31969R0358

Official Journal of the European Communities 67

4.3.69 Official Journal of the European Communities No L 53/1

REGULATION (EEC) No 358/69 OF THE COMMISSION

of 26 February 1969 laying down detailed rules for the publication of transport rates and conditions which depart from published tariffs, in implementation of Article 9 of Council Regulation (EEC) No 1174/68 of 30 July 1968 on the introduction of a system of bracket tariffs for the carriage of goods by road between Member States

THE COMMISSION OF THE EUROPEAN COM­ publication and to specify the form which the two MUNITIES, stages of publication should take;

Having regard tc the Treaty establishing the Whereas, although Regulation (EEC) No 1174/68 European Economic Community ; lays down no criteria for the designation by Member States of the bodies responsible for publication in Having regard to Council Regulation (EEC) No their territories, it is nonetheless essential, if effective 1174/681 of 30 July 1968 on the introduction of a publication is to be ensured, that the number and system of bracket tariffs for the carriage of goods by location of those bodies, and the territorial areas for road between Member States, and in particular which they are to be responsible, should be Article 9 thereof; appropriate to the respective forms of publication at each of the two stages provided for; Having regard to the opinion expressed at its meeting of 12 February 1969 by the Committee of Experts set Whereas, in view of the experimental nature of the up in accordance with Article 11 of Regulation (EEC) tariff system introduced by Regulation (EEC) No No 1174/68 ; 1174/68, it appears sufficient that only one of the two forms of publication should be the subject of Whereas Regulation (EEC) No 1174/68 makes wide distribution; whereas since monthly publication applies to carriage both from and to a Member State, transport rates and conditions which depart from published bracket tariffs subject to a system of it seems appropriate that such publication should publication ; whereas that Regulation sets out the have the wider scope; whereas therefore publication general principles of the system, the Commission at the first stage may be effected by means of public being instructed to adopt the relevant detailed notices ; whereas in these circumstances monthly implementing rules ; publication will need to be relatively comprehensive ;

Whereas the said Regulation provides that HAS ADOPTED THIS REGULATION : publication shall be the responsibility of bodies specially designated or set up for the purpose by each Article 1 Member State : whereas it provides for two stages of publication : immediate publication in the Member The body or bodies responsible, pursuant to Article 8 State of dispatch and monthly publication both in the ( 1) of Council Regulation (EEC) No 1174/68 of 30 Member State of dispatch and in the Member State of July 1968, for publishing transport rates and destination ; conditions which depart from the published bracket tariffs shall be designated or set up by each Member Whereas, in order that publication may be carried State having regard to its geographic and economic out uniformly, the main aim of the provisions to be structure and to the forms laid down by this adopted by the Commission must be to lay down Regulation for the two types of publication provided procedures for the communication as between the for in the first and second subparagraphs respectively various parties concerned of the particulars for of Article 8 (2 ) of Regulation (EEC) No 1174/68 .

Member States shall at the same time define the territorial area for which each such body is to be 1 OJ No L 194, 6.8.1968, p. 1 . responsible.

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Article 2 The competent authorities of Member States in which goods are loaded or unloaded shall, in good 1 . Communication of the rates and conditions of time to allow publication within the time limits fixed in Article 4 ( 1 ) of this Regulation, send all the transport referred to in Article 7 of Regulation (EEC) No 1174/68 shall be effected in accordance with the relevant particulars to the body or bodies referred to provisions of paragraphs 2 and 3 of this Article. in Article 1 responsible in their respective territories for the publication of monthly returns.

