CELEX: 51985PC0610
Language: en
Date: 1985-11-27
Title: PROPOSAL FOR A COUNCIL REGULATION LAYING DOWN THE CONDITIONS PROPOSAL FOR A COUNCIL REGULATION LAYING DOWN THE CONDITIONS UNDER WHICH NON-PRESIDENT CARRIERS MAY TRANSPORT GOODS OR PASSENGERS BY INLAND WATERWAY WITHIN A MEMBER STATE

No C 331/2                              Official Journal of the European Communities                                   20. 12. 85
                                                               II
                                                       (Preparatory Acts)
                                                 COMMISSION
               Proposal for a Council Regulation (EEC) laying down the conditions under which non-resident
                   carriers may transport goods or passengers by inland waterway within a Member State
                                                      COM(85) 610 final
                              (Submitted by the Commission to the Council on 4 December 1985)
                                                        (85/C 331/02)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European                                          Article 1
Economic Community, and in particular Article 75                   With effect from 1 January 1988, any carrier of goods or
thereof,                                                           passengers by inland waterway for hire or reward who
                                                                   — is established in a Member State in conformity with
Having regard to the proposal from the Commission,
                                                                        the legislation of that country,
Having regard to the opinion of the European Par-                  — is authorized in that country to carry out the inter-
liament,                                                                national transport of goods or persons by inland
                                                                       waterway,
Having regard to the opinion of the Economic and                   shall be allowed to carry out the national transport of
Social Committee,                                                  goods or persons by inland waterway for hire or reward
                                                                   in a different Member State from the one in which he is
                                                                   established; he may temporarily pursue his activities in
Whereas, pursuant to Article 75 (1) (b) of the Treaty,             the State concerned without having to set up a registered
the establishment of a common transport policy entails,            office or other establishment in that State.
inter alia, laying down the conditions under which non-
resident carriers may operate transport services within a
Member State;                                                                                  Article 2
                                                                   1.     The carrying out of the transport operations
Whereas the freedom to provide national transport                  referred to in Article 1 shall be subject to the following
services implicit in this provision entails the removal of         conditions:
all restrictions against the person providing the services
in question on the grounds of his nationality or the fact          — in the case of natural persons, the carrier and boat-
that he is established in a different Member State from                 owner must, if they are not the same person, be
the one in which the service is to be provided;                         nationals of one of the Member States,
                                                                   — in the case of legal persons, the transport under-
Whereas, in accordance with the general principles of                   taking and boat-owner must, if they are not the same
the Treaty as to equality of treatment and with the                     person,
case-law of the Court of Justice on this matter, non-
resident carriers should be allowed to carry out national              — be       under     the    continuous    and    effective
transport operations under the same conditions as those                     management of persons a majority of whom are
imposed by the Member State concerned on its own                            nationals of Member States,
carriers;
                                                                       — be constituted in such a way that the persons
                                                                            participating directly or indirectly in the majority
Whereas, in order to avoid disruption of the market by                      of the financial results of the undertaking or
activities that are not compatible with the organization                    having the majority of the voting shares or voting
of the markets in question, only carriers authorized to                     rights are nationals of Member States.
carry out the international transport of goods or persons
by inland waterway and having a genuine link with a                2.     In the event of trust or similar arrangements, the
Community Member State may be authorized to carry                  conditions laid down in paragraph 1 must also be
out national transport operations in a different Member            satisfied by the persons on hehalf of whom or in whose
State from the one in which they are established,                  interests the business is handled.
 ---pagebreak--- 20.12.85                                Official Journal of the European Communities                             No C 331/3
3.    The Member State in which a carrier is established                                      Article 3
may, as an exceptional measure and after consulting the
                                                                   The carrying out by a non-resident carrier of the
Commission, grant derogations with regard to the
                                                                   national transport operations referred to in Article 1 shall
majority required in paragraph 1, provided that the way
                                                                   be subject to the laws, regulations and administrative
in which the transport undertaking is managed is not
                                                                   provisions in force in the Member State in which the
likely to disturb the transport market.
                                                                   transport operations are carried out. Such rules shall be
                                                                   applied to non-resident carriers under the same
4.    A certificate issued by the Member State in which            conditions as those imposed by that State on resident
the boat is registered or, if it is not registered, by the         carriers and in such a way that there is no discrimination
Member State in which the carrier is established, shall be         against non-resident carriers on the grounds of
produced to prove that the provisions of paragraphs 1, 2           nationality or place of establishment.
and 3 have been complied with. This certificate or a copy
of it must be kept on board the boat.                                                         Article 4
                                                                   Member States shall, in due course, after consulting the
The document certifying that a boat belongs to the                 Commission adopt the measures necessary to implement
Rhine Navigation as established in Council Regulation              this Regulation.
(EEC) No 2919/85 of 17 October 1985 laying down the
conditions for access to the arrangements under the                                           Article 5
Revised Convention for the navigation of the Rhine                 This Regulation shall enter into force on 1 January 1987.
relating to vessels belonging to the Rhine Navigation (')
shall replace the certificate referred to in the first sub-        This Regulation shall be binding in its entirety and
paragraph.                                                         directly applicable in all Member States.
O OJ No L 280, 22. 10. 1985, p. 4.