CELEX: 51976PC0630
Language: en
Date: 1976-11-29
Title: Proposal for a Decision of the Council amending Council Decision N° 65/271/EEC of 13 May 1965 on the harmonization of certain provisions affecting competition in transport by rail, road and inland waterway (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
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DOCUMENTS "COM"
COM (76) 630
Vol. 1976/0190
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(76)630 final.
                                              \              . •
                                                  Brussels , 29 November 1976 *
                                   Proposal for a
             Decision of the Council amending Council Decision N° 65 / 271 / EEC
             of 13 May 1965 on the harmonization of certain provisions affecting
             competition in transport by rail , road and inland waterway ,
                 ( submitted, to the Council "by the Commission)
C 0:i (7 6) 630 final .          )
 ---pagebreak---                                          - 3 -
EXPLANATORY MEMORANDUM
                                                                            1-
1.           Article 15 of Council Decision N° 65 / 271 / EEC of 13 May 1965 on the
harmonization of certain provisions affecting competition in transport by
rail , road and inland waterway provides that every two years the Commission
shall present to the Council a report on the implementation of that Decision
and shall , where appropriate , make proposlas to amend or supplement it as the
establishment of the common market and the development of the common transport
policy may require ; since then five reports have been presented to the Coun­
cil , the most recent being dated 20 June 1975 ( 2 ).
2.           As regards Section I ( taxation ), the present situation is as follows :
Article 1
 ( a ) there is a tendency, to solve the problem of the abolition of double ta­
        xation of motor vehicles , at least provisionally , by changing the national
        taxation systems for commercial vehicles .
 ( b ) the duty-free admission of fuel contained in the fuel tanks of commercial
        motor vehicles was the subject of a proposal for a Directive amending the
        Council Directive of 19 July 1968 which provided that no more than 50
         litres      fuel could be admitted duty-free , wherearthe absence of any
         Community provisions on the duty-free admission of fuel contained in the
         fuel tanks of inland waterway vessels does not give rise to any problems
         as imports of such fuel are not subject to taxation in any Member State
         provided that certain conditions are observed .
 Article 2
 The adoption of a uniform basis for the calculation of tax on motor vehicles
  was the subject of a proposal for a first Directive in 1969 concerning changes
  t'o the national taxation systems in respect of commercial vehicles . As there
  are no taxes on inland waterway vessels in the Member States , the Commission
  considers that there is no immediate need to present proposals on a uniform
  basis for calculating such taxes and that it should rather devote its efforts
  to implementing other more urgently required provisions .
  A rti c le 3
  The provisions relating to the aligment of specific taxation systems in res­
  pect of the carriage of goods for hire or reward and on own account became
   binding when the common system of turnover tax was introduced .
  A rti c le 4
   Value added tax on the carriage of goods is charged in nearly all the Member
   States , be it on the transport operation or the final product .
   ( 1 ) 0J 88 , 24 May 1965 , p. 1500/ 65
   ( 2 ) Doc . COM ( 75 ) 301 final
 ---pagebreak---                                           - 4 -
 3.            Section II ( provisions concerning certain kinds of State interven­
 tion ) of the Decision of 13 May 1965 has been implemented in full .
               Articles 5 and 6 concerning the abolition of obligations inherent
  in the concept of a public service were the subject of Council Regulation ( EEC )
  No 1191 / 69 of 26 June 1969(1 ) on action by Member States concerning the oblig­
  ations inherent in the concept of a public service in transport by rail , road
  and inland waterway .
                Articled on the normalization of the accounts of railway undertakings
  was the subject of Council Regulatbn ( EEC ) No 1192/ 69 of 29 June 1969 ( 2 ) on
  common rules for the normalization of the accounts of railway undertakings .
                Article 8 which relates to the termoni zati on of the rules governing
  the financial relations between railway undertakings and Member States , led to
  the adoption of Council Decision n° 75/ 327/ EEC of 20 May 1975 ( 3 ) on the
   improvement of the situation of railway undertakings and the harmom zation
i of rules governing financial relations between such undertakings and States .
                Finally , Article 9 , which concerns the grant of aids in respect of
  transport by rail , road and inland waterway , was the subject of Council
   Regulation ( EEC ) No 1107/ 70 of 4 June 1970 ( 4 ) on the granting of aids for
   transport by rail , road and inland waterway , as amended by Council Regul­
   ation ( EEC ) No 1473/ 75 of 20 May 1975 ( 5 ).
                Furthermore , Article 14 of the Council Decision of 20 May 1975
   provides that every two years the Commission shall present to the Council a
   report on the implementation by the Member States of this Decision and of
   Regulations ( EEC ) Nos 1191 / 69 , 1192/ 69 and 1107/ 70 . This new report will
    include information which could be given in the report referred to in the
    Decision of 13 May 1965 .
