The Regulation of the Law on the Management of Land Transports, approved by Royal Decree 1211/1990 of 28 September, establishes in Chapter IV of its Title IV the legal regime applicable to the conduct of transport International road, foreseeing that certain extremes be concretized or developed by the Minister of Development.

The system of granting to the Spanish carriers of the enabling authorizations for the realization of international transports of goods, was specifically regulated by the Order of the Ministry of Works, Public, Transport and the Environment of 7 October 1992.

Although that Order already took into account the imminent entry into force of the rules contained in Regulation (EEC) No 881/92 of 26 March 1992 on access to the market for the carriage of goods by road in the Community, which has as its starting point or destination the territory of a Member State or effected through the territory of one or more Member States, could not obviate the fact that, still at the time of its adoption, an appreciable part of the the international road transport carried out by the Spanish hauliers developed under the framework of bilateral authorisations. Hence, it maintained a whole series of strict qualitative restrictions on access to these authorisations, already mentioned in the previous legislation, aimed at rationalising their distribution in order to meet all the demands made by the companies.

However, the effective entry into force on 1 January 1993 of Regulation (EEC) No 881/92, which involved the elimination of all quantitative restrictions in respect of the granting of Community licences, has I would like to thank the Commission for its work on the proposal for a directive on the application of the rules of the European Parliament and of the Council of the European Parliament. represent more than 70 per 100 of the total of the international transports they carry out, (a) the Commission shall, in accordance with Article 1 (2) of Regulation (EC) No 1228/2000, provide for the necessary measures to be taken.

On the other hand, and, in relation to the countries with which the regime of bilateral authorizations remains, at this moment and, presumably, in the future, the general rule is the lack of authorizations, which allows for To a certain extent, the system so far in force for the distribution of such authorizations is more flexible, replacing the rigid qualitative limitations laid down in the 1992 Order for access to the same criteria exclusively by reference to intended to prevent the initial hoarding of authorisations by firms to the detriment of others, while retaining mechanisms that allow the proportional distribution of authorisations in the hypothetical assumption that, circumstantially, there may be a shortage of authorizations for a given country or mode of transport.

In its virtue, in use of the authorization granted by the 11th additional provision of the Regulations of the Law of Land Transport and the National Council of Land Transports and the National Committee of the Road Transport, I have:

CHAPTER I

General provisions

Article 1. Mandatory of the authorisation.

Spanish transport companies will only be able to carry out international public transport of goods when they are specifically authorised or generically authorized by the Directorate-General of Railways and Road Transport.

The ownership of the authorization or generic authorization for the realization of international transport, will in no case exempt the Spanish carriers from which the vehicles they use in the realization of each transport The international community shall be provided, in the part of that transport which runs through Spanish territory, with the authorizations for the carriage of goods or the TD class which are necessary to cover such a journey, as provided for in the internal rules for the management of land transport.

Article 2. Classification of international transport.

Depending on the need to provide for a specific authorization for their realization, international transports are classified in liberalized and subject to authorization.

It is called liberalized international transports all those that, according to the provisions of the international conventions or treaties or in the own norms of the international organizations of which Spain is a member, can be carried out by Spanish carriers without the need to provide, in advance, a specific authorization to enable them to be carried out, thus sufficient, for this purpose, the generic enablement referred to in the article previous.

International transports subject to authorization all those who, according to the provisions of the international conventions or treaties signed by Spain or in the norms of the international organizations of the that Spain is a member, can only be carried out by the Spanish hauliers who have obtained, previously, a specific authorization to enable them to be carried out.

Article 3. Nature of the generic rating for the conduct of liberalised international transport.

The registration as referred to in Article 6 will mean the generic qualification for the realization of international public transports in heavy vehicles that are liberalised.

The ownership of the corresponding public transport authorization of goods for light vehicle with sufficient radius of action to cover the part of the transport to be carried out on Spanish territory, will assume the a generic qualification for the conduct of international public transport which is liberalised, with the vehicle to which it is referred.

The ownership of the corresponding authorisation for the complementary private transport of goods will also mean the generic qualification for the realization of international private transports that are found liberalized, with the vehicle to which the said authorisation is concerned.

Article 4. Nature of the specific authorisation.

The specific authorisation provided for in Article 1 shall be deemed to have been granted where the Directorate-General for Railways and Road Transport has attributed to the carrier an authorisation from a foreign State or a international organization of which Spain is a member, whose distribution or grant has been entrusted to the Spanish Administration through the corresponding agreement with the foreign State or by the rules emanating from one of the referred to international organisations.

