CELEX: 51982PC0578
Language: en
Date: 1982-09-22
Title: Proposal for a COUNCIL REGULATION on the formation of rates for the carriage of goods by road between Member States (submitted to the Council by the Commission)

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COM (82) 578
Vol. 1982/0182
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
          /•                                         COM(82)578 final
                       A
                                 \                   Brussels , 22 September 1982
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                                        Proposal for a
                                     COUNCIL . REGULATION
                 on the formation of rates for the carriage of goods by road
                 between Member States
                         ( submitted to the Council by the Commission )
 COM ( 82 )    578 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
                    I.     GENERAL CONSIDERATIONS
1 . The Commission hereby presents to the Council its pre osal for
    a new rate-formation system for the international carriage of goods
    by road within the Community as from 1 January 198^. In submitting
    this proposal the Commission is aware that the Council will again be
    required to take a decision on one of the fundamental problems in
    the context of the common transport policy , since the rate-formation
    system is a key factor in determining the quality of the organizat­
    ion of the markets and of Community policy .
    The proposal is based both on the Commission 's concept of transport
    policy and on experience gained in applying Council Regulations
    117V68 and 2831/77 . The Commission has also obtained the opinion
    of the socio-economic circles involved and has consulted its Road
    Haulage Tariff Committee .
2 . The basic economic policy considerations underlying the proposal do not
    need to be set out in detail here j the Commission 's ideas on this
    subject are widely known . In its opinion none of the arguments or facts
    which might be marshalled against the idea of introducing a rate-formation
    system based on market economy principles is sufficiently convincing .
    Administrative rules , however well thought out , are no substitute for
    rates which are freely formed on markets subject to the free play of
    the forces of competition and which provide an objective instrument
    for providing information and guidance .
                                                                          • /• • •
 ---pagebreak--- Practical experience gained from the existence since i960 of a
tariff system confirms the above considerations . On the one hand ,
this experience has shown that in the present and the prospective
circumstances mandatory tariffs cannot seriously be regarded as
an instrument of common pricing policy in relation to the inter­
national carriage of goods by road . On the other , it has demonstrated
why the present system of reference prices has not fully achieved its
aims and has highlighted those areas where it therefore needs im­
proving .
3.1 . The system of compulsory bilateral and multilateral tariffs has
      failed mainly for the following reasons :
      - There has not been enough progress towards economic and
        monetary union , and the resulting differences in the way
        in which carriers' costs have developed in some Member States
        are such as to ensure from the outset the failure of any attempt
        to confine r~te formation within a straitjacket of compulsory
        tariffs applicable to the transport mode in question .
      - The many fluctuations in currency values have rendered the
        system of brackets difficult to maintain .
      - For years it has been noticeable that market forces have
        usually been stronger than imposed price-control systems .
      - The tariffs currently in force , which were formed along
        traditional lines have been overtaken by technical develop­
        ments in the transport sector . Examples of this are combined
        transport and logistic services .
 ---pagebreak---                                   - If -
3.2 . Experience has also shown that :
      - Compulsory tariffs have little effect on the rates actually
         charged . In fact in most instances compulse y tariffs acted
         as price recommendations ;
      - To monitor compliance with mandatory tariffs it is necessary
         to set up a large and costly administrative apparatus which
         determines increases in the costs of the services rendered
         and is reflected in the level of charges to customers ;
      - in those countries where checks are actually carried out ,
         the effectiveness of the checks is very uncertain because
         there are so many road haulage companies and operations to
         be monitored .
3»3 . The Commission is not unaware of the concerne which causes
       certain economic circles and some governments to defend a
       system of compulsory tariffs .
      However , if we take into consideration the general aims of the
       Treaty of Rome ( which calls for the establishment of free compet­
       ition ), the interests of the general public and the experience
       gained in the last few years , it is clear that , firstly , compulsory
       tariffs in theory are contrary to the principles of a market orientate <
       economy and ,, secondly , they cannot provide a lasting and effective
       solution to problems such as those of cut-throat competition and the
       distortion of competition .
