Legal provisions of COM(2007)264 - Common rules for the international carriage of passengers by coach and bus (recast) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2007)264 - Common rules for the international carriage of passengers by coach and bus (recast). |
|---|---|
| document | COM(2007)264  |
| date | May 23, 2007 |
Chapter I: General provisions
Contents
Article 1 - Scope 881/92 (adapted) new
2. In the event of carriage from a Member State to a non-member third country and vice versa, this Regulation shall apply to the part of the journey on the territory of any Member State crossed in transit. It shall not apply to that part of any journey carried out within the territory of the Member State of loading or unloading, after conclusion of as long as the necessary agreement between the Community and the non-member third country concerned has not been concluded .
3. Pending the conclusion of the agreements referred to in paragraph 2 between the Community and the non-member third countries concerned, this Regulation shall not affect:
a) provisions relating to the carriage referred to in paragraph 2 from a Member State to a third country and vice versa included in bilateral agreements concluded by Member States with those non-member third countries. However, Member States shall endeavour to adapt those agreements to ensure compliance with the principle of non-discrimination between Community hauliers.
b) provisions relating to the carriage referred to in paragraph 2 from a Member State to a third country and vice versa included in bilateral agreements concluded between Member States which, either under bilateral authorisations or under liberalization arrangements, allow loading and unloading in a Member State by hauliers not established in that State.
However, Member States shall endeavour to adapt those agreements the agreements referred to in point (a) of the first subparagraph to ensure compliance with the principle of non-discrimination between Community hauliers.
new
4. This Regulation shall also apply to national carriage of goods by road undertaken on a temporary basis by a non-resident haulier as provided for in Chapter III.
2006/94 (adapted)
new
Article 1
1. Under the conditions laid down in paragraph 2, Member States shall liberalise the types of international carriage of goods by road for hire or reward and on own account listed in Annex I where such carriage is performed to or from or in transit through their territory.25. This Regulation shall not apply to The types of carriage and unladen journeys made in conjunction with the following types of carriage and unladen journeys made in conjunction with such carriage listed in Annex I shall be exempted from Community authorisation and from any carriage authorisation.:
2006/94 (adapted)
new
ANNEX I
Types of carriage to be exempted from any Community authorisation and from any carriage authorisation
1.(a) carriage of mail as a public service.
2.(b) carriage of vehicles which have suffered damage or breakdown.
3.(c) carriage of goods in motor vehicles the permissible laden weight of which, including that of trailers, does not exceed six 3,5 tonnes or the permissible payload of which, including that of trailers, does not exceed 3,5 tonnes.
4.(d) Carriage of goods in motor vehicles provided the following conditions are fulfilled:
(a)i) the goods carried must be the property of the undertaking or must have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking;
(b)ii) the purpose of the journey must be to carry the goods to or from the undertaking or to move them, either inside the undertaking or outside for its own requirements;
(c)iii) motor vehicles used for such carriage must be driven by employees of the undertaking;
(d)iv) the vehicles carrying the goods must be owned by the undertaking or have been bought by it on deferred terms or hired provided that in the latter case they meet the conditions of Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road .
This provision shall not apply to the use of a replacement vehicle during a short breakdown of the vehicle normally used;
(e)v) such carriage must be no more than ancillary to the overall activities of the undertaking.
5.(e) carriage of medicinal products, appliances, equipment and other articles required for medical care in emergency relief, in particular for natural disasters.
Point (d) (iv) of the first subparagraph This provision shall not apply to the use of a replacement vehicle during a short breakdown of the vehicle normally used.
2006/94 (adapted)
Article 2
2006/94 Art. 3 (adapted)
Article 3
References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex III.
881/92 Art. 2 (adapted)
Article 2 - Definitions
For the purposes of this Regulation:1) vehicle shall mean means a motor vehicle registered in a Member State or a coupled combination of vehicles the motor vehicle of which at least is registered in a Member State and which are used exclusively for the carriage of goods,;
2) international carriage shall mean means :
(a) a laden journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States, with or without transit through one or more Member States or non-member third countries;
(b) a laden journey undertaken by a vehicle from a Member State to a non-member third country or vice versa, with or without transit through one or more Member States or non-member third countries;
(c) a laden journey undertaken by a vehicle between non-member third countries, with transit through the territory of one or more Member States;
(d) an unladen journey in conjunction with such the carriage referred to in (a), (b) and (c) ;
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3) host Member State means a Member State in which a haulier operates other than the Member State where the haulier is established.
