Official Journal L 234 , 09/08/1982 P. 0005 - 0006
Finnish special edition: Chapter 7 Volume 3 P. 0021
Spanish special edition: Chapter 07 Volume 3 P. 0061
Swedish special edition: Chapter 7 Volume 3 P. 0021
Portuguese special edition Chapter 07 Volume 3 P. 0061
of 19 July 1982
on the fixing of rates for the international carriage of goods by rail
COUNCIL DECISION of 19 July 1982 on the fixing of rates for the international carriage of goods by rail (82/529/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
HAS ADOPTED THIS DECISION:
1. Member States shall take the necessary steps to ensure that this Decision is applied to the following railway undertakings: >PIC FILE= "T0022010">
2. As regards the Société nationale des chemins de fer luxembourgeois (CFL), Belgium and France shall, in conjunction with Luxembourg, make any amendments to the basic texts which may prove necessary to permit the application of this Decision. This Decision shall be applied without prejudice to Article 5 of the Belgo-Franco-Luxembourg Convention of 17 April 1946.
Within the framework of the Community rules applicable and in
particular of Article 9 (1) of Council Decision 75/327/EEC, the
railway undertakings shall, in accordance with their commercial
interests and taking account of costs and the market situation,
fix the rates and conditions for the international carriage of
goods between Member States.
These rates shall be drawn up in the form of company tariffs or special agreements as provided for in this Decision.
In so far as the railway undertakings, taking account of market requirements and their own interests, establish tariffs with common scales offering rates for whole journeys, the rates set out in those tariffs may be independent of those obtained by adding the rates of the national tariffs. These tariffs shall be drawn up, modified or withdrawn by bilateral or multilateral agreements between the railway undertakings.
The railway undertakings shall have the commercial independence necessary for intensifying their cooperation in the quotation of transport rates and conditions for international transport in order to pursue common objectives, in particular as regards the creation of revenue pools and the delegation of powers between railway undertakings for the conclusion of special agreements with customers.
Special agreements may be concluded between the railway undertakings concerned and customers designated by name ; they shall contain rates which take account of conditions of a technical and commercial character peculiar to the type of transport involved.
In order to promote the attainment of the objectives set out in Council Decision 75/327/EEC, railway undertakings shall apply rates in international goods traffic between Member States intended to: - ensure that the assignable costs specific to thetraffic concerned by this Decision are covered,
- make a positive contribution to covering jointcosts.
Company tariffs shall be published in railway undertakings' tariff notices or by other appropriate means before they are applied ; their publication shall be compulsory only in those Member States where the railway undertakings participate in these tariffs as the network of departure or destination.
1. Before 1 January 1983 and after consultation with the
Commission, the Member States shall adopt the provisions
necessary for the implementation of this Decision.
2. At the request of a Member State or if the Commission considers it advisable, the latter shall consult the Member States concerned on the draft provisions referred to in paragraph 1.
Five years after the entry into force of this Decision, the
Commission shall report to the Council on the results of its
The Council shall review the situation in the light of this report and, on a proposal from the Commission, shall take the appropriate decision acting by a qualified majority.
This Decision is addressed to the Member States.
Done at Brussels, 19 July 1982.
For the Council
( 1 ) OJ No C 293, 13.12.1976, p. 51.
( 2 ) OJ No C 281, 27.11.1976, p. 2.
( 3 ) OJ No L 152, 12.6.1975, p. 3.