2. The competent authorities shall communicate the information required for publication as laid down Article 3 in the first subparagraph of Article 8 (2) of Regulation (EEC) No 1174/68 as soon as possible 1 . The bodies referred to in Article 1 shall effect after being sent the terms of the special contract by the immediate publication required under the first the carrier in accordance with Article 5 (2) of that subparagraph of Article 8 (2) of Regulation (EEC) Regulation. Such communication shall be effected in No 1174/68 in respect of special contracts relating to accordance with the following provisions : consignments whose point of loading is situated ( a) where the carrier has submitted the special con­ within their respective areas by displaying, in a place tract to the competent authorities of the State on appointed for that purpose freely accessible to the whose territory the goods are to be loaded, the public, notices showing the eight particulars listed in latter shall communicate the particulars for the said Article 8 (2), and so drawn that the publication to the body responsible for publi­ information contained therein is readily available to all . cation in the area where the loading point is situated; To this end, the particulars relating to each special contract shall be listed by country of destination and, (b) where the carrier has submitted the special for each country, by class of goods within the contract to the competent authorities of the State on whose territory the goods are to be meaning of Article 4 (4) of this Regulation, and in chronological order. unloaded, the latter shall communicate the particulars for publication to the competent authorities of the State on whose territory the 2. The eight particulars to be published in respect goods are to be loaded, either by sending copies of each special contract shall be as follows : of the relevant documents as provided for in ( a) name and address of carrier ; Article 5 (3 ) of Regulation (EEC) No 1174/68 , or by sending an abstract of the contract containing (b ) the route or routes concerned, by reference to the the relevant information ; the last-mentioned loading and unloading points ; competent authorities shall forthwith communi­ cate the particulars for publication to the body (c) type of goods, according to their tariff responsible for publication in the area where the classification ; loading point is situated. ( d) tonnage ; (e) rates agreed; By way of derogation from the provisions of the preceding subparagraph, where any special contract (f) date on which the contract was made ; is subject to prior authorization as provided for in Article 5 (5 ) and (6) of Regulation (EEC) No (g) duration of contract, specifying the dates between 1174/68 , the relevant particulars shall be which carriage must take place; communicated to the appropriate body in accordance (h) principal special conditions, and in particular with (a) of the preceding subparagraph at the same those bearing on the level of rates agreed. time as the carrier is notified of the authorisation by the competent authorities of the State on whose territory the goods are to be loaded . 3 . Particulars published in accordance with the provisions of paragraphs 1 and 2 shall remain on display until the end of the second month following 3 . At the end of each month the competent that of publication . authorities of each State on whose territory goods are loaded shall send to the competent authorities of the States on whose territories the goods are to be Article 4 unloaded the information required for drawing "up, in respect of the special contracts details of which were published in its territory pursuant to Article 3 in the 1 . The monthly returns of special contracts course of that month, the monthly returns referred to provided for in the second subparagraph of Article 8 in Article 4 . (2) of Regulation (EEC) No 1174/68 shall be

Official Journal of the European Communities 69

published not later than the last day of each month 0 - Agricultural and forestry products, live animals; in an official publication designated for that purpose 1 - Other foodstuffs, whether for human or animal by each Member State. consumption ; 2 - Solid mineral fuels; 2 . Each monthly return shall give particulars, listing separately consignments dispatched from 3 - Petroleum and petroleum products ; national territory and those dispatched to national territory, of all special contracts details of which were 4 - Metalliferous ores and metal scrap ; published pursuant to Article 3 in the course of the 5 - Products of iron, steel and other metals ; preceding calendar month by the relevant domestic or foreign bodies within whose areas the loading 6 - Non-metallic minerals, processed or unprocessed, points were situated. and building materials ; 7 - Fertilisers ; 3 . Monthly returns shall give in respect of each 8 - Chemicals and chemical products ; special contract the particulars referred to in Article 3 (2), with the exception of the name and address of 9 - Machines, vehicles, manufactured articles, special the carrier and the date on which the contract was items . made . Article 5 4. In each monthly return special contracts shall be classified, according to areas, by reference to the Member States shall in good time, after consulting bodies in the State of loading and in the State of the Commission , adopt the necessary provisions for unloading responsible for publication pursuant to the implementation of this Regulation . Article 3 . Within that classification contracts shall be grouped by route. Article 6 For each route special contracts shall be grouped by class of goods in accordance with the following The period of validity of this Regulation shall be the classification : same as that of Regulation (EEC) No 1174/68 .

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

Done at Brussels, 26 February 1969 .

For the Commission The President

Jean REY