Article 5. Specific authorization classes.

Depending on their origin, specific international transport authorizations are classified in bilateral and multilateral.

It is called bilateral authorizations those foreign authorizations whose distribution or grant has been entrusted to the Spanish Administration through the corresponding agreement with the foreign State of treats and enables the Spanish carrier to transport to that State and from that State or in transit through it.

Multilateral authorizations are referred to as those authorizations of international organizations from which Spain is a member whose distribution or grant is entrusted to the Spanish Administration under the rules emanating from the international organisation concerned and enabling them to transport to and from any of the Member States of that organisation or in transit through them.

CHAPTER II

Subsection of Transport Companies

General Register Merchandise International

of Carriers and Activities Companies

Transport auxiliaries and Complementary

Article 6. Registration registration.

Spanish companies intending to carry out international public transport of goods in heavy goods vehicles must be registered in the Subsection of Companies of International Transport of Goods of the General Register Carriers and Companies of Auxiliary and Complementary Transport Activities (RETIM).

Article 7. Requirements for registration registration.

1. For registration as referred to in the previous article, it will be necessary to justify to the Directorate General of Railways and Transport by Road the compliance with the requirement of professional training for the exercise of the the activity of inland and international freight transport and the holder of at least one authorisation for the public internal transport of goods referred to a heavy vehicle with its own traction capacity, including those of the class TD, with sufficient scope to reach some of the Spanish borders.

2. The registered registration shall include the name or social name of the undertaking, its number of NIF or CIF, its registered office, the relationship of public internal transport authorisations of goods referred to heavy goods vehicles with own-traction capacity for which it is the holder, including for that purpose those of the TD class, of a sufficient scope to reach any of the Spanish borders, the identity and the NIF of the person or persons through which the undertaking complies with the a requirement for professional training, and the relationship of international transport authorisations, as well as, where appropriate, the legalised copies of the copies of which at any time available.

Article 8. Conditions of permanence in the RETIM.

1. The companies registered in the RETIM as provided for in the preceding Articles must justify to the Directorate-General of Railways and Transport by Road, with the periodicity and within the time limits which, for this purpose, are indicated, which continue to comply with the requirements laid down in Article 7.

The lack of periodic justification for compliance with these requirements within the deadlines which, to this effect, will be determined by the Directorate General of Railways and Transport by Road, will entail the cancellation of trade of the registration in the RETIM relating to the undertaking concerned.

2. Irrespective of the periodic justification laid down in the previous number, the Directorate-General for Railways and Road Transport may at any time check the maintenance of the requirements which originally made it viable. the registration of a company in the RETIM, seeking, for that purpose, the supporting documentation it considers relevant.

CHAPTER III

Granting specific authorities

international transport

SECTION 1 BILATERAL AUTHORIZATIONS

Article 9. Granting of bilateral authorizations.

1. Bilateral authorizations concerning modes of transport, the number of which is in principle sufficient to meet the number of requests, will be distributed by the Directorate-General for Railways and Road Transport between the companies registered in the RETIM according to the requests made by them in relation to their needs, according to one of the following three modalities:

a) Ordinary granting of authorizations.

b) Granting urgent authorizations.

c) Granting authorizations for repeated service.

2. Bilateral authorisations shall be issued in the name of the applicant company and shall be non-transferable, except in the case of a change in the name or legal form of the undertaking or of transmission to the forced heirs, and shall be returned in the maximum period of one month from the date of completion of the transport or, in the case of not having been used or being temporary authorisations, from the date of its validity, completed with all the data required by the Directorate-General for Railways and Road Transport and sealed by the customs office of the corresponding border of entry or exit from the territory of the European Union and, where appropriate, accompanied by the evidence of the transport for which they were made available.

Article 10. Ordinary grant of authorizations.

Outside of the assumptions referred to in Article 12, the Directorate-General for Rail and Road Transport shall issue the bilateral authorisations requested to it taking into account the following limitations:

(a) The maximum number of bilateral authorizations that each company may have in its possession at the same time shall be equal to the number of public internal transport authorizations registered in the RETIM.

Companies that have reached this maximum number will only be able to obtain a new bilateral authorization by returning another one of those previously granted in accordance with the terms of Article 9.2.

