CELEX: 51994PC0495
Language: en
Date: 1994-12-08
Title: Proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) N° 3118/93 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               C0M(94) 495    final
                                              Brussels,    08.12.1994
                                Proposal  for a
                           COUNCIL REGULATION (EC)
   amending Regulation (EEC) N° 3118/93 laying down the conditions under which
          non-resident carriers may operate national road haulage services
                               within a Member State
                       (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                               1
                           EXPLANATORY MEMORANDUM
I.  Enlargement of the Community :
    1.   Regulation No 3118/931 lays down the number of cabotage authorizations and
         the allocation of these authorizations among the twelve Community member
         States for the period 1 January 1994 to 30 June 1998.
    2.   In view of the accession of Austria, Finland and Sweden to the Community on
         1 January 1995, Regulation 3118/93 should be adjusted in the light of the new
         situation following enlargement.
    3.   Regarding the 12 existing Member States, the number of cabotage
         authorizations should be increased to allow for the fact that authorizations can
         be used in a wider area, 15 national markets instead of 12 national markets.
         The most appropriate criterion to be used is the number of tonne-kilometres
         (tkm) worked by road hauliers of the Member States (including Austria, Finland
         and Sweden) in each of their national markets. Following this criterion and
         using data for 1990 (the latest available) leads to an increase of :
               3.99 % due to the inclusion of Finland from 1 January 1995,
              '4.17 % due to the inclusion of Sweden from 1 January 1995, and
               0.94 % due to the inclusion of Austria, but only from 1 January 1997 in
               the case of Austria, the date agreed in Article 13 of Protocol N° 9 on road,
               rail and combined transport in Austria2
         For 1995, this results in an extra 3190 authorizations for the twelve existing
         Member States as follows :
               Belgium :           276
               Denmark :           267
               Germany :           452
               Greece :            122
               Spain :             286
               France :            373
               Ireland :           125
               Italy :             374
               Luxembourg :        129
               Netherlands :       389
               Portugal :          162
               United Kingdom: 235
          OJNoL. 279, 12.11.1993, p.l
   2
          OJ No C 241, 29.8.1994, p. 361
 ---pagebreak---     4.   Regarding Austria, Finland and Sweden, the number of cabotage authorizations
         to be allocated should reflect the relative activity of Austrian, Finnish and
         Swedish hauliers on the international market between the 15 Member States.
         The most appopriate criterion to be used is the number of tonne-kilometres
         (tkm) worked by road hauliers of the Member States (including Austria, Finland
         and Sweden) in bilateral international transport between the 15 Member States,
         for which the most recent data available is 1990.
    5.   Insertion of the number of tkm worked by Austrian, Finnish and Swedish
         hauliers (in bilateral international transport between the 15 Member States) into
         the relationship between tkm and number of cabotage authorizations for the
         existing 12 Member States enables the appropriate number of cabotage
         authorizations for Austria, Finland and Sweden to be calculated.
          Consequently, the number of authorizations proposed for the new Member
          States is :
               Finland        1774    authorizations for 1995,
               Sweden         2328    authorizations for 1995,
               Austria        2466    notional authorizations for 1995 as basis for
                                      calculating authorizations for 1997.
     6.   Combining the number of authorizations laid down in Article 2(3) of Regulation
          3118/93 with the results of paragraphs 3 and 5 leads to the number of
          authorizations shown in Table 1 (for 1995 and 1996) and Table 2 (for 1997 and
          1998).
II.  Technical adjustments
     7.   With a view to administrative simplification, it is proposed that the
          authorizations printed by the Commission should only be in the official
          language(s) of the Member State issuing the authorization.
     8.   When the 1994 authorizations were ordered from the printers, the number
          (3118/93) of the cabotage regulation was still unknown, hence it could not be
          shown on the authorization. Inclusion of a reference to Regulation (EEC) N °
          3118/93 on the authorization would have the advantage that it will be clear to
          what regulation the authorization refers.
