31968R1174

Official Journal of the European Communities 411

6.8.68 Official Journal of the European Communities No L 194/ 1

REGULATION (EEC) No 1174/68 OF THE COUNCIL of 30 July 1968

on the introduction of a system of bracket tariffs for the carriage of goods by road between Member States

THE COUNCIL OF THE EUROPEAN COMMUNITIES , fixed by reference to a base-rate, set with due regard to the cost of the relevant transport operations and Having regard to the Treaty establishing the to the state of the market and in such a way as to European Economic Community, and in particular provide a fair return for carriers ; Article 75 thereof; Whereas the procedure whereby tariffs are to be Having regard to the proposal from the Commission ; fixed or amended by Member States should be laid down ; Having regard to the Opinion of the European Par­ liament ; Whereas the circumstances should be defined in which carriers may make special contracts providing for rates which depart from the bracket tariffs ; Having regard to the Opinion of the Economic and Social Committee ; Whereas in the event of disturbances on the transport market there should be provision for the conclusion Whereas the regulation of transport rates and con­ of special contracts to be subjected, for a specific ditions is an important aspect of the common period, to prior approval ; transport policy provided for under the Treaty; Whereas appropriate publication procedures should Whereas such regulation is to apply first to the be instituted for the bracket tariff system, both as carriage of goods by road between Member States ; regards tariff rates and as regards special contracts; whereas for this purpose there should accordingly whereas, to enable the competent authorities to ob­ be introduced in respect of such carriage a system tain adequate information as to the state of the mar­ of compulsory bracket tariffs, under which the com­ ket, provision should be made for the organisation of petent authorities lay down and publish tariffs the sample surveys of rates applied within the tariff brackets ; provisions of which will govern, subject to the exceptions and derogations provided for in this Regu­ lation, the fixing of transport rates and conditions ; Whereas to assist the Commission in implementing this Regulation it is necessary to set up an advisory committee composed of experts appointed by the Whereas, to enable the experience acquired to be Member States ; taken into account, the system introduced should apply until 31 December 1971 , with a provision for its extension for a further year in the event of the Whereas, to ensure that the Regulation is properly Council failing to decide by that date on the system applied, provision should be made for checks on to be applied subsequently ; compliance and for penalties ;

Whereas the tariff rules established by this Regu­ Whereas it is necessary to define the extent to which, lation will in no way affect the position or conditions having regard to the provisions of Article 232 ( 1 ) of remuneration of any providers of services ancil­ of the Treaty, this Regulation is to apply to transport lary to transport participating in transport oper­ operations covered by the Treaty establishing the ations ; European Coal and Steel Community;

Whereas tariffs must be drawn up in such a way as Whereas for economic and practical reasons the new to avoid both abuse of dominant positions and dam­ system need not be made to apply to certain types aging competition ; whereas such tariffs must be of carriage;

412 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : is the States on whose territories the goods are to be loaded or unloaded . Article 1 Each Member State shall bring such tariffs into force 1 . This Regulation shall apply to the carriage of within two months following the conclusion of ne­ goods by road between Member States of the Com­ gotiations for the fixing or amendment of tariffs munity, including operations involving transit across or, as the case may be, following the completion of a third country. the procedure referred to in paragraph 2 (b ).

2 . All transport operations falling within the terms 2. The Commission may participate in an advisory of paragraph 1 shall be subject to a system of com­ capacity in negotiations for the fixing or amendment pulsory bracket tariffs . of tariffs as provided for in paragraph 1 ; it may submit to the Member States directly concerned 3 . ' Compulsory tariffs' means a system of tariffs proposals designed to produce agreement. prescribed and published by the competent authori­ Member States shall supply the Commission with ties and governing, subject to the exceptions and the information necessary for this purpose . derogations provided for in this Regulation, the fixing of transport rates and conditions . ( a) If an agreement is reached between the Member States directly concerned it shall be notified forth­ Article 2 with to the Commission and to the other Member States . 1 . 'Bracket tariffs' within the meaning of Article 1 are tariffs laying down maximum and minimum Any Member State may ask the Commission to rates . The difference between these two rates consti­ examine such agreement. The Commission, act­ tutes the bracket spread . ing as soon as possible and after consulting the Committee of Experts provided for in Article 11 , may make a recommendation . 2 . The bracket spread shall be 23% of the maximum rate . (b) If the negotiations referred to in paragraph 1 do not result in agreement, or if the negotiations 3 . Rates for any given transport operation may be referred to in Article 15 do not result in agree­ freely determined within the upper and lower limits ment within the period laid down, the dispute of the relevant bracket tariff. may be referred to the Commission at the request of any of the Member States concerned. The Subject to the provisions of Article 5 , the conclusion Commission, acting as soon as possible and after of contracts at transport rates falling outside the consulting the Committee of Experts provided for upper or lower limits of the relevant tariff brackets in Article 11 , shall take a decision, which shall shall be prohibited . be notified to the Member States concerned and at the same time communicated to the other Article 3 Member States . 1 . Each tariff shall be drawn up by reference to a This decision shall take effect after the expiry base-rate, which shall be the middle . point of the of a period of twenty days unless before the bracket . expiry of that period the matter is referred to the Council by a Member State. The base-rate shall be fixed having regard both to the average cost of the transport operation con­ In such a case, the Council shall give its decision cerned, including the general expenses of the business, by a qualified majority within twenty days . for . a properly managed undertaking enjoying nor­ mal conditions of use of its carrying capacity, and (c) Decisions by the Council or the Commission to market conditions, and shall be such as to provide referred to in (b) above shall remain in force a fair return for carriers . until such time as an agreement is concluded between the Member States concerned or until 2. Tariffs may vary according to the circumstances any further decision by the Council or the Com­ mission in accordance with the procedure laid of the service provided, and in particular according down in this Article. to the technical and economic characteristics of the operation in question, the route concerned, the length of the transit period, the tonnage conditions, and the 3 . Tariffs shall be communicated by Member States type of goods carried . to the Commission .

