CELEX: 51992PC0104
Language: en
Date: 1992-03-25
Title: Amended proposal for a COUNCIL REGULATION (EEC) on access to the market for the carriage of goods by road in the European Community to or from the territory of a Member State or passing across the territory of one or more Member States

COMMISSION OF THE EUROPEAN                       COMMUNITIES
                                               COM(92)104   final
                                                Brussels, 25 March 1992
                                Amended proposal for a
                               COUNCIL REGULATION (EEC)
                             on access to the market for
                                the carriage of goods
                               by road in the European
                          Community
                            to or from the territory of a
                          Member State
                           or passing across the territory
mm
I * :••'•                 of one or more Member States
                (presented by the Commission pursuant to Article 149(3)
                                   of the EEC-Treaty)
 ---pagebreak---                             -i~
                          EXPLANATORY MEMORANDUM
1. On 26 July 1991 the Commission presented to the Council a proposal for
   a Council Regulation on access to the market for the carriage of goods
   by road in the European Community to or from the territory of a Member
   State or passing across the territory of one or more Member States.
   The proposal in particular aims at adopting the necessary measures for
   the application of the Regulation (EEC) No. 1841/88, amending
   Regulation (EEC) No. 3164/76 on the Community quota for the carriage of
   goods by road between Member States. The main objectives were the
   realization of the freedom to provide services and the introduction of
   the Community licence, without quantitative restrictions and based on
   qualitative criteria.
2. The Economic and Social Committee has given its opinion of 2 7 December
   1991.
3. The European Parliament, during its plenary session of 17 January 1992,
   has approved the proposal of the Commission but has introduced a
   certain number of amendments.
4. The Commission accepts those amendments of the Parliament which contain
   elements of enrichment or contribute to clarity. Although not
   accepting the amendments which tend to impose certain environmental
   criteria to the vehicles covered by the Community licence, the
   Commission is ready to examine the opportuneness of such an approach
   taking into account the environmental requirements which are to be met
   by the road transport vehicles of the near future.
 ---pagebreak---                              - 2 -
         Initial proposition            Modified proposition
          of the Commission        according to article 149/3 CEC
            Proposal for a
      COUNCIL REGULATION (EEC)
    on access to the market for
        the carriage of goods
       by road in the European
Community
   to or from the territory of a
Member State
  or passing across the territory
of one or more 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 the establishment of a
common transport policy entails,
inter alia laying down common
rules applicable to access to
the market for intra-Community
carriage of goods by road on the
territory of the Community;
whereas those rules should be
established in such a way as to
contribute to the attainment of
the internal transport market;
1   OJ   pm
2   OJ   pm
3   OJ   pm
 ---pagebreak---                              - 3 -
        Initial proposition             Modified proposition
         of the Commission         according to article 149/3 CEC
Whereas these uniform
arrangements for market access
also entail bringing about
freedom to provide services by
eliminating all restrictions
imposed on the provider of
services as a result of his
nationality or the fact that he
is established in a Member State
other than that where the service
is to be provided;
Whereas, following the judgment
of the Court of Justice of 22 May
1985 in Case 13/83 1 and the
conclusions adopted on 28 and 29
June 1985 by the European Council
concerning the Commission's
communication on the completion
of the internal market, the
Council adopted Regulation (EEC)
No 1841/88 2 amending Regulation
(EEC) No 3164/76 3 , which relates
to access to the market for the
international carriage of goods
by road;
Whereas Article 4 bis of
Regulation (EEC) No 3164/76, as
inserted by Regulation (EEC) No
1841/88, provides, with effect
from 1 January 1993 and with
regard to the kinds of transport
operation referred to herein, to
abolish transport quotas and to
create a free market founded not
on quantitative restrictions but
on qualitative criteria to be
satisfied by road hauliers;
