Legal provisions of COM(2023)702 - Amendment of Council Directive 92/106/EEC as regards a support framework for intermodal transport of goods and Regulation 2020/1056 as regards calculation of external costs savings and generation of aggregated data

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dossier COM(2023)702 - Amendment of Council Directive 92/106/EEC as regards a support framework for intermodal transport of goods and Regulation ...
document COM(2023)702 EN
date November  7, 2023


Article 1

Amendments to Directive 92/106/EEC


Directive 92/106/EEC is amended as follows:

(1) the title is replaced by the following:

“Council Directive 92/106/EEC of 7 December 1992 on the establishment of a support framework for intermodal transport of goods”;

(2) Article 1 is deleted;

(3) the following Articles 1a, 1b and 1c are inserted:

‘Article 1a

This Directive establishes a support framework for intermodal transport operations carried out fully or in part in the territory of the Union. It also lays down rules on transparency requirements for intermodal transhipment terminals.

Article 1b

For the purposes of this Directive, the following definitions apply:

(1) “intermodal transport operation” means the carriage of a single intermodal loading unit between its loading point and unloading point over two or more transport legs, where at least one leg takes place by rail, inland waterways or short sea shipping and the initial or final leg, or both, take place by road, without handling of the goods during transhipment between the different transport legs, whether or not covered by a single multimodal transport contract or consecutive mode specific transport contracts;

(2) “combined transport operation” means an intermodal transport operation that complies with the conditions set out in Article 1c(2) within the territory of the Union;

(3) “intermodal loading unit” means a container, swap body or semi-trailer or road vehicle or vehicle combination used in intermodal transport;

(4) “loading point” means the location at which the goods are loaded into an intermodal loading unit;

(5) “unloading point” means the location at which the goods are offloaded from an intermodal loading unit;

(6) “external costs” means costs generated by transport users and not borne by them but by the society as a whole, notably related to greenhouse gas emissions, air pollution, injuries and fatalities, noise and congestion;

(7) “alternative unimodal road transport operation” means a virtually planned commercially viable unimodal transport operation of the intermodal loading unit where all transport takes place on the road between the same starting point and end point as those of the actual combined transport operation;

(8) “alternative maritime intermodal operation” means a virtually planned commercially viable intermodal transport operation that uses one of the maritime legs in the list established in accordance with Article 1.c(7) for carrying the intermodal loading unit between the same starting point and end point as those of the combined transport operation concerned;

(9) “intermodal transhipment terminal” means an intermodal freight terminal having a structure equipped for the transhipment of intermodal loading units between at least two transport modes or between two different vehicles or vessels, such as terminals in inland or maritime ports, along inland waterways, in airports as well as rail-road terminals;

(10) “starting point of the transport leg” means the location where the intermodal loading unit starts the combined transport operation on the given mode of transport;

(11) “end point of the transport leg” means the location where the intermodal loading unit ends the combined transport operation on the given mode of transport;

(12) “starting point of the combined transport operation” means the location where the intermodal loading unit is loaded onto the vehicle or vessel carrying out the first transport leg of the combined transport operation in the Union and where the intermodal transport operation starts outside the territory of the Union, the entry point of the intermodal loading unit into the territory of the Union;

(13) “end point of the combined transport operation” means the location where the intermodal loading unit is unloaded from the vehicle or vessel carrying out the last transport leg of the combined transport operation in the Union and where the intermodal operation ends outside the territory of the Union, the exit point of the intermodal loading unit from the territory of the Union.

(14) “Support measures” means measures and actions of economic, regulatory, administrative or any other nature aiming at promoting the uptake of intermodal transport.

Article 1c

1. All combined transport operations shall benefit from the support measures referred to in Articles 2, 3a, 4, 6, 8, 9 and 9a, as applicable.

2. A combined transport operation shall meet the following conditions:

(a) except for operations referred to in point (b), the operation produces at least 40% less external costs than the alternative unimodal road transport operation;

(b) in the case of connections between an island and the mainland without a road alternative, the operation produces at least 40% less external costs than the alternative maritime intermodal operation;

(c) the intermodal loading unit in unaccompanied transport has a unique reference in accordance with the identification and marking regime established pursuant to the up-to-date versions of international standards ISO6346 or EN13044.

3. The road transport of an empty container used for a given operation from or to a container depot before or after the loading or unloading point, where such transport is subject to the same transport contract, shall be considered an integral part of the combined transport operation. Any other movement of road vehicles before or after loading or unloading point shall not be considered part of the combined transport operation.

4. The calculation of external costs referred to in paragraph 2 shall take into account all parts of the operation, including terminal operations, which take place in the Union, including the transport of the empty container referred to in paragraph 3.

