CELEX: 51988PC0800
Language: en
Date: 1988-12-22
Title: Proposal for a COUNCIL REGULATION (EEC) on the elimination of controls performed at the frontier of Member States in the field of road and inland waterway transport (presented by the Commission)

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Vol. 1988/0266
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM ( 88 ) 800 final
                                                 Brussels , 22 December 1988
                                 Proposal for a
                         COUNCIL REGULATION ( EEC )
on the elimination of controls performed at the frontier of Member States
            in the field of road and inland waterway transport
                       (presented by the Commission )
                                       07i 08Top
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 ---pagebreak---                                                        €&***■     o
                                    - 2 -
                          EXPLANATORY MEMORANDUM
1 . Article 75 of the EEC Treaty provides that for the purpose of im¬
    plementing the common transport policy , the Council shall lay down
    in addition to the common rules applicable to International trans ¬
    port and the conditions under which non-resident carriers may op ¬
    erate transport services within a Member State , any other appro-
    pr late provisions .
    The decisions taken so far by the Council concerning liberalizing
    and harmonizing measures , provide , inter alia , that transport op ¬
    erators should comply with certain rules which aim at avoiding
    disturbances to the organization of the transport market .
    With regard to the liberalizing measures , these rules require that
    authorizations and other documents     ( list of passengers ,  passen¬
    gers * travel document , etc .) should be duly filled in and carried
    on the vehicles . The harmonizing measures in road transport cover
    for example the installation and checking of recording equipment ,
    the obligation to carry on the vehicle certain certificates ( test ,
    conformity ) etc .
    These provisions do not however specify how and where inspections
    and verifications should take place leaving that decision implic¬
    itly or explicitly to Member States .
    This has led to a concentration of the different controls and ver ¬
    ifications at the frontiers of Member States with all the result ¬
    ing negative consequences .
    Therefore , while the establishment of a common transport policy
    progressively advances , the long waiting times and delays at in¬
    ternal Community frontiers seriously hinder the smooth flow of
    traffic and limit transport operators' optimal exploitation of the
    measures taken under Art . 75 .
    Member States * choice of frontiers for performing controls on the
    means of transport and their documentation is not Justified by
    economic or road safety reasons the motivation rather being that
    frontiers are a convenient place where possible infringements can
    be more easily detected .
    In order to remedy this situation the Commission proposes that on
    the basis of Article 75 certain supplementary provisions should be
    adopted in order to prevent Member States from performing controls
    on the means of transport and documentation at their frontiers .
 ---pagebreak---                                          3
2 . Such supplementary provisions become also necessary under the re ¬
    quirements of the realization of the internal market .       In fact ar ¬
    ticle 8A of the EEC Treaty provides that the Internal market shall
    comprise an area without internal frontiers in which the free
    movement of goods , persons , services and capital is ensured in ac ¬
    cordance with the provisions of the Treaty . The abolition of the
    internal frontiers within the Community entails the elimination of
    any controls or acts performed as a frontier activity .
    The elimination of frontier checks In respect of the means of
    transport and documentation will therefore have considerable im ¬
    portance In the framework of the Internal market .
    For this reason the Commission , within the White Paper programme
    for the completion of the internal market , has committed itself to
    send to the Council a proposal on abolishing frontier controls in
    the field of international transport .
3 . The present proposal concerns the different regulations and di ¬
    rectives at present in force which give rise to checks and inspec ¬
    tions on the means of road and inland waterway transport and rele ¬
    vant documentation .
    These measures are the following :
    Regu l at I ons
    a)     Regulation 117 / 66 / EEC on the introduction of common rules for
           the international carriage of passengers by coach and bus
           which entitles any authorized inspection officer to verify
           and control the certificates and documents as provided under
           the Regulation and prescribed in Commission 's Regulation
           1016 / 68 ( Certificate for carriage of workers by bus or coach
           and book of passenger waybills for the occasional services );
    b)     Regulation ( EEC ) 516 / 72 on the introduction of comnon rules
           for shuttle services by coach and bus between Member States ,
           which provides that the authorization , list of passengers and
           passengers' travel document as defined in the Regulation and
           prescribed in Commission 's Regulation 1172 / 72 shall be car ¬
           ried on the vehicle and be produced at the request of any au ¬
           thorized inspecting officer .
    c)     Regulation ( EEC ) 517 / 72 on the Introduction of common rules
           for regular and special regular services by coach and bus
           between Member States , which provides that the authorization
           provided for in article 3 and the operating rules provided
           for in article 5(1 ) of the Regulation and prescribed in Com ¬
           mission 's Regulation 1172 / 72 shall be carried on the vehicle
           and be produced at the request of any authorized       inspecting
           off i cer .
