CELEX: 51988PC0247
Language: en
Date: 1988-05-06
Title: PROPOSAL FOR A COUNCIL DECISION ON THE CONCLUSION OF THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY, FINLAND, NORWAY, SWITZERLAND, SWEDEN AND YUGOSLAVIA ON THE INTERNATIONAL COMBINED ROAD/RAIL CARRIAGE OF GOODS ( ATC )

6. 2. 89                              Official Journal of the European Communities                             No C 30/1
                                                             II
                                                    (Preparatory Acts)
                                                COMMISSION
                Proposal for a Council Decision on the conclusion of the Agreement between the European
                   Economic Community, Finland, Norway, Switzerland, Sweden and Yugoslavia on the
                                international combined road/rail carriage of goods (ATC)
                                                    COM(88) 247 final
                                     (Submitted by the Commission on 16 May 1988)
                                                       (89/C 30/01)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         HAS DECIDED AS FOLLOWS:
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 75
                                                                                          Article 1
thereof,
Having regard to the proposal of the Commission,                 The Agreement between the European Economic Com-
                                                                 munity, Finland, Norway, Switzerland, Sweden and
Having regard to the opinion of the European Parliament,         Yugoslavia on the international combined road/rail
Having regard to the opinion of the Economic and Social          carriage of goods (ATC) is hereby approved on behalf of
Committee,                                                       the Community.
Whereas the Agreement between the European Economic              The texts of the Agreement and the Final Act are attached
Community, Finland, Norway, Switzerland, Sweden and              to this Decision.
Yugoslavia on the international combined road/rail
carriage of goods (ATC), signed on ... is a first step to
facilitation and promotion of combined road/rail transport
                                                                                          Article 2
in Europe,
Whereas the ATC should consequently be approved on               The President of the Council shall deposit the Acts
behalf of the European Economic Community,                       provided for in Article 11 of the Agreement.
 ---pagebreak--- No C 3 0 / 2                               Official Journal of the European Communities                                           6. 2. 89
                                                              AGREEMENT
                                on the international combined road/rail carriage of goods (ATC)
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              THE GOVERNMENT OF THE REPUBLIC OF FINLAND,
              THE GOVERNMENT OF THE KINGDOM OF NORWAY,
              THE GOVERNMENT OF THE KINGDOM OF SWEDEN,
              THE SWISS FEDERAL COUNCIL,
              THE FEDERAL EXECUTIVE COUNCIL OF THE ASSEMBLY OF THE SOCIALIST FEDERAL REPUBLIC
              OF YUGOSLAVIA,
              DESIRING to promote the development of international road/rail transport, and in particular to facilitate the
              organization and operation thereof;
              WHEREAS the use of the road/rail method for the international carriage of goods by road is over long distances
              a rational form of forwarding goods, especially in transit traffic; whereas it combines the advantages of road
              and rail; whereas it reduces road traffic and thus enhances road safety; whereas, at the same time, it fits in with
              action to protect the environment and to save energy;
              WHEREAS one of the main objectives of combined transport is to permit optimum use of the rail section of a
              journey whilst allowing for the individual characteristics of each combined transport route;
              WHEREAS it is important to encourage and facilitate combined road/rail transport; whereas one means of
              promoting it and of making it more attractive is to lift as many of the restrictions imposed on it as possible;
              WHEREAS a multilateral agreement on the rules to apply to the initial and terminal road haulage operations
              should be concluded to complement the domestic and international measures already adopted by the
              Contracting Parties;
              WHEREAS it is desirable to assign some administrative tasks concerned with the Agreement to the Secretariat
              of the European Conference of Ministers of Transport (ECMT),
              HAVE DECIDED T O ESTABLISH UNIFORM RULES FOR THE INTERNATIONAL COMBINED ROAD/
              RAIL CARRIAGE OF GOODS
              and to this end have designated as their Plenipotentiaries:
              THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              THE GOVERNMENT OF THE REPUBLIC OF FINLAND,
              THE GOVERNMENT OF THE KINGDOM OF NORWAY,
              THE GOVERNMENT OF THE KINGDOM OF SWEDEN,
              THE SWISS FEDERAL COUNCIL,
              THE FEDERAL EXECUTIVE COUNCIL OF THE ASSEMBLY OF THE SOCIALIST FEDERAL REPUBLIC
              OF YUGOSLAVIA,
              W H O , having exchanged their Full Powers, found in good and due form,
              HAVE AGREED AS FOLLOWS:
                           SECTION I                                          — between the territories of two Contracting Parties
                                                                                  and, should the need arise during such transport
                     Scope and definitions                                        operations, in transit through the territory of one or
                                                                                  more Contracting Parties or through the territory of
                            Article 1                                             one or more non-contracting States,
1.   This Agreement shall apply t o :
(a) the international combined road/rail carriage of goods                    — or from or to the territory of a Contracting Party,
    effected by road vehicles registered in a Contracting                         and, in so doing, crossing in transit the territory of
    Party: of the Contracting Parties and plying:                                 one or more other Contracting Parties;
 ---pagebreak--- 6. 2. 89                                    Official Journal of the European Communities                                   No C 3 0 / 3
(b) unladen journeys by the vehicles mentioned in (a)                  3. If a combined road/rail transport operation coming
    directly connected with such transport operations.                 under this Agreement involves a sea journey, that sea
                                                                       journey shall be deemed to be a rail journey.
