31994Y1105(03)

COUNCIL RESOLUTION of 24 October 1994 on road freight transport in the Single European Market (94/C 309/03)

THE COUNCIL OF THE EUROPEAN UNION,

WELCOMES the report entitled 'Road freight transport in the Single European Market', which was submitted in July 1994 by the Committee of Enquiry set up by the Commission,

NOTES that, while the report recognizes the increasingly dominant and vital role that road freight transport has come to play in support of the industrial and retail sectors, it identifies some adjustment problems which its development in the Single Market has caused in recent years for the road haulage sector itself and problems for the general public caused by inadequate enforcement of existing rules,

NOTES the fact that the report's comprehensive analysis of, and solutions to, the problems, especially with regard to permanently workable competition safety and environmental protection, are positive,

AGREES to the following points:

- the internal market in the road freight transport sector should be further completed, particularly as far as the removal of quantitative restrictions on market access and of price regulations is concerned,

- a liberalized internal market requires harmonization of the conditions essential for fair competition and their more or less uniform application and enforcement. In this context, the principle of subsidiarity must be preserved,

NOTES the conclusions on State aids of the abovementioned report,

STRESSES that in the interest of fair competition between the various modes of transport and within the road transport sector, it is desirable to move in the medium term towards ensuring that as far as possible all modes of transport are charged the costs they cause based on the principle of territoriality,

UNDERLINES the importance of a consistent and uniform application and enforcement of all regulations in the road haulage sector, including those on safety, environment and social conditions, and if necessary their modernization and simplification,

CONSIDERS that it is necessary to apply rigorously - for the stabilization of the road haulage sector and for the protection of the general public - the requirements for access to the profession so that a satisfactory level is achieved in the European Union, and, in so doing, avoid imposing arbitrary barriers to market access in the process,

INVITES the Commission:

- with regard to the scope of the measures necessary in individual areas relating to access to the profession to draw up a comparative study on the requirements in the individual Member States; this study should in particular:

- analyse the requirements for professional competence to take account, in training and examinations, of developments with regard to the management of modern transport undertakings,

- analyse the minimum requirements for financial capacity in order to establish whether or not they are still appropriate,

- to examine, in accordance with the Council resolution of 16 June 1994 (1), ways of improving cooperation among administrations which are appropriate for identifying and prosecuting infringements of the social regulations more effectively,

- to produce a report on regulations in force in the Member States relating to the training of long-distance drivers of heavy goods vehicles, including drivers of vehicles carrying dangerous substances, and to formulate, where appropriate, proposals for compulsory initial training and appropriate continuing training,

- to bring forward at an early date its promised proposal on the leasing and hiring of commercial vehicles,

CALLS UPON the Member States to do everything within their power - including the use of state-of-the-art technology - in order to prevent infringements of road freight transport regulations,

ANNOUNCES ITS INTENTION:

- gradually to develop transport relations between the European Community and third countries provided that an adequate level of harmonization of conditions of competition is being achieved between the parties involved,

- immediately to start discussions on the Commission proposal (2) amending Regulation (EEC) No 3821/85 (3) and Council Directive 88/599/EEC of 23 November 1988 on standard checking procedures for the implementation of Regulation (EEC) No 3820/85 on the harmonization of certain social legislation relating to road transport and Regulation (EEC) No 3821/85 on recording equipment in road transport (4) and to come to a decision as soon as possible,

NOTES that the Commission will follow up its communication of 20 March 1992 concerning the introduction of time other than driving time into Regulations (EEC) No 3820/85 (5) and (EEC) No 3821/85 on, inter alia, driving and rest periods in the road transport sector and that it might present, if necessary, appropriate proposals.

Done at Luxembourg, 24 October 1994.

For the Council

The President

J. BORCHERT

(1) OJ No C 179, 1. 7. 1994, p. 1.

(2) OJ No C 243, 31. 8. 1984, p. 8.

(3) OJ No L 370, 31. 12. 1985, p. 8. Regulation as last amended by Regulation (EEC) No 3688/92 (OJ No L 374, 22. 12. 1992, p. 12).

(4) OJ No L 325, 29. 11. 1988, p. 55. Directive as last amended by the Protocol Adjusting the EEA Agreement (OJ No L 1, 3. 1. 1994, p. 572).

(5) OJ No L 370, 31. 12. 1985, p. 1. Regulation as amended by the Protocol Adjusting the EEA Agreement (OJ No L 1, 3. 1. 1994, p. 572).