DECISION OF THE EEA JOINT COMMITTEE No 60/95 of 18 July 1995 amending Annex XIII (Transport) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as the Agreement, and in particular Article 98 thereof,

Whereas Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 20/94 of 28 October 1994 (1);

Whereas Council Regulation (EC) No 3315/94 of 22 December 1994 amending Regulation (EEC) No 3118/93 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (2), is to be incorporated into the Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The following shall be added in point 26c (Council Regulation (EEC) No 3118/93) of Annex XIII to the Agreement before the adaptation:

', as amended by:

- 394 R 3315: Council Regulation (EC) No 3315/94 of 22 December 1994 (OJ No L 350, 31. 12. 1994, p. 9)`.

Article 2

In point 26c (Council Regulation (EEC) No 3118/93), adaptations (a) to (j) shall be replaced by the following:

'(a) This Regulation shall not apply in 1995 and 1996 to undertakings established in Austria, nor shall it apply in connection with carriage of goods within Austrian territory.

(b) The following shall be added to Article 2:

"The annual cabotage quota for Iceland, Liechtenstein and Norway shall consist of 560 authorizations each valid for two months; it shall be increased annually by 30 % starting on 1 January 1996.

This quota shall be allocated among Iceland, Liechtenstein and Norway as follows:

>TABLE>

The quota for Liechtenstein for 1995 shall be eight twelfths of the total annual quota for 1995 reflecting the number of calendar months remaining in 1995 after the entry into force of the EEA Agreement for Liechtenstein on 1 May 1995.

The Community shall obtain 521 supplementary cabotage authorizations, each valid for two months; this number of authorizations shall be increased annually by 30 % starting on 1 January 1996.

The Community cabotage authorizations shall be allocated amongst EC Member States as follows:

>TABLE>

(c) In Article 3 (2), "Commission" shall read "EC Commission". Regarding Iceland, Liechtenstein and Norway, the EC Commission shall forward the cabotage authorizations to the EFTA Standing Committee which shall distribute them to the relevant States of establishment.

(d) In the cases referred to in Articles 5 and 11, regarding EFTA States, "Commission" shall read "EFTA Standing Committee".

The Summary statements referred to in Article 5 (2) shall at the same time be sent to the EEA Joint Committee which shall make a compilation of such statements and forward it to the EC and EFTA States.

(e) The text of Article 6 (1) (e) shall be replaced by the following:

"VAT (value-added tax) or turnover tax on transport services,".

(f) In situations referred to in Article 7:

- regarding the EFTA States, "Commission" shall read "EFTA Surveillance Authority" and "Council" shall read "EFTA Standing Committee",

- if the Commission receives a request from an EC Member State or the EFTA Surveillance Authority from Iceland, Liechtenstein or Norway to adopt safeguard measures, the EEA Joint Committee shall without delay be notified thereof and be provided with all relevant information.

At the request of a Contracting Party, consultations shall take place within the EEA Joint Committee. Such consultations may also be requested in the case of prolongation of the safeguard measures.

Once the EC Commission or the EFTA Surveillance Authority have adopted a decision, it shall immediately notify the measures taken to the EEA Joint Committee.

If any of the Contracting Parties concerned considers that the safeguard measures would create an imbalance between the rights and obligations of the Contracting Parties, Article 114 of the Agreement shall apply mutatis mutandis.

(g) Iceland, Liechtenstein and Norway shall recognize the Community documents issued by the Commission and the EC Member States in accordance with Annex I to III to the Regulation as sufficient proof to carry out national cabotage operations in Iceland, Liechtenstein and Norway. For the purposes of such recognition, in the provisions of the Community documents set out in Annexes I, II, III and IV to the Regulation, references to "Member State(s)" shall read "EC Member State(s), Iceland, Liechtenstein and/or Norway".

(h) The Community and the EC Member States shall recognize the documents issued by Iceland, Liechtenstein and Norway in accordance with Annexes I to III to the Regulation, as adapted in Appendix 2 to this Annex as sufficient proof to carry out national cabotage operations in an EC Member State.

