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Final position paper on harmonised contract clauses in road transport - letter to Ms Loyola de Palacio Vice-President European Commission

2 July 2004

Ms Loyola de Palacio
Vice-President
European Commission
B-1049 Brussels
Brussels

Dear Ms de Palacio,

In the 2001 White Paper on EU Transport Policy, the European Commission stated its intention to develop a legislative initiative to harmonise and make compulsory minimum contract clauses in road transport to protect road hauliers from sudden and steep increases in fuel prices. It has come to our attention that the European Commission has recently started a consultation process, involving the Member States and the road transport sector about the existence and desirability of introducing these contract clauses. As this issue is of particular interest of our members, the users of road transport, the European Shippers’ Council would also like to be involved in this consultation process.

ESC considers that minimum contract clauses to oblige companies to compensate for changes in fuel prices or other costs would hamper the workings of the internal market and it would put a brake on the positive effects of competition. This view is further explained in the attached position paper.

I thank you for the attention you may give to our views.

Dick van den Broek Humphreij
Chairman

For further information contact: Nicolette van der Jagt, Secretary General of the ESC - Brussels 00 322 230 2113