     9.   Footnote 1 on the authorization (and the Book of Record Sheets) showing which
          distinguishing signs of Member States are to be used has necessarily to be
          amended.
 ---pagebreak---     10. The list of countries which need to be coded by hauliers will be increased on
         accession of Finland and Sweden and again on 1.1.97 for Austria. The
         proposed wording will enable one type of Book of Record Sheets to be used
         until 30 June 1998.
    11. The information to be supplied by Member States to the Commission, specified
         in Annex IV, has to be extended to the new Member States; the list in the new
         Annex IV prescribes the order in which information for the Member States shall
         be supplied.
Ill Transitional arrangements
    12. Because the cabotage authorizations for use in early 1995 had to be ordered by
         the Commission from the printers well before the results of all the referenda
         were known, it is proposed that the existing EEA arrangements which already
         cover the 12 existing Member States plus Finland and Sweden are extended for
         6 months. This means that for the first 6 months of 1995, the cabotage
         authorizations will be of the following form:
          12 existing Member States. As in Regulation 3118/93, i.e. with the
          "Authorization" and "General Provisions" in 9 languages.
          Finland and Sweden. "Authorization" in 13 languages and "General Provisions"
          in 1 language (Finnish or Swedish, respectively).
     13. The 12 existing Member States may still have stocks of the current "Book of
          Record Sheets" as described in the existing Regulation 3118/93. In order that
          these stocks should not be wasted, it is proposed that the current Books of
          Record sheets can be used until 31 December 1995. Similarly, Finland and
          Sweden may still have stocks of the "Book of Record Sheets" as prescribed in
          the EEA arrangements, it is proposed that these Books of Record Sheets can
          also be used until 31 December 1995.
 ---pagebreak---                                         TABLE 1
                            NUMBER OF AUTHORIZATIONS
                                                1995                    1996
                             Regulation   Due to inclusion     TOTAL   (1995
                              3118/93          of FIN, S               +30%)
                                          Additional      By
                                           8.16 %      formula
BELGIUM                             3371    276                   3647     4742
DENMARK                             3271    267                   3538     4600
GERMANY                             5528    452                   5980     7774
GREECE                              1490    122                   1612     2096
SPAIN                               3495    286                   3781     4916
FRANCE                              4571    373                   4944     6428
IRELAND                             1520    125                   1645     2139
ITALY                               4576    374                   4950     6435
LUXEMBOURG                          1570    129                   1699     2209
NETHERLANDS                         4761    389                   5150     6695
PORTUGAL                            1983    162                   2145     2789
UNITED KINGDOM                      2868    235                   3103     4034
SUB-TOTAL                         39004    3190                  42194    54857
mgnrmnrriiyiiiihin ^ „iinwn
FINLAND                                               1774        1774      2307
SWEDEN                                                            2328      3027
SUB-TOTAL                                                         4102      5334
TOTAL                             39004                          46296    60191
(AUSTRIA)                                            (2466)               (3206)
 ---pagebreak---                           TABLE 2
               NUMBER OF AUTHORIZATIONS
                                1997                       1998
                  (1996     Due to inclusion  TOTAL   1/2 (1997
                 + 30%)        of Austria             +30%)
                             Additional 0.94%
BELGIUM                6165         58           6223           4045
DENMARK                5980         57           6037           3925
GERMANY               10107          96         10203           6632
GREECE                 2725         26           2751           1789
SPAIN                  6391         61           6452           4194
FRANCE                 8357         79           8436           5484
IRELAND                2781         27           2808           1826
ITALY                  8366         79           8445           5490
LUXEMBOURG             2872          27          2899           1885
NETHERLANDS            8704          82          8786           5711
PORTUGAL               3626          35          3661           2380
UNITED KINGDOM         5245          50          5295           3442
SUB-TOTAL             71319         677         71996          46803
FINLAND                3000          29          3029           1969
SWEDEN                 3936          37          3973           2583
SUB-TOTAL              6936          66          7002           4552
AUSTRIA                4168          40          4208           2736
TOTAL                 82423         783         83206          54091
 ---pagebreak---                                             G
                                        PROPOSAL FOR A
                              COUNCIL REGULATION (EC)
amending Regulation (EEC) No 3118/93 laying down the conditions under which non-
resident carriers may operate national road haulage services within a Member State.
