CELEX: 51983PC0340
Language: en
Date: 1983-06-09
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 3164/76 ON THE COMMUNITY QUOTA FOR THE CARRIAGE OF GOODS BY ROAD BETWEEN MEMBER STATES

No C 179/6                                Official Journal of the European Communities                             6. 7. 83
             Huckepack-selskaberne / Gesellschaften fur den Huckepackverkehr / Etaipicc, m)v8ua<ifi£V0)v oSuabv
             0i5i)poSpO|iiKfi)v iietoupopav /Piggyback companies / Societe de ferroutage / Societa di trasporto
             combinato strada/ferrovia / Ondernemingen van rail-/wegvervoer
             — Cemat SpA
                  Via Savoia 19, I-Roma
             — Ferpac
                  Via Vittor Pisani 31, 1-20124 Milano
             — Deutsche Gesellschaft fur Kombinierten Guterverkehr mbH
                  Breitenbachstrafie 1, D-6000 Frankfurt am Main
             — Novatrans SA
                  21, rue du Rocher, F-75008 Paris
             — Trailstar NV
                  Boezembocht 31, NL-Rotterdam
             — Transport Route Wagon SA, rue A. Vandenpeereboom 13, B-1080 Bruxelles.
             Proposal for a Council Regulation amending Regulation (EEC) No 3164/76 on the
                      Community quota for the carriage of goods by road between Member States
                                (Submitted by the Commission to the Council on 15 June 1983)
THE COUNCIL OF THE EUROPEAN                                        carriers from all Member States to have equal access
COMMUNITIES,                                                       to the market;
Having regard to the Treaty establishing the                       Whereas, within the framework of such a system,
European Economic Community, and in particular                     supply should be adjusted to meet demand by means
Article 75 thereof,                                                which are in accordance with the requirements
Having regard to the proposal from the Commission,                 concerning the effective functioning of the markets
                                                                   and the promotion of the interests of the economy as
Having regard to the opinion of the European                       a whole; whereas quota systems should therefore be
Parliament,                                                        discontinued in the final stage; whereas, however, this
                                                                   stage can be reached only after a transitional period;
Having regard to the opinion of the Economic and
Social Committee,                                                  Whereas it is necessary to define the conditions
Whereas the adoption of a common transport policy                  governing access to the market under the final
involves inter alia laying down rules relating to the              system;
freedom to provide road haulage services between
                                                                   Whereas the Community quota should be substan-
Member States; whereas such rules should be drawn
                                                                   tially increased during the transitional period because
up in such a way as to favour the establishment of a
                                                                   of its advantages by comparison with bilateral quotas;
common transport market;
                                                                   whereas the Community quota should be adjusted in
Whereas a system of Community authorizations not                   accordance with objective criteria which ensure the
subject to quotas for the carriage of goods by road                correct matching of the development of the quota to
between Member States promotes the establishment                   that of road transport demand; whereas it is
of such a common transport market by ensuring                      important that this adjustment should be based on
greater freedom to provide international road haulage              statistics the validity of which is acknowledged by all
services throughout the Community and by allowing                  concerned;
 ---pagebreak--- 6.7.83                            Official Journal of the European Communities                             N o C 179/7
Whereas it is desirable that the annual discussions              — the use made of the Community quota authori-
concerning the adjustment of the quota should be                      zations by carriers established in each Member
kept to a strict minimum, by establishing an                          State, adjusted for vehicle waiting time due to
adjustment method which can be applied, without                       sea crossings which reduces the use made of
amendment as to the principles, for a period of                       these authorizations on certain routes.
several years;                                                   The method of calculating the distribution is given
Whereas the method of distributing among Member                  in Annex IV.'
