Council Regulation (EEC) No 881/92 (repealed)Dangos y teitl llawn

Council Regulation (EEC) No 881/92

of 26 March 1992

on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States (repealed)

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(1),

Having regard to the opinion of the European Parliament(2),

Having regard to the opinion of the Economic and Social Committee(3),

Whereas the establishment of a common transport policy involves, inter alia, laying down common rules applicable to access to the market in the international carriage of goods by road within the territory of the Community; whereas those rules must be laid down in such a way as to contribute to the attainment of the internal transport market;

Whereas these uniform arrangements for market access also involve introducing the freedom to provide services by eliminating all restrictions imposed on the provider of services because of his nationality or the fact that he is established in a Member State other than that in which the service is to be provided;

Whereas, as regards carriage from a Member State to a non-member country and vice versa, implementation of the freedom to provide services for the journey within the territory of the Member State of loading or unloading should be deferred until appropriate agreements with the non-member countries concerned have been concluded or amended, in order to guarantee compliance with the principle of non-discrimination and equality of conditions of competition between Community carriers;

Whereas, following the Judgment of the Court of Justice of 22 May 1985 in Case 13/83(4) and the conclusions adopted on 28 and 29 June 1985 by the European Council on the Commission communication on the completion of the internal market, on 21 June 1988 the Council adopted Regulation (EEC) No 1841/88(5) amending Regulation (EEC) No 3164/76 on access to the market in the international carriage of goods by road(6);

Whereas under Article 4a of Regulation (EEC) No 3164/76 inserted by Regulation (EEC) No 1841/88 from 1 January 1993, Community quotas, bilateral quotas between Member States and quotas for transit traffic to and from non-member countries will be abolished for the types of carriage referred to in that Article, and arrangements for access to a market without quantitative restrictions based on qualitative criteria which hauliers must meet will be introduced;

Whereas these qualitative criteria are laid down principally in Council Directive 74/561/EEC of 12 November 1974 on admission to the occupation of road haulage operator in national and international transport operations, as last amended by Council Directive 89/483/EEC of 21 June 1989(7);

Whereas pursuant to Article 4b of Regulation (EEC) No 3164/76, as inserted by Regulation (EEC) No 1841/88, the Council must adopt the measures necessary for the implementation of the aforementioned Article 4a;

Whereas with regard to the rules for applying the access arrangements the international carriage of goods by road must be made conditional on the possession of a quota-free Community transport authorization;

Whereas at present, under the First Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road between Member States(8), a certain number of types of carriage are exempt from any quota and carriage authorization system; whereas, within the framework of the new organization of the market introduced by this Regulation, a system of exemption from Community authorization and from any other carriage authorization must be maintained for some of those types of transport, because of their special nature;

Whereas the conditions governing the issue and withdrawal of authorizations and the types of carriage to which they apply, their periods of validity and the detailed rules for their use must be determined,

HAS ADOPTED THIS REGULATION:

Article 1 U.K.

1. This Regulation shall apply to the international carriage of goods by road for hire or reward for journeys carried out within the territory of the Community.

2. In the event of carriage from a Member State to a non-member country and vice versa, this Regulation shall apply to that part of any journey carried out within the territory of the Member State of loading or unloading, after conclusion of the necessary agreement between the Community and the non-member country concerned.

3. Pending the conclusion of agreements between the Community and the non-member countries concerned, this Regulation shall not affect:

• provisions relating to the carriage referred to in paragraph 2 included in bilateral agreements concluded by Member States with those non-member countries. However, Member States shall endeavour to adapt those agreements to ensure compliance with the principle of non-discrimination between Community hauliers,

• provisions relating to the carriage referred to in paragraph 2 included in bilateral agreements concluded between Member States which either under bilateral authorizations or under liberalization arrangements, allow loading and unloading in a Member State by hauliers not established in that State.

Article 2 U.K.

For the purposes of this Regulation:

• ‘vehicle’ shall mean a motor vehicle registered in a Member State or a coupled combination of vehicles the motor vehicle of which at least is registered in a Member State and which are used exclusively for the carriage of goods,

• international carriage, shall mean:

  • a journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States, with or without transit through one or more Member States or non-member countries;

  • a journey undertaken by a vehicle from a Member State to a non-member country or vice versa, with or without transit through one or more Member States or non-member countries;

  • a journey undertaken by a vehicle between non-member countries, with transit through the territory of one or more Member States;

  • an unladen journey in conjunction with such carriage[F1 ;]

• [F2 ‘ driver ’ shall mean the person who drives a vehicle, or who is carried in that vehicle in order to be available for driving if necessary.]

