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

7. 3. 89                                 Official Journal of the European Communities                              No C 58/7
                                                   COMMISSION
              Proposal for a Council Regulation (EEC) on the elimination of controls performed at the
                       frontiers of Member States in the field of road and inland waterway transport
                                                       COM(88) 800 final
                                      (Submitted by the Commission on 23 December 1988)
                                                          (89/C 58/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas, according to existing Community legislation,
                                                                   Member States are free to organize and perform the
Having regard to the Treaty establishing the European              aforementioned checks, verifications and inspections
Economic Community, and in particular Article 75                   where they wish but in practice they carry them out from
thereof,                                                           time to time at their frontiers;
Having regard to the proposal from the Commission,                 Whereas controls, verifications and inspections may be
                                                                   performed with equal efficacy within the Member States
Having regard       to   the    opinion   of   the  European       concerned,
Parliament,
                                                                   HAS ADOPTED THIS REGULATION:
Having regard to the opinion of the Economic and
Social Committee,                                                                             Article 1
Whereas achieving freedom to provide services in the               This Regulation applies to controls carried out by
field of transport is an important element of the common           Member States pursuant to Community or national legis-
transport policy under the Treaty; whereas, conse-                 lation in the fields of road and inland waterway
quently, it is the aim of the common transport policy to           transport.
increase the fluidity of movement of the different means
of transport within the Community;                                                            Article 2
                                                                   For the purposes of this Regulation:
Whereas the Community is engaged in the adoption of
measures with the aim of progressively establishing the            (a) 'frontier' means either an internal frontier within the
internal market over a period expiring on 31 December                   Community or an external frontier, where carriage
1992, which comprises an area without internal frontiers                between Member States involves crossing a third
in which the free movement of goods, persons, services                  country;
and capital is ensured in accordance with the provisions            (b) 'control' means any check, inspection, verification or
of the Treaty;                                                          formality performed at the frontiers of Member
                                                                        States by the national authorities, which signifies a
Whereas under the            Commission's White Paper                   stop, or a restriction on the free movement of the
programme a proposal          should be presented to the                vehicles or vessels concerned.
Council in order to          abolish frontier checks and
formalities related to the   means of inland transport and                                    Article 3
documentation;
                                                                   Controls pursuant to Community or national measures in
Whereas, pursuant to existing Community and national               the fields of road and inland waterway transport between
legislation in the field of road and inland waterway               Member States, and in particular those specified in the
transport, Member States perform checks, verifications             Annex, shall no longer be performed at the frontiers of
and inspections relating to technical characteristics, auth-       Member States.
orizations, and other documentation that vehicles and
inland waterway vessels must comply with, and that                                            Article 4
these checks, verifications and inspections continue in            This Regulation shall enter into force on 1 January 1990.
general to be justified in order to avoid disturbances to
the organization of the transport market and to ensure             This Regulation shall be binding in its entirety and
road safety;                                                       directy applicable in all Member States.
 ---pagebreak--- N o C 58/8                                Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s           7. 3. 89
                                                                    ANNEX
                                                                    PARTI
                                                             Community legislation
           DIRECTIVES
           (a) Article 1, paragraph 4 of Council Directive 86/384/EEC (') relating to proof of compliance of vehicles
                with Directive 85/3/EEC (2) on the weights, dimensions and certain other technical characteristics of
                certain road vehicles, as amended by Directive 86/360/EEC (J) and Directive 88/218/EEC (4), 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; and Article 1 paragraph 1 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;
           (b) Article 5, paragraph 3 of Council Directive 77/143/EEC (5) on the approximation of the laws of the
                Member States realting to roadworthiness tests for motor vehicles 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 roadworthiness test issued in another Member State; this act of recognition implying that
                a verification by national authorities be made anywhere within their territories;
           (c) Article 2, paragraph 5 of Council Directive 84/647/EEC (7) 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 a number of documents which must be on board the hired vehicle, the existence of the
                said proof implying that Member States may require checking them anywhere and at any time;
           (d) Article 3, paragraph 2 of Council Directive 65/269/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 (10), which provides that authorizations must be carried
                on the vehicle and be produced at the request of any authorized national inspecting officer;
           (e) Article 3, paragraphs 3, 4 and 5 of Council Directive 76/135/EEC (") on reciprocal recognition of
                navigability licences for inland waterway vessels, which provides that, as proof of compliance with the
                Directive, Member States may require that the licences, certificates or authorization be produced;
           (f) Article 17, paragraph 1 of Council Directive 82/714/EEC (12) 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;
           REGULATIONS
           (a) Articles 9 and 10 of Regulation (EEC) No 117/66 (1J) on the introduction of common rules for the
                international carriage of passengers by coach and bus, which refer to documents and certificates and
                which entitle any authorized inspection officer to verify and control the documents and to require the
                presentation of the documents;
           (b) Articles 17 and 18 of Regulation (EEC) No 516/72 (14) on the introduction of common rules for
                shuttle services by coach and bus between Member States, 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 authorized inspecting officer;
            C)  oj No   L 221, 7. 8. 1986, p. 48.
