CELEX: 51990PC0064
Language: en
Date: 1990-03-16
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE INTRODUCTION OF THE FINAL REGIME FOR THE ORGANISATION OF THE MARKET FOR THE CARRIAGE OF GOODS BY ROAD

No C 87/4                              Official Journal of the European Communities                                       5. 4. 90
                                                              II
                                                       (Preparatory Acts)
                                                 COMMISSION
              Proposal for a Council Regulation (EEC) on the introduction of the final regime for the organ-
                                  ization of the market for the carriage of goods by road
                                                      COM(90) 64 final
                                    (Submitted by the Commission on 19 February 1990)
                                                         (90/C 87/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 75
                                                                                               Article 1
thereof,
                                                                   This Regulation shall apply to all road haulage oper-
                                                                   ations on Community territory whether carried out:
Having regard to the proposal from the Commission,
Having regard       to   the  opinion   of   the   European        — within a Member State,
Parliament,
Having regard to the opinion of the Economic and                   — between Member States.
Social Committee,
Whereas pursuant to Article 3 (3) of Council Regulation
                                                                                               Article 2
(EEC) No 3164/76 ( l ) as amended by Regulation (EEC)
No 1841/88 (2), the Council is required to take a                  1.    For the purposes of this Regulation, a crisis shall be
decision on what measures to apply in the event of a               taken to mean the existence in the hire-or-reward road
crisis in the road haulage sector;                                 haulage market of a serious and potentially enduring
                                                                   imbalance between supply and demand causing:
Whereas it is therefore essential to introduce a
Community safeguard mechanism to deal with, and
resolve, any crisis in the market;                                 — a clear excess of supply of transport capacity over
                                                                       demand, and
Whereas provision should accordingly be made for
taking action to resolve a crisis, and whereas an appro-
priate decision-making procedure should be set up, the             — failure to cover the average costs of a properly
type of measures that may be applied in the event of a                 managed undertaking, so that the financial stability
crisis should be specified and steps should be taken to                and survival of a significant number of undertakings
ensure that the statistics needed for the application of the           is compromised, provided that the short-term and
safeguard clauses are available;                                       medium-term forecasts for the market in question do
                                                                       not     indicate     any      substantial   and     lasting
                                                                       improvements.
Whereas it should be specified that the provisions of this
Regulation are applicable without prejudice to the EEC
Treaty rules governing competition, and to Council
Regulation (EEC) No 4059/89 (3),                                   2.    The crisis may affect the whole of the road haulage
                                                                   market referred to in paragraph 1 or one of its
                                                                   component sectors where the transport activity in
                                                                   question mainly affects a specific geographical area in
0) OJ No L 357, 29. 12. 1976, p. 1.                                one or more Member States, or a specific product, type
O OJ No L 163, 30. 6. 1988, p. 1.                                  of activity, traffic link or vehicle category, if a substantial
O OJ No L 390, 30. 12. 1989, p. 3.                                 proportion of the Community market is involved.
 ---pagebreak---  5. 4. 90                              Official Journal of the European Communities                               No C 87/5
                          Article 3                               A Member State may refer the Commission's decision to
                                                                  the Council within 30 days of its notification. The
 Without prejudice to the provisions implementing                 Council, acting by a qualified majority, may take a
 Council Directive 78/546/EEC (l) and in order to be              different decision within 30 days following referral by
 able to monitor the market and detect a crisis, the              the Member State.
 Commission shall collect data on the following aspects of
 road transport:
                                                                                            Article 5
 — average costs and rates for the various types of              Without prejudice to the measures provided for in
     transport,                                                  Article 2 (5) of Regulation (EEC) No 4059/89, the
                                                                  Commission shall take whatever steps are necessary to
                                                                  resolve the crisis, provided that the implementation of
— number and structure of undertakings,                          such measures does not jeopardize the ending of quotas
                                                                 from 1 January 1993. The aims of such measures shall
— demand in the sector,                                          be, in particular, to:
                                                                 — temporarily limit the supply of transport capacity to
— employment trends in the sector,                                    the market in question,
— number, capacity and rate of utilization of vehicles,          — encourage undertakings to convert to other activities
                                                                      or their employees to redeploy out of the market in
                                                                      question, provided that these measures do not cause
— investment made by undertakings and their future                    an imbalance in another sector of the market referred
     investment plans,                                                to in Article 2 (2);
— vehicle sales volumes.                                         The Commission may make such measures subject to the
                                                                 restructuring of the undertakings concerned.
The Commission shall establish quarterly indicators on
                                                                                            Article 6
the basis of these data. Member States shall assist the
Commission in this task as required.                             When a Member State requests the Commission to find
                                                                 that a crisis within the meaning of Article 4 exists, it shall
                                                                 provide quantified substantive information enabling the
                         Article 4                               Commission to assess the situation, particularly the
                                                                 current and expected short- and medium-term values for
 1.    Where necessary, either at the request of a Member        the variables listed in Article 3.
State or on its own initiative, and acting in accordance
with the procedure set out in Article 8, the Commission
shall adopt whatever measures are necessary to resolve                                     Article 7
the crisis. The measures shall cover the road haulage
                                                                 The Commission shall be assisted by an Advisory
market as a whole or one of the sectors referred to in
                                                                 Committee composed of representatives of the Member
Article 2 (2).
                                                                 States and chaired by a representative of the
                                                                 Commission.
2.     Where a Member State makes a formal approach,
the Commission shall take a decision within 30 days of           The Committee:
receiving the request which must be duly substantiated
by the information referred to in Article 6 and any other        — shall monitor the situation in the transport markets
information the Member State considers relevant.                     referred to in Article 1 and advise the Commission on
                                                                     the subject,
The measures introduced under paragraph 1 shall not
                                                                 — shall, at the Commission's request, advise the
remain in force for more than 12 months. They may be
                                                                     Commission on any changes in the system of stat-
extended once by the same decision-making procedure.
                                                                     istics described in Article 3 that may be required to
                                                                     ensure the speedier and better detection of any
                                                                     imbalance in these markets,
3.     The Commission shall immediately notify the
Member States of the decision and communicate it to the
Council.                                                         — within the framework laid down by this Regulation,
                                                                     may be consulted by the Commission on any matter
                                                                     relating to the implementation of the Regulation.
(') OJ No L 168, 26. 6. 1978, p. 29.                             The Committee shall draw up its rules of procedure.
 ---pagebreak--- No C 87/6                            Official Journal of the European Communities                                5. 4. 90
                         Article 8                                                       Article 9
Where the procedure defined in this Article is used, the       Member States shall take whatever steps are necessary to
representative of the Commission shall submit to the           implement this Regulation and shall inform the
Committee a draft of the measures to be taken. The             Commission thereof.
Committee shall deliver its opinion on the draft within a
time limit which the Chairman may lay down according                                     Article 10
to the urgency of the matter, if necessary by taking a
vote.                                                          By 31 December 1995 at the latest, the Council shall
                                                               examine, on the basis of a Commission proposal if, and
The opinion shall be recorded in the minutes; in               where appropriate subject to what conditions, this Regu-
addition, each Member State shall have the right to ask        lation should remain in force.
to have its position recorded in the minutes.
                                                                                        Article 11
The Commission shall take the utmost account of the            This Regulation shall enter into force on 1 January 1991.
opinion delivered by the Committee. It shall inform the
Committee of the manner in which its opinion has been          This Regulation shall be binding in its entirety and
taken into account.                                            directly applicable in all Member States.