CELEX: 51981PC0520
Language: en
Date: 1981-09-22
Title: Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 3164/76 on the Community quota for the carriage of goods by road between Member States (submitted to the Council by the Commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(81)520 final
                                             Brussels , 22 September 1981
                                   Proposal for a
                           COUNCIL REGULATION ( EEC )
        amending Regulation ( EEC ) No 3164 / 76 on the Community quota
          for the carriage of goods by road between Member States
                ( submitted to the Council by the Commission )
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                              m       ■        .■.v " .
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                                        Ils   ?>•■"
C0M(81 ) 520 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM   •
    I. INTRODUCTION
1 . Council Regulation No 3164 / 76 of 16 December 1976     stipulates that the
                    ...   ..
    Council , acting on a proposal from the Commission, shall decide , by
    30 November of each year , on any increase in the Community quota and on
    the allocation to the Member States of the extra authorizations resulting
    therefrom .                                           "
2 . The proposal which the Commission is submitting to the Council in order
    to adjust the Community quota for 1982 is intended to permit a change
    of this type ; this proposal takes into account :
    ( a ) the outcome of discussions within the Community 's Institutions concerning
           the change in the quota for 1981 which did not lead to a Council decision
           accepting the increase proposed by the Commission ;
    ( b ) the analysis of the general economic situation, the current situation
           in the transport market , the short-term forecast of transport demand
           trends and the consultation , by the Commission of socio-economic circles
           and government experts .
3 . From all this , the Commission concluded that , in view of various factors
    such as the economic situation in general and the situation of the transport
    market in particular , the extent to which the conditions of competition
    are harmonized, trade requirements and the productivity of the road hauLage
    system , the change in the Community quota should be seen in a sufficiently
                                                                 »
    wide and balanced context .
    From this viewpoint , the Community quota should be able
    Ca ) to help ensure some balance between transport supply and demand by
           avoiding the creation of excess capacity which generally causes cut­
           throat competition, and
                                                                                    ./.
         0J L 357 of 29 December 1976 , p. 1 .
 ---pagebreak---                                         - 2 -
                                                         /
       ( b ) to promote Community integration in the freight transport sector by
             gradually          demantling the restrictions on the freedom to
             offer transport services between the Member States .
      II . THE COMMUNITY QUOTA AND ADJUSTMENT OF SUPPLY TO DEMAND IN THE TRANSPORT
             SECTOR
 4 . For the Community quota tp help achieve the aim of aligning supply with
      demand in the transport sector, the capacity put on the market for the
      international carriage of goods by road under. Community authorizations must
     not pu rely and simply supplement that already authorized by bilateral
      agreements , but must form part of a broader context enabling the two
      systems to be linked .
5 . The Commission is also aware of the fact that the aim of aligning supply
     with demand in the transport sector should not be conceived by artif ic ia I ly
      isolating the road transport sector but should be placed in the wider
     context of the whole surface transport market .       This should make it
     possible to take into account the extent to which existing transport
     capacity is used and the physical potential scope of each mode of transport
     for satisfying both quantitatively and qualitatively, its potential transport
     demand in a competitive market guaranteeing the user a free choice .
                                                   . ^                  .4
6 . As stated in greater detail below , to adjust the Community road transport
     quota for 1982 , the Commission has taken as its basis the forecasts of
     the trend in overall demand for the carriage of goods and its foreseeable
     distribution among the modes of transport .
     In view of the findings of statistics on the use of Community authorizations
     and the business surveys conducted among road hauliers as part of the
    monitoring of the transport market , the Commission is convinced that road
     haulage will not be able to satisfy the transport demand placed on it
     unless it obtains an increase in both bilateral and multilateral transport
    authorizations within the limits set out below .
      )
                                                                                     ./.
 ---pagebreak---                                      - 3 -
7 . The Commission is unable to give any opinion on the ability of the other
    modes of surface transport to absorb the additional volume of demand
    which may arise in 1982 as it does 4iot have sufficient information since
    only part of the market observation system is operative .
