CELEX: 51976PC0329
Language: en
Date: 1976-07-09
Title: AMENDMENTS TO THE PROPOSAL FOR A COUNCIL REGULATION (EEC) ON THE COMMUNITY QUOTA FOR THE CARRIAGE OF GOODS BY ROAD BETWEEN MEMBER STATES (submitted to the Council by the Commission pursuant to the second paragraph of Article 149 of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 329
Vol. 1976/0097
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(76)329 final
                                              Brussels , 9 July 1976 ,
                                                                              0
                                                                                   !
                                                                             ' ' V
                                   AMENDMENTS TO
          THE PROPOSAL FOR A COUNCIL REGULATION ( EEC) ON THE COMMUNITY
          QUOTA FOR THE CARRIAGE OF GOODS BY ROAD BETWEEN MEMBER STATES
                                                                        ■I V
              ( submitted to the Council by the Commission pursuant to
                the second paragraph of Article 149 of the EEC Treaty)
   COM(76) 329 final
 ---pagebreak--- EXPLANATORY KEIDRAEDUM
        The application of the Community quota system introduced by Council
Regulation (ICEC ) N° 1018/68 ( l ) of 19 July 1968 was extended by Regulation
 ( EEC) U° 3331/ 75 ( 2 ) of 18 December 1975 » among others , as the Council was
unable to act in time on all the provisions of the proposal which the Com­
mission had presented in this connection on 10 October 1975 *
        After re-examining the matter , and bearing in mind certain opinions
delivered in the meantime by various relevant bodies on the initial proposal ,
the Commission considers that the proposal should be amended on the basis
of Article 149 of the Treaty as set out below . The Commission formulated
the amendments for the following reasons
- Article 2
       - Paragraph 2
           As two Annexes are necessary they should be numbered .
- Article 3
       - Paragraph 1
           Article 3 of the initial proposal contains provisions relating to
           1976 .  As those provisions must now cover 1977 1 they must be
           amended .                                '
                          \
( 1 ) OJ L 175 , 23 July 1968 , p. 13
( 2 ) OJ L 329 , 23 December 1975 , p. 9
 ---pagebreak---                            - 4 -
Paragraph 2
  An examination of the record sheets shows that the number of
  multilateral transport operations is still increasing . Further­
  more , the. Community quota system must be taken beyond the initial
  experimental phase and into the second stage where it will act
   as a catalyst of Community integration from its current in road
  haulage .
  Thus , as the current Community quota involves only some 4 million
  tonnes of the goods carried by road between the Member States ,
  which represents
  •» less than 4*50 $ of the volume of goods carried by road between
     the Member States ,
  - less than 1.2 % of the volume of goods carried between 'the
     Member States by the three inland modes of transport ,
  - less than 0.20 $ of the volume of goods carried in international
     and national transport operations within the Community ,
  having regard also to the likely economic upturn and the fact
  that various bilateral quotas are insufficient for certain traffic
  flows between Member States , the Commission is of the opinion
  that the Community quota should be made sufficient to cover in
  1977 at least twice the present volume , although without causing
  market upheaval .
  As far as the allocation of quotas is concerned , the Commission
  proposed . to increase the quota granted to each Member State on
  the following basis
  - 50 fe across the board , to take into account the peripheral
     situation of certain Member States ,  ,
  - 50 fo on the basis of the Community authorizations used in 1974i
     expressed in tonne-km .
 ---pagebreak---       - Paragraph 3
        As set out in paragraph 2 there is a' need to increase the Community
        quota. In this proposal the Commi|sion -confines itself to advocating
        a revision of the Community quot a/ancL its division between the Member
        States : to avoid any misunderstanding the Commission would emphasise
        that it is in no way seeking to "pre-empt " the final system by means
        of this proposal for amendments .
        In this context there is no need to mention any consultations with
        the Committee referred to in Article 6 ( l ) ( a) of the proposal for a
        Council Regulation concerning a system for observing the markets
        for the carriage of goods by rail , road and inland waterways between
        the Member States ( l ).   Such consultations will be provided in the
        proposal for a Regulation .
