Regulation (EC) No 1100/2008 of the European Parliament and of the Council of 22 October 2008 on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (Codified version) (Text with EEA relevance)

14.11.2008 EN Official Journal of the European Union L 304/63
REGULATION (EC) No 1100/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 October 2008
on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport
(Codified version)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) Council Regulation (EEC) No 4060/89 of 21 December 1989 on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (3) has been substantially amended (4). In the interests of clarity and rationality the said Regulation should be codified.
(2) Achieving freedom to provide services in the field of transport is an important element of the common transport policy under the Treaty. Consequently, it is the aim of that policy to increase the fluidity of movement of the different means of transport within the Community.
(3) Pursuant to existing Community and national legislation in the field of road and inland waterway transport, Member States perform checks, verifications and inspections relating to technical characteristics, authorisations and other documentation that vehicles and inland waterway vessels must comply with. These checks, verifications and inspections continue in general to be justified in order to avoid disturbances to the organisation of the transport market and to ensure road and inland waterway safety.
(4) Under existing Community legislation, Member States are free to organise and perform the aforementioned checks, verifications and inspections where they so wish.
(5) Such checks, verifications and inspections may be performed with equal efficacy throughout the territory of the Member States concerned and crossing the frontier should not therefore be a pretext for carrying out such operations,