      A solution to these problems should be sought before the rate-
      formation stage in the form of measures capable of eradicating
      the causes of market deterioration .
                                                                   • /• • •
 ---pagebreak---                          - ? -
The Commission feels that a system of recommended rates , in the form
of reference tariffs ? is the most suitable means of helping to establish
a climate of healthy competition . Such a system :
- can affect rate formation positively by providing carriers , particular­
  ly the smaller onep 3 with the data they need for the correct calculat­
  ion of carriage chaA*ges :
- does not require É vast and expensxve monitoring apparatus ; and
- encourages carriers and transport users to establish a dialogue
  in the process of catting up a system of contractually agreed charges
  which would seem to be the most effective way of avoiding a slump
  in transport rates-
Nevertheless , experience points to the conclusion that the system
introduced in 1977 has not entirely lived up to expectations . Two
possible reasons car. be advanced to explain this :
- The bilateral and multilateral solution - in practice a uniform
  system of recommerded rates for all transport operations between
  the original and the new Member States as well as among the latter -
  ran into the same difficulties as the system of compulsory tariffs
  which had also been established on a bilateral and multilateral
  basis .
- The methods used when establishing the tariffs were partly
  responsible for rates losing touch with the market .
The Commission considers that , with a few changes , these mistakes
could be avoided and that , by contrast with the system of compulsory
tariffs , the experiment with recommended prices should be continued .
 ---pagebreak---                                        - 6-
If . Whilst preparatory work was being done on this proposal , some government
     experts expressed the fear that if tariffs were liberalized this would make
     prices collapse and trigger off a wave of "dumping " rates . To allay these
     fears the Regulation provides for the possibility of laying down compulsory
     minimum tariffs in addition to the reference tariffs .
     The proposal permits the introduction of such compulsory tariffs on a per­
     manent basis , but the Commission feels that they should be introduced only
     after careful consideration and where strictly necessary . They could be
     limited , for example , to :
     - a given period ,
     - certain routes , or to
     - certain categories of goods .
     If such tariffs were to be introduced , but not as an exceptional measure in the
     light of particular difficulties , the proposal does provide for the possibility
     of concluding tariff agreements involving rates below the compulsory minimum
     rates .  In such circumstances , there is a real need for a "safety valve ".
5 . In connection with this new approach to rate formation the Commission has
     consulted the economic circles concerned and its Road Haulage Tariff
     Committee and has made use of learned studies on this question
     Users' and freight forwarders' representatives have stated that , subject to
     certain conditions , they could accept an approach of this type . The road
     hauliers' representatives particularly criticized the fact that the proposed
     rate-formation system has too few mandatory elements . The representatives
     of five Member States in the Road Haulage Tariff Committee were in favour
     of continuing the current system of compulsory tariffs whilst the delegates
     of the five other Member States were against maintaining compulsory tariffs .
     In view of the opinions summarized above , the Commission is well aware of the
     difficulties its proposal will encounter . Nevertheless , it particularly wishes
     to reaffirm that , in its opinion and in the light of its experience , a free
     rate formation system for the international carriage of goods by road would
     be the best solution . The proposed combination of recommended rate -       the
     form of reference tariffs as the general rule and the possibility of applying
     compulsory minimum tariffs may be regarded as a step in this direction .
1 ) Reference Tariffs for Goods Transport by Prof.R. WILLEKE,Prof . H. BAUM and
     Dr. ¥ . HOENER ( Studies Collection , Transport Series - No . 6 , a publication of
     the Commission of the European Communities ).
 ---pagebreak---                                          -
    Reference tariffs
7 . Reference tariffs are indicative and do not limit hauliers' freedom or
    responsibilities with regard to setting their rates . The role of
    reference tariffs is the neutral one of providing information and guidance
    on the basis of which a carrier and a user can agree on the rates for
    transport operations .
    The tariffs are fixed for each Member State and apply to all transport
    operations starting in the Member State concerned , regardless of the
    nationality of the carrier .