 ---pagebreak---                                        4
d)     Regulation ( EEC ) 3164 / 76 on the Community quota for the car ¬
       riage of goods by road between Member States as iast amended
       by Regulation 1841 /88 which provides that the community au¬
       thorization should be presented at the request of any autho¬
       rized inspecting officer .
e)     Regulation ( EEC ) 3820 / 85 on the harmonization of certain so¬
       cial legislation relating to road transport , which entities
       Member States to adopt measures which cover .         Inter alia , the
       organization of , procedure for and means of a control system
       to ensure that the provisions of the Regulation have been
       comp I led wi th ;
f)     Regulation ( EEC ) 3821 / 85 on recording equipment in . road
       transport , which entitles Member States to adopt measures
       which cover . Inter alia , the organization of , procedure for
       and means of carrying out , checks on whether the equipment
       complies with the provisions of the Regulation ;
D i rect I vas
a)     Directive 86/ 364 / EEC relating to proof of compliance of vehi ¬
       cles with directive 85 / 3 / EEC on the weights , dimensions and
       certain other technical characteristics of certain road vehi ¬
       cles as amended by directive 86 / 360 / EEC and directive
       88 / 218 / EEC , which provides that vehicles may be subject , as
       regards common standards on weights , to random checks and , as
       regards common standards on dimensions , only to checks where
       there       is a suspicion of non-compliance with directive
       85 / 3 / EEC ;   and  Directive   88 / 218 / EEC amending   directive
       85 / 3 / EEC which refers to a series of provisions laying down
       controls for mechanically refrigerated equipment ;
b)     Directive 77 / 143 / EEC on the approximation of the laws of the
       Member States relating to roadworth iness tests for motor ve¬
       hicles and their trailers as amended by directive 88 / 449 / EEC
       which provides that each Member State recognize the              proof
       that a vehicle has passed a roadworth iness test issued         in an¬
       other Member State ; this act of recognition implying          that a
       verification by national authorities be made anywhere          within
       their terr itor ies ;
c)     Directive 84/647/ EEC on the use of vehicles hired without
       drivers for the carriage of goods by road , which lays down
       that proof of compliance with the Directive is provided by
       carrying the contract of hire and the driver 's employment
       contract on board the hired vehicle ;
 ---pagebreak---                                          5
    e)     Directive 76 / 135 / EEC on reciprocal recognition of navigabil ¬
           ity licences for Inland waterway vessels , which provides that
           as proof of compliance with the Directive Member States may
           require that the navigability licences , certificates or au ¬
           thorization be presented to any authorized inspecting of -
           f icer ;
    f)     Directive 82 / 714 / EEC laying down technical    requirements for
           inland waterway vessels , which provides that Member States
           may at any time check that a vessel is carrying a certificate
           valid under the terms of the Directive .
4 . The checks ,    verifications and     inspections provided by the afore ¬
    mentioned regulations and directives are considered to be justi ¬
    fied and necessary In order to avoid disturbances to the organiza ¬
    tion of the transport market and make sure that road safety and
    the working conditions of drivers do not deteriorate .
    The different Community measures mentioned          in the previous para ¬
    graph do not lay down any provision as to where the checks and in ¬
    spections should take place .        In practice , however , Member States
    carry them out systematically at their frontiers although the same
    checks in the field of the national transport ( e.g. weights and
    dimensions , recording equipment for driving hours etc .), are per ¬
    formed in the     interior of their territories .
    This means that the practice of Member States to control systemat ¬
    ically the means of transport engaged          in intra-Community traffic
    at  their    frontiers  Is due   to considerations other    than those  re ¬
    lated to the      transport market organization or road safety .
    In addition to the checks and inspections resulting from Community
    measures there are some other controls based on national          law which
    are also carried out at Member States' frontiers .
    Such controls concern driving          licences and vehicles' insurance
    certificates . Although in the          field of national traffic Member
    States perform these controls in the interior of their territory ,
    in the case of intra-Community transport they carry them out at
    their frontiers .