Article 4 Article 5 1 . Tariffs shall be fixed or amended by agreement 1 . By way of derogation from Article 2 (3 ), special between the Member States directly concerned, that contracts may be concluded in writing between a

Official Journal of the European Communities 413

carrier and another party at transport rates outside hide is registered shall inform the other Member the upper or lower limits of the relevant tariff States and the Commission of any measures taken . brackets . The conclusion of such contracts shall be allowed 6. In the event of any disturbance on the transport market in respect of the carriage of certain products subject to the following conditions : over certain routes, the conclusion of special con­ — circumstances must exist which were not taken tracts may, for a specific period, be made subject to into account at the time when the tariffs were prior approval by the competent authorities of the fixed, as, in particular, where a special contract Member States directly concerned, that is the States is made in response to the requirements of com­ where the goods are to be loaded and unloaded . petition or where it is entered into for a certain In such cases the carrier may not carry out the period ; and transport operation concerned until he has received — the tonnage to be carried under any such con­ authorisation from the competent authorities of the tract within any three-month period must be not Member State where the goods are to be loaded , after less than 500 metric tons . they have received the consent of the competent authorities of the Member State where the goods are Special contracts must in all cases be such as to to be unloaded . maintain or increase the carrier's trading returns .

7. Such procedure shall be brought into operation 2 . On concluding any special contract the carrier one month after a request from any Member State shall forthwith communicate the terms thereof to directly concerned, provided the other Member State the competent authorities of the Member State of directly concerned accedes thereto . Any Member origin, that is the State where his vehicles are regis­ State may ask the Commission to examine the pro­ tered, or, if this is not the State where the goods are cedure. The Commission, acting as soon as possible to be loaded or unloaded, then the State on whose and after consulting the Committee of Experts pro­ territory the goods are to be loaded. vided for in Article 11 , may make a recommen­ dation . When communicating the terms of the contract the carrier shall attach all particulars supporting the If the other Member State directly concerned does conclusion of the contract and the rates agreed. not accede to the request, the procedure shall come into operation only after a decision by the Council, 3 . Those authorities shall send copies of all the acting by a qualified majority on a proposal sub­ relevant documents to the competent authorities of mitted by the Commission after hearing the opinion the Member States concerned, that is the Member of the Committee of Experts provided for in Ar­ States of registration of the vehicles and the States ticle 11 . where the goods are to be loaded and unloaded. 8 . The market shall be considered disturbed, where, 4. The authorities referred to in paragraphs 2 and 3 in particular, the average level of rates applied over shall, using the information contained in the docu­ a given period is not sufficient for a properly man­ ments submitted, institute all investigations and in­ aged transport undertaking enjoying normal con­ quiries they consider desirable in order to check that ditions of use of its carrying capacity to operate at a the parties to the contract have complied with the profit. provisions of this Regulation . Article 6 5 . If as a result of these investigations it is found Bracket tariffs shall be officially published in the that there has been any breach of the provisions of Member States concerned. The particulars published this Regulation : shall include the dates of their entry into force . Only — the competent authorities of the Member States the maximum rate for each bracket need be published may require that during a prescribed period those carriers whose vehicles are registered on their ter­ Article 7 ritory shall not perform any special contract without prior authorisation as provided for in Transport rates and conditions which, in accordance the second subparagraph of paragraph 6 ; with the provisions of Article 5, depart from the published tariffs shall be communicated by the com­ — the competent authorities of the Member States petent authorities to the bodies referred to in Ar­ concerned may, in addition to the steps which ticle 8 . they may take in accordance with their own re­ gulations, request the competent authorities of Article 8 the State where any vehicle concerned is regis­ tered to apply the measures referred to in the 1 . Each Member State shall designate or set up a preceding subparagraph. The State where the ve­ body or bodies to be responsible for the publi­

414 Official Journal of the European Communities

cation of the transport rates and conditions referred Article 11 to in Article 7. 1 . A Committee of Experts is hereby attached to the Commission for the purpose of assisting in the 2. Each such body shall publish forthwith the fol­ implementation of this Regulation and of the pro­ lowing particulars of all special contracts notified to visions adopted for its application . it relating to any transport operation whose loading point is situated within the area for which it is The Committee shall consist of not more than two responsible : government experts appointed by each Member State and shall have a representative of the Commission — name of carrier; as Chairman .