Textual Amendments

F1 Substituted by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation.

F2 Inserted by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation.

Article 3 U.K.

[F1 1. International carriage shall be carried out subject to Community authorisation in conjunction with a driver attestation if the driver is a national of a non-member country.]

2. Community authorization shall be issued by a Member State, in accordance with Article 5 and 7, to any haulier carrying goods by road for hire or reward who:

• is established in a Member State, hereinafter referred to as the ‘Member State of establishment’ in accordance with the legislation of that Member State,

• is entitled in that Member State, in accordance with the legislation of the Community and of that State concerning admission to the occupation of road haulage operator to carry out the international carriage of goods by road.

[F2 3. A driver attestation shall be issued by a Member State, in accordance with Article 6, to any haulier who:

• is the holder of a Community authorisation,

• in that Member State lawfully employs drivers who are nationals of non-member countries or lawfully uses drivers who are nationals of non-member countries put at his disposal in accordance with the conditions of employment and of vocational training laid down in that same Member State:

  • by laws, regulations or administrative provisions, and, as appropriate,

  • by collective agreements, in accordance with the rules applicable in that Member State.]

Textual Amendments

F1 Substituted by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation.

F2 Inserted by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation.

Article 4 U.K.

[F2 1.] The Community authorization referred to in Article 3 shall replace the document issued by the competent authorities of the Member State of establishment, where such a document exists, certifying that the haulier has been granted access to the market in the international carriage of goods by road.

For carriage falling within the scope of this Regulation it shall also replace both the Community authorizations and the bilateral authorizations exchanged between Member States which are necessary until this Regulation comes into force.

[F2 2. The driver attestation referred to in Article 3 shall certify that in the context of transport by road covered by Community authorisation, a driver who is a national of a non-member country carrying out such transport is employed in the haulier's Member State of establishment in accordance with the laws, regulations or administrative provisions and, as appropriate, the collective agreements, in accordance with the rules applicable in that Member State, on the conditions of employment and of vocational training of drivers to carry out road transport operations in that State.]

Textual Amendments

F2 Inserted by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation.

Article 5 U.K.

1. The Community authorization referred to in Article 3 shall be issued by the competent authorities of the Member State of establishment.

2. The Member States shall issue the holder with the original of the Community authorization, which shall be kept by the haulage undertaking, and the number of certified true copies corresponding to the number of vehicles at the disposal of the holder of the Community authorization, whether wholly owned or, for example, under hire purchase, hire or leasing contracts.

3. The Community authorization shall correspond to the model set out in of Annex I, which also lays down the conditions governing its use.

4. The Community authorization shall be made out in the haulier's name, he may not transfer it to any third party. A certified true copy shall be kept in the vehicle and must be produced whenever required by an authorized inspecting officer.

[F2 5. A Community authorisation shall be issued for a renewable period of five years.]

Textual Amendments

F2 Inserted by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation.

[F1 Article 6 U.K.

1. The driver attestation referred to in Article 3 shall be issued by the competent authorities of the Member State of establishment of the haulage undertaking.

2. A driver attestation shall be issued by the Member State at the request of the holder of the Community authorisation for each driver who is a national of a non-member country whom he lawfully employs or who is lawfully put at his disposal in accordance with the laws, regulations or administrative provisions and, as appropriate, the collective agreements, in accordance with the rules applicable in that Member State, on the conditions of employment and of vocational training of drivers applicable in that same Member State. Each driver attestation shall certify that the driver named therein is employed in accordance with the conditions laid down in Article 4.

3. The driver attestation shall conform to the model set out in Annex III, which also lays down the conditions governing its use. Member States shall take all steps necessary to prevent the forgery of driver attestations. They shall inform the Commission thereof.

4. The driver attestation shall belong to the haulier, who puts it at the disposal of the driver designated therein when that driver drives a vehicle using a Community authorisation issued to that haulier. A certified true copy of the driver attestation shall be kept at the haulier's premises. The driver attestation shall be produced whenever required by an authorised inspecting officer.