5.  In order to provide for an adequate solution to the problem the
    Commission proposes that a Community provision should be adopted
    which will prevent Member States from performing controls pursuant
    to Community or national transport legislation at their frontiers .
    Such a Community provision Is proposed in the form of a Council
    Regu I at ion .
    The Commission , bearing in mind that the elimination of transport
    related controls at the Internal frontiers of the Community should
    not normally create great difficulties for the Member Status , pro ¬
    poses that the Regulation enter into force on 1st January 1990 .
 ---pagebreak---                                6
This date seems also appropriate in the context of the completion
of the internal market where the elimination of these controls in
1990 will constitute a positive precedent for the abolition of
frontier controls in the crucial field of persons and goods .
 ---pagebreak---                                 1
                  COUNCIL REGULATION ( EEC ) No .
                  Of
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Eco ¬
nomic Community , and in particular Article 75 thereof ,
Having regard to the proposal from the Comm I ss ion < 1 >
Having regard to the opinion of the European Par I iament ^ 2 )
Having regard to the opinion of the Economic and Social Com -
m i ttee(3 )
Whereas the realization of the freedom to provide services
in the field of transport is an important element of the
common transport policy under the Treaty and whereas , conse ¬
quently , It is the aim of the common transport policy to in ¬
crease the fluidity of movement of the different means of
transport within the Community ;
Whereas the European Community is engaged in the adoption of
measures with the aim of progressively establishing the in ¬
ternal market over a period expiring in 31 December 1992 ,
which comprises an area without internal frontiers in which
the free movement of goods , persons , services and capital is
ensured in accordance with the provisions of the Treaty .
Whereas under the Commission 's White Paper programme a pro ¬
posal should be presented to the Council in order to abolish
frontier checks and formalities related to the means of in ¬
 land transport and documentation ;
(1)
(2)
(3)
                «            >
                                                                )
 ---pagebreak---                                 2
Whereas pursuant to existing Community and national legisla¬
tion In the field of road and inland waterway transport Mem¬
ber States perform checks , verifications and inspections re ¬
lating to technical characteristics , authorizations , and
other documentation that vehicles and inland waterway ves ¬
sels must comply with , and that these checks , verifications
and inspections continue in general to be justified in order
to avoid disturbances to the organization of the transport
market and to ensure road safety ;
Whereas , according to existing Community legislation , Member
States are free to organize and perform the aforementioned
checks , verifications and Inspections where they wish but in
practice they carry them out from time to time at their
front iers ;
Whereas these controls , verifications and inspections may be
performed with equal efficacity within the Member States
concerned ;
HAS ADOPTED THIS REGULATION :
                            Article 1
This regulation applies to controls made by Member States
pursuant to Community or national legislation in the fields
of road and inland waterway transport .
                            Article 2
For the purposes of this Regulation
                                                          ' • -yfv.
(a)      " frontier " means either an internal frontier within
         the Community or an external frontier , where car ¬
         riage between Member States       involves crossing a
         third country ;
(b)      " control " means any check , inspection , verification
         or formality performed at the frontiers of Member
         States by the national authorities , which signifies
         a stop , or a restriction on the free movement of
         the vehicles or vessels concerned .
 ---pagebreak---                                 3
                          Art I c I e 3
Controls pursuant to Community or national measures In the
fields of road and inland waterway transport between Member
States , and in particular those specified In the annex to
this regulation , shall no longer be performed at the fron ¬
tiers of Member States .
                          Article 4
This Regulation shall enter into force on 1st January 1990 .
This Regulation shall be binding in Its entirety and di ¬
rectly applicable in all Member States .
