Considerations on COM(2007)264 - Common rules for the international carriage of passengers by coach and bus (recast) - Main contents
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dossier | COM(2007)264 - Common rules for the international carriage of passengers by coach and bus (recast). |
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document | COM(2007)264 ![]() |
date | May 23, 2007 |
(1) A number of substantial changes are to be made to 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 across the territory of one or more Member States [6], to 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 [7], and to the Directive 2006/94/EC of the European Parliament and of the Council of 12 December 2006 on the establishment of common rules for certain types of carriage of goods by road [8]. In the interests of clarity, these Regulations and the Directive should be recast.
881/92 Recital 1 (adapted)
(2) The establishment of a common transport policy involves, inter alia, laying down common rules applicable to access to the market in the international carriage of goods by road within the territory of the Community , as well as laying down the conditions under which non-resident hauliers may operate transport services within a Member State . Those rules must be laid down in such a way as to contribute to the attainment smooth operation of the internal transport market.
3118/93 Recital 1 (adapted)
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.
881/92 Recital 2
(3) These uniform arrangements for market access also involve introducing the freedom to provide services by eliminating all restrictions imposed on the provider of services because of his nationality or the fact that he is established in a Member State other than that in which the service is to be provided.
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(4) The Community rules on the access to the road haulage market were initially laid down in Council Regulations 881/92, 3118/93 and in Directive 2006/94/EC of the European Parliament and of the Council. In the interest of clarity and simplification, these legal acts should be recast and consolidated into one single regulation.
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(5) To assure a coherent framework for international road haulage throughout the Community this Regulation should apply to all international carriage on Community territory. Carriage from Member States to third countries is still largely covered by bi-lateral agreements between the Member States and those third countries. Therefore, in this case the Regulation should not apply to that part of the journey within the territory of the Member State of loading or unloading as long as the necessary agreements between the Community and the third countries concerned have not been concluded. It should, however, apply to the territory of a Member State crossed in transit.
881/92 Recital 3 (adapted)
As regards carriage from a Member State to a non-member country and vice versa, implementation of the freedom to provide services for the journey within the territory of the Member State of loading or unloading should be deferred until appropriate agreements with the non-member countries concerned have been concluded or amended, in order to guarantee compliance with the principle of non-discrimination and equality of conditions of competition between Community carriers.
881/92 Recital 4 (adapted)
Whereas, following the Judgment of the Court of Justice of 22 May 1985 in Case 13/83 and the conclusions adopted on 28 and 29 June 1985 by the European Council on the Commission communication on the completion of the internal market, on 21 June 1988 the Council adopted Regulation (EEC) No 1841/88 amending Regulation (EEC) No 3164/76 on access to the market in the international carriage of goods by road [9];
881/92 Recital 5 (adapted)
Whereas under Article 4a of Regulation (EEC) No 3164/76 inserted by Regulation (EEC) No 1841/88 from 1 January 1993, Community quotas, bilateral quotas between Member States and quotas for transit traffic to and from non-member countries will be abolished for the types of carriage referred to in that Article, and arrangements for access to a market without quantitative restrictions based on qualitative criteria which hauliers must meet will be introduced;
881/92 Recital 6 (adapted)
Whereas these qualitative criteria are laid down principally in Council Directive 74/561/EEC of 12 November 1974 on admission to the occupation of road haulage operator in national and international transport operations, as last amended by Council Directive 89/483/EEC of 21 June 1989 [10];
881/92 Recital 7 (adapted)
Whereas pursuant to Article 4b of Regulation (EEC) No 3164/76, as inserted by Regulation (EEC) No 1841/88, the Council must adopt the measures necessary for the implementation of the aforementioned Article 4a;
3118/93 Recital 2 (adapted)
Whereas this provision implies the removal of all restrictions 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;
3118/93 Recital 3 (adapted)
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;
3118/93 Recital 9 (adapted); 2006/94 Recital 4 (adapted)
(6) At present, uUnder the First Council Directive of 23 July 1962 Directive 2006/94/EC of the European Parliament and of the Council of 12 December 2006 on the establishment of common rules for certain types of carriage of goods by road between Member States [11], a certain number of types of carriage are exempt from any quota and carriage authorisation system; within the framework of the new organization of the market introduced provided for by this Regulation, a system of exemption from the Community authorization licence and from any other carriage authorisation must be maintained for some of those types of transport, because of their special nature.
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(7) Under Directive 2006/94/EC, the carriage of goods using vehicles with a maximum mass of between 3,5 tonnes and 6 tonnes has been exempted from the requirement of a Community licence. Community rules in the field of road transport of goods and passengers, however, apply in general to vehicles as from 3,5 tonnes. Thus the provisions of this Regulation should be aligned to the general scope of application of Community road transport rules and only provide for an exemption for vehicles below 3,5 tonnes of maximum mass.