(i) When issued by Iceland, Liechtenstein and Norway the documents in Annexes I to IV to the Regulation shall correspond to the models set out in Appendix 2 to this Annex.`

Article 3

The Appendix attached to this Decision shall replace Appendix 2 to Annex 11 to Decision of the EEA Joint Committee No 7/94 of 21 March 1994 amending Protocol 47 and certain Annexes to the EEA Agreement (3).

Article 4

The texts of Council Regulation (EC) No 3315/94 in the Icelandic and Norwegian languages, which are annexed to the respective language versions of this Decision, are authentic.

Article 5

This Decision shall enter into force on 1 August 1995, provided that all the notifications under Article 103 (1) of the Agreement have been made to the EEA Joint Committee.

Article 6

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Communities.

Done at Brussels, 18 July 1995.

For the EEA Joint Committee

The President

E. BERG

(1) OJ No L 325, 17. 12. 1994, p. 72.

(2) OJ No L 350, 31. 12. 1994, p. 9.

(3) OJ No L 160, 28. 6. 1994, p. 93.

ANNEX

'APPENDIX 2

DOCUMENTS SET OUT IN THE ANNEXES TO COUNCIL REGULATION (EEC) No 3118/93, AS ADAPTED FOR THE PURPOSES OF THE EEA AGREEMENT

(See adaptation (i) in point 26c of Annex XIII to the Agreement)

ANNEX I

(a)

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(Thick green paper - format DIN A4)

(First page of cabotage authorization)

(Deadlines of periods of validity)

(Text to be worded in the official language (s) or one of the official languages of the Reference State issuing the authorization)

COMMISSION OF THE EUROPEAN COMMUNITIES

(Impressed stamp of the Commission of the European Communities)

State issuing the authorization/ international distinguishing sign (1)

Competent authority or agency

CABOTAGE AUTHORIZATION No . . . . . .

for the national carriage of goods by road in a Member State of the European Community or in Iceland, Liechtenstein or Norway, performed by a non-resident carrier (cabotage)

This authorization entitles ...................(2)

to carry goods by road by means of a motor vehicle or a coupled combination of vehicles, within a Member State of the European Community or within Iceland, Liechtenstein or Norway (hereinafter referred to as the "Reference States") other than that in which the holder of this authorization is established, and to move such vehicle or combination unladen over any part of the territories of the aforesaid Community or Reference States as laid down in Regulation (EEC) No 3118/93 of 25 October 1993 as adapted for the purposes of the Agreement on the European Economic Area (EEA Agreement) and subject to the general provisions of this authorization.

This authorization is valid for a period of two months.

from ................... to ...........................

issued at ..............., date ....................(3)

(1) International distinguishing signs are: Iceland (IS), Liechtenstein (FL), Norway (N).

(2) Name, or registered business name, and full address of carrier.

(3) Signature and stamp of the competent authority or agency issuing the authorization.

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(b)

(Second page of cabotage authorization)

(Text to be worded in the official language(s) or one of the official languages of the Reference State issuing the authorization)

General provisions

This authorization permits the national carriage of goods by road in any EC Member State or Reference State other than that in which the holder of the authorization is established (cabotage).

It is personal to the holder and non-transferable.

It may be withdrawn by the competent authority of the Reference State which issued it or, where the authorization is a forgery, by the EC Member State or Reference State in which the cabotage transport operations are carried out.

It may be used for only one vehicle at a time. Vehicle means a motor vehicle registered in the Reference State of establishment or a coupled combination of vehicles of which at least the motor vehicle is registered in the Reference State of establishment and which are used exclusively for the carriage of goods.

In the case of a coupled combination of vehicles, it shall accompany the motor vehicle.

It must be carried in the vehicle and must be accompanied by a book of record sheets for all national cabotage operations effected under it.

The cabotage authorization and the book of record sheets must be filled in before the cabotage operations begin.

The authorization and the book record sheets for national cabotage operations must be produced together whenever required by an authorized inspecting officer.

