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LEGAL COMMENTARY: THE IMPACT OF EEC LAWS

11th February 1988
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Which of the following most accurately describes the problem?

• A client phoned the other day to point out that, despite my promises, my articles continued to be of a pessimistic turn of phrase. I had intended doing a crisp piece about the apparent determination of manufacturers not to get involved at the sharp end of the industry but, against my clients complaint, I shall save that for a later issue. This month I want to consider the Common Market in relation to our domestic haulage industry.

I attend meetings of CLECAT as one of the representatives of the National Association of Warehouse Keepers. CLECAT, otherwise the Comite de Liaison Europeen des Commissionaires et Auxiliaires des Transports du Marche Commun, is one of the oldest consultative organisations in the Common Market and is able, in theory at least, to affect the legislative process in Brussels by having access at all decision-making levels.

As early as 1958 the European Economic Commission, realising the fundamental importance of all forms of transport, enabled CLECAT to be established and, because the role of the freight forwarder was seen as being the focal point of all international transport activities, it was the various associations, institutes, and other organisations of freight forwarders who, drawn from the member states, provided representatives to form CLECAT.

The interests of this country are protected by the Institute of Freight Forwarders which, as well as reflecting the views of its own substantial membership, provides an opportunity for other organisations, such as the NSWK, to participate in the ongoing debate about the future of transport, Perhaps inevitably the bureaucracy of the Common Market is enormous; indeed some would say suffocating. As part and parcel of that bureaucracy there are many committees such as CLECAT each considering its own particular area of interest. It is easy, for that reason, to take the view that these committees are of little relevance to the reality of industrial life and, in truth, there are occasions when national interests do seem to produce very lengthy discussions about points that are, at best, purely procedural.

As I have already said, however, CLECAT • A Birmingham Industrial Tribunal has dismissed claims for compensation for unfair dismissal and for a redundancy payment by lorry driver George Wright, who was dismissed by Roden Transport Ltd following complaints from a customer.

The Tribunal in a written decision says that Wright had not been dismissed in April 1987 because of redundancy reasons but because of the attitude adopted by the company's principal customer.

The Tribunal decision gives no details on this does have a demonstrable ability to affect the legislative process in Brussels and, for that reason, not only is its role critical but, and far more importantly, a British presence is vital if the transport industry in this country is to be protected.

There is, of course, a substantial difference between the general trading practices in the various member states. Clearly the fundamental purpose of the Common Market is to rationalise those differences so as to produce a common approach which is to the benefit of all the member states, This is not, I think, the appropriate place to consider the workings of the Common Market in detail, It may, however, be helpful to remind you that there are various Directorates each having a specific responsibility for one aspect of the market. There is, as you would expect, a Directorate responsible for transport known or more probably not known as DG VII. Each Directorate contributes it recommendations with a view to their incorporation into the law of the Common Market. That law, as we become increasingly aware, affects a greater and greater part of our everyday life.

It seems to me that there is going to be an increasing consideration by the Market of every aspect of transport law; it seems to me that many of the proposals are likely to have a significant impact on our industry. Those of you involved in international haulage are already feeling the effect of a radical change in Customs procedures, and I have no doubt that you at least will not need persuading that it is important to maintain a robust presence in the market.

It does not matter how large, or how small, your organisation may be. The Common Market is here to stay and its laws will continue to have an increasing impact on your business. However removed or irrelevant the antics of those involved in committees such as CLECAT may seem, the reality is that, as I have said, the contribution is vital.

As you may have gathered, my purpose in writing this article, is to urge you to be interested and, should you get the opportunity, to make sure your views are put forward.

by Jonathan Lawton point. The Tribunal members, it says, feel that the dismissal was fair because the company had shown considerable sympathy towards Wright and had acted in good faith throughout.

The facts were that the customer concerned, for which Roden did 90% of its work, objected to Wright's continued employment. The company was unable to find Wright another job within its organiation.

The Tribunal is satisfied that no question of redundancy arose in the circumstances. • Considerable problems, mainly delays, affecting cross-frontier road freighting between the UK and France are created by transport regulations. For the next few years, however, writes solicitor and transport consultant Largent Brown in UK-France Road Freighting,' a Legal Guide (£28 net; Kogan Page, 120 Pentonville Road, London NI 9JN) it looks as though the need to obtain transport authorisations will continue.