    This approach differs from the present principle of "bilateralism" and
    has the following advantages :
    - It reduces the number of tariffs in force in the Community to ten ,
      whilst under the bilateral system there could be as many as forty-five .
      The new tariffs are therefore easier to consult and disseminate .
    - As the recommended rates are fixed and modified in each Member State ,
      this guarantees great flexibility for and speedy completion of both
      procedures .
    - The new approach avoids the traditional difficulties arising out of
      fluctuations in currency partities as each tariff will be expressed
      in only one currency , that of the country of origin . Should another
      currency be chosen by the parties to the contract , the exchange rate
      quoted on the day on which the contract is concluded will apply , for
      conversion purposes .
    - It rules out the possibility of disputes arising between Member States
      and therefore all the attendant procedures and arbitration by the
      Commission .
    Compulsory minimum tariffs
8 . The minimum rates in these tariffs are binding on all parties to a
    transport contract for a service on the route or routes concerned ,
    irrespective of nationality .
                                                                          • /• • •
 ---pagebreak---                                   - g -
     Minimum rates of this type may be limited to a set period or to a
     few types of goods . The restrictions will depend on the difficulties
     encountered on the market or sub-market concerned . Where no such
     restrictions exist it will be possible , under certain circumstances ,
     to negotiate special contracts involving rates below the compulsory
     minimum .
     The minimum rate and any adjustment in its level are based on the
     variable costs for a typical transport service on the routes concerned .
 9 . Professional organizations representing road hauliers , transport users
     and providers of services incidental to transport ( in particular the
     freight forwarders ) will have an important part to play in working out
     and modifying the price formation system for both reference tariffs and
     compulsory minimum tariffs .
10 . To assist the Commission in connection with its responsibilities with
     regard to transport rates and conditions for the international carriage
     of goods , a Tariff Committee is set up by this Regulation .
                                                                    • /• • •
 ---pagebreak---                                     -3 : -
                II . PARTICULAR CONSIDERATIONS
                             Article 1
This Article specifies the transport operations covered by the Regulation ,
i.e. all transport operations by road between Member States , including
transit operations through a third country and sea , rail and inland
waterway operations without intermediate reloading ( e.g. roll-on/roll off
road-sea services ).
Certain types of transport operation    should be exempted from all tariff
arrangements , either because they are of minor economic importance
( e.g. involving low weights or short distances , etc ) or because they
have special characteristics ( e.g. some of the goods listed in Annexes I
and II to the First Council Directive on the establishment of certain
common rules for international transport ) or because of the technical
problems involved in setting charges ( e.g. for the carriage of live
animals or abnormal loads ).
                             Article 2
This Article states the general principle of the Regulation ( price recommend­
ations ) and indicates the option open ( compulsory minimum rates to supple­
ment the recommended prices ).
                             Article 3
This Article states that the reference tariffs are simply intended as a
guide for the formation of transport rates and that carriers and users
are free to agree on a rate in line with the market situation and their
own interests .
                                                                        /
 ---pagebreak---                              Article 4
The reference tariffs are compiled in accordance with the principle that
there is a single tariff for all transport operations from a given Member
State , whatever the nationality of the carrier   or the country of registrat­
ion of the transport vehicle .
                             Article 5 and 6
To ensure effective application , the reference tariffs must reflect the
market situation as closely as possible whilst enabling hauliers to charge
rates which will both cover their costs and guarantee them a fair profit ,
which is the aim of all commercial undertakings .
The diversity and increasing specialization of transport operations requires
finer tariff differentiation . Such differentiation is all the more necessary
if the reference tariffs are really to act as indicators for the formation
of rates on the various markets .
                             Article 7
This Article contains the provisions governing the procedure for drawing up
reference tariff proposals .
Responsibility for fixing recommended tariffs is left to the transport
undertakings which , acting in consultation with the other branches of
activity involved , are to fix them through their professional organizations .