1 European Court Reports 1985, p.
1556
2 OJ No L 357, 29.12.1976, p. 1
3    OJ No L 357, 29.12.1976, p.1
 ---pagebreak---                             - 4 -
       Initial proposition                   Modified proposition
        of the Commission               according to article 149/3 CEC
Whereas pursuant to Article 4b of
Regulation (EEC) No 3164/76, as
inserted by Regulation (EEC) No
1841/88, the Council has to adopt
the measures necessary to
implement the aforementioned
Article 4a;
Whereas with regard to the rules
for applying the access
arrangements it is necessary to
make intra-Community carriage of
goods by road conditional on the
possession of a quota-free
Community transport
authorization;
Whereas it is important to ensure
that the authorizations are
issued to hauliers who offer all
the qualitative guarantees needed
for the proper functioning of the
market concerned;
Whereas it is necessary to
specify the conditions for
issuing and withdrawing the
authorizations and their scope,
period of validity and details of
usage,
                                  Whereas access to the market based solely
                                  on qualitative criteria is one component
                                  of the internal transport market which
                                  has yet to be completed, equally
                                  important components of which are:
 ---pagebreak---                            - 5 -
       Initial proposition             Modified proposition
        of the Commission         according to article 149/3 CEC
                                   free cabotage
                                   harmonization in the fiscal and
                                   social fields
                                   harmonization of technical
                                   standards taking into consideration
                                   environmental criteria
                                   the crisis mechanism
                                   market observation
                                   the elimination of border controls
HAS ADOPTED THIS REGULATION:
            Article 1
This Regulation shall apply to
intra-Community carriage of goods
by road for hire or reward.
            Article 2
For the purposes of this
Regulation:
    "intra-Community transport
    operation" means journeys
    undertaken by a laden or
    unladen vehicle during which
    the vehicle travels from one
    Member State to another or
    crosses a border between the
    Community and a non-member
    country with all or part of
    the journey being effected on
    Community territory;
 ---pagebreak---                         - 6 -
   Initial proposition             Modified proposition
    of the Commission         according to article 149/3 CEC
"vehicle" means a motor
vehicle, a trailer, a semi-
trailer or a coupled
combination of vehicles used
exclusively for the carriage
of goods.
        Article 3
From 1 January 1993 the
transport operations referred
to in Article 1 shall be
subject to a system of quota-
free Community authorizations
which will entitle holders to
access to the market for the
transport operations in
question without any
quantitative restrictions.
Any haulier carrying goods by
road for hire or reward who:
-   is established in a
    Member State in
    accordance with the
    legislation of that
    State,
-   is entitled in that
    State, in accordance with
    its legislation and that
    of the Community, to
    carry out intra-Community
    carriage of goods by
    road,
    possesses a Community
    haulier's authorization,
 ---pagebreak---                             - 7 -
       Initial proposition                   Modified proposition
        of the Commission               according to article 149/3 CEC
    shall be allowed to effect
    the transport operations
    referred to in Article 1.
            Article 4
The Community haulier's           The Community haulier's authorization
authorization referred to in      referred to in Article 3 shall replace
Article 3 shall replace the       the authorization, licence, permit or any
authorization, licence, permit or other facility that hauliers must possess
any other facility that hauliers  prior to the entry into force of this
must possess in order to carry    regulation in order to carry out
out international transport       international transport operations,
operations.
            Article 5
    The Community haulier's
    authorization referred to in
    Article 3 shall be issued by
    the competent authorities of
    the Member State in which the
    haulier is established within
    the meaning of Article 52 of
    the EEC Treaty.
    Certified true copies of the
    authorization referred to in
    Article 3 shall be issued by
    the same competent
    authorities as those referred
    to in paragraph 1 above.
 ---pagebreak---                        - 8 -
   Initial proposition             Modified proposition
    of the Commission         according to article 149/3 CEC
The authorization shall        The authorization shall correspond
correspond to the model set    to the model set out in the Annex,
out in the Annex, which also   which also lays down the conditions
lays down the conditions for   of use.
using them.