4) non-resident haulier means a road haulage undertaking which operates in a host Member State.
484/2002 Art. 1.1 (adapted)
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5) driver shall mean means the any person who drives a the vehicle even for a short period , or who is carried in that a vehicle as part of his duties in order to be available for driving if necessary.
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6) cabotage operations means national carriage for hire or reward carried out on a temporary basis in a host Member State.
7) serious infringement or repeated minor infringements of Community road transport legislation means infringements which lead to the loss of good repute in accordance with Article 6 (1) and (2) of Regulation [admission to the occupation].
881/92 (adapted)
Chapter II: International carriage
Article 3 - Principle
484/2002 Art. 1.2(a) (adapted)1. International carriage shall be carried out subject to a Community authorisation licence and, if the driver is a national of a third country, in conjunction with a driver attestation if the driver is a national of a non-member country.
881/92 (adapted)
Article 4 - Community licence
For carriage falling within the scope of this Regulation it shall also replace both the Community authorizations and the bilateral authorizations exchanged between Member States which are necessary until this Regulation comes into force.
881/92 Article 3 (2) (adapted)
21. The Community authorization licence shall be issued by a Member State, in accordance with Article 5 and 7 this Regulation , to any haulier carrying goods by road for hire or reward who:
a) is established in a Member State, hereinafter referred to as the «Member State of establishment» in accordance with the Community legislation and the national legislation of that Member State,;
b) is entitled in that the Member State of establishment , in accordance with the Community legislation of the Community and the national legislation of that Member State concerning admission to the occupation of road haulage operator to carry out the international carriage of goods by road.
484/2002 Art. 1.3 (adapted)
2. The driver attestation referred to in Article 3 shall certify that in the context of transport by road covered by Community authorization, a driver who is a national of a non-member country carrying out such transport is employed in the haulier's Member State of establishment in accordance with the laws, regulations or administrative provisions and, as appropriate, the collective agreements, in accordance with the rules applicable in that Member State, on the conditions of employment and of vocational training of drivers to carry out road transport operations in that State.
881/92 (adapted)
new
Article 5
32. The Member States Member State of establishment shall issue the holder with the original of the Community authorization licence , which shall be kept by the haulage undertaking, and the number of certified true copies corresponding to the number of vehicles at the disposal of the holder of the Community authorization licence , whether wholly owned or, for example, under hire purchase, hire or leasing contracts.
43. The Community authorization licence and the certified true copies shall correspond to the model set out in of Annex I, which also lays down the conditions governing its use.
The measures designed to amend non-essential elements of this Regulation relating to the adaptation of Annex I to technical progress shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14 (2).
new
5. The Community licence and the certified true copies shall bear an engraved stamp or seal of the issuing authority as well as an original signature and a serial number. The serial numbers of the Community licence and the certified true copies shall be recorded in the national electronic register of road transport undertakings provided for in Article 15 of Regulation (EC) No xx/xxxx [admission to the occupation] as part of the data set of the haulier.
881/92 (adapted)
new
64. The Community authorization licence shall be made out in the haulier's name,. The haulier he may shall not transfer it to any third party. A certified true copy of the Community licence shall be kept in each of the haulier's vehicle and must be produced whenever required by an authorised inspecting officer.
881/92 Annex I, second page, 7th paragraph, 2nd and 3rd sentence (adapted)
In the case of a coupled combination of vehicles it the certified true copy must shall accompany the motor vehicle. It couvers shall cover the coupled combination of vehicles even if the trailer or semi-trailer is not registered or authorised to use the roads in the name of the authorization licence holder or if it is registered or authorised to use the roads in another Member State.
484/2002 Art. 1.4 (adapted)
5. A Community authorisation shall be issued for a renewable period of five years.
484/2002 Art. 1.2(b); 1.5 (adapted)
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Article 65 - Driver attestation
13. A driver attestation shall be issued by a Member State, in accordance with this Article 6, to any haulier who:a) is the holder of a Community authorization, licence;
b) in that Member State lawfully employs drivers who are nationals of non-member third countries or lawfully uses drivers who are nationals of non-member third countries put at his disposal in accordance with the conditions of employment and of vocational training laid down in that same Member State:
i) by laws, regulations or administrative provisions, and, as appropriate,;
ii) by collective agreements, in accordance with the rules applicable in that Member State.