The proposed tariffs are to be sent to the governments of the Member States
and to the Commission to ensure that they comply with the provisions of
this Regulation and any other provisions involved .
If the Commission and the Member States do not oppose the reference tariffs ,
they will be published by the profession .
 ---pagebreak---                                - I -
                            Article   8
A relatively tight timetable for reviewing the tariffs is essential if the
reference tariffs are to closely reflect the state of the market and trends
in costs .
                            Article   9
In the event of a stalemate in the negotiations between the professional
organizations when fixing or modifying a tariff , it was thought best to
leave the responsibility for establishing or modifying the tariff to the
Member State of origin of the operations to which the tariff in question
applies .
                            Article 10
This Article specifies the conditions subject to which compulsory minimum
tariffs may be introduced :
- Agreement between the Member States concerned is essential .
- The minimum tariffs are to supplement the reference tariffs .
                            Article 11
The obligation to comply with the tariffs applies not only to carriers but
also to users and freight forwarders , so they are jointly responsible in
the event of infringement .
As in the case of recommended tariffs , the possibility of differentiating
the compulsory minimum tariffs stems from the need to make allowance in the
tariff system for the increasing diversity of transport activities . The
price schedules which these tariffs involve are denominated in the currencies
of the countries which have negotiated the agreements with the object of
introducing compulsory tariffs .
                            Article 12
To guarantee that these tariffs really are minimum tariffs , the introduction
and modification of the level of the tariffs depends on the variable costs
of providing services .
                                                                     # /• • •
 ---pagebreak---                               Article 13
Where compulsory tariffs are not limited to a certain period or to
certain types of traffic , special contracts between hauliers and users
for operations at rates below the compulsory minimum rate are permitted .
However , in order to ensure that the provisions of the Regulation are
not allowed to be systematically abused as     a result , such contracts
may be negotiated only in certain specific     circumstances and may not
result in a deterioration of the haulier 's    financial position . Provision
is made for a procedure whereby the Member     States check the terms of
contracts retrospectively .
                              Article 14
This Article lays down the procedure for establishing and modifying the
compulsory minimum tariffs .
The Commission will take part on a consultative basis in the relevant
negotiations in order to ensure compliance with the Community provisions .
For the same reasons as for the reference tariffs , provision is made
for a review timetable .
                              Article 15
It was thought best to make provision for arbitration in the event of
disagreement between Member States during discussions to establish or
modify a tariff . The role of arbitrator is assigned to the Commission ,
which will be assisted in this task by the Tariff Committee . Regulation
(EEC ) No . 2831/77 , which is due to expire , already contained provisions
for arbitration .
 ---pagebreak---                                      Article 16
In order to be able to discharge their duty to monitor changes in the trans­
port market in the interests of the general public , the Commission and the
competent authorities in the Member States must be able to obtain information
on the rates actually charged on the basis of the tariff system .
                                     Article 17
The Tariff Committee referred to in this Article was set up by the current
Regulation ( EEC ) No . 2831/77 • It has functioned satisfactorily and the
Commission has greatly benefited from its assistance .
                                    Article 18
The Member States will have to introduce legislative or administrative measures
     f
in order to implement this Regulation . Provisions must be made for ensuring that
these measures are taken in good time .
The implementing measures envisaged by a Member State will be sent to the
Commission which , acting either on its own initiative or at the request of a
Member State , may consult the other Member States on the subject .
It goes without saying that the Member States will help each other and the
Commission to ensure the correct application of the system of reference tariffs
and compulsory minimum tariffs . In the case of the latter , the control measures
and penalties must be jointly agreed in order to make them more effective .
                                    Article 19
No comments .
                                    Article 20
To permit a smooth changeover from the system under Regulation ( EEC ) No . 2831/77
to the new system , provision has been made for leaving the existing reference
tariffs unchanged until the provisions of this Regulation are implemented .
The compulsory tariffs will be temporarily converted into reference tariffs ,
and once this Regulation enters into force the Member States may introduce
compulsory minimum tariffs subject to the conditions provided for .