5. Support measures referred to in Articles 2, 3a, 4, 6, 8, 9 and 9a shall be applied in a non-discriminatory manner to all combined transport operations that are fully or in part carried out in the territory of the Union irrespective of the origin of the undertaking organising the operation or carrying out all or part of the operation.

6. The Commission shall adopt implementing acts establishing detailed rules for the calculation of external costs referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9d(2).

7. The Commission shall adopt implementing acts establishing the list of the predefined maritime leg of the alternative maritime intermodal operations referred to in paragraph 2, point (b), of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9d(2).’;

(4) Articles 2 and 3 are replaced by the following:

‘Article 2

No quota systems and systems of authorisations shall apply to the intermodal transport operations.


Article 3

1. In order to benefit from the support framework established by this Directive, the undertaking which organises the combined transport operation, shall record and make available the transport information in accordance with Regulation (EU) 2020/1056 of the European Parliament and of the Council* on an electronic freight transport information platform (‘eFTI platform’).

2. The transport information referred to in paragraph 1 shall be recorded before the start of the combined transport operation concerned and shall cover all parts of such an operation. Such transport information shall include the following information:

(a) the name, address, and contact details of the undertaking which organises the combined transport operation;

(b) the name, address and contact details of the undertaking that receives the intermodal loading unit at end point of the combined transport operation;

(c) the name, address and contact details of the intermodal transhipment terminal or terminals for that combined transport operation;

(d) the type of the intermodal loading unit transported and its reference in accordance with Article 1c(2), point (c);

(e) the location of the pickup or delivery of the empty container as indicated in the transport contract referred to in Article 1c(3), where relevant;

(f) for each transport leg, the locations of the starting and end points of each transport leg of the combined transport operation in the Union, the respective expected start date and end date, and the mode of transport used for each leg;

(g) additional transport information required for calculating the external costs of a combined transport operation as specified in the implementing act referred to in Article 1c(6).

3. Transport information recorded pursuant to paragraph 2 shall be used, through dedicated functionalities of the eFTI platforms, to:

(a) calculate the external cost savings referred to in Article 1c(2), point (a);

(b) generate annual aggregated data on combined transport operations referred to in Article 5(4) points (a), b and (c).

The calculation referred to in the first subparagraph, point (a), of this paragraph, shall be carried out in accordance with the rules established in the implementing act referred to in Article 1c(6).

The aggregation referred to in the first subparagraph, point (b), of this paragraph, shall be carried out in accordance with the rules established in the delegated act referred to in paragraph 7.

4. Proof of compliance with the conditions set out in Article 1c(2) shall consist of the transport information referred to in paragraph 1 of this Article and the results of the calculation of the external costs savings. Such proof of compliance shall be accessible to competent authorities as well as to the parties involved in that combined transport operation on the same eFTI platform where the transport information and calculation results were recorded. For the purpose of compliance checks with this Directive, no additional information shall be requested.

5. By 28 February of each year, the eFTI service providers or the undertakings that own or manage eFTI platforms for their own activities shall make available to the Commission the aggregated data referred to in paragraph 3, first subparagraph, point (b), of this Article, for the purposes of meeting the Commission’s reporting obligations pursuant to Article 5(4) points (a), (b) and (c).

6. The Commission is empowered to adopt delegated acts in accordance with Article 9c to supplement this Directive by establishing further details for transport information referred to in paragraph 2, points (a) to (f), of this Article, and the list of additional transport information required referred to in paragraph 2, point (g) of this Article.

7. The Commission is empowered to adopt delegated acts in accordance with Article 9c to supplement this Directive by establishing a list of the annual aggregated data referred to in paragraph 3, first subparagraph, point (b), of this Article, detailed rules for generating that aggregated data and conditions for making that data available to the Commission.

8. In the case of roadside checks, a discrepancy between the combined transport operation and the provided information, in particular as regards the information referred to in paragraph 2, points (c) and (f), shall be permitted where it is duly justified and caused by exceptional and unforeseen circumstances outside the control of the carrier. To provide the required proof, the driver shall be allowed to contact the head office, the transport manager, the consignor or another undertaking who organises the combined transport operation concerned, or any other person or entity capable of providing additional justification regarding this discrepancy.