States the authorizations resulting from the increase         2. The following paragraph 5 is added to Article 3:
in the Community quota should be based on criteria               '5.    The Council on a proposal from the
which ensure that the distribution is effected as                Commission shall fix, before 30 November of each
equitably as possible;                                           year, and in accordance with the criteria set out
Whereas it is desirable to streamline the processing   of        above, the increase in the quota and the distri-
the statistics relating to the Community quota         by        bution to Member States of the extra authori-
permitting the use of a sampling system and            by        zations resulting therefrom.'
limiting the provision of statistics to the supply     of     3. Article 4 (2) is replaced by the following:
quarterly data;                                                  '2.    From 1 January 1984, the competent autho-
Whereas Council Regulation (EEC) No 3164/76 (»),                 rities of the Member States shall forward to the
as last amended by Regulation (EEC) No 3515/82                   Commission, in anonymous form, quarterly data
(2), must be amended accordingly,                                within three months of the end of the reference
                                                                 quarter in the form of a table, a model of which is
                                                                 given in Annex III. The competent authorities of
HAS ADOPTED THIS REGULATION:                                     the Member States may introduce a sampling
                                                                 system subject to prior approval by the
                          Article 1                              Commission and on condition that it covers at
                                                                 least 10 % of the data collected.
Regulation (EEC) No 3164/76 is hereby amended as
                                                                 The Community shall be liable until 31 December
follows:                                                          1986 for the cost of processing the statistics and
1. In Article 3, paragraphs 2, 3 and 4 are replaced by           drawing up the tables referred to in the first
    the following:                                               subparagraph to the following extent:
    '2.     Each year for five years, the Community                       1984                          100 %
    quota shall be increased by a percentage equal to                     1985                           60 %
    five times the rate of increase in road haulage                       1986                           40 °/o
    traffic between Member States in the latest year
                                                                          1987                            0 %.'
    for which adequate statistics are available. A
    reduction in road haulage traffic between Member          4. The second subparagraph of Article 6 (1) is
    States shall not affect the Community quota.                 deleted.
                                                              5. Annex II to this Regulation is inserted as
    3.     If the development of road haulage capacity           Annex IV.
    between Member States covered by a quota proves
    to be inadequate to meet the development of                                        Article 2
    demand, the Council shall decide, acting by a
    qualified majority and on a proposal from the             With effect from 1 January 1989, the following
    Commission, on an appropriate increase in the             amendments shall be made to Regulation (EEC)
    Community quota in addition to the increase               No 3164/76:
    referred to in paragraph 2.                               1. The title of the Regulation is replaced by the
                                                                 following:
    4.     The Community authorizations resulting
    from the increase in the quota shall be distributed          'Council Regulation (EEC) No . . . of               on
    among the Member States taking into account the              Community authorizations for the carriage of
    following criteria:                                          goods by road between Member States'.
    — the economic weight of each Member State,               2. In Article 1, the words 'within a Community
    — the share of carriers established in each                  quota' are deleted.
         Member State of the overall market for the           3. In Article 2, paragraphs 4, 5 and 6 are replaced by
         transport of goods by road between Member               the following:
         States,                                                 '4.    The period of validity of Community autho-
                                                                 rizations shall be determined by the issuing
                                                                 Member State, but may not exceed three years.
(') OJ No L 357, 29. 12. 1976, p. 1.                             Authorizations shall be withdrawn if one or more
(2) OJ No L 369, 29. 12. 1982, p. 2.                             of the conditions of issue are no longer fulfilled.
 ---pagebreak--- No C 179/8                          Official Journal of the European Communities                           6. 7. 83
   5.    Community authorizations shall be issued by        5. Articles 3, 3a and 4 are deleted.
   the competent authorities of the Member States to
   any carrier established in their territory, provided     6. Annex I is replaced by Annex I to this Regulation.
   that the haulage operator concerned:                     7. Annexes la, II, Ha, III and IV are deleted.
   — satisfies the conditions governing access to the
       occupation of international road hauliers as
       laid down in Council Directive 74/561/EEC of                                 Article 3
        12 November 1974 on admission to the occu-
       pation of road haulage operator in national          1.    The Council may, before 31 December 1987,
       and international transport operations ( l ). For    acting on a proposal from the Commission, decide, as
       the purpose of this Regulation, a person shall       a result of developments in the transport market and
       not satisfy the condition of good repute if he       taking account of developments in the common
       has committed a serious infringement of traffic      transport policy, to postpone until 1 January 1992
       regulations or organization of transport within      the application of the provisions of Article 2 of this
       the previous three years,                            Regulation.