The authorization shall be     In case that the holder of the
made out in the haulier's      authorization is not the owner of
name and may not be            the vehicle used, a document should
transferred by the latter to   accompany the vehicle defining the
third parties.                 right of the holder of the
                               authorization in respect to that
                               vehicle.
Each authorization or
certified true copy thereof
may be used for only one
vehicle at a time. In the
case of a coupled combination
of vehicles it shall
accompany the motor vehicle;
it shall cover the whole of
the coupled combination of
vehicles even if the trailer
or semi-trailer is not
registered or put into
circulation in the name of
the authorization holder or
is registered or put into
circulation in a different
Member State or in another
State belonging to the
European Conference of
Ministers of Transport.
The authorization, or a
certified true copy thereof,
must be produced whenever
required by an authorized
inspecting officer.
 ---pagebreak---                         - 9 -
   Initial proposition             Modified proposition
    of the Commission         according to article 149/3 CEC
        Article 6
The authorization shall be
issued for a specified period
and shall be valid for a
maximum of six years.
An authorization whose
validity is to due to expire
shall be wholly or partly
extended at the holder's
request for a maximum of six
years.
        Article 7
Whenever an application for
the issue or extension of an
authorization is lodged, and
at the latest three years
after the issue or extension
thereof, the competent
authorities shall verify:
    whether the haulier
    satisfies, or still
    satisfies, the conditions
    for access to the
    profession of road
    haulier in intra-
    Community transport
    operations, and
 ---pagebreak---                           - 10 -
      Initial proposition             Modified proposition
       of the Commission         according to article 149/3 CEC
       whether the haulier is
       complying with his tax,
       social, technical and
       administrative
       obligations or, in the
       case of an application
       lodged by a new haulier,
       whether it can be
       assumed, on the basis of
       general rules approved
       beforehand, that the
       haulier will comply with
       the said obligations.
2. Where the conditions in
   paragraph 1 were not or not
   fully satisfied the competent
   authorities shall reject the
   application by means of a
   reasoned decision or shall
   lay down, in respect of the
   issue or extension of the
   authorization, compliance
   with certain appropriate
   obligations until the said
   conditions are satisfied.
 ---pagebreak---                            - 11 -
       Initial proposition                   Modified proposition
        of the Commission               according to article 149/3 CEC
            Article 8
Even if the conditions referred   Even if the conditions referred to in
to in Article 7 have been         Article 7 have been satisfied the
satisfied the competent           competent authorities may, on the basis
authorities may, on the basis of  of existing national legislation, after
rules in force, after first       first consulting the Commission, attach
consulting the Commission, attach conditions to the issue extension or
conditions to the issue or        retention of the authorizations provided
extension of the authorizations   that those conditions are warranted on
provided that those conditions    grounds of safety, protection of the
are warranted on grounds of       environment, and the application of
safety, protection of the         social rules, and that they are
environment, the haulier's        compatible with the right of
technical and financial capacity  establishmpent and freedom to provide
and the application of social     services without distorting competition.
rules, and that they are
compatible with the right of
establishment and freedom to
provide services without
distorting competition.
            Article 9
1.  The competent authorities
    shall withdraw the
    authorization where the
    haulier:
        no longer satisfies the
        conditions laid down in
        Article 3(2) or no longer
        satisfies the conditions
        and obligations referred
        to in Articles 7 and 8,
        has supplied incorrect
        information in relation
        to the data required for
        the issue or extension of
        the authorization, or
 ---pagebreak---                     - 12 -
Initial proposition                 Modified proposition
 of the Commission             according to article 149/3 CEC
 has been convicted, after -    has been convicted, after the issue
 the issue of the               of the authorization or during
 authorization, of serious      periodic checks, of serious and
 and repeated infringement      repeated infringement of the
 of the provisions              provisions governing transport and
 governing transport and        traffic, notably of the rules on
 traffic, notably of the        access to the market, driving and
 rules on access to the         rest periods, the weights and
 market, driving and rest       dimensions of vehicles, the
 periods, the weights and      maintenance, equipment and
 dimensions of vehicles,        technical inspection of vehicles,
 the maintenance,               drivers' licences, road safety, the
 equipment and technical        highway code and the speed limiting
 inspection of vehicles,        device (if obligatory for the
 drivers' licences, road        vehicle in question).
 safety and the highway
 code.