2. For the purposes of this Agreement, in the case of the
European Economic Community, the term 'territory of a
Contracting Party' means those territories where the
Treaty establishing that Community is applied, under the                                           SECTION II
conditions laid down in that Treaty.
                            Article 2                                                        Liberalization measures
1.    For the purposes of this Agreement:
                                                                                                     Article 3
(a) 'combined road/rail carriage' means carriage of goods
    by means of road vehicles or container units carried by            1. Subject to the special provisions laid down in the
    rail for part of the journey, the road section being               Protocols annexed to this Agreement, which form an
    limited to the initial and terminal road haulage                   integral part thereof, and to the conditions laid down in
    operations;                                                        paragraph 2, the Contracting Parties shall, on the date on
                                                                       which this Agreement enters into force, free combined
    In this context, not only lorries and tractor units but            road/rail carriage, as referred to in Article 1, from all
    also trailers, semi-trailers and container units such as           authorizations and quota restrictions for the initial and
    swap bodies and containers of 20 feet or more are                  terminal road haulage operations defined in Article 2(1)
    regarded as road vehicles; where these trailers, semi-             (c).
    trailers or container units are not formally subject to
    registration, the fact that they belong to, or are held by,        2. The provisions set out in paragraph 1 shall be subject
    undertakings established in the territory of one of the            to the following conditions:
    Contracting Parties shall be taken as being equivalent to
    registration;
                                                                       (a) if the tractor unit or lorry is transported by train either
                                                                            alone or at the same time as the trailer or semi-trailer
(b) 'swap body' means that part of a road vehicle in which it              drawn by it, the liberalization measure provided for in
    is intended that the load shall be placed and which may                paragraph 1 shall apply to the internal or international
    be detached from the vehicle and re-incorporated                        initial and/or terminal road haulage operations on
    therein;                                                                condition that these vehicles are registered in a
                                                                            Contracting Party;
(c) 'initial road haulage operations' and 'terminal road
    haulage operations' mean the sections covered by road
    before and after the transport operation by rail between           (b) if the tractor unit or lorry is not transported by train at
    the nearest suitable stations and the points of loading or             the same time as the trailer or the semi-trailer drawn by
    unloading of the goods;                                                it, the liberalization measure provided for in para-
                                                                           graph 1 shall apply on condition that:
(d) 'nearest suitable station' means any loading or unload-
    ing station for the road vehicles used in combined road/               — for a national road haulage operation, road traction
    rail transport, situated at the shortest distance from the                  is effected by a road vehicle registered:
    loading or unloading points, as appropriate, and
    equipped with adequate technical facilities for transfer-                   — in the Contracting Party where the loading
    ring these vehicles;                                                            station is located, for the initial road haulage
                                                                                    operation, and
(e) 'international road haulage operation' means any initial
    or terminal road haulage operation involving the                            — in the Contracting Party where the unloading
    crossing of a frontier;                                                         station is located, for the terminal road haulage
                                                                                    operation;
(f) 'internal road haulage operations' means any initial or
    terminal road haulage operation not involving the
                                                                           — for an international road haulage operation, road
    crossing of a frontier;
                                                                                traction is effected by a road vehicle registered:
(g) 'road traction' means any movement of a trailer or semi-
    trailer by a tractor unit or a lorry in an initial or terminal              — in the Contracting Party where the point of
    road haulage operation.                                                         loading or the loading station is located, for the
                                                                                    initial road haulage operation, and
2. Transport operations using the railway principally to
overcome a natural obstacle shall not be considered to be                       — in the Contracting Party where the unloading
combined road/rail carriage for the purposes of this                                station or the point of unloading is located, for
Agreement.                                                                          the terminal road haulage operation.