2. A The driver attestation shall be issued by the competent authorities of the Member State of establishment of the haulier at the request of the holder of the Community authorization licence for each driver who is a national of a non-member third country whom he lawfully employs or who is lawfully put at his disposal in accordance with the laws, regulations or administrative provisions and, as appropriate, the collective agreements, in accordance with the rules applicable in that Member State, on the conditions of employment and of vocational training of drivers applicable in that same Member State. Each driver attestation shall certify that the driver named therein is employed in accordance with the conditions laid down in Article 4 paragraph 1 .
3. The driver attestation shall conform to the model set out in Annex IIIII, which also lays down the conditions governing its use.
4. The measures designed to amend non-essential elements of this Regulation relating to the adaptation of Annex II to technical progress shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14 (2).
5. The driver attestation shall bear an engraved stamp or seal of the issuing authority as well as a signature and a serial number. The serial number of the driver attestation shall be recorded in the national electronic register of road transport undertakings provided for in Article 15 of Regulation (EC) No xx/xxxx [admission to the occupation] as part of the data set of the haulier who puts it at the disposal of the driver designated therein.
Member States shall take all steps necessary to prevent the forgery of driver attestations. They shall inform the Commission thereof.
6. The driver attestation shall belong to the haulier, who puts it at the disposal of the driver designated therein when that driver drives a vehicle using a Community authorization licence issued to that haulier. A certified true copy of the driver attestation issued by the competent authorities of the Member State of establishment of the haulier shall be kept at the haulier's premises. The driver attestation shall be produced whenever required by an authorised inspecting officer.
7. A driver attestation shall be issued for a period to be determined by the issuing Member State, subject to a maximum validity of five years. Driver attestations issued before the date of application of this Regulation shall remain valid until the date of their expiry.
The driver attestation shall be valid only as long as the conditions under which it was issued are satisfied. Member States shall take appropriate measures to ensure that if those conditions are no longer met the haulier returns the attestation immediately to the issuing authorities.
881/92 art. 7 (adapted)
1 484/2002 Art. 1.6
Article 76 - Verification of conditions
1 1. Whenever an application for a Community authorization licence is lodged, not more than five years after issue and subsequently at least every five years, the competent authorities of the Member State of establishment shall verify whether the haulier satisfies or still satisfies the conditions laid down in Article 3 (2) 4 (1).484/2002 Art. 1.6
2. The competent authorities of the Member State of establishment shall regularly verify, by carrying out checks each year, covering at least 20 % of the valid attestations issued in that Member State, whether the conditions referred to in Article 3 (3) 5 (1) under which a driver attestation has been issued are still satisfied.
484/2002 Art. 1.7 (adapted)
Article 87 - Refusal to issue and withdrawal of Community licence and driver attestation
1. If the conditions laid down in Article 3 (2) 4 (1) or those referred to in Article 3(3) 5 (1) are not satisfied, the competent authorities of the Member State of establishment shall reject an application for the issue or renewal of a Community authorization licence or of a driver attestation, by means of a decision which states the reasons therefor.2. The competent authorities shall withdraw a Community authorization licence or a driver attestation where the holder:
(a) no longer satisfies the conditions laid down in Article 3 (2) 4 (1) or those referred to in Article 3 (3) 5 (1), or
(b) has supplied incorrect information in relation to the data required for the issue of an application for a Community authorization licence or of a driver attestation.
484/2002 Art. 1.8
2. The Member States shall guarantee that the holder of a Community authorization can appeal against any decision by the competent authorities of the Member State of establishment to refuse or withdraw a driver attestation or to make the issue of driver attestations subject to additional conditions.
