriage , as referred
    to In Article 1 , from all authorizations and quota restrictions
    for the initial and terminal road haulage operations defined in
    Article 2(1 He ) .
2 . The provisions set out in paragraph 1 shall be subject to the
    following conditions :
    (a)  if the tractor unit or lorry is transported by train either
         alone  or  at   the  same   time  as the trailer or semi - trailer
         drawn by it , the liberalization measure provided for in
         paragraph 1 shall apply to the internal or international
         initial and / or terminal road haulage operations on condition
         that these vehicles are registered in a Contracting Party ;
 ---pagebreak---                                    9
( b)  if the tractor unit or lorry is not transported by the train
      at the same time as the trailer or the semi-trailer drawn by
      it , the liberalization measure provided for in paragraph 1
      shall apply on condition that :
     - for a national road haulage operation ,     road traction is
        effected by a road vehicle registered
         . in the Contracting Party where the loading station is
           located , for the initial road haulage operation , and
         . in the Contracting Party where the unloading station is
           located , for the terminal road haulage operation ;
     - for an international road haulage operation , road traction
        is effected by a road vehicle registered
        . in the Contracting Party where the point of loading or
           the loading station is located , for the initial road
           haulage operation , and
        . in the Contracting Party where the unloading station or
           the point of unloading is located , for the terminal road
           haulage operation .
                                                                     4?
 ---pagebreak---                                       10
                                  SECTION III
                       DOCUMENTARY PROOF :   INSPECTION
                                   Article 4
 1 . The liberalization of combined carriage for hire or reward shall
      be contingent upon production by the carrier , on request , of a
      consignment note as laid down in Article 4 et seq . of the
      Convention on the Contract for the International Carriage of
      Goods by Road ( CMR ), or any other document giving at least the
      following information :
      > name and address of the consignor ;
      - place and date of acceptance of the goods for transport ;
      - place at which the goods are to be delivered ;
      - route to be taken ;
     - frontier crossing points .
2 . In addition to the particulars specified in paragraph 1 , the rail
      loading and unloading stations must be specified and proof given
      that :
     - in the case of the initial            road section , the railway
        authorities or a body authorized by them has made a reservation
        for the transport by rail of the road vehicle , and , where
        required by the competent authorities of the Contracting
        Parties , the railway authorities or authorized body has
        received payment for it ;
     - in the case of a terminal section ,       the rail  section of the
        journey has actually been completed .
                                                                      u>
 ---pagebreak---                                    11
3 . When a   trailer or semi - trailer  belonging to an undertaking
    engaged   in own-account combined    transport is drawn on the
    terminal  section by a tractor unit  belonging to the undertaking
    to which the goods are consigned or  to a road haulage undertaking
    working for hire or reward , this operation shall not require
    production of the document referred to in paragraph 1 , but other
    documentary proof of the rail journey must be provided .
                              Article 5
As regards vehicles registered in the Contracting Party concerned
this Agreement shall not affect the conditions applicable in each of
the Contracting Parties governing admission to the occupation of
road haulier and access to the transport market .
 ---pagebreak---                                       12
                                 SECTION IV
                      GENERAL ANO FINAL PROVISIONS
                                  Article 6
 The Contracting Parties shall communicate to the ECMT Secretariat ,
which shall inform the other Contracting Parties , the designation of
their competent authorities , the measures taken to Implement this
Agreement , and in particular those arising from Article 3 , and their
provisions as regards organization , procedure and means of control .
                                  Article 7
The competent authorities of the Contracting Parties shall ensure
that carriers comply with the provisions concerning them adopted 1n
pursuance of this Agreement .
They shall inform each     other , in accordance with their respective
laws , of Infringements    of the said provisions committed in their
territory by carriers      established In the territory of another
Contracting Party and of    any penalties Imposed .
                                  Article 8
A list reflecting the present situation as regards rail loading
and / or unloading stations based on information supplied by the
Contracting Parties , is annexed to this Agreement . This list shall
in particular indicate , for each station used for combined
transport , In the framework of this Agreement , the equipment at its
disposal for handling road vehicles . Any plans under consideration
by the Contracting Party directly concerned which entail an
alteration   to  this  list   shall  be  communicated , before they are
implemented , to the ECMT Secretariat , which shall inform the other
Contracting Parties thereof .
The ECMT Secretariat shall regularly consult all the competent
authorities in the Contracting Parties and shall update the list on
the basis of these consultations .
 ---pagebreak---                                        13
                                   Article 9
  1 . If the operation of this Agreement or the measures taken under
       Article 6 or any differences with regard to planned alterations
      to the list of stations referred to in Article 8 should so
       require , each Contracting Party may request that a meeting of the
      parties to the Agreement be convened for the purpose of examining
      the solutions proposed .
 2 . Requests to convene a meeting , as referred to in paragraph 1 ,
      shall  be submitted to the ECMT Secretariat .
