Transport Policy

SPICERS EUROPEAN POLICYREPORTS

European Internal Market PolicyKevin Featherstone

The Food SectorStephen Fallows

Youth PolicyGordon Blakely

Regional PolicyColin Mellors/Nigel Copperthwaite

Employment PolicyMargareta Holmstedt

Small and Medium Sized EnterprisesKenneth Dyson

Transport Policy

Compiled by

Kerry Hamilton

Published by Routledgein association with the University of

Bradford and Spicers Centrefor Europe Ltd

First published 1990by Routledge in association with the University of Bradford and

Spicers Centre for Europe LtdRoutledge

11 New Fetter Lane, London EC4P 4EEThis edition published in the Taylor & Francis e-Library, 2005.

“To purchase your own copy of this or any of Taylor & Francis orRoutledge’s collection of thousands of eBooks please go to

www.eBookstore.tandf.co.uk.”Simultaneously published in the USA and Canada

by Routledgea division of Routledge, Chapman and Hall, Inc.

29 West 35th Street, New York 10001© 1990 University of Bradford/Spicers Centre for Europe LtdAll 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

storageor 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 CommunitiesI.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 Datahas been applied for

0-415-038316

CONTENTS

Foreword 1

The European Community: ItsRole, Institutions, andLegislation

7

SECTION I Introduction 13

Conclusion 41

Summary of Specific TreatyArticles which Guide the CTP

43

References 47

SECTION II Key Documents on Transport 51

Summaries of Key EECDocuments on theDevelopment of TransportPolicy in the EEC

53

SECTION III Commission Documents ofRelevance to Transport Policy

75

Commission Policy Proposalsand Memoranda

77

Other Commission Documents 85

vi

FOREWORD

This volume is one of a series offering an informedguide to particular policies and programmes of theEuropean Community. They are intended for theintelligent reader as well as for the specialist. Theyassume no prior knowledge of the EuropeanCommunity, but they each offer a comprehensive andup-to-date guide to what the Community is doing, orproposes to do, in important areas of economic, socialand political life. The volumes should appealespecially to those involved in business and commerce,public administration, and education.

The volumes guide the reader through the maze ofEuropean Community legislation and policy proposals.Their main concern is with the official documents ofthe European Community institutions: helping thereader to understand Community policies andproposals. By doing so, each volume offers the reader asingle reference source, collating all the essentialinformation the reader needs to understand what isgoing on.

Each volume is structured so as to offer easy accessto the specific information needed. A preliminary noteexplains what the European Community is and how itoperates. Each volume focuses on a distinctive policyarea, and SECTION I introduces the reader to EuropeanCommunity action in that sphere. It explains howCommunity policy has evolved, the problems currently

being confronted, and what is proposed for the future.SECTION II highlights the key documents andproposals in the policy area, giving extensivesummaries of each of them. Finally, SECTION IIIprovides a comprehensive listing of all the relevantCommunity documents in this policy sphere, with fullbibliographical details and a brief note as to theircontent.

As the reader progresses through each volume, heor she will have been guided from the general to thevery specific, and from little or no knowledge to aninformed picture of developments in the policy sphereconcerned. Moreover, the information has beenstructured so as to allow the more specialist reader topursue particular inquiries yet further: the volumesguide the reader to the policy documents specific tohis/her interest.

With the drive to complete the single internalEuropean Community market by the end of 1992, moreand more attention will be focused on Communitypolicies and actions. By the end of this century, theEuropean Community will be playing a moreprominent part in the lives of its citizens and in a waywhich will have ramifications in other parts of theworld also. The European Community is already animportant actor on the world stage, and it will be evenless possible to ignore it in the 1990s. This series ofpolicy guides is designed to provide the informationthat is and will be needed to respond to this changingworld. High-quality information is the key to effectiveaction.

This series has been produced by the EuropeanBriefing Unit at the University of Bradford (UK)together with Spicers Centre for Europe Limited, amember of Spicer and Oppenheim International. Thecollaboration between these two bodies has broughttogether a team of specialist writers expert in thevarious policy spheres covered by the volumes. Each

2 TRANSPORT POLICY

writer is actively engaged in the study and research ofthese policy areas, and each has long experience incommunicating their skills to the lay audience. Theseries has been co-ordinated by Amanda Deaville(Spicers) and Kevin Featherstone (Bradford).

Both the European Briefing Unit (EBU) at theUniversity of Bradford and Spicers Centre for Europehave an active interest in promoting knowledge andawareness of the European Community. The EBU islocated in the Department of European Studies at theUniversity of Bradford: the Department is the largest ofits kind in the UK, and is actively involved in bothteaching and research at all levels. The EBU wascreated in 1988 as a public resource, operating on anon-profit and open access basis. It acts as a neutralforum for the purpose of disseminating and advancingrelevant knowledge about the Single European Market;new trading and business opportunities in Europe; theEuropean Community’s Structural Funds andtechnology programmes; the external trade, businessand political relations of the EC; and the social,cultural and educational implications of Europeanintegration. The EBU exists to serve the needs ofindustry, commerce and public authorities as well asthose of the University itself and other educationalbodies. The EBU has established close collaborativelinks with a number of relevant bodies across differentsectors so as to promote its activities.

Spicers Centre for Europe Ltd is a privately basedorganization serving the needs of its commercialclients. It offers expert EC advice and information toboth private and public sector organizations andenterprises. It assists its clients in obtaining fundingfrom EC sources, and it keeps them informed as to thechanges in EC policy which might affect theirinterests. It advises organizations on how they mightrespond to the opportunities and challenges of the EC,by reviewing corporate strategies. It also offers a

TRANSPORT POLICY 3

business information service based on its own and ECdata bases, involving the Tenders Electronic Daily database (TED) and the Business Co-operation Networkdata base (BC-NET). As a member of Spicer andOppenheim International it is linked to an organizationwhich has 250 offices in more than fifty countriesthroughout the world.

The collaboration between the EBU and Spicers isintended to produce a continuing series ofpublications to inform both specialist and layaudiences about the role and impact of the EuropeanCommunity. Readers of these volumes are invited tocontact either body directly if they have any commentsto make on the volumes, or if they would like to knowmore about the activities of either organization.

Both the EBU and Spicers would like to record theirgratitude to Alan Jarvis (Routledge) for his support andpatience in dealing with this publishing venture.Moreover, progress would have been more difficult hadit not been for the efficient typing, by Christine Pratt ofSpicers. More generally, thanks go to the full team ofwriters and assistants involved in this project for theirwillingness to see it succeed.

Kevin FeatherstoneGeneral Editor

4 TRANSPORT POLICY

Contact addresses:

The European Briefing UnitUniversity of BradfordBradford BD7 1DPUnited Kingdom

Telephone: 0274–733466Telex: 51309 UNIBFD GFax Number: 0274 305340

Spicers Centre for Europe LimitedGround Floor10–12 East ParadeLeeds LS1 2AJUnited Kingdom

Telephone: 0532 442629Telex: 557890 EUROPE GFax Number: 0532 449909

TRANSPORT POLICY 5

6

THE EUROPEANCOMMUNITY: ITS ROLE,

INSTITUTIONS, ANDLEGISLATION

The European Community (EC) represents a uniquedevelopment in the world: a new structure of relationsbetween states. It has often been referred to as ‘theCommon Market’ because it is a single trading entity:goods moving between the member countries are notsubject to tariffs, while imports from the rest of theworld enter under uniform conditions. But it is muchmore than that: it plays an important political andsocial role, in addition to its economic purposes.Moreover, the EC is set to develop much further in the1990s.

In the 1958 Treaty of Rome, a commitment was madeto seeking in the long-term ‘an ever closer unionamong the peoples of Europe’, an ambitious objectivewhich it has found difficult to realise. However, theSingle European Act which came into force in July1987 provides for an expansion of the EC’s politicalrole and for the completion by the end of 1992 of afully integrated, barrier-free internal market.

The ‘European Community’ actually stems fromthree Communities: the European Coal and SteelCommunity (ECSC) established in 1952; the EuropeanEconomic Community (EEC) which came into being in1958; and, the European Atomic Energy Community(Euratom) which also began in 1958.

The original Member States of each of these threeCommunities were Belgium, France, the Federal

Republic of Germany, Italy, Luxembourg and theNetherlands. Successive enlargements of theCommunities have increased their membership fromsix to twelve: Denmark, Ireland and the UnitedKingdom joined as of 1 January 1973; Greece on 1January 1981; and Portugal and Spain on 1 January1986. The population of the EC is now 320 million,greater than that of the USA (234 million), the SovietUnion (269 million), or Japan (119 million). Its GrossDomestic Product per head is significantly lower thanthat of either the USA or Japan. However, theCommunity today is the world’s largest trading power,accounting for almost 20% of world trade.Economically and politically, the EC dominatesWestern Europe, and it has established importantrelations with countries across the world.

Policy making in the EC involves the Commission,the Council of Ministers, the European Parliament, andthe Economic and Social Committee, with theadjudication of the Court of Justice and the Court ofAuditors. In addition, the European Investment Bank(EIB) was established by the Treaty of Rome as thebank for financing capital investment promoting thebalanced development of the Community.

Until 1967, the three original Communities hadseparate Councils of Ministers and executiveCommissions (known as the ‘High Authority’ in theECSC). By contrast, the European Parliament and theCourt of Justice have been common to the ECSC, EECand Euratom since 1958. From 1967 onwards there hasbeen a single Commission and a single Council,simplifying the overall structure.

The three most important policy-making institutionsof the EC today are the Council of Ministers, theCommission and the European Parliament. Since 1974,they have been joined by the ‘European Council’, abody given formal status by the Single European Act.The European Council is the term given to the summit

8 TRANSPORT POLICY

meetings of the heads of government (and of state inthe case of France) of the EC countries. It has nolegislative power, rather its purpose is to place currentissues in a more general perspective and to giveimpetus to those initiatives that it regards as prioritiesfor action. Until 1985, it met three times a year, butthis has since been cut back to twice a year. ThePresidency of the European Council and of the Councilof Ministers rotates between the member governmentsat six-monthly intervals. The European Councilmeetings are usually held in the country holding thepresidency.

The Council of Ministers’ headquarters isin Brussels, where the Commission is also based. TheEuropean Parliament, by contrast, currently holds itsplenary sessions in Strasbourg, most of its committeemeetings in Brussels, whilst its permanent staff arebased in Luxembourg. This rather awkwardcompromise remains a source of controversy.

EC legislation is determined by the three maininstitutions—the Council of Ministers, theCommission, and the European Parliament—with theEconomic and Social Committee offering its advisoryopinion. The Commission acts as the initiator oflegislation and as the executive authority responsiblefor implementing it. Legislation is finally enacted afterit has been approved by the Council of Ministers,either acting unanimously or by a qualified majority. Ithas been estimated that, as a result of the SingleEuropean Act, two-thirds of the internal marketproposals will be covered by majority voting. TheCouncil’s legislative role has been further amended bya new ‘Co-operation Procedure’ established by theSingle European Act, which gives increased powers tothe European Parliament. This provides, inter alia, forthe Parliament to be able to reject the Council’s initialresponse to a Commission proposal, and the Councilcan then only pass the proposal into law if it acts

TRANSPORT POLICY 9

unanimously (Art. 149:2c of the EEC Treaty asamended). Prior to the Single European Act, theParliament already had the final say over the annualEC budget, though its scope for manoeuvre onexpenditure is set within limits.