5. A driver attestation shall be issued for a period to be determined by the issuing Member State, subject to a maximum validity of five years. The driver attestation shall be valid only as long as the conditions under which it wasissued are satisfied. Member States shall take appropriate measures to ensure that if those conditions are no longer met the haulier returns the attestation immediately to the issuing authorities.]

Textual Amendments

F1 Substituted by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation.

Article 7 U.K.

[F2 1.] Whenever an application for a Community authorization is lodged, not more than five years after issue and subsequently at least every five years, the competent authorities of the Member State of establishment shall verify whether the haulier satisfies or still satisfies the conditions laid down in Article 3 (2).

[F2 2. The competent authorities of the Member State of establishment shall regularly verify, by carrying out checks each year, covering at least 20 % of the valid attestations issued in that Member State, whether the conditions referred to in Article 3(3) under which a driver attestation has been issued are still satisfied.]

Textual Amendments

F2 Inserted by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation.

[F1 Article 8 U.K.

1. If the conditions laid down in Article 3(2) or those referred to in Article 3(3) are not satisfied, the competent authorities of the Member State of establishment shall reject an application for the issue or renewal of a Community authorisation or of a driver attestation, by means of a decision which states the reasons therefor.

2. The competent authorities shall withdraw a Community authorisation or a driver attestation where the holder:

• no longer satisfies the conditions laid down in Article 3(2) or those referred to in Article 3(3), or

• has supplied incorrect information in relation to the data required for the issue of a Community authorisation or of a driver attestation.

3. In the event of serious infringements or repeated minor infringements of carriage regulations, the competent authorities of the Member State of establishment of the haulier who has committed such infringements may, inter alia , temporarily or partially withdraw the certified true copies of the Community authorisation and may withdraw driver attestations. These sanctions shall be determined having regard to the seriousness of the infringement committed by the holder of the Community authorisation and having regard to the total number of certified true copies of that authorisation that he holds in respect of international traffic.

4. In the event of serious infringements or repeated minor infringements regarding any misuse whatsoever of driver attestations, the competent authorities of the Member State of establishment of the haulier who committed such infringements shall impose appropriate sanctions, such as:

• suspension of the issue of driver attestations,

• withdrawal of driver attestations,

• making the issue of driver attestations subject to additional conditions in order to prevent misuse,

• temporary or partial withdrawal of the certified true copies of the Community authorisation.

These sanctions shall be determined having regard to the seriousness of the infringement committed by the holder of the Community authorisation.]

Textual Amendments

F1 Substituted by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation.

Article 9 U.K.

[F2 1.] The Member States shall guarantee that the applicant or the holder of a Community authorization is able to appeal against any decision by the competent authorities of the Member State of establishment to refuse or withdraw an authorization.

[F2 2. The Member States shall guarantee that the holder of a Community authorisation can appeal against any decision by the competent authorities of the Member State of establishment to refuse or withdraw a driver attestation or to make the issue of driver attestations subject to additional conditions.]

Textual Amendments

F2 Inserted by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation.

Article 10 U.K.

By 31 January each year Member States shall inform the Commission of the number of hauliers possessing Community authorizations on 31 December of the previous year and of the number of certified true copies corresponding to the vehicles in circulation at that date.

Article 11 U.K.

1. The Member States shall give each other mutual assistance in ensuring the application and monitoring of this Regulation.

2. Where the competent authorities of a Member State are aware of an infringement of this Regulation attributable to a haulier from another Member State, the Member State within the territory of [X1 which the infringement is ascertained] shall inform the competent authorities of the Member State in which the haulier is established and may ask the competent authorities of the Member State of establishment to impose sanctions in accordance with this Regulation.

3. In the event of a serious infringement or repeated minor infringements of carriage regulations, the competent authorities of the Member State in which the haulier is established shall examine the ways in which the sanctions provided for [F1 in Article 8(3) and (4)] are applied and shall communicate their decision to the competent authorities of the Member State [X1 in which the infringements were ascertained.]

Editorial Information

X1 Substituted by Corrigendum to Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States (Official Journal of the European Communities No L 95 of 9 April 1992).

Textual Amendments

F1 Substituted by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation.

[F2 Article 11a U.K.

The Commission shall examine the consequences of restricting the obligation to hold a driver attestation to drivers who are nationals of non-member countries and shall, should there be sufficient justification for doing so, submit a proposal for the amendment of this Regulation.]

