31974R3255

28 . 12 . 74 Official Journal of the European Communities No L 349/3

REGULATION ( EEC) No 3255 / 74 OF THE COUNCIL of 19 December 1974 extending and amending 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 transparent ; whereas such simplification must, COMMUNITIES , however, be counterbalanced by making it possible for the Commission to obtain all the information it Having regard to the Treaty establishing the European considers necessary or relevant regarding such Economic Community, and in particular Article 75 contracts ; thereof ; Having regard to the proposal from the Commission ; Whereas carriage of live animals should not be subject to this system ; whereas prices for such carriage are Having regard to the Opinion of the European Parlia­ fixed according to specific rules, ment (') ; Having regard to the Opinion of the Economic and Social Committee (2 ) ; HAS ADOPTED THIS REGULATION Whereas by virtue of its Article 17 , Council Regula­ tion ( EEC) No 11 74/ 68 (3 ) of 30 July 1968 on the Article 1 introduction of a system of bracket tariffs for the carriage of goods by road between Member States , as 1 . The period of validity of Council Regulation last amended by Regulation ( EEC) No 2826 /72 (4 ), is ( EEC) No 1 174/ 68 , as last amended by Council Regu­ valid until 31 December 1974 and may be extended lation ( EEC) No 2826/ 72 , is hereby extended until 31 for a period of one year in the event of the Council December 1 975 . failing to decide by that date on the tariff system to be applied subsequently ; 2 . By way of an exception and in so far as the tariffs in question have not yet been fixed , the provi­ Whereas the Commission , in its communication to sions of the abovementioned Regulation , as amended the Council of 25 October 1973 concerning the deve­ by this Regulation , shall not apply during the exten­ lopment of the common transport policy , envisaged sion period laid down in paragraph 1 above to the reviewing the tariff system for the carriage of goods by carriage of goods for which all or part of the itinerary road ; whereas this communication was the subject of followed by the road vehicle is by sea . a resolution adopted by the European Parliament on 25 September 1974 and has not yet been fully examined by the Council ; whereas in the meantime Article 2 the tariff system established by Regulation ( EEC) No 1174/ 68 should be extended for one year ; Regulation ( EEC ) No 1174/ 68 shall be amended as follows : Whereas the system in force is of an experimental and provisional nature ; whereas significant difficulties 1 . The following paragraph shall be added to Article have been encountered in applying the provisions of 5 : the above Regulation to journeys involving the embar­ ' 9 . Member States shall send to the Commission kation of a road vehicle onto a seagoing vessel for all a copy of any special contract requested by it, or part of its journey ; whereas, in view of these diffi­ together with the supporting evidence relating culties and in so far as the tariffs in question have not thereto and any other information the Commission been fixed , it seems justifiable to make an exception considers necessary or useful for the purpose of and not to apply the provisions of the Regulation to checking measures taken .' such transport for the extension period laid down by this Regulation . 2 . The first part of Article 8 (2 ) should read as Whereas, in the light of experience , the system of follows : publicizing special contracts must be improved and ' Each such body shall make available to the parties greatly simplified ; whereas monthly returns have concerned the particulars of all special contracts proved too cumbersome and have not had the desired notified to it relating to any transport operation effect of rendering the contracts in question more whose loading point is situated within the area for which it is responsible (') OJ No C 85 , 18 . 7. 1974, p. 4. (-') OJ No C 109 , 19 . 9 . 1974, p. 48 . ( 3 ) OJ No L 194, 6 . 8 . 1968 , p. 1 . 3 . The second and third subparagraph of Article 8 ( 2) (■>) OJ No L 298 , 31 . 12 . 1972, p . 12 . shall be deleted .

No L 349 /4 Official Journal of the European Communities 28 . 12 . 74

4. The second sentence of the first subparagraph of 6 . Article 1 6 shall be supplemented by a point (e) Article 1 1 (4) shall be deleted . worded as follows :

5 . Article 1 6 (c) shall be worded as follows : '(e) to the carriage of live animals.' '(c) to the types of carriage listed in Annexes I and II to the First Council Directive (') on the esta­ blishment of certain common rules for interna­ Art i tie 3 tional transport (carriage of goods by road for hire or reward), as last amended by the Direc­ tive of 4 March 1 974 (2),' This Regulation shall enter into force on 1 January '(2 ) OJ No L 84, 28 . 3 . 1974, p. 8 .' 1 97.5 .

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

Done at Brussels , 19 December 1974 .

For the Co unciI

The President

J. P. FOURCADE