CELEX: 51980PC0509
Language: en
Date: 1980-09-08
Title: Proposal for a Council Directive amending the first Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road between Member States, and Council Directive 65/269/EEC

N o C 253/6                           Official Journal of the European Communities                                 1. 10. 80
              IBN/BIN (Belgium)                Institut Beige de Normalisation
                                               Belgisch Institurn voor Normalisatie
                                               29, avenue de la Brabanfonne (laan)
                                               B-1040 Bruxelles/Briissel
              IIRS (Ireland)                   Institute for Industrial Research and Standards
                                               Ballymun Road
                                               IRL-Dublin 9
              NNI (Netherland)                 Nederlands Normalisatie-instituut
                                               Polakweg 5 — Postbus 5810
                                               NL-2280 HV Rijswijk
              UNI Italy)                       Ente Nazionale Italiano di Unificazione
                                               Piazza Armando Diaz 2
                                               1-20123 Milano
              Proposal for a Council Directive amending
              — the first Council Directive of 23 July 1962 on the establishment of common rules for
                  certain types of carriage of goods by road between Member States, and
              — Council Directive 65/269/EEC
                           (Submitted by the Commission to the Council on 18 September 1980)
THE COUNCIL OF THE EUROPEAN                                         alization of international road transport, in particular
COMMUNITIES,                                                        by rendering progressively more flexible restrictive
                                                                    measures regulating capacity; whereas this step-by-
                                                                    step advance implies that the gradual liberalization
Having regard to the Treaty establishing the                        introduced into Community regulations on the
European Economic Community, and in particular                      transport of goods by road between Member States
Article 75 (1) thereof,                                             should be amplified and should be applied to
                                                                    transport operations of a special type or requiring
Having regard to the proposal from the Commission,                  special handling or equipment;
Having regard to the opinion of the European Par-                   Whereas, with regard to the carriage of goods by
liament,                                                            road, the measures set out in the First Council
                                                                    Directive of 23 July 1962 (') should be aligned with
                                                                    those introduced by the European Conference of
Having regard to the opinion of the Economic and                    Ministers of Transport (ECMT) and whereas, in
Social Committee,                                                   order to facilitate the gradual establishment of the
                                                                    common market, the measures aligned should be
Whereas the adoption of a common transport policy                   those which most favour the free provision of
involves, inter alia, laying down common rules for the              services;
international carriage of goods by road to or from
the territory of a Member State or passing across the               Whereas, in order to facilitate the performance of the
territory of one or more Member States;                             transport operations referred to in Annex II to the
                                                                    First Directive on all links between Member States, a
Whereas, in order to facilitate trade between Member                standard authorization should be introduced for those
States and at the same time enable the transport
sector to function flexibly and adapt itself to market
requirements, advances must be made towards a liber-                (') OJ No 70, 6. 8. 1962, p. 2005/62.
 ---pagebreak--- 1. 10. 80                               Official Journal of the European Communities                              N o C 253/7
transport links where an authorization is still                         18.     Carriage of objects and works of art for
required, which will offer the same possibilities for                  exhibition or for commercial purposes.
multilateral transport operations as the Community
authorization introduced by Council Regulation                         19.      Occasional carriage of objects and material
(EEC) N o 3164/76 (') as last amended by Regulation                    exclusively for publicity or information purposes.
(EEC) N o 2964/79 (');
                                                                       20.      Carriage of material, properties and animals
Whereas the Council Directive 6 5 / 2 6 9 / E E C of 13                to or from theatrical, musical or film performances
May 1965 concerning the standardization of certain                     or sporting events, circuses, exhibitions or fairs or
rules relating to authorizations to carry goods by                     to or from the making of radio or television
                                                                       broadcasts or films.
road between Member States (3) must be amended to
take account of the provisions of this Directive as
regards the introduction of a multilateral authori-                 2. Annex II to the First Directive of 23 July 1962
zation;                                                                shall be amended as follows:
                                                                       (a) points 2, 3, 5, 6 and 7 shall be deleted;
Whereas the provisions of the First Directive in
respect of own-account transport must be adapted in                    (b) the following points shall be inserted:
the light of the provisions of Council Directive                            2. Carriage of perishable goods.
8 0 / 4 9 / E E C (4) since these have a more general
application and no longer refer to specific types of                        3. Carriage of goods by motor vehicles the
transport,                                                                      permissible payload of which, including that
                                                                                of trailers, does not exceed six tonnes.'
ADOPTED THIS DIRECTIVE:                                                                        Article 2
                                                                    The following subparagraphs shall be a d d e d . to
                                                                    Article 1 (3) of the First Directive of 23 July 1962:
                              Article 1
                                                                         'Where such transport operations are subject to
1. The following points are hereby added to Annex I                      authorization, they shall be performed under a
    to the First Directive of 23 July 1962:                              multilateral authorization, the model for which is
                                                                         contained in Annex III to this Directive.