THE COUNCIL OF THE EUROPEAN UNION
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Norway, Austria, Finland and Sweden, and in
particular Article 169 thereof1,
Having regard to the proposal from the Commission2,
Whereas pursuant to the Accession of Austria, Finland and Sweden, Regulation (EEC) No
3118/933 should be amended in order to allocate an appropriate number of Community
cabotage authorizations to Austria, Finland and Sweden;
Whereas by virtue of Article 13 of Protocol N° 9 on road, rail and combined transport in
Austria as annexed to the Act of Accession of Norway, Austria, Finland and Sweden, the
provisions of Regulation (EEC) N° 3118/93 shall only apply from 1 January 1997 to (a)
hauliers with a Community authorization issued by the competent authorities in Austria
for the operation of national road haulage services in other Member States and b) hauliers
with a Community authorization issued by the competent authorities in another member
State for the operation of national road haulage services in Austria.
Whereas the enlargement of the Community will result in an increase of the road haulage
market; whereas an additional number of Community cabotage authorizations should
therefore be fixed for the twelve present Member States;
Whereas, by reason of accession, a number of technical adjustments should also be made
to Regulation (EEC) No 3118/93;
Whereas it is necessary to continue, temporarily, arrangements set up in the framework of
the Agreement on the European Economic Area (EEA), so that the cabotage
authorizations for the beginning of 1995 can be printed in due time;
         OJ No C 241, 29.8.1994
     3
         O J N o L 2 7 9 , 12.11.1993, p.l
 ---pagebreak---                                             •t
Whereas by virtue of Article 2(3) of the Treaty of Accession, tl e institutions u. the
Communities may adopt, before accession, the measures pursuant to Article 169 of the
Act, such measures entering into force subject to, and on the date of, the entry into force
of the said Treaty;
HAS ADOPTED THIS REGULATION
                                            Article 1
Regulation (EEC) No 3118/93 is hereby amended as follows :
1.    In Article 2 (1), the third subparagraph shall be replaced by the following :
         'A Community cabotage quota shall consist of cabotage authorizations, each valid
         for two months, in accordance with the following table :
                 Year                                 Number of authorizations
                 1994                                 30.000
                 1995                                 46.296
                 1996                                 60.191
                 1997                                 83.206
                 1 January to 30 June 1998            54.091'
2.    The table in Article 2(3) shall be modified as follows :
                         1995         1996          1997      1 January to 30 June 98
 Belgium                      3647         4742          6223                      4045
 Denmark                      3538         4600          6037                      3925
 Germany                      5980         7774        10203                       6632
 Greece                       1612         2096          2751                      1789
 Spain                        3781         4916          6452                      4194
 France                       4944         6428          8436                      5484
 Ireland                      1645         2139          2808                      1826
 Italy                        4950         6435          8445                      5490
 Luxembourg                   1699         2209          2899                      1885
 Netherlands                  5150         6695          8786                      5711
 Austria                         0            0          4208                      2736
 Portugal                     2145         2789          3661                      2380
 Finland                      1774         2307          3029                      1969
 Sweden                       2328         3027          3973                      2583
 United Kingdom               3103         4034          5295                      3442
 ---pagebreak---                                           y
3. The top of pages (a) and (b) of Annexes I and II shall be replaced by the following :
   '(Text to be worded in the official language(s) or one of the official languages of the
   Member State issuing the authorisation)'
   Pages (c), (d), (e) and (f) shall subsequently be deleted.
   The centre of page (a) of Annexes I and II shall be replaced by the following :
   'CABOTAGE Authorization No
   for the national carriage of goods by road in a Member State of the European
   Community peformed by a non-resident carrier (cabotage).