Some description of each institution is necessary.The Council of Ministers is made up of representativesof the governments of the twelve Member States. Eachgovernment normally sends one of its ministers. Itsmembership thus varies with the subjects down fordiscussion. The Foreign Minister is regarded as hiscountry’s ‘main’ representative in the Council, butMinisters for Agriculture, Transport, Economic andFinancial Affairs, Social Affairs, Industry, theEnvironment and so on also meet frequently forspecialized Council meetings and sometimes sitalongside the Foreign Ministers. The Council issupported by a large number of working parties and bya Committee of Permanent Representatives(COREPER). COREPER is composed of the variousnational ‘ambassadors’ to the EC.

The Commission consists of seventeen members,appointed by agreement between the membergovernments. Throughout their four-year term ofoffice, Commissioners are required to remainindependent of national governments. An individualCommissioner cannot be sacked: the Parliament canpass a motion of censure compelling the Commissionto resign en bloc.

The European Parliament is the world’s first directlyelected international assembly. It was first directlyelected in 1979: it was previously composed ofnominated national parliamentarians. The Parliamentserves five-year terms and currently has 518 members(MEPs).

The Court of Justice, based in Luxembourg, acts asthe supreme court of the EC. It should not be confusedwith the European Court of Human Rights in

10 TRANSPORT POLICY

Strasbourg, which is not an EC body. The Court ofAuditors began operating in 1977 and, as its namesuggests, it audits the EC accounts. The Economic andSocial Committee is an advisory body of 189 members,representing various sectors of economic and sociallife, 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 theCommission brings forward proposals for legislation,the outcome of which will be variously determined bythe Council and the Parliament. ‘Primary legislation’ ofthe EC is embodied in the treaties; ‘Secondarylegislation’ is derived from the treaties in the form of‘Regulations’, ‘Directives’ etc. The EC represents adistinct legal system, and its strongest form oflegislation is superior to national law.

When acting under the Treaty of Paris (ECSC), theCommission can take decisions, makerecommendations or issue opinions. Decisions arebinding in their entirety; recommendations are bindingas to the ends but not as to the means; opinions are notbinding. The Council acts in ECSC affairs mainly at therequest of the Commission, either stating its opinion onparticular issues or giving the assent without which, incertain matters, the Commission cannot proceed. TheCommission’s ECSC decisions are mostly addressed toindividual persons, firms or governments but they mayalso lay down general rules, since the Commissiondoes also have general rulemaking powers.

When acting under the Rome Treaties (EEC andEuratom), the Council and the Commission issueregulations, directives, decisions, recommendationsand opinions. Regulations are of general application:they are binding in their entirety and applicable in allMember States. Directives are binding on the Member

TRANSPORT POLICY 11

States to which they are addressed as regards theresults to be achieved, but leave the form and methodsof achieving it to the discretion of the nationalauthorities. Decisions may be addressed to agovernment, an enterprise or a private individual; theyare binding in their entirety on those to whom they areaddressed. Recommendations and opinions are notbinding.

The discrepancy in terminology between the ParisTreaty and the two Rome Treaties is confusing. AnECSC ‘recommendation’ is a binding enactmentcorresponding to the EEC and Euratom ‘directive’,whereas an EEC ‘recommendation’ is not binding andis not stronger than an ‘opinion’. When examining thecurrent progress of EC legislation in non-ECSC policyareas, the reader typically focuses on Commissionproposals (e.g. for a directive) to be agreed by theCouncil of Ministers (subject to the differential powersof the European Parliament).

It is clear from the above that the EC today is animportant actor in international relations, enjoyingboth political and economic significance not only forits domestic citizens but also for those in othercountries.

12 TRANSPORT POLICY

SECTION I

INTRODUCTION

14

INTRODUCTION

Transport problems in the EC are largely aconsequence of its geography. The EC has an area of 2,225,000 sq km and a population of 320.4 millionpersons. This gives an average population density of142 inhabitants per square kilometre. In order to caterfor the needs of such a dense but unevenly distributedpopulation a Common Transport Policy (CTP) hasexisted since the formation of the EEC in 1957.

It should be remembered that the EC itself has nooverriding geographical logic. As a group of countriesit has expanded gradually from six in 1957 to twelve in1986. This has left large and important areas such asthe Scandinavian countries, Austria and Switzerlandoutside the Community although they still need to betraversed in Community links with Italy and Denmark.Policy decisions on issues such as international roadand rail haulage and inland waterway travel aretherefore made more difficult as they require thecooperation of non-Member States.

Transport policy in most European countries is acombination of hundreds of years political andhistorical evolution and of general national attitudes toissues such as regulation, state intervention, socialconcerns and infrastructure. In most EC countries thereis a geographical division of responsibility in transportmatters with the state providing the general framework

but leaving considerable room for local interpretation.Under these circumstances transport policy cannot beunderstood without some knowledge of therelationship between local and national authorities andthe geographical allocation of power within anyone state.

The great variety in local and national approaches totransport policy within the EEC go some waytowards explaining why harmonization of EECtransport policies has proved so difficult.

The Common Transport Policy (CTP)

Article 3(e) of the EEC Treaty of Rome (1) states thatone of the objectives of the EC is the adoption of acommon transport policy. Title IV of part two(Foundation of the Community) of the Treaty devoteseleven articles (74 to 84) to transport. Like agriculture,transport holds a special status as one of thefoundations of the Community and was seen at theoutset as both a means of achieving Europeanintegration and of accelerating economic development.Later it became equally significant in thinking aboutregional development and transport spending began tofigure prominently in the activities of the EuropeanRegional Development Fund.

According to Whitelegg (2), transport policy in theEC has from the outset been based on the followingseries of implicit assumptions:

1. Transport infrastructure improvements willgenerate benefits in the form of economicdevelopment.

2. Fostering free competition and freeing the operatorfrom restrictive regulations will improve efficiency.

3. Improving journey times is the same as improvingtransport provision.

16 TRANSPORT POLICY

The underlying philosophy of the CTP is thus onewhich reinforces the importance of free-marketmechanisms.

Since 1957 the CTP has shifted focus several timesalthough it retains a strong ideological base infreemarket thinking. The first major document whichset down clear EC transport principles and guidelinesfor actions was the Schaus Memorandum of 1961(3).This memorandum, which was followed by an ActionProgramme in 1962, was intended to initiatediscussions on the options open to a CTP. However,much of this Action Programme was later abandoned.Despicht (4) has summarized the achievements of theCPT from 1958 to 69 as:

– establishing a procedure of consultation on nationaltransport policies;

– implementing the Treaty of Rome on discriminationpractices;

– introducing rules of competition for the transportsector, together with a reduced Community quotafor road haulage and a forked-tariff regime confinedto road haulage for an experimental period only; and

– introducing measures to reform the structure ofinland transport, in particular for rationalizingrailway operations and for a new system ofallocating infrastructure costs.

Following the addition of three new members(Denmark, the UK and Ireland) to the EC in 1973, theEEC Commission set out a new action programme. In aCommission communication in 1973 (5) it stated that‘the most important ingredient in this modifiedapproach was emphasis on the integration of thenational transport system which requires Communityaction in the planning and financing of the transportnetwork and in the organization of the transport

TRANSPORT POLICY 17

market with the ultimate aim of achieving the optimaluse of resources employed in the transport sector’.

The programme of action accompanying this 1973communication emphasized the urgent need to cometo grips with:

– the development of an optimal transport network inaccordance with an agreed master plan;

– the imputation of the costs of using the transportinfrastructure;

– definition of the role of the railways in the futuretransport system and solution of their financialproblems; and

– progression in the development of inland transportmarkets.

However very little progress was made with regardto these needs and by 1978 the European Parliamentwas threatening to take the Council before theEuropean Court of Justice. By March 1981 the Councilhad converted some Commission proposals into aResolution which laid down ten new principal pointsfor 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;

18 TRANSPORT POLICY

– continuation of the work in hand on sea and airtransport in accordance with the conclusionsreached by the Council in its previous meetings; and

– solutions to the problems likely to arise inconnection with intra-Community transit via non-member countries.

A lack of progress in advancing these aims eventuallyled, in 1983, to the European Parliament taking theCouncil of Ministers to the European Court of Justice.In May 1985, the Court ruled that the Council hadinfringed the Treaty of Rome by ‘failing to ensurefreedom to provide services in the sphere ofinternational transport and to lay down the conditionsunder which non-resident carriers may operatetransport services in a Member State’.

Another communication was also issued by theCommission in 1983 and this was said by Erdmenger(6) to pursue ‘the same ultimate objectives as thememorandum of 1961 and communication of 1973,which regards an efficient transport system as a crucialpart of the establishment and further development ofthe internal market, and as being indispensable toeconomic 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 underCouncil Regulation 3164/76. They allow unlimited journeyswithin the Community over one year, accounting for lessthan 5% of total intra-Community road haulage and less than1% of total road haulage. Each state has a quota, and isresponsible for its own allocation procedures. These permitsallow transport between Member States but not cabotage.(Cabotage is the ability of a road haulier from one country tooperate within another country which is the country ofdestination or en route to a third country).

TRANSPORT POLICY 19

measures provided for under the Single European Actwould be implemented by the end of 1992, the Councilrestated its ‘strong determination to do everything toensure that the objectives set by the Single EuropeanAct are attained within the prescribed period’.

During 1987 and 1988 the Community’s two maintransport policy objectives were the freedom to provideservices and the removal of distortions of competition.

Considerable progress was made on civil aviation. InDecember 1987 the Council adopted a package ofmeasures which heralded a major change in this sectorand which should have a real and beneficial effectwhere European citizens and the civil aviationindustry in Europe are concerned. On inland transportlimited progress was also achieved, in particular as aresult of the increase in the Community quota* for1987, the adoption of a Directive on access to theoccupation of inland waterway operator and theopening of negotiations on transport with certain non-Community countries was delayed. Lastly, pursuant tothe December 1986 Regulations on shipping, theCouncil adopted two Decisions, one concerningmaritime transport with West African and CentralAfrican states and the other authorizing Italy to ratifyan agreement with Algeria. The latter Decision is thesubject of a Commission appeal to the Court of Justiceunder Article 173 of the EEC Treaty.

The Commission has also presented further proposalswith a view to completing the single transport marketby 1992.

Channel Tunnel

The European Parliament drew up a report on theChannel Tunnel in March 1988 (8) which welcomedthe decision by the French and UK governments toapprove the Eurotunnel Project (EP). The EP

20 TRANSPORT POLICY

Committee on Transport believes that the creation of afixed link, which should be part of the Communityinfrastructure development programmes, will facilitateand therefore encourage intra-Community trade,transform travel patterns and generate more cross-Channel traffic, encourage the free movement ofworkers and increase job creation in the nearestcountries.

The Committee further believes that the will, bywidening consumer choice, be of benefit to those whoseek to travel between the UK and other Communitycountries, provided that direct high-speed rail links aretaken into consideration. The environmental benefitswhich should result from encouraging more freighttraffic to go by rail were welcomed by the Committeeas was the fact that the construction of the ChannelTunnel will be financed by both private and publicfunds, thus leaving money to be spent on otherCommunity tasks. It called on the Commission to takeaccount of the need for adaptation of its medium-terminfrastructure programme in view of necessaryimprovements in infrastructure on both sides of theTunnel.

