Transport Policy (Spicers European Policy Reports)

Transport Policy

SPICERS EUROPEAN POLICY REPORTS European Internal Market Policy Kevin Featherstone The Food Sector Stephen Fallows Youth Policy Gordon Blakely Regional Policy Colin Mellors/Nigel Copperthwaite Employment Policy Margareta Holmstedt Small and Medium Sized Enterprises Kenneth Dyson

Transport Policy Compiled by Kerry Hamilton

Published by Routledge in association with the University of Bradford and Spicers Centre for Europe Ltd

First published 1990 by Routledge in association with the University of Bradford and Spicers Centre for Europe Ltd Routledge 11 New Fetter Lane, London EC4P 4EE This edition published in the Taylor & Francis e-Library, 2005. “To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.” Simultaneously published in the USA and Canada by Routledge a division of Routledge, Chapman and Hall, Inc. 29 West 35th Street, New York 10001 © 1990 University of Bradford/Spicers Centre for Europe Ltd All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

British Library Cataloguing in Publication Data Transport policy.—(Spicers European policy reports) 1. European Community Countries. Transport. Policies of European Economic Communities I.Hamilton, Kerry II. University of Bradford, European Briefing Unit. III. Spicers Centre for Europe IIII. Series 380.5′094 ISBN 0-203-99114-1 Master e-book ISBN

ISBN 0-415-03831-6 (Print Edition)

Library of Congress Cataloging in Publication Data has been applied for 0-415-038316

CONTENTS

Foreword

1

The European Community: Its Role, Institutions, and Legislation

7

SECTION I Introduction

13

Conclusion

41

Summary of Specific Treaty Articles which Guide the CTP

43

References

47

SECTION II Key Documents on Transport

51

Summaries of Key EEC Documents on the Development of Transport Policy in the EEC SECTION III Commission Documents of Relevance to Transport Policy

53

75

Commission Policy Proposals and Memoranda

77

Other Commission Documents

85

vi

FOREWORD

This volume is one of a series offering an informed guide to particular policies and programmes of the European Community. They are intended for the intelligent reader as well as for the specialist. They assume no prior knowledge of the European Community, but they each offer a comprehensive and up-to-date guide to what the Community is doing, or proposes to do, in important areas of economic, social and political life. The volumes should appeal especially to those involved in business and commerce, public administration, and education. The volumes guide the reader through the maze of European Community legislation and policy proposals. Their main concern is with the official documents of the European Community institutions: helping the reader to understand Community policies and proposals. By doing so, each volume offers the reader a single reference source, collating all the essential information the reader needs to understand what is going on. Each volume is structured so as to offer easy access to the specific information needed. A preliminary note explains what the European Community is and how it operates. Each volume focuses on a distinctive policy area, and SECTION I introduces the reader to European Community action in that sphere. It explains how Community policy has evolved, the problems currently

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being confronted, and what is proposed for the future. SECTION II highlights the key documents and proposals in the policy area, giving extensive summaries of each of them. Finally, SECTION III provides a comprehensive listing of all the relevant Community documents in this policy sphere, with full bibliographical details and a brief note as to their content. As the reader progresses through each volume, he or she will have been guided from the general to the very specific, and from little or no knowledge to an informed picture of developments in the policy sphere concerned. Moreover, the information has been structured so as to allow the more specialist reader to pursue particular inquiries yet further: the volumes guide the reader to the policy documents specific to his/her interest. With the drive to complete the single internal European Community market by the end of 1992, more and more attention will be focused on Community policies and actions. By the end of this century, the European Community will be playing a more prominent part in the lives of its citizens and in a way which will have ramifications in other parts of the world also. The European Community is already an important actor on the world stage, and it will be even less possible to ignore it in the 1990s. This series of policy guides is designed to provide the information that is and will be needed to respond to this changing world. High-quality information is the key to effective action. This series has been produced by the European Briefing Unit at the University of Bradford (UK) together with Spicers Centre for Europe Limited, a member of Spicer and Oppenheim International. The collaboration between these two bodies has brought together a team of specialist writers expert in the various policy spheres covered by the volumes. Each

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writer is actively engaged in the study and research of these policy areas, and each has long experience in communicating their skills to the lay audience. The series has been co-ordinated by Amanda Deaville (Spicers) and Kevin Featherstone (Bradford). Both the European Briefing Unit (EBU) at the University of Bradford and Spicers Centre for Europe have an active interest in promoting knowledge and awareness of the European Community. The EBU is located in the Department of European Studies at the University of Bradford: the Department is the largest of its kind in the UK, and is actively involved in both teaching and research at all levels. The EBU was created in 1988 as a public resource, operating on a non-profit and open access basis. It acts as a neutral forum for the purpose of disseminating and advancing relevant knowledge about the Single European Market; new trading and business opportunities in Europe; the European Community’s Structural Funds and technology programmes; the external trade, business and political relations of the EC; and the social, cultural and educational implications of European integration. The EBU exists to serve the needs of industry, commerce and public authorities as well as those of the University itself and other educational bodies. The EBU has established close collaborative links with a number of relevant bodies across different sectors so as to promote its activities. Spicers Centre for Europe Ltd is a privately based organization serving the needs of its commercial clients. It offers expert EC advice and information to both private and public sector organizations and enterprises. It assists its clients in obtaining funding from EC sources, and it keeps them informed as to the changes in EC policy which might affect their interests. It advises organizations on how they might respond to the opportunities and challenges of the EC, by reviewing corporate strategies. It also offers a

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business information service based on its own and EC data bases, involving the Tenders Electronic Daily data base (TED) and the Business Co-operation Network data base (BC-NET). As a member of Spicer and Oppenheim International it is linked to an organization which has 250 offices in more than fifty countries throughout the world. The collaboration between the EBU and Spicers is intended to produce a continuing series of publications to inform both specialist and lay audiences about the role and impact of the European Community. Readers of these volumes are invited to contact either body directly if they have any comments to make on the volumes, or if they would like to know more about the activities of either organization. Both the EBU and Spicers would like to record their gratitude to Alan Jarvis (Routledge) for his support and patience in dealing with this publishing venture. Moreover, progress would have been more difficult had it not been for the efficient typing, by Christine Pratt of Spicers. More generally, thanks go to the full team of writers and assistants involved in this project for their willingness to see it succeed. Kevin Featherstone General Editor

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Contact addresses: The European Briefing Unit University of Bradford Bradford BD7 1DP United Kingdom Telephone: 0274–733466 Telex: 51309 UNIBFD G Fax Number: 0274 305340 Spicers Centre for Europe Limited Ground Floor 10–12 East Parade Leeds LS1 2AJ United Kingdom Telephone: 0532 442629 Telex: 557890 EUROPE G Fax Number: 0532 449909

6

THE EUROPEAN COMMUNITY: ITS ROLE, INSTITUTIONS, AND LEGISLATION

The European Community (EC) represents a unique development in the world: a new structure of relations between states. It has often been referred to as ‘the Common Market’ because it is a single trading entity: goods moving between the member countries are not subject to tariffs, while imports from the rest of the world enter under uniform conditions. But it is much more than that: it plays an important political and social role, in addition to its economic purposes. Moreover, the EC is set to develop much further in the 1990s. In the 1958 Treaty of Rome, a commitment was made to seeking in the long-term ‘an ever closer union among the peoples of Europe’, an ambitious objective which it has found difficult to realise. However, the Single European Act which came into force in July 1987 provides for an expansion of the EC’s political role and for the completion by the end of 1992 of a fully integrated, barrier-free internal market. The ‘European Community’ actually stems from three Communities: the European Coal and Steel Community (ECSC) established in 1952; the European Economic Community (EEC) which came into being in 1958; and, the European Atomic Energy Community (Euratom) which also began in 1958. The original Member States of each of these three Communities were Belgium, France, the Federal

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Republic of Germany, Italy, Luxembourg and the Netherlands. Successive enlargements of the Communities have increased their membership from six to twelve: Denmark, Ireland and the United Kingdom joined as of 1 January 1973; Greece on 1 January 1981; and Portugal and Spain on 1 January 1986. The population of the EC is now 320 million, greater than that of the USA (234 million), the Soviet Union (269 million), or Japan (119 million). Its Gross Domestic Product per head is significantly lower than that of either the USA or Japan. However, the Community today is the world’s largest trading power, accounting for almost 20% of world trade. Economically and politically, the EC dominates Western Europe, and it has established important relations with countries across the world. Policy making in the EC involves the Commission, the Council of Ministers, the European Parliament, and the Economic and Social Committee, with the adjudication of the Court of Justice and the Court of Auditors. In addition, the European Investment Bank (EIB) was established by the Treaty of Rome as the bank for financing capital investment promoting the balanced development of the Community. Until 1967, the three original Communities had separate Councils of Ministers and executive Commissions (known as the ‘High Authority’ in the ECSC). By contrast, the European Parliament and the Court of Justice have been common to the ECSC, EEC and Euratom since 1958. From 1967 onwards there has been a single Commission and a single Council, simplifying the overall structure. The three most important policy-making institutions of the EC today are the Council of Ministers, the Commission and the European Parliament. Since 1974, they have been joined by the ‘European Council’, a body given formal status by the Single European Act. The European Council is the term given to the summit

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meetings of the heads of government (and of state in the case of France) of the EC countries. It has no legislative power, rather its purpose is to place current issues in a more general perspective and to give impetus to those initiatives that it regards as priorities for action. Until 1985, it met three times a year, but this has since been cut back to twice a year. The Presidency of the European Council and of the Council of Ministers rotates between the member governments at six-monthly intervals. The European Council meetings are usually held in the country holding the presidency. The Council of Ministers’ headquarters is in Brussels, where the Commission is also based. The European Parliament, by contrast, currently holds its plenary sessions in Strasbourg, most of its committee meetings in Brussels, whilst its permanent staff are based in Luxembourg. This rather awkward compromise remains a source of controversy. EC legislation is determined by the three main institutions—the Council of Ministers, the Commission, and the European Parliament—with the Economic and Social Committee offering its advisory opinion. The Commission acts as the initiator of legislation and as the executive authority responsible for implementing it. Legislation is finally enacted after it has been approved by the Council of Ministers, either acting unanimously or by a qualified majority. It has been estimated that, as a result of the Single European Act, two-thirds of the internal market proposals will be covered by majority voting. The Council’s legislative role has been further amended by a new ‘Co-operation Procedure’ established by the Single European Act, which gives increased powers to the European Parliament. This provides, inter alia, for the Parliament to be able to reject the Council’s initial response to a Commission proposal, and the Council can then only pass the proposal into law if it acts

