CELEX: 51978PC0345
Language: en
Date: 1978-07-20
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 75/130/EEC on the establishment of common rules for certain types of combined road/rail carriage of goods between Member States. (submitted to the Council by the Commission)

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COM (78) 345
Vol. 1978/0130
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(78)345 final
                           •                    Brussels . 20 July 1978
                              Proposal for a
                             COUNCIL DIRECTIVE
     amending Directive 75 / 130 / EEC on the establishment of common
     rules for certain types of combined road / rail carriage of goods
                          between Member States    .
              ( submitted to the Council by the Commission )
C0M(78 ) 345 final
 ---pagebreak---                                    .JUSTIFICATION
 1.   In its directive of 17 February 1975 » "the Council . established common
      rules for certain types of combined road/rail carriage of goods between
      Member States , which provided for the lifting of all quantity restrict­
      ions (quotas ) on this carriage and the abolition of various administrat­
      ive restraints (authorizations ).
      Paragraph 2 of Article 7 of the directive limits the validity of these
      rules to 31 December 1978 and provides that the Council , acting on a
     proposal from the Commission , will decide before that date on the arrange
     raents to be applied .
                                                                        2
2.    In the report it submitted to the Council on 19 December 1977       on "the
      application of this directive , the Commission has already e:xpressed its
     intention of maintaining the system established by this directive on a
     permanent basis , after making some amendments in the light of experience
      gained during the trial period .
3.   At its meeting of 12 JTune 1978 , the Council took note of this report and
      of the Commission 's intentions . This proposal sets out these intentions .
4.   The basic amendment proposed by the Commission is to extend the rales of
     the directive to cover combined road/rail container carriage . In the
     Commission 's opinion , this is justified by the fact that this system
      could be . used for an increasing number , of containers transported inter­
     nationally by road . Furthermore , the present distinction between swop
     bodies to which this directive applies and containers which are not so
      covered is artificial and does not take account of the fact that in
     practice these two kinds of container are .used to fulfil the same pur­
     pose . All    the reasoning behind the directive therefore militates in
      favour of a solution which includes the container in the liberalization
      of combined road/rail transport , thus making 4his technique more attract­
     ive for the sector concerned .        '
5 . The other main change is to extend the liberalisation from all quotas
      and authorizations to both international and national traffic irrespect­
      ive of the road transport firm responsible for carriage in the initial
      and Final stages ,
12 OJ of the EEC . ITo L 43/31
                          /
                               of 22 February 1975'                        .
    Annex to Docunent R/3333/77 (TRANS 222).
 ---pagebreak--- 6 . The proposed amendments are only designed therefore - to improve the
     application of the system in the directive by enlarging its scope in
     order to make use of this method of carriage easier .
7 . As soon as the Council has reached a decision on this proposal , the Commis
    sion will ask the Council authorities to renew discussions on the Commis-
                                        1
    sion 's proposal of 30 April 1975 °n "the opening of negotiations for an
    agreeraent between the EEC ajid non-member countrxes on arrangements for .
    certain types of international combined road/rail carriage of goods    .
    These discussions were adjourned at the meeting of the Working Partv on
                                               2
    Transport Questions of 10 September 1975     •
8 » Furthermore ,, the Commission will in due course and m accordance with the
    invitation given by the Council at its meeting of 12 June 1978 submit
    other measures to stimulate more interest by carriers in the combined
    road/rail carriage of goods and thus encourage more intensive use of the
    road/rail system.
~ R/1213/75 (Trans 38 )
   R/2230/75 (Trans7l )} see also R/2279/75 (Trans 73)
 ---pagebreak---                                          COUNCIL DIRECTIVE
     amending Directive 75 / 130/ EEC on the establishment
     of common rules for certain types of combined road/rail carriage of goods "between
     Member States .
     THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
     Having regard to the Treaty establishing the European Economic Community , and in
     particular Article 75 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 ,
                                                                                             1
     Whereas the pioneering effect of Council Directive 75 / 13Q/ EEC of 17 February 1975 must
      be considered to have been of positive value during its period of application and .
      whereas     it should be maintained on a permanent basis ;                    .
     Whereas the system should be extended to all types of combined road/rail carriage
      including     container carriage for which the political and economic    reasons
      underlying          the said Directive are also valid :
                                                        ι .
  ' Whereas account should nevertheless be taken of experience gained during the trial
      period by amending      certain provisions in order to offset the difficulties encountered
      as regards the liberalization of road transport at the beginning and the end of the
      combined transport journey , ......
      HAS ADOPTED THIS DIRECTIVE
      ARTICLE    1
      Directive 75 / 130 / EEC is hereby amended a*s follows :
1 . Ar tic (* 1 sh?ll                                          -
      1 . For the purposes of this Directive s                   •
          – "combined road/rail carriage" shall mean road transport of goods between Member
             States where the lorry , trailer , semi–trailer (with or without tractor unit ),
             svrop body and the container are transported by rail between the nearest
             suitable rail loading station to the point of loading and the nearest suitable
             rail unloading station to the point of unloading t
                                                                                       • /• • •
   1 0J No l 48 , 22.2.1975, p. 31                                               '
 ---pagebreak---                                          - 2 ~
         _ »t SWOp body" "shall mean the part of a road vehicle , with or without supports ,
             which is intended to bear the load and which may "be detached from the
             vehicle and re-incorporated therein .
    2 . The following shall be considered to be parts of combined road/ rail carriage :
                                          ν
         - carriage to a loading station and from an unloading station involving
           the crossing of a frontier or entirely on the territory of one Member . State j
         - the above carriage , even where carried out by a road haulage undertaking other
           than that responsible for the international part of the journey.
    3 . Transport using the railway principally to overcome a. natural obstacle shall not
         be considered as combined road/rail carriage for the purposes of this Directive ."
2 . Article 2       shall read :
   'Bach of the Member States shall liberalize the combined road/rail carriage referred
    to in Article 1 from all international and national auota systems and systems of
    authorization ."
3 . Article 5 ,is deleted .
4 . Article' 6 becomes Article 5 and shall read : "This Directive shall not affect the
      conditions in force in each Member State governing admission to the occupation of
      road transport operator ."
5 . Article 7 becomes Article 6 j       it shall read : '
     •|The Commission will report to the Council every two years on the implementation
       of this Directive with a view to developing this system to benefit all combined
       road/rail carriage within the Community. M
6 . Article 3 becomes Article 7 .
     ARTICLE      2
      Member States shall take all necessary steps to comply with this Directive
     before 1 July 1979 * They shall inform the Commission thereof .
      ARTICLE     3
     This Directive i8 addressed to the Member' States .
                                               /
                                                                  Done at Brus sel s ,
                                                                  For the Council