   — has been engaged for at least three years in the       2.    During the period between any decision
       activity of road haulage operator on domestic        concerning postponement referred to in paragraph 1
       routes or is already engaged from 1 January          and 31 December 1991, the Community quota shall
       1989 in international transport.                     be increased each year by 10 times the rate of
   6.    Member States may, if they so wish, and            increase in road haulage traffic between Member
   after consulting the Commission, lay down                States in the latest year for which adequate statistics
   conditions, in addition to the rules stipulated in       are available.
   paragraph 5, requiring the firm requesting the
   permits to prove the present or foreseeable                                      Article 4
   transport needs which they have been or will be
   asked to meet.'                                          The Commission shall, before 31 December 1987,
                                                            make the necessary proposals concerning the
4. The following paragraph 7 is added to Article 2:         application of the provisions of Article 2 of this
   '7.    Member States shall regularly inform the          Regulation.
   Commission of the number of Community autho-
   rizations issued.'
                                                                                    Article 5
                                                            This Regulation shall enter into force on 1 January
O OJNoL308, 19. 11. 1974, p. 18.                            1984.
 ---pagebreak--- 6. 7. 83                           Official Journal of the European Communities                               No C 179/9
                                                          ANNEX I
                                                          'ANNEX I
                                                             (a)
                                   (Thick coloured paper — format 1 5 x 2 1 cm)
                                         (First page of Community authorization)
             (Text to be worded in the official language or languages of the Member State issuing the
             authorization; translations in the other official languages of the Community to be given on
                                                      pages (e) and (f))
                COMMISSION                              State issuing                    Competent
                    OF THE                           the authorization-                   authority
                 EUROPEAN                               international                     or agency
               COMMUNITIES                           distinguishing sign
                          COMMUNITY AUTHORIZATION (') N o .
         for the carriage of goods by road for hire or reward between the Member States of the
                                           European Economic Community
         This authorization entides
                                                                                                          o
         to carry goods by road for hire or reward, by means of a single vehicle or a coupled combination of
         vehicles, from any Member State of the European Economic Community by any route to any other
         Member State thereof, and to move such vehicle or combination unladen over any part of the
         territory of the aforesaid Community.
         This authorization is valid from                                   to
         Issued at                                                     , date                            (3).
         (*) International distinguishing signs of Member States:
             Belgium (B), Denmark (DK), Germany (D), Greece (GR), France (F), Ireland (IRL), Italy (I),
             Luxembourg (L), Netherlands (NL), United Kingdom (GB).
         (2) Name, or registered business name, and full address of carrier.
         (J) Signature and stamp of the competent authority or agency issuing the authorization.
 ---pagebreak--- No C 179/10                          Official Journal of the European Communities                                6.7.83
                                                                (b)
                                          (Second page of Community authorization)
                (Text to be worded in the official language or languages of the Member State issuing the
                authorization; translations in the other official languages of the Community to be given on
                                                       pages (c) and (d))
                                                  GENERAL PROVISIONS
           This authorization permits the international carriage of goods by road for hire or reward from any
           Member State of the European Economic Community by any route to any other Member State, but
           does not authorize the carrying out of any transport operation for hire or reward entirely within the
           territory of one Member State.
           It is not valid for transport operations between a Member State and a non-member State, nor is it
           valid on the territory of a non-member State for transport in transit through that non-member State.
           It is personal to the holder and non-transferable.
           It may be withdrawn by the competent authority of the Member State which issued it.
           It may be used for only one vehicle at a time (*).
           It must be carried in the vehicle.
           The authorization must be produced whenever required by an authorized inspecting officer.
           The holder is required to comply in the territory for each Member State with the laws, regulations
           and administrative provisions of that State, and in particular with those concerning transport and
           road traffic.
           This authorization must be returned to the competent issuing authority or agency within 15 days
           following its date of expiry.
                                                           (c) and (d)
                                    (Third and fourth pages of Community authorization)
                   (Translations in the other official languages of the Community of the text on page (b))
                                                            (e) and (f)
                                      (Fifth and sixth pages of Community authorization)
                   (Translations in the other official languages of the Community of the text on page (a))'
            (*) 'Vehicle' means a single vehicle or a coupled combination of vehicles.
