Regulation 1993/3118 - Conditions under which non-resident carriers may operate national road haulage services within a Member State - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 1993/3118
Original proposal	COM(1991)377
CELEX number i	31993R3118

Avis juridique important

|

Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State

Official Journal L 279 , 12/11/1993 P. 0001 - 0016

Finnish special edition: Chapter 7 Volume 5 P. 0021

Swedish special edition: Chapter 7 Volume 5 P. 0021

COUNCIL REGULATION (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State

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, pursuant to Article 75 (1) (b) of the Treaty, the establishment of a common transport policy entails, inter alia, laying down the conditions under which non-resident carriers may operate transport services within a Member State;

Whereas this provision implies the removal of all restrictions against the person providing the services in question on the grounds of his nationality or the fact that he is established in a different Member State from the one in which the service is to be provided;

Whereas, in order for this provision to be implemented smoothly and flexibly, provision should be made for a transitional cabotage system prior to the implementation of the definitive system;

Whereas only carriers who are holders of Community authorizations provided for in 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 through the territory of one or more Member States (4) or carriers authorized to operate certain categories of international haulage services may be permitted to carry out cabotage;

Whereas such a transitional system should entail the introduction of a progressive quota of Community cabotage authorizations;

Whereas the conditions for the issue and use of the said cabotage authorizations should be determined;

Whereas the provisions of the host Member State applicable to cabotage operations should be fixed;

Whereas provisions should be adopted so that action can be taken in the event of serious disturbance of the transport markets affected; whereas for that purpose it is necessary to introduce a suitable decision-making procedure and for the required statistical data to be collected;

Whereas it is desirable that Member States should grant each other mutual assistance with a view to the sound application on the system introduced; particularly in respect of penalties applicable in the event of infringements; whereas penalties should be non-discriminatory and in proportion to the seriousness of the infringements; whereas there is a need to provide for the possibility of lodging an appeal;

Whereas the Commission should periodically submit a report on the application of this Regulation;

Whereas in order to meet the obligations devolving upon the Council, it is necessary to fix the date of entry into force of a definitive system enabling cabotage operations to be effected without quantitative restrictions,

HAS ADOPTED THIS REGULATION:

Article 1

• 1. 

  Any road haulage carrier for hire or reward who is a holder of the Community authorization provided for in Regulation (EEC) No 881/92 shall be entitled, under the conditions laid down in this Regulation, to operate on a temporary basis national road haulage services for hire and reward in another Member State, hereinafter referred to respectively as 'cabotage' and as the 'host Member State', without having a registered office or other establishment therein.

• 2. 

  In addition, any carrier entitled in the...

This text has been adopted from EUR-Lex.

This page is also available in a full version containing the summary of legislation, the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and finally the related cases of the European Court of Justice.