      - Paragraph A
        ( a) This subparagraph is now superfluous because this proposal for
              amendments to the 1975 proposal already covers 1977
        ( b ) In the light of portions taken in various forums , the Commission
              has not provided , in this proposal , for predetermined mechanisms
              designed to increase the Community quota automatically ; conse-
           1  quently , the proposal does not still contain the provision for
              the quota to be increased by 20 fo where the Council has not made
              a decision in due time . All that is provided for in the proposal
              is that tha Community quota would be held at its existing level ,
              if the Council had not taken a decision in respect of a particular
              year , on the basis of an amending proposal from the Commission .
- Article 3 ( a)
  To enable the Member States and>the Commission to obtain information on the
use of Community authorizations , it is proposed that transport report
should still continue although the Commission previously planned to' abolish
it , notably on the grounds of the cost of operating it . - •< " '       ■ " •
( l ) Commission proposal of 1 October 1975
      OJ CI , 5 January 1976 , p. 37
 ---pagebreak---                               ARTICLES
           Initial proposal                                Few proposal
Article 2                               Article 2
1.     Community authorization shall    1.   lii changed .
entitle their holders to effect , over
all transport links between the Mem­
ber States , the carriage of goods by
road, of the type specified in Article
1 , with the exception of internal
transport operations within the terri­
tory of a Member State , and to effect
journeys unladen throughout the Com­
munity.
2.     Community authorizations shall   2.    Community authorizations shall
correspond to the model contained in    correspond to the model in .Annex I.
the Annex. This Annex , which forms     This /innex , which forms an integral
an integral pati; of this Regulation ,  part of the present Regulation , also
also lays down the conditions of use    lays down the conditions of use of
of the Community authorizations .       the Community authorizations .   ■
3.     Community authorizations shall        Unchanged .
be made out in the name of a carrier .
They may not be transferred to third
parties .
       Each authorization may be used
for only one vehicle at the -fcaroe
 time . It shall be carried on the
 vehicle and produced at the request
 of any authorized inspecting officer .
 ---pagebreak---                                      _  7 _
                                        I
     " Vehicle " means a single vehicle
or a coupled combinat ion of vehicles .
4 . Community authorizations shall           4*   Unchanged,
be valid for one calendar year .
5 . Community authorizations shall           5*   Unchanged ,
be allocated by the Commission to
the Member States for the purpose of
issuing then to carriers .
6.   Community authorizations shall ,        6.   Unchanged.
in accordance with the relevant
national procedures , be issued by
the competent authorities of the
Member States , in respect of carriers
established on their territory ,
within the limits of the total number
of authorizations allocated to each
Member State . '
7.    The issuing of a Community             7»   Unchanged ,
authorization shall be subject to a
fee to cover the costs of
administration and inspection .
Article 3
1.    For 1976 the quota shall consist 1 .        Por 1977 t ho quota shall comprise
of 4 726 authorizations .                 i -4 726 authorizations .
 ---pagebreak--- 2 . The number of Community author­ 2 . The number of Community author­
izations allocated to each Member    izations allocated to each Member State
State shall be as follows :          shall be as follows :
     Belgium         ::    k96           Belgium        !»
     Denmark         ::    298           Denmark        !!    ^
     Germany       . ::    99'v          Germany        :     -206
     France          :t    826           France         !!     2§1
     Ireland         ::      79          Ireland        :       Si
     Italy           s:    615           Italy          s:     706
     Luxaoboarg       :    lk2           Luxembourg     :      130
     Netherlands     ::    835           Netherlands    :'     231
     United Kingdom :      kkl    '      United Kingdom :
     For each of the following years 3 . For each of the subsequent years
the Council , on a proposal by the   the Council , on a proposal from
Commission , shall decide , by 30    the Commission , shall decide , by 30
November of the previous year , on   November of the previous year , on
the quota and the number of author!   any increase in the Community quota
izations to be allocated to each
                                      and on the allocation to the Member
Member State . These proposals        States of the extra authorizations
shall be drawn up after consulta­     resulting therefrom.
tion with the Committee referred
to in Article 6 ( i ) a ) of Regula­
tion ( EEC ) No            ( 1 ).
4 . ( a ) If , by the date fixed in  k ( a ) Deleted
paragraph 3 above , the Coucil has
reached no decision in respect of
1977 , the quota and numbers of
authorizations set out in paragrapl
1 and 2 shall remain the same for
that year .
( b ) If , by the date fixed in      b)becomes
paragraph 3 above , the Council      If , by the date fixed in paragraph
has reached no decision in respect   3 above , the Coucil has reached no
of any later year , the current      decision in respect of any later
qu«ta and numbers of authoriza­      year , the current quota und numbers
tions shall be increased by 20#«     of authorizations shall be maintained .