Textual Amendments

F2 Inserted by Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation.

Article 12 U.K.

The following shall be repealed:

• Council Regulation (EEC) No 3164/76,

• Article 4 of Council Directive 75/130/EEC of 17 February 1975 on the establishment of common rules for certain types of combined carriage of goods between Member States(9),

• Council Directive 65/269/EEC of 13 May 1965 concerning the standardization of certain rules relating to authorizations for the carriage of goods by road between Member States(10),

• Council Decision 80/48/EEC of 20 December 1979 on the adjustment of capacity for the carriage of goods by road for hire or reward between Member States(11).

Article 13 U.K.

The First Council Directive of 23 July 1962 is hereby amended as follows:

1.

the title shall be replaced by: ‘First Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road’;

2.

Article 1 shall be replaced by:

‘Article 1

1. Under the conditions laid down in paragraph 2, Member States shall liberalize the types of international carriage of goods by road for hire or reward and on own account listed in the Annex where such carriage is performed to or from or in transit through their territory.

2. The types of carriage and unladen journeys made in conjunction with the carriage listed in the Annex shall be exempted from Community authorization and from any carriage authorization;’

3.

Annex II shall be deleted and the text of Annex I shall be replaced by that appearing in Annex II to this Regulation.

Article 14 U.K.

The Member States shall communicate to the Commission the measures they take to implement this Regulation.

Article 15 U.K.

This Regulation shall enter into force on the day following of its publication in the Official Journal of the European Communities.

It shall apply from 1 January 1993.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I U.K.

‘ANNEX U.K.

’

ANNEX II U.K.

‘ANNEX U.K. Types of carriage to be exempted from any Community authorization and from any carriage authorization

1. Carriage of mail as a public service.

2. Carriage of vehicles which have suffered damage or breakdown.

3. Carriage of goods in motor vehicles the permissible laden weight of which, including that of trailers, does not exceed six tonnes or the permissible payload of which, including that of trailers, does not exceed 3,5 tonnes.

4. Carriage of goods in motor vehicles provided the following conditions are fulfilled:

(a)

the goods carried must be the property of the undertaking or must have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking;

(b)

the purpose of the journey must be to carry the goods to or from the undertaking or to move them, either inside the undertaking or outside for its own requirements;

(c)

motor vehicles used for such carriage must be driven by employees of the undertaking;

(d)

the vehicles carrying the goods must be owned by the undertaking or have been bought by it on deferred terms or hired provided that in the latter case they meet the conditions of Council Directive 84/647/EEC of 19 December 1984 on the use of vehicles hired without drivers for the carriage of goods by road(12).

This provision shall not apply to the use of a replacement vehicle during a short breakdown of the vehicle normally used;

(e)

carriage must be no more than ancillary to the overall activities of the undertaking.

5. Carriage of medicinal products, appliances, equipment and other articles required for medical care in emergency relief, in particular for natural disasters.’

[F2 ANNEX III] U.K.

(1)

OJ No C 238, 13. 9. 1991, p. 2.

(2)

OJ No C 39, 17. 2. 1992.

(3)

OJ No C 40, 17. 2. 1992, p. 15.

(4)

ECR 1985, p. 1513.

(5)

OJ No L 163, 30. 6. 1988, p. 1.

(6)

OJ No L 357, 29. 12. 1976, p. 1. Regulation last amended by Regulation (EEC) No 3914/90 (OJ No L 375, 31. 12. 1990, p. 7).

(7)

OJ No L 308, 19. 11. 1974, p. 1. Directive last amended by Regulation (EEC) No 3572/90 (OJ No L 353, 17. 12. 1990, p. 12).

(8)

OJ No L 70, 6. 8. 1962, p. 2005/62. Directive last amended by Directive 84/647/EEC (OJ No L 335, 22. 12. 1984, p. 72).

(9)

OJ No L 48, 22. 2. 1975, p. 31. Directive last amended by Directive 91/224/EEC (OJ No L 103, 23. 4. 1991, p. 1).

(10)

OJ No 88, 24. 5. 1965, p. 1469/65. Directive as last amended by Directive 85/505/EEC (OJ No L 309, 21. 11. 1985, p. 27).

(11)

OJ No L 18, 24. 1. 1980, p. 21.

(12)

OJ No L 335, 22. 12. 1984, p. 72.