                                    Article 21
No comments .
 ---pagebreak---                                   - lit -
                PROPOSAL FOR A COUNCIL REGULATION
on the formation of rates for the carriage of goods by road
                       between Member     States
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 from the Commission ,
Having regard to the opinion of the European Parliament      ,
                                                                      (2)
Having regard to the opinion of the Economic and Social Committee         ,
Whereas a policy in respect of transport rates and conditions constitutes
an important aspect of the common transport policy , the establishment of
which by the Member States is provided for in the Treaty 5 whereas Article
21 of Council Regulation ( EEC ) No . 2831/77 of 12 December 1977 on the
fixing of rates for the carriage of goods by road between Member States
provides that the Council shall decide on a Commission proposal before
31 December 1982 on the subsequent system for transport rates and conditions
for the carriage of goods by road between Member States ;
Whereas the road haulage markets should be organized in accordance with
free market principles in order to ensure the optimum allocation of
resources ; whereas this concept also applies to transport rates for inter­
 national road haulage ;
 (1)  0J
 (2)  0J
 ( 3)
      OJ No L 33*f , 2^.12.1977 , p. 22
 ---pagebreak---   . '.i rea~ the setting of transport rates should therefore be the responsibility
    v" the transport. undertakings alone and not that of the public authorities
imposing compulsory tariffs ; whereas , nevertheless , it is opportune , taking the
 structure of these markets into account , to facilitate rate formation through a
 tariff system whilst maintaining this principle ;
i hereas reference tariffs correspond to this requirement because the final
decision on the conclusion of individual rates is left to the market forces
 whilst at the same time providing operators with useful information for their
negotiations and equally improving market transparency and competitivity,
particularly for small and medium-sized haulage undertakings ;
• 'hereas reference tariffs should therefore take into consideration the cost
of the corresponding services and the market situation ;
Whereas , since the reference tariffs simply constitute recommendations , the
arawing up of draft tariffs should be the task of the economic circles concerned
Whereas , however , in order to maintain a balance between the concern to protect
 the interests of the general public and the need to make the economic circles
concerned responsible for drawing up the tariffs , the draft reference tariffs
ahould te submitted to the Commission and to the Member States for examination ;
Whereas , in order to ensure that reference tariffs closely reflect the economic
situation 3 it is essential to set a timetable for reviewing them and
 modifying them if- necessary ;
Whereas , however , the position on certain routes might justify the introduction
of compulsory minimum tariffs in particular to avoid an abnormal collapse in
rates , such tariffs can only be introduced pursuant to bilateral or multilateral
  agreements between governments ;
Whereas , to facilitate compliance with the compulsory minimum tariffs , the
latter must apply to all operators on the transport market concerned , i.e.
 transporters as well as users and freight forwarders ;
 ---pagebreak---                                    - 1b -
Whereas , in order to fulfil their role as adjuncts to the reference tariffs
and help prevent duaping situations and the deterioration of certain trans­
port markets , the compulsory minimum tariffs must take into account the
variable costs of the services in question ; whereas , for this reason ,
provision must be made for limiting the tariffs to a given period or to
certain types of traffic ;
Whereas these tariffs should be established , modified and published in
accordance with the provisions of national law in order to facilitate
these three operations ;
Whereas , if compulsory tariffs are introduced without a tima limit or a
limit to their scope , allowance must be made for specific situations by
permitting the conclusion , subject to certain conditions , of special
contracts involving the charging of transport rates lower than the
compulsory minimum tariffs ;
Whereas it should be     made possible to monitor the development of transport rates ;
Whereas it   i s desirable that   a Tariff Committee attached to the Commission
 should          assist the latter in the implementation of this Regulation ;
Whereas it is essential to ensure     in the implementing measures to be teken
by the Member States ,    effective supervision of the compulsory minimum tariffs
and appropriate penalties .