     In the coming years , the Commission plans to supplement its market analysis
     for the annual adjustment of the Community quota by examining the rate
    of use of the capacity offered by inland waterways and the railways and
    the possible effects of this situation on the distribution of demand
    among the various modes ; it will take into account the type of goods to
    be carried and whether alternatives can be found for this traffic .
    III . THE COMMUNITY QUOTA AS AN INSTRUMENT FOR PROMOTING COMMUNITY INTEGRATION
          AND IMPROVING PRODUCTIVITY
8 . Within the limits of the quota currently in force , the Community authorizations
    are a means of abolishing , at least in part , the restrictions which still
    apply to non-resident hauliers in conducting international transport
    operations between Member States other than that in which the vehicle is
    registered .
    Through the Community authorizations , the hauliers have equal access to
    the carriage of goods between Member States , regardless of nationality .
    The Community quota is therefore a powerful integrating factor and its
    importance must be underlined .
    At the economic level , as the Community authorization enables the holder 's
    vehicles to travel freely throughout Community territory, it promotes ....
    multilateral transport operations and improves the operational flexibility-:
    and productivity of the vehicles used .
    The Community authorization thus has undeniable advantages compared with
    bilateral authorizations , as regards both consistency with the principles
    of the Treaty of Rome and the rational and efficient organization of the
    international carriage of goods .
                                                                                  ■/■mm
 ---pagebreak--- . At present , the Community quota covers some 5% of the total volume of goods
   carried by road .
   In view of the advantages referred to above , the Commission considers that
   this rate should be stepped up and that the Community quota should be
   substantially increased .
  The Commission therefore feels that in 1982 at least 50% of the volume of
  traffic generated by the foreseeable increase in demand for road haulage
  should be reserved for the Community quota .
  If this allocation were accepted by the Council , the Member States would
  have to take account of this situation when adjusting the quotas continuing
  to be assigned under bilateral negotiations in accordance with the criteria
  laid down in the Council Decision of 20 December 1979 .
  IV . THE DATA USED FOR CALCULATING THE COMMUNITY QUOTA FOR 1982
  Bearing in mind the criteria referred to in the previous section , the
  volume of the additional Community quota for 1982 has been calculated
  according to the following information at the Commission 's disposal :
  ( a ) The foreseeable trend in total demand in 1982 and breakdown by mode of
        surface transport
        The first forecasts drawn up for 1982 as part of the market observation
        system applied by the IFO Institute , Munich , show an increase of around
        9 million tonnes of goods to be carried on intra-Community links by all
        modes .
                                  «
        The increase for each mode is as follows :
        Road :  4 million tonnes
        Rail :  1 million tonnes
        Inland waterways : 4   million tonnes .
 ---pagebreak---                                                       - 5 -
          It is assumed that this new tonnage will primarily be of interest                                               to
          professional road hauliers .                     It is clear that part of this total will
          be accounted for by own account transport ; however , this proportion
          will be used for purely adjustment purposes , which will take place
          ex post .                                                                                                 A
( b ) The use made of the capacity available for the transport of goods by
      , road between Member States , atcording to the latest figures
          The business enquiries made of international road hauliers under the
          market observation system indicate that , overall , the extent to which
          capacity is used is considered satisfactory .                          There were more replies
          indicating that more of the capacity is used than in the past than
          there were replies indicating a drop in the rate of use .                                      Similarly ,
          the number of replies in which it was considered that the rate of use
          of capacity is normal was relatively stable ( see graph below ).                                          In
          1980 , when growth was mediocre - particularly compared with 1979 -
          there was a drop in the balance between positive and negative replies
          although it is still not possible to talk of excess capacity .
         44 1 444. 1 I- ; 4 ~η: η ^:[Τ.τ:ι 1.14444 ι ,. μ,
     i– –1– 1 – i–i- Rate capacity use in intra-dommunity transport
     LI .!... I ...... ....1....U4..I.4... . (Business survey)                            . ,<                               i ...i ;
•              !                          :                        :       :        I                   ,         .               !