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unanimously (Art. 149:2c of the EEC Treaty as amended). Prior to the Single European Act, the Parliament already had the final say over the annual EC budget, though its scope for manoeuvre on expenditure is set within limits. Some description of each institution is necessary. The Council of Ministers is made up of representatives of the governments of the twelve Member States. Each government normally sends one of its ministers. Its membership thus varies with the subjects down for discussion. The Foreign Minister is regarded as his country’s ‘main’ representative in the Council, but Ministers for Agriculture, Transport, Economic and Financial Affairs, Social Affairs, Industry, the Environment and so on also meet frequently for specialized Council meetings and sometimes sit alongside the Foreign Ministers. The Council is supported by a large number of working parties and by a Committee of Permanent Representatives (COREPER). COREPER is composed of the various national ‘ambassadors’ to the EC. The Commission consists of seventeen members, appointed by agreement between the member governments. Throughout their four-year term of office, Commissioners are required to remain independent of national governments. An individual Commissioner cannot be sacked: the Parliament can pass a motion of censure compelling the Commission to resign en bloc. The European Parliament is the world’s first directly elected international assembly. It was first directly elected in 1979: it was previously composed of nominated national parliamentarians. The Parliament serves five-year terms and currently has 518 members (MEPs). The Court of Justice, based in Luxembourg, acts as the supreme court of the EC. It should not be confused with the European Court of Human Rights in

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Strasbourg, which is not an EC body. The Court of Auditors began operating in 1977 and, as its name suggests, it audits the EC accounts. The Economic and Social Committee is an advisory body of 189 members, representing various sectors of economic and social life, offering opinions on EC policies and proposals. EC Law The nomenclature of EC legislation can be confusing. The essential point to bear in mind is that the Commission brings forward proposals for legislation, the outcome of which will be variously determined by the Council and the Parliament. ‘Primary legislation’ of the EC is embodied in the treaties; ‘Secondary legislation’ is derived from the treaties in the form of ‘Regulations’, ‘Directives’ etc. The EC represents a distinct legal system, and its strongest form of legislation is superior to national law. When acting under the Treaty of Paris (ECSC), the Commission can take decisions, make recommendations or issue opinions. Decisions are binding in their entirety; recommendations are binding as to the ends but not as to the means; opinions are not binding. The Council acts in ECSC affairs mainly at the request of the Commission, either stating its opinion on particular issues or giving the assent without which, in certain matters, the Commission cannot proceed. The Commission’s ECSC decisions are mostly addressed to individual persons, firms or governments but they may also lay down general rules, since the Commission does also have general rulemaking powers. When acting under the Rome Treaties (EEC and Euratom), the Council and the Commission issue regulations, directives, decisions, recommendations and opinions. Regulations are of general application: they are binding in their entirety and applicable in all Member States. Directives are binding on the Member

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States to which they are addressed as regards the results to be achieved, but leave the form and methods of achieving it to the discretion of the national authorities. Decisions may be addressed to a government, an enterprise or a private individual; they are binding in their entirety on those to whom they are addressed. Recommendations and opinions are not binding. The discrepancy in terminology between the Paris Treaty and the two Rome Treaties is confusing. An ECSC ‘recommendation’ is a binding enactment corresponding to the EEC and Euratom ‘directive’, whereas an EEC ‘recommendation’ is not binding and is not stronger than an ‘opinion’. When examining the current progress of EC legislation in non-ECSC policy areas, the reader typically focuses on Commission proposals (e.g. for a directive) to be agreed by the Council of Ministers (subject to the differential powers of the European Parliament). It is clear from the above that the EC today is an important actor in international relations, enjoying both political and economic significance not only for its domestic citizens but also for those in other countries.

SECTION I INTRODUCTION

14

INTRODUCTION

Transport problems in the EC are largely a consequence of its geography. The EC has an area of 2, 225,000 sq km and a population of 320.4 million persons. This gives an average population density of 142 inhabitants per square kilometre. In order to cater for the needs of such a dense but unevenly distributed population a Common Transport Policy (CTP) has existed since the formation of the EEC in 1957. It should be remembered that the EC itself has no overriding geographical logic. As a group of countries it has expanded gradually from six in 1957 to twelve in 1986. This has left large and important areas such as the Scandinavian countries, Austria and Switzerland outside the Community although they still need to be traversed in Community links with Italy and Denmark. Policy decisions on issues such as international road and rail haulage and inland waterway travel are therefore made more difficult as they require the cooperation of non-Member States. Transport policy in most European countries is a combination of hundreds of years political and historical evolution and of general national attitudes to issues such as regulation, state intervention, social concerns and infrastructure. In most EC countries there is a geographical division of responsibility in transport matters with the state providing the general framework

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but leaving considerable room for local interpretation. Under these circumstances transport policy cannot be understood without some knowledge of the relationship between local and national authorities and the geographical allocation of power within any one state. The great variety in local and national approaches to transport policy within the EEC go some way towards explaining why harmonization of EEC transport policies has proved so difficult. The Common Transport Policy (CTP) Article 3(e) of the EEC Treaty of Rome (1) states that one of the objectives of the EC is the adoption of a common transport policy. Title IV of part two (Foundation of the Community) of the Treaty devotes eleven articles (74 to 84) to transport. Like agriculture, transport holds a special status as one of the foundations of the Community and was seen at the outset as both a means of achieving European integration and of accelerating economic development. Later it became equally significant in thinking about regional development and transport spending began to figure prominently in the activities of the European Regional Development Fund. According to Whitelegg (2), transport policy in the EC has from the outset been based on the following series of implicit assumptions: 1. Transport infrastructure improvements will generate benefits in the form of economic development. 2. Fostering free competition and freeing the operator from restrictive regulations will improve efficiency. 3. Improving journey times is the same as improving transport provision.

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The underlying philosophy of the CTP is thus one which reinforces the importance of free-market mechanisms. Since 1957 the CTP has shifted focus several times although it retains a strong ideological base in freemarket thinking. The first major document which set down clear EC transport principles and guidelines for actions was the Schaus Memorandum of 1961(3). This memorandum, which was followed by an Action Programme in 1962, was intended to initiate discussions on the options open to a CTP. However, much of this Action Programme was later abandoned. Despicht (4) has summarized the achievements of the CPT from 1958 to 69 as: – establishing a procedure of consultation on national transport policies; – implementing the Treaty of Rome on discrimination practices; – introducing rules of competition for the transport sector, together with a reduced Community quota for road haulage and a forked-tariff regime confined to road haulage for an experimental period only; and – introducing measures to reform the structure of inland transport, in particular for rationalizing railway operations and for a new system of allocating infrastructure costs. Following the addition of three new members (Denmark, the UK and Ireland) to the EC in 1973, the EEC Commission set out a new action programme. In a Commission communication in 1973 (5) it stated that ‘the most important ingredient in this modified approach was emphasis on the integration of the national transport system which requires Community action in the planning and financing of the transport network and in the organization of the transport

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market with the ultimate aim of achieving the optimal use of resources employed in the transport sector’. The programme of action accompanying this 1973 communication emphasized the urgent need to come to grips with: – the development of an optimal transport network in accordance with an agreed master plan; – the imputation of the costs of using the transport infrastructure; – definition of the role of the railways in the future transport system and solution of their financial problems; and – progression in the development of inland transport markets. However very little progress was made with regard to these needs and by 1978 the European Parliament was threatening to take the Council before the European Court of Justice. By March 1981 the Council had converted some Commission proposals into a Resolution which laid down ten new principal points for a transport programme. The 1981 Resolution priority topics were as follows: – improvement in the situation of railways; – continuation of measures to harmonize conditions of competition; – implementation of measures in the field of transport infrastructure; – development of combined forms in transport; – facilitation of frontier crossing; – improvement in the operation of the transport market, particularly international transport; – improvement in the efficiency and safety of transport; – better social conditions in the transport field;

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– continuation of the work in hand on sea and air transport in accordance with the conclusions reached by the Council in its previous meetings; and – solutions to the problems likely to arise in connection with intra-Community transit via nonmember countries. A lack of progress in advancing these aims eventually led, in 1983, to the European Parliament taking the Council of Ministers to the European Court of Justice. In May 1985, the Court ruled that the Council had infringed the Treaty of Rome by ‘failing to ensure freedom to provide services in the sphere of international transport and to lay down the conditions under which non-resident carriers may operate transport services in a Member State’. Another communication was also issued by the Commission in 1983 and this was said by Erdmenger (6) to pursue ‘the same ultimate objectives as the memorandum of 1961 and communication of 1973, which regards an efficient transport system as a crucial part of the establishment and further development of the internal market, and as being indispensable to economic growth’. In answer to a written question in February 1988 (7), which requested a solemn declaration that all the

* EC multilateral permits (the quota system) are issued under Council Regulation 3164/76. They allow unlimited journeys within the Community over one year, accounting for less than 5% of total intra-Community road haulage and less than 1% of total road haulage. Each state has a quota, and is responsible for its own allocation procedures. These permits allow transport between Member States but not cabotage. (Cabotage is the ability of a road haulier from one country to operate within another country which is the country of destination or en route to a third country).

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measures provided for under the Single European Act would be implemented by the end of 1992, the Council restated its ‘strong determination to do everything to ensure that the objectives set by the Single European Act are attained within the prescribed period’. During 1987 and 1988 the Community’s two main transport policy objectives were the freedom to provide services and the removal of distortions of competition. Considerable progress was made on civil aviation. In December 1987 the Council adopted a package of measures which heralded a major change in this sector and which should have a real and beneficial effect where European citizens and the civil aviation industry in Europe are concerned. On inland transport limited progress was also achieved, in particular as a result of the increase in the Community quota* for 1987, the adoption of a Directive on access to the occupation of inland waterway operator and the opening of negotiations on transport with certain nonCommunity countries was delayed. Lastly, pursuant to the December 1986 Regulations on shipping, the Council adopted two Decisions, one concerning maritime transport with West African and Central African states and the other authorizing Italy to ratify an agreement with Algeria. The latter Decision is the subject of a Commission appeal to the Court of Justice under Article 173 of the EEC Treaty. The Commission has also presented further proposals with a view to completing the single transport market by 1992. Channel Tunnel The European Parliament drew up a report on the Channel Tunnel in March 1988 (8) which welcomed the decision by the French and UK governments to approve the Eurotunnel Project (EP). The EP

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Committee on Transport believes that the creation of a fixed link, which should be part of the Community infrastructure development programmes, will facilitate and therefore encourage intra-Community trade, transform travel patterns and generate more crossChannel traffic, encourage the free movement of workers and increase job creation in the nearest countries. The Committee further believes that the will, by widening consumer choice, be of benefit to those who seek to travel between the UK and other Community countries, provided that direct high-speed rail links are taken into consideration. The environmental benefits which should result from encouraging more freight traffic to go by rail were welcomed by the Committee as was the fact that the construction of the Channel Tunnel will be financed by both private and public funds, thus leaving money to be spent on other Community tasks. It called on the Commission to take account of the need for adaptation of its medium-term infrastructure programme in view of necessary improvements in infrastructure on both sides of the Tunnel. In recognizing that the opening of the Tunnel may create a rationalization of the ferry network the Committee urged authorities to consider how social measures and incentives to new economic activity can help to overcome the problems which may be created. It also considered that, in view of the increased mobility that will result from the construction of the Tunnel, it is imperative that the elimination of controls at the Community’s internal frontiers should apply to the UK. The Committee concluded that the construction of a permanent fixed link between the UK and the Continent is an event of major political importance and expects the creation of the Channel Tunnel to improve human contacts and to encourage greater mobility