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                              General provisions
                                 Article  1
This Regulation shall apply to the carriage of goods by road for hire or
reward between the Member States including those goods covered by the Treaty
 establishing the European Coal and Steel Community ,             • with the exception
of the carriage of goods listed in the Annex hereto . It shall apply even
if , for part of the journey carriage involves transit across a third country ,
or the vehicle containing the goods is carried by sea , rail or inland waterway
without intermediate reloading .
                                 Article  2
1 . The rates for carriage as referred to in Article 1 shall be governed
    by a system of reference tariffs .
2 . Two or more Member States may ,          by mutual agreement,        supplement
    the reference tariffs by the compulsory tariffs referred to in Article 10 .
                             Reference tariffs
                                 Article   3
The reference tariffs shall constitute      recomr.iended rates .       They shall
provide guidance for determining transport rates which the users and
transport undertakings shall be free to agree upon according to the
market situation and their own interests .
                                 Article   k
For each Member State , the system of reference tariffs shall consist of
a single tariff for all transport operations beginning in the Member State
in question , regardless of the nationality of the carrier or the country
of registration of the transport vehicle .
 ---pagebreak---                                             - /f -
                                         Artide      5
1 . Reference tariffs shall be established in the form of either general
    tariffs or special tariffs .
2 . Reference tari ffs sha 1 1 incorporate pri ce schedules and all other rules required
    for calculating transport rates . The price schedules shall be denominated
    in the currency of the country in which the transport operation begins .
    Reference tariffs shall be differentiated as necessary to take account of the special
    features of the various transport services and to promote the setting
    of individual transport rates which do not differ too widely from the
    reference tariffs .
                                         Article     6
    The reference tariffs shall be established in such a way as to take
    account of :
    - the average cost of providing the corresponding services , including
      general overheads , and to allow a fair profit ;
    - the current situation and likely developments on the markets in question .
                                         Article     7
    Road      hauliers professional organizations in the Member States shall
    draw up proposals for the introduction or amendment of reference tariffs .
2 . The professional organizations referred to in paragraph 1 shall consult the organiz­
    ations representing transport users and freight forwarders .
3 . On expiry of a period of 30 days from the date of receipt of the
    proposal by , organizations representing transport users and freight
    forwarders , the road hauliers' professional organizations shall send the
    proposals , together with details of any positions adopted by the organi­
    zations consulted said their reactions , to their governments which shall
    inform the Commission immediately upon receipt .
 ---pagebreak---                                            - V- -
k . Any Member State concerned and the Commission may object to the introduction
    of measures within 60 days of the date on which it receives the relevant
    proposal .
    If neither the Commission nor any Member State concerned objects to the introduction
    of the measures , the road hauliers' professional organizations shall publish
    them in their tariff bulletins and in the specialized press .
                                      Article    8
    The road hauliers' professional organizations shall establish the reference
    tariffs within 90 days of the date of entry into force of this Regulation ;
    the tariffs shall be examined with a view to possible modification
    within          one                   year following the establishment of the
    tariffs or the latest modification thereof .
                                      Article    9
    If the road hauliers      professional organizations do not establish or do not
    modify the reference tariffs by the deadlines referred to in Article 8 ,
    the Member State concerned shall , as soon as possible , establish the
    reference tariffs or amend them and have them officially published .
                                Compulsory minimum tariffs
                                      Article 10
    Two or more Member States may introduce compulsory minimum tariffs , in
    addition to the reference tariffs , for transport operations starting and
    finishing on their territory . The introduction of such bilateral or
    multilateral tariffs must be jointly agreed by the Member States concerned .
                                                                                        • /• • •
 ---pagebreak---                            - SM -
                        Article   11
Compulsory minimum tariffs shall be binding on carriers , transport
users and freight forwarders for      setting    rates for transport
operations on the routes concerned . Individual rates may be freely
set above the minimum as long as account is taken of the existing
reference tariff .
Compulsory minimum tariffs shall be established in the form of
either general tariffs or special tariffs .
They shall incorporate price schedules and all the other rules required
for calculating transport rates . The price schedules shall be denominated
in the currencies of the countries of origin and destination of the
goods .
