Annexes to COM(2006)432 - Elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (codified version)

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Annex II.



ANNEX I

PART 1

COMMUNITY LAW

Section 1

Directives

(a)Article 6(4) of Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (1), which provides that vehicles may be subject, as regards common standards on weights, to random checks and, as regards common standards on dimensions, only to checks where there is a suspicion of non-compliance with its provisions;

(b)Article 3(2) of Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers (2), which provides that each Member State shall recognise the proof issued in another Member State showing that a vehicle has passed a roadworthiness test; this act of recognition implies that a verification by national authorities may be made anywhere within their territories;

(c)Article 2(2) of Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road (3), which lays down that proof of compliance with the Directive is provided by a number of documents which must be on board the hired vehicle, viz., the contract of hire and the driver's employment contract;

(d)Article 3(3), (4) and (5) of Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licences for inland waterway vessels (4), which provides that the navigability licence, certificates or authorisations must be produced on demand by national authorities;

(e)Article 17(1) of Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels (5), which provides that Member States may at any time check that a vessel is carrying a certificate valid under the terms of the Directive.

Section 2

Regulations

(a)Articles 14 and 15 of Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (6), which entitle any authorised inspection officer to verify and control the transport ticket, authorisation or control document provided for in the Regulation;

(b)Article 18 of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport (7), which entitles Member States to adopt measures which cover, inter alia, the organisation of, procedure for and means of a control system to ensure that the provisions of the Regulation have been complied with;

(c)Article 19 of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (8) which entitles Member States to adopt measures which cover, inter alia, the organisation of, procedure for, and means of carrying out, checks on whether the equipment complies with the provisions of the Regulation;

(d)Article 5(4) of 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 (9), which provides that a certified true copy of the Community authorisation shall be kept in the vehicle and must be produced whenever required by an authorised inspecting officer.

PART 2

NATIONAL LAW

(a)Controls on the driving licences of persons driving vehicles for the carriage of goods and persons;

(b)Controls relating to the means of transport for dangerous goods and in particular:

(i)Documents

Driver's training certificate,

Safety instructions,

Approval certificate (ADR or equivalent standards),

Copy of the derogation, if applicable (ADR or equivalent standards);

(ii)Identification of the vehicle carrying the dangerous goods

Orange panel,

compliance,

placing on the vehicle,

Danger label on the vehicle,

compliance,

placing on the vehicle,

Tank identification plate (for fixed, demountable or container tanks),

presence and legibility,

date of last inspection,

stamp of inspecting body;

(iii)Vehicle equipment (ADR or equivalent standards)

Additional fire extinguisher,

Special equipment;

(iv)Vehicle loading

Overload (according to tank capacity),

Securing of packages,

Prohibition of mixed loading;

(c)Controls relating to the means of transport for perishable foodstuffs and in particular:

(i)Documents

Certificate of compliance for the equipment;

(ii)Special equipment used for the carriage of perishable foodstuffs

Compliance plate,

Identification marks;

(iii)Operation of special equipment

Temperature conditions.



(1) OJ L 235, 17.9.1996, p. 59.

(2) OJ L 46, 17.2.1997, p. 1.

(3) OJ L 33, 4.2.2006, p. 82.

(4) OJ L 21, 29.1.1976, p. 10.

(5) OJ L 301, 28.10.1982, p. 1.

(6) OJ L 74, 20.3.1992, p. 1.

(7) OJ L 102, 11.4.2006, p. 1.

(8) OJ L 370, 31.12.1985, p. 8.

(9) OJ L 95, 9.4.1992, p. 1.



ANNEX II

REPEALED REGULATION WITH ITS AMENDMENT

(referred to in Article 5)

Council Regulation (EEC) No 4060/89(OJ L 390, 30.12.1989, p. 18).
Council Regulation (EEC) No 3356/91(OJ L 318, 20.11.1991, p. 1).



ANNEX III

CORRELATION TABLE

Regulation (EEC) No 4060/89This Regulation
Article 1Article 1
Article 2Article 2
Article 3Article 3
Article 3aArticle 4
Article 4Article 6
Article 5
Annex Part 1, Directives (a)Annex I, Part 1, Section 1(a)
Annex, Part 1, Directives (b)Annex I, Part 1, Section 1(b)
Annex, Part 1, Directives (c)Annex I, Part 1, Section 1(c)
Annex, Part 1, Directives (d)
Annex, Part 1, Directives (e)Annex I, Part 1, Section 1(d)
Annex, Part 1, Directives (f)Annex I, Part 1, Section 1(e)
Annex, Part 1, Regulations (a)Annex I, Part 1, Section 2(a)
Annex, Part 1, Regulations (b)
Annex, Part 1, Regulations (c)
Annex, Part 1, Regulations (d)Annex I, Part 1, Section 2(b)
Annex, Part 1, Regulations (e)Annex I, Part 1, Section 2(c)
Annex, Part 1, Regulations (f)Annex I, Part 1, Section 2(d)
Annex, Part 2Annex I, Part 2
Annex II
Annex III