                                The Member States determine the
                                conditions under which the
                                authorizations may, by way of
                               derogation from the provisions of
                               Article 3 paragraph 2 and articles
                                7 and 8, be maintained on a
                               temporary basis, for a maximum
                               period of one year, in the event of
                               the death or physical or legal
                               incapacity of the natural person
                               engaged in the activity of haulier
                               or of the natural person who
                               satisfies the conditions of good
                               repute and professional competence
                               mentioned in the Aticle 3 paragraph
                               1 under a) and c) of the Directive
                               74/561< 1 ) of the Council of 12
                               November 1974.
                           (1) OJ No L 308, 19.11.1974,
                               p. 18
 ---pagebreak---                             - 13 -
       Initial proposition              Modified proposition
        of the Commission          according to article 149/3 CEC
            Article 10
Before 31 January each year
Member States shall inform the
Commission of the number of
hauliers possessing an
authorization and of the number
of certified true copies issued
by the competent authorities in
their country during the
preceding year.
            Article 11
1.  The Member States shall give
    each other mutual assistance
    to ensure the application and
    monitoring of this
    Regulation.
    To this end, they shall
    communicate to each other:
    -   the names of hauliers
        possessing an
        authorization, and
    -   the number of certified
        true copies issued to
        each of these hauliers.
    Where the competent
    authorities of a Member State
    learn of an infringement of
    this Regulation committed by
    the holder of an
    authorization issued in
    another Member State, the
    Member State on whose
    territory the infringement
    was ascertained shall notify
    it to the authorities of the
    Member State that issued the
    authorization.
 ---pagebreak---                        - 14 -
   Initial proposition             Modified proposition
    of the Commission         according to article 149/3 CEC
The competent authorities
shall communicate to each
other and to the Commission,
every three months, all the
information in their
possession on the penalties
applied in respect of those
infringements no later than
four months following the
date on which a definitive
penalty has been imposed.
The penalties referred to in   The penalties referred to in
paragraph 2 above must be      paragraph 2 must be non-
non-discriminatory,            discriminatory, commensurate with
commensurate with the          the severity of the infringement,
severity of the infringement,  and make it possible inter alia to
and make it possible inter     detain the vehicle for at least two
alia to detain the vehicle     days but not exceeding six days
for at least two days but not  where the following infringements
exceeding six days where the   have been committed: exceeding
following infringements have   driving hours, overloading the
been committed: exceeding      vehicle, exceeding the vehicle's
driving hours, overloading     authorized dimensions, excess
the vehicle, exceeding the     speed, failure to maintain and
vehicle's authorized           equip the vehicle as required and
dimensions, excess speed,      fraudulent actions involving the
failure to maintain and equip  speed limiting device (if
the vehicle as required.       obligatory for the vehicle in
                               question).
If there has been a serious    If there have been serious and
breach of this Regulation the  repeated breaches of this
authorization shall be         regulation the authorization shall
withdrawn immediately.         be withdrawn immediately.
 ---pagebreak---                              - 15 w
       Initial proposition               Modified proposition
        of the Commission           according to article 149/3 CEC
            Article 12
The following shall be repealed!
    Regulation (EEC) No 3164/76|
-   Articles 1 and 2 of Directly©
    75/130/EEC< 1 >;
-   the First Directive of 23
    July 1962( 2 ), except as
    regards carriage on own
    account as defined in point
    11 of the Annex I theretof
    Directive 65/269/EEC< 3 >;
    Decision 80/48/EEC< 4 ).
            Article 13
The Member States shall
communicate to the Commission the
measures taken in relation to the
implementation of this
Regulation.
            Article 14
This Regulation shall enter into
force on 1 January 1993.
