Tag Archives: Goods

Goods: Non-resident carriers in the national market

Goods: Non-resident carriers in the national market

Outline of the Community (European Union) legislation about Goods: Non-resident carriers in the national market

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for services

Goods: Non-resident carriers in the national market

Document or Iniciative

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

Summary

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

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

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

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

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

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

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

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

Background

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

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 3118/93 1.1994 OJ L 279, 12.11.1993
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 3315/94 1.1.1995 OJ L 350, 31.12.1994
Regulation (EC) No 484/2002 19.3.2002 OJ L 76, 19.3.2002

Related Acts

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

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

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

Suspension of import duties on certain weapons and military equipment

Suspension of import duties on certain weapons and military equipment

Outline of the Community (European Union) legislation about Suspension of import duties on certain weapons and military equipment

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Customs

Suspension of import duties on certain weapons and military equipment

Document or Iniciative

Council Regulation (EC) No 150/2003 of 21 January 2003 suspending import duties on certain weapons and military equipment [Official Journal L 25 of 30.01.2003].

Summary

The Customs Union requires the consistent application of the Common Customs Tariff. It is in the interests of the Member States and the Community for the armed forces of the Member States to be equipped with the most technologically advanced weapons and military equipment available. Given that some of these weapons and military materials are supplied by third countries, it would be advisable to eliminate customs duties on these products, subject to certain conditions, and to set up common rules for these exemptions. This Regulation lays down the necessary conditions for the autonomous suspension of import duties on goods imported by or on behalf of the authorities in charge of defence in the Member States.

Suspension of duties.

The Regulation provides for the duties of the Common Customs Tariff applicable to weapons and military materials to be suspended, on condition that the goods are used by or on behalf of the armed forces of a Member State, for example in the territorial defence of Member States, participation in international peace keeping or other missions, e.g. the protection of European citizens. Annex I of the Regulation lays down the list of goods which are eligible for this exemption. Any material that is not listed in Article 2 and in the annexes is subject to customs duties, even if it is imported by the armed forces of a Member State.

Goods concerned.

3.The goods on which the duties are suspended are arms and ammunition, including parts and accessories, certain rare gases, explosives, detonators, certain photographic materials and certain chemical products.

The Regulation also applies the suspension of customs duties to imported parts, components and sub-assemblies that are to be incorporated into or fitted to the goods in the annexes or which are necessary for training or testing.

Private companies.

Private companies established in the EU will only be able to import the goods duty-free provided that that they manufacture the relevant military equipment, and that they supply final products to the authorities in charge of defence in the Member States. All other uses are liable for customs duties.

PROCEDURES AND CONTROLS

Certificate.

The request for entry for free circulation of these goods must be accompanied by a certificate issued by the competent authority of the Member State for whose armed forces the goods are destined. The model for this certificate is reproduced in Annex III to the Regulation. It is to be submitted to the customs authorities of the importing Member State with the goods to which it refers.

Military confidentiality.

To ensure military confidentiality, the Regulation lays down a specific administrative procedure for granting duty suspension, namely the authorities responsible for national defence may deliver the certificate instead of the customs services. The authorities must be notified accordingly.

Customs supervision.

The goods concerned are subject to end use conditions laid down by the Community Customs Code, i.e. their use will be supervised. Customs supervision of the end use ends three years after the date of release for free circulation.

For the purposes of customs supervision, the competent authority delivering the certificate or using the goods must notify the customs authorities of its Member State of any diversion of the goods from the use specified in the Regulation.

Exchanging information.

The names of the authorities authorised to issue the certificate must be communicated to the Commission by the Member States. The Commission will forward this information to the customs authorities of the other Member States.

The Member States must inform the Commission of the administrative implementation of the Regulation, and send information each year to the Commission on the number of certificates issued, together with the total value and gross weight of goods imported under the Regulation.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 150/2003 31.1.2003 OJ L 25 of 30.1.2003