(b) The maximum number of bilateral authorizations in the same country that each company may have in its possession at the same time shall be conditioned by the number of internal transport authorizations registered in the RETIM, with fix to the following scale:

Companies that have between one and five internal transport authorizations registered in the RETIM will not be able to have more than two bilateral authorizations from the same country.

Companies that have between six and 10 internal transport authorizations registered in the RETIM will not be able to have more than four bilateral authorizations from the same country.

Companies that have between 11 and 15 inland transport authorizations registered in the RETIM will not be able to have more than 6 bilateral authorizations from the same country.

Companies that have 16 to 25 inland transport authorizations registered in the RETIM will not be able to have more than eight bilateral authorizations from the same country.

Companies that have more than 25 inland transport authorizations registered in the RETIM will not be able to have more than 10 bilateral authorizations from the same country.

The return of the authorizations outside the deadlines set out in Article 9.2, or their return without completing the data required by the Directorate General of Railways and Road Transport, will involve the the discount of as many as the maximum number of authorisations which could be granted to the company for the country concerned in accordance with the previous scale.

Article 11. Urgent granting of authorizations.

Those carriers that receive urgent demands for international transport for whose realization they need to be provided with the corresponding bilateral authorizations of transport, will be able to request the urgent grant of these.

Applications for the urgent granting of authorizations must contain the specifications that, in order to facilitate their quickest processing, determine the Directorate General of Railways and Road Transport.

Received such requests, the Directorate General of Railways and Road Transport will proceed to the granting of the requested authorizations within a period not exceeding forty-eight hours.

Transport authorised in accordance with the procedure laid down in this Article shall be initiated within a maximum of three days following the issue of the relevant authorisations. Failure to comply with that period and the time limit laid down in Article 9.2 for the return of authorisations used, where such authorisations have been obtained in accordance with the provisions of this Article, shall give rise to the undertaking to which the were granted cannot apply for the urgent grant of new authorisations until six months after the date on which the missed deadline was exhausted.

The rules contained in Article 10 shall apply, for the rest, to the granting of authorizations as regulated in this Article.

Article 12. Granting of authorizations for repeated services.

You will be eligible for the grant procedure provided for in this article by companies that meet either of the following requirements:

a) To have obtained from a loader a load commitment to perform a series of continuous trips for a certain country.

b) Dispose of a specialized commercial organization that allows them to collect loads for a particular country through one or several chargers. The assessment of compliance with this requirement shall take into account the number of authorisations requested and duly used in previous years by the undertaking for the country concerned.

Requests for the granting of authorizations for repeated services shall contain the specifications and accompany the documents which, in order to verify the concurrency of any of the requirements above referred to, the Directorate-General for Rail and Road Transport determines.

Proven, the Directorate-General of Railways and Road Transport will initially grant the applicant twice the number of authorisations that are necessary to cover the first shipment of goods. It shall subsequently grant a new authorisation for each of which the applicant returns used in accordance with Article 9.2.

Article 13. Special assumptions for the granting of bilateral authorisations.

Exceptionally, when the number of authorizations corresponding to a particular country or mode of transport available to the Spanish Administration is in principle insufficient to meet all the requirements of the (a) the undertakings shall be distributed to the applicants in such a way that, in so far as the quotas permit, each undertaking is assigned the same number of authorizations as assigned to it and duly used in the year precedent.

To this effect, the authorisations have been duly used, when the travel has been carried out in accordance with the terms laid down in the same or when they have been returned without the use of the justified within its term of validity.

Once each company has been granted an equal number of authorizations to the one that was assigned to it and duly used in the previous year, possible increases in the number of authorizations, in the event that they continue being insufficient to meet all the added demands made by the companies, they will be distributed on the basis of the size of the applicant companies, measured according to their fleet of vehicles, in accordance with the criteria laid down in the Articles 9 to 12. However, where the application of this criterion is not sufficient to ensure a fair distribution of the authorisations which constitute the increase in quota, the rest of the criteria referred to above shall also be taken into account. in point (b) of Article 148 of the ROTT.

SECTION 2. MULTILATERAL AUTHORIZATIONS OF THE UNION

EUROPEAN

Article 14. Granting of Community licences (multilateral authorizations of the European Union).

1. A Community licence (multilateral authorisation from the European Union) shall be granted to each of the companies registered in the RETIM which requests it.

2. The Directorate-General for Rail and Road Transport will issue as many legalised copies of the Community licence as the company has requested from it, up to a number equal to that of public internal transport authorisations. is registered with the RETIM.

