COUNCIL REGULATION (EEC) No 1384/79  of 25 June 1979  amending Regulation (EEC) No 1108/70 introducing an accounting system for expenditure on infrastructure in respect of transport by rail, road and inland waterway
THE COUNCIL OF 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 (1),
Having regard to the opinion of the Economic and Social Committee (2),
Whereas, in order to institute under the common transport policy a system of charging for the use of infrastructure, it is necessary to know what expenditure is incurred in respect of infrastructure;
Whereas a permanent accounting system offers the most suitable means for knowing what expenditure is incurred in respect of infrastructure;
Whereas to this end the Council, by Regulation (EEC) No 1108/70 (3), introduced a permanent accounting system for such expenditure;
Whereas account should be taken of experience gained and of the development of the common transport policy ; whereas the forms of accounts, the list of types of infrastructure and the schedule of returns concerning the use of infrastructure provided for in Regulation (EEC) No 1108/70 should be adjusted accordingly,
Regulation (EEC) No 1108/70 is hereby amended as follows:    1. Article 3 shall be replaced by the following:
"Article 3
Infrastructure expenditure accounts shall be kept for each of the railway networks listed in Annex II (A. 1) and for the total of all the other networks listed in Annex II (A. 2), as well as for all roads and inland waterways open to public traffic, with the following exceptions:      (a) roads closed to motor traffic, that is, to vehicles with a cylinder capacity equal to or exceeding 50 cm3;
(b) roads used exclusively by agricultural or forestry vehicles or which serve only to provide access for agricultural or forestry operations;
(c) inland waterways on which traffic is limited to vessels of less than 250 tonnes deadweight;
(d) waterways of a maritime character, as listed in Regulation (EEC) No 281/71 (1).
(1)OJ No L 33, 10.2.1971, p. 11."       2. Article 5 (2) (a) shall be replaced by the following:
"2. Separate accounts shall be presented:
(a) in respect of railways:      (i) for each of the networks listed in Annex II (A. 1);
(ii) for the total of all the other networks listed in Annex II (A. 2). However, the returns relating to these networks shall be sent only once every five years, starting with those for the year 1980."  (1)OJ No C 296, 11.12.1978, p. 57. (2)OJ No C 128, 21.5.1979, p. 35. (3)OJ No L 130, 15.6.1970, p. 4.
3. The second indent of the first subparagraph of Article 6 shall be replaced by the following:
"- capital repayments and, separately, interest on loans contracted earlier."
4. Article 7 shall be replaced by the following:
"Article 7
Member States shall send to the Commission, at the same time as they send the accounts referred to in Article 5 and in respect of the same period, returns relating to the use of infrastructures in accordance with Tables A, B (1.1) and C of Annex III.
The returns covered by Tables B (1.2) and B (2) of that Annex shall be sent only once every five years. In the case of Table B (1.2) returns shall be sent for the first time for the year 1980 and, in the case of Table B (2), returns shall be suspended until work on the system of charging for the use of infrastructure make them necessary."
5. Annexes I, II and III are amended in accordance with the Annex.
Member States shall, in good time and after consulting the Commission, adopt such laws, regulations or administrative provisions as may be necessary for the implementation of this Regulation.
Where a Member State so requests, or where the Commission considers it appropriate, the Commission shall consult with the Member States concerned upon the proposed terms of the measures referred to in the preceding paragraph.
This Regulation shall be binding in its entirety and directly applicable in all Member States.