In recognizing that the opening of the Tunnel maycreate a rationalization of the ferry network theCommittee urged authorities to consider how socialmeasures and incentives to new economic activity canhelp to overcome the problems which may be created.It also considered that, in view of the increasedmobility that will result from the construction of theTunnel, it is imperative that the elimination of controlsat the Community’s internal frontiers should apply tothe UK.

The Committee concluded that the construction of apermanent fixed link between the UK and theContinent is an event of major political importance andexpects the creation of the Channel Tunnel to improvehuman contacts and to encourage greater mobility

TRANSPORT POLICY 21

within the Community, strengthening the geographicalconnection and making the concept of Europeanintegration more tangible for the citizens of the EC.

Common Air Transport Policy

After numerous meetings on civil aviation the Councilreached an agreement, in December 1987, on a packageof measures concerning fares, capacity, market accessand competition in this sector (9). The measures inquestion are likely to have a major impact on airtransport in Europe, enabling the airlines to offer moreattractive cheaper rates based on commercial criteria.Where services are concerned, the airlines will be ableto react more flexibly to traffic trends. The newmarketaccess provisions should promote theestablishment of new services and the opening of newlines.

These measures constitute a first step towards acommon air-transport policy in Europe. The mainobjectives of this policy are gradual deregulation, veryhigh safety standards and a common approach withregard to non-member countries. The step-by-steppursuit of this policy between now and 1992 shouldfurther the balanced development of air transport inEurope.

Air traffic control

One of the remedies suggested by the EuropeanCommission in October 1988 to aid the congestionhampering EC air space, was the creation of acentralized air traffic control management systemthrough Eurocontrol, a European air traffic controlorganization which aims to create a more sensibleshare out of military and civilian air space. There areeight air traffic flow management units jointlyresponsible for handling air traffic movement in the EC,

22 TRANSPORT POLICY

and often three or four of these are involved inhandling a single flight. The Commission argues in aproposal for a Council Decision that the creation of acentralized air flow management system to co-ordinatethe existing independent units is essential since thepresent network is ill suited to managing the growingvolume of traffic. The European air traffic controlorganization Eurocontrol seems well placed to ensurethis system. The Commission’s proposals provide forthe co-ordination of Member States’ activities withregard to planning the acquisition of air navigationfacilities, development of common air traffic controlprocedures and training programmes for controllers(10).

European Report, 22 October 1988, 1441/IV/4

The Commission is reported to have adoptedproposals to try to solve the problems of air trafficcongestion in Europe. These are said to include thecreation of a more centralized air traffic controlmanagement system through Eurocontrol, moreflexibility in the division of military and civil air spaceand harmonization of the technology of air trafficcontrol.

European Report, 26 September 1987, 1343/IV/5–6

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

TRANSPORT POLICY 23

flight. The Commission argues in a proposal for aCouncil Decision that the creation of a centralized airflow management system to co-ordinate the existingindependent units is essential since the presentnetwork is ill suited to managing the growing volumeof traffic. The European air traffic controlorganization, Eurocontrol, seems well placed to ensurethis system. The Commission’s proposals provide forthe co-ordination of Member States’ activities withregard to planning and acquisition of air navigationfacilities, development of common air traffic controlprocedures and training programmes for controllers.

Air transport

The main features of the agreement on air transport (11)are: the possibility for airlines automatically to secureapproval for discount or large discount fares (between65% and 90% and 45% and 65%, respectively, of thereference fares, provided they meet certain criteria);the possibility of adjusting the capacities offeredwithout reference to the governments concerned as longas the market share of the airline concerned remainswithin the 45–55% range until 1 October 1989 and the40–60% range during the following year; andprovisions on access to the market, which are intendedto enable airlines to start new services and operate newroutes (multiple designation, i.e. the option open to aMember State to designate carriers to operate anEuropean route); starting services between the majorairports and regional ones without the need forbilateral negotiations, the fifth freedom, namely, theoption open to an airline established in a Member Stateto carry passengers between two airports located intwo other Member States. Lastly, the agreementprovides for the application of the competition rules toair transport. (12)

24 TRANSPORT POLICY

On 26 and 27 November 1987 the Commissionorganized a symposium on air safety (13); it considersthat maintenance and improvement of the level ofsafety must form an integral part of any overall airtransport policy.

Infrastructure

On 22 December 1987 the Council adopted (14), ona proposal from the Commission (15), a Regulation onthe grant of financial support, amounting to ECU 53mfor transport infrastructure studies and projects underthe 1986 and 1987 budgets.

In April 1987 Parliament endorsed (16) the proposalfor a Council Regulation on financial support withinthe framework of a medium-term transportinfrastructure programme (17). On 13 October 1987, inthe light of Parliament’s opinion, the Commissiontransmitted to the Council an amendment to its originalproposal so as to include the obligation that theCommission must give the Council and Parliament adescription of the projects likely to receive thefinancial support provided for in the programme (18).

By June 1988 the European Commission hadproposed a five-year transport infrastructureprogramme designed to upgrade the main intra-Community transport links in the years up to andbeyond 1992. New investment will be needed to dealwith changing traffic flows between Member States asthe internal market becomes a reality, and theCommission proposes to designate certain projects ashaving special European interest. This would make iteasier for such projects to find loan and grant capitalfrom Community sources and to attract privateinvestment.

The 1988 Commission proposals follow the sameprinciples and criteria as those agreed by the Council ofMinisters in 1987 for a medium-term infrastructure

TRANSPORT POLICY 25

programme, but concentrate on twelve priority actions.Specific funds from the Community’s transportinfrastructure budget, totalling about ECU 630m,would be allocated to projects over the five-year period.

The overall aims of the programme are to eliminatetransport bottlenecks, to integrate the Community’sisolated or peripheral regions, to reduce the costs oftransit through non-Community countries, to improveland-sea transport routes and to ensure high qualitylinks between the main urban centres including thehigh-speed train.

The Commission proposes the following priorityactions 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 trafficmanagement and information to drivers;

– improvement of the Paris-Madrid-Barcelona-Lisbon-Porto-Algeçiras road and rail transit routes;

– improvement of infrastructure associated with theChannel Tunnel;

– construction of high-speed rail line between Paris,London, Brussels, Amsterdam and Cologne;

– improvement of the north-south transit link inIreland to serve the ports of Larne, Belfast, Dublinand Rosslare;

– modernization of the north-south inland waterwaynetwork between the Netherlands, Belgium andFrance;

– 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.

26 TRANSPORT POLICY

A declaration that a particular project is of Europeanimportance would make it eligible for support fromthe Community funds allocated for transportinfrastructure and from other Community sources ofcapital. The specific infrastructure credits could takethe form of grants or any other form of assistanceneeded in the financing of a particular project. The aidwould not normally exceed 25% of the total cost, or50% for preparatory studies, except where otherCommunity instruments provide for a higher level ofcontribution (19).

Inland Transport

Railways

On 8 July 1987 the Commission sent the Councilits eighth report on the annual accounts of railwayundertakings (covering 1984) (20) as required by theCouncil Regulation of 12 December 1977 (21), and inan own initiative opinion adopted in February 1987the Economic and Social Committee came out infavour of a common rail policy (22), while consideringthat the main responsibility for the success of railtransport lies with the companies themselves.

On 26 October 1987 it was finally decided to goahead with the high-speed rail network which is toconnect Brussels, London, Paris, Cologne andAmsterdam. Ministers from the five EC Member Statesconcerned have said that the project will involve boththe construction of new lines, for trains travelling at upto 300km/hour and the improvement and developmentof existing ones. A new line will be built between Parisand the French entrance to the cross-Channel tunnel,which is currently under construction, via Lille. Newlines will also be built, or existing lines adapted,between the French border and Brussels, between

TRANSPORT POLICY 27

Brussels and Liege and the German Border, andbetween Brussels and Antwerp and the Dutch border.The existing line between Cologne and Aix-leChappelle will be improved for a speed of up to lessthan 200km/hour. New lines will also be built betweenAmsterdam and Rotterdam, between Rotterdam andthe Belgium frontier and between London and theBritish entrance to the Channel Tunnel.

In February 1988 the European Commission askedthe EC railways to strengthen their co-operation to helpunify the market. In its sixth biennial report theCommission said that while the railways’ future role isunder review, it is essential to treat Europe as onemarket, to promote joint and co-ordinated actionsbetween the different national organizations and todefine a strategic role for railways in the transportmarket.

The report did note that some progress had beenmade; several new international high quality freightservices had been introduced, exchange of informationhad been improved, frontier handling had beenspeeded up and high quality Euro-city passenger trainshad been put into operation. However, in their reportsto the Commission on their economic and financialprogrammes, the rail undertakings did not identify theobstacles which stand in the way of closer co-operationbetween them. The Commission will be deciding uponpossible new initiatives to be taken in this field.

The EC’s rail policy aims to: eliminate distortions incompetition between the various modes of landtransport: make relations between governments andtheir national rail companies transparent; promote allforms of co-operation between modes of transport anddevelop rail infrastructure. The Commission’s biennialreports aim to establish the extent to which theseobjectives have been achieved, and the economic andfinancial position of rail companies. In theintroduction to the sixth edition, the Commission

28 TRANSPORT POLICY

stresses that the ‘opening up of national markets toroad and inland waterway traffic and the deregulationof international markets in these two sectors (as well asair transport) will change rail companies’ competitivepositions and will represent a new and difficultchallenge for them. It will become more necessary thanever to improve the structure of supply and the qualityof services offered by railways. It added that in 1986 itmade a study of aids granted to rail companies underCommunity provisions, and will shortly submit areport to the Council. (23) (24)

Road Transport

The table on page 26 summarizes some of the mostimportant Common Transport Policy initiatives inRoad Transport (2).

Access to the market

On 30 June 1987 the Council decided (25), on aproposal from the Commission (26), after receiving theopinion of Parliament (27), to increase the Communityquota by 40% for the rest of the year.*

On 6 October 1987 the Commission decided (28) toincrease the Community quota by 15% in 1988 andallocated the extra 1,742 authorizations. On 26November 1987 the Commission authorized (29) a

* Commission of the European Community—The EuropeanPerspectives Series, 1987, EPSDetailed report on transport and European integration byCarlo degli Abbati. Issues discussed include: the need for acommon transport policy, the main features of Communityaction on transport, the organization and integration of thetransport market and Community foreign relations in thecontext of transport.

TRANSPORT POLICY 29

further increase to take account of the transitdifficulties encountered by some Member States.

On 4 March 1987, acting on the Court’s judgmentof 22 May 1985 on the common transport policy (30),the Commission sent the Council a proposalfor a Regulation laying down the conditions underwhich non-resident carriers may operate nationalroad passenger transport services within a MemberState (31).

On 15 April 1987 the Commission also sent theCouncil a proposal for a Regulation on common rules

30 TRANSPORT POLICY

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

for the international carriage of passengers by coachand bus (32).

Parliament (33) and the Economic and SocialCommittee (34) delivered opinions on the proposal fora Regulation on access to the market for the carriage ofgoods by road between Member States (35).

In July 1987 the Economic and Social Committeeendorsed (36) the proposal for a Council Decision withregard to the EC’s consolidated resolution on thefacilitation of road transport (37).

