Legal provisions of COM(2017)648 - Amendment of Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States - Main contents
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| dossier | COM(2017)648 - Amendment of Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods ... |
|---|---|
| document | COM(2017)648  |
| date | November 8, 2017 |
Article 1
(1)the title is replaced by the following:
“Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods”;
(2)Article 1 is replaced by the following:
“Article 1
1. This Directive applies to combined transport operations.
2. For the purposes of this Directive, ‘combined transport’ means carriage of goods by a transport operation, consisting of an initial or final road leg of the journey, or both, as well as a non-road leg of the journey using rail, inland waterway or maritime transport:
(a) in a trailer or semi-trailer, with or without a tractor unit, swap body or container, identified in accordance with the identification regime established pursuant to international standards ISO6346 and EN13044, where the load unit is transhipped between the different modes of transport; or
(b) by a road vehicle that is carried by rail, inland waterways or maritime transport for the non-road leg of the journey.
Non-road legs using inland waterway or maritime transport for which there is no equivalent road transport alternative or which are unavoidable in a commercially viable transport operation, shall not be taken into consideration for the purposes of the combined transport operations.
3. Each road leg referred to in paragraph 2 shall not exceed the longest of the following distances in the territory of the Union:
(a) 150 km in distance as the crow flies;
(b) 20% of the distance as the crow flies between the loading point for the initial leg and the unloading point for the final leg, when it amounts to more than the distance referred to in point (a).
That road leg distance limit shall apply to the total length of each road leg, including all intermediary pick-ups and deliveries. It shall not apply to the transport of an empty load unit or to the pick-up point of the goods or from the delivery point of the goods.
The road leg distance limit may be exceeded for combined road/rail transport operations, when authorised by the Member State or Member States on whose territory the road leg takes place, in order to reach the geographically nearest transport terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment, terminal capacity and appropriate rail freight services.
4. A combined transport operation shall be deemed to take place in the Union where the operation or the part thereof taking place in the Union fulfils the requirements laid down in paragraphs 2 and 3." .
(3)Article 3 is replaced by the following:
“Article 3
1. Member States shall ensure that road transport is considered forming part of a combined transport operation covered by this Directive only if the carrier can produce clear evidence that such road transport constitutes a road leg of a combined transport operation, including the transport of empty load units before and after the transport of goods.
2. The evidence referred to in paragraph 1 shall comprise the following details for each combined transport operation:
(a) the name, address, contact details and signature of the shipper;[.]
(b) the place and date where the combined transport operation begins in the Union;
(c) the name, address and contact details of the consignee;
(d) the place where the combined transport operation ends in the Union;
(e) the distance as the crow flies between the place where the combined transport operation begins and the place where the combined transport operations ends in the Union;
(f) a description, signed by the shipper, of the combined transport operation routing including at least the following details for each leg, including for each mode of transport which constitutes the non-road leg, of the operation within the Union:
–(i) leg order (i.e. first leg, non-road leg or final leg);
–(ii) name, address and contact details of the carrier;
–(iii) mode of transport and its order in the operation;
(g) identification of the intermodal load unit transported;
(h) for the initial road transport leg:
–(i) the place of transhipment to the non-road leg;
–(ii) the distance of the initial road transport leg as the crow flies between the place of shipment and the first transhipment terminal;
–(iii) if the initial road leg is completed, a signature of the carrier confirming that the transport operation of the road leg has been carried out;
(i) for the final road transport leg:
–(i) the place where the goods are taken [over] from the non-road leg (rail, inland waterways or maritime transport);
–(ii) the distance of the final road transport leg as the crow flies between the place of transhipment and the place where the combined transport operation ends in the Union);
(j) for the non-road leg:
–(i) if the non-road leg is completed, a signature of the carrier (or carriers in the case of two or more non-road operations on the non-road leg) confirming that the transport operation on the non-road leg has been carried out;
–(ii) when available, a signature or seal of the relevant rail or port authorities in the relevant terminals (railway station or port) concerned along the non-road leg operation confirming that the relevant part of the non-road leg has been completed.
3. No additional document shall be required in order to prove that the carrier is carrying out a combined transport operation.
4. The evidence referred to in paragraph 1 shall be presented or transmitted upon the request of the authorised inspecting officer of the Member State where the check is carried out. In case of road side checks, it shall be presented within the duration of such check. It shall be in an official language of that Member State or in English. During a roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2.
5. The evidence may be provided through a transport document fulfilling the requirements laid down in Article 6 of Council Regulation No 11, or through other existing transport documents such as the Convention on the Contract for the International Carriage of Goods by Road (CMR) transport document or the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM) transport document.