Save as otherwise provided in Community regulations, as adapted for the purposes of the Agreement on the European Economic Area, the performance of cabotage transport operations shall be subject to the laws, regulations and administrative provisions in force in the host EC Member State or Reference State in the following areas:

(a) rates and conditions governing the transport contract;

(b) weights and dimensions of road vehicles; such weights and dimensions may, where appropriate, exceed those applicable in the carrier's Reference State of establishment, but they may under no circumstances exceed the technical standards set out in the certificate of conformity;

(c) requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs, live animals;

(d) driving and rest time;

(e) VAT or turnover tax on transport services.

The technical standards of construction and equipment which vehicles use to carry out cabotage transport operations shall be those laid down for vehicles put into circulation in international transport.

This authorization must be returned to the competent issuing authority or agency within eight days following its date of expiry.

ANNEX II

(a)

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(Thick pink paper - format DIN A4)

(First page of short-term cabotage authorization)

(Deadlines of periods of validity)

(Text to be worded in the official language(s) or one of the official languages of the Reference State issuing the authorization)

COMMISSION OF THE EUROPEAN COMMUNITIES

(Impressed stamp of the Commission of the European Communities)

State issuing the authorization/ international distinguishing sign (1)

Competent authority or agency

CABOTAGE AUTHORIZATION No . . . . . .

for the national carriage of goods by road in a Member State of the European Community or in Iceland, Liechtenstein or Norway, performed by a non-resident carrier (cabotage)

This authorization entitles ......................(2)

to carry goods by road by means of a motor vehicle or a coupled combination of vehicles, within a Member State of the European Community or within Iceland, Liechtenstein or Norway (hereinafter referred to as the "Reference States") other than that in which the holder of this authorization is established, and to move such vehicle or combination unladen over any part of the territories of the aforesaid Community or Reference States as laid down in Regulation (EEC) No 3118/93 of 25 October 1993 as adapted for the purposes of the Agreement on the European Economic Area (EEA Agreement) and subject to the general provisions of this authorization.

This authorization is valid for a period of one month.

from .................. to .....................

issued at ..............,,date ..............(3)

(1) International distinguishing signs are: Iceland (IS), Liechtenstein (FL), Norway (N).

(2) Name, or registered business name, and full address of carrier.

(3) Signature and stamp of the competent authority or agency issuing the authorization.

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(b)

(Second page of cabotage authorization)

(Text to be worded in the official language(s) or one of the official languages of the Reference State issuing the authorization)

General provisions

This authorization permits the national carriage of goods by road in any EC Member State or Reference State other than that in which the holder of the authorization is established (cabotage).

It is personal to the holder and non-transferable.

It may be withdrawn by the competent authority of the Reference State which issued it or, where the authorization is a forgery, by the EC Member State or Reference State in which the cabotage transport operations are carried out.

It may be used for only one vehicle at a time. Vehicle means a motor vehicle registered in the Reference State of establishment or a coupled combination of vehicles of which at least the motor vehicle is registered in the Reference State of establishment and which are used exclusively for the carriage of goods.

In the case of a coupled combination of vehicles, it shall accompany the motor vehicle.

It must be carried in the vehicle and must be accompanied by a book of record sheets for all national cabotage operations effected under it.

The cabotage authorization and the book of record sheets must be filled in before the cabotage operations begin.

The authorization and the book record sheets for national cabotage operations must be produced together whenever required by an authorized inspecting officer.

Save as otherwise provided in Community regulations, as adapted for the purposes of the Agreement on the European Economic Area, the performance of cabotage transport operations shall be subject to the laws, regulations and administrative provisions in force in the host EC Member State or Reference State in the following areas:

(a) rates and conditions governing the transport contract;

(b) weights and dimensions of road vehicles; such weights and dimensions may, where appropriate, exceed those applicable in the carrier's Reference State of establishment, but they may under no circumstances exceed the technical standards set out in the certificate of conformity;

(c) requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs, live animals;

(d) driving and rest time;

(e) VAT or turnover tax on transport services.