     L_. 50 – v - – – – - –                   - –- – – – -r– –f- – –                f–- – – r–                        ––r-•- –~
      L . I. .. .n..                  !...                                        ,L.              ,                  . 4..:..
       I     40 1_L                    is -T                                        1 4.        ,      | .-ri- I          i
       i I 1 | i                                i !♦ : i     : 1i        I      Befbre 1980 : 4 Merrlbef State^ only
         _ 2jd        _____ __.-A                   ^                                                            - ____
                                                r                                      -- "■ i-                               -
                   3/79 4/ 79 1 / 80- . i/.ab.. b^b-isoil Jsi!                    . L ... L ...L . ELf.J ....
                        ί   I  Ί Ί      ι   Τ: Γ Γ Γ Ί 7 ι            ΐ   ι ■ ;        ·· ι   ι: :   -      ,  |
                          Norma l use r -rj––-j                j        Balance of replies indicat+M
         L.      j– ....:               ; 1;■           1:     j'    ' increase and replies indic ating a 'drop
                 i     . . I : I :: I 4 :;::            !. n . i i    i: I            ! : | -r ,            I           i4 : I ;
                                                                                                                              •tamm
 ---pagebreak---                                        - 6 -
 ( c ) Trend in freight rates on traffic Links between the Member States
        The reports of the Road Haulage Tariffs Commi ttee contain information
        on the rates for the carriage of goods by road between Member States
        conducted on the basis of the system of compulsory tariffs .       This
        system is in force between the six original Member Stat&s .      The rates
        should be situated within a 23% bracket .     Rates outside this bracket
       are tolerated if agreed to under special contracts meeting specific
        conditions .
       It has been established that there is an increasing tendancy for the
        rates to fall within the bracket and that the number of special contracts
        is decreasing .    It may therefore be assumed /that , under the pressure of
       costs , the rates in a large number of special contracts have come within
       the tariff bracket .     On several links , the rates are close to the
       bracket ceiling .
       As in the previous point , it may be concluded that the price trend
       does not indicate that, the market is being invaded by excess capacity
       which could have an adverse effect on rates .
( d ) Calculating how much extra capacity to put on the market to ensure that
       the extra traffic resulting from an increase in demand is carried
       ( i ) To calculate how much new capacity has to be put on the market , the
             volume of traffic not subject to Community quotas first has to be
             deducted from the forecast increase .
              . In practice , as a first approximation, we must deduct the increased
                volume of category NST 6 goods ( sand and gravel ) carried under quota
                - i.e. 1 million t or some 25% of traffic .    Most of this category
                of goods is carried over very short distances on either side of a
                border .
             . The volume of goods carried by professional road hauliers under
                the first directive , but excluding category NST 6 goods , should
                also be deducted .  But the data so far available indicate that
                the tonnage involved is insignificant in proportion to the market
                as a whole and to other sources of error affecting this estimate .
           , The total volume that might be affected by Community authorizations
             in 1982 therefore comes to about 3 million t .
 ---pagebreak---                                                                 - 7 -
         ( ii ) This extra volume will be carried mainly under Community and / or
                       bilateral authorizations .                         In view of the respective advantages
                       of these two types of authorization and the various national
                       positions on the subject , we consider that half the extra volume
                       should be carried -under bilateral , and half under Community
                       authorizations , giving + 1,5 million t to be carried under the
                       latter .
( e ) Calculating the number of additional Community authorizations required
        to cover the foreseeable increase in demand v
     -- Tins
        This           depends          on the extent to which Community authorizations have been
        used           in the past .
        A trend analysis of the data on the rate of use of Community authorizations
        indicates that the rate for 1981 will be some 2 100 t / authorization .
        However , the incomplete figures available for 1980 indicate that there
        was a drop between 1979 and 1980(approximately 1 900 t / authorization in
        1980 ).
