12. 11. 93 Official Journal of the European Communities No L 279/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof, . Having regard to the proposal from the Commission (*), Having regard to the opinion of the European Par-. liament (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas, pursuant to Article 75 (1) (b) of the Treaty, the establishment of a common transport policy entails, inter alia, laying down the conditions under which non- resident carriers may operate transport services within a Member State ; Whereas this provision implies the removal of all restric- tions against the person providing the services in question on the grounds of his nationality or the fact that he is established in a different Member State from the one in which the service is to be provided ; Whereas, in order for this provision to be implemented smoothly and flexibly, provision should be made for a transitional cabotage system prior to the implementation of the definitive system ; Whereas only carriers who are holders of Community authorizations provided for in Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing through the territory of one or more Member States (%) or carriers authorized to operate certain categories of international haulage services may be permitted to carry out cabotage ; () OJ No C317,7.12,.1991,p. 10 and OJ No C 172, 8. 7. 1992, p- 22 (® OJ No C 150, 15. 6. 1992, p. 336. () OJ No C 169, 6. 7. 1992, p. 30. () OJ No L 95, 9. 4. 1992, p. 1. Whereas such a transitional system should entail the introduction of a progressive quota of Community cabo- tage authorizations ; Whereas the conditions for the issue and use of the said cabotage authorizations should be determined ; Whereas the provisions of the host Member State appli- cable to cabotage operations should be fixed; Whereas provisions should be adopted so that action can be taken in the event of serious disturbance of the trans- port markets affected; whereas for that purpose it is necessary to introduce a suitable decision-making proce- dure and for the required statistical data to be collected ; Whereas it is desirable that Member States should grant each other mutual assistance with a view to the sound application on the system introduced; particularly in respect of penalties applicable in the event of infringe- ments ; whereas penalties should be non-discriminatory and in proportion to the seriousness of the infringe- ments ; whereas there is a need to provide for the possibi- lity of lodging an appeal ; Whereas the Commission should periodically submit a report on the application of this Regulation ; Whereas in order to meet the obligations devolving upon the Council, it is necessary to fix the date of entry into force of a definitive system enabling cabotage operations to be effected without quantitative restrictions, HAS ADOPTED THIS REGULATION : Article 1 1.  Any road haulage carrier for hire or reward who is a holder of the Community authorization provided for in Regulation (EEC) No 881/92 shall be entitled, under the conditions laid down in this Regulation, to operate on a temporary basis national road haulage services for hire and reward in another Member State, hereinafter referred to respectively as ‘cabotage’ and as the ‘host Member State’, without having a registered office or other establishment therein.