3118/93 – 484/2002 (adapted)
Chapter III: Cabotage
484/2002 Art. 2.1 (adapted)
Article 18 - Principle
1. Any road haulage carrier for hire or reward who is a holder of the a Community authorization licence provided for in Regulation (EEC) No 881/92 and whose driver, if he is a national of a non-member third country, holds a driver attestation in accordance with the conditions laid down in the said Regulation, shall be entitled, under the conditions laid down in this Regulation Chapter , to operate on a temporary basis national road haulage services for hire or 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 carry out cabotage operations .new
2. Road haulage carriers referred to in paragraph 1 shall be permitted to carry out, with the same vehicle, up to three cabotage operations consecutive to an international carriage from another Member State or from a third country to the host Member State once the goods carried in the course of the incoming international carriage have been delivered. The last unloading of a load in the course of a cabotage operation before leaving the host Member State must take place within seven days from the last unloading in the host Member State in the course of the incoming international carriage.
3. National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed in conformity with this Regulation if the haulier can produce clear evidence of the international carriage in the course of which he has arrived in the host Member State and of each consecutive cabotage operation carried out there. Such evidence shall comprise at least the following details for each operation:
(a) the name, address and signature of the sender;
(b) the name, address and signature of the carrier;
(c) the name and address of the consignee as well as his signature and the date of delivery once the goods have been delivered;
(d) the place and the date of taking over of the goods and the place designated for delivery;
(e) the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognized description as well as the number of packages and their special marks and numbers; and
(f) the gross weight of the goods or their quantity otherwise expressed;
(g) the number plates of the motor vehicle and trailer.
The consignment letter or any other transport document can serve for this purpose.
3118/93 (adapted)
42. In addition, Any carrier entitled in the Member State of establishment, in accordance with that Member State's legislation, to carry out the road haulage operations for hire or reward mentioned specified in Article 1 (5), points (a) (1), (b) (2) and (c) (3) of the Annex to the First Directive shall be permitted, under the conditions set out in this Regulation, to carry out, as the case may be, cabotage operations of the same kind or cabotage operations with vehicles in the same category.
484/2002 Art. 2.2 (adapted)
If the driver is a national of a non-member country, he must hold a driver attestation in accordance with the conditions laid down in Regulation (EEC) No 881/92.
3118/93 (adapted)
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53. Permission to carry out cabotage operations, within the framework of the types of carriage referred to in Article 1 (5) point (e) 5 of the Annex to the First Directive, shall be unrestricted.
64.Any undertaking entitled in the Member State of establishment, in accordance with that Member State's legislation, to carry out road haulage operations for own account as defined in Article 1 (5) point (d) shall be permitted to carry out cabotage operations on own account as defined in point 4 of the Annex to the First Directive.
The Commission shall adopt the detailed rules for implementing this paragraph.
3118/93 (adapted)
Article 2
1. With a view to the progressive introduction of the definitive system defined in Article 12, cabotage operations shall be carried out from 1 January 1994 to 30 June 1998 within the framework of Community cabotage quotas, without prejudice to Article 1 (3).Cabotage authorizations shall correspond to the model in Annex I.
3315/94 Art. 1.1
A Community cabotage quota shall consist of cabotage authorizations, each valid for two months, in accordance with the following table:
Year | Number of authorizations |
1994 | 30000 |
1995 | 46296 |
1996 | 60191 |
1997 | 83206 |
1 January to 30 June 1998 | 54091. |
3118/93
2. At the request of a Member State, to be submitted before 1 November of each year, one cabotage authorization may be converted into two short-duration authorizations, each valid for one month.
The short-duration cabotage authorizations shall correspond to the model in Annex II.
3. The quota shall be allocated amongst the Member States as follows:
3315/94 Art. 1.2
| 1995 | 1996 | 1997 | 1 January to 30 June 1998 |
Belgium | 3647 | 4742 | 6223 | 4045 |
Denmark | 3538 | 4600 | 6037 | 3925 |
Germany | 5980 | 7774 | 10203 | 6632 |
Greece | 1612 | 2096 | 2751 | 1789 |
Spain | 3781 | 4916 | 6452 | 4194 |
France | 4944 | 6428 | 8436 | 5484 |
Ireland | 1645 | 2139 | 2808 | 1826 |
Italy | 4950 | 6435 | 8445 | 5490 |
Luxembourg | 1699 | 2209 | 2899 | 1885 |
Netherlands | 5150 | 6695 | 8786 | 5711 |
Austria | 0 | 0 | 4208 | 2736 |
Portugal | 2145 | 2789 | 3661 | 2380 |
Finland | 1774 | 2307 | 3029 | 1969 |
Sweden | 2328 | 3027 | 3973 | 2583 |
United Kingdom | 3103 | 4034 | 5295 | 3442 |
3118/93
Article 3
1. The cabotage authorizations referred to in Article 2 shall allow the recipient to carry out the cabotage operations.2. Cabotage authorizations shall be distributed by the Commission to the Member States of establishment and issued to carriers applying for them by the competent authority or body of the Member State of establishment.