    '14.       Carriage of spare parts and supplies for
    sea-going vessels and aircraft.                                     The multilateral authorization shall be issued by
                                                                        the Member State in which the vehicle assigned to
    15.        Carriage of live animals in special vehicles;            the said transport operations is registered. It can
    special vehicles for the carriage of live animals                   be a "journey authorization" or a "period auth-
    shall be understood to mean vehicles which have                     orization" and shall entitle its holder to perform
    been constructed or permanently modified                            the transport operations listed in Annex II on all
    specially for the carriage of live animals and are                  transport links between the Member States, with
     recognized as such by the relevant authorities in                  the exception of all internal traffic within the
     the Member State of registration.                                   territory of a Member State, and to move the
     16.       Carriage of goods of abnormal size or                    vehicle in an unloaded condition to and from any
    weight where the carrier has obtained the special                    point within the territories of the Member States
     authorizations required by national road traffic                    of the Community.'
     laws.
     17.       Unladen journey by a commercial vehicle in
     order to replace a vehicle which has been removed
    from service in another country and continuation                                           Article 3
    of the transport operation by the replacement
    vehicle under the authorization issued for the                  1. The second indent of Article 1(1) of the First
    vehicle no longer in service.                                      Directive of 23 July 1962 is hereby deleted.
                                                                    2. Article 1 (4) of the First Directive of 23 July 1962
(')  OJ No L 357, 29. 12. 1976, p. 1.                                  is hereby replaced by the following:
O    OJ No L 336, 29. 12. 1979, p. 12.
(')  OJ No 88, 24. 5. 1965, p. 1469/65.                                '4.     The three Annexes shall be an integral part
(')  O J N 0 L I 8 , 24. 1. 1980, p. 23.                               of this Directive.'
 ---pagebreak--- No C 253/8                             Official Journal of the European Communities                            1. 10. 80
                          Article 4                                      ./EEC (2) must correspond to the model
                                                                   contained in Annex III to the latter Directive.'
The following text should be added to Article 2 of
Directive 65/269/EEC:                                                                 Article 5
                                                               Member States shall take the measures necessary to
                                                               comply with this Directive not later than 1 January
    'However, the authorizations referred to in Annex           1982. They shall inform the Commission thereof
    II to the First Council Directive of 23 July 1962          before 1 July 1981.
    on the establishment of common rules for certain
    types of carriage of goods by road between
                                                                                      Article 6
    Member States ('), as last amended by Directive
                                                               This Directive is addressed to the Member States.
(') OJ N o 70, 6. 8. 1962, p. 2005/62.                          O OJ N o L .
 ---pagebreak--- 1. 10. 80                         Official Journal of the European Communities                                               N o C 253/9
                                                                  Annex
                                                               ANNEX III
                                                   MODEL AUTHORIZATION
                                      (White form with diagonal band of colour — front)
          To be worded in the seven official languages of the Community
          Issuing State
              (International distinguishing sign)                         (Competent agency)
                                                          Period authorization
          EEC multilateral authorization No
          for certain types of international carriage of goods by road.
          This authorization is issued to
                                           (Name or business name and full address of carrier)
          for the carriage of (')
                                                             (type of carriage)
          on routes between the Member States of the European Economic Community by means of a single
          vehicle or a coupled combination of vehicles, and to effect unladen journeys with these vehicles
          throughout the Community.
          This authorization is valid from
          to
          Restriction, if any:
           Issued at                                                                           Date
                                                           (Signature and stamp
                                                      of agency issuing authorization)
           (') Mention at least one, and if appropriate, several of the types of international carriage of goods for hire or
                reward listed in Annex II to the First Council Directive of 23 July 1962, as last amended by the Directive of
                20 December 1979. This list is given on the back.
 ---pagebreak---                                                                    ^ac^ofform^
   ^his authorisation must be c a r r i e d o n t h e v e h i c l e a n d be produced at therequest of any auth^
   ori^ed inspecting officer
   ^t authorises only the international carriage of goods ^t is not valid for national trans^ort^
   It is not transferable
   ^ h e carrier is required to comply, on the territory of each member ^tate, with the laws, reguD
   lations and administrative provisions of the ^tate, and in particular with those concerning
   transport and traffic^
   ^his authorisation must be returned to the issuing agency w i t h i n l ^ days of the date of e^iry^
^  ^ r a n s ^ o r t o ^ e r a t i o n ^ ^ h i c h c a n b e t h e s u b ^ e c t o f a n ^ ^ C multilateral authorisation
  1^ Carriage f r o m a ^ e m b e r ^ t a t e into the frontier ^one of an adjacent member ^ t a t e , a n d ^ c ^
   ^ Carriage of perishable goods^
        Carriage of goods by motor vehicles, the permissible payload of which, including that of
        trailers, does not exceed si^ tonnes^