Such evidence may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, including supplementing the electronic consignment note under the Convention on the Contract for the International Carriage of Goods by Road (eCMR) for the road part
6. For the purposes of road side checks, a discrepancy of the transport operation with the provided evidence, notably as regards the routing information in point (g) of paragraph 2 shall be permitted, if duly justified, in case of exceptional circumstances outside the control of the carrier(s) causing changes in the combined transport operation. To that end, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide additional justification on this discrepancy between provided evidence and actual operation.
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* Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79 (3) of the Treaty establishing the European Economic Community (OJ 52, 16.8.1960, p. 1121).";
(4)Article 5 is replaced by the following:
“Article 5
1. Member States shall submit to the Commission in the first instance by [xx/xx/xxxx - 18 months after transposition of the Directive] and every two years thereafter a report providing the following information related to the combined transport operations covered by this Directive on their territory:
(a) national and cross-border transport network links used in combined transport operations;
(b) the volume in twenty-foot equivalent unit (TEU) and in tonne kilometres of combined transport operations by type of operation (rail, road/inland waterways, etc...) and by geographic coverage (national and intra-Union);
(c) the number and geographic coverage of terminals servicing combined transport operations and the yearly number of transhipments on those terminals;
(d) an overview of all national support measures used and envisaged, including their respective uptake and assessed impact.
2. The Commission is empowered to adopt delegated acts in accordance with Article 10a supplementing this Directive by describing the content and details of the information on combined transport operations referred to in paragraph 1.
3. On the basis of an analysis of the national reports, in the first instance by [xx/xx/xxx - 9 months after the MS report submission deadline] and two years thereafter the Commission shall draw up and submit a report to the European Parliament and to the Council on:
(a) the economic development of combined transport, notably in light of the evolution of the environmental performance of different modes of transport;
(b) the effects of the implementation of the Directive and related legislative acts of the Union in this area,
(c) the effectiveness and efficiency of the support measures provided for in Article 6,
(d) possible further measures, including a revision of the definition of combined transport as defined in Article 1 and an adaptation of the list of measures provided for in Article 6."
(5)In Article 6 the following paragraphs 4, 5, 6, 7 and 8 are added :
"4. Where necessary for the achievement of the aim referred to in paragraph 9, Member States shall take the necessary measures to support investment in transhipment terminals as regards :
(a) the construction and, where necessary, the expansion of combined transport such transhipment terminals;
(b) the increase of operational efficiency in existing terminals.
Member States shall coordinate with neighbouring Member States and with the Commission and ensure that, when such measures are implemented, priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the Union, and notably on the TEN-T Core and Comprehensive networks, allowing that any location in the Union is not situated at a distance farther than 150 km from such terminal.
Member States shall ensure that the supported transhipment facilities are accessible to all operators without discrimination.
Member States may establish additional conditions for the eligibility for the support.
5. Member States may take additional measures, to improve the competitiveness of combined transport operations as compared to equivalent alternative road transport operations.
Such measures may address any or part of a combined transport operation, such as the operation of a road or non-road leg including the vehicle used on such a leg, or such as the load unit or the transhipment operations.
6. Member States shall report to the Commission on the measures taken pursuant to this Article and their specifications.
7. Member States shall assess the impact of such support measures, and re-evaluate their needs at least every four years and where necessary adapt the measures.";
8. Member States shall ensure that support measures for combined transport operations aim at reducing the road freight and encourage the use of other modes of transport such as rail, inland waterways and maritime transport, thereby reducing air pollution, greenhouse gas emissions, road traffic accidents, noise and congestion.";
(6)Articles 7 and 9 are deleted.
(7)The following article is inserted:
“Article 9a
1. Member States shall designate one or more competent authority to ensure the implementation of this Directive and to act as the main point of contact for its implementation.
Member States shall notify the other Member States and the Commission of the competent authorities referred to in the first subparagraph.
2. Member States shall ensure that national competent authorities cooperate with the competent authorities from other member States. For such purpose, Member States shall ensure that competent authorities provide each other with the information necessary for the application of the present Directive. In respect of the information exchanged, the receiving authority shall ensure the same level of confidentiality as the originating authority.
3. Member States shall publish in an easily accessible manner and free of charge the relevant information concerning the measures adopted pursuant Article 6, as well as other relevant information for the purposes of the application of the present Directive.
4. The Commission shall publish and update, where necessary, the list of competent authorities referred to in paragraph 1, as well as a list of the measures referred to in Article 6.";
(8) The following article is inserted:
“Article 10a
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 5(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this (amending) Directive]
3. The delegation of power referred to in Article 5(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in line with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.*
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 5(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
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* OJ L 123, 12.5.2016, p. 1.; "
Article 2
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.