   4.           As regards Section III ( social provisions , Articles' 10 to 13 ),
   Article 17 of Council Regulation ( EEC ) No 543/ 69 of 25 March 1969 ( 6 ) on
    the harmonization of certain social legislation relating to road transport
    provides that each year the Commission shall present to the Council a report
    on the implementation of this Regulation . Similar provisions are included
    in the proposal for a Council Regulation on the harmonization of certain
    social provisions relating to goods transport by inland waterway ( 7 )
    currently pending before the Council .
    Similar provisions will be drawn up in due course for the rail sector .
     5.          In view of the foregoing , the report provided for in Article 15 of
    the Decision of. 13 May 1965 overlaps other more comprehensive reports to a
     large extent and is therefore no longer of much value . The Council has not
     even examined the most recent reports .
       1 ) 0J L  156 -  28.6.1969
     ( 2)  0J L  156 -  28.6.1969
     (3)   0J L 152  -  12.6.1975
     ( 4)  0J L 130  -  15.6.1970
     ( 5)  0J L 152  -  12.6.1975
     ( 6)  OJ L 77 •■ 29.3.1969
     ( 7)  0J C 259 - 12.11.1975 ,   p.
 ---pagebreak---                                       - 5 -
         It would therefore seem advisable to abolish the regular presentation
of the report in question and for this purpose to delete Article 15 of Council
Decision No 65 / 271 / EEC of 13 May 1965 .
 ---pagebreak---                                          - 6 -
                                     PROPOSAL FOR A
Decision of the Council of           .. amending Decision 65 / 271 / EEC on the harmon­
ization of certain provisions affecting competition in transport by rail ,
road and inland waterway
THE COUNCIL OF THE EUROPEAN COMMUNITIES
having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 75 and 99 thereof ,
having regard to the proposal from the Commission ,
having regard to the Opinion of the European Parliament ,
having regard to the Opinion of the Economic and Social Committee
whereas Article 15 of Council Decision 65 / 271 / EEC of 13 May 1965 on the
harmonization of certain provisions affecting competition in transport by
rail , road and inland waterway ( 1 ) provides that every two yeans the Commis­
sion shall present to the Council a report on the implementation of that
 Decision and shall , where appropriate , make proposals to amend or supplement
 it as the establishment of the common market and the development of the
 common transport policy may require ; whereas in compliance with this provi
 sion five reports have been presented to the Council , the most recent being
 dated 20 June 1975 ( 2 );
 whereas , in respect of Section I ( taxation ), the objectives laid down in
 Articles 3 and 4 have been achieved almost in their entirety , and whereas
 proposals are being examined by the Council with regard to Articles 1 and 2 ,
 whereas Section II ( provisions concerning certain kinds of State intervention )
 has been implemented in full ; whereas Article 14 of Council Decision
 75 / 327/ EEC of 20 May 1975 on the improvement of the situation of railway
 undertakings and the harmonization of rules governing financial relations
 between such undertakings and States ( 3 ) provides that every two years the
  Commission shall submit to the Council a report on the implementation by
 Member States of that Decision and of Council Regulations ( EEC ) Nos 1191 / 69
 of 26 June 1969 on action by Member States concerning the obligations inher­
  ent in the concept of a public service in transport by rail , road and inland
  waterway ( 4 ), 1192/ 69 of 26 June 1969 on common rules for the normalization
  of the accounts of railway undertakings ( 5 ) and 1107 / 70 of 4 June 1970 on
  the granting of aids for transport by rail , road and inland waterway ( 6 );
  whereas as far as this Section is concerned that report covers all the items
  which could be included in the report provided for in the Decision of 13 May
  1965 ;
  whereas , in respect of Section III ( social provisions ). Article 17 of Council
  Regulation ( EEC ) No 543/ 69 of 25 March 1969 on the harmonization of certain
  social legislation relating to road transport ( 7 ) provides that every two
  years the Commossion shall present to the Council a report on the implement­
  ation of that Regulation ; whereas similar provisions will be laid down in
  other Regulations relating to the inland waterway and rail sectors ;
   ( 1 ) 0J 88 - 24.5.1965 , p. 1500/ 65       ( 5 ) OJ L 156 - 28.6.1969
   C2 ) Doc . COM ( 75 ) 301 final             ( 6 ) 0J L 130 - 15.6.1970
   ( 3 ) 0J L 152 - 12.6.1975 , p. 3           ( 7 ) 0J L 77 - 29.3.1969 , p. 49
   ( 4 ) 0J L 156 - 28.6.1969
 ---pagebreak--- Whereas in these circumstances it is clear that the report provided for "In
Article L.5 of the Decision of 15 Hay 1965 to a large extent duplicates other
more comprehensive reports ;
HAS ADOPTED THIS DECISION :
                                   Article 1
Article - 15 of Council Decision No 65 / 271 / EEC of 13 May 1965 on the harmoni zati oi :
of certain provisions affecting competition in transport by rail , road and
inland waterway is hereby repealed.'
                                   Article 2
This Decision is addressed to the Member States .
Done at Brussels ,                                        For the Counci I ;
                                                          the president