CELEX: 51982PC0816
Language: en
Date: 1982-12-08
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE CONDITIONS UNDER WHICH NON-RESIDENT CARRIERS MAY OPERATE CERTAIN NATIONAL TRANSPORT SERVICES WITHIN A MEMBER STATE

22. 1.83                          Official Journal of the European Communities                                N o C 18/3
                                                           II
                                                    (Preparatory Acts)
                                              COMMISSION
              Proposal for a Council Directive on the conditions under which non-resident carriers may
                           operate certain national transport services within a Member State
                          (Submitted by the Commission to the Council on 16 December 1982)
THE COUNCIL OF THE EUROPEAN                                                              Article 2
COMMUNITIES,
                                                                The conditions for national carriage shall be as
Having regard to the Treaty establishing the                    follows:
European Economic Community, and in particular                  — it shall follow the carriage of goods between two
Article 75 thereof,                                                 Member States which is performed by virtue of an
Having regard to the proposal from the Commission,                  authorization or without an authorization where
                                                                    the transport is liberalized;
Having regard to the opinion of the European                    — it shall be carried out in the course of a return
Parliament,                                                         journey to the Member State in which the vehicle
Having regard to the opinion of the Economic and                    is registered or where the original carriage began;
Social Committee,                                               — not more than two national carriage operations
                                                                    may be performed in the course of the return
Whereas, pursuant to Article 75 (1) (b) of the Treaty
                                                                    journey;
the adoption of a common transport policy involves
laying down the conditions under which non-resident             — the carrier shall comply with the relevant
carriers may operate transport services within a                    provisions in force in the Member State
Member State;                                                       concerned, in particular any provisions relating to
                                                                    the formation of transport rates.
Whereas, within the general framework of the
transport economy, it is important to make rational                                      Article 3
use of vehicles;
                                                                A carrier may not perform a national carriage
Whereas, a reduction in the large number of unladen             operation by virtue of this Directive which he would
journeys in road haulage operations between Member              not be authorized to perform in the Member State
States is essential in order to improve the productivity        where he is established, but shall not be subject to any
of the undertakings concerned;                                  quantitative or qualitative restrictions in force in the
                                                                Member State where the national carriage operation
Whereas unladen journeys mainly occur on the return             is performed.
trip of vehicles to their country of registration or to
the country where the international transport began,                                     Article 4
                                                                Member States may require documentary proof that
HAS ADOPTED THIS DIRECTIVE:                                     the national carriage operation follows carriage
                                                                between two Member States.
                         Article 1
                                                                                         Article 5
 Member States shall take the necessary measures to
                                                                Member        States   shall,    after  consulting    the
ensure that carriers of goods by road for hire or
                                                                Commission, take the measures necessary to comply
reward established in other Member States may carry
                                                                with this Directive not later than 31 May 1984.
goods between two points situated on their territory,
hereinafter referred to as 'national carriage', in
                                                                                         Article 6
 accordance with the conditions laid down by this
 Directive.                                                     This Directive is addressed to the Member States.