CELEX: 31969R0358
Language: en
Date: 1969-02-26 00:00:00
Title: Regulation (EEC) No 358/69 of the Commission of 26 February 1969 laying down detailed rules for the publication of transport rates and conditions which depart from published tariffs, in implementation of Article 9 of Council Regulation (EEC) No 1174/68 of 30 July 1968 on the introduction of a system of bracket tariffs for the carriage of goods by road between Member States

Official Journal of the European Communities                                         67
4.3.69                                Official Journal of the European Communities                               No L 53/1
                           REGULATION (EEC) No 358/69 OF THE COMMISSION
                                                   of 26 February 1969
               laying down detailed rules for the publication of transport rates and conditions which
               depart from published tariffs, in implementation of Article 9 of Council Regulation
               (EEC) No 1174/68 of 30 July 1968 on the introduction of a system of bracket tariffs
                                for the carriage of goods by road between Member States
THE     COMMISSION       OF   THE     EUROPEAN       COM­        publication and to specify the form which the two
MUNITIES,                                                        stages of publication should take;
Having regard tc the Treaty establishing the                     Whereas, although Regulation (EEC) No 1174/68
European Economic Community ;                                    lays down no criteria for the designation by Member
                                                                 States of the bodies responsible for publication in
Having regard to Council Regulation (EEC) No                     their territories, it is nonetheless essential, if effective
1174/681 of 30 July 1968 on the introduction of a                publication is to be ensured, that the number and
system of bracket tariffs for the carriage of goods by           location of those bodies, and the territorial areas for
road between Member States, and in particular                    which they are to be responsible, should be
Article 9 thereof;                                               appropriate to the respective forms of publication at
                                                                 each of the two stages provided for;
Having regard to the opinion expressed at its meeting
of 12 February 1969 by the Committee of Experts set              Whereas, in view of the experimental nature of the
up in accordance with Article 11 of Regulation (EEC)             tariff system introduced by Regulation (EEC) No
No 1174/68 ;                                                     1174/68, it appears sufficient that only one of the
                                                                 two forms of publication should be the subject of
Whereas Regulation (EEC) No 1174/68 makes                        wide distribution; whereas since monthly publication
transport rates and conditions which depart from                 applies to carriage both from and to a Member State,
published bracket tariffs subject to a system of                 it seems appropriate that such publication should
publication ; whereas that Regulation sets out the               have the wider scope; whereas therefore publication
general principles of the system, the Commission                 at the first stage may be effected by means of public
being instructed to adopt the relevant detailed                  notices ; whereas in these circumstances monthly
implementing rules ;                                             publication will need to be relatively comprehensive;
Whereas the said Regulation provides that                        HAS ADOPTED THIS REGULATION :
publication shall be the responsibility of bodies
specially designated or set up for the purpose by each                                     Article 1
Member State : whereas it provides for two stages of
publication : immediate publication in the Member                The body or bodies responsible, pursuant to Article 8
 State of dispatch and monthly publication both in the            ( 1) of Council Regulation (EEC) No 1174/68 of 30
 Member State of dispatch and in the Member State of             July 1968, for publishing transport rates and
 destination ;                                                   conditions which depart from the published bracket
                                                                 tariffs shall be designated or set up by each Member
Whereas, in order that publication may be carried                State having regard to its geographic and economic
 out uniformly, the main aim of the provisions to be             structure and to the forms laid down by this
 adopted by the Commission must be to lay down                    Regulation for the two types of publication provided
 procedures for the communication as between the                 for in the first and second subparagraphs respectively
 various parties concerned of the particulars for                 of Article 8 (2) of Regulation (EEC) No 1174/68 .
                                                                  Member States shall at the same time define the
                                                                  territorial area for which each such body is to be
1 OJ No L 194, 6.8.1968, p. 1 .                                   responsible.
 ---pagebreak---  68                                 Official Journal of the European Communities
                         Article 2                             The competent authorities of Member States in
                                                               which goods are loaded or unloaded shall, in good
 1.    Communication of the rates and conditions of            time to allow publication within the time limits fixed
transport referred to in Article 7 of Regulation (EEC)         in Article 4 ( 1 ) of this Regulation, send all the
No 1174/68 shall be effected in accordance with the            relevant particulars to the body or bodies referred to
provisions of paragraphs 2 and 3 of this Article.              in Article 1 responsible in their respective territories
                                                               for the publication of monthly returns.
