CELEX: 51972PC1358
Language: en
Date: 1972-11-13
Title: PROPOSAL FOR A DIRECTIVE OF THE COUNCIL amending the first Council Directive on the establishment of certain common rules for international transport (carriage of goods by road for hire or reward) (submitted by the Commission to the Council)

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COM (72) 1358
Vol. 1972/0177
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 ---pagebreak---              COMMISSION or THE EUROPEAN COMMUNITIES
                                                          COM(72)1358 Final-E
                                              Brussels , 13 November 1972
              PROPOSAL FOR A DIRECTIVE OF THE COUNCIL
       amending the first Council Directive on the
       establishment of certain common rules for international
       transport
       ( carriage of goods by road for hire or reward )
       ( submitted by the Commission to the Council )
COM ( 72) 1358 Final
 ---pagebreak---                                                                 COM ( 72 ) 1358 final-E
                           EXPLANATORY MEMORANDUM
In the context of the establishment of the Common Market , the development
of transport must proceed in step with the opening up of intra-Community
markets in general , and in particular with the increase and diversification
in trade between the Member States .      Intervention by the public authorities
must only take place in order to avoid disturbances on the transport market
and to safeguard the public interest .      In the light of this the prime
objective must be to remove all unjustified obstacles to and restrictions
on the free movement of goods , which frequently arise solely out of the
very existence of national frontiers .
In view of the foregoing , and of the fact that carriage of all types
between Member States effected with small tonnage vehicles is of negligible
importance as regards the stability of the market , it is desirable that
such carriage should be freed from allsystems of quota restrictions and
authorizations .   Such .^Liberalization would allow by now superfluous
administrative formalities to be dispensed with, and would also facilitate
the carriage of goods by vehicles principally intended for tourist .purposes
or for the combined carriage of goods and passengers , such practices
becoming more frequent with increases in the duty-free allowances granted
to nationals of Member States .*.
In addition , the objectives which led the Council to exempt the types of
carriage for hire or reward mentioned in Annex I to the Council Directive
of 23 July 1962 on the establishment of certain common rules for inter­
national transport ( carriage of goods by road for hire or reward)^*, and
more especially the desire which it manifested to encourage the economic
integration of frontier regions , are equally valid or more so with regard
to carriage on own account .     The latter plays a crucial role in the
development of certain other economic activities , especially market supply ,
product distribution , and the internal stages of industrial production .
This role , moreover , has been recognized by several Member States which
have extended the systems provided for in the first Directive to carriage
on own account by means of bilateral agreements .
                                                            « • •/• • •
 OJ No 70 , 6 August 1962 , p . 2005/62 .
 ---pagebreak---                                                            COM(72)1358 final -I
This proposal therefore provides for the following :
( a ) the inclusion in Annex I- to the aforementioned Directive of carriage
      effected by means of motor vehicles the maximum permitted carrying
      capacity of which does not exceed 3*5 metric tons .
(b ) The provisions concerning the said Annex I shall no longer apply
      exclusively to carriage for hire or reward-
 ---pagebreak---                                                         C0M(72 ) 135o final -E
               PROPOSAL FOB A DIRECTIVE OF THE COUNCIL
         amending the first Council Directive on the establishment
         of certain common rules for international transport ( carriage
         of goods for hire or reward)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community
and in particular Article 75 » paragraph 1 thereof ;
                                      J
Having regard to the Proposal from the Commission ;
Having regard to the Opinion of the Economic and Social Committee ;
Having regard to the Opinion of the European Parliament ;
Whereas , in order not to impede the progressive establishment of the
common market , and in particular to facilitate the free movement of goods ,
it is desirable that the rules applying to transport should be amended
to take account of the development of trade between Member States ; whereas
as a result of this need and in order to ensure that the users of such
services shall have as free a choice as possible , certain types of carriage
by small tonnage vehicles should be freed from all systems of quota
restrictions and authorizations , since the latter are not likely to cause
disturbances on the market ; whereas , furthermore , it is desirable that
Article 1 of the Council Directive of 23 July 1962 , on the establishment
of certain common rules for international transport       should , as the
types of transport listed in Annex I , no longer apply exclusively to
carriage for hire or reward ; whereas the adoption of such measures would
also free the carriage of goods by vehicles principally intended for tourist
purposes from all systems of quota restrictions and authorizations ;
                                                                  • •
^l5 0J No 70, 6 August 1962, p. 2005/62.
 ---pagebreak---                                                              COM ( 72) 1358 final -E
HAS ADOPTED THIS DIRECTIVE :
                               Article 1
The title of the Council Directive of 23 July 1962 shall be replaced by
the following :
" First Council Directive on the establishment of certain common rules
  for certain types of carriage of goods by road between Member States ".
                              Article 2
The following new    subparagraph is added after Article 1 , paragraph 1 :
"Each Member State shall , by 1 July 1973 at the latest , and in the
  manner laid down in paragraph 2 of this Article , liberalize the types
  of international carriage of goods by road involving other Member
  States listed in Annex -I to this Directive , where such carriage is
  performed to and from the territory of that Member State or passing
  in transit across the territory of that Member State - M .
                              Article 3
The following new paragraph is "added to Annex I :
"10 .   Carriage of goods in motor vehicles the maximum permitted
        carrying capacity of which , including any trailer , does not
        exceed 3»5 metric tons ."-.
                              Article k
Paragraph 2 of Annex II is deleted , -and paragraphs 3 »      5 and 6
re-numbered 2 , 3 » ^ and 5 respectively .
This Directive is addressed to the Member States .
Done at Brussels ,                                  for the Council