 3 . The ECMT Secretariat shall           immediately inform the other
      Contracting Parties of any requests under paragraph 2 ; unless
      such a request for convening a meeting is withdrawn within four
      weeks the ECMT Secretariat shall , at the end of this period , fix
      the date and place of the meeting on behalf of the chairman in
      office since the last plenary meeting .
4 . The chairman of the meetings referred to in paragraph 1 shall be
      provided alternately by the European Economic Community and
      another Contracting Party designated for this purpose .
                                 Article 10
The provisions of Article 3 shall not apply where more liberal
treatment is provided for by agreements or other arrangements
concluded between two or more Contracting Parties before or after
this Agreement enters into force .
 ---pagebreak---                                        14
                                    SECTION V
                   APPROVAL OR RATIFICATION OF THE AGREEMENT
                                  Arti cl e 1 1
 1 . This Agreement shall be drawn up In a single copy , in French .
      It shall be deposited 1n the archives of the ECMT Secretariat ,
      which shall transmit a certified copy to each of the Contracting
      Pa rt1 es .
 2 . This Agreement shall be approved or ratified by the Contracting
      Parties 1n accordance with their own procedures . The instruments
      of approval or ratification shall be deposited by the Contracting
      Parties with the Secretariat of the ECMT .
3 . In addition to the signatory Contracting Parties , each State
     which is a member of the ECMT within the meaning of Article 4(1 )
     of the Protocol of that Conference may accede to this Agreement ,
     once     it  has  entered   into   force , 1n accordance with  the
     Contracting Party 's own procedures . The instruments of accession
     shall be deposited with the Secretariat of the ECMT which shall
     inform the other Contracting Parties .
4 . Once four Contracting Parties , of which the European Economic
     Community shall be one , have approved or ratified it , this
     Agreement shall enter into force on the first day of the third
     month following the date on which the instrument of approval or
     ratification is deposited .
5 . The Agreement shall enter into force , for each Contracting Party
     which approves , ratifies or accedes to it after the entry into
     force provided for under paragraph 3 , on the first day of the
     third month following the date on which the Contracting Party
     concerned has deposited its instrument of approval , ratification
     or accession with the ECMT Secretariat .
 ---pagebreak---                                        15
                                  SECTION VI
                           DURATION OF THE AGREEMENT
                                  Article 12
 1 . This Agreement shall be concluded for a period of five years from
      its entry into force . The duration of the Agreement shall
      automatically be extended for successive periods of five years ,
      unless four Contracting Parties , of which the European Economic
      Community shall be one , revoke it .
 2 . Each Contracting Party may , for its part , revoke this Agreement
      with one year 's notice as from 1 January , even after it has been
     extended , by simultaneous notification of the other Contracting
      Parties through the ECMT Secretariat . However , the Agreement can ¬
     not be revoked during the first three years following its entry
      into force as provided for under Article 11(4 ).
                                  Article 13
1 . After this Agreement has been in force for three years under the
     conditions set out in Article 11 , any Contracting Party may , by
     means    of  a  notification  addressed  to  the  ECMT  Secretariat ,
     request the convening of a conference for the purpose of revising
     the Agreement . The Secretariat shall immediately inform the other
     Contracting Parties of the request and fix the date and place of
     the conference in agreement with the latter and convene this
     conference at the earliest possible date . The chairmanship at
     these conferences shall be subject to the provisions of Article 9
     ( 4 ), mutatis mutandis .
2 . The provisions of Article 11 shall apply to the approval or
     ratification of the revision of the Agreement agreed between all
     the Contracting Parties , and to the entry into force of the
     revised version .
                                                                        гч
 ---pagebreak---                                    16
  In witness whereof , the undersigned Plenipotentiaries have affixed
 their signatures below this Agreement .
 Done at                               ( date )
 For the Council of the European Communities ,
For the Government of the Republic of Finland ,
For the Government of the Kingdom of Norway ,
For the Government of the Kingdom of Sweden ,
For the Swiss Federal Council ,
For the Federal Executive Council of the Assembly of the Socialist
Federal Republic of Yugoslavia ,
 ---pagebreak---                                        17
                             PROTOCOL CONCERNING
           concerning the application of article 3 paragraph 2.b .
             in the territory cf the European Economic Community
 1 . The Contracting Parties hereby take note that , in the case of
      the E.E.C. , the conditions of application of the liberalization
     measures provided for in Article 3 paragraph 2.b . of the
      Agreement are as follows :
      - for a national road haulage operation ,        road  traction  is
        effected by a road vehicle registered
         . in the country where the loading station is located , for the
           initial road haulage operation , and
        . in the country where the unloading station is located , for
           the terminal road haulage operation ;
     - for an international road haulage operation , road traction is
        effected by a road vehicle registered
        . in the country where the point of loading or the loading
           station is located , for the initial road haulage operation ,
           and
        . in the country where the point of unloading or the unloading
           station is located , for the terminal road haulage operation .
2 . A road vehicle registered in a Member State of the European
     Economic Community and authorized under Community law to effect
     initial and terminal road transport operations in the Member
     States referreo to in the first paragraph 1 of this Protocol
     shall be deemed to fulfil the requirements laid down in that
     paragraph .