_________

* Regulation (EU) 1056/2020 of the European Parliament and of the Council of 15 July 2020 on electronic freight transport information (OJ L 249, 31.7.2020, p. 33, ELI: http://data.europa.eu/eli/reg/2020/1056/oj).’;

(5) the following Article 3a is inserted:

‘Article 3a

1. By [PO, please insert the date: 24 months after entry into force of this Directive], each Member State shall adopt a national policy framework for facilitating the uptake of intermodal transport and, in particular, combined transport operations. Such framework shall contain at least the following elements:

(a) an overview of existing relevant regulatory and non-regulatory measures impacting the competitiveness of transport operations of different modes, including those falling within the scope of Articles 4, 6 and 9a, as well as an assessment of their impact on intermodal transport operations;

(b) a list of measures necessary to reduce the competitiveness gap of intermodal transport operations compared to unimodal road transport operations, which is established on the basis of the overview and the assessment referred to in point (a); an indicative list of suitable measures is set out in the Annex.

2. The measures referred to in paragraph 1 of this Article shall aim to achieve the following objectives when compared to the baseline assessment included in the report referred to in Article 5(1):

(a) an overall reduction of at least 10% of the total costs of combined transport operations in their territory borne by the undertakings organising combined transport operations by [PO, please insert the date: 90 months, i.e. 7 years and 6 months after entry into force of this Directive];

(b) an increased upgrade or uptake of technologies improving the efficiency of intermodal transport operations; and

(c) where relevant, the establishment of new rail, inland waterway or short sea shipping connections between previously not connected intermodal transhipment terminals.

3. The introduction of the measures referred to in paragraph 1 of this Article in a national policy framework shall not be an indication of their compatibility with Union law or otherwise. Where the measures referred to in paragraph 1 of this Article constitute State aid, they shall comply with the applicable procedural and substantive State aid rules, including those on notification, publication and transmission of information to the Commission.

4. Member States shall publish their national policy frameworks on the internet and notify them to the Commission without delay and no later than 1 month after their adoption together with a link to such publication and any underlying assessments or studies carried out, including on the contribution of those measures for reaching the objectives set out in paragraph 2 of this Article. as regards measures that constitute State aid which are not covered by a block exemption regulation, the publication and notification obligation provided for the national policy frameworks shall be in addition to the prior notification obligation and standstill obligation under State aid rules set out in Article 108(3) TFEU.

5. Member States shall implement the measures referred to in paragraph 1. They shall publish the practical information such as conditions, application procedure and any other information relevant for the potential beneficiaries of those measures after the adoption, but prior to application of such measures in an easily accessible way and free of charge on the internet. They shall, at the same time, provide the Commission with a link to that information.

6. Where necessary, Member States shall cooperate to maximise the effect of the measures referred to paragraph 1 on cross-border intermodal transport operations.

7. Member States shall assess the uptake and impact of the measures in their national policy frameworks referred to in paragraph 1, including their effectiveness and relevance in terms of reducing external costs and in terms of achieving the objectives set out in paragraph 2, at least every 5 years. On the basis on that assessment, they shall adapt their national policy frameworks as necessary to achieve those objectives. Member States shall communicate the results of their assessments and updated policy frameworks to the Commission without delay, to assist it in preparing the reports referred to in Article 5(2), and shall publish those updated national policy frameworks on the internet.

8. The Commission shall, without delay, publish the links to the national information provided by the Member States referred to in paragraphs 4, 5 and 7 on its webpage dedicated to support measures under this Directive.


(6) Article 5 is replaced by the following:

‘Article 5

1. By [PO, please insert the date: 18 months after entry into force of this Directive], the Commission shall prepare a report to the European Parliament and the Council, assessing the competitiveness of intermodal transport in comparison to unimodal road transport in Member States, including the analysis of the total door-to-door costs of the main categories of intermodal transport operations, including combined transport operations.

2. By [PO, please insert the date: 90 months, i.e. 7 years and 6 months, after adoption of this Directive] and every 5 years thereafter, the Commission shall draw up a report to the European Parliament and the Council on the economic development of intermodal transport, including combined transport operations, in the Union.

3. When drawing up the reports referred to in paragraphs 1 and 2, the Commission shall be assisted by the Member States to collect the information necessary for that purpose.

4. The reports referred to in paragraphs 1 and 2 shall present and analyse the developments related to intermodal transport operations, including combined transport operations. In particular, they shall cover:

(a) the volume of intermodal operations in the Union per modal combination, per market segment, per transhipment technology and per type of intermodal loading units used and per geographical coverage (national and intra-Union);

(b) the main transport corridors where intermodal transport is used and the main areas in the Union where it is not used, and the reasons for both;

(c) number, location density and type of transhipment terminals providing services for combined transport operations

(d) the main barriers identified by users for increasing the uptake of intermodal transport operations;

(e) developments in available capacity of intermodal transhipment terminals and areas where additional developments are needed;

(f) availability, ease of access and completeness of information on intermodal transhipment terminals;

(g) an analysis of the effectiveness and efficiency of support provided by Member States in the context of their national policy frameworks as provided for in Article 3a(1) and (2);

(h) the competitiveness of intermodal transport compared to unimodal road transport;

(i) the environmental benefits of intermodal transport, notably in the light of the evolution of the environmental, energy efficiency and greenhouse gas emissions performance of different modes of transport.