They shall bear the distinctive sign of the Member State of establishment.
3. A cabotage authorization shall be made out in the name of the carrier. That carrier may not transfer it to a third party. Each cabotage authorization may be used by only one vehicle at a time.
«Vehicle» means a motor vehicle registered in the Member State of establishment or a coupled combination of vehicles of which at least the motor vehicle is registered in the Member State of establishment and which are used exclusively for the carriage of goods.
The non-resident carrier shall have the vehicle at his disposal either under full ownership or an another basis, inter alia, a hire-purchase, hire or leasing contract.
In the case of hiring, the vehicle shall be hired by the carrier in the Member State of establishment to carry out cabotage operations. However, the non-resident carrier may, in order to complete a cabotage operation interrupted because of a breakdown or an accident, hire a vehicle in the host Member State under the same conditions as resident carriers.
The cabotage authorization and the hiring contract, if any, shall accompany the motor vehicle.
4. The cabotage authorization must be produced whenever requested by inspecting officers.
5. The date from which a cabotage authorization is valid must be entered on the authorization before it is used by the competent authority or body of the Member State of establishment.
Article 4
Transport operations effected under a cabotage authorization shall be entered in a book of record sheets and the sheets shall be returned with the authorization to the competent authority or body of the Member State of establishment which issued the authorization within eight days of the expiry of the validity of the authorization.The book of record sheets shall correspond to the model in Annex III.
Article 5
1. At the end of each quarter and within three months, which may be reduced by the Commission to one month in the case referred to in Article 7, the competent authority or body of each Member State shall communicate to the Commission the data concerning the cabotage operations carried out during that quarter by resident carriers, such data being expressed in tonnes carried and in tonnes/kilometres.The communication shall be effected by means of a table, the model for which is set out in Annex IV.
2. The Commission shall send the Member States as soon as possible summary statements drawn up on the basis of the data submitted under paragraph 1.
3118/93 Art. 6 (adapted)
new
Article 69 - Rules applicable to cabotage operations
1. The performance of cabotage transport operations shall be subject, save as otherwise provided in Community Regulations legislation , to the laws, regulations and administrative provisions in force in the host Member State in the following areas:(a) rates and conditions governing the transport contract;
(b) weights and dimensions of road vehicles; such weights and dimensions may, where appropriate, exceed those applicable in the carrier's Member State of establishment, but they may under no circumstances exceed the technical standards certified by the proof of compliance referred to in Article 1 (1) of Council Directive 86/364/EEC ;
(c) requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs, live animals;
(d) working time , driving time and rest time periods ;
(e) value added tax (VAT) on transport services. In this area Article 21 (1) (a) of Directive [77/388/EEC] shall apply to the services referred to in Article 1 of this Regulation.
The weights and dimensions referred to in point (b) may, where appropriate, exceed those applicable in the carrier's Member State of establishment, but they may under no circumstances exceed the limits set by the host Member State for national traffic or the technical standards certified by the proof characteristics mentioned in the proofs of compliance referred to in Article 1 6 (1) of Council Directive 86/364/EEC 96/53 .
2. The technical standards of construction and equipment which vehicles used to carry out cabotage operations must meet shall be those laid down for vehicles put into circulation in international transport.
23. The laws, regulations and administrative provisions referred to in paragraph 1 shall be applied to non-resident transport operators hauliers on under the same conditions as are imposed on that Member State's those which that Member State imposes on its own nationals, so as to prevent any open or hidden discrimination on grounds of nationality or place of establishment.
4. If it is established that, in the light of experience, the list of areas covered by the host Member State's laws, regulations and administrative provisions referred to in paragraph 1 needs to be adapted, the Council shall amend that list, acting by a qualified majority on a proposal from the Commission.
3118/93 (adapted)
new
Article 7
2. For the purposes of paragraph 1:
- serious disturbance of the national transport market in a given geographical area means the existence on the market of problems specific to it, such that there is a serious and potentially enduring excess of supply over demand implying a threat to the financial stability and survival of a significant number of road haulage undertakings,
- geographical area means an area covering all or part of the territory of a Member State or extending to all or part of the territory of other Member States.