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within the Community, strengthening the geographical connection and making the concept of European integration more tangible for the citizens of the EC. Common Air Transport Policy After numerous meetings on civil aviation the Council reached an agreement, in December 1987, on a package of measures concerning fares, capacity, market access and competition in this sector (9). The measures in question are likely to have a major impact on air transport in Europe, enabling the airlines to offer more attractive cheaper rates based on commercial criteria. Where services are concerned, the airlines will be able to react more flexibly to traffic trends. The new marketaccess provisions should promote the establishment of new services and the opening of new lines. These measures constitute a first step towards a common air-transport policy in Europe. The main objectives of this policy are gradual deregulation, very high safety standards and a common approach with regard to non-member countries. The step-by-step pursuit of this policy between now and 1992 should further the balanced development of air transport in Europe. Air traffic control One of the remedies suggested by the European Commission in October 1988 to aid the congestion hampering EC air space, was the creation of a centralized air traffic control management system through Eurocontrol, a European air traffic control organization which aims to create a more sensible share out of military and civilian air space. There are eight air traffic flow management units jointly responsible for handling air traffic movement in the EC,

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and often three or four of these are involved in handling a single flight. The Commission argues in a proposal for a Council Decision that the creation of a centralized air flow management system to co-ordinate the existing independent units is essential since the present network is ill suited to managing the growing volume of traffic. The European air traffic control organization Eurocontrol seems well placed to ensure this system. The Commission’s proposals provide for the co-ordination of Member States’ activities with regard to planning the acquisition of air navigation facilities, development of common air traffic control procedures and training programmes for controllers (10). European Report, 22 October 1988, 1441/IV/4

The Commission is reported to have adopted proposals to try to solve the problems of air traffic congestion in Europe. These are said to include the creation of a more centralized air traffic control management system through Eurocontrol, more flexibility in the division of military and civil air space and harmonization of the technology of air traffic control. European Report, 26 September 1987, 1343/IV/5–6

France has tabled proposals at the Committee of Member States’ Permanent Representatives (COREPER) to try to solve the impasse over the package of liberalization measures for air transport. The proposals, which envisage an informal implementation of the measures pending agreement between Spain and the United Kingdom on the question of Gibraltar, have met with little enthusiasm. There are currently eight air traffic flow management units jointly responsible for handling air traffic movement in the EC, and often three or four of these are involved in handling a single

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flight. The Commission argues in a proposal for a Council Decision that the creation of a centralized air flow management system to co-ordinate the existing independent units is essential since the present network is ill suited to managing the growing volume of traffic. The European air traffic control organization, Eurocontrol, seems well placed to ensure this system. The Commission’s proposals provide for the co-ordination of Member States’ activities with regard to planning and acquisition of air navigation facilities, development of common air traffic control procedures and training programmes for controllers. Air transport The main features of the agreement on air transport (11) are: the possibility for airlines automatically to secure approval for discount or large discount fares (between 65% and 90% and 45% and 65%, respectively, of the reference fares, provided they meet certain criteria); the possibility of adjusting the capacities offered without reference to the governments concerned as long as the market share of the airline concerned remains within the 45–55% range until 1 October 1989 and the 40–60% range during the following year; and provisions on access to the market, which are intended to enable airlines to start new services and operate new routes (multiple designation, i.e. the option open to a Member State to designate carriers to operate an European route); starting services between the major airports and regional ones without the need for bilateral negotiations, the fifth freedom, namely, the option open to an airline established in a Member State to carry passengers between two airports located in two other Member States. Lastly, the agreement provides for the application of the competition rules to air transport. (12)

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On 26 and 27 November 1987 the Commission organized a symposium on air safety (13); it considers that maintenance and improvement of the level of safety must form an integral part of any overall air transport policy. Infrastructure On 22 December 1987 the Council adopted (14), on a proposal from the Commission (15), a Regulation on the grant of financial support, amounting to ECU 53m for transport infrastructure studies and projects under the 1986 and 1987 budgets. In April 1987 Parliament endorsed (16) the proposal for a Council Regulation on financial support within the framework of a medium-term transport infrastructure programme (17). On 13 October 1987, in the light of Parliament’s opinion, the Commission transmitted to the Council an amendment to its original proposal so as to include the obligation that the Commission must give the Council and Parliament a description of the projects likely to receive the financial support provided for in the programme (18). By June 1988 the European Commission had proposed a five-year transport infrastructure programme designed to upgrade the main intraCommunity transport links in the years up to and beyond 1992. New investment will be needed to deal with changing traffic flows between Member States as the internal market becomes a reality, and the Commission proposes to designate certain projects as having special European interest. This would make it easier for such projects to find loan and grant capital from Community sources and to attract private investment. The 1988 Commission proposals follow the same principles and criteria as those agreed by the Council of Ministers in 1987 for a medium-term infrastructure

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programme, but concentrate on twelve priority actions. Specific funds from the Community’s transport infrastructure budget, totalling about ECU 630m, would be allocated to projects over the five-year period. The overall aims of the programme are to eliminate transport bottlenecks, to integrate the Community’s isolated or peripheral regions, to reduce the costs of transit through non-Community countries, to improve land-sea transport routes and to ensure high quality links between the main urban centres including the high-speed train. The Commission proposes the following priority actions as meeting these general criteria: – studies and preparatory work; – construction of a combined transport network based on the results of a study which is now under way; – development of new telecommunication and information technologies to improve traffic management and information to drivers; – improvement of the Paris-Madrid-Barcelona-LisbonPorto-Algeçiras road and rail transit routes; – improvement of infrastructure associated with the Channel Tunnel; – construction of high-speed rail line between Paris, London, Brussels, Amsterdam and Cologne; – improvement of the north-south transit link in Ireland to serve the ports of Larne, Belfast, Dublin and Rosslare; – modernization of the north-south inland waterway network between the Netherlands, Belgium and France; – construction of the Scandinavian link; – international links in frontier areas; – improvement of other Alpine transit routes especially into Italy; and – modernization of the transit routes between southern Germany/Italy-Greece.

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A declaration that a particular project is of European importance would make it eligible for support from the Community funds allocated for transport infrastructure and from other Community sources of capital. The specific infrastructure credits could take the form of grants or any other form of assistance needed in the financing of a particular project. The aid would not normally exceed 25% of the total cost, or 50% for preparatory studies, except where other Community instruments provide for a higher level of contribution (19). Inland Transport Railways On 8 July 1987 the Commission sent the Council its eighth report on the annual accounts of railway undertakings (covering 1984) (20) as required by the Council Regulation of 12 December 1977 (21), and in an own initiative opinion adopted in February 1987 the Economic and Social Committee came out in favour of a common rail policy (22), while considering that the main responsibility for the success of rail transport lies with the companies themselves. On 26 October 1987 it was finally decided to go ahead with the high-speed rail network which is to connect Brussels, London, Paris, Cologne and Amsterdam. Ministers from the five EC Member States concerned have said that the project will involve both the construction of new lines, for trains travelling at up to 300km/hour and the improvement and development of existing ones. A new line will be built between Paris and the French entrance to the cross-Channel tunnel, which is currently under construction, via Lille. New lines will also be built, or existing lines adapted, between the French border and Brussels, between

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Brussels and Liege and the German Border, and between Brussels and Antwerp and the Dutch border. The existing line between Cologne and Aix-le Chappelle will be improved for a speed of up to less than 200km/hour. New lines will also be built between Amsterdam and Rotterdam, between Rotterdam and the Belgium frontier and between London and the British entrance to the Channel Tunnel. In February 1988 the European Commission asked the EC railways to strengthen their co-operation to help unify the market. In its sixth biennial report the Commission said that while the railways’ future role is under review, it is essential to treat Europe as one market, to promote joint and co-ordinated actions between the different national organizations and to define a strategic role for railways in the transport market. The report did note that some progress had been made; several new international high quality freight services had been introduced, exchange of information had been improved, frontier handling had been speeded up and high quality Euro-city passenger trains had been put into operation. However, in their reports to the Commission on their economic and financial programmes, the rail undertakings did not identify the obstacles which stand in the way of closer co-operation between them. The Commission will be deciding upon possible new initiatives to be taken in this field. The EC’s rail policy aims to: eliminate distortions in competition between the various modes of land transport: make relations between governments and their national rail companies transparent; promote all forms of co-operation between modes of transport and develop rail infrastructure. The Commission’s biennial reports aim to establish the extent to which these objectives have been achieved, and the economic and financial position of rail companies. In the introduction to the sixth edition, the Commission

TRANSPORT POLICY 29

stresses that the ‘opening up of national markets to road and inland waterway traffic and the deregulation of international markets in these two sectors (as well as air transport) will change rail companies’ competitive positions and will represent a new and difficult challenge for them. It will become more necessary than ever to improve the structure of supply and the quality of services offered by railways. It added that in 1986 it made a study of aids granted to rail companies under Community provisions, and will shortly submit a report to the Council. (23) (24) Road Transport The table on page 26 summarizes some of the most important Common Transport Policy initiatives in Road Transport (2).

Access to the market On 30 June 1987 the Council decided (25), on a proposal from the Commission (26), after receiving the opinion of Parliament (27), to increase the Community quota by 40% for the rest of the year.* On 6 October 1987 the Commission decided (28) to increase the Community quota by 15% in 1988 and allocated the extra 1,742 authorizations. On 26 November 1987 the Commission authorized (29) a

* Commission of the European Community—The European Perspectives Series, 1987, EPS Detailed report on transport and European integration by Carlo degli Abbati. Issues discussed include: the need for a common transport policy, the main features of Community action on transport, the organization and integration of the transport market and Community foreign relations in the context of transport.

30 TRANSPORT POLICY

Table 1: Major common transport policy initiatives in road transport since 1973

further increase to take account of the transit difficulties encountered by some Member States. On 4 March 1987, acting on the Court’s judgment of 22 May 1985 on the common transport policy (30), the Commission sent the Council a proposal for a Regulation laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (31). On 15 April 1987 the Commission also sent the Council a proposal for a Regulation on common rules

TRANSPORT POLICY 31

for the international carriage of passengers by coach and bus (32). Parliament (33) and the Economic and Social Committee (34) delivered opinions on the proposal for a Regulation on access to the market for the carriage of goods by road between Member States (35). In July 1987 the Economic and Social Committee endorsed (36) the proposal for a Council Decision with regard to the EC’s consolidated resolution on the facilitation of road transport (37).

