# EUR-Lex - 52014DC0222 - EN

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# 52014DC0222

**REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the State of the Union Road Transport Market /* COM/2014/0222 final */**

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REPORT FROM THE COMMISSION TO THE
EUROPEAN PARLIAMENT AND THE COUNCIL

on the State of the Union Road Transport
Market

1.           Introduction

According
to Article 17(3) of Regulation (EC) No 1072/2009 on access to the international
road haulage market[1]:

"The
Commission shall draw up a report on the state of the Community road transport
market by the end of 2013. The report shall contain an analysis of the market
situation, including an evaluation of the effectiveness of controls and the
evolution of employment conditions in the profession, as well as an assessment
as to whether harmonisation of the rules in the fields, inter alia, of
enforcement and road user charges, as well as social and safety legislation,
has progressed to such an extent that the further opening of domestic road
transport markets, including cabotage, could be envisaged."

The present report
responds to this request. It brings together evidence from several studies[2], and
it uses road freight transport statistics collected by Eurostat[3], as
well as information on the enforcement of the social rules[4] in
road freight transport collected from Member States. It also draws on the
Report of the High Level Group on the Development of the EU Road Haulage Market
of 19 June 2012[5].
It also takes into account the results of the extensive stakeholder
consultation which took place before and after the drafting of the High Level
Group report. Finally, it follows the identification by the Commission of the
need for a revision of Regulations (EC) No 1071/2009 and (EC) No 1072/2009
under the REFIT exercise[6].

2.           Development of the Road
Haulage Market

2.1.        Road Haulage Activity

Road freight transport is the main
inland transport mode in the EU, accounting for over 70% of all inland
transport activity, as shown in Figure 1. The share of road in total inland
freight transport has remained fairly stable over the last decade.

Figures
1 and 2: Modal Split in Inland Freight Transport in the EU27 in 2012 (left);
Road Freight Transport in the EU27 in 2012 by Type of Transport (right).
Source: Eurostat, DG MOVE.

In
2012, road transport in the EU27 generated close to 1,700 billion
tonne-kilometres, some 4% less than in 2004 and roughly 13% less than in the
peak year of 2007.

National
transport operations carried out by domestically registered vehicles account
for about two thirds of all transport activities. National transport operations
carried out by vehicles registered in another Member State (which is cabotage)
merely account for slightly more than 1% of total transport activity. The share
of international transport operations has increased during the last decade,
from 30% of all road freight transport activities in 2004 to 33% in 2012. This
is a sign of the increasingly more integrated single market in the EU. Four fifths
of all international transport activities are carried out by vehicles which are
registered either in the Member State of loading or in the Member State of unloading. One fifth is carried out by vehicles which are registered in a third
country (i.e. cross-trade), up from around one eighth in 2004. The share of
cross-trade in all road freight transport activities has gone up from 4 to 7%
between 2004 and 2012 (see also Figure 2 above).

Having
grown by more than 80% between 2004 and 2012, cross-trade is the most booming
segment of the road haulage market. It benefits from the fact that
international transport activities are completely liberalised within the EU.
Cabotage activities have also gone up (by around 50%) but are still at a
relatively low level. Cabotage is defined in Regulation (EC) No 1072/2009 as
"national carriage for hire or reward carried out on a temporary basis in
a host Member State". It is restricted to three cabotage operations in the
seven days following an international carriage. The strong increase in cabotage
activities is partly due to the lifting in 2009 and 2012 of special
transitional restrictions on hauliers from most countries that joined the EU in
2004 and 2007, respectively.

As
shown in figures 3 and 4, in absolute terms, EU-15[7]
hauliers still carry out the majority of cabotage (51%), mostly in Member
States neighbouring the vehicle's Member State of registration. The most
important cabotage markets are centrally located, large transport markets (Germany, France). In seven of the ten top host Member States for cabotage, the majority of cabotage
is carried out by vehicles registered in an EU-15 country. EU-12 hauliers are
bound to carry out relatively more transport activities outside their domestic
markets as their national road freight transport markets are rather small. France alone has more national road freight transport activitiy than all 12 Member States
that joined the EU in 2004 and 2007 put together.