        The simple trend analysis must therefore be corrected; it must be assumed
        that the rate of use in 1'981 will not exceed the 1979 level ( i.e. +_ 2 020 t /
        authorization ).                     This suggests that the rate for 1982 will be about
        2 070 t / authorization ).                                                                         *
         ■
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                     i                                                          ■ ii :    t - ·
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                1500                                Rate of       u se    of Ce>mm un ity aijth or iza ti                          ons
                                I               Ί                                                        I
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                                ι                 1                                ' ■ t '■                                   1         !
                              19713      i 7 4 1 75 ! 76                7 7 1 rai :: '91 80                              £ 1 t iz l·'
  The number of authorizations to be added to the Community quota in 1982 will
  therefore be :
                                     1 500 000 t = 72Q
                                       2 070 t                ■■■
 ---pagebreak---                                          - 8 -
       V. DISTRIBUTING THE EXTRA COMMUNITY QUOTA BETWEEN MEMBER STATES
 10 . The experience of recent years has shown that it is very difficult to find
       criteria for distributing the Community quota which meet with the unanimous
       agreement of all the Member States and which are not contested at the
       economic  level .
                                       !              '■
       Indeed, the establishment of distribution criteria based on the nationality
       of the haulier is in itself open to criticism if it is borne in mind that
       the authorization allows the holder to conduct transport operations
       throughout the Community and not only from the country in which the vehicle
       is registered .   The most appropriate solution could have been to centralize
      the applications and have the distribution made by a single authority using
      a classification based on objective criteria ( utilization of the authorization
      average profitability of transport operations , etc .).
                                                                                       I
      However, there appears to be no possibility of achieving this at present ,
      if only because the conditions of competition between road hauliers have not
      yet been fully harmonized .
11 . The Commission thus supports the view that the system of distributing the
      Community quota between Member States should be maintained, at least for,
      the time being .    For the same reasons of convenience, the Commission also
      embraces the principle that the distribution of the current quota ( 1981 )    '•
      should not be revised so as not to jeopardize , the political compromises
      which were painstakingly achieved .     The examination of the distribution
      criteria should therefore deal only with the extra authorizations for 1982 .
12 . In its investigations , the Commission rejected a linear increase as it feels
      that this is of a political nature and has no economic justification; it
      thus tried to find less arbitrary criteria .
      The Commission is therefore of the opinion that the first factor to be
                                                            \
      considered could be the idea of establishing a ratio between the number
      of extra authorizations to be allocated to each Member State and the
      breakdown of transport demand on the various traffic links between Member
                    /.
                                                         \
 ---pagebreak---                                          - 9 -
      States ( taking account of the volume of transport demand for experts in
     each Member State ) .
13 . The second factor to be considered, in the Commission 's view , is the     . ,
     average use made by each Member State of the Community authorizations
     allocated to it .   A factor of this type, which would have a corrective
     effect on the above criterion, is indeed likely to reflect the use of
     capacity covered by Community authorizations and the ratio between it and
     transport demand : a very high coefficient of utilization could then be con­
     sidered as indicative a scarcity of supply and an urgent need for extra
     authorizations as compared with road hauliers in a Member State with a
     lower rate of utilization .
     However , this factor must be corrected to cater for the geographical
     conditions in certain Member States where road hauliers are handicapped
     by the need to overcome natural obstacles such as sea or the Alps .
     Assuming that this handicap is reflected in practice by a lower number of
     transport operations , the Commission considered weighting the tonnes / km
     per authorization by a distance coefficient which takes account of each
     Member State 's geographical position in relation to its partners and
     restores the condition of parity with its competitors .     The Commission
     has also accepted that , in the temporary absence of any statistics
     concerning Greece , this Member State will receive the same number of
     extra licences as Ireland, a country whose situation is comparable to that
     of Greece .
     The application of these criteria in practice leads to the following
     calculations :   <      >  '
     (a ) Share of trade
          Each Member State 's share of trade has been calculated from the
          tonnage exported to the other Community countries , with the exception
          of Greece , in 1979 .   The structure of exports is stable in time and
          it may be assumed that it is very much like the structure for 1982 .