Fixing of rates

On 25 November 1987 the Commission sent theCouncil a proposal (38) to amend the Regulation of 1December 1983 on the fixing of rates for the carriage ofgoods by road between Member States (39).

Taxation

On 22 December 1987, acting on the Council resolutionof 25 June 1987 on the elimination of distortions ofcompetition in the transport of goods by road (40), theCommission approved, for transmission to theCouncil, a proposal for a Directive on the chargingof transport infrastructure costs to heavy-goodsvehicles (41).

On 16 September 1987 Parliament adopted aresolution on payment for the use of transportinfrastructure in the framework of the commontransport policy and eliminations of distortions ofcompetition by vehicle taxes, fuel taxes and roadtolls (42).

In July 1987 the Economic and Social Committeeendorsed (43) the communication from theCommission on the elimination of distortions ofcompetition of a fiscal nature in the transport of goods

TRANSPORT POLICY 31

by roads: study of vehicle taxes, fuel taxes and roadtolls.

Social conditions

On 22 December 1987 the Commission adopted acommunication (44), on the Council Regulations of 20December 1985 (45) relating mainly to questions ofinterpretation and enforcement.

The governments of Belgium, Denmark, France,Luxembourg and the United Kingdom consulted theCommission about measures to implement the CouncilRegulations of 20 December 1985 on the harmonizationof certain social legislation relating to road transportand on recording equipment (tachographs) in roadtransport (46).

On 3 May 1988 new regulations (47) regardingthe harmonization of regulations on drivers’ hours inpublic authority vehicles and on recording equipmentin road transport were adopted.

Technical aspects

As part of the process of harmonizing certain technicalaspects of vehicles used for the carriage of goods, theCommission sent the Council, on 21 May 1987, aproposal to amend, with regard to the width ofrefrigerated vehicles, the Directive of 19 December1984 on the weights, dimensions and certain othertechnical characteristics of certain road vehicles (48),and on 6 February, a report (49) on the development ofthe circumstances which justified the derogationaccorded to Ireland and the United Kingdom fromcertain provisions of the Directive.

On 30 June 1987 the Commission amended (50) itsproposal to amend—in particular with regard toprivate cars—the Council Directive of 29 December1976 on roadworthiness tests for motor vehicles and

32 TRANSPORT POLICY

their trailers. On 25 September 1987 it sent theCouncil a proposal for a Directive on theapproximation of the laws of the Member Statesrelating to the tread depth of tyres of certain categoriesof motor vehicle and their trailers (51).

On 7 August 1987 the Commission sent theCouncil a proposal for a Regulation on a Communityprogramme in the field of information technologyand telecommunications applied to road transport(DRIVE) (52).

The official closing ceremony of European RoadSafety Year (1986) took place in Brussels on 16February 1987 and in June, Parliament adopted aresolution entitled ‘Road Safety Year: progress andprospects’ (53).

Inland Waterways

On 9 November 1987 the Council adopted a Directivewhich it approved in June on access to the occupationof carrier of goods by waterway in nationaland international transport and on the mutualrecognition of diplomas, certificates and otherevidence of formal qualifications for this occupation(54).

A report on inland ports was drawn up on behalf ofthe Committee on Transport in May 1988. Thiscontained the motion for a Resolution which stated thatalthough the inland waterway sector is the leastcompatible type of surface transport with existingfrontiers, it is expected to become an important featureof the Single European Market. However this form ofEuropean transport has received the least attentionfrom the Commission.

The inland waterway sector in Europe has far fromexhausted its potential because of a number of possiblefactors including:

TRANSPORT POLICY 33

– the absence of co-ordinated forward-looking andeffective standardization policy;

– inadequate maintenance of waterways;– excessive caution regarding projects for making

waterways navigable or restoring their navigability;and

– excessive caution regarding integrated projectswhich include navigability.

Portugal’s accession to the Community, the imminentopening of the Rhine-Maine-Danube canal, Austria’scommitment to the inland waterway sector and thepotential growth resulting from access by Switzerlandto the Community network have extended the horizonof the European inland waterway sector considerably.

Economic developments and trends have had anegative effect on the inland waterways and themeasures adopted to combat the crisis of surpluscapacity in this sector have either not beenimplemented or have fallen short of their objectives.Also the meagre support given to transportinfrastructures has only benefited the inland waterwaysector and not applied to inland ports. (55)

Sea Transport

On 17 September 1987 the Council adopted a Decisionauthorizing Italy to ratify a maritime transportagreement with Algeria. The Commission took the viewthat this Decision, which departs from its proposal,provides no guarantee that Community legislation onmaritime transport would be correctly applied andtherefore decided on 7 October 1987 to bring an actionagainst the Council before the Court under Article 173of the EEC Treaty (56).

On 20 October 1987 the Council adopted, on aproposal from the Commission (57), a Decisionconcerning coordinated action to safeguard free access

34 TRANSPORT POLICY

to ocean trades and freedom to provide services inmaritime transport with West African and CentralAfrican States.

On 5 and 6 May 1987 the Commission, inconjunction with the Council, held a symposium toexamine possible action at Community level to securethe future of the Member States’ fleets.

Multimodal Transport

On 22 December 1987 the Council adopted (58) theproposal for a Directive to extend to 1989 the presentprovisions of the third Directive on summer-time inthe Community for 1986, 1987 and 1988.(59)

On 4 November 1987 the Commission sent theCouncil a report (60) on the implementation of theDirective of 17 February 1975, as last amended by theDirective of 10 November 1986, on the establishmentof common rules for certain types of combinedtransport of goods between Member States.

International Co-operation

The Agreement on the International Road-RailCombined Carriage of Goods between the Communityand certain nonmember countries was initialled inBrussels on 24 February 1987 (61) . The Agreementaims to promote this form of transport by exempting theinitial and terminal road haulage operations from allauthorizations and quota restrictions.

On 7 December 1987 the Council adopted (62) arecommendation for a Decision on the opening ofnegotiations on transport matters between theCommunity and Austria, Switzerland and Yugoslavia(63). The negotiations will cover a wide range ofsubjects, in particular the obstacles encountered inintra-Community transit traffic; namely infrastructure,weights and dimensions, quotas, taxes and tools,

TRANSPORT POLICY 35

driving restrictions, delays at frontiers and any otherfactors affecting transit traffic.

On 26 May 1987, after receiving favourable opinionson the Commission proposal (64) from Parliament (65)and the Economic and Social Committee, the Councildecided to bring forward to 1 June the entry into forceof the provisions set out in Section II and III of theAgreement on the International Carriage of Passengersby Road by means of Occasional Coach and BusServices (66).

Implications of EC Transport Policy

– in the accession of Spain and Portugal to theEuropean Community.

On 1 February 1988 a report (67) drawn up on behalfof the EP Committee on Transport recorded that inacceding to the European Community, Spain andPortugal have been obliged to make major adjustmentsin road transport, in particular, extensive changes inregulations being necessitated principally by the newsocial legislation and tachograph checks on theobservance thereof, together with regular andcompulsory roadworthiness testing of commercialvehicles. Both countries had already begun to loosenrailway undertakings’ ties with the State; consequentlythere were no fundamental obstacles to granting suchenterprises commercial independence as regardsinternational operations.The rules governing inland navigation are oflittle practical relevance to Spain and Portugal, sincethere is no link with the Central European inland-waterway network. As regards combined transport, anumber of agreements were already in place betweenthe Community and the new Member States;consequently in this respect adjustment has been

36 TRANSPORT POLICY

smooth. However, the Community’s rules on thediscontinuation of border formalities have necessitatedconsiderable adjustment.

A number of phased-in transitional arrangementshave been made while adjusting various road transportregulations in Spain and Portugal to conform to existingEEC legislation. These arrangements would appear tobe justified in view of the technical problems whichwould have been raised by making the installation ofrecording equipment compulsory from 1 January 1986and, in Portugal, by carrying out roadworthiness testsfrom that date. In the interest of road safety,particularly during the transport of dangeroussubstances, and in Member States, these derogationshad to be precisely formulated and, as regardsrecording equipment in vehicles, restricted to domestictransport operations.

Adaptations necessitated by Spanish and Portugueseaccession have been made by the Community to itslegislation in force. Most of these have been legalmodifications but the countries have also beenallocated a Community quota for road haulageauthorizations. Should the application of Communityprovisions cause serious difficulties in the field oftransport in either of the new Member States before 31December 1992, the Member State may apply to theCommission concerned for authorization to takeappropriate protective measures.

The European Commission believes that adjustmentby Spain and Portugal to existing Communitylegislation on transport can be regarded as a feasibleundertaking, although the integration of the com-munications network of the Iberian peninsula into thatof the rest of the Community is much moreproblematic. In this context, a distinction must bemade between Spain and Portugal in view of thesignificant differences between their communicationsnetworks and this is outlined in the report (68).

TRANSPORT POLICY 37

– in connection with the development of the Mediterranean region

A report (69) drawn up on behalf of the Committee onTransport in July 1988 on priorities for the CTP inconnection with the development of the Mediterraneanregion, was deemed necessary because theMediterranean region has acquired new significancewithin the Community’s transport policy as a result ofGreek, Spanish and Portuguese accession. It has movedfrom a peripheral position to the heart of the transportnetwork between the southerly Member States and atthe same time it forms a stepping stone to the aspiringcountries of North Africa and the Middle East.

The aim of this report was not to frame a separatetransport policy for the Mediterranean region but tobear in mind the following distinctive features whichcharacterize the transport situation in theMediterranean region:

– the remoteness of many areas from the Community’scentres of economic activity and population;

– the fact that transport infrastructure is in generalvastly inferior to that in the other regions of theCommunity;

– the antiquated operating methods of transportcompanies;

– the various areas are quite different from oneanother;

– there is room for improvement as regards co-operation and the sharing out of tasks among theCommunity ports in the area; and

– delays at borders and bureaucratic difficulties createproblems.

The first priority for the Community’s Mediterraneanstates must therefore be to put into effect a policy toupgrade their infrastructure and modernize their

38 TRANSPORT POLICY

transport companies. The Community, as part of itsdrive to align the Member States more closely, musttake additional action to support this policy, forexample in the form of greater commitment to the areaby the European Investment Bank and Regional Fundor increased consideration under new policyinstruments such as the medium-term transportinfrastructure programme that is now taking shape.Unless such supporting action is taken theMediterranean countries will not be able to close thegap between themselves and the more highlydeveloped areas. This would mean that the commoninternal market would operate to the substantialdetriment of the southern Mediterranean, creating thevery real danger that its completion could bejeopardised by resistance in these areas.

The report discusses what the priorities in this areashould be and what action could be taken to ensurethat the Mediterranean area is not left out on a limb.

TRANSPORT POLICY 39

40

CONCLUSION

The Common Transport Policy is one of the commonpolicies specifically mentioned in the Treaty of Rome(1957) and as such is one of the corner-stones of ECpolicy. However, many commentators have stated thatin comparison to common policies such as that foragriculture, the achievements of the CTP have beenlimited. This lack of achievement led to a judgment inMay 1985 by the Court of Justice in an action broughtagainst the Council by the European Parliament whichcondemned the Council for infringement of the Treatyof Rome by failing to ensure freedom to provideservices in the sphere of international transport and tolay down conditions under which non-residentcarriers may operate transport services in a MemberState. The judgment should provide a fresh impetus tothe Common Transport Policy. A Commission WhitePaper ‘Completing the Internal Market’ published soonafter, envisages completion of the Internal Market ofthe Community by 1992 and includes varioustransport measures.