            O    oj No  L 2, 3 1. 1985, p. 14.
            O    oj No  L 217, 5. 8. 1986, p. 19.
            O    oj No  L 98, 15. 4. 1988, p. 48.
            (') oj N o  L 47, 18. 2. 1977, p. 47.
            (') oj No   L 222, 12 8. 1988, p. 10.
            O    oj No  L 335, 22 12. 1984, p. 72.
            (') oj No   88, 24 5. 1965, p. 1469.
            (') oj No   L 322, 28 11. 1983, p. 33.
           n     oj No  L 309, 21 . 11. 1985, p. 27.
           (")   oj No  L 21, 29. 1. 1976, p. 10.
           n     oj No  L 301, 28 . 10. 1982, p. 1.
           (")   oj No  147, 9 8. 1966, p. 2688.
           n     oj No  L 67, 20. 3. 1972, p. 13.
 ---pagebreak--- 7. 3. 89                                    Official Journal of the European Communities                                  No C 58/9
              (c) Article 17 of Regulation (EEC) No 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 authori-
                  zation provided for in Article 3 of the Regulation shall be carried on the vehicle and be produced at
                  the request of any authorized inspecting officer;
              (d) Article 17 of Regulation (EEC) No 3820/85 (2) on the harmonization of certain social legislation
                  relating to road transport, which entitles 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 complied with;
              (e) Article 19 of Regulation (EEC) No 3821/85 (3) 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.
              (f) Article 2 of Regulation (EEC) No 3164/76 on the Community quota for the carriage of goods by road
                  between Member States (4) as last amended by Regulation (EEC) No 1841/88 (s) which provides that
                  the Community authorization should be presented at the request of any authorized inspecting officer.
                                                                 PART II
                                                            National legislation
              Controls on driving licences of persons driving vehicles, on the carriage of goods and of persons and on
              the insurance certificates of vehicles.
              (') OJ No  L 67, 20. 3. 1972, p. 19.
              (2) OJ No   L 370, 31. 12. 1985, p. 1.
              O   OJ No   L 370, 31. 12. 1985, p. 8.
              (4) OJ No   L 357, 29. 12. 1976, p. 1.
              (5) OJ No   L 163, 30. 6. 1988, p. 1.
              Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1785/81 on the
                                      common organization of the markets in the sugar sector
                                                            COM(89) 67 final
                                         (Submitted by the Commission on 21 February 1989)
                                                              (89/C 58/08)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                  sugar imported from third countries at a reduced levy in
                                                                         order to bring its price to the level of the Community
Having regard to the Treaty establishing the European                     intervention price for raw sugar;
Economic Community, and in particular Article 43
thereof,                                                                 Whereas in the Joint Declaration attached to the Act of
                                                                         Accession on supplies to the sugar refining industry in
Having regard to the proposal from the Commission,                        Portugal it is stated that the sugar in question is to be
                                                                          supplied under price conditions similar to those for pref-
                                                                          erential sugars; whereas the arrangements for import at a
Having regard        to    the    opinion     of     the European         reduced levy enabled the sugar thus imported to comply
Parliament,                                                               with those conditions;
Whereas Portugal's white sugar requirements have tradi-                   Whereas Article 9 (4) (b) of Council Regulation (EEC)
tionally been met by the refining of imported raw sugar;                  No 1785/81 O , as last amended by Regulation (EEC)
whereas to that end Article 303 of the Act of Accession                   No 2306/88 (2), introduces an aid scheme for the
of Spain and Portugal lays down appropriate measures                      refining of preferential raw sugar;
which are to apply during the transitional period for
 ensuring the supply of raw sugar to Portuguese
 refineries, drawing firstly on raw sugar imported from
 certain ACP countries and raw sugar produced in the                      (') OJ No L 177, 1. 7. 1981, p. 4.
 Community and secondly, where this is insufficient, raw                  (2) OJ No L 201, 27. 7. 1988, p. 65.