Council Regulation (EEC) No 881/92 (repealed)Show full title

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the Community to or from the territory of a Member State or passing across the territory of one or more Member States (repealed)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:

(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).