 ---pagebreak--- No C 30/4                               Official Journal of the European Communities                                     6. 2. 89
                         SECTION III                               Parties, the designation of their competent authorities, the
                                                                   measures taken to implement this Agreement, and in
                                                                   particular those arising from Article 3, and their provisions
              Documentary proof: inspection                        as regards organization, procedure and means of control.
                           Article 4
                                                                                              Article 7
1. The liberalization of combined carriage for hire or
reward shall be contingent upon production by the carrier,         The competent authorities of the Contracting Parties shall
on request, of a consignment note as laid down in Article 4        ensure that carriers comply with the provisions concerning
et seq. of the Convention on the contract for the                  them adopted in pursuance of this Agreement.
international carriage of goods by road (CMR), or any
other document giving at least the following information:          They shall inform each other, in accordance with their
                                                                   respective laws, of infringements of the said provisions
— name and address of the consignor,
                                                                   committed in their territory by carriers established in the
— place and date of acceptance of the goods for transport,         territory of another Contracting Party and of any penalties
                                                                   imposed.
— place at which the goods are to be delivered,
— route to be taken,                                                                          Article 8
— frontier crossing points.
                                                                   A list reflecting the present situation as regards rail loading
2. In addition to the particulars specified in paragraph 1,        and/or unloading stations based on information supplied
the rail loading and unloading stations must be specified          by the Contracting Parties, is annexed to this Agreement.
and proof given that:                                              This list shall in particular indicate, for each station used
                                                                   for combined transport, in the framework of this
— in the case of the initial road section, the railway             Agreement, the equipment at its disposal for handling road
    authorities or a body authorized by them has made a            vehicles. Any plans under consideration by the Contracting
    reservation for the transport by rail of the road vehicle,     Party directly concerned which entail an alternation to this
    and, where required by the competent authorities of the        list shall be communicated, before they are implemented, to
    Contracting Parties, the railway authorities or author-        the ECMT Secretariat, which shall inform the other
    ized body has received payment for it,                         Contracting Parties thereof.
— in the case of a terminal section, the rail section of the       The ECMT Secretariat shall regularly consult all the
    journey has actually been completed.                           competent authorities in the Contracting Parties and shall
                                                                   update the list on the basis of these consultations.
3. When a trailer or semi-trailer belonging to an
undertaking engaged in own-account combined transport
is drawn on the terminal section by a tractor unit belonging
                                                                                              Article 9
to the undertaking to which the goods are consigned or to a
road haulage undertaking working for hire or reward, this
operation shall not require production of the document             1. If the operation of this Agreement or the measures
referred to in paragraph 1, but other documentary proof of         taken under Article 6 or any differences with regard to
the rail journey must be provided.                                 planned alterations to the list of stations referred to in
                                                                   Article 8 should so require, each Contracting Party may
                                                                   request that a meeting of the parties to the Agreement be
                           Article 5                               convened for the purpose of examining the solutions
                                                                   proposed.
As regards vehicles registered in the Contracting Party
concerned, this Agreement shall not affect the conditions          2. Requests to convene a meeting, as referred to in
applicable in each of the Contracting Parties governing            paragraph 1, shall be submitted to the ECMT Secretariat.
admission to the occupation of road haulier and access to
the transport market.                                              3. The ECMT Secretariat shall immediately inform the
                                                                   other Contracting Parties of any requests under para-
                                                                   graph 2; unless such a request for convening a meeting is
                         SECTION IV                                withdrawn within four weeks the ECMT Secretariat shall,
                                                                   at the end of this period, fix the date and place of the
                                                                   meeting on behalf of the chairman in office since the last
                General and final provisions                       plenary meeting.
                           Article 6                               4. The chairman of the meetings referred to in para-
                                                                   graph 1 shall be provided alternately by the European
The Contracting Parties shall communicate to the ECMT              Economic Community and another Contracting Party
Secretariat, which shall inform the other Contracting              designated for this purpose.
 ---pagebreak--- 6. 2. 89                                 Official Journal of the European Communities                               No C 30/5
                          Article 10                                which the European Economic Community shall be one,
                                                                    revoke it.