Fixing of rates On 25 November 1987 the Commission sent the Council a proposal (38) to amend the Regulation of 1 December 1983 on the fixing of rates for the carriage of goods by road between Member States (39). Taxation On 22 December 1987, acting on the Council resolution of 25 June 1987 on the elimination of distortions of competition in the transport of goods by road (40), the Commission approved, for transmission to the Council, a proposal for a Directive on the charging of transport infrastructure costs to heavy-goods vehicles (41). On 16 September 1987 Parliament adopted a resolution on payment for the use of transport infrastructure in the framework of the common transport policy and eliminations of distortions of competition by vehicle taxes, fuel taxes and road tolls (42). In July 1987 the Economic and Social Committee endorsed (43) the communication from the Commission on the elimination of distortions of competition of a fiscal nature in the transport of goods

32 TRANSPORT POLICY

by roads: study of vehicle taxes, fuel taxes and road tolls. Social conditions On 22 December 1987 the Commission adopted a communication (44), on the Council Regulations of 20 December 1985 (45) relating mainly to questions of interpretation and enforcement. The governments of Belgium, Denmark, France, Luxembourg and the United Kingdom consulted the Commission about measures to implement the Council Regulations of 20 December 1985 on the harmonization of certain social legislation relating to road transport and on recording equipment (tachographs) in road transport (46). On 3 May 1988 new regulations (47) regarding the harmonization of regulations on drivers’ hours in public authority vehicles and on recording equipment in road transport were adopted. Technical aspects As part of the process of harmonizing certain technical aspects of vehicles used for the carriage of goods, the Commission sent the Council, on 21 May 1987, a proposal to amend, with regard to the width of refrigerated vehicles, the Directive of 19 December 1984 on the weights, dimensions and certain other technical characteristics of certain road vehicles (48), and on 6 February, a report (49) on the development of the circumstances which justified the derogation accorded to Ireland and the United Kingdom from certain provisions of the Directive. On 30 June 1987 the Commission amended (50) its proposal to amend—in particular with regard to private cars—the Council Directive of 29 December 1976 on roadworthiness tests for motor vehicles and

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their trailers. On 25 September 1987 it sent the Council a proposal for a Directive on the approximation of the laws of the Member States relating to the tread depth of tyres of certain categories of motor vehicle and their trailers (51). On 7 August 1987 the Commission sent the Council a proposal for a Regulation on a Community programme in the field of information technology and telecommunications applied to road transport (DRIVE) (52). The official closing ceremony of European Road Safety Year (1986) took place in Brussels on 16 February 1987 and in June, Parliament adopted a resolution entitled ‘Road Safety Year: progress and prospects’ (53). Inland Waterways On 9 November 1987 the Council adopted a Directive which it approved in June on access to the occupation of carrier of goods by waterway in national and international transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation (54). A report on inland ports was drawn up on behalf of the Committee on Transport in May 1988. This contained the motion for a Resolution which stated that although the inland waterway sector is the least compatible type of surface transport with existing frontiers, it is expected to become an important feature of the Single European Market. However this form of European transport has received the least attention from the Commission. The inland waterway sector in Europe has far from exhausted its potential because of a number of possible factors including:

34 TRANSPORT POLICY

– the absence of co-ordinated forward-looking and effective standardization policy; – inadequate maintenance of waterways; – excessive caution regarding projects for making waterways navigable or restoring their navigability; and – excessive caution regarding integrated projects which include navigability. Portugal’s accession to the Community, the imminent opening of the Rhine-Maine-Danube canal, Austria’s commitment to the inland waterway sector and the potential growth resulting from access by Switzerland to the Community network have extended the horizon of the European inland waterway sector considerably. Economic developments and trends have had a negative effect on the inland waterways and the measures adopted to combat the crisis of surplus capacity in this sector have either not been implemented or have fallen short of their objectives. Also the meagre support given to transport infrastructures has only benefited the inland waterway sector and not applied to inland ports. (55) Sea Transport On 17 September 1987 the Council adopted a Decision authorizing Italy to ratify a maritime transport agreement with Algeria. The Commission took the view that this Decision, which departs from its proposal, provides no guarantee that Community legislation on maritime transport would be correctly applied and therefore decided on 7 October 1987 to bring an action against the Council before the Court under Article 173 of the EEC Treaty (56). On 20 October 1987 the Council adopted, on a proposal from the Commission (57), a Decision concerning coordinated action to safeguard free access

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to ocean trades and freedom to provide services in maritime transport with West African and Central African States. On 5 and 6 May 1987 the Commission, in conjunction with the Council, held a symposium to examine possible action at Community level to secure the future of the Member States’ fleets. Multimodal Transport On 22 December 1987 the Council adopted (58) the proposal for a Directive to extend to 1989 the present provisions of the third Directive on summer-time in the Community for 1986, 1987 and 1988.(59) On 4 November 1987 the Commission sent the Council a report (60) on the implementation of the Directive of 17 February 1975, as last amended by the Directive of 10 November 1986, on the establishment of common rules for certain types of combined transport of goods between Member States. International Co-operation The Agreement on the International Road-Rail Combined Carriage of Goods between the Community and certain nonmember countries was initialled in Brussels on 24 February 1987 (61) . The Agreement aims to promote this form of transport by exempting the initial and terminal road haulage operations from all authorizations and quota restrictions. On 7 December 1987 the Council adopted (62) a recommendation for a Decision on the opening of negotiations on transport matters between the Community and Austria, Switzerland and Yugoslavia (63). The negotiations will cover a wide range of subjects, in particular the obstacles encountered in intra-Community transit traffic; namely infrastructure, weights and dimensions, quotas, taxes and tools,

36 TRANSPORT POLICY

driving restrictions, delays at frontiers and any other factors affecting transit traffic. On 26 May 1987, after receiving favourable opinions on the Commission proposal (64) from Parliament (65) and the Economic and Social Committee, the Council decided to bring forward to 1 June the entry into force of the provisions set out in Section II and III of the Agreement on the International Carriage of Passengers by Road by means of Occasional Coach and Bus Services (66). Implications of EC Transport Policy – in the accession of Spain and Portugal to the European Community. On 1 February 1988 a report (67) drawn up on behalf of the EP Committee on Transport recorded that in acceding to the European Community, Spain and Portugal have been obliged to make major adjustments in road transport, in particular, extensive changes in regulations being necessitated principally by the new social legislation and tachograph checks on the observance thereof, together with regular and compulsory roadworthiness testing of commercial vehicles. Both countries had already begun to loosen railway undertakings’ ties with the State; consequently there were no fundamental obstacles to granting such enterprises commercial independence as regards international operations. The rules governing inland navigation are of little practical relevance to Spain and Portugal, since there is no link with the Central European inlandwaterway network. As regards combined transport, a number of agreements were already in place between the Community and the new Member States; consequently in this respect adjustment has been

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smooth. However, the Community’s rules on the discontinuation of border formalities have necessitated considerable adjustment. A number of phased-in transitional arrangements have been made while adjusting various road transport regulations in Spain and Portugal to conform to existing EEC legislation. These arrangements would appear to be justified in view of the technical problems which would have been raised by making the installation of recording equipment compulsory from 1 January 1986 and, in Portugal, by carrying out roadworthiness tests from that date. In the interest of road safety, particularly during the transport of dangerous substances, and in Member States, these derogations had to be precisely formulated and, as regards recording equipment in vehicles, restricted to domestic transport operations. Adaptations necessitated by Spanish and Portuguese accession have been made by the Community to its legislation in force. Most of these have been legal modifications but the countries have also been allocated a Community quota for road haulage authorizations. Should the application of Community provisions cause serious difficulties in the field of transport in either of the new Member States before 31 December 1992, the Member State may apply to the Commission concerned for authorization to take appropriate protective measures. The European Commission believes that adjustment by Spain and Portugal to existing Community legislation on transport can be regarded as a feasible undertaking, although the integration of the communications network of the Iberian peninsula into that of the rest of the Community is much more problematic. In this context, a distinction must be made between Spain and Portugal in view of the significant differences between their communications networks and this is outlined in the report (68).

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– in connection with the development of the Mediter ranean region A report (69) drawn up on behalf of the Committee on Transport in July 1988 on priorities for the CTP in connection with the development of the Mediterranean region, was deemed necessary because the Mediterranean region has acquired new significance within the Community’s transport policy as a result of Greek, Spanish and Portuguese accession. It has moved from a peripheral position to the heart of the transport network between the southerly Member States and at the same time it forms a stepping stone to the aspiring countries of North Africa and the Middle East. The aim of this report was not to frame a separate transport policy for the Mediterranean region but to bear in mind the following distinctive features which characterize the transport situation in the Mediterranean region: – the remoteness of many areas from the Community’s centres of economic activity and population; – the fact that transport infrastructure is in general vastly inferior to that in the other regions of the Community; – the antiquated operating methods of transport companies; – the various areas are quite different from one another; – there is room for improvement as regards cooperation and the sharing out of tasks among the Community ports in the area; and – delays at borders and bureaucratic difficulties create problems. The first priority for the Community’s Mediterranean states must therefore be to put into effect a policy to upgrade their infrastructure and modernize their

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transport companies. The Community, as part of its drive to align the Member States more closely, must take additional action to support this policy, for example in the form of greater commitment to the area by the European Investment Bank and Regional Fund or increased consideration under new policy instruments such as the medium-term transport infrastructure programme that is now taking shape. Unless such supporting action is taken the Mediterranean countries will not be able to close the gap between themselves and the more highly developed areas. This would mean that the common internal market would operate to the substantial detriment of the southern Mediterranean, creating the very real danger that its completion could be jeopardised by resistance in these areas. The report discusses what the priorities in this area should be and what action could be taken to ensure that the Mediterranean area is not left out on a limb.

40

CONCLUSION

The Common Transport Policy is one of the common policies specifically mentioned in the Treaty of Rome (1957) and as such is one of the corner-stones of EC policy. However, many commentators have stated that in comparison to common policies such as that for agriculture, the achievements of the CTP have been limited. This lack of achievement led to a judgment in May 1985 by the Court of Justice in an action brought against the Council by the European Parliament which condemned the Council for infringement of the Treaty of Rome by failing to ensure freedom to provide services in the sphere of international transport and to lay down conditions under which non-resident carriers may operate transport services in a Member State. The judgment should provide a fresh impetus to the Common Transport Policy. A Commission White Paper ‘Completing the Internal Market’ published soon after, envisages completion of the Internal Market of the Community by 1992 and includes various transport measures. By November 1985 the Council had agreed a policy approach providing ‘for the establishment of a free market without quantitative restrictions by 1992 at the latest, and a transitional phase of gradual adjustment of bilateral quotas to make them non-discriminatory together with increases in Community quotas’. During the transitional period, distortions of competition

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would also be eliminated. A master plan was drawn up laying down the main objectives of the CTP to be achieved by 1992. The Single European Act of 1986 supplemented the EEC Treaty by providing that the Community is to adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992 in accordance with the provisions of Article 8A and Article 84 of the Treaty. The Single European Act amended and supplemented Article 84. This provides for a system of qualified majority voting for all sectors of the CTP including sea and air transport. In the Transport Policy of the European Communities (70), Despicht recognized the changes which have occurred in CTP thinking since 1957 and identified two phases of development between 1957 and 1969: (i) ‘the initial phase’, in which EC institutions acted as if they believed that a Communitywide transport system could be introduced by direct assault; and (ii) the ‘present phase’ in which a single Community executive is trying to reconcile the different judicial powers and to overcome the impasse of previous policy making. Despicht summarizes the Treaty articles which guide the CTP on page 38.