By November 1985 the Council had agreed a policyapproach providing ‘for the establishment of a freemarket without quantitative restrictions by 1992 at thelatest, and a transitional phase of gradual adjustmentof bilateral quotas to make them non-discriminatorytogether with increases in Community quotas’. Duringthe transitional period, distortions of competition

would also be eliminated. A master plan was drawn uplaying down the main objectives of the CTP to beachieved by 1992. The Single European Act of 1986supplemented the EEC Treaty by providing that theCommunity is to adopt measures with the aim ofprogressively establishing the internal market over aperiod expiring on 31 December 1992 in accordancewith the provisions of Article 8A and Article 84 of theTreaty. The Single European Act amendedand supplemented Article 84. This provides for asystem of qualified majority voting for all sectors of theCTP including sea and air transport.

In the Transport Policy of the EuropeanCommunities (70), Despicht recognized the changeswhich have occurred in CTP thinking since 1957 andidentified two phases of development between 1957and 1969: (i) ‘the initial phase’, in which ECinstitutions acted as if they believed that a Community-wide transport system could be introduced by directassault; and (ii) the ‘present phase’ in which a singleCommunity executive is trying to reconcile thedifferent judicial powers and to overcome the impasseof previous policy making. Despicht summarizes theTreaty articles which guide the CTP on page 38.

42 TRANSPORT POLICY

SUMMARY OF SPECIFICTREATY ARTICLES WHICH

GUIDE THE CTP

75(1) (a) and (b) requires common rules forfrontiercrossing traffic within the Community and forthe interpenetration of national transport markets

76 forbids Member States to discriminate againstforeign carriers (who come from other Member States)any more than they did when the Treaty of Rome cameinto force

79 bans discrimination in transport charges withintwo years where the condition of carriage and cargo areidentical and subsequently where the transportoperators are equivalent in practice

81 requires the charges levied at frontier crossings tobe related to actual cost (instead of to fictitiousterminal charges) and provides for the actual costs ofcrossing frontiers to be reduced progressively

77 permits state subsidies for the co-operation oftransport or as compensation for public serviceobligations

78 states the general principle that any measuresconcerning transport rates and conditions shall takeaccount 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 onthe West German/East German border

Source: Despicht (1969)

The Single European Act and the CTP

The most motivating piece of recent EC legislation asfar as the CTP is concerned has been the SingleEuropean Act of 1986. Since this act was passed, mostareas of transport have already been assigned medium-term plans to take them up to the completion of theinternal market in 1992:

Air—In December 1987 the Council reachedagreement on new measures constituting the first steptowards a common air transport policy in Europe. Themain objectives of the policy are deregulation, safetyand a common approach to non-member countries.These objectives are to be pursued in several stepsbetween now and 1992.

Infrastructure—A five-year transport infrastructureprogramme designed to upgrade the main intra-Community transport links in the years up to andbeyond 1992 was proposed in June 1988. Theprogramme follows the same principles and criteria asthose agreed for the Council of Ministers for a medium-term infrastructure programme in 1987 butconcentrates on twelve priority actions aimed atdealing with the anticipated traffic flows betweenMember States as the internal market becomes a reality.

Rail—It was decided in 1987 to go ahead with thehighspeed rail network which is to link Brussels,London, Paris, Cologne and Amsterdam, and inFebruary 1988 the EC asked EEC railways to strengthentheir co-operation to help unify the market. The EEC’srail policy aims to eliminate distortions in competitionbetween different modes of land transport, makerelations between governments and their national railcompanies transparent, promote co-operation betweenmodes of transport and develop rail infrastructure. TheEC Commission’s biennial reports aim to establish theextent to which these objectives have been achieved inthe run up to 1992.

44 THE SINGLE EUROPEAN ACT AND THE CTP

Road—Much of the recent proposals on roadtransport are aimed at freeing the market and the CTPseems likely to encourage greater use of road vehiclesfor international freight.

Inland Waterways—A report on inland ports wasdrawn up on behalf of the Committee on Transport inMay 1988. This contained the motion for a resolutionwhich stated that although the inland waterway sectoris the least compatible type of surface transport withexisting frontiers it is expected to become an importantfeature of the Single European Market. However thisform of European transport has not received very muchattention from the Commission with regard to 1992.

There are still a great many changes to be madebefore a truly common transport policy can be claimedto exist in the EEC. If completion of the internalmarket on the Community is achieved by 1992 the CTPwill have realized its main aims in freeing the marketand fostering free competition. Whether this will meanthe generation of economic development, theimprovement of efficiency and improved transportprovision remains to be seen. As transport is a vitalcomponent of everyday life for Europeans, transportpolicy holds a great potential to improve significantlyliving and working conditions. The real challenge forthe CTP after 1992 will be to keep pace withdevelopments in other areas of EEC policy and toensure that sufficient transport provision is in placebefore it is needed. A shift in emphasis from cars androads to more environmentally aware methods of usingthe limited space left in Europe will also be needed ifthe EEC is to avoid increased road traffic deaths,pollution, loss of countryside to new road building andlimited mobility for those with no access to a car.

THE SINGLE EUROPEAN ACT AND THE CTP 45

46

REFERENCES

(* denotes a reference which is summarized inSection II)

Notes

Abbreviations used:

(1) EEC Treaty of Rome (1957).(2) J.Whitelegg(1988) Transport Policy in the EEC.

London: Rouledge.(3) EEC Commission, Schaus Memorandum 1961.(4) N.Despicht (1969) The Transport Policy of the

European Communities. European Series no.2 (PEP),London: The Royal Institute of International Affairs.

(5) EC Commission (1973) Commission Communication tothe Council—Progress towards a Common TransportPolicy (Inland Transport) COM(73) final.

(6) J.Erdmenger (1983) The European CommunityTransport Policy. Aldershot: Gower.

(7) COM(88) 193 final 15.4.88.*(8) COM(88) 117 final 30.3.88.*(9) OJL 374 31.12.87, Bull EC 12–1987.(10) European Report, 8.10.88, 1437/IV/6–7 .*(11) OJL 374 , 31.12.87, Bull EC 12–1987.(12) Bull EC 6–1987, point 2.1.227.(13) Bull EC 11–1987, point 2.1.250.(14) Bull EC 12–1987.(15) Bull EC 11–1987, point 2.1.242.(16) OJC 125 11.5.87, Bull EC 4–1987, point 2.1.141.(17) OJC 288 15.11.86 257 , general reference point 693.(18) OJC 288 28.10.87, Bull EC 10–1987, point 2.1.196.

(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.

48 THE SINGLE EUROPEAN ACT AND THE CTP

(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.*

THE SINGLE EUROPEAN ACT AND THE CTP 49

50

SECTION II

KEY DOCUMENTS ONTRANSPORT

52

SUMMARIES OF KEY EECDOCUMENTS ON THE

DEVELOPMENT OFTRANSPORT POLICY IN THE

EEC

Channel Tunnel

PE DOC A 2–328/87: European Communities EuropeanParliament Reports, 1 March 1988This report on the Channel Tunnel was drawn up onbehalf of the Committee on Transport. The purpose ofthe report is stated as ‘not to rehearse arguments ofprinciple which have already been determined’. It willinstead discuss some of the issues which are still beingraised.

‘Apart from the practical points discussed in it, wemust realise that the Tunnel will transform travelpatterns. More importantly it will lead to a change inattitudes. The old insularity will be replaced by a newinternationalism. The Tunnel will widen visions andcreate new opportunities. This can only be beneficialfor the Community at large and in particular for thetwo countries most directly affected, France andBritain’. The report goes on to consider ‘The ChannelTunnel and Competition’, ‘The Tunnel and theEnvironment’, ‘The Tunnel and Ferry Operators’, andthe ‘The Challenge and Opportunity of the Tunnel’.Two motions for a Resolution followed, on the needfor a direct transport link between the Channel Tunnel

and the Merseyside region and the Channel Tunnelitself.

Common Transport Policy

Official Journal of the European CommunitiesInformation and Notices. 11 April 1988, 88/C93/135European Parliament written question no 2294/87 of 5February 1988 by Mr Francois Musso on the failure toadopt a common transport policy. Mr Mussoconcluded his question, ‘Could the Council declaresolemnly to the European Parliament that all themeasures provided for under the Single European Actbill be implemented to ensure that freedom ofmovement and free competition will be implementedin all sectors, including air transport and shipping, bythe end of 1992?’.

The answer provided on 18 February 1988 was, ‘TheCouncil is motivated, as is the European Parliament, bya strong determination to do everything to ensure thatthe objectives set by the Single European Act areattained within the prescribed period’.

‘The Council would restate its intention of adoptingin due course the requisite measures for implementinga common policy on land, sea and air transport,thereby contributing towards the progressiveestablishment of the internal market by 1992, asprovided for in Article 8A of the EEC Treaty’.

‘The Council will take these measures in pursuanceof the relevant provisions of the Treaty, with dueregard for the Court of Justice’s judgment in Case 13/83on 22 May 1985 and in accordance with theconclusions of the European Council adopted inparticular in Milan (28 and 29 June 1985) and at TheHague (26 and 27 June 1986). Attention must also bepaid here to the conclusions of the Council itself, andin particular to those adopted on 20 June 1986 and on24 and 25 June 1987’.

54 TRANSPORT POLICY

DRIVE

Official Journal of the European CommunitiesInformation and Notices, 3 June 1988, 88/C146/10Amended proposal for a Council Decision on aCommunity programme in the field of road transportinformatics—DRIVE (Dedicated Road Infrastructure forVehicle Safety in Europe).PE DOC A 2–82/88: Recommendation for the secondreading drawn up by the Committee on EnergyResearch and Technology concerning the commonposition of the Council on the proposal for aCommunity programme in the field of informationtechnology and telecommunications applied to roadtransport—DRIVE (Dedicated Road Infrastructure forVehicle Safety in Europe). European CommunitiesEuropean Parliament Reports, 24 May 1988.At its first reading of the proposal for the DRIVEprogramme on 11 March 1988 the EuropeanParliament adopted all fourteen amendments to thedraft Council regulation and the draft legislativeresolution contained in the report by the Committee onEnergy, Research and Technology.

The purpose of the amendments was, in brief:

– to propose the extension of the scope of applicationof information technologies beyond road transportto other sectors such as rail, sea and air transport;

– to ensure that precompetitive EUREKA projectscarried out in co-ordination with an EC project—andthus benefiting from it—adhere to the sameprinciples of shared costs, cross-frontier co-operation and the inclusion of SMEs in theprogramme;

– to ensure that the result of DRIVE will be asaccessible to enterprises in the Community nottaking part in the DRIVE programme or in related

TRANSPORT POLICY 55

EUREKA programmes as to those companiesparticipating only in related EUREKA projects;

– to underline the relevance of the annual budgetaryprocedure for the overall amount of appropriations;

– to ensure greater independence for the Commissionin the implementation and execution of theprogramme by replacing the originally proposedregulatory committee (i.e. ‘Comitology’ variant IIIA)by a management committee (i.e. ‘Comitology’variant IIA).

