Goods: Non-resident carriers in the national market
This Regulation lays down the rules for inland cabotage. It consolidates the internal market for the transport of goods by road by removing restrictions on carriers in the European Union (EU).
Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State [See amending acts].
Community carriers holding a Community authorisation are permitted to carry out road haulage operations in other Member States without being based or established there. If the driver is a national of a non-member country, he/she must carry a driver attestation.
Such operations, known as cabotage, are exempt from any quantity restrictions on market access.
Carriers who so wish may obtain a cabotage authorisation by applying to the Member State in which the haulage business is established. The authorisation can be used for one vehicle only.
In principle, cabotage operations are covered by national legislation in the following areas:
- the prices and conditions governing the transport contract;
- standards relating to weights and measures;
- requirements relating to the carriage of certain categories of goods;
- driving and rest time for drivers;
- VAT on transport services.
The host Member State must, however, when applying its national provisions, take account of the proportionality principle.
In the event of a market disturbance arising from cabotage operations, the Commission may take any necessary safeguard measures. It takes any such measures after examining the situation and collecting relevant data for monitoring market developments.
The Regulation also lays down the conditions under which the Member States must assist one another in implementing it.
The cabotage regime has applied fully since 30 June 1998. It was phased in over the period 1 January 1994 to 30 June 1998.
|Act||Entry into force - Date of expiry||Deadline for transposition in the Member States||Official Journal|
|Regulation (EC) No 3118/93||1.1994||-||OJ L 279, 12.11.1993|
|Amending act(s)||Entry into force||Deadline for transposition in the Member States||Official Journal|
|Regulation (EC) No 3315/94||1.1.1995||-||OJ L 350, 31.12.1994|
|Regulation (EC) No 484/2002||19.3.2002||-||OJ L 76, 19.3.2002|