Council Directive 68/297/EEC of 19 July 1968 on the standardisation of provisions regarding the duty-free admission of fuel contained in the fuel tanks of commercial motor vehicles

• CELEX: Directive 68/297/EEC
• Articles: 7

Article 1

Member States shall, acting in accordance with this Directive, standardise provisions regarding the duty-free admission of fuel contained in fuel tanks of commercial motor vehicles registered in a Member State and travelling across common frontiers between Member States.

Article 2

For the purposes of this Directive "commercial motor vehicle" means any motorised road vehicle which in construction and equipment is suitable and intended for the carriage, with or without remuneration: (a) of more than nine persons including the driver;

(b) of goods.

Article 3

1. With effect from 1 February 1969 at the latest, Member States shall admit duty-free a quantity of fifty litres of motor fuel.

2. Whenever a major approximation of national systems of diesel fuel taxation is undertaken, the Council, acting unanimously on a proposal from the Commission, shall specify the quantity of fuel which Member States shall admit duty-free in excess of the quantity specified in paragraph 1.

The Council shall, following the same procedure, take a decision concerning the duty-free admission of all of the fuel contained in the normal fuel tanks of commercial motor vehicles, once differences in the 1OJ No 88, 24.5.1965, p. 1500/65. 2OJ No 28, 17.2.1967, p. 459/67. 3OJ No 42, 7.3.1967, p. 618/67.

aforesaid systems of taxation have been sufficiently reduced.

3. Each Member State may admit duty-free quantities of fuel in excess of the quantities admissible pursuant to the provisions of paragraphs 1 and 2.

4. Quantities of fuel specified by a Member State pursuant to any of the foregoing paragraphs shall be the same irrespective of the Member State in which the commercial motor vehicle is registered.

Article 4

In no case may measures adopted by a Member State pursuant to this Directive be less favourable than those applied by that Member State to commercial motor vehicles registered in third countries and travelling across common frontiers between Member States.

Article 5

1. Each Member State may, after consulting the Commission, limit the quantities admitted duty-free in pursuance of Article 3 (2) as regards commercial motor vehicles performing international transport operations into its frontier zone to a depth not exceeding twenty-five kilometres as the crow flies.

2. Quantities of fuel specified by a Member State pursuant to paragraph 1 shall be the same irrespective of the Member State in which the commercial motor vehicle concerned is registered.

Article 6

Member States shall inform the Commission of the measures taken to implement this Directive.

Article 7

This Directive is addressed to the Member States.

Done at Brussels, 19 July 1968.

For the Council

The President

O.L. SCALFARO