Apart from these amendments the European Parliamentsupported the main principles of the Commissionproposal, namely the main objectives of theprogramme such as improving road transportefficiency and safety by exploiting the newpossibilities offered by road transport information.

The Commission declared on the occasion of theadoption of these amendments in Committee that itcould endorse them. Consequently the Commissionamended its proposal accordingly pursuant to Article149 of the EEC Treaty (cf. COM(88) 167 fin.)

However, at the same time the Commission alsointroduced quite significant, though not in effectsubstantial, modifications to its original proposal(going beyond the amendments of Parliament andaiming to adjust the original proposal to thoseprovisions adopted by Council in its decision on RACEof 14 December 1987 (OJ No L16 of 21.1.88, pp 35 ff.,on which also the European Parliament was notconsulted).

Although your rapporteur recognizes theCommission’s right to modify at any time its originalproposal, it must be considered most inappropriate thatthe Commission is doing this at a time whenParliament has delivered its opinion on first readingand before Council has had a chance to considerParliament’s amendments to the original proposal.

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The Commission’s modified proposal wastransmitted to the European Parliament on 8 April, i.e.three days before the decisive Research Councilmeeting. Thus, the European Parliament had nopossibility to consider the modifications or to requestre-consultation from the Council.

The Commission’s attitude must be considered as anattempt to undermine the European Parliament’s rolein the co-operation procedure. The Common Positionof the Council of 11 April, 1988 has taken into accountsome of the European Parliament’s amendments,especially those introducing new recitals relating tothe widening of the application of informationtechnology to other transport sectors and to theadherence of shared-cost projects, cross-frontier co-operation; and the inclusion of SMES. The Council,however, did not agree to the European Parliament’srequest to replace the regulatory committee by amanagement committee. Council also consideredParliament’s reference to the annual budgetaryprocedure, unnecessary. Furthermore Council do notaccept two further amendments relating to the linksbetween EUREKA and DRIVE projects and theaccessability, of its results.

The Council, however, agreed to those modificationsby the Commission relating to the RACE-provisions, onwhich the European Parliament was not consulted,and extended the duration of the initial period fromthirty to thirty-six months.

In view of the importance the European Parliamenthas attached to its amendments at first reading, theCommittee on Energy, Research and Technologyrecommends that the European Parliament retain thoseamendments not accepted hitherto by Council (butsupported by the Commission), especially as regardscomitology 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 activitiesof the European Communities (1987)This covers the Community institutions, the financingof activities, economic and monetary policy,completing the internal market, industrial policy,action for businesses, research and technology andinnovation, competition and trade, employment,education, social policy, regional policy, transport, thestructural funds, environmental policy, consumerpolicy, agriculture and fisheries, energy, Communitylaw and all aspects of the Community’s externalrelations. The document reviews main developmentsin transport and the priority activities and objectivespursued during 1987.

It then goes on to summarize developments inspecific areas of transport policy such asinfrastructure, inland transport and international co-operation while making reference to around eighty ECdocuments. The report singles out civil aviation as anarea of particular progress during 1987 and also drawsattention to proposals made with a view to completingthe single European transport market by 1992.

European Report, 9 December 1987, 1364/IV/6–9This article reported on 7 December meeting of theCouncil of the EEC Transport Ministers. Having agreedto a package of air transport liberalization measureswhich could mean cheaper air fares, EECTransport Ministers were unable to reach an agreementon road haulage quotas and the President of theCouncil, Danish Transport Minister Noed Christensen,therefore decided to postpone the Council until thefollowing week, to allow more time for Member Statesto settle their differences. The Council granted theCommission a negotiating mandate to hold discussions

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with Austria, Switzerland and Yugoslavia on transitproblems but did not agree to spend any more moneyon infrastructure.Council of the European Communities GeneralSecretariat Press Release, 21 June 1988, 7005/88(Presse 94)Information on the Council Meeting of the TransportMinisters on 20–21 June 1988 where they adopted aRegulation on the liberalization of road haulage with aview to the creation of the single market and discussedamendments to existing Directives on roadworthinesstests and weights and dimensions of vehicles. Theyalso discussed improvements in the shipping sectorand inland waterway transport, and a proposal onharmonization of controls of social measures relatingto road conclusions on Community rail policy and onnegotiations with third countries on transit traffic.

Inland Waterways

PE DOC A 2–85/88: Report drawn up on behalf of theCommittee on Transport on inland ports in theCommunity. European Communities EuropeanParliament Reports, 25 May 1988The main reason for this report is stated as ‘the need tofill a gap—neither the Commission nor the EuropeanParliament has dealt with the question ofinland ports’.

The report continues, ‘It is true that Parliament hasgiven its view, on several occasions, on the problemsof inland navigation, firstly on the matter of combatingthe crisis, in particular by tackling the structuralproblem of excess capacity, secondly by advocatingthat the European broad-gauge networks be defined

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and regulated, thirdly by calling for a solution to theproblem of bottlenecks, and lastly by calling forsupport for infrastructures, with particular emphasison the planning, construction and completion of themajor intersections’.

However, in practice, although the Commission hasaspired to solve problems related to the functioning ofthe market, the fixing of prices and the social andtechnical aspects of inland navigation, the measuresadopted so far, of which there have been few, arerelatively ineffective. These measures include thefollowing: mutual recognition of navigation certificatesgranted to inland shipping; a recommendationregarding the demolition of old boats and theimplementation of this recommendation by theMember States, participation in drawing up a protocol;amending the Mannheim Convention, regarding accessto the market in transport on the Rhine; and theestablishment of technical regulations applicable toinland shipping.

At the same time a number of proposals have notbeen implemented, in particular the proposals ontaking boats out of service. The Rhine system stillapplies in full. And, by way of contrast, regulationshave been reinforced even more in the area of relationsbetween North and South links between theNetherlands and France. This is despite the well-known drawbacks of the tour de role freight system,which, by restricting users’ freedom of choice,considerably hampers the movement and hence theproductivity of shipping.

Lastly, the Community still gives only veryoccasional and modest support to inland navigationinfrastructures. Between 1982 and 1985 theCommunity financed only the conversion of the RiverLys to broad gauge while ten times more was investedin both rail transport and road transport. In 1986 and1987 not one inland navigation project was

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considered, while, under the heading of integration ofthe 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 Altarailway line. Navigation on the Douro, where there isan urgent need for signals and planning of the ports,was left out or forgotten altogether.

Inland navigation is thus the means of transportwhich receives least attention. The Communityintervenes very little in this area, while the Statesthemselves dither. Inland navigation ports are theforgotten mainstays of this means of transport. Thereport goes on to provide an inventory of trafficthrough European inland ports, a comparison withseaports, a report on seaports and a proposal on inlandports, development problems, meetings, financing,facilities, etc. It concludes, ‘we criticized the viewsexpressed on inland navigation because no mentionwas made of inland ports. However, navigation, beingprimarily concerned with the transport of goods, wasseen as divorced from any plan for waterways, which,in order to make the best of their resources, requiregood management.

There, of course, is the economic price to be paid forwater intakes, the use of water for irrigation ofagricultural land, flood control in order to manage theflow of rivers or canals and the need for water suppliesfor industry, e.g. the metal industry. At the same time,however, account must be taken of the urgent need tocombat pollution, the importance of river trips, theincrease in leisure and the need to ensure that projectsand work done are compatible with environmentalprotection, and the need to restore navigation workswhich are an invaluable part of the national heritagebut in a state of deterioration.

Actions on behalf of the ports and promotion ofinland navigation should be one aspect of goodwaterway 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 onthe ports, calls not only for the ports to be consideredas part of a policy for inland navigation, but also forthe policy itself to be defined and futhermore for thispolicy not to be divorced from what might be called anintegrated waterway management scheme drawn upwith a view to the establishment of a Europeanwaterway network.

Rail Networks

European Report, 28 October 1987, 1352/6This article is a report on 26 October meeting of fiveEEC Transport Ministers which finally approved thehigh-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 Smit-Kroes (Netherlands) and Paul Channon (UK), said at apress conference following the meeting that the TGVproject would involve both the construction of newlines, for trains travelling at up to 300km/hour and theimprovement and development of existing ones. Thus,a new line will be built between Paris and the Frenchentrance to the Cross-Channel Tunnel, which iscurrently under construction, via Lille. New lines willalso be built, or existing lines adapted, between theFrench border and Brussels, between Brussels andLiege and the German border, and between Brusselsand Antwerp and the Dutch border. The existing linebetween Cologne and Aix-la-Chappelle will beimproved for a speed of up to 200km/hour. New lineswill also be built between Amsterdam and Rotterdam,

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between Rotterdam and the Belgium frontier andbetween London and the British entrance to theChannel Tunnel.

Mr Stanley Clinton Davis, European Commissionerfor Transport, welcomed the agreement to extend theFrench TGV system and link up Paris, London,Brussels, Amsterdam and Cologne as well as a numberof regional centres such as Lille, Liege and Antwerp.He said in a statement issued on 27 October that ‘theChannel Tunnel will be a key element of this planwhich fits in perfectly with the Commission’sproposals on the development of European transportinfrastructures. High-speed railway technologyprovides a genuine opportunity for trains to becomemore competitive and more attractive, but the fullrealization of this potential can only be achieved at thedimension of the European internal market’.

Railways

COM(88) 12: Sixth biennial report from theCommission on the economic and financial situationof railway undertakings (1983–85). pursuant to Article14 of Decision No 75/327/EEC.In its sixth biennial report on the economic andfinancial situation of the Community’s railways, theCommission has asked railway companies within theMember States for more co-operation at a Communitylevel. The report did note that some progress had beenmade; several new international high quality freightservices had been introduced, exchange of informationhad been improved, frontier handling had beenspeeded up and high quality Euro-City passengertrains had been put into operation. However, in theirreports to the Commission on their economic andfinancial programmes, the rail undertaking did notidentify the obstacles which stand in the way of closerco-operation between them. The Commission will be

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deciding upon possible new initiatives to be taken inthis field. The EEC’s rail policy aims to: eliminatedistortions in competition between the various modesof land transport; make relations between governmentsand their national rail companies transparent; promoteall forms of co-operation between modes of transport;and develop rail infrastructure. The Commission’sbiennial reports aim to establish the extent to whichthese objectives have been achieved, and also toestablish the economic and financial positions of railcompanies. In the introduction to the sixth edition theCommission stresses that the ‘opening up of nationalmarkets to road and inland waterway traffic and thederegulation of international markets in these twosectors (as well as air transport) will change railcompanies’ competitive positions and will represent anew and difficult challenge for them. It will becomemore necessary then ever to improve the structure ofsupply and the quality of services offered by railways.It adds that in 1986 it made a study of aids granted torail companies under Community provisions, and willshortly submit a report to the Council.

Treat Europe as a Single Market

The Commission underlines the followingobservations: The Commission regrets that the Belgium,Irish, Greek and Luxembourg governments have nottransmitted their rail companies’ financial andoperating programme to it. It understands howeverthat the radical restructuration of rail activities underway in certain Member States makes long-termplanning difficult. Nevertheless it hopes that MemberStates will become aware of the need not only for co-ordination and co-operation, but also of the importancethe Commission attaches to the role that bettercommercial and financial planning can play in

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improving the railways’ position, to strive to applybetter the provisions of the EEC’s 1975 decision.