SUMMARY OF SPECIFIC TREATY ARTICLES WHICH GUIDE THE CTP

75(1) (a) and (b) requires common rules for frontiercrossing traffic within the Community and for the interpenetration of national transport markets 76 forbids Member States to discriminate against foreign carriers (who come from other Member States) any more than they did when the Treaty of Rome came into force 79 bans discrimination in transport charges within two years where the condition of carriage and cargo are identical and subsequently where the transport operators are equivalent in practice 81 requires the charges levied at frontier crossings to be related to actual cost (instead of to fictitious terminal charges) and provides for the actual costs of crossing frontiers to be reduced progressively 77 permits state subsidies for the co-operation of transport or as compensation for public service obligations 78 states the general principle that any measures concerning transport rates and conditions shall take account of the economic circumstances of carriers 80 prohibits specially favourable transport charges (support tariffs) for benefit of particular undertakings; it contains an exception for regional policy goals 82 permits state aid in transport in the 40km zone on the West German/East German border Source: Despicht (1969)

44 THE SINGLE EUROPEAN ACT AND THE CTP

The Single European Act and the CTP The most motivating piece of recent EC legislation as far as the CTP is concerned has been the Single European Act of 1986. Since this act was passed, most areas of transport have already been assigned mediumterm plans to take them up to the completion of the internal market in 1992: Air—In December 1987 the Council reached agreement on new measures constituting the first step towards a common air transport policy in Europe. The main objectives of the policy are deregulation, safety and a common approach to non-member countries. These objectives are to be pursued in several steps between now and 1992. Infrastructure—A five-year transport infrastructure programme designed to upgrade the main intraCommunity transport links in the years up to and beyond 1992 was proposed in June 1988. The programme follows the same principles and criteria as those agreed for the Council of Ministers for a mediumterm infrastructure programme in 1987 but concentrates on twelve priority actions aimed at dealing with the anticipated traffic flows between Member States as the internal market becomes a reality. Rail—It was decided in 1987 to go ahead with the highspeed rail network which is to link Brussels, London, Paris, Cologne and Amsterdam, and in February 1988 the EC asked EEC railways to strengthen their co-operation to help unify the market. The EEC’s rail policy aims to eliminate distortions in competition between different modes of land transport, make relations between governments and their national rail companies transparent, promote co-operation between modes of transport and develop rail infrastructure. The EC Commission’s biennial reports aim to establish the extent to which these objectives have been achieved in the run up to 1992.

THE SINGLE EUROPEAN ACT AND THE CTP 45

Road—Much of the recent proposals on road transport are aimed at freeing the market and the CTP seems likely to encourage greater use of road vehicles for international freight. Inland Waterways—A report on inland ports was drawn up on behalf of the Committee on Transport in May 1988. This contained the motion for a resolution which stated that although the inland waterway sector is the least compatible type of surface transport with existing frontiers it is expected to become an important feature of the Single European Market. However this form of European transport has not received very much attention from the Commission with regard to 1992. There are still a great many changes to be made before a truly common transport policy can be claimed to exist in the EEC. If completion of the internal market on the Community is achieved by 1992 the CTP will have realized its main aims in freeing the market and fostering free competition. Whether this will mean the generation of economic development, the improvement of efficiency and improved transport provision remains to be seen. As transport is a vital component of everyday life for Europeans, transport policy holds a great potential to improve significantly living and working conditions. The real challenge for the CTP after 1992 will be to keep pace with developments in other areas of EEC policy and to ensure that sufficient transport provision is in place before it is needed. A shift in emphasis from cars and roads to more environmentally aware methods of using the limited space left in Europe will also be needed if the EEC is to avoid increased road traffic deaths, pollution, loss of countryside to new road building and limited mobility for those with no access to a car.

46

REFERENCES

(* denotes a reference which is summarized in Section II) Notes

Abbreviations used:

(1) (2) (3) (4)

(5)

(6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)

EEC Treaty of Rome (1957). J.Whitelegg(1988) Transport Policy in the EEC. London: Rouledge. EEC Commission, Schaus Memorandum 1961. N.Despicht (1969) The Transport Policy of the European Communities. European Series no.2 (PEP), London: The Royal Institute of International Affairs. EC Commission (1973) Commission Communication to the Council—Progress towards a Common Transport Policy (Inland Transport) COM(73) final. J.Erdmenger (1983) The European Community Transport Policy. Aldershot: Gower. COM(88) 193 final 15.4.88.* COM(88) 117 final 30.3.88.* OJL 374 31.12.87, Bull EC 12–1987. European Report, 8.10.88, 1437/IV/6–7 .* OJL 374 , 31.12.87, Bull EC 12–1987. Bull EC 6–1987, point 2.1.227. Bull EC 11–1987, point 2.1.250. Bull EC 12–1987. Bull EC 11–1987, point 2.1.242. OJC 125 11.5.87, Bull EC 4–1987, point 2.1.141. OJC 288 15.11.86 257 , general reference point 693. OJC 288 28.10.87, Bull EC 10–1987, point 2.1.196.

48 THE SINGLE EUROPEAN ACT AND THE CTP

(19) COM(88) 340 final 16.6.88. (20) Bull EC 7/8–1987, point 2.1.259. (21) OJL 334, 24.12.77; Eleventh General Report on the activities of the EC, point 376. (22) OJC 105 , 21.4.87; Bull EC 2–1987, point 2.4.21. (23) EC European Parliament Reports, 27.5.87, PE DOC A 2– 79/87*. (24) OJC 150 , 8.10.87; Agence Europe, 8.2.88, 4717 p.11. (25) OJL 179 , 3.7.87; Bull. EC 6–1987, point 2.1.222. (26) OJC 87 , 2.4.87; Bull EC 3–1987, point 2.1.197. (27) OJC 190 , 20.7.87; Bull EC 6–1987, point 2.1.222. (28) Bull EC 10–1987, point 2.1.200. (29) Bull EC 11–1987, point 2.1.243. (30) OJC 144, 13.6.85; Nineteenth General Report on the activities of the EC, points 613 and 1057. (31) OJC 77, 24.3.87; Bull EC 2–1987, point 2.1.169. (32) OJC 120, 6.5.87; Bull EC 2–1987, point 2.1.170. (33) OJC 281, 19.10.87; Bull EC 9–1987, point 2.4.55. (34) OJC 232, 31.8.87; Bull EC 7/8–1987, point 2.4.55. (35) OJC 65, 12.3.87; Twentieth General Report on the activities of the EC, point 204. (36) OJC 232, 31.8.87; Bull EC 9–1987, point 2.4.57. (37) Eighteenth General Report on the activities of the EC, point 504. (38) Bull EC 11–1987, point 2.1.246. (39) OJL 359, 22.12.83; Seventeenth General Report on the activities of the EC, point 502 . (40) Bull EC 6–1987, point 2.1.221. (41) OJC 3, 7.1.88; Bull EC 12–1987. (42) OJC 281, 19.10.87; Bull EC 9–1987, point 2.4.13. (43) OJC 232, 31.8.87; Bull EC 7/8–1987, point 2.4.56. (44) Bull EC 12–1987. (45) OJL 370, 31.12.85. (46) OJL 370, 31.12.85. (47) COM(88) 49 final 18.2.88.* (48) OJL 2, 3.1.85; Eighteenth General Report on the activities of the EC, point 493. (49) Bull EC 1–1987, point 2.1.125. (50) OJC 183, 11.7.87; Bull EC 6–1987, point 2.1.223. (51) OJC 279, 17.10.87; Bull EC 9–1987, point 2.1.182.

THE SINGLE EUROPEAN ACT AND THE CTP 49

(52) EC European Parliament Reports, 24.5.88, PE DOC A 2– 82/88. (53) OJC 190, 20.7.87; Bull EC 6–1987, point 2.4.19. (54) OJC 351, 24.12.83; Seventeenth General Report on the activities of the EC, point 500; OJC 214, 14.8.84; Eighteenth General Report on the activities of the EC, point 490. (55) EC European Parliament Reports, 25.5.88, PE DOC A 2– 85/88. (56) Bull EC 10–1987, point 2.1.202. (57) OJL 378, 31.12.86; Bull EC 10–1987, point 2.1.201. (58) OJL 6, 9.1.88; Bull EC 12–1987. (59) OJC 325, 4.12.87; Bull EC 11–1987, point 2.1.251. (60) Bull EC 10–1987, point 2.1.204. (61) Bull EC 2–1987, point 2.1.173. (62) Bull EC 12–1987. (63) Bull EC 9–1987, point 2.1.189. (64) OJC 113, 28.4.87; Bull EC 4–1987, point 2.4.143. (65) OJC 156, 15.6.87; Bull EC 5–1987, point 2.1.202. (66) OJL 230, 5.8.82; Sixteenth General Report on the activities of the EC, point 494. (67) EC European Parliament Reports, 1.2.88, PE DOC A 2– 272/87.* (68) EC European Parliament Reports, 1.2.88, PE DOC A 2– 272/87.* (69) EC European Parliament Reports, 26.7.88, PE DOC A 2– 167/88.*

50

SECTION II KEY DOCUMENTS ON TRANSPORT

52

SUMMARIES OF KEY EEC DOCUMENTS ON THE DEVELOPMENT OF TRANSPORT POLICY IN THE EEC

Channel Tunnel PE DOC A 2–328/87: European Communities European Parliament Reports, 1 March 1988 This report on the Channel Tunnel was drawn up on behalf of the Committee on Transport. The purpose of the report is stated as ‘not to rehearse arguments of principle which have already been determined’. It will instead discuss some of the issues which are still being raised. ‘Apart from the practical points discussed in it, we must realise that the Tunnel will transform travel patterns. More importantly it will lead to a change in attitudes. The old insularity will be replaced by a new internationalism. The Tunnel will widen visions and create new opportunities. This can only be beneficial for the Community at large and in particular for the two countries most directly affected, France and Britain’. The report goes on to consider ‘The Channel Tunnel and Competition’, ‘The Tunnel and the Environment’, ‘The Tunnel and Ferry Operators’, and the ‘The Challenge and Opportunity of the Tunnel’. Two motions for a Resolution followed, on the need for a direct transport link between the Channel Tunnel

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and the Merseyside region and the Channel Tunnel itself. Common Transport Policy Official Journal of the European Communities Information and Notices. 11 April 1988, 88/C93/135 European Parliament written question no 2294/87 of 5 February 1988 by Mr Francois Musso on the failure to adopt a common transport policy. Mr Musso concluded his question, ‘Could the Council declare solemnly to the European Parliament that all the measures provided for under the Single European Act bill be implemented to ensure that freedom of movement and free competition will be implemented in all sectors, including air transport and shipping, by the end of 1992?’. The answer provided on 18 February 1988 was, ‘The Council is motivated, as is the European Parliament, by a strong determination to do everything to ensure that the objectives set by the Single European Act are attained within the prescribed period’. ‘The Council would restate its intention of adopting in due course the requisite measures for implementing a common policy on land, sea and air transport, thereby contributing towards the progressive establishment of the internal market by 1992, as provided for in Article 8A of the EEC Treaty’. ‘The Council will take these measures in pursuance of the relevant provisions of the Treaty, with due regard for the Court of Justice’s judgment in Case 13/83 on 22 May 1985 and in accordance with the conclusions of the European Council adopted in particular in Milan (28 and 29 June 1985) and at The Hague (26 and 27 June 1986). Attention must also be paid here to the conclusions of the Council itself, and in particular to those adopted on 20 June 1986 and on 24 and 25 June 1987’.

