Goods: Non-resident carriers in the national market

This Regulation lays down the rules for inland cabotage. It consolidates the internal market for the transport of goods by road by removing restrictions on carriers in the European Union (EU).

ACT

Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State [See amending acts].

SUMMARY

Community carriers holding a Community authorisation are permitted to carry out road haulage operations in other Member States without being based or established there. If the driver is a national of a non-member country, he/she must carry a driver attestation.

Such operations, known as cabotage, are exempt from any quantity restrictions on market access.

Carriers who so wish may obtain a cabotage authorisation by applying to the Member State in which the haulage business is established. The authorisation can be used for one vehicle only.

In principle, cabotage operations are covered by national legislation in the following areas:

• the prices and conditions governing the transport contract;
• standards relating to weights and measures;
• requirements relating to the carriage of certain categories of goods;
• driving and rest time for drivers;
• VAT on transport services.

The host Member State must, however, when applying its national provisions, take account of the proportionality principle.

In the event of a market disturbance arising from cabotage operations, the Commission may take any necessary safeguard measures. It takes any such measures after examining the situation and collecting relevant data for monitoring market developments.

The Regulation also lays down the conditions under which the Member States must assist one another in implementing it.

Background

The cabotage regime has applied fully since 30 June 1998. It was phased in over the period 1 January 1994 to 30 June 1998.

RELATED ACTS

Commission Regulation (EC) No 792/94 of 8 April 1994 laying down detailed rules for the application of Council Regulation (EEC) No 3118/93 to road haulage operators on own account [Official Journal L 92, 9.4.1994]. This Regulation lays down detailed rules for applying Article 1(4) of Regulation (EEC) No 3118/93 with regard to the issuing of cabotage authorisations and their recognition by the Member States.

Commission report of 4 February 1998 on the implementation of Regulation (EEC) No 3118/93 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (cabotage) [COM(98) 47 final - not published in the Official Journal]. The report took stock of cabotage activities between 1990 and 1995. The statistics were calculated solely for "hire or reward" carriers.

Commission report of 28 February 2000 on the implementation of Regulation (EEC) No 3118/93 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (cabotage) [COM(2000) 105 final - not published in the Official Journal]. The report covered the use of cabotage authorisations up to the end of June 1998, the date on which quantitative restrictions on cabotage were lifted. The geographical scope of the cabotage regime remains that of the European Economic Area (EEA) and the abolition of quantitative restrictions applies to the EEA as a whole. Austria joined the cabotage regime in January 1997.

Last updated: 07.02.2008