Figures
3 and 4: Cabotage in the EU in 2012 by Origin of Vehicle (left) and by Host
Country (right). Source: Eurostat, DG MOVE.

Some
15% of total road haulage activity in 2012 was own account transport and the
remaining 85% was for hire and reward. The transport activities for hire and
reward are those carried out by the road haulage sector in the EU as defined in
the business statistics while own account transport is carried out by other
economic sectors for their own purposes. Own account operations are more
important in national transport than in international transport.

As
a rule, own account operations are not accessible to operators active in
cabotage or cross trade. Only operations for hire and reward are relevant in
this context. The cabotage penetration rate hence only takes the market segment
into account that is for hire and reward. Eurostat data suggest that foreign
vehicles on average accounted for 2.5% of the total national transport market
for hire and reward in the EU-27 in 2012, while domestic vehicles carried out
the remaining 97.5%.

While
it has been suggested that Eurostat data underestimates actual levels of
cabotage, enforcement reports by Member States do not show high levels of
undetected cabotage (see section 4.2). In addition, Eurostat statistics are the
most comprehensive and most comparable data available, as they are the result
of an official data collection carried out by National Statistical Offices and
reported to Eurostat according to agreed standards.

2.2.        Company Structure and
Employment

The
road haulage market in the EU comprises around 600,000 predominantly small
enterprises, with an average size of four employees per company. This number
has been stable over recent years with 80% of companies counting less than 10
employees, whereas 99% have less than 50 employees. The road haulage sector
employed around three million people in 2011. It should be noted that these
figures only cover companies and people active in road haulage for hire and
reward, those carrying out own account transport are not included. A long-term
trend shows that freight forwarders and integrators (that is to say, a person
or company that organises shipments for third parties) play a growing role in
organising these movements.

During
the economic downturn, profit margins have contracted within the logistics
sector as well as in the road haulage sector. Less profitable operations have
increasingly been subcontracted down to small businesses, driving the number of
links in the logistics chain upwards[8].
Many transport companies are considered vulnerable from the point of view of
their financial standing (up to a third of French road haulage companies
according to the Banque de France[9]).

However,
the relatively low entry barriers to starting a transport company mean that
companies which exit the market regularly re-enter it or are replaced by new
undertakings. Despite the unfavourable economic climate, the number of
Community licenses issued in Spain for instance has risen between 2010 and 2012
(from close to 26,000 at the end of 2010 to more than 27,000 at the end of
2012). This shows the resilient nature of the sector, which appears to adapt
quickly to changes and economic developments.

Certain
stakeholders[10]
have claimed that the competition created by hauliers from Member States with a
lower cost-base, operating on domestic markets through cabotage, has led to job
losses. This claim is not supported by the available data regarding employment
in the sector. Employment in the road haulage sector has gone up from 2005 to
2011, with certain decreases from 2009 to 2010. Although further research is
needed into the extent of job losses at Member State level, a first conclusion
would indicate that these reductions are linked to the economic crisis, in
combination with the high average age of drivers. In 2011, employment figures
in the road haulage sector of the EU27 reached pre-crisis levels again. Hence,
no objective evidence indicates that cabotage operations, representing a very
small percentage of domestic transport, have had a noteworthy impact on jobs of
truck drivers.

2.3.        Developments in
Productivity

2.3.1.     Labour productivity

As
shown in Table 1, labour productivity in the land transport sector is lower
than the total economy average, and the lowest among all transport modes. In
addition, it is the only mode in which labour productivity is dropping. More
detailed information would be needed on productivity levels in the road freight
sector. Furthermore, additional research is needed to determine the impact of
competition on labour productivity levels in road haulage. Studies carried out
across different sectors show that in the broader economy, labour productivity
is higher in segments open to international competition (in this case,
international transport) than in those largely closed to international
competition (in this case, national transport). Productivity levels may be up
to 15% lower in sectors which are not open to international competition[11].
Opening national road haulage markets to international competition could
thereore be expected to bring similar productivity gains.

