Legal provisions of COM(1997)443 - Statistical returns in respect of carriage of goods by road - Main contents
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dossier | COM(1997)443 - Statistical returns in respect of carriage of goods by road. |
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document | COM(1997)443 |
date | May 25, 1998 |
Contents
- Article 1 - Subject and scope
- Article 2 - Definitions
- Article 3 - Data collection
- Article 4 - Precision of results
- Article 5 - Transmission of results to Eurostat
- Article 6 - Dissemination of results
- Article 7 - Reports
- Article 8 - Financial contribution
- Article 9 - Implementing procedures
- Article 10 - Procedure
- Article 11 - Directive 78/546/EEC
- Article 12 - Entry into force
Article 1 - Subject and scope
2. This Regulation shall not apply to the carriage of goods by road by means of:
(a) goods road transport vehicles whose authorised weight or dimensions exceed the limits normally permitted in the Member States concerned;
(b) agricultural vehicles, military vehicles and vehicles belonging to central or local public administrations, with the exception of goods road transport vehicles belonging to public undertakings, and in particular railway undertakings.
Each Member State may exclude from the scope of this Regulation goods road transport vehicles whose load capacity or maximum permissible laden weight is lower than a certain limit. This limit may not exceed a load capacity of 3,5 tonnes or maximum permissible weight of 6 tonnes in the case of single motor vehicles.
Article 2 - Definitions
- 'carriage of goods by road`: all transport of goods by means of a goods road transport vehicle,
- 'road transport vehicle`: a road vehicle fitted with an engine whence it derives its sole means of propulsion, which is normally used for carrying persons or goods by road, or for drawing, on the road, vehicles used for the carriage of persons or goods,
- 'road vehicle for the transport of goods`: a road vehicle designed exclusively or primarily to carry goods (lorry, trailer, semi-trailer),
- 'goods road transport vehicle`: any single road transport vehicle (lorry), or combination of road vehicles, namely road train (lorry with trailer) or articulated vehicle (road tractor with semi-trailer), designed to carry goods,
- 'lorry`: a rigid road vehicle designed exclusively or primarily to carry goods,
- 'road tractor`: a road transport vehicle designed exclusively or primarily to haul other road vehicles which are not power-driven (mainly semi-trailers),
- 'trailer`: a road vehicle for transporting goods designed to be hauled by a road transport vehicle,
- 'semi-trailer`: a road vehicle for transporting goods with no front axle so designed that part of the vehicle and a substantial part of its loaded weight rest on the road tractor,
- 'articulated vehicle`: a road tractor coupled to a semi-trailer,
- 'road train`: a goods road transport vehicle coupled to a trailer.
This category also includes an articulated vehicle with a further trailer attached,
- 'registered`: the state of having been entered in a register of road transport vehicles, kept by an official body in a Member State, whether or not the registration is accompanied by the issue of a registration plate.
In the case of carriage by means of a combination of road transport vehicles, namely road train (lorry with trailer) or articulated vehicle (road tractor with semi-trailer), in which the goods road vehicle (lorry or road tractor) and the trailer or semi-trailer are registered in different countries, the complete vehicle shall be deemed to be registered in the country where the goods road vehicle is registered,
- 'load capacity`: maximum weight of goods declared permissible by the competent authority of the country of registration of the vehicle.
When the goods road transport vehicle is a train made up of a lorry with trailer, the load capacity of the train is the sum of the load capacities of the lorry and the trailer,
- 'maximum permissible weight`: total weight of the vehicle (or vehicle combination) when stationary and ready for the road and of the weight of the load declared permissible by the competent authority of the country of registration of the vehicle,
- 'Eurostat`: the Commission department responsible for carrying out the tasks incumbent on that institution in the field of production of Community statistics.
Article 3 - Data collection
(a) vehicle-related data;
(b) journey-related data;
(c) goods-related data.
2. The statistical variables in each area, their definition and the levels within the classification used for their breakdown are provided for in the Annexes.
3. When determining the method to be used for compiling statistical data, Member States shall refrain from carrying out any formalities at frontiers between Member States.
4. The data collection characteristics and the contents of the Annexes shall be adopted in accordance with the procedure laid down in Article 10.
Article 4 - Precision of results
Article 5 - Transmission of results to Eurostat
Such transmission shall, where appropriate, include data relating to previous quarters for which the data transmitted were provisional.
2. The arrangements for transmitting the data referred to in paragraph 1, including, if any, the statistical tables based on those data, shall be laid down in accordance with the procedure specified in Article 10.
3. The transmission shall take place within five months of the end of each quarterly period of observation.
The first transmission shall cover the first quarter of 1999.
4. During a transitional period from 1 January 1999 until a date laid down in accordance with paragraph 5, a Member State may use simplified coding for the variables listed in Annex A, part A2, sections 3, 4, 8 and 9, and in part A3, sections 5 and 6.
Such simplified coding shall consist of:
- for national transport: coding in accordance with Annex G,
- for international transport: a code for each country.
5. The date of expiry of the transitional period provided for in paragraph 4 shall be fixed, in accordance with the procedure laid down in Article 10, as soon as the technical conditions exist to enable an effective system of regional coding to be used for both national and international transport in accordance with Annex G, sections 1 and 2.
Article 6 - Dissemination of results
Article 7 - Reports
Member States shall also forward to Eurostat details of any substantial changes in the methods used to collect the data.
2. Member States shall provide Eurostat with information each year on sample sizes, non-response rates and, in the form of standard error or confidence intervals, the reliability of the main results.
3. After data have been collected over three years, the Commission shall send a report to the European Parliament and to the Council on experience acquired in the work carried out pursuant to this Regulation.
Article 8 - Financial contribution
2. The amount of the appropriations allocated to this measure each year shall be fixed as part of the annual budgetary procedure.
3. The budgetary authority shall determine the appropriations available for each year.
4. In the report provided for in Article 7(3), the Commission shall enumerate the use of Community funds allocated to this measure.
On the basis of the report provided for in Article 7(3), the Commission shall assess whether other financial contributions are necessary for an additional period of three years.
Article 9 - Implementing procedures
- adaptation of the data collection characteristics and of the contents of the Annexes,
- precision requirements,
- the arrangements for transmitting the data to Eurostat, including, if any, the statistical tables based on those data,
- dissemination of the results,
- setting of the expiry date of the transitional period provided for in Article 5(5) for transmission of the variables listed in Article 5(4).
Article 10 - Procedure
The Commission representative shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter in question. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is called upon to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.
The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be forthwith communicated by the Commission to the Council. In that case:
- the Commission shall defer application of the measures upon which it has decided for a period of three months from the date of communication,
- the Council, acting by a qualified majority, may take a different decision within the time limit referred to in the first indent.
Article 11 - Directive 78/546/EEC
2. Directive 78/546/EEC is hereby repealed with effect from 1 January 1999.
Article 12 - Entry into force
This Regulation shall be binding in its entirety and directly applicable in all Member States.