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DRIVE

Official Journal of the European Communities Information and Notices, 3 June 1988, 88/C146/10 Amended proposal for a Council Decision on a Community programme in the field of road transport informatics—DRIVE (Dedicated Road Infrastructure for Vehicle Safety in Europe). PE DOC A 2–82/88: Recommendation for the second reading drawn up by the Committee on Energy Research and Technology concerning the common position of the Council on the proposal for a Community programme in the field of information technology and telecommunications applied to road transport—DRIVE (Dedicated Road Infrastructure for Vehicle Safety in Europe). European Communities European Parliament Reports, 24 May 1988. At its first reading of the proposal for the DRIVE programme on 11 March 1988 the European Parliament adopted all fourteen amendments to the draft Council regulation and the draft legislative resolution contained in the report by the Committee on Energy, Research and Technology. The purpose of the amendments was, in brief: – to propose the extension of the scope of application of information technologies beyond road transport to other sectors such as rail, sea and air transport; – to ensure that precompetitive EUREKA projects carried out in co-ordination with an EC project—and thus benefiting from it—adhere to the same principles of shared costs, cross-frontier cooperation and the inclusion of SMEs in the programme; – to ensure that the result of DRIVE will be as accessible to enterprises in the Community not taking part in the DRIVE programme or in related

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EUREKA programmes as to those companies participating only in related EUREKA projects; – to underline the relevance of the annual budgetary procedure for the overall amount of appropriations; – to ensure greater independence for the Commission in the implementation and execution of the programme by replacing the originally proposed regulatory committee (i.e. ‘Comitology’ variant IIIA) by a management committee (i.e. ‘Comitology’ variant IIA). Apart from these amendments the European Parliament supported the main principles of the Commission proposal, namely the main objectives of the programme such as improving road transport efficiency and safety by exploiting the new possibilities offered by road transport information. The Commission declared on the occasion of the adoption of these amendments in Committee that it could endorse them. Consequently the Commission amended its proposal accordingly pursuant to Article 149 of the EEC Treaty (cf. COM(88) 167 fin.) However, at the same time the Commission also introduced quite significant, though not in effect substantial, modifications to its original proposal (going beyond the amendments of Parliament and aiming to adjust the original proposal to those provisions adopted by Council in its decision on RACE of 14 December 1987 (OJ No L16 of 21.1.88, pp 35 ff., on which also the European Parliament was not consulted). Although your rapporteur recognizes the Commission’s right to modify at any time its original proposal, it must be considered most inappropriate that the Commission is doing this at a time when Parliament has delivered its opinion on first reading and before Council has had a chance to consider Parliament’s amendments to the original proposal.

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The Commission’s modified proposal was transmitted to the European Parliament on 8 April, i.e. three days before the decisive Research Council meeting. Thus, the European Parliament had no possibility to consider the modifications or to request re-consultation from the Council. The Commission’s attitude must be considered as an attempt to undermine the European Parliament’s role in the co-operation procedure. The Common Position of the Council of 11 April, 1988 has taken into account some of the European Parliament’s amendments, especially those introducing new recitals relating to the widening of the application of information technology to other transport sectors and to the adherence of shared-cost projects, cross-frontier cooperation; and the inclusion of SMES. The Council, however, did not agree to the European Parliament’s request to replace the regulatory committee by a management committee. Council also considered Parliament’s reference to the annual budgetary procedure, unnecessary. Furthermore Council do not accept two further amendments relating to the links between EUREKA and DRIVE projects and the accessability, of its results. The Council, however, agreed to those modifications by the Commission relating to the RACE-provisions, on which the European Parliament was not consulted, and extended the duration of the initial period from thirty to thirty-six months. In view of the importance the European Parliament has attached to its amendments at first reading, the Committee on Energy, Research and Technology recommends that the European Parliament retain those amendments not accepted hitherto by Council (but supported by the Commission), especially as regards comitology and the EUREKA-DRIVE relationship.

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General Commission of the European Communities, 1988. 92–825–7782–1: XXIst General Report on the activities of the European Communities (1987) This covers the Community institutions, the financing of activities, economic and monetary policy, completing the internal market, industrial policy, action for businesses, research and technology and innovation, competition and trade, employment, education, social policy, regional policy, transport, the structural funds, environmental policy, consumer policy, agriculture and fisheries, energy, Community law and all aspects of the Community’s external relations. The document reviews main developments in transport and the priority activities and objectives pursued during 1987. It then goes on to summarize developments in specific areas of transport policy such as infrastructure, inland transport and international cooperation while making reference to around eighty EC documents. The report singles out civil aviation as an area of particular progress during 1987 and also draws attention to proposals made with a view to completing the single European transport market by 1992. European Report, 9 December 1987, 1364/IV/6–9 This article reported on 7 December meeting of the Council of the EEC Transport Ministers. Having agreed to a package of air transport liberalization measures which could mean cheaper air fares, EEC Transport Ministers were unable to reach an agreement on road haulage quotas and the President of the Council, Danish Transport Minister Noed Christensen, therefore decided to postpone the Council until the following week, to allow more time for Member States to settle their differences. The Council granted the Commission a negotiating mandate to hold discussions

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with Austria, Switzerland and Yugoslavia on transit problems but did not agree to spend any more money on infrastructure. Council of the European Communities General Secretariat Press Release, 21 June 1988, 7005/88 (Presse 94) Information on the Council Meeting of the Transport Ministers on 20–21 June 1988 where they adopted a Regulation on the liberalization of road haulage with a view to the creation of the single market and discussed amendments to existing Directives on roadworthiness tests and weights and dimensions of vehicles. They also discussed improvements in the shipping sector and inland waterway transport, and a proposal on harmonization of controls of social measures relating to road conclusions on Community rail policy and on negotiations with third countries on transit traffic.

Inland Waterways PE DOC A 2–85/88: Report drawn up on behalf of the Committee on Transport on inland ports in the Community. European Communities European Parliament Reports, 25 May 1988 The main reason for this report is stated as ‘the need to fill a gap—neither the Commission nor the European Parliament has dealt with the question of inland ports’. The report continues, ‘It is true that Parliament has given its view, on several occasions, on the problems of inland navigation, firstly on the matter of combating the crisis, in particular by tackling the structural problem of excess capacity, secondly by advocating that the European broad-gauge networks be defined

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and regulated, thirdly by calling for a solution to the problem of bottlenecks, and lastly by calling for support for infrastructures, with particular emphasis on the planning, construction and completion of the major intersections’. However, in practice, although the Commission has aspired to solve problems related to the functioning of the market, the fixing of prices and the social and technical aspects of inland navigation, the measures adopted so far, of which there have been few, are relatively ineffective. These measures include the following: mutual recognition of navigation certificates granted to inland shipping; a recommendation regarding the demolition of old boats and the implementation of this recommendation by the Member States, participation in drawing up a protocol; amending the Mannheim Convention, regarding access to the market in transport on the Rhine; and the establishment of technical regulations applicable to inland shipping. At the same time a number of proposals have not been implemented, in particular the proposals on taking boats out of service. The Rhine system still applies in full. And, by way of contrast, regulations have been reinforced even more in the area of relations between North and South links between the Netherlands and France. This is despite the wellknown drawbacks of the tour de role freight system, which, by restricting users’ freedom of choice, considerably hampers the movement and hence the productivity of shipping. Lastly, the Community still gives only very occasional and modest support to inland navigation infrastructures. Between 1982 and 1985 the Community financed only the conversion of the River Lys to broad gauge while ten times more was invested in both rail transport and road transport. In 1986 and 1987 not one inland navigation project was

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considered, while, under the heading of integration of the peripheral regions, funds were set aside for Greece, Ireland and Spain. As far as Portugal is concerned, consideration is being given only to the Beira Alta railway line. Navigation on the Douro, where there is an urgent need for signals and planning of the ports, was left out or forgotten altogether. Inland navigation is thus the means of transport which receives least attention. The Community intervenes very little in this area, while the States themselves dither. Inland navigation ports are the forgotten mainstays of this means of transport. The report goes on to provide an inventory of traffic through European inland ports, a comparison with seaports, a report on seaports and a proposal on inland ports, development problems, meetings, financing, facilities, etc. It concludes, ‘we criticized the views expressed on inland navigation because no mention was made of inland ports. However, navigation, being primarily concerned with the transport of goods, was seen as divorced from any plan for waterways, which, in order to make the best of their resources, require good management. There, of course, is the economic price to be paid for water intakes, the use of water for irrigation of agricultural land, flood control in order to manage the flow of rivers or canals and the need for water supplies for industry, e.g. the metal industry. At the same time, however, account must be taken of the urgent need to combat pollution, the importance of river trips, the increase in leisure and the need to ensure that projects and work done are compatible with environmental protection, and the need to restore navigation works which are an invaluable part of the national heritage but in a state of deterioration. Actions on behalf of the ports and promotion of inland navigation should be one aspect of good waterway management and should be combined with

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plans to save rivers, waterways and expanses of water, for the sake of the quality of life, if not life itself. Thus the motion for a resolution, while focusing on the ports, calls not only for the ports to be considered as part of a policy for inland navigation, but also for the policy itself to be defined and futhermore for this policy not to be divorced from what might be called an integrated waterway management scheme drawn up with a view to the establishment of a European waterway network.

Rail Networks European Report, 28 October 1987, 1352/6 This article is a report on 26 October meeting of five EEC Transport Ministers which finally approved the high-speed rail network to connect Brussels, London, Paris, Cologne and Amsterdam by 1993. Herman De Croo (Belgium), Jacques Douffiagues (France), Jurgen Warnke (West Germany), Nelie SmitKroes (Netherlands) and Paul Channon (UK), said at a press conference following the meeting that the TGV project would involve both the construction of new lines, for trains travelling at up to 300km/hour and the improvement and development of existing ones. Thus, a new line will be built between Paris and the French entrance to the Cross-Channel Tunnel, which is currently under construction, via Lille. New lines will also be built, or existing lines adapted, between the French border and Brussels, between Brussels and Liege and the German border, and between Brussels and Antwerp and the Dutch border. The existing line between Cologne and Aix-la-Chappelle will be improved for a speed of up to 200km/hour. New lines will also be built between Amsterdam and Rotterdam,

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between Rotterdam and the Belgium frontier and between London and the British entrance to the Channel Tunnel. Mr Stanley Clinton Davis, European Commissioner for Transport, welcomed the agreement to extend the French TGV system and link up Paris, London, Brussels, Amsterdam and Cologne as well as a number of regional centres such as Lille, Liege and Antwerp. He said in a statement issued on 27 October that ‘the Channel Tunnel will be a key element of this plan which fits in perfectly with the Commission’s proposals on the development of European transport infrastructures. High-speed railway technology provides a genuine opportunity for trains to become more competitive and more attractive, but the full realization of this potential can only be achieved at the dimension of the European internal market’. Railways COM(88) 12: Sixth biennial report from the Commission on the economic and financial situation of railway undertakings (1983–85). pursuant to Article 14 of Decision No 75/327/EEC. In its sixth biennial report on the economic and financial situation of the Community’s railways, the Commission has asked railway companies within the Member States for more co-operation at a Community level. The report did note that some progress had been made; several new international high quality freight services had been introduced, exchange of information had been improved, frontier handling had been speeded up and high quality Euro-City passenger trains had been put into operation. However, in their reports to the Commission on their economic and financial programmes, the rail undertaking did not identify the obstacles which stand in the way of closer co-operation between them. The Commission will be