Most
Member States registered a drop in productivity in the aftermath of the
economic crisis. This is consistent with developments in the EU economy during
that period. In an economic downturn, economic outputs decrease more quickly
than employment, leading to a drop in productivity. The EU economy as a whole
recorded a very low 0.6 % increase in productivity over the 2008-11 period[12].
Marked differences continue to exist in levels of labour productivity between
Member States, which follow differences in price levels in those Member States.

|| || Land Transport || Water Transport || Air Transport || Warehousing, support activities || Transport Sector || Total economy

Labour productivity, 2010 || EUR per person employed || 45 000 || 144 000 || 63 000 || 67 000 || 55 000 || 49 000

Average annual labour productivity growth, 2001/2010 || % || -0.2 || +7.5 || +3.2 || +1.2 || +1.0 || +0.9

Table
1: Labour Productivity in the Transport Sector and in the Overall Economy.
Source: Eurostat National Accounts and Structural Business Statistics.

2.3.2.     Vehicle productivity

Due
to imbalances in transport flows and logistics practices, a degree of empty
running is an unavoidable part of road haulage. Given the undesirable effects
of empty running on fuel consumption, CO2 emissions and costs, this
should be reduced as far as possible. Levels of empty running have slightly
decreased over the last years thanks to a slowly increasing efficiency in the
organisation of transport activities. Nonetheless, in 2012, almost a quarter
(23.2%) of all vehicle-km of heavy goods vehicles in the EU involved an empty
vehicle.[13].
Although there is no reliable statistical evidence regarding the level of
loading of other vehicles, it can be expected that partially loaded vehicles
are also common.

Levels
of empty running remain high in national transport activities. The rate of
empty running for domestic hauliers carrying out national transport is just
over 25%. However in case of foreign trucks travelling national trips in a Member State other than the one in which they are registered, this rate stands at close to
50%. Specialised vehicles (such as refrigerated goods carried in reefer trucks,
liquids carried in tanks or waste carried by waste collection vehicles) are
often partially loaded or empty, due to the difficulty in finding return trips
for specialised shipments. However cabotage trips usually involve general cargo
carried out with curtain-sided trailers or containers. The high level of empty
running is therefore most likely not due to the difficulty in finding return
loads, which are more readily available in general trasnport. Transport
operators therefore seem limited by the restrictions applicable to cabotage
operations, and unable to organise their transport operations efficiently.

An
analysis of the levels of empty running in different market segments shows that
segments which are exposed to competition, namely international transport
(cross-trade and bilateral international haulage), have much lower levels of
empty running[14]
than market segments still subject to operational restrictions, as shown in
Figure 5.

Figure
5: Share of Empty Vehicle-km in Total Vehicle-km by Type of Transport in 2012.
Based on data from 21 of the 27 EU countries in 2012 (no data available from
BE, IT, CY, MT, RO and UK). Source: Eurostat, DG MOVE.

The
positive impact of market opening on loading levels is also demonstrated by the
effect of the removal of access restrictions on hauliers from the Member States
which joined the EU in 2004 and 2007. When the cabotage restrictions imposed on
them were lifted in 2009 and 2012, their share of empty vehicle-km in cabotage
fell significantly (see Figure 6 below). Regulation (EC) No 1072/2009, however,
does not seem to have had a positive impact on overall levels of empty running
in cabotage situations. Before the adoption of Regulation (EC) No 1072/2009,
more permissive provisions were in place in several Member States[15].
Following the entry into force of the cabotage provisions of Regulation (EC) No
1072/2009 in May 2010, the overall level of empty running during trips within
foreign countries decreased at a considerably slower rate than before and
remains almost twice as high as the level of domestic vehicles in national
transport. Although other developments such as the economic crisis must be
taken into account, this could suggest that the current restrictions on
cabotage operations are limiting hauliers in further increasing their
efficiency. Further market opening could therefore reasonably be expected to
reduce levels of empty running in domestic transport. The potential for
reduction of levels of empty running should nonetheless be assessed against the
risk of induced road transport demand, which may arise if the increase in road
transport offer triggers a significant drop in road transport prices[16]. In
such cases, the transport sector of Member States with higher cost levels may
be more strongly affected, including through possible modal shift. Nonetheless,
it shoud be noted that a drop in road transport prices would benefit users of
transport services and consumers[17].

Other
factors may help to reduce overall CO2 emissions and improve the fuel
efficiency of vehicles, including the development of fuel consumption and CO2
measurement methodologies, such as the one to be presented by the Commission in
the forthcoming Communication on a strategy for reducing heavy-duty vehicles fuel
consumption and CO2 emissions.