The provisions of Article 3 shall not apply where more
liberal treatment is provided for by agreements or other            2. Each Contracting Party may, for its part, revoke this
arrangements concluded between two or more Contracting              Agreement with one year's notice as from 1 January, even
Parties before or after this Agreement enters into force.           after it has been extended, by simultaneous notification of
                                                                    the other Contracting Parties through the ECMT Secre-
                                                                    tariat. However, the Agreement cannot be revoked during
                         SECTION V                                  the first three years following its entry into force as
                                                                    provided for under Article 11(4).
         Approval or ratification of the Agreement
                                                                                             Article 13
                          Article 11
                                                                    1. After this Agreement has been in force for three years
1. This Agreement shall be drawn up in a single copy, in            under the conditions set out in Article 11, any Contracting
French. It shall be deposited in the archives of the ECMT           Party may, by means of a notification addressed to the
Secretariat, which shall transmit a certified copy to each of       ECMT Secretariat, request the convening of a conference
the Contracting Parties.                                            for the purpose of revising the Agreement. The Secretariat
                                                                    shall immediately inform the other Contracting Parties of
2. This Agreement shall be approved or ratified by the              the request and fix the date and place of the conference in
Contracting Parties in accordance with their own pro-               agreement with the latter and convene this conference at
cedures. The instruments of approval or ratification shall          the earliest possible date. The chairmanship at these
be deposited by the Contracting Parties with the Secretariat        conferences shall be subject to the provisions of Ar-
of the ECMT.                                                        ticle 9(4), mutatis mutandis.
3. In addition to the signatory Contracting Parties, each           2. The provisions of Article 11 shall apply to the approval
State which is a member of the ECMT within the meaning              or ratification of the revision of the Agreement agreed
of Article 4(1) of the Protocol of that Conference may              between all the Contracting Parties, and to the entry into
accede to this Agreement, once it has entered into force, in        force of the revised version.
accordance with the Contracting Party's own procedures.
The instruments of accession shall be deposited with the
Secretariat of the ECMT which shall inform the other
Contracting Parties.
                                                                    In witness whereof, the undersigned Plenipotentiaries have
4. Once four Contracting Parties, of which the European             affixed their signatures below this Agreement.
Economic Community shall be one, have approved or
ratified it, this Agreement shall enter into force on the first     Done at ..., (date)
day of the third month following the date on which the
instrument of approval or ratification is deposited.
5. The Agreement shall enter into force, for each                   For the Council of the European Communities
Contracting Party which approves, ratifies or accedes to it
after the entry into force provided for under paragraph 3,
on the first day of the third month following the date on           For the Government of the Republic of Finland
which the Contracting Party concerned has deposited its
instrument of approval, ratification or accession with the
ECMT Secretariat.
                                                                    For the Government of the Kingdom of Norway
                         SECTION VI
                                                                    For the Government of the Kingdom of Sweden
                  Duration of the Agreement
                          Article 12                                For the Swiss Federal Council
1. This Agreement shall be concluded for a period of five
years from its entry into force. The duration of the
Agreement shall automatically be extended for successive            For the Federal Executive Council of the Assembly of the
periods of five years, unless four Contracting Parties, of          Socialist Federal Republic of Yugoslavia
 ---pagebreak--- No C 30/6                           Official Journal of the European Communities                               6. 2. 89
                                                      PROTOCOL
             concerning the application of Article 3 (2) (b) in the territory of the European Economic
                                                       Community
          1. The Contracting Parties hereby take note that, in the case of the EEC, the conditions of
             application of the liberalization measures provided for in Article 3 (2) (b) of the Agreement are
             as follows:
             — for a national road haulage operation, road traction is effected by a road vehicle registered:
                — in the country where the loading station is located, for the initial road haulage operation,
                    and
                — in the country where the unloading is located, for the terminal road haulage operation;
             — for an international road haulage operation, road traction is effected by a road vehicle
                registered:
                — in the country where the point of loading or the loading station is located, for the initial
                    road haulage operation, and
                — in the country where the point of unloading or the unloading station is located, for the
                    terminal road haulage operation.
          2. A road vehicle registered in a Member State of the European Economic Community and
             authorized under Community law to effect initial and terminal road transport operations in the
             Member States referred to in the first paragraph 1 of this Protocol shall be deemed to fulfil the
             requirements laid down in that paragraph.
                                                      PROTOCOL
           concerning rules applicable to combined transport operations to or from Yugoslavia, as well
                                           as in transit through that country
          The Contracting Parties:
          — taking into consideration the present situation as regards combined transport operations
             carried out on traffic links to or from Yugoslavia, as well as in transit through its territory,
          — have agreed upon the following provisions, which are annexed to the Agreement:
             1. By way of derogation from Article 3 of the Agreement, the initial and terminal road
                operations carried out on Yugoslav territory to or from the station of Ljubljana shall be free
                of all authorizations and quota restrictions within the geographical area shown on the map
                attached, which forms an integral part of this Protocol.