— route or routes concerned ; The Committee shall be convened by the Chairman, — type of goods ; either on his own initiative or at the request of a Member State. At least eight days' notice shall be — tonnage ; given of meetings and such notice shall include de­ tails of the agenda. Less than eight days' notice may — rates agreed; be given in cases of urgency. — date on which the contract was made; 2. In any case expressly provided for in this Regu­ — duration of contract ; lation, the Committee shall when so requested by the — principal special conditions . Commission give an advisory opinion. Any such opinion of the Committee must state the reasons In addition each such body shall at the end of each on which it is based and be given within a time limit month draw up and publish a return, broken down fixed by its Chairman. Opinions shall be adopted by by class of goods and route, of all contracts pro­ a qualified majority within the meaning of the first viding for the loading or unloading of goods within subparagraph and second subparagraph, first indent, its area . of Article 148 (2) of the Treaty. The Chairman shall not vote . These returns shall be sent immediately to the Com­ mission, which shall forward them to the competent authorities of the Member States. Every six months 3 . Every six months the Committee shall draw up the Commission shall draw up a report on the basis a report on market trends. of the afore-mentioned returns . 4. The Committee shall be given all such infor­ mation as it may need to carry out the tasks laid Article 9 upon it. It shall automatically receive from the Com­ Detailed rules for giving effect to Articles 7 and 8 mission the returns of contracts published pursuant to Article 8 by the bodies responsible for publication . shall be adopted by the Commission, after hearing the opinion of the Committee of Experts provided By way of derogation from Article 15 (2) of Regu­ for in Article 11 , within six months following the lation No ll 1 on the abolition of discrimination in entry into force of this Regulation . . transport rates and conditions, adopted in implemen­ tation of Article 79 (3 ) of the Treaty establishing Article 10 the European Economic Community, the Committee shall also be entitled to have access to information 1 . To enable the competent authorities to obtain collected in pursuance of that Regulation. adequate information as to the state of the market, sample surveys shall be made of rates applied within the tariff brackets . Article 12 Such surveys shall concern the rates charged for the 1 . Member States shall, in good time and after con­ carriage of certain types of goods on major routes. sulting the Committee, adopt such laws, regulations or administrative provisions as may be necessary The results of the surveys shall not be published. for the implementation of this Regulation . They shall, however, be sent to the competent auth­ orities of the Member States concerned and to the Such measures shall cover, inter alia, the organi­ Commission, so as to enable them to carry out their sation of, procedure for and means of carrying out, task of supervising the market. checks on compliance and the penalties applicable in case of breach . 2. The Council, acting by a qualified majority on a proposal submitted by the Commission after hear­ 2 . The Commission, if so requested by a Member ing the opinion of the Committee of Experts pro­ State or if it considers it appropriate, shall consult vided for in Article 11 , shall lay down, in so far as may be necessary, the programme of such surveys and the details for carrying them out. 1 OJ No 52, 16.8.1960, p. 1121 .

Official Journal of the European Communities 415

with the Member States concerned upon the pro­ Negotiations for the fixing of such tariffs must be posed terms of measures as referred to in paragraph 1 . completed not later than ten months after the entry into force of this Regulation . 3 . Member States shall assist each other in applying the provisions of this Regulation and in checking Article 16 compliance therewith. This Regulation shall not apply : 4. If the competent authorities of a Member State ( a) to the carriage of goods not exceeding five metric are aware of a breach of the provisions of this Regu­ tons in total weight consigned by a single con­ lation, they shall report it to the other Member signor to a single consignee; States directly concerned. The competent authorities shall notify each other of all information in their (b) to the carriage of goods over a distance which possession concerning the penalties imposed for such in total does not exceed fifty kilometres ; breaches . (c) to the types of carriage listed in Annexes I and Article 13 II to the First Council Directive1 on the establish­ ment of certain common rules for international All information obtained in implementation of this transport (carriage of goods by road for hire or Regulation shall be covered by the obligation of reward ); professional secrecy, unless its publication is expressly provided for by the Regulation ; (d) to carriage involving the use of special vehicles or special traffic arrangements.

Article 14 Article 17 The provisions of this Regulation shall apply to transport operations covered by the Treaty estab­ This Regulation shall remain in force until 31 De­ lishing the European Coal and Steel Community, in so cember 1971 and then, in the event of the Council far as that Treaty or the provisions implementing it not having decided before 31 December 1971 on the do not contain special provisions in that respect. system to be applied thereafter, for a further period of one year.

Article IS Article 18 Tariffs shall be fixed in accordance with the pro­ cedures laid down in Article 4 not later than one year This Regulation shall enter into force on 1 Septem­ ber 1968 . after the entry into force of this Regulation.

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

Done at Brussels, 30 July 1968 .

For the Council

The President

G. MEDICI

1 OJ No 70, 6.8.1962, p. 2005.