Figure 6:
Evolution of the share of empty vehicle-km on trips within foreign countries
between 2007 and 2012 by group of Member States where the vehicle was
registered. Based on data from 20 of the 27 EU Member States in 2012 (no data
available from BE, IT, CY, LU, MT, RO and UK). Source: Eurostat, DG MOVE.

3.           Evolution of Cost
Structures in the Road Haulage Sector

3.1.        Cost Drivers: An Overview

Cost
levels are one of the key factors determining competitiveness in the road
haulage sector. Other factors include specialisation and quality of service.
Whereas certain of these costs are closely linked to the Member State of establishment (notably costs of vehicle registration and maintenance, company
taxation, cost of capital), others are variable and dependent on the Member State of operation (road user charges or fuel taxes). Due to the existence of
distance-based allowances and national legislation that may in certain cases
lead to the alignment of wages with minimum standards in the Member State of operation[18],
labour costs may to a certain extent also be counted to this category. With
fuel, labour is one of the two main cost drivers in the road haulage sector. In
order to determine the influence of possible further market opening on the
structure of the road haulage sector, it is useful to compare the structure of
industry costs throughout the EU. The harmonisation of cost structures and
levels is neither an objective of EU policies nor a competency of the EU.
However, it has been alleged that market opening could result in unwarranted
outcomes if competitive pressure leads to non-compliance with social rules,
such as driving time and rest periods, which in turn would present a risk for
road safety. This type of development would be contrary to the aims of EU
transport policy.

Cost structures are becoming increasingly similar
throughout the road haulage sector. The relative importance of the two main
cost drivers (labour and fuel costs) has now reached comparable levels
throughout the EU. Whereas labour costs in 2004 represented 10% to 30% of total
costs in Member States that joined the EU in that same year, they have since
grown to represent 20 to 40% of costs in these Member States. In absolute
terms, labour costs in the Member States that joined in 2004 and 2007 remain
lower than in EU-15 Member States, but the gap is steadily narrowing. The
variations of costs related to fuel range from 24% to 38% of total costs.

Figure
7: Cost Breakdowns of Hauliers from Selected Member States. Source: Collection
and Analysis of Data on the Structure of the Road Haulage Sector in the
European Union, AECOM 2013.

Furthermore,
harmonisation has continued in other fields of EU competence with an influence
on operating costs of road haulage undertakings, such as road charging. These
developments are further detailed in section 6 of this document.

3.2.        Developments in Labour
Costs

Remuneration
in the road haulage sector is commonly split into different cost components.
Monthly wages are fixed in respect of minimum wages or collective agreements[19].
Average wage levels vary according to the type of transport (national or
international) carried out, with rates for international transport higher than
those for national transport. In addition to these variations, other forms of
remuneration are usually added to set wage levels, the most common being daily
allowances (per diems) and distance-based bonuses[20]. Due
to the importance of labour costs in hauliers' operating cost structures,
differences in wage levels can impact business practices in the sector.
Companies can out-flag their activities to Member States with lower labour
costs. If carried out in compliance with the requirements of establishment set
out in Regulation (EC) No 1071/2009, the practice of out-flagging can
contribute to cross-border investment flows and strengthen the integration of
the EU transport market. However, certain cases of out-flagging (such as cases
where activity is carried out exclusively in one Member State other than the
one of registration) may be the sign of a deliberate avoidance of taxes and
labour charges.

Although
the situation of individual markets must be assessed in more detail, there are
indications that the level of differences in wages is reducing to a point where
the risk of unlawful behaviour is mitigated[21].
Nonetheless efforts to improve enforcement must be continued. While disparities
remain, absolute levels of labour costs are increasing faster in the Member
States that joined the EU in 2004 and 2007. All remuneration elements
considered, wages of Romanian drivers in international transport appear to be
reaching similar levels to those of Spanish hauliers (4-5 €/hour)[22].
These evolutions are in line with the convergence of average wage levels in the
EU, as shown in Figure 8. As a result, differences in wage levels in the road
haulage sector are comparable with differences in average wages throughout the
EU and across the economy. The chart below shows the relative increase in the
wages of workers from the EU-12, compared to those from the EU-15.