       /
Done at Brussels
                                         For the Counc I I
                                        The President
 ---pagebreak---                                             ANNEX
                                           Part  I
                                 Commun 1 1 y leols I a 1 1 on
( A ) Direct 1 v » :
      (I)       Article 1 , paragraph 4 of Council directive 86 / 364 / EEC
                relating to proof of compliance of vehicle# with directive
                85 /3 / EEC on the weight *, dimension* and certain other
                technical characteristics of certain road vehicles as amended
               by directive 86/ 360 / EEC and directive 68 / 218 / EEr . which
               provides that vehicles may be subject , as regards common
               standards on-welgnts , to random checks and , as regards common
               • tender'd * on dimensions , only to checks where there is a
               suspicion of non-compliance ; and article 1 paragraph i of
               Council directive 88/ 218/ EEC amending directive 85 / 3 / EEC which
               refers to a series of provisions laying down controls for
               mechanically refrigerated equipment ;
     ^ Ll'') Article e , paragraph 3 of Council directive 77/143/EEC on the
               approximation of the laws of the Member States relating to
               roadworthiness teste for motor vehicles and their trailers as
               amended by directive 88 / 448 / E EC which provides that each
               Member State recognise the proof that a vehicle has passed a
               roadwor th Inees test Issued In another Member State ; this act
               of recognition Implying that a verification by national
               authorities be made anywhere within their territories ;
 ---pagebreak---     CM !)  Article 2 . paragraph 6 of Council directive 84 / 647 / EEC on the
          use of vehicles hired without drivers for the carriage of
           gooda by road , which lays down that proof of compliance witn
           the Directive le provided by a number of documents which must
          be on board the hired vehicle , the existence of the said proof
           Implying that Member Stated may require checking them anywhere
          end et any time ;
   ( lv ) Article . 3 , paragraph .2 of Council Direct I Ye 65 / '288 / EEC on the
          standardization of certain rules relating to authorizations
          for the carriage of goods by road between Member States as
          amended by directives 83/ 572 / EEC and 85 / 505 / EEC , which
)         provide * that author I tat lone must be carried on the vehicle
          and fee produced at the request of any authorized national
           Inspect Ing officer ;
   (V)    Article 3 , paragraphs 3 , 4 and 5 of Council Directive
          7&/ l 36/ EEC on reciprocal recognition of navigability licences
          for Inland waterway vessels , which providea that as proof of
          compliance with the Directive Member states may require that
          the licences , certificates or authorisation be produced ;
   ( vl ) Article 17 , paragraph 1 of Council Directive 82 // 14 / EEC laying
          down technical requirements for Inland waterway vessels , which
          provides that Member Statee may at any time check that a
          vessel It carrying a certificate valid under the terms of the
          Direct I ve ;
AA
 ---pagebreak--- ( T ) Rapulat lona :
       (I)      Articles 9 and 10 of Regulatlori 117 / 66 / EEC on tha Introduction
                of common rules for the International carriage of passengers-
                by coach and bus . which refer on documents and certificates
                and which entitle any authorised Inspection officer to verify
                and control the documents and to require the presentation of
                the documents ;
      ( II )    Articles 17 and 19 of Regulation 510/72 / EEC . on the
                 Introduction of common rules for shutt.le services by coach end
                bus between Member Statee , which provide that the
                authorization , list of passengers and travel document as
                defined In the Regulation shall be carried on the vehicle and
                be produced at the request of any authorised Inspecting
                officer ;
      ( III ) ■ Article 17 of Regulation 517/72/ E'EC' on the Introduction of
                common rules for regular and special regular services by coach
                and bus between Member 6tates , which provides that the
                author Izat Ion provided for In article 3 and th'e opsrat ing
                rules provided for In article 6(1 ) of the Regulation shall be
                carried on the vehicle and be produced at the request of any
                authorised Inspect Ing of f leer ;
      ( Iv )    Article 17 of Regulation 3S20/85/EEC on the harmonisation of
                certain eoclal legislation relating to road transport , which
                entitles Member States to adopt measures which cover , l n t er
                alia , the organisation of , procedure for and means of
                a control aystom to ensure that the provisions of the
                Regulation have been complied with ;
      (v)       Article 19 of Regulat ion -'3821 /85/EEC on recording equipment In
                road transport which entitles Member States to adopt measures
                which cover-, Inter alia , the organisation of , procedure for ,
                and means of carrying out , checks on- whether the eau-irpment
                compiles with the provisions of the Regulation .
 ---pagebreak---    (_\/ > YHagulatlon ( EEC ) 3164 / 76 on the Community quota for the car ¬
            riage of goods by road between Member States as last amended
            by Regulation 1841 / 88 which provides that the community au ¬
            thorization should be presented at the request of any autho ¬
            rized inspecting officer .
АЪ
 ---pagebreak---                             National législation
Controls on driving I leanest of parsons driving vehicles , :.on .the carr lags
of goods and of parsons and on the Insurance certificates of vehicles .