                                                                          2 t
 ---pagebreak---                                      18
                            PROTOCOL CONCERNING
             rules applicable to combined transport operations
                          to or from Yugoslavia ,
                as well as in transit through that country
 The Contracting Parties ,
 TAKING INTO CONSIDERATION the present situation as regards combined
 transport operations carried out on traffic links to or from
 Yugoslavia , as well as in transit through its territory ,
 HAVE AGREED UPON the following provisions , which are annexed to the
 Agreement :
 1 . By way of derogation from Article 3 of the Agreement , the initial
     and terminal road operations carried out on Yugoslav territory to
     or from the station of Ljubljana shall be free of all
     authorizations and quota restrictions within the geographical
     area shown on the map attached , which forms an integral part of
     this Protocol .
2 . The initial and terminal road journeys referred to in the
     preceding paragraph shall be limited to one road train operation
     on the outward and return journeys between two rail operations .
3 . The initial and terminal road operations on Yugoslav       territory
     outside the zone as shown on the attached map shall be   subject to
     authorization and quota restrictions 1n accordance        with the
     provisions of Yugoslav regulations or bilateral          agreements
     entered Into by Yugoslavia .
4 . The restrictions In this Protocol shall not apply to the carriage
     of containers as defined in Article 2 of the Agreement .
 ---pagebreak---                                                                     L
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 ---pagebreak---                                       1
                                 FINAL ACT
 The PI eni potenti aries
 of the Council of the European Communities ,
 of the Government of the Republic of Finland ,
 of the Government of the Kingdom of Norway ,
of the Government of the Kingdom of Sweden ,
of the Swiss Fédéral Council ,
of the Federal Executive Council of the Assembly of the Socialist
Federal Republic of Yugoslavia ,
meeting at                            , on
for the signing of the Agreement on the International Combined
Road-Rail Carriage of Goods ( ATC ) have , on signing that Agreement ,
taken note of , and adopted , the following Declarations which are
annexed to this Final Act :
                                                                   гр
 ---pagebreak---                                     2
 1 . Joint Déclaration    on cross-frontier     coopération on combined
     t r ansport ;
2 . Joint Declaration concerning the responsibilities of the European
     Conference of Ministers of Transport ;
3 . Joint Declaration on the Protocol concerning the application of
     Article 3 paragraph 2.b . in the territory of the European
     Economic Community ;
A. Declaration by the Swiss Federal Council relating to the Protocol
     concerning the application of Article 3 paragraph 2.b . in the
     territory of the European Economic Community .
Done     at                            ( date )
For the Council of the European Communities ,
For the Government of the Republic of Finland ,
For the Government of the Kingdom of Norway ,
For the Government of the Kingdom of Sweden ,
For the Swiss Federal Council ,
For the Federal Executive Council of the Assembly of the Socialist
Federal Republic of Yugoslavia ,
 ---pagebreak---                                    3
           Joint Déclaration on cross - fronti er coopération
                         on comblned transport
Within the framework of this Agreement , and In order to rationalize
and promote combined transport , the States concerned shall consult
one another on any plans to set up new stations which could result
In the crossing of a frontier by road In the course of an
International road-rail combined transport operation . If one of the
States  concerned  Is  a   Member  State   of   the  European Economic
Community a representative of that Community shall also be Invited
to attend the consultations .
                                                               3 1
 ---pagebreak---                                       4
           Joint Déclarât i on concerni no the responsibilities
         of the European Conference of Ministers of Transport
The Contracting Parties and the Sec re ta ry - Ge nera 1 of the European
Conference    of Ministers     of  Transport   hereby    agree  that the
Secretariat of the ECMT shall carry out the tasks assigned to it
under the Agreement .
 ---pagebreak---                                    5
                   Joint Declaration on the Protocol
       concerning the application of Article 3 paragraph 2,b .
          in the territory of the European Economic Community
The Contracting Parties hereby declare that , at the request of one
of the Contracting Parties , they will examine the impact of
Community law relating to the freedom to provide transport services
on the implementation of the Agreement and , where appropriate , the
adoption of measures in accordance with the procedures provided for
in Article 13 .
 ---pagebreak---                                      6
                Declaration by the Swiss Federal Council
                                relating to
                the Pro t ocol concerning the application
                            of Article 3 ( 2 ) ( b )
          in the territory of the European Economic Community
Concerning this Agreement , the Swiss Federal Council 's starting point
is that the Protocol concerning the application of Article 3 ( 2)(b )
in the territory of the European Economic Community has no other
purpose but to allow the Council of the European Communities a
transitional phase until Article 3 ( 2)(b ) can be fully applied .
                                                                    ^ L
 ---pagebreak---                   ANNEX I
             AGREEMENT
OK THE INTERNATIONAL COMBINED ROAD-RAIL
        CARRIAGE OF GOODS      ( ATC )
              LIST OF STATIONS
                *         *
         ( presently under revision )