These tariffs may be             differentiated to take account of the
economic and technical characteristics of the transport services .
These tariffs may be limited to a certain period or to a few types of
traffic depending on the situation on the transport market or sub-
market concerned .
                        Article 12
The variable costs of providing the corresponding service shall be
taken into account in establishing the compulsory minimum tariffs .
 ---pagebreak---                                        - }! -
                                     Article 13
1 . If compulsory minimum tariffs are introduced without a time limit or
    a limit to their scope , special contracts may be concluded in writing
    between a carrier and another party involving transport rates below
    the minimum for the compulsory tariffs .
2 . The conclusion of     the contracts referred to in paragraph 1 sha L L be a L Lowed i n the case
    of transport operations having special technical features which enable
    them to be carried out on special terms as regards costs . Special
    contracts must in all cases be such as to maintain or increase the
    carrier 's trading returns .
3 . On concluding any special contracts , the carrier shall forthwith
    communicate the terms thereof to the competent authorities of the
    Member State on whose territory the transport operation commences .
    When communicating the terms of the contract the carrier shall
    attach all particulars      justifying the conclusion of the contract
    and the rates agreed .
                                     Article l*f
1 . Compulsory minimum tariffs shall be fixed or amended by the Member States
    directly concerned in accordance with the requirements laid down in Article 10 .
    The Commission shall take part in the relevant negotiations in an advisory capacity .
2 . Each Member State shall bring such tariffs into force within two months
    following the conclusion of          negotiations for          fixing or amend­
    ing      the tariffs or , as the case may be , following the completion
    of the procedure referred to in Article 15(1 ) and ( 2 ).
3 . The compulsory tariffs shall be officially published in the Member
    States concerned .
                                                                                         • /• • •
 ---pagebreak--- k . Without prejudice to paragraphs 1 and 2 , a Member State may , in order
    to offset the effects of monetary fluctuations , unilaterally carry
    out an upward revision of price schedules expressed in its currency .
    The Member State concerned shall inform the other Member States
    conerned and the Commission at least one month before this measure
    is brought into effect . The minimum compulsory tai / ffs shall be
    examined with a view to a possible adaptation within       one
    year   following     the setting     of the tariffs or their last
    modification .
                              Article 15
    If      negotiations for       establishment or modification of a
    compulsory tariff are unsuccessful , the dispute shall be referred
    to the Commission at the request of a Member State .
    The Commission , after consulting the Committee referred to in
    Article 17 , shall settle the matter by means of a Decision which shall be
    notified to the parties concerned and published in the Official Journal
    of the European Communities .
                            Common provisions
                              Article   16
1 . Transport undertakings shall be required to communicate to the
    competent authorities of the Member States and to the Commission ,
    upon request , information concerning the rates charged for the
    international carriage of goods by road .
                                                                           /
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2 . To improve knowledge of the market situation , surveys may be made
           concerning rates charged for the carriage of certain types of goods
           on major routes .
           ■; ¥'
3 . The Commission shall , after              obtaining the opinion of the Committee
           provided for in Article 17 ,      lay down the programmes in respect of
           the communications provided       for in paragraph 1 and the surveys
           provided for in paragraph 2       and the procedures for carrying them
           out .
k. Information obtained in implementation of this Regulation shall be
          covered by the obligation of professional secrecy .
    -   <        ·   ·
              *                            Article    17
        ■ ■■4 -    /
           , 1r  .•
1 . ft Committee attached to the Commission is hereby set up for the
          purpose of assisting the Commission in the implementation of this
          Regulation and of the provisions adopted for its application .
  ■/ '     *«..
          The Committee shall :
         V deliver opinions in those cases expressly provided for in this
,                  Regulation ,
       i . ';v"
          ~ draw ,up by 1 October          each year, a report on the development
          S; during the preceding year of rates and conditions for the carriage
                   of goods by road between Member States ,
          - advise the Commission at its request on all questions concerning
                   the development of the future rates system in this sector .