2. The competent authorities shall communicate
the information required for publication as laid down                                  Article 3
in the first subparagraph of Article 8 (2) of
Regulation (EEC) No 1174/68 as soon as possible                1.     The bodies referred to in Article 1 shall effect
after being sent the terms of the special contract by
the carrier in accordance with Article 5 (2) of that           the immediate publication required under the first
Regulation. Such communication shall be effected in            subparagraph of Article 8 (2) of Regulation (EEC)
 accordance with the following provisions :                    No 1174/68 in respect of special contracts relating to
                                                               consignments whose point of loading is situated
( a) where the carrier has submitted the special con­          within their respective areas by displaying, in a place
     tract to the competent authorities of the State on        appointed for that purpose freely accessible to the
     whose territory the goods are to be loaded, the           public, notices showing the eight particulars listed in
     latter shall communicate the particulars for              the said Article 8 (2), and so drawn that the
     publication to the body responsible for publi­            information contained therein is readily available to
     cation in the area where the loading point is             all.
     situated;                                                 To this end, the particulars relating to each special
(b) where the carrier has submitted the special                contract shall be listed by country of destination and,
     contract to the competent authorities of the              for each country, by class of goods within the
     State on whose territory the goods are to be              meaning of Article 4 (4) of this Regulation, and in
      unloaded, the latter shall communicate the               chronological order.
     particulars for publication to the competent
     authorities of the State on whose territory the           2. The eight particulars to be published in respect
     goods are to be loaded, either by sending copies          of each special contract shall be as follows :
     of the relevant documents as provided for in
     Article 5 (3 ) of Regulation (EEC) No 1174/68 , or        ( a) name and address of carrier;
     by sending an abstract of the contract containing         (b ) the route or routes concerned, by reference to the
     the relevant information; the last-mentioned                   loading and unloading points ;
     competent authorities shall forthwith communi­
     cate the particulars for publication to the body          (c) type of goods,        according    to   their  tariff
     responsible for publication in the area where the              classification ;
     loading point is situated.                                (d) tonnage ;
By way of derogation from the provisions of the                (e) rates agreed;
preceding subparagraph, where any special contract             (f) date on which the contract was made ;
is subject to prior authorization as provided for in
Article 5 (5 ) and (6) of Regulation (EEC) No                  (g) duration of contract, specifying the dates between
1174/68 , the relevant particulars shall be                         which carriage must take place;
communicated to the appropriate body in accordance             (h) principal special conditions, and in particular
with (a) of the preceding subparagraph at the same                  those bearing on the level of rates agreed.
time as the carrier is notified of the authorisation by
the competent authorities of the State on whose
territory the goods are to be loaded.                          3 . Particulars published in accordance with the
                                                               provisions of paragraphs 1 and 2 shall remain on
3.     At the end of each month the competent
                                                               display until the end of the second month following
                                                               that of publication .
authorities of each State on whose territory goods are
loaded shall send to the competent authorities of the
States on whose territories the goods are to be
unloaded the information required for drawing "up, in                                  Article 4
respect of the special contracts details of which were
published in its territory pursuant to Article 3 in the        1 . The monthly returns of special contracts
course of that month, the monthly returns referred to          provided for in the second subparagraph of Article 8
in Article 4 .                                                 (2) of Regulation (EEC) No 1174/68 shall be
 ---pagebreak---                                      Official Journal of the European Communities                                   69
published not later than the last day of each month             0 - Agricultural and forestry products, live animals;
in an official publication designated for that purpose
by each Member State.                                            1 - Other foodstuffs, whether for human or animal
                                                                     consumption ;
                                                                2 - Solid mineral fuels;
2 . Each monthly return shall give particulars,
listing separately consignments dispatched from                 3 - Petroleum and petroleum products ;
national territory and those dispatched to national
territory, of all special contracts details of which were       4 - Metalliferous ores and metal scrap ;
published pursuant to Article 3 in the course of the            5 - Products of iron, steel and other metals ;
preceding calendar month by the relevant domestic
or foreign bodies within whose areas the loading                6 - Non-metallic minerals, processed or unprocessed,
points were situated.                                                and building materials ;
                                                                7 - Fertilisers ;
3 . Monthly returns shall give in respect of each
special contract the particulars referred to in Article 3       8 - Chemicals and chemical products ;
(2), with the exception of the name and address of              9 - Machines, vehicles, manufactured articles, special
the carrier and the date on which the contract was                   items .
made .
                                                                                       Article 5
4. In each monthly return special contracts shall
be classified, according to areas, by reference to the          Member States shall in good time, after consulting
bodies in the State of loading and in the State of              the Commission, adopt the necessary provisions for
unloading responsible for publication pursuant to               the implementation of this Regulation .
Article 3 . Within that classification contracts shall be
grouped by route.
                                                                                      Article 6
For each route special contracts shall be grouped by
class of goods in accordance with the following                 The period of validity of this Regulation shall be the
classification :                                                same as that of Regulation (EEC) No 1174/68 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 26 February 1969 .
                                                                                  For the Commission
                                                                                      The President
                                                                                         Jean REY