5. The reports referred to in paragraphs 1 and 2 shall, where appropriate, propose solutions for the subsequent improvement of information availability and the measures to improve the situation in the intermodal transport sector.

6. On the basis on the reports paragraphs 1 and 2, the Commission shall evaluate, at least every 10 years, the effectiveness and relevance of the provisions of this Directive in facilitating combined transport operations.’;

(7) In Article 6, paragraphs 1 and 2 are replaced by the following:

‘1. Member States may take the necessary measures, in accordance with Union law, to ensure that the taxes listed in paragraph 3 which are applicable to road vehicles (lorries, tractors, trailers or semi-trailers) when routed in combined transport are reduced or reimbursed either by a standard amount, or in proportion to the journeys that such vehicles undertake by rail in the Member State concerned. Such reductions or reimbursements shall be granted by the Member State in which the vehicles are registered. Where such measures constitute State aid, they shall comply with the relevant procedural and substantive State aid rules.

2. Vehicles used exclusively for initial or final road legs of combined transport, or both, may be exempted, where they are taxed separately, from the taxes listed in paragraph 3, in accordance with Union law. In particular, where such measures constitute State aid, they shall comply with the relevant procedural and substantive State aid rules. ’

(8) Article 7 is deleted;

(9) Article 9 is replaced by the following:

‘Article 9

Where a semi-trailer or a trailer used in a combined transport operation is owned by the dispatching or the receiving undertaking and is transported on a road leg using a tractor owned, bought on deferred terms or hired pursuant to Directive 2006/1/EC of the European Parliament and of the Council* by the other undertaking concerned, that road leg shall be considered to fulfil the conditions of Article 1(5), point (d) of Regulation (EU) 1072/2009 of the European Parliament and of the Council**.

* 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 (OJ L 33, 4.2.2006, p. 82, ELI: http://data.europa.eu/eli/dir/2006/1/oj).

** Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72, ELI: http://data.europa.eu/eli/reg/2009/1072/oj).’;

(10) the following Articles 9a, 9b, 9c and 9d are inserted:

‘Article 9a

Vehicles carrying out road legs of combined transport operations shall be exempted from weekend, night and holiday driving bans applying to heavy goods vehicles only. That exemption shall not apply in the event of general driving bans applicable to all vehicles used for private purposes.


Article 9b

1. All operators of intermodal transhipment terminals shall make available on their webpage, publicly and free of charge, information about available services and facilities in a terminal.

2. The Commission shall lay down, by means of implementing acts, a detailed list of the information referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9d(2).

3. To provide a framework for identifying a service level of intermodal transhipment terminals in the Union, the Commission may adopt implementing acts laying down criteria for intermodal transhipment terminal categories. Such criteria shall be established by defining service levels for available services and facilities from the list established in accordance with paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9d(2).

4. Where a framework for service level of intermodal transhipment terminals in the Union is established, intermodal transhipment terminal operators shall publish the applicable service levels pursuant to paragraph 1.


Article 9c

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 3(6) and 3(7) shall be conferred on the Commission for an indeterminate period of time from [PO, please insert the date of entry into force of this Directive].

3. The delegation of powers referred to in Article 3(6) and 3(7) 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. Delegated acts adopted pursuant to Article 3(6) and 3(7) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 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.


Article 9d

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011*.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

_________

* Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj).

(11) the text set out in the Annex to this Directive is added as the Annex.


Article 2

Amendments to Regulation (EU) 2020/1056


Regulation (EU) 2020/1056 is amended as follows:

In Article 9(1), the following point (l) is inserted:

’(l) the calculation of external costs savings, referred to in Article 3(3), first subparagraph, point (a) of Directive 92/106/EEC, is made in accordance with the methodology established in the implementing act referred to in Article 1c(6) of that Directive.

(m) the generation of aggregated data, referred to in Article 3(3) ), first subparagraph, point (b) of Directive 92/106/EEC, is made in accordance with the rules established in the delegated act referred to in Article 3(7) of that Directive.’.


Article 3

Transposition

1. Member States shall adopt and publish, by [PO, please insert the date: 24 months after entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from [PO, please insert the date: 30 months after entry into force of this Directive].

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. Member States shall determine how such reference is to be made.

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.


Article 4

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.


Article 5

Addressees

This Directive is addressed to the Member States.