3. The Commission shall examine the situation, on the basis in particular of the latest quarterly data referred to in Article 5 and, after consulting the Advisory Committee set up by Article 5 of Regulation (EEC) No 3916/90 , shall decide within one month of receipt of the relevant Member State's request whether or not safeguard measures are necessary and shall adopt them if they are necessary.
Such measures may involve the temporary exclusion of the area concerned from the scope of this Regulation.
The measures introduced in accordance with this Article shall remain in force for a period not exceeding six months, renewable once within the same limits of validity.
The Commission shall without delay notify the Member States and the Council of any decision taken pursuant to this paragraph.
4. If the Commission decides to take safeguard measures concerning one or more Member States, the competent authorities of the Member States involved shall be required to take measures of equivalent scope in respect of resident carriers and shall inform the Commission thereof.
These measures shall be applied at the latest as from the same date as the safeguard measures decided on by the Commission.
5. Any Member State may submit a Commission decision as referred to in paragraph 3 to the Community within 30 days of its notification.
The Council, acting by a qualified majority within 30 days of referral by a Member State or, if there are referrals by several Member States, of the first referral, may take a different decision.
The limits of validity laid down in the third subparagraph of paragraph 3 shall apply to the Council's decision.
The competent authorities of the Member States concerned shall be required to take measures of equivalent scope in respect of resident carriers and shall inform the Commission thereof.
If the Council takes no decision wihtin the period referred to in the second subparagraph, the Commission decision shall become final.
6. Where the Commission considers that the measures referred to in paragraph 3 need to be prolonged, it shall submit a proposal to the Council, which shall take a decision by qualified majority.
881/92 Art. 11 (1) (adapted)
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Chapter IV: Mutual assistance and sanctions
Article 10 - Mutual assistance
1. The Member States shall give each other mutual assistance assist one another in ensuring the application and monitoring of this Regulation. They shall exchange information via the national contact points established pursuant to Article 17 of Regulation (EC) No xx/xxxx [admission to the occupation].3118/93 Art. 8
Article 8
484/2002 Art. 1.7 (adapted)
new
Article 11 - Sanctioning of infringements by Member State of establishment
13. In the event of a serious infringements or repeated minor infringements of carriage regulations Community road transport legislation committed or ascertained in any Member State, the competent authorities of the Member State of establishment of the haulier who has committed such infringements may, inter alia, temporarily or partially withdraw the certified true copies of the Community authorisation and may withdraw driver attestations. shall issue a warning and may, inter alia, impose the following administrative sanctions:(a) temporary or permanent withdrawal of some or all of the certified true copies of the Community licence;
(b) temporary or permanent withdrawal of the Community licence.
These sanctions shall be determined having regard to the seriousness of the infringement and the number of minor infringements committed by the holder of the Community authorization licence and having regard to the total number of certified true copies of that authorization licence that he holds in respect of international traffic.
24. In the event of a serious infringements or repeated minor infringements regarding any misuse whatsoever of driver attestations, the competent authorities of the Member State of establishment of the haulier who committed such infringements shall impose appropriate sanctions, such as:
(a) suspension of the issue of driver attestations,
(b) withdrawal of driver attestations,
(c) making the issue of driver attestations subject to additional conditions in order to prevent misuse,
(d) temporary or partial permanent withdrawal of some or all of the certified true copies of the Community authorization licence ,
(e) temporary or permanent withdrawal of the Community licence.
These sanctions shall be determined having regard to the seriousness of the infringement committed by the holder of the Community authorization licence .
881/92 (adapted)
1 Corrigendum, OJ L 213, 29.7.1992, p. 36
new
3. In the case referred to in Article 12 (1) the event of a serious infringement or repeated minor infringements of carriage regulations, the competent authorities of the Member State of establishment in which the haulier is established shall decide whether a sanction shall be imposed on the haulier concerned examine the ways in which the sanctions provided for in Article 8(3) and (4) are applied and They shall communicate their decision to the competent authorities of the Member State 1 in which the infringements were ascertained as soon as possible and at the latest within three months from receiving knowledge of the infringement which of the sanctions provided for in paragraphs 1 and 2 have been imposed. If it has not been possible to impose such sanctions, they shall state the reasons.