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deciding upon possible new initiatives to be taken in this field. The EEC’s rail policy aims to: eliminate distortions in competition between the various modes of land transport; make relations between governments and their national rail companies transparent; promote all forms of co-operation between modes of transport; and develop rail infrastructure. The Commission’s biennial reports aim to establish the extent to which these objectives have been achieved, and also to establish the economic and financial positions of rail companies. In the introduction to the sixth edition the Commission stresses that the ‘opening up of national markets to road and inland waterway traffic and the deregulation of international markets in these two sectors (as well as air transport) will change rail companies’ competitive positions and will represent a new and difficult challenge for them. It will become more necessary then ever to improve the structure of supply and the quality of services offered by railways. It adds that in 1986 it made a study of aids granted to rail companies under Community provisions, and will shortly submit a report to the Council. Treat Europe as a Single Market The Commission underlines the following observations: The Commission regrets that the Belgium, Irish, Greek and Luxembourg governments have not transmitted their rail companies’ financial and operating programme to it. It understands however that the radical restructuration of rail activities under way in certain Member States makes long-term planning difficult. Nevertheless it hopes that Member States will become aware of the need not only for coordination and co-operation, but also of the importance the Commission attaches to the role that better commercial and financial planning can play in

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improving the railways’ position, to strive to apply better the provisions of the EEC’s 1975 decision. The Commission has found signs, in the programmes it has received, of a general improvement in market and sectoral studies, a very clear increase in commitments given for the future, and a general clarification of the future role rail companies will have to play in the transport market. But there is almost no mention of joint or co-ordinated action to exploit the transport market at European level. The Commission considers that in the light of the White Paper (on the creation of the large market), and at a time when the future role of railways is being questioned, it is vital to analyse market needs more rigorously, to treat Europe as a single market, to unite or co-ordinate efforts and to work out a strategic role for railways in the transport market in order to allow them to play it in tomorrow’s world. Most of the report is devoted to analyses of transport market trends and of the financial positions of rail companies. The market study says that the EEC’s internal goods transport market grew by 16% overall in 1973–1985, but that this growth was very unevenly spread among modes of transport: road transport volume rose 33% while rail transport fell by 20% and water transport fell by 6%. Rail Networks PE DOC A 2–79/87: Report drawn up on behalf of the Committee on Transport on a European high-speed rail network. European Communities European Parliament Reports, 27 May 1987 The European Parliament has already considered the development of high-speed rail transport on several occasions, both in debates on railway policy and recently during the debate on new technologies and the establishment of the internal market. It now seems

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appropriate to take up this subject once again in greater detail since several significant new factors have come into play: – the French decision to extend its high-speed rail network with a TGV Sud-Est line, – the testing of the new German experimental train by Germany Railways, – The Franco-British decision to construct a highspeed railway tunnel under the English Channel, – the phasing-in of the Rome-Florence direct line in Italy, – the fact that the Spanish Railways, with the TALGO, and British Rail, with the APT and HST trains, have joined the ‘200 km per hour club’, – finally, the culmination of the project for a highspeed rail connection between Paris, Brussels (London) and Cologne, promoted by the French, German, Belgian and Dutch governments, which could prove the ‘keystone’ of a future high-speed railway network in Europe. Road Transport COM(87) 725 final: Communication of the Commission of the social regulations in road transport, to ensure a road haulage market without distortions of competition. Commission of the European Communities Documents, 5 January 1988 It is desirable that the creation of a new market organization for intra-Community road haulage and the introduction of the right of cabotage in road transport should be accompanied by appropriate measures to avoid distortions of competition in the inland transport sector. The Council has already adopted a number of such measures, particularly in the social field.

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On 20 December 1985, the Council adopted Regulation 3820/85 on the harmonization of certain social legislation relating to road transport and Regulation 3021/85 on recording equipment in road transport. The Council also adopted a Resolution to improve the implementation of the social regulations in road transport. These regulations entered into force on 29 September 1986. Since that date eight Member States have introduced the necessary measures to comply with Community law. The Commission has so far delivered a favourable opinion on all these national implementing measures. COM(88) 49 final: Commission of the European Communities Documents, 18 February 1988. Amendments to the proposal for a Council Decision with regard to the ‘Consolidated Resolution on the facilitation of road transport’ of the United Nations Economic Commission for Europe On 15 October 1984 the Commission formally submitted to the Council a proposal for a Council Decision with regard to the ‘Consolidated Resolution on the facilitation of road transport’ of the United Nations Economic Commission for Europe (COM(84) 552 final). The aim of this proposal is to enable the European Economic Community and its Member States to act jointly with regard to this Resolution and express a number of reservations on its recommendations. The proposal is based on the Treaty establishing the EEC and its Member States but does not refer to a particular Article. As the said Resolution concerns matters falling within the jurisdiction of the Community and its Member States and as the joint action envisaged in the proposal could directly affect the achievement of the aims of the common transport policy, Article 75 of the EEC Treaty should be quoted as the legal basis for

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the proposal. accordingly.

It

should

therefore

be

amended

Transport Infrastructure COM(88) 340 final: Commission of the European Communities Documents, 16 June 1988. Proposal for a Council Regulation for an action programme in the field of transport infrastructure with a view to the completion of an integrated transport market in 1992 The proposal explains that the Commission has already sent to the Council a comprehensive programme for action in the medium term in the field of transport infrastructure. There has been a general welcome for the basic principle of Community activity in relation to infrastructure and agreement has been reached by the Council on the objectives of a policy for transport infrastructure for assessing the Community interest of projects. However, no agreement has been possible on the Commission proposal to set up a comprehensive regulation, although this is strongly supported by the European Parliament and the Economic and Social Committee. Notwithstanding the lack of formal adoption for the Medium-Term Programme it has been possible for the Council to reach agreement on specific proposals. The last of these proposals was approved at the end of 1987. The development of the Common Transport Policy before 1992 requires specific action in the field of infrastructure. For which reason the Commission puts forward this specific Regulation which is designed to link into the series of actions the Commission is undertaking to achieve this target. This regulation would have the Community powers to act in relation to a clearly defined set of priority actions that are linked closely to the traffic set of priority actions that are linked closely to the traffic needs associated with a ‘Europe without Frontiers’. The aim would be to

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provide Community support for projects whose early realization would facilitate the movement of Community goods and passengers, possibly also involving important transit routes. The objectives and criteria for the Action Programme are those that the Council has already considered and approved. The proposal goes on to list eleven articles and a list of potential projects in the twelve priority areas for the years 1988 and 1989 has been prepared and these are shown in the accompanying Annex. Transport Policy PE DOC A 2–272/87: European Communities European Parliament Reports, 1 February 1988. Report drawn up on behalf of the Committee on Transport on the transport implications of the accession of Spain and Portugal to the European Communities In its explanatory statement the report notes that Spain and Portugal acceded at a time when the EC was undergoing reorganization. The Community’s financial crisis, as well as the need to increase own resources but also to reform the Common Agricultural Policy and the structural funds had already been recognized when the Act of Accession was signed on 12 June 1985. The Single European Act, which was signed on 17 and 28 February 1986 constituted the most significant change in institutional relations in the history of the Community. It considerably broadened the bases, established by Treaty, for long-standing Community activities. The period immediately following the entry into force of the Single European Act, July 1987, will demonstrate whether decision-taking processes at Community level will be tightened up, as is desired, and whether there will be a satisfactory outcome from the financial and structural reforms under consideration. A major overhaul of transport policy is also going ahead.

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The report notes that in 1982, a quarter of a century after it was founded, the European Community was still divided into national transport markets; there was still no common transport policy. Subsequently a new process of change was set in motion with a view to establishing freedom to provide overland transport services in a common transport market by 1992. In its judgment of 22 May 1985 (1), secured by the European Parliament, the Court of Justice found against the Council for failure to act, and shortly afterwards, on 30 June 1985, the Heads of State of Government took decisions on completing the internal market. The report further notes that a common European policy on maritime transport has been made inevitable by the decline of the Community’s merchant fleet and that the initial components of a common civil aviation policy has already been agreed although this could not yet be adopted because of the problem of Gibraltar. It is stated that the accession of Spain and Portugal has thus coincided with a stepping up of efforts at Community level in transport policy and the new Member States should benefit from the fact that they need not adjust to a fully developed common policy, rather, they are in a position to be involved in the process of gradually formulating a common transport policy (excluding a number of fundamental premises). The report than goes on to list acts of fundamental significance which, as components of a common transport policy, were already in place when Spain and Portugal acceded to the European Community on 1 January 1986. In acceding to the EC, Spain and Portugal have been obliged to make major adjustments in road transport in particular, extensive changes in regulations being necessitated principally by the new social legislation and tachograph checking, together with compulsory roadworthiness testing of commercial vehicles. The report covers both transport policy in both countries

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separately in some detail before going on to cover eight motions for a resolution pertaining to the accession of Spain and Portugal to the EC. PE DOC A 2–167/88: European Communities European Parliament Reports, 26 July 1988. Report drawn up on behalf of the Committee on Transport on priorities for the common transport policy in connection with the development of the Mediterranean region This has become necessary because the Mediterranean region has acquired new significance within the Community’s transport policy as a result of Greek, Spanish and Portuguese accession to the European Community. The Mediterranean region has moved from a peripheral position to the heart of the transport network between the southerly Member States and at the same time it forms a stepping stone to the aspiring countries of North Africa and the Middle East. However the aim is not to frame a separate transport policy for the Mediterranean region. The purpose and goal of the common transport policy is to establish rules and machinery in every part of the Community that enable national transport markets to grow into a unified internal market. Geographical and national peculiarities may on occasion make a flexible approach necessary, but long-term development towards a unified market must always be borne in mind. The transport situation in the Mediterranean region is characterized by a number of distinctive features that must be taken into account in an overall blueprint for a common transport policy designed for the internal market, namely: – the remoteness of many areas from the Community’s centres of economic activity and population; – the fact that transport infrastructure is in general vastly inferior to that in the other regions of the Community;

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– the antiquated operating methods of transport companies; – the various areas are quite different from one another; – there is room for improvement as regards cooperation and the sharing out of tasks among the Community ports in the area; and – delays at border and bureaucratic difficulties create problems. The report states that the first priority for the Community’s Mediterranean states must therefore be to put into effect a policy to upgrade their infrastructure and modernize their transport companies. The Community, as part of its drive to align the Member States more closely, must take additional action to support this policy, for example in the form of greater commitment to the area by the European Investment Bank and the Regional Fund or increased consideration under new policy instruments such as the mediumterm transport infrastructure programme that is now taking shape. Unless such supporting action is taken the Mediterranean countries will not be able to close the gap between themselves and the more highly developed areas. This would mean that the common internal market would operate to the substantial detriment of the southern Mediterranean, creating the very real danger that its completion could be jeopardized by resistance in these areas. The report aims to discuss what the priorities in the implementation of the common transport policy in the Mediterranean region should be and what additional action should be taken so that the Mediterranean can play the part that benefits it in the future common transport policy. This must not herald a reversion to protectionist attitudes. Instead, optimum use must be made of specific local and regional resources and development potential. National and Community

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policy for organizing the market and on infrastructure must work together to promote balanced development. Transport policy must help to bring about genuine integration in the Community and include special action to prevent the Mediterranean from being left still futher out on a limb after a cosmetic removal of border barriers. The report goes on to review General Transport Policy, Shipping, Air Transport, Land Transport, Railways, Road Transport and Inland Waterways in the Mediterranean. It then states in a summary that ‘in view of the decisions on the completion of a free transport market by 1992 it is vital for smooth development of the transport sector in the Mediterranean region that the common transport policy should now give priority to bringing conditions of competition into line. Particular effort is necessary on shipping, where lost markets must be won back by making ports more efficient and through new forms of co-operation, for example with developing countries and on rail transport where an antiquated network must be modernized to meet the capacity and punctuality requirements or goods transport (including combined transport) in intra-Community and external trade’.