 ---pagebreak---                                   - 9 -
                                        Article 3 ( a )     -
                                        1.     Transport operations effected
                                       under a Community authorization shall
                                        be entered on record sheets - Annex II
                                        contains the model of such record
                                        sheets together with the general pro­
                                        visions for the use and supply of in­
                                        formation concerning the abovementio-
                                       ned operations .       This Annex forms an
                                        integral part of this Regulation .
                                       2.     The competent authorities of the
                                       Member States shall forward to the
                                        Commission the information received
                                       in respect of each six-month period ,
                                       in anonymous form , within two months
                                       of_ t he_ end_o_f t he__ sj X –mont h__Qe r^od
                                       con cerned .                                    ^
                                       3.     The information referred to in the
                                       preceding paragraphs
                                       for stati st ical ourgoses .         It_sha_l L
                                                                  p ur poses nor
                                       shal^_it ke communicated to third
                                       part l e"s~   ~
Article 6                              Article 6
    This Regulation shall enter into          This Regulation shall enter into
force on 1 January 1977 »              force on 1 January 1977 .
    This Regulation shall be binding          This Regulation shall be binding
in its entirety and directly applic­   in its entirety and directly applic­
able in all Member States .            able in all Member States .
 ---pagebreak---     Initial proposal     .                   New proposal
         - Annex                               Annex I
( a) ( First page of Community autho­ ( a) unchanged
       rization ) •   -
 ---pagebreak---                                           ( b ) unchanged
 ( Second page of Community authori­
 zation )
 ( Tert to be worded in the official
 language or languages of the Member
State issuing the authorizations ;
translations in the other official
languages of the Community to be
given on pages ( c ) and ( d ) ).
           GENERAL PROVISIONS                              GENERAL PROVISIONS
      This authorization permits the            unchanged
international carriage of goods by
road for hire or reward from any
Member State of the European Economic
Community by any route to any other
Member State , but does not authorize
the carrying out of any transport
operation entirely within the terri­
tory of one Member State .
      It is not valid for transport             unchanged
operations between a Member State and
a nont-Member State , nor is it valid
on the territory of a non-Member State
for transport in transit through that
non- Member State .
      It is personal to the holder and          unchanged
non-transferable .       /
      It may be used for only one              It .may be used for only one vehicle
vehicle at the same time ( 1 ) and must at the same time .
be carried in that vehicle .
                                                It must be carried in that vehicle
                                         and hnntcfcgj accompanied by a- book
                                         Of record sheets for, all international
                                        .transport operat i'6n£r~ effect ed under
                                         it:^        -■ f. .ri . v
      The authorization must be pro­            The authorization and the book. r>f
duced whenever required by an autho­     record-^heVt £?-' for* intferaat ions-l"
rized inspecting officer .              transport                  nuct bo produced
                                         td-fct'her .yhenever required by an
                                         'authorized inspecting rofficer .
( l ) " Vehicle" means a single vehicle
or a coupled combination of vehicles .
 ---pagebreak---  00
 ( Continuation of second page of      unchanged,
Community authorization )
      The holder is required to comply unchanged.
in the territory of each Member State
with the laws , regulation and admi­
nistrative provisions of that State ,
and in particular with those con­
cerning transport and road traffic .
      This authorization must "be re­  imchanged.
turned to the competent issuing
authority or agency within fifteen
days of its date of expiry .
 ---pagebreak--- Initial proposal              New proposai
                               Innex II
                 The provisions of Annex II to
                 Regulation No 2829/ 72 on' transport
                 record sheets shall be included
                 in.full .
 ---pagebreak---                                fIN a NCIAL_ANNEX
       The coding and taping of the data on Transport has to date cost
the Commission 66.66 u.a . per authorization .
       For 1977 the 4,726 authorizations wilt therefore involve an
expenditure of 315 / 036 u.a . under Article 264 of the Commission Budget .
       No provision for the 315,036 u.a . required appears in the
preliminary .draft 1977 Budget forwarded to the Budgeting Authority . The
work in question cannot , therefore , be rarried out until the Budgeting
Authority gives permission for this amount to be transferred from
Chapter 101 of the 1977 Budget .
       For each year thereafter the expenditure will have to be adjusted
in accordance with the number of authorizations granted at 1 January
of the Budget year concerned .