31970R0293

90 Official Journal of the European Communities

20.2.70 Official Journal of the European Communities No L 40/ 1

REGULATION (EEC) No 293/70 OF THE COUNCIL

of 16 February 1970 amending Article 5 of Regulation (EEC) No 1174/68 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, competition in the case of special contracts at rates below the lower limits of the relevant tariffs ; Having . regard to the Treaty establishing the European Economic Community, and in particular Whereas there is therefore no reason for this Article 75 thereof; condition to apply in the case of such transport operations as may properly be the subject of special Having regard to the proposal from the Commission ; contracts at rates in excess of the maximum tariff rates ; whereas in such cases care must be taken to Having regard to the Opinion of the European Parliament1 prevent any abuse of a dominant position ;

Having regard to the Opinion of the Economic and Social Committee2 HAS ADOPTED THIS REGULATION : Whereas Article 5 ( 1 ) of Regulation (EEC) No 1174/683 provides that special contracts may be Sole Article concluded in writing at transport rates outside the upper or lower limits of the relevant tariff brackets only where circumstances exist which were not taken The following shall be substituted for the second into account at the time when the tariffs were fixed, subparagraph of Article 5 ( 1 ) of Regulation (EEC) No 1174/68 : and the tonnage to be carried under any such contract within any three-month period is not less than 500 metric tons ; 'The conclusion of such contracts shall be allowed subject to the following conditions : Whereas, because of the practical limitations on the extent to which tariffs can be diversified, it is not ( a) circumstances must exist which were not possible when fixing tariffs to take into account all taken into account at the time when the the circumstances likely to arise in road transport; tariffs were fixed, as, in particular, where whereas it may therefore happen that in the case of a special contract relates to transport certain relatively specialised types of transport operations having special technical features or operation, other than those exempted from the where the contract is made in response to the application of Regulation (EEC) No 1174/68 by requirements of competition or where it is virtue of Article 16, a situation arises in which rates entered into for a certain period; and within the upper limit of the relevant tariff would not cover the costs of carriage, while the tonnage ( b) (i) where the special contract provides for involved would be insufficient to allow of the transport rates above the upper limit of conclusion of a special contract at rates above that the relevant tariff bracket, such contract limit; must relate to transport operations the technical features of which entail costs Whereas the condition as to tonnage above referred significantly higher than the average costs to was laid down solely in order to avoid damaging within the meaning of Article 3 ( 1 ) on which the relevant tariff is based, as, in particular, where : 1 OJ No C 160, 18.12.1969, p . 5. 2 OJ No C 144, 8.11.1969, p. 11 . — the goods require special handling 3 OJ No L 194, 6.8.1968, p. 1 . during transit;

Official Journal of the European Communities 91

the vehicle has to be fitted with — the goods are of a dangerous or special equipment; offensive nature;

— the goods are such that they must be a special vehicle fitted with permanent delivered in a single large load or are special equipment has to be used ; of abnormal dimensions ; or

carriage has to be effected at a speed (ii) where the special contract provides for significantly slower than normal transport rates below the lower limit of traffic speed; the relevant tariff bracket, the tonnage to be carried under any such contract within the consignor requires particularly any three-month period must be not less rapid delivery of the goods ; than 500 metric tons .'

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

Done at Brussels, 16 February 1970.

For the Council The President Ch . HÉGER