 ---pagebreak---                            Official J o u r n a l of the E u r o p e a n Communities
                                                     ANNEX      II
                                                    'ANNEX      IV
 Method of calculating the distribution among Member States of the authorizations resulting from
 increases in the Community quota.
Three distribution cirteria have been selected:
                                               I. Economic weight
This is quantified on the basis of the gross domestic product at market prices (value at current
prices and exchange rates) of each Member State.
The "economic weight" coefficient for a particular Member State is the percentage which its gross
domestic product represents in relation to the combined total of the gross domestic products of all
 10 Member States.
                                                 II. Market share
This is assessed on the basis of the tonnage loaded by the carriers in each Member State in intra-
Community traffic. The statistics are obtained by processing the results of Council Directive
78/546/EEC of 12 June 1978.
The "market share" coefficient for a particular Member State is the percentage represented by the
tonnage loaded by road hauliers of that Member State in relation to the total tonnage loaded by all
the road hauliers of all the Member States.
                 III. Utilization of the Community authorizations — Basic information
The level of utilization is to be measured on the basis of the number of tonne-kilometres worked
under cover of Community authorizations (average per authorization). The information in question
is obtained by processing the record sheets which carriers have to complete when using Community
authorizations (see Regulation (EEC) No 3024/77).
 Correction for the handicap arising from the geographical situation of certain Member States
This is obtained by adding to the number of tonne-kilometres specified above the tonne-kilometres
which would have been worked if the vehicles had not been immobilized during sea crossings:
number of tkm to be added for country i to                    60 (km/h) x waiting time (h)            during
the number of tkm worked per authorization                   crossings for carriers of country i x tonnage
as obtained by processing the record sheets                  carried under Community quota by carriers of
                                                             country i (t)
                                                              number of authorizations of country i
"60" represents the number of kilometres which would have been travelled in one hour if the
vehicle had not been immobilized.
The waiting time during crossings for country i is equal to the average crossing time to the nine
other Member States weighted by the significance of the potential market which each of the other
Member States represents for country i. This significance, for a particular Member State, is re-
presented by the volume (M + X) of its exports and imports by road within the Community.
Waiting time during crossings for carriers of                £     crossing time to country j (M + X) j
country i                                                     j
                                                                                  I (M + X) j
                                                                                  j
j = the other Member States.
 ---pagebreak--- N o C 179/12                           Official Journal of the European Communities                                      6. 7. 83
              Embarkation and disembarkation time is included in the crossing time.
              The "utilization of authorizations" coefficient is equal to the percentage represented by the level of
              utilization — adjusted in accordance with the method described above — of the carriers of a parti-
              cular Member State in relation to the total corrected level of utilization of the carriers of all 10
              Member States.
                      IV. Distribution of the authorizations resulting from increases in the Community quota
              Each Member State receives a percentage of the number of new authorizations equal to the
              arithmetic mean of the three coefficients:
              — economic weight,
              — market share,
              — utilization of authorizations.'
              Amendment to the proposal for a Council Decision adopting an experimental Community
              action to stimulate the efficacy of the European Economic Community's scientific and
                                                technical potential (1983-84) (')
              (Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty
                                                             on 8 June 1983)
                      ORIGINAL PROPOSAL                                                     AMENDED PROPOSAL
                                                      Decision unchanged
                                 Annex A: preamble and paragraph 1 unchanged
                         Paragraph 2                                                           Paragraph 2
2.    In these fields different kinds of illustrative                   2.    In these fields different kinds of illustrative
stimulation activities are to be tried out: research                    stimulation activities are to be tried out: research
allocations, laboratory twinning, seminars                      or      allocations, laboratory twinning, mobility of re-
workshops, sudsidies for research teams. On the other                   searchers, subsidies for research teams. On the other
hand a specific project of a multidisciplinary nature                   hand a specific project of a multidisciplinary nature
will be started up, to enable joint working by teams in                 will be started up, to enable joint working by teams in
different countries to bring it to successful conclusion.               different countries to bring it to successful conclusion.
                                               P a r a g r a p h s 3 to 4 u n c h a n g e d
                                                       Annex B unchanged
(') OJ No C 337, 23. 12. 1983, p. 6.