3118/93 Art. 8 (4) (adapted)
new
4. The competent authority of the host Member State shall inform that of the Member State of establishment of the infringements recorded and any penalties imposed on the carrier and may, in the event of serious or repeated infringements, at the same time transmit a request that a penalty be imposed.
4. In the event of serious or repeated infringements, the competent authority of the Member State of establishment shall decide whether an appropriate penalty should be imposed on the carrier concerned; the authority The competent authorities shall take into account any penalty sanction imposed in the host other Member State and ensure that the penalties sanctions imposed on the carrier haulier concerned are, as a whole, proportionate to the infringement or infringements which gave rise to such penalties sanctions .
3118/93 Art. 8 (4) subparagraph 3 (adapted)
new
The penalty imposed by the competent authority of the Member State of establishment, after consulting the competent authorities of the host Member State, may extend to withdrawal of authorization to pursue the activity of road haulage operator.
3118/93 Art. 8 (4) sub-paragraphs 4 and 5 (adapted)
5. The competent authority authorities of the Member State of establishment of the haulier may also, pursuant to its national law, arraign bring proceedings against the carrier haulier concerned before a competent national court or tribunal. It shall inform the competent authority of the host Member State of the decisions taken to this effect pursuant to the preceding paragraphs.
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6. Member States shall ensure that hauliers may appeal against any administrative sanction imposed on them pursuant to this Article.
881/92 Art. 9 (adapted)
The Member States shall guarantee that the applicant or the holder of a Community authorization is able to appeal against any decision by the competent authorities of the Member State of establishment to refuse or withdraw an authorization.
881/92 Art. 9 (adapted)
2. The Member States shall guarantee that the holder of a Community authorisation can appeal against any decision by the competent authorities of the Member State of establishment to refuse or withdraw a driver attestation or to make the issue of driver attestations subject to additional conditions.
881/92 (adapted)
1 Corrigendum, OJ L 213, 29.7.1992, p. 36
new
Article 1112 - Sanctioning of infringements by host Member State
21. Where the competent authorities of a Member State are aware of an serious infringement or of repeated minor infringements of this Regulation or of Community road transport legislation attributable to a non-resident haulier from another Member State, the Member State within the territory of 1 which the infringement is ascertained shall inform transmit to the competent authorities of the Member State in which the haulier is established of establishment as soon as possible but at the latest within one month from receiving knowledge of the infringement the following information:(a) a description of the infringement and date, time when it was committed;
(b) the category, type and seriousness of the infringement;
(c) the sanctions imposed and the sanctions executed.
and The competent authorities of the host Member State may ask request the competent authorities of the Member State of establishment to impose administrative sanctions in accordance with this Regulation Article 11.
3118/93 Art. 8 (2) and (3) (adapted)
new
2. Without prejudice to any criminal proceedings prosecution the competent authorities of the host Member State shall be empowered to impose penalties sanctions on a non-resident carrier haulier who has committed infringements of this Regulation or of national Community or Community national road in their territory during a cabotage operation. They shall impose such penalties sanctions on a non-discriminatory basis and in accordance with paragraph 3. The These penalties referred to in paragraph 2 sanctions may, inter alia, consist of a warning, or, in the event of a serious infringement or repeated minor infringements, a temporary ban on cabotage transport operations within the territory of the host Member State where the infringement was committed.
new
3. Member States shall ensure that hauliers may appeal against any administrative sanction imposed on them pursuant to this Article.
3118/93 (adapted)
Member States shall ensure that any applicant for, or holder of, an authorization may appeal against a decision refusing or withdrawing that authorization and against any other administrative penalty taken against him by the competent authority of the Member State of establishment or of the host Member State.