The Commission has found signs, in the programmesit has received, of a general improvement in marketand sectoral studies, a very clear increase incommitments given for the future, and a generalclarification of the future role rail companies will haveto play in the transport market. But there is almost nomention of joint or co-ordinated action to exploit thetransport market at European level.

The Commission considers that in the light of theWhite Paper (on the creation of the large market), andat a time when the future role of railways is beingquestioned, it is vital to analyse market needs morerigorously, to treat Europe as a single market, to uniteor co-ordinate efforts and to work out a strategic role forrailways in the transport market in order to allow themto play it in tomorrow’s world.

Most of the report is devoted to analyses of transportmarket trends and of the financial positions of railcompanies. The market study says that the EEC’sinternal goods transport market grew by 16% overall in1973–1985, but that this growth was very unevenlyspread among modes of transport: road transportvolume rose 33% while rail transport fell by 20% andwater transport fell by 6%.

Rail Networks

PE DOC A 2–79/87: Report drawn up on behalf of theCommittee on Transport on a European high-speed railnetwork. European Communities European ParliamentReports, 27 May 1987The European Parliament has already considered thedevelopment of high-speed rail transport on severaloccasions, both in debates on railway policy andrecently during the debate on new technologies andthe establishment of the internal market. It now seems

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appropriate to take up this subject once again ingreater detail since several significant new factors havecome into play:

– the French decision to extend its high-speed railnetwork with a TGV Sud-Est line,

– the testing of the new German experimental train byGermany Railways,

– The Franco-British decision to construct a high-speed railway tunnel under the English Channel,

– the phasing-in of the Rome-Florence direct line inItaly,

– the fact that the Spanish Railways, with the TALGO,and British Rail, with the APT and HST trains, havejoined the ‘200 km per hour club’,

– finally, the culmination of the project for ahighspeed rail connection between Paris, Brussels(London) and Cologne, promoted by the French,German, Belgian and Dutch governments, whichcould prove the ‘keystone’ of a future high-speedrailway network in Europe.

Road Transport

COM(87) 725 final: Communication of the Commissionof the social regulations in road transport, to ensure aroad haulage market without distortions ofcompetition. Commission of the EuropeanCommunities Documents, 5 January 1988It is desirable that the creation of a new marketorganization for intra-Community road haulage and theintroduction of the right of cabotage in road transportshould be accompanied by appropriate measures toavoid distortions of competition in the inlandtransport sector. The Council has already adopted anumber of such measures, particularly in the socialfield.

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On 20 December 1985, the Council adoptedRegulation 3820/85 on the harmonization of certainsocial legislation relating to road transport andRegulation 3021/85 on recording equipment in roadtransport. The Council also adopted a Resolution toimprove the implementation of the social regulationsin road transport.

These regulations entered into force on 29September 1986. Since that date eight Member Stateshave introduced the necessary measures to complywith Community law. The Commission has so fardelivered a favourable opinion on all these nationalimplementing measures.COM(88) 49 final: Commission of the EuropeanCommunities Documents, 18 February 1988.Amendments to the proposal for a Council Decisionwith regard to the ‘Consolidated Resolution on thefacilitation of road transport’ of the United NationsEconomic Commission for EuropeOn 15 October 1984 the Commission formallysubmitted to the Council a proposal for a CouncilDecision with regard to the ‘Consolidated Resolutionon the facilitation of road transport’ of the UnitedNations Economic Commission for Europe (COM(84)552 final).

The aim of this proposal is to enable the EuropeanEconomic Community and its Member States to actjointly with regard to this Resolution and express anumber of reservations on its recommendations. Theproposal is based on the Treaty establishing the EECand its Member States but does not refer to a particularArticle. As the said Resolution concerns matters fallingwithin the jurisdiction of the Community and itsMember States and as the joint action envisaged in theproposal could directly affect the achievement ofthe aims of the common transport policy, Article 75 ofthe EEC Treaty should be quoted as the legal basis for

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the proposal. It should therefore be amendedaccordingly.

Transport Infrastructure

COM(88) 340 final: Commission of the EuropeanCommunities Documents, 16 June 1988. Proposal for aCouncil Regulation for an action programme in thefield of transport infrastructure with a view to thecompletion of an integrated transport market in 1992The proposal explains that the Commission hasalready sent to the Council a comprehensiveprogramme for action in the medium term in the fieldof transport infrastructure. There has been a generalwelcome for the basic principle of Community activityin relation to infrastructure and agreement has beenreached by the Council on the objectives of a policy fortransport infrastructure for assessing the Communityinterest of projects. However, no agreement has beenpossible on the Commission proposal to set up acomprehensive regulation, although this is stronglysupported by the European Parliament and theEconomic and Social Committee.

Notwithstanding the lack of formal adoption for theMedium-Term Programme it has been possible for theCouncil to reach agreement on specific proposals. Thelast of these proposals was approved at the end of 1987.

The development of the Common Transport Policybefore 1992 requires specific action in the field ofinfrastructure. For which reason the Commission putsforward this specific Regulation which is designed tolink into the series of actions the Commission isundertaking to achieve this target. This regulationwould have the Community powers to act in relation toa clearly defined set of priority actions that arelinked closely to the traffic set of priority actions thatare 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 earlyrealization would facilitate the movement ofCommunity goods and passengers, possibly alsoinvolving important transit routes. The objectives andcriteria for the Action Programme are those that theCouncil has already considered and approved.

The proposal goes on to list eleven articles and a listof potential projects in the twelve priority areas for theyears 1988 and 1989 has been prepared and these areshown in the accompanying Annex.

Transport Policy

PE DOC A 2–272/87: European Communities EuropeanParliament Reports, 1 February 1988. Report drawn upon behalf of the Committee on Transport on thetransport implications of the accession of Spain andPortugal to the European CommunitiesIn its explanatory statement the report notes that Spainand Portugal acceded at a time when the EC wasundergoing reorganization. The Community’s financialcrisis, as well as the need to increase own resources butalso to reform the Common Agricultural Policy and thestructural funds had already been recognized when theAct of Accession was signed on 12 June 1985. TheSingle European Act, which was signed on 17 and 28February 1986 constituted the most significant changein institutional relations in the history of theCommunity. It considerably broadened the bases,established by Treaty, for long-standing Communityactivities. The period immediately following the entryinto force of the Single European Act, July 1987, willdemonstrate whether decision-taking processes atCommunity level will be tightened up, as is desired,and whether there will be a satisfactory outcome fromthe financial and structural reforms underconsideration. A major overhaul of transport policy isalso going ahead.

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The report notes that in 1982, a quarter of acentury after it was founded, the European Communitywas still divided into national transport markets; therewas still no common transport policy. Subsequently anew process of change was set in motion with a viewto establishing freedom to provide overland transportservices in a common transport market by 1992. In itsjudgment of 22 May 1985 (1), secured by the EuropeanParliament, the Court of Justice found against theCouncil for failure to act, and shortly afterwards, on 30June 1985, the Heads of State of Government tookdecisions on completing the internal market.

The report further notes that a common Europeanpolicy on maritime transport has been made inevitableby the decline of the Community’s merchant fleet andthat the initial components of a common civil aviationpolicy has already been agreed although this could notyet be adopted because of the problem of Gibraltar. It isstated that the accession of Spain and Portugal hasthus coincided with a stepping up of efforts atCommunity level in transport policy and the newMember States should benefit from the fact that theyneed not adjust to a fully developed common policy,rather, they are in a position to be involved in theprocess of gradually formulating a common transportpolicy (excluding a number of fundamental premises).The report than goes on to list acts of fundamentalsignificance which, as components of a commontransport policy, were already in place when Spain andPortugal acceded to the European Community on 1January 1986.

In acceding to the EC, Spain and Portugal have beenobliged to make major adjustments in road transport inparticular, extensive changes in regulations beingnecessitated principally by the new social legislationand tachograph checking, together with compulsoryroadworthiness testing of commercial vehicles. Thereport covers both transport policy in both countries

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separately in some detail before going on to cover eightmotions for a resolution pertaining to the accession ofSpain and Portugal to the EC.PE DOC A 2–167/88: European CommunitiesEuropean Parliament Reports, 26 July 1988. Reportdrawn up on behalf of the Committee on Transport onpriorities for the common transport policy inconnection with the development of the MediterraneanregionThis has become necessary because the Mediterraneanregion has acquired new significance within theCommunity’s transport policy as a result of Greek,Spanish and Portuguese accession to the EuropeanCommunity. The Mediterranean region has moved froma peripheral position to the heart of the transportnetwork between the southerly Member States and atthe same time it forms a stepping stone to the aspiringcountries of North Africa and the Middle East.However the aim is not to frame a separate transportpolicy for the Mediterranean region. The purpose andgoal of the common transport policy is to establishrules and machinery in every part of the Communitythat enable national transport markets to grow into aunified internal market. Geographical and nationalpeculiarities may on occasion make a flexible approachnecessary, but long-term development towards aunified market must always be borne in mind.

The transport situation in the Mediterranean regionis characterized by a number of distinctive featuresthat must be taken into account in an overall blueprintfor a common transport policy designed for theinternal market, namely:

– the remoteness of many areas from the Community’scentres of economic activity and population;

– the fact that transport infrastructure is in generalvastly inferior to that in the other regions of theCommunity;

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– the antiquated operating methods of transportcompanies;

– the various areas are quite different from oneanother;

– there is room for improvement as regards co-operation and the sharing out of tasks among theCommunity ports in the area; and

– delays at border and bureaucratic difficulties createproblems.

The report states that the first priority for theCommunity’s Mediterranean states must therefore be toput into effect a policy to upgrade their infrastructureand modernize their transport companies. TheCommunity, as part of its drive to align the MemberStates more closely, must take additional action tosupport this policy, for example in the form of greatercommitment to the area by the European InvestmentBank and the Regional Fund or increased considerationunder new policy instruments such as the medium-term transport infrastructure programme that is nowtaking shape. Unless such supporting action is takenthe Mediterranean countries will not be able to closethe gap between themselves and the more highlydeveloped areas. This would mean that the commoninternal market would operate to the substantialdetriment of the southern Mediterranean, creating thevery real danger that its completion could bejeopardized by resistance in these areas.

The report aims to discuss what the priorities in theimplementation of the common transport policy in theMediterranean region should be and what additionalaction should be taken so that the Mediterranean canplay the part that benefits it in the future commontransport policy. This must not herald a reversion toprotectionist attitudes. Instead, optimum use must bemade of specific local and regional resources anddevelopment potential. National and Community

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policy for organizing the market and on infrastructuremust work together to promote balanced development.Transport policy must help to bring about genuineintegration in the Community and include specialaction to prevent the Mediterranean from being leftstill futher out on a limb after a cosmetic removal ofborder barriers.

The report goes on to review General TransportPolicy, Shipping, Air Transport, Land Transport,Railways, Road Transport and Inland Waterways in theMediterranean. It then states in a summary that ‘inview of the decisions on the completion of a freetransport market by 1992 it is vital for smoothdevelopment of the transport sector in theMediterranean region that the common transportpolicy should now give priority to bringing conditionsof competition into line. Particular effort is necessaryon shipping, where lost markets must be won back bymaking ports more efficient and through new forms ofco-operation, for example with developing countriesand on rail transport where an antiquated networkmust be modernized to meet the capacity andpunctuality requirements or goods transport (includingcombined transport) in intra-Community and externaltrade’.