The technical standards of construction and equipment which vehicles use to carry out cabotage transport operations shall be those laid down for vehicles put into circulation in international transport.

This authorization must be returned to the competent issuing authority or agency within eight days following its date of expiry.

ANNEX III

(a)

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(Format DIN A4)

(From cover of book of record sheets)

(Text to be worded in the official language(s) or one of the official languages of the Reference State issuing the book of record sheets)

State issuing the book of records sheets Competent authority or agency

International distinguishing sign of Reference State (1) Book No . . . . . .

BOOK OF RECORD SHEETS FOR NATIONAL CABOTAGE TRANSPORT OPERATIONS CARRIED OUT UNDER CABOTAGE AUTHORIZATION

No . . . . . .

This book is valid until .......................(2)

Issued at .............., date .................(3)

(1) International distinguishing signs of Reference States are: Iceland (IS), Liechtenstein (FL), Norway (N).

(2) The period of validity may not exceed that of the cabotage authorization.

(3) Stamp of the competent authority or agency issuing the book.

>END OF GRAPHIC>

(b)

(Inside cover of book of record sheets)

(Text to be worded in the official language(s) or one of the official languages of the Reference State issuing the book)

General provisions

1. This book of record sheets contains 25 detachable sheets, numbered 1 to 25, on which details must be given, at the time of loading, of all goods transported under the cabotage authorization to which they relate. Each book is numbered and that number is marked on every page of the book.

2. The carrier is responsible for the proper completion of the records of national cabotage operations.

3. The book must accompany the cabotage authorization to which it relates and be kept on board the vehicle travelling laden or unladen under the said authorization. It must be produced whenever required by an authorized inspecting officer.

4. Record sheets must be used in numerical order and the successive loading operations must be entered in chronological order.

5. Each item in the record sheet must be completed accurately and legibly by printing in indelible ink.

6. Not later than eight days after the end of the month to which the sheet relates, each completed record sheet must be returned to the competent authority or agency of the Reference State which issued this book. When an operation spans two census periods, the date of loading determines the period which the record must cover (e. g. an operation beginning towards the end of January and ending in the early part of February should be included in the January return).

(c)

(Front of the page inserted before the 25 detachable sheets)

(Text in the official language(s) or one of the official languages of the issuing Reference State)

Explanatory notes

The information to be given on the following sheets relates to all goods transported under the cabotage authorization to which this record book relates.

A separate line on this sheet must be completed for each consignment of goods loaded.

Column 2: give, where appropriate, the information requested by the issuing Reference State;

Column 3: give the day (01, 02, . . . 31) of the month indicated at the top of the sheet during which the vehicle departed under load;

Columns 4 and 5: specify the place and, if necessary to make this clear, the department, province, "Land", etc.;

Column 6: use the following distinguishing signs:

- Belgium: B

- Denmark: DK

- Germany: D

- Greece: GR

- France: F

- Ireland: IRL

- Spain: IRL

- Italy: I

- Luxembourg: L

- Netherlands: NL

- Portugal: P

- Finland: FIN

- Sweden: S

- United Kingdom: GB (as from 1 January 1996: UK)

- Iceland: IS

- Liechtenstein: FL

- Norway: N

and from 1 January 1997

- Austria: A

Column 7: state the distance travelled between the place of loading and the place of unloading;

Column 8: give the weight in tonnes to one decimal point (e.g. 10,0 t) of the consignment of goods in the same way as for the customs declaration; do not include the weight of containers or pallets;

Column 9: in addition, describe as accurately as possible the goods in the consignment;

Column 10: for official use only.

(d)

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>END OF GRAPHIC>

ANNEX IV

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TRANSPORT OPERATIONS CARRIED OUT IN . . . . . . (quarter) . . . . . . (year) UNDER COVER OF COMMUNITY, ICELANDIC, LIECHTENSTEIN AND NORWEGIAN CABOTAGE AUTHORIZATIONS ISSUED BY . . . . . . . . . . (international distinguishing sign of the country)

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