new
Article 13 - Entry in national register
Member States shall ensure that serious infringements or repeated minor infringements of Community road transport legislation committed by hauliers established in their territory which have led to the imposition of a sanction by any Member State as well as the sanctions imposed are recorded in the national register of road transport undertakings as established under Regulation (EC) No xx/xxxx. Those entries in the registry which concern a temporary or permanent withdrawal of a Community licence shall remain in the database for at least two years.484/2002 Art. 1.10 (adapted)
Chapter V: Implementation
Article 11a
The Commission shall examine the consequences of restricting the obligation to hold a driver attestation to drivers who are nationals of non-member countries and shall, should there be sufficient justification for doing so, submit a proposal for the amendment of this Regulation.3118/93 (adapted)
Article 11
Every two years and, for the first time by 30 June 1996, the Commission shall submit a report to the Community on the application of this Regulation.new
Article 14 - Committee
1. The Commission is assisted by the committee established by Article 18 (1) of Council Regulation (EEC) n° 3821/85 .2. Where reference is made to this paragraph, Article 5a (1) to (4) and (5) (b), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The time limits laid down in Article 5a(3)(c), (4)(b) and (4)(e) of Decision 1999/468/EC shall be one month.
Article 15 - Sanctions
Member States shall adopt measures relating in particular to the system of sanctions applicable to infringements of the provisions of this Regulation, and take all the measures necessary to ensure that those sanctions are applied. The sanctions thus provided for shall be effective, proportionate and dissuasive. Member States shall notify the relevant measures to the Commission within 12 months of the date on which this Regulation comes into force and shall notify any subsequent changes as soon as possible. They shall ensure that all such measures are applied without discrimination as to the nationality or place of establishment of the carrier.881/92 Art. 10 (adapted)
new
Article 1016 - Reporting
1. By 31 January each year Member States shall inform the Commission of the number of hauliers possessing Community authorizations licences on 31 December of the previous year and of the number of certified true copies corresponding to the vehicles in circulation at that date.2. Member States shall also inform the Commission of the number of driver attestations issued in the previous calendar year as well as the number of driver attestation in circulation on 31 December of that year.
881/92
Article 12
The following shall be repealed:– Council Regulation (EEC) No 3164/76,
– Article 4 of Council Directive 75/130/EEC of 17 February 1975 on the establishment of common rules for certain types of combined carriage of goods between Member States ,
– Council Directive 65/269/EEC of 13 May 1965 concerning the standardization of certain rules relating to authorizations for the carriage of goods by road between Member States ,
– Council Decision 80/48/EEC of 20 December 1979 on the adjustment of capacity for the carriage of goods by road for hire or reward between Member States .
Article 13
The First Council Directive of 23 July 1962 is hereby amended as follows:1. the title shall be replaced by: «First Council Directive of 23 July 1962 on the establishment of common rules for certain types of carriage of goods by road»;
2. Article 1 shall be replaced by:
«Article 1
1. Under the conditions laid down in paragraph 2, Member States shall liberalize the types of international carriage of goods by road for hire or reward and on own account listed in the Annex where such carriage is performed to or from or in transit through their territory.
2. The types of carriage and unladen journeys made in conjunction with the carriage listed in the Annex shall be exempted from Community authorization and from any carriage authorization»;
3. Annex II shall be deleted and the text of Annex I shall be replaced by that appearing in Annex II to this Regulation.
Article 14
The Member States shall communicate to the Commission the measures they take to implement this Regulation.Article 15
This Regulation shall enter into force on the day following of its publication in the Official Journal of the European Communities.It shall apply from 1 January 1993.
3118/93 Art. 11 and 12
Article 11
Every two years and, for the first time by 30 June 1996, the Commission shall submit a report to the Community on the application of this Regulation.Article 12
1. This Regulation shall enter into force on 1 January 1994.2. The Community authorization and quota system for cabotage operations provided for in Article 2 shall cease to apply on 1 July 1998.
3. From that date any non-resident carrier meeting the conditions laid down in Article 1 shall be entitled to operate, on a temporary basis and without quantitative restrictions, national road haulage services in another Member State, without having a registered office or other establishment in that State.
The Commission shall submit to the Council, where appropriate, taking account of experience acquired, of developments in the transport market and of progress made towards harmonization in the transport sector, a proposal on the detailed rules accompanying the definitive system as regards on appropriate system for observing the market in cabotage operations and the adjustment of the safeguard measures provided for in Article 7.
Chapter VI - Final provisions
Article 17 - Repeals
Regulations (EEC) No 881/92 and 3118/93 and Directive 2006/94/EC are repealed.References to the repealed Regulations and Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex III.
Article 18 - Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.It shall apply from [date of application].
881/92, 3118/93
This Regulation shall be binding in its entirety and directly applicable in all Member States.