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SECTION III COMMISSION DOCUMENTS OF RELEVANCE TO TRANSPORT POLICY

76

I. COMMISSION POLICY PROPOSALS AND MEMORANDA

– not referred to in Section II. Council Regulation of 14 December 1987 on the application of Article 85(3) of the Treaty to certain categories of agreements and concerted practices in the air transport sector. Official Journal of the European Communities Legislation, 31 December 1987, 3976/87. Council Directive of 14 December 1987 on fares for scheduled air services between Member States. Official Journal of the European Communities Legislation, 31 December 1987, 87/601/87. Council Decision of 14 December 1987 on the sharing of passenger capacity between air carriers on scheduled air services between Member States and on access for air carriers to scheduled air-service routes between Member States. Official Journal of the European Communities Legislation, 31 December 1987, 87/602/87. Amendment to the proposal for a Council Directive amending Directive No 83/416/EEC concerning the authorization of scheduled interregional air services for the transport of passengers, mail and cargo between Member States. Official Journal of the European Communities Information and Notices, 25 March 1988, 88/C78/08.

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Proposal for a Council Recommendation on a flexible and efficient use of airspace. This calls upon the Member States to reconsider the use of airspace by both civil and military aircraft. Official Journal of the European Communities Information and Notices, 10 February 1989, 89/C34/15. Proposal for a Council Regulation on a code of conduct for computerized reservation systems (CRS) in air transport. The Regulation is to apply to systems offered for use and/or used in the Community and includes procedures for dealing with complaints for nonobservance. Official Journal of the European Communities Information and Notices, 18 November 1988, 88/C294/08. COM(88) 286 final: Proposal for a Council Directive amending Directive No 85/3/EEC on the weights, dimensions and certain other technical characteristics of certain road vehicles. COM(88) 719 final: Commission communication concerning a report on the use and safety aspects of articulated buses. The report details the technical specifications of articulated buses as well as general road safety aspects. COM(87) 182 final: Final report from the Commission on the transport of dangerous goods and wastes. COM(88) 339 final: Proposal for a Council Directive on vocational training for certain drivers of vehicles carrying dangerous goods by road. COM(87) 351 final: Proposal for a Council Regulation on a Community programme in the field of information technology and telecommunications applied to road transport—DRIVE (Dedicated Road Infrastructure for Vehicle Safety in Europe). Council Decision of 29 June 1988 on a Community programme in the field of road transport informatics and telecommunications—DRIVE (Dedicated Road Infrastructure for Vehicle Safety in Europe). Official

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Journal of the European Communities Legislation, 30 July 1988, 88/416/EEC. COM(88) 705/Revision final: Proposal for a Council Directive on the driving licence. This proposal recognizes that important differences continue to exist between the national laws regarding vehicle categories, the period of validity of driving licences and standards for driving tests and licences in each Member State. Provisions are made for handicapped drivers and licence holders who change their country of origin. Council Regulation of 27 April 1989 amending Regulation No 1107/70 on the granting of aids for transport by rail, road and inland waterway. Official Journal of the European Communities Legislation, 28 April 1989, 1100/89. COM(88) 800 final: Proposal for a Council Regulation on the elimination of controls performed at the frontier of Member States in the field of road and inland waterway transport. In preparation for 1992, specified national and Community measures will no longer be performed at the frontier of Member States but moved to the interior of each territory instead. It is proposed that this will commence on 1 January 1990. Council Directive of 9 November 1987 on access to occupation of carrier of goods by waterway in national and international transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation. Official Journal of the European Communities Legislation, 12 November 1987, 87/540/EEC. Proposal for a Council Regulation on structural improvements in inland waterway transport. This provides for measures to reduce the structural overcapacity in this sector by means of scrapping schemes and supporting measures to avoid aggravation of existing overcapacity or the emergence of further overcapacity. Vessels operating exclusively in national markets, very small or sea-going vessels are to be

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excluded. Official Journal of the European Communities Information and Notices, 22 November 1988, 88/C297/12. Council Regulation of 27 April 1989 on structural improvements in inland waterway transport. The measures laid down in the Regulation are aimed at reducing structural capacity in this sector by means of scrapping schemes co-ordinated at Community level. Official Journal of the European Communities Legislation, 28 April 1989, 1101/89 Commission Directive of 17 May 1988 on the adaptation to technical progress of Directive No 77/ 649/EEC on the approximation of the laws of the Member States relating to the field of vision of motorvehicle drivers. Official Journal of the European Communities Legislation, 12 July 1988, 88/366/EEC. COM(88) 111 final: Proposal for a Council Regulation on structural improvements in inland waterway transport. It includes an impact statement on small firms and employment. COM(87) 31 final: Proposal for a Council Regulation laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State. Council Directive of 13 April 1989 on the approximation of the laws of the Member States relating to the lateral protection (side guards) of certain motor vehicles and their trailers. The annex lays down the necessary amendments to the technical requirements for lateral protection. Member States must bring into force the provisions necessary to comply with this Directive by 30 October 1989. Official Journal of the European Communities Legislation, 5 May 1989, 89/297/EEC. COM(88) 739 final: Details of the ninth synoptic report on the transposed annual accounts of railway undertakings (1985).

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Council Directive of 26 July 1988 amending Directive No 77/143/EEC on the approximation of the laws of the Member States relating to the roadworthiness tests for motor vehicles and their trailers. Official Journal of the European Communities Legislation, 12 August 1988, 88/449/EEC. Proposal for a Council Directive on the approximation of the laws of the Member States relating to compulsory use of safety belts in motor vehicles of less than 3.5 tonnes. This is to harmonize the laws of the use of safety belts and provides for certain exemptions, for example pregnant women, taxi drivers, the emergency services and all drivers when reversing or parking. The wearing of rear seat belts is also covered. Official Journal of the European Communities Information and Notices, 23 November 1988, 88/C298/05. COM(88) 707 final: Proposal for a Council Directive relating to the maximum permitted blood alcohol concentration for vehicle drivers. This Proposal sets a level of 0.50mg per ml of blood for drivers of powerdriven vehicles with three or more wheels and riders of power-driven two-wheel vehicles, throughout the Member States. COM(88) 704 final: Communication from the Commission on road safety: a priority for the Community. This examines the Commission’s achievements in this field over the last few years and proposes three new initiatives which will complete the package of road safety measures. These concern driving licence qualifications, speed limits for commercial vehicles and buses and blood alcohol levels in drivers and are considered key issues in driver behaviour. Commission Directive of 28 March 1989 adapting to technical progress Directive No 76/756/EEC on the approximation of the laws of the Member States relating to the installation of lighting and

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light-signalling devices on motor vehicles and their trailers. Official Journal of the European Communities Legislation, 20 April 1989, 89/278/EEC. COM(87) 716 final: Proposal for a Council Directive on the charging of transport infrastructure costs to heavy goods vehicles. COM(87) 725 final: Communication of the Commission on the social regulations in road transport, to ensure a road haulage market without distortions of competition. COM(88) 726 final: Fifteenth report by the Commission on the implementation in 1985 of Regulation No 543/69 of 25 March 1969 on the harmonization of certain social legislation relating to road transport. This report gives a summary of the information supplied by the Member States on the implementation of the above Regulation including the organization and number of road checks, infringements and penalties incurred. Proposal for a Council Directive amending Directive No 77/536/EEC on the approximation of the laws of the Member States relating to the roll-over protection structures of wheeled agricultural or forestry tractors. The scope of the Directive is extended to cover tractors up to 6 tonnes mass and to add a procedure for its adaption to technical progress. Official Journal of the European Communities Information and Notices, 17 December 1988, 88/C324/12. COM(88) 626 final: Proposal for a Council Directive amending Directive No 86/298/EEC on rear-mounted rollover protection structures for narrow-track wheeled agricultural and forestry tractors. The amendments add an additional test to those permitted and alter the procedure for adapting the Directive to technical progress. Council Regulation of 8 July 1985 introducing Community export and import declaration forms.

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Official Journal of the European Communities Legislation, 11 May 1985, 1900/85. COM(85) 611 final: Proposal for a Council Regulation laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State. Council Directive of 19 July 1968 on the standardization of provisions regarding the duty-free admission of fuel contained in the fuel tanks of commercial motor vehicles. Official Journal of the European Communities Legislation, 23 July 1968, 68/ 297/EEC. Council Regulation of 9 June 1986 abolishing certain postal fees for customs presentation. Official Journal of the European Communities Legislation, 12 June 1986, 1797/86.

84

II. OTHER COMMISSION DOCUMENTS

A report from the Economic and Social Committee calling for action to establish a Common Rail Policy. Official Journal of the European Communities Information and Notices, 21 April 1987, 87/C105/07. Report drawn up on behalf of the Committee on Transport on Road Safety Year 1986: progress and prospects. European Communities European Parliament Reports, 18 May 1987, PE DOC A 2–48/87 Report drawn up on behalf of the Committee on the Environment, Public Health and Consumer Protection on the protection of pedestrians and the European Charter of Pedestrian’s Rights. European Communities European Parliament Reports, 15 July 1988, PE DOC A 2–154/88 Corrigendum to the report drawn up on behalf of the Committee on Transport on a European high-speed rail network. European Communities European Parliament Reports, 15 September 1987, PE DOC A 2–79/87/Corrigendum

86 TRANSPORT POLICY

Report drawn up on behalf of the Committee on Transport on air freight in the Community. European Communities European Parliament Reports, 15 September 1987, PE DOC A 2–244/87 Report drawn up on behalf of the Committee on Transport on transport for handicapped and elderly people. European Communities European Parliament Reports, 2 July 1987, PE DOC A 2–112/87. Report drawn up on behalf of the Committee on Economic and Monetary Affairs and Industrial Policy on the European aeronautical industry. European Communities European Parliament Reports, 17 July 1987, PE DOC A 2–125/87. Report drawn up on behalf of the Committee on transport on the proposal for a Regulation for an action programme in the field of transport infrastructure with a view to the completion of an integrated transport market in 1992. This includes a list of proposed projects which may be supported under the action programme with such an integrated transport market in view. European Communities European Parliament Reports, 27 September 1988, PE DOC A 2–187/88. Observation of transport markets: annual report for 1987. This makes an assessment of the general market and of the following specific sectors: roads, inland waterways, railways and combined transport. It includes numerous tables of statistics and graphs.

87

Europa Transport, 92–825–9092–5.

November

1988,

ISBN

European File, January-February 1989, 2/89—Background information on air transport and aeronautics. Issues discussed include: civil aviation and aeronautical research.