 ---pagebreak---                                             - 10 -
       Tonnage exported by road to other Community countries except Greece
               Germany                         40 397 000 tonnes
               Belgium                         34 223 000
               Luxembourg                        1 304 000
               Netherlands                     31 953 000
               France      1                   32 419 000
               Italy                           10 544 000
               United Kingdom                    7 488 000
               I reland                             865 000      "
               Denmark                           3 975 000
      Taking the trade share coefficient as the proportion of total exports
      accounted for by the exports of each Member State , this coefficient
      works out as follows :
              Germany                          0 / 247
              Belgium                          0,210
               Luxembourg                      0,008
              Netherlands                      0,196
               France                          0,199
               Ita ly                          0,065
              United Kingdom                   0,046
               Ireland                         0,005
               Denmark                         0,024
                                               1
  (b) Use of authorizations
       ( i ) The use of Community authorizations in tonne-kilometres2 is as follows :
              Germany                          1 991   tkm / authorization
              Belgium                         1   540   "
              Luxembourg                      1   103   :·
              Nether lands                    1 576     "
              France    .                     1   410   "
                                              2 216     "
              italy      ^
              United Kingdom              '   1 281     "
              I reland                        1   201   "
              Denmark                         2 785     "
                                                                                    •/•••
1                                                                         .
   Source : Data by          IF0 , Munich covering all categories of goods . The distribution
                between Belgium and Luxembourg was based on S0EC data available for 1977 .
 'Source : Statistics on the Community quota .
 ---pagebreak---                                      - 11 -
          ( ii ) These figures are adjusted to take into account the disadvantages
                  suffered by some Member States as regards access to' the economic
                  centres of the Community .    The access difficulties are measured
                  by the average travelling time between a country 's main cities
                  and Frankfurt .
                  The following cities have been selected :         •
                  Germany           Stuttgart , München , Hamburg, Hannover, Köln
                  Belgium           Bruxelles , Antwerpen
                  Luxembourg        Luxembourg
                  Netherlands       Amsterdam , Rotterdam , Den Haag
                  France            Paris , Lille , Lyon, Bordeaux , Marseille , Nantes ,
                                 i  Strasbourg
                  Italy             Milano, Torino , Genova , Firenze , Bologna , Roma ,
                                    Napoli , Palermo
                  United Kingdom    London, Birmingham , Leeds , Liverpool , Newcastle ,
                                    Glasgow , Belfast                                    ,
                  Ireland           Dublin, Cork
                  Denmark           Kdbenhavn, Aarhus
                  The average time taken for a road vehicle to travel from each
                                                                            1
                  country to the centre of the Community is as follows :
                  Germany            4.8 hours , i.e .   4.2%
                  Belgium            5.7 hours , i.e .   5  %
                  Luxembourg         4.1 hours , i.e .   3.6%
                  Netherlands        7    hours , i.e .  6.2%
                  France            11    hours , i.e .  9.7%
                  Italy             17.9 hours , i.e . 15.7%
                  United Kingdom    20.3 hours , i.e . 17.9%
                  Ireland           29.8  hours , i.e . 26.2%
                  Denmark           13.1 hours , i.e . 11.5%
                  If the average use of each country 's licences in t / km is adjusted
                 .to take account of access difficulties in the following way ( see
                  point 13 above) :
                  Adjusted use = recorded use (1 + 7. of total access time )
1
  According to the study conducted by tne Batelle Institute in December 1979 at
  the request of the Di rectorate-Genera l for Transport : "Beurteilungskriterien
  und Verkehrslenkungsmassnahmen für die Verkehrswege von gemeinschaftlicher
  Bedeutung in der EG " - not published .
  The corrections obtained are fully comparable with those which could be made
  on the basis of the study conducted by the NEI Institute in March 1977 at the
  request of the Directorate-General for Regional Policy : " Quantification of
  the Markets and Transport variables " ( study not yet published).
