COMMISSION OPINION of 23 October 1974 addressed to the Government of the Kingdom of Belgium concerning a draft Royal Decree relating to the introduction of licences for forwarding agents (74/536/EEC)

In accordance with Article 1 of the Council Decision of 21 March 1962 (1) instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States, as amended by the Council Decision of 22 November 1973 (2), the Belgian Government sent the Commission, under cover of a letter dated 10 September 1974 from the Office of its Permanent Representative to the European Communities, the text of a draft Royal Decree (arrêté royal) relating to the introduction of licences for forwarding agents.

The letter from the Office of the Permanent Representative reached the Commission on 16 September 1974. The Belgian Government asked the Commission to give its Opinion within 30 days and, in accordance with Article 1 of the Council Decision of 1962 referred to above, also sent the draft to the other Member States.

Pursuant to Article 2 (1) of the Council Decision of 21 March 1962, as amended by the Council Decision of 22 November 1973, the Commission now delivers the following Opinion: 1. The Commission notes that the purpose of the proposed provisions is to require persons wishing to carry on the business of forwarding agent to obtain a licence, the requirements for which are laid down by the Royal Decree. The measure is one of those implementing the Law of 26 June 1967 (3) relating the provision of services ancillary to the carriage of goods, a draft of which was made available to the Commission by the Belgian Government at the time and to which the Commission raised no objection in its Opinion of 5 May 1966 (4).

2. The Commission has no objection to make to the draft Royal Decree submitted by the Belgian Government.

3. In the interests of clarity, the Commission would, however, propose to the Belgian Government that paragraph 4 (b) of Article 1 be re-worded as follows:

"Such carriers shall comply with the obligations arising under the tariffs relating to haulage operations including the provision of ancillary services".

4. The Commission does not consider it necessary to institute consultations with the other Member States under Article 2 (3) of the Council Decision of 21 March 1962.

The Commission is informing the other Member States of this Opinion.

Done at Brussels, 23 October 1974.

For the Commission

The President

François-Xavier ORTOLI (1)OJ No 23, 3.4.1962, p. 720/62. (2)OJ No L 347, 17.12.1973, p. 48. (3)Moniteur of 27.9.1967. (4)OJ No 90, 17.5.1966, p. 1400/66.