This Regulation shall be binding
in its entirety and directly
applicable in all Member States,
Done at Brussels,         For the
                          Council
                          The
                          President
(1)     OJ No L 48, 22.2.1975, p f
        31
(2)     OJ No 70, 6.8.1962; p.
        2005/62
(3)     OJ No 88, 24.5.1965, p f
        1469/65
(4)     OJ No L 18, 24.1.1980,
        p.21
 ---pagebreak---                                   -n-
                                             The annex remains unchanged
                                      ANNEX
                               EUROPEAN COMMUNITY
                                       (a)
                                    (DIN A4)
                       (first page of the authorization)
                   (Text in the official language(s) of the
                   Member State issuing the authorization)
         State issuing the authorization          Name of the authority
         Distinguishing sign                              or responsible body
Authorization* No
for the intra-Community carriage of goods by road for hire or reward
This authorization entitles 2
to carry goods by road for hire or reward by any route, using a single
vehicle or a coupled combination of vehicles, from any Member State of the
European Community to any other Member State, or between a Member State and
a non-Community country, or between non-Community countries in respect of
that part of the journey effected on the territory of the Community, and to
move such vehicle or combination unladen over any part of the territory of
the Community.
Conditions foi—tree of the authorization:
1 The distinguishing signs are:
Belgium (B), Denmark (DK),
Germany (D),              Greece
(GR), Spain (E), France (F),
Ireland (IRL), Italy (I),
        Luxembourg (L),
Netherlands (NL), Portugal (P),
United Kingdom (GB).
2, .Name or business.name,and full
This authorization is valid
address of the haulier.
 ---pagebreak---                               -n-
from                        to..
Issued in
                              3
on
3 Signature and stamp of the
authority or body issuing the
licence.
 ---pagebreak---                                  -1f-
                                      (b)
                      (second page of the authorization)
                   (text in the official language(s) of the
                      Member State issuing the language)
GENERAL PROVISIONS
This authorization is valid for the intra-Community carriage of goods by
road for hire or reward.
It entitles the holder to carry out, on the territory of the Community,
and, where appropriate, on the conditions laid down therein:
-   transport operations between Member States
-   the following types of transport operation in respect of that part of
    the journey effected in the Community:
        transport operations starting in a Member State and ending in a
        non-Community country
        transport operations starting in a non-Community country and ending
         in a Member State
        transport operations between non-Community countries passing in
        transit through the territory of one or more Member States
-   unladen journeys by vehicles.
The authorization is personal to the holder and non-transferable.
It may be withdrawn by the competent authority of the Member State which
issued it, notably where the haulier:
-   has not complied with all the conditions for using the authorization;
-   has supplied incorrect information with regard to the data needed for
    the issue or extension of the authorization;
-   has been convicted, after the issue of the authorization, of serious
    and repeated infringements of the provisions governing transport and
    traffic, notably of the rules on access to the market, driving periods
    and rest periods, the weights and dimensions of vehicles, the
    maintenance, equipment and technical inspection of vehicles, drivers'
    licences, road safety and the highway code.
The authorization may be used for only one vehicle at a time 1 . In the
case of a coupled combination of vehicles it must accompany the tractive
unit; it covers the coupled combination of vehicles even if the trailer or
semi-trailei'—is not registered or authorized to use the roads in the name
1_ Vehicle, means^a single vehicle . ^ .     . ^                     ,
of the authorization holder or if it is registered or put into circulation
in a different Member State or in another State belonging to the European
vehicles.
 ---pagebreak---                                -1*
Conference of Ministers of Transport.
The authorization must be kept in the vehicle.
The authorization must be produced whenever required by an authorized
inspecting officer. The holder must comply on the territory of each Member
State with the laws, regulations and administrative provisions in force in
that State, particularly with regard to transport and traffic.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (92) 104 final
                                                     DOCUMENTS
EN                                                                              07
                                Catalogue number: CB-CO-92-115-EN-C
                                                             ISBN 92-77-42124-X
Office for Official Publications of the European Communities
L-2985 Luxembourg