             2. The initial and terminal road journeys referred to in the preceding paragraph shall be limited
                to one road train operation on the outward and return journeys between two rail operations.
             3. The initial and terminal road operations on Yugoslav territory outside the zone as shown on
                the attached map shall be subject to authorization and quota restrictions in accordance with
                the provisions of Yugoslav regulations or bilateral agreements entered into by Yugoslavia.
             4. The restrictions in this Protocol shall not apply to the carriage of containers as defined in
                Article 2 of the Agreement.
 ---pagebreak--- 6. 2. 89                                Official Journal of the European Communities                                                   No C 30/7
                                    LIBERALIZED AREA AROUND LJUBLJANA STATION
         (Note The Ihrskaa3istrica-Ri)eka and Razdrto-Koper sections are included temporarily until work on the railway line, to allow
                                            the carriage of road vehicles, has been completed)
 ---pagebreak--- No C 30/8                            Official Journal of the European Communities                               6. 2. 89
                                                       FINAL ACT
          The plenipotentiaries of:
          THE COUNCIL OF THE EUROPEAN COMMUNITIES,
          THE GOVERNMENT OF THE REPUBLIC OF FINLAND,
          THE GOVERNMENT OF THE KINGDOM OF NORWAY,
          THE GOVERNMENT OF THE KINGDOM OF SWEDEN,
          THE SWISS FEDERAL COUNCIL,
          THE FEDERAL EXECUTIVE COUNCIL OF THE ASSEMBLY OF THE SOCIALIST FEDERAL REPUBLIC
          OF YUGOSLAVIA,
          Meeting at ..., on ...
          For the signing of the Agreement on the international combined road/rail carriage of goods (ATC)
          have, on signing that Agreement, taken note of, and adopted, the following Declarations which are
          annexed to this Final Act:
          1. Joint declaration on cross-frontier cooperation on combined transport;
          2. Joint declaration concerning the responsibilities of the European Conference of Ministers of
             Transport;
          3. Joint declaration on the Protocol concerning the application of Article 3 (2) (b) in the territory
             of the European Economic Community;
          4. Declaration by the Swiss Federal Council relating to the Protocol concerning the application of
             Article 3 (2) (b) in the territory of the European Economic Community.
          Done at ..., (date)
          For the Council of the European Communities
          For the Government of the Republic of Finland
          For the Government of the Kingdom of Norway
          For the Government of the Kingdom of Sweden
          For the Swiss Federal Council
          For the Federal Executive Council of the Assembly of the Socialist Federal Republic of Yugoslavia
                                                JOINT DECLARATION
                                 on cross-frontier cooperation on combined transport
          Within the framework of this Agreement, and in order to rationalize and promote combined
          transport, the States concerned shall consult one another on any plans to set up new stations which
 ---pagebreak--- 6. 2. 89                                 Official Journal of the European Communities                        No C 30/9
         could result in the crossing of a frontier by road in the course of an international road/rail
         combined transport operation. If one of the States concerned is a Member State of the European
         Economic Community, a representative of that Community shall also be invited to attend the
         consultations.
                                                    JOINT DECLARATION
               concerning the responsibilities of the European Conference of Ministers of Transport
         The Contracting Parties and the Secretary-General of the European Conference of Ministers of
         Transport hereby agree that the Secretariat of the ECMT shall carry out the tasks assigned to it
         under the Agreement.
                                                    JOINT DECLARATION
          on the Protocol concerning the application of Article 3 (2) (b) in the territory of the European
                                                      Economic Community
         The Contracting Parties hereby declare that, at the request of one of the Contracting Parties, they
         will examine the impact of Community law relating to the freedom to provide transport services on
         the implementation of the Agreement and, where appropriate, the adoption of measures in
         accordance with the procedures provided for in Article 13.
                                                        DECLARATION
                by the Swiss Federal Council relating to the Protocol concerning the application of
                        Article 3 (2) (b) in the territory of the European Economic Community
         Concerning this Agreement, the Swiss Federal Council's starting point is that the Protocol
         concerning the application of Article 3 (2) (b) in the territory of the European Economic
         Community has no other purpose but to allow the Council of the European Communities a
         transitional phase until Article 3 (2) (b) can be fully applied.
                                                             ANNEX
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