                                                                                     • /1 ê •
 ---pagebreak---                                  - zq -
    Within the framework of this Regulation , the Commission may consult
    the Committee on any other matter where it considers this appropriate .,
    The opinions of the Committee must state the reasons on which they
    are based and be given within a time limit fixed by the chairman .
2 . The Committee shall consist of not more than two government experts
    appointed by each Member State and shall have as chairman, a represent­
    ative of the Commission which shall also provide secretarial services .
    The Committee shall be convened by its chairman on his own initiative
    or at the request of a Member State . The Committee may hear the views
    of representatives of the road haulage industry , transport users and
    freight forwarders .
                               Article  18
1 . In due course , and after consulting the Commission , the Member States
    shall adopt the laws , regulations and administrative provisions
    necessary for the implementation of this Regulation .
    As far as compulsory minimum tariffs are concerned , Member States shall
    in particular provide for both permanent and effective control and
    appropriate penalties for infringements .
    Member States shall designate the organizations referred to in Article ?•
2 . At the request of a Member State or on its own initiative , the Commission
    shall consult the Member States with regard to the drafts of the
    laws , regulations and administrative provisions referred to in
    paragraph 1 .
i • The Member States shall afford assistance to one another and to the
    Commission for the purposes of applying this Regulation .
                                                                        /...
 ---pagebreak---                                    Article    19
    This Regulation shall not affect any obligation arising from the Treaty
    establishing the European Coal and Steel Community .
                                   Article 20
1 , The reference tariffs shall be published not later than 1 July 1984 .
2 . The reference tariffs and the compulsory tariffs established on the
    basis of Regulation ( EEC ) No . 2831/77 in force when this Regulation
    enters into force shall remain in force as reference tariffs until
    they are replaced by tariffs established in accordance with
    this Regulation .
    Any laws , regulations or administrative provisions concerning the supervision
    of compulsory tariffs and penalties for infringements introduced by the Member
    States pursuant to Regulation ( EEC ) No 2831 / 77 shall continue to apply to the com­
    pulsory minimum tariffs established pursuant to this Regulation until they are
    replaced by provisions referred to in Article 18(1 ).
                                   Article    21
    This Regulation shall enter into force on 1 January 1984 .
    This Regulation shall be binding in its entirety and directly
    applicable in all Member States .
    Done at Brussels .                                      For the Council
                                                            The President
 ---pagebreak---                                   ANNEX
                                 anam&sssxas
Types of carriage to which this Regulation does not apply :
- occasional carriage of goods to or from airports , in the event of air
  services being diverted ,
- carriage of luggage in trailers coupled to passenger-carrying vehicles and
  the carriage of luggage in all types of vehicles to and from airports ,
- carriage of mail ,
- carriage of damaged vehicles ,
- carriage of refuse and sewage ,
- carriage of animal carcases for disposal ,
- carriage of bees and fish fry ,
- carriage of objects and works of art for exhibition or for commercial
  purposes ,
- occasional carriage of objects and material exclusively for advertising or
  information purposes ,
- removals by undertakings having special staff and equipment for this purpose ,
- carriage of equipment , properties and animals to or from theatrical , musical
  or film performances or sporting events , circuses , exhibitions or fairs , or
  to or from the making of radio or television broadcasts or films ,
- carriage of gold , silver , platinum , money , coins and securities , stamps ,
  documents , precious stones or real pearls ,
- carriage of articles required for medical care in emergency relief , in
  particular for natural disasters ,
- carriage of spare parts for sea-going vessels ,
- carriage of live animals ,
                                                                             • /• mm
 ---pagebreak---                                - X7-
carriage involving the use of special vehicles or special traffic
arrangements ,
carriage of goods not exceeding five tonnes in total weight consigned
by a single consignor to a single consignee ,
carriage of goods over a distance which in total does not exceed 50
kilometres ; where the road vehicle is transported by sea over part of
the distance , the sea journey shall not be taken into consideration in
the calculation of that distance .