   This authorization entitles
   to carry goods by means of a motor vehicle or a coupled combination of vehicles,
   within a Member State of the European Community other than that in which the
   holder of this authorization is established, and to move such vehicle or combination
   unladen over any part of the territory of the aforesaid Community, as laid down in
   Council Regulation (EEC) No 3118/93 of 25 October 1993 and subject to the general
   provisions of this authorization'.
5. Footnote 1 on page (a) of Annexes I, II and III shall be replaced by the following
   'Distinguishing signs of the country :
   Belgium (B), Denmark (DK), Germany (D), Greece (GR), Spain (E), France (F),
   Ireland (IRL), Italy (I), Luxembourg (L), Netherlands (NL), Austria (A), Portugal
   (P), Finland (FIN), Sweden (S), United Kingdom (GB)'
   The top of pages (a) and (b) of Annex III shall be replaced by the following :
     '(Text to be worded in the official language(s) or one of the official languages of the
   Member State issuing the book) '
7. The heading "Column 6" on page (c) of Annex III shall be replaced by the
   following :
   'Column 6 : use the following distinguishing signs :
       Belgium : B
       Denmark : DK
       Germany : D
       Greece : GR
       Spain : E
       France : F
       Ireland : IRL
       Italy : I
       Luxembourg : L
       Netherlands : NL
 ---pagebreak---       Portugal : P
      Finland : FIN
      Sweden : S
      United Kingdom : GB
      and from 1 January 1997
      Austria : A'
8. Annex IV shall be replaced by the Annex to this Regulation
                                        Article 2
1. Until 30 June 1995, the cabotage authorizations to be used by hauliers established in
   the present Member States shall correspond to the models in Annexes I and II of
   Regulation (EEC) No. 3118/93. Until the same date, the cabotage authorizations to
   be used by hauliers established in Finland and Sweden shall correspond to the models
   in Annexes I and II of Appendix 2 to Annex XIII to the EEA Agreement, as amended
   by Decision 7/94 of the EEA Joint Committee4.
2. The present Member States may authorise the use of books of record sheets specified
   in Annex III of Regulation (EEC) No 3118/93 until 31 December 1995 at the latest;
   the other Member States shall accept these books of record sheets on their territory
   until 31 December 1995. Until the same date, Finland and Sweden may authorise the
   use of books of record sheets specified in Annex III of Appendix 2 to Annex XIII to
   the EEA Agreement, as amended by Decision 7/94 of the EEA Joint Committee.
                                        Article 3
   This Regulation shall enter into force on 1 January 1995, subject to the entry into
   force of the Treaty of Accession of Norway, Austria, Finland and Sweden.
   This Regulation shall be binding in its entirety and directly applicable in all Member
   States.
   Done at
                                                          For the Council
                                                          The President
      OJ No L 160 of 28.6.1994, p. 1
 ---pagebreak---                                        ANNEX
                                     'ANNEX IV
TRANSPORT OPERATIONS CARRIED OUT IN                     (QUARTER)               (YEAR)
UNDER COVER OF COMMUNITY CABOTAGE AUTHORIZATIONS ISSUED BY
               (DISTINGUISHING SIGN OF THE COUNTRY)
                                                     Number of
     Country of loading
        and unloading                Tonnes carried        I      Tonne-kilometres
                                                                        worked
                                                                    (in thousands)
 _
   F
   I
   NL
   B
   L
   GB
   IRL
   DK
   GR
   £                                                                                   1
   P                                                                                   I
   FIN
   S
   A1
  Total cabotage :                                                                     I
       Information on Austria only to be supplied as from the first quarter of 1997
 ---pagebreak---  ---pagebreak---                                                                   ,^,,: ISSN0254*1475
                                        /?1
                                                              COM(94) 495 final
                                                              CUMENTS
EN                                                                                «7
                                Catatogue number : CB-CO-94-523-EN-C
                                                             ISBN 92-77-82083-7
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