3. Community licences shall be granted within a period of validity of five years, but that validity shall be conditional on the undertaking holding such licences, within the time limits corresponding to that provided for in Article 8, which is justified by the continues to meet the conditions of permanence in the RETIM.

To this end, the companies holding Community licences must submit, at the time of the periodic justification of the conditions of stay in the RETIM, the corresponding licence and their certified copies, in order to be carried out by the Directorate-General for Railways and Road Transport by extending its effectiveness until the end of the following period for the justification of those conditions of stay in the RETIM.

SECTION 3. TH MULTILATERAL AUTHORIZATIONS OF THE CEMT

Article 15. Granting of multilateral authorizations for the CEMT contingent.

The available multilateral authorisations for the CEMT contingent will be distributed to companies that have requested them on the basis of the following criteria:

(a) To the extent permitted by the quota, to undertakings which are already holders of multilateral ECMT authorizations, the number of those assigned to them on 1 January of the preceding year shall be maintained and have been duly used.

The authorisations of the ECMT shall be understood to have been duly used when they reach the level of use which, for that purpose, establishes at least the Directorate-General for Rail and Road Transport.

(b) The annual increases in multilateral ECMT authorisations shall be distributed according to the following factors:

The company's dimension based on the number of vehicles. Number and use of the authorizations of the CEMT that already owns the company, used to carry out transport to countries that are not members of the European Union.

SECTION 4. COOPERATIVES OF CARRIERS AND MARKETING COMPANIES

Article 16. Cooperatives of carriers and marketing companies.

The cooperatives of carriers or marketing companies referred to in Article 61 of the Land Transport Management Act may be eligible for the allocation of bilateral and multilateral authorizations for the CEMT contingent, provided the general provisions of this Order with the following concretions:

For the purposes set out in Article 10 (b), the sum of the vehicles available shall be computed by the associated carriers who meet the general conditions of professional training for international transport.

For the purposes set out in Articles 13 and 15, all those who are members of the cooperative or marketing company shall be taken into account as international transport authorizations of the cooperative or marketing company. to be incorporated into it. From such incorporation, they may only be granted access to the granting of the authorizations referred to in those provisions through the cooperative or the marketing company, in accordance with the following provisions.

The authorisations allocated to the cooperative or the marketing company shall be attributed to the specific partners meeting the requirements set out in the preceding paragraph and must be used, the same being name of these. The material consignation of the data of the holder of each authorization shall be carried out by the own cooperatives or marketing companies, except in cases where the Directorate-General of Railways and Transport by Road This function is expressly provided for the Administration.

This Directorate-General shall, in any case, include in each authorization, for the necessary identification and control, the cooperative or the marketing company to which the haulier of the same shall belong.

The cooperatives or marketing companies must be registered in the General Register of Carriers and Companies of Auxiliary and Complementary Activities of Transport, and to show, for all intents and purposes, its partners, the representation, management and management in front of the users in all matters related to the business ' rotation and traffic.

The marketing cooperatives or companies shall have a Director responsible for the technical and financial direction required by the international transport activity, who shall, for all intents and purposes, represent it to the Ministry of Development. The Director shall meet the requirements of good repute and professional training for the activity of the transport agency.

Additional disposition.

Community licence holders who wish to have new licences, as well as the corresponding certified copies, prior to the expiry of the licences, must submit their application, together with the supporting documents referred to in Article 7 of this Order, at least two months in advance of the deadline.

The new licenses and their certified copies will be delivered only after the previous one has been returned.

Transitional disposition.

Community licence holders, whose due date will be produced within the year 1997 who wish to have new licences in advance of the date of expiry of those licences, must apply for their grant, as well as of the corresponding certified copies, within the period from 1 May to 31 August 1997.

The application for new licences and certified copies shall be accompanied by the supporting documentation referred to in Article 7 of this Order.

The new licenses and their certified copies will be delivered only after the previous one has been returned.

Repeal provision.

The Order of 7 October 1992 for the development of Chapter IV of Title IV of the Regulation of the Law on the Management of Land Transport in respect of the granting of transport authorizations is hereby repealed. international road freight, as well as all other provisions of equal or lower rank shall be contrary to the provisions of this Order.

Final disposition.

The Directorate-General of Railways and Road Transport is empowered to issue the necessary provisions for the application and development of this Order, as well as to resolve the doubts as to the same are subtracted.

Madrid, 7 March 1997.

MONTALVO ARIAS-SALGADO