881/92 Recital 8 (adapted)
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(8) With regard to the rules for applying the access arrangements tThe international carriage of goods by road must be made conditional on the possession of a quota-free Community transport authorization licence . Hauliers should be required to carry a certified true copy of the Community licence aboard each of their vehicles in order to facilitate effective controls by enforcement bodies, especially those outside the Member State in which the haulier is established. To this end it is necessary to lay down more detailed specifications as regards the layout and other features of the Community licence and the certified copies.
881/92 Recital 10 (adapted)
(9) The conditions governing the issue and withdrawal of authorizations Community licences and the types of carriage to which they apply, their periods of validity and the detailed rules for their use must should be determined.
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(10) A driver attestation should also be established, in order to allow Member States to check effectively whether drivers from third countries are lawfully employed or at the disposal of the haulier responsible for a given transport operation.
3118/93 Recital 4 (adapted)
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(11) Only carriers Hauliers who are holders of Community authorizations licences provided for in Council this 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 [12] or carriers authorised to operate certain categories of international haulage services may should be permitted to carry out national transport services within a Member State, without having a registered office or other establishment therein (cabotage).
3118/93 Recital 5 (adapted)
Whereas such a transitional system should entail the introduction of a progressive quota of Community cabotage authorizations;
3118/93 Recital 6 (adapted)
Whereas the conditions for the issue and use of the said cabotage authorizations should be determined;
3118/93 Recital 7 (adapted)
Whereas the provisions of the host Member State applicable to cabotage operations should be fixed;
3118/93 Recital 8 (adapted)
Whereas provisions should be adopted so that action can be taken in the event of serious disturbance of the transport markets affected; whereas for that purpose it is necessary to introduce a suitable decision-making procedure and for the required statistical data to be collected;
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(12) In the past, such national transport services were authorised on a temporary basis. In practice, it has been difficult to ascertain which services are authorised. Clear and easily enforceable rules are thus needed.
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(13) The provisions of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services [13] apply in cases where, for the provision of cabotage operations, hauliers post workers, who have an employment relationship with those hauliers, from the Member State where they ordinarily work.
2006/94 Recital 1 (adapted)
The First Council Directive of 23 July 1962 on the establishment of certain common rules for international transport (carriage of goods by road for hire or reward) has been substantially amended several times. In the interests of clarity and rationality the said Directive should be codified.
2006/94 Recital 2 (adapted)
A common transport policy involves inter alia laying down common rules for the international carriage of goods by road to or from the territory of a Member State or passing across the territory of one or more Member States. Those rules must be laid down in such a way as to contribute to the smooth operation of the internal transport market.
2006/94 Recital 3 (adapted)
It is necessary to ensure a progressive expansion of the international carriage of goods by road, bearing in mind developments in trade and movement of goods within the Community.
2006/94 Recital 4 (adapted)
A certain number of types of carriage were exempt from any quota and carriage authorisation system. Within the framework of the organisation of the market introduced by 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 across the territory of one or more Member States, a system of exemption from Community authorisation and from any other carriage authorisation should be maintained for some of those types of transport, because of their special nature.
2006/94 Recital 5 (adapted)
This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B,
3118/93 Recital 9 (adapted)
(14) It is desirable that Member States should grant each other mutual assistance with a view to the sound application on the system introduced of this Regulation ;. ; particularly in respect of penalties applicable in the event of infringements. Penalties should be non-discriminatory and in proportion to the seriousness of the infringements. There is a need to provide for the possibility of lodging an appeal.
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(15) Administrative formalities should be reduced as far as possible without the abandonment of the controls and penalties that guarantee the correct application and effective enforcement of this Regulation. To this end the existing rules on the withdrawal of the Community licence should be clarified and strengthened. The current rules should be adapted to allow also the effective sanctioning of serious or repeated minor infringements committed in a Member State other than the Member State of establishment. Penalties should be non-discriminatory and in proportion to the seriousness of the infringements. There is a need to provide for the possibility of lodging an appeal.
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(16) Member States should enter in their national register of road transport undertakings all serious infringements and repeated minor infringements committed by carriers and which have led to the imposition of a sanction.
(17) In order to strengthen and facilitate the exchange of information between national authorities Member States should exchange the relevant information through the national contact points set up pursuant to Regulation (EC) No XX of the European Parliament and of the Council of [date] [admission to the occupation] [14].
(18) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [15].
(19) In particular powers should be conferred on the Commission to establish the format of certain documents to be used for the application of this Regulation and to adapt the Annexes I and II to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation and to supplement this Regulation by the addition of new non-essential elements they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
(20) On grounds of efficiency, the normal time limits for the regulatory procedure with scrutiny should be curtailed for the adoption of those measures.
(21) Member States should take the necessary measures to implement this Regulation, in particular as regards effective, proportionate and dissuasive penalties.
(22) Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and the effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this regulation does not go beyond what is necessary in order to achieve those objectives.
(23) It is therefore necessary to repeal Regulations (EEC) No 881/92 and No 3118/93 and the Directive 2006/94/EC.
881/92 (adapted)