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74

SECTION III

COMMISSION DOCUMENTSOF RELEVANCE TO

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76

I.COMMISSION POLICY

PROPOSALS ANDMEMORANDA

– not referred to in Section II.

Council Regulation of 14 December 1987 on theapplication of Article 85(3) of the Treaty to certaincategories of agreements and concerted practices in theair transport sector. Official Journal of the EuropeanCommunities Legislation, 31 December 1987, 3976/87.Council Directive of 14 December 1987 on fares forscheduled air services between Member States. OfficialJournal of the European Communities Legislation, 31December 1987, 87/601/87.

Council Decision of 14 December 1987 on thesharing of passenger capacity between air carriers onscheduled air services between Member States and onaccess for air carriers to scheduled air-service routesbetween Member States. Official Journal of theEuropean Communities Legislation, 31 December1987, 87/602/87.

Amendment to the proposal for a Council Directiveamending Directive No 83/416/EEC concerning theauthorization of scheduled interregional air servicesfor the transport of passengers, mail and cargo betweenMember States. Official Journal of the EuropeanCommunities Information and Notices, 25 March 1988,88/C78/08.

Proposal for a Council Recommendation on aflexible and efficient use of airspace. This calls uponthe Member States to reconsider the use of airspace byboth civil and military aircraft. Official Journal of theEuropean Communities Information and Notices, 10February 1989, 89/C34/15.

Proposal for a Council Regulation on a code ofconduct for computerized reservation systems (CRS) inair transport. The Regulation is to apply to systemsoffered for use and/or used in the Community andincludes procedures for dealing with complaints fornonobservance. Official Journal of the EuropeanCommunities Information and Notices, 18 November1988, 88/C294/08.

COM(88) 286 final: Proposal for a Council Directiveamending Directive No 85/3/EEC on the weights,dimensions and certain other technical characteristicsof certain road vehicles.

COM(88) 719 final: Commission communicationconcerning a report on the use and safety aspects ofarticulated buses. The report details the technicalspecifications of articulated buses as well as generalroad safety aspects.

COM(87) 182 final: Final report from theCommission on the transport of dangerous goods andwastes.

COM(88) 339 final: Proposal for a Council Directiveon vocational training for certain drivers of vehiclescarrying dangerous goods by road.

COM(87) 351 final: Proposal for a Council Regulationon a Community programme in the field of informationtechnology and telecommunications applied to roadtransport—DRIVE (Dedicated Road Infrastructure forVehicle Safety in Europe).

Council Decision of 29 June 1988 on a Communityprogramme in the field of road transport informaticsand telecommunications—DRIVE (Dedicated RoadInfrastructure 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 CouncilDirective on the driving licence. This proposalrecognizes that important differences continue to existbetween the national laws regarding vehicle categories,the period of validity of driving licences and standardsfor driving tests and licences in each Member State.Provisions are made for handicapped drivers andlicence holders who change their country of origin.

Council Regulation of 27 April 1989 amendingRegulation No 1107/70 on the granting of aids fortransport by rail, road and inland waterway. OfficialJournal of the European Communities Legislation,28 April 1989, 1100/89.

COM(88) 800 final: Proposal for a Council Regulationon the elimination of controls performed at the frontierof Member States in the field of road and inlandwaterway transport. In preparation for 1992, specifiednational and Community measures will no longer beperformed at the frontier of Member States but movedto the interior of each territory instead. It is proposedthat this will commence on 1 January 1990.

Council Directive of 9 November 1987 on access tooccupation of carrier of goods by waterway in nationaland international transport and on the mutualrecognition of diplomas, certificates and otherevidence of formal qualifications for this occupation.Official Journal of the European CommunitiesLegislation, 12 November 1987, 87/540/EEC.

Proposal for a Council Regulation on structuralimprovements in inland waterway transport. Thisprovides for measures to reduce the structuralovercapacity in this sector by means of scrappingschemes and supporting measures to avoid aggravationof existing overcapacity or the emergence of furtherovercapacity. Vessels operating exclusively in nationalmarkets, very small or sea-going vessels are to be

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excluded. Official Journal of the EuropeanCommunities Information and Notices, 22 November1988, 88/C297/12.

Council Regulation of 27 April 1989 on structuralimprovements in inland waterway transport. Themeasures laid down in the Regulation are aimed atreducing structural capacity in this sector by means ofscrapping schemes co-ordinated at Community level.Official Journal of the European CommunitiesLegislation, 28 April 1989, 1101/89

Commission Directive of 17 May 1988 on theadaptation to technical progress of Directive No 77/649/EEC on the approximation of the laws of theMember States relating to the field of vision of motor-vehicle drivers. Official Journal of the EuropeanCommunities Legislation, 12 July 1988, 88/366/EEC.

COM(88) 111 final: Proposal for a Council Regulationon structural improvements in inland waterwaytransport. It includes an impact statement on smallfirms and employment.

COM(87) 31 final: Proposal for a Council Regulationlaying down the conditions under which non-residentcarriers may operate national road passenger transportservices within a Member State.

Council Directive of 13 April 1989 on theapproximation of the laws of the Member Statesrelating to the lateral protection (side guards) of certainmotor vehicles and their trailers. The annex lays downthe necessary amendments to the technicalrequirements for lateral protection. Member Statesmust bring into force the provisions necessary tocomply with this Directive by 30 October 1989.Official Journal of the European CommunitiesLegislation, 5 May 1989, 89/297/EEC.

COM(88) 739 final: Details of the ninth synopticreport on the transposed annual accounts of railwayundertakings (1985).

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Council Directive of 26 July 1988 amendingDirective No 77/143/EEC on the approximation of thelaws of the Member States relating to theroadworthiness tests for motor vehicles and theirtrailers. Official Journal of the European CommunitiesLegislation, 12 August 1988, 88/449/EEC.

Proposal for a Council Directive on theapproximation of the laws of the Member Statesrelating to compulsory use of safety belts in motorvehicles of less than 3.5 tonnes. This is to harmonizethe laws of the use of safety belts and provides forcertain exemptions, for example pregnant women, taxidrivers, the emergency services and all drivers whenreversing or parking. The wearing of rear seat belts isalso covered. Official Journal of the EuropeanCommunities Information and Notices, 23 November1988, 88/C298/05.

COM(88) 707 final: Proposal for a Council Directiverelating to the maximum permitted blood alcoholconcentration for vehicle drivers. This Proposal sets alevel of 0.50mg per ml of blood for drivers ofpowerdriven vehicles with three or more wheels andriders of power-driven two-wheel vehicles, throughoutthe Member States.

COM(88) 704 final: Communication from theCommission on road safety: a priority for theCommunity. This examines the Commission’sachievements in this field over the last few years andproposes three new initiatives which will complete thepackage of road safety measures. These concerndriving licence qualifications, speed limits forcommercial vehicles and buses and blood alcohollevels in drivers and are considered key issues in driverbehaviour.

Commission Directive of 28 March 1989 adaptingto technical progress Directive No 76/756/EEC onthe approximation of the laws of the MemberStates relating to the installation of lighting and

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light-signalling devices on motor vehicles and theirtrailers. Official Journal of the European CommunitiesLegislation, 20 April 1989, 89/278/EEC.

COM(87) 716 final: Proposal for a Council Directiveon the charging of transport infrastructure costs toheavy goods vehicles.

COM(87) 725 final: Communication of theCommission on the social regulations in road transport,to ensure a road haulage market without distortions ofcompetition.

COM(88) 726 final: Fifteenth report by theCommission on the implementation in 1985 ofRegulation No 543/69 of 25 March 1969 on theharmonization of certain social legislation relating toroad transport. This report gives a summary of theinformation supplied by the Member States on theimplementation of the above Regulation including theorganization and number of road checks, infringementsand penalties incurred.

Proposal for a Council Directive amending DirectiveNo 77/536/EEC on the approximation of the laws ofthe Member States relating to the roll-over protectionstructures of wheeled agricultural or forestry tractors.The scope of the Directive is extended to cover tractorsup to 6 tonnes mass and to add a procedure for itsadaption to technical progress. Official Journal of theEuropean Communities Information and Notices, 17December 1988, 88/C324/12.

COM(88) 626 final: Proposal for a Council Directiveamending Directive No 86/298/EEC on rear-mountedrollover protection structures for narrow-track wheeledagricultural and forestry tractors. The amendments addan additional test to those permitted and alter theprocedure for adapting the Directive to technicalprogress.

Council Regulation of 8 July 1985 introducingCommunity export and import declaration forms.

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Official Journal of the European CommunitiesLegislation, 11 May 1985, 1900/85.

COM(85) 611 final: Proposal for a Council Regulationlaying down the conditions under which non-residentcarriers may operate national road haulage serviceswithin a Member State.

Council Directive of 19 July 1968 on thestandardization of provisions regarding the duty-freeadmission of fuel contained in the fuel tanks ofcommercial motor vehicles. Official Journal of theEuropean Communities Legislation, 23 July 1968, 68/297/EEC.

Council Regulation of 9 June 1986 abolishing certainpostal fees for customs presentation. Official Journal ofthe European Communities Legislation, 12 June 1986,1797/86.

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II.OTHER COMMISSION

DOCUMENTS

A report from the Economic and Social Committeecalling for action to establish a Common Rail Policy.Official Journal of the European CommunitiesInformation and Notices, 21 April 1987, 87/C105/07.

Report drawn up on behalf of the Committee onTransport on Road Safety Year 1986: progress andprospects.

European Communities European ParliamentReports, 18 May 1987, PE DOC A 2–48/87

Report drawn up on behalf of the Committee on theEnvironment, Public Health and Consumer Protectionon the protection of pedestrians and the EuropeanCharter of Pedestrian’s Rights.

European Communities European ParliamentReports, 15 July 1988, PE DOC A 2–154/88

Corrigendum to the report drawn up on behalf of theCommittee on Transport on a European high-speed railnetwork.

European Communities European ParliamentReports, 15 September 1987, PE DOC A2–79/87/Corrigendum

Report drawn up on behalf of the Committee onTransport on air freight in the Community.

European Communities European ParliamentReports, 15 September 1987, PE DOC A 2–244/87

Report drawn up on behalf of the Committee onTransport on transport for handicapped and elderlypeople.

European Communities European ParliamentReports, 2 July 1987, PE DOC A 2–112/87.

Report drawn up on behalf of the Committee onEconomic and Monetary Affairs and Industrial Policyon the European aeronautical industry.

European Communities European ParliamentReports, 17 July 1987, PE DOC A 2–125/87.

Report drawn up on behalf of the Committee ontransport on the proposal for a Regulation for an actionprogramme in the field of transport infrastructure witha view to the completion of an integrated transportmarket in 1992. This includes a list of proposedprojects which may be supported under the actionprogramme with such an integrated transport market inview.

European Communities European ParliamentReports, 27 September 1988, PE DOC A 2–187/88.

Observation of transport markets: annual report for1987. This makes an assessment of the general marketand of the following specific sectors: roads, inlandwaterways, railways and combined transport. Itincludes numerous tables of statistics and graphs.

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Europa Transport, November 1988, ISBN92–825–9092–5.

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

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