CELEX: 31974R3255
Language: en
Date: 1974-12-19 00:00:00
Title: Regulation (EEC) No 3255/74 of the Council of 19 December 1974 extending and amending Regulation (EEC) No 1174/68 on the introduction of a system of bracket tariffs for the carriage of goods by road between Member States

28 . 12 . 74                              Official Journal of the European Communities                              No L 349/3
                                 REGULATION ( EEC) No 3255 /74 OF THE COUNCIL
                                                       of 19 December 1974
               extending and amending Regulation (EEC) No 1174/68 on the introduction of a
               system of bracket tariffs for the carriage of goods by road between Member
                                                               States
THE COUNCIL OF THE EUROPEAN                                           transparent ; whereas such simplification must,
COMMUNITIES,                                                          however, be counterbalanced by making it possible for
                                                                      the Commission to obtain          all the   information  it
Having regard to the Treaty establishing the European                 considers       necessary  or  relevant   regarding   such
Economic Community, and in particular Article 75                      contracts ;
thereof ;
Having regard to the proposal from the Commission ;                   Whereas carriage of live animals should not be subject
                                                                      to this system ; whereas prices for such carriage are
Having regard to the Opinion of the European Parlia­                  fixed according to specific rules,
ment (') ;
Having regard to the Opinion of the Economic and
Social Committee (2 ) ;                                               HAS ADOPTED THIS REGULATION
Whereas by virtue of its Article 17, Council Regula­
tion (EEC) No 11 74/ 68 (3 ) of 30 July 1968 on the                                             Article 1
introduction of a system of bracket tariffs for the
carriage of goods by road between Member States, as                    1 . The period of validity of Council Regulation
last amended by Regulation ( EEC) No 2826 /72 (4 ), is                ( EEC) No 1 174/ 68 , as last amended by Council Regu­
valid until 31 December 1974 and may be extended                      lation ( EEC) No 2826/ 72, is hereby extended until 31
for a period of one year in the event of the Council                  December 1 975 .
failing to decide by that date on the tariff system to be
applied subsequently ;                                                2.        By way of an exception and in so far as the
                                                                      tariffs in question have not yet been fixed , the provi­
Whereas the Commission , in its communication to
                                                                      sions of the abovementioned Regulation , as amended
the Council of 25 October 1973 concerning the deve­                   by this Regulation , shall not apply during the exten­
lopment of the common transport policy, envisaged                     sion period laid down in paragraph 1 above to the
reviewing the tariff system for the carriage of goods by              carriage of goods for which all or part of the itinerary
road ; whereas this communication was the subject of                   followed by the road vehicle is by sea .
a resolution adopted by the European Parliament on
25 September 1974 and has not yet been fully
examined by the Council ; whereas in the meantime                                               Article 2
the tariff system established by Regulation ( EEC) No
 1174/68 should be extended for one year ;                             Regulation ( EEC) No 1174/ 68 shall be amended as
                                                                       follows :
Whereas the system in force is of an experimental and
 provisional nature ; whereas significant difficulties                  1 . The following paragraph shall be added to Article
have been encountered in applying the provisions of                         5 :
the above Regulation to journeys involving the embar­
                                                                            '9.    Member States shall send to the Commission
 kation of a road vehicle onto a seagoing vessel for all
or part of its journey ; whereas, in view of these diffi­                   a copy of any special contract requested by it,
culties and in so far as the tariffs in question have not                   together with the supporting evidence relating
 been fixed , it seems justifiable to make an exception                     thereto and any other information the Commission
and not to apply the provisions of the Regulation to                        considers necessary or useful for the purpose of
 such transport for the extension period laid down by                       checking measures taken .'
 this Regulation .
                                                                       2 . The first part of Article 8 (2) should read as
 Whereas, in the light of experience, the system of                         follows :
 publicizing special contracts must be improved and
greatly simplified ; whereas monthly returns have                           ' Each such body shall make available to the parties
                                                                            concerned the particulars of all special contracts
 proved too cumbersome and have not had the desired
                                                                            notified to it relating to any transport operation
 effect of rendering the contracts in question more
                                                                            whose loading point is situated within the area for
 (')  OJ No  C 85 , 18 . 7. 1974, p. 4.
                                                                            which it is responsible
 (-') OJ No  C 109 , 19 . 9 . 1974, p. 48 .
 (3)  OJ No  L 194, 6 . 8 . 1968 , p. 1 .                              3 . The second and third subparagraph of Article 8 ( 2)
 (■>) OJ No  L 298 , 31 . 12 . 1972, p . 12 .                               shall be deleted .
 ---pagebreak--- No L 349 /4                           Official Journal of the European Communities                          28 . 12. 74
4. The second sentence of the first subparagraph of              6. Article 1 6 shall be supplemented by a point (e)
    Article 1 1 (4) shall be deleted .                               worded as follows :
5 . Article 1 6 (c) shall be worded as follows :                     '(e) to the carriage of live animals.'
    '(c) to the types of carriage listed in Annexes I and
          II to the First Council Directive (') on the esta­
          blishment of certain common rules for interna­
                                                                                          Art itie 3
          tional transport (carriage of goods by road for
          hire or reward), as last amended by the Direc­
          tive of 4 March 1 974 (2),'                           This Regulation shall enter into force on 1 January
    '(2 ) OJ No L 84, 28 . 3 . 1974, p. 8 .'                     1 97.5 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels , 19 December 1974 .
                                                                               For the Co unciI
                                                                                 The President
                                                                               J. P. FOURCADE