 ---pagebreak---                                     - 12 -
               then the figures of use applied will be :
               Germany            2 074 t / km per authorization - i.e. 12.4% of total use
               Belgium            1 617                                  9.7 %
               Luxembourg         1   142                                6.8%
               Netherlands        1 673                                 10   %
               France             1 546                                  9.2%
               Italy              2 564                                 15.3%
               United Kingdom     1 510                                  9.1%
               Ireland            1 515                                  9   %
               Denmark            3 105                                 18.5%
( c ) Distribution of new authorizations
      The distribution is made by taking into account each country 's share
      of trade and the corrected figure for use of licences and incorporating
      a distance criterion :
      Allocation of new licences : total number of licences x
                      ( 0.6 x % of a country 's use rate compared with total use
                        + 0.4 x % of total exports accounted for by that country ).
      i . e .:
                             Number of new licences
      Germany                             125
      Belgium                            102
      Luxembourg                           32
      Netherlands                          99
      France              i                97
      Italy                                85
      United Kingdom                       53
      Ireland                              40
      Denmark                              87
                                                                                  •tm mm
                                                                                  m!mmm
 ---pagebreak---                         - 13 -
If Greece is given as many new Licences as Ireland, the Member States
will have the following number of licences in 1982 :
Germany            814 licences
Belgium            515
Luxembourg         138
Netherlands        696
France             724      "
Italy              624
United Krngdom     471
Ireland            116
Denmark            373
Greece            *116
 ---pagebreak---                 PROPOSAL FOR A COUNCIL REGULATION
         amending Regulation (EEC ) No 3164/76 on the
         Community quota for the carriage of goods by­
               road between    Member  States
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
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 ( l ),
Having regard to the opinion of the Economic and Social Committee ( 2 ),
Whereas the introduction of a common transport policy entails inter alia the
establishment of common rules for the carriage of goods by road between
Member States ; whereas these rules must be drawn up so as to help bring
about a common transport market ;
Whereas the system of Community authorizations for the carriage of goods by
road between Member States promotes the establishment of a common transport
                    , by
market of this type / ensuring the free provision of services for the inter­
national carriage of goods by road throughout the Community and the gradual
abolition of restrictions on the admission of non-residents to the international
road haulage market by allowing road haulage operators from all Member States
to have eqaial access regardless of nationality ;
(1)0J
( 2)0J
 ---pagebreak---                                        - 2 -
Whereas the quota provided for in Council Regulation (EEC ) No. 3164/76 ( 1 ),
                             as last amended "by Regulation (EEC ) No. 305/81 ( 2 ),
   must -be adjusted every year ;
Whereas an adjustment of this type should take account of road haulage require­
ments "between Member States and the need to promote Community integration and
should attempt to achieve a certain balance between supply and demand in the
                               therefore
transport sector ; whereas it       / appears appropriate to take account of the
results of the transport market observation system established by the Commission ,
HAS ADOPTED THIS REGULATION :
                                                                                     • /• • •
(1 ) OJ L 357 of 29.12.1976 ,- p. 1
( 2 ) OJ L 34 Of 6.2.1981 , p. 1
 ---pagebreak---                                      - 3 -
                                   Article 1
Article 3(1 ) and ( 2 ) of Regulation ( EEC ) No 3 1 64 / 76 are hereby replaced
by the following :
 "1 .     The Community quota shall consist of 4*587 authorizations .
  2.      The number of Community authorizations allocated to each Member State
      shall be as follows :
          Belgium                :       515
          Denmark                :       373
          Germany               i        814
          Greece                 :       116
          France                 î       724
          Ireland                s       116
          Italy                  :       624
          Luxembourg             :       138
          Netherlands            s       696
          United Kingdom         :       471   "
                                   Article 2
 This Regulation shall enter into force on 1 January 1982 .
 This Regulation shall be binding in its entirety and directly applicable in
 all Member States .
 Done at Brussels .                                              For the Council
                                                                 The President