Operations are controlled by a bilateral agreement made in 1969, and since 1974 special ECMT permits have also been made available by the European Economic Community. This new book is an in-depth guide to the legal systems and requirements involved in running freight operations between the UK and France for transport and distribution managers and their legal advisors.

The various permit systems and Customs formalities for the driver, vehicle and the goods are examined, the workings of the Customs freighting procedures are explained, and the hew Customs 88 regime highlighted. In addition, the Code de la route is analysed.

In all cases, he writes, permits and advice on exemptions from the need to obtain permits, for example, for consignments under 6 tonnes, can be obtained from the International Road Freight Office (IRF'0), which has a helpline on 0632 610031. The International Road Haulage Permits Act 1975 gives Department of Transport inspectors power to detain vehicles and examine permits and vehicles bound for France. Permits should, therefore, be in order. The IRU Handbook has a useful section on permits.

The EEC Commission, he writes, has published propola to free the professional haulage sector from all quantitive restrictions from 1992, and the present period is a transitional phase, The AFTRI, the French international road transport association, has many services to offer freight management, but the material is us ally in French. If you are an international road carrier, then I'AFTRI est votre organisation!" Its address is: 2, avenue Velasquez, 75008 Paris.

The popularity of TIR means that many Customs offices are open to TIR traffic in France. The TIR system is not avaialble to UK/France movements: CTS applies. It is understood that, prima facie, offices open to tourist traffic will be pleased to handle CTS traffic, The Exports to Europe Branch (EEB) of the British Overseas Trade Board (BOTB) offers general notes on exporting; provided that goods exported to France are of UK origin or have had duties paid when imported into the UK (are goods in free circulation) there are no • The LAs, Annual Reports (see page 7) show that the number of new applications for goods vehicle operator licences in Scotland for the year 1986/87, was almost the same for the third successive year. The number of licence renewal applications was almost 20% less than the previous year.

There were 11,692 operator licences in issue, an mcrease of 54 on the previous period. Customs duties imposed. France applies Vat, usually on the CIF invoice value of the export goods (see EC Regulation 803/68).

For documentation the Community Transport System (CTS) applies and further information is available from HM Customs and Excise, Dorset House, Stamford Street, London SE1 9PS. The EEB refers to help on international trade practice obtainable from The Simplification of Trade Procedures Board (SITPRO), Almack House, King Street, London SWIY 6QW. The EEB, in its guidance notes, warns that every effort is made to ensure information is correct but that no legal responsibility is accepted for errors Naturally, comments the author, any government information bureau will wish to protect itself in this way.

All export/import documents are bound to show the relevant CCCN numbers (CCCN stands for Customs Co-operation Council Nomenclature): advice on numbers is given by Customs and Excise on 01-9280633, Exporters of certain agricultural goods covered by the Common Agricultural Policy (CAP) must register with the Intervention Board for Agricultural Produce, PO Box 69, Fountain House, 2 Queens Walk, Reading, Berkshire RG1 7QW. Some other exports, including arms, antiques and cocoa, are restricted and these can be checked with the Department of Trade and Industry, Export Licensing Branch, Millbank Tower, Millbank, London SW14Q1J, The use of the French language can be critical and is compulsory in transactions, proposals for transactions, and imports: regular liaison with French-speaking agents across the Channel should smooth transactions.

The author recommends the IRU Handbook for explanations of road traffic regulations sizes and weights, speed limits and traffic bans.

French law abounds with legal codes, says the author, who devotes several pages to the Code de la route, and Largent Brown recommends A Sourcebook on French Law by Sir Otto Kahn-Freund, Claudine Levy and Bernard Rudden (Oxford at the Clarendon Press 1979, 2nd Ed) to lawyers advising freighting management.

Largent Brown also has chapters on theCMR Convention; Special Loads; Freight Forwarders; Customs 88, Multimodal Transport; and Arbitration of Freighting Disputes.

In his piece on the CMR, among much detailed information and advice in a book of 113 large-format pages, he points out that the CMR obligation to take measures to resist theft, for instance, cannot be taken lightly. Information on the current safe parking places for lorries can be obtained by writing to the Syndicat des societes francaises dassurances maritimes et de transport.

Since June 1984, when environmental provisions came into effect, the number of objections and representations on the use of goods vehicle operating centres has increased substantially. Two weighbridges at Tayside Truckstop, Dundee, and on the A90 at Cramond provide driver self-weigh facilities. A third self-weigh site on the A92 at Findon will soon be operational.


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