Figure
8: Evolution of the Labour Cost Index of the Business Economy in the EU-15 and
EU-12 Member States since 2004. Source: Eurostat, DG MOVE.

As shown above, the differences
in wage levels in the road haulage sector remain similar to the average
differences in wages between Member States throughout the economy. However, it
should be noted that these differences may have a higher impact on competition
in this sector due to the mobile nature of road haulage activities. Contrary to
other sectors, transport services can be provided in other Member States on a
temporary basis while partly retaining the wage conditions of the Member State of residence. However, EU legislation exists which in some cases may increase
the protection of non-resident workers providing services on a temporary basis
in other Member States. Directive 96/71/EC on posting of workers[23]
applies to drivers, if they fall within the scope of the Directive. Regulation
(EC) No 593/2008 on contractual obligations[24]
lays down the general criteria for determining the law applicable to
contractual obligations. In certain cases the law that would normally be
applicable to the contract may be set aside, to be replaced by the mandatory
rules within the meaning of private international law that apply at the place
where the work is habitually carried out (Article 8).

3.3.        Developments in Fuel Cost
Levels

Fuel
costs throughout the EU have followed developments of crude oil prices on
international markets and do not vary extensively. This can be partly traced
back to the gradual harmonisation that is taking place in taxation of energy
products and electricity in the European Union, which is governed by the
provisions of Council Directive 2003/96/EC (the 'Energy Taxation Directive')[25]. The
structure of fuel excise duties is harmonised: among others things, the
Directive establishes minimum tax levels on energy products used as motor fuel.
However, Member States are free to set their own national tax rates the way
they see fit. The national tax rates differ from one Member State to the other. Fuel costs are lowest in Luxembourg, highest in the United Kingdom.

Figure
9: Typical Diesel Fuel Cost per 1,000 Litres by Member State (January 2014). Source: Market
Observatory Oil Bulletin, 2014, European Commission, DG Energy.

3.4.        Other Cost Drivers

Aside from these two main cost drivers,
road haulage companies incur other fees such as:

– 
One-off charges relating to the establishment of
the undertaking (including purchase and registration of vehicles);

– 
Periodic taxes on ownership or circulation of
vehicles;

– 
Taxes deriving from the use of vehicles (income
tax, time- or distance-based road charges).

The
relative level of these fees may impact business behaviour. Significant
differences in levels of fees could encourage cases of unlawful out-flagging
which in turn disadvantages law-abiding companies. Although taxation and
charging levels continue to differ, there are indications that the net amount
of charges paid per vehicle is reaching similar levels throughout the EU.

Differences
continue to exist in the levels of the costs levied on establishment, on
vehicle registration and on circulation fees. Establishment fees vary from a
one-off fee of around €40 in the Czech Republic to over €1,000 in Bulgaria[26].
Vehicle taxes (be they registration or ownership taxes) also vary between
Member States. The variation in levels of charges does not follow the EU12-EU15
divide that can be seen in the case of labour costs. Annual vehicle taxes, for
instance as shown in Figure 10 below, vary in a range of 1 to 10. Among the 10
most costly Member States for annual vehicles taxes, three are from the EU-12 (Czech Republic, Hungary and Bulgaria).

Figure
10: Annual Vehicle Tax (€) for a Standard Tractor Semitrailer Combination
(2012), Source: ACEA Tax Guide 2012.

Without carrying out a detailed analysis
of the levels of difference of each cost component, it is interesting to note
that despite these differences, the average level of taxes and charges on
domestic routes does not seem to vary significantly between Member States.
According to OECD calculations as shown in Figure 10, the net amount of charges
paid per vehicle kilometre average 0.18 EUR with relatively little variation
between Member States. The highest charges in the EU are collected in Germany (0.34 EUR/vkm) and the lowest in Bulgaria, Luxembourg, Latvia, Lithuania, and Romania (0.11 EUR/vkm).

Figure
11: Net Amount of Charges Paid per Vehicle-km (Domestic Haul, 2012). Source:
Road Haulage Charges and Taxes. Summary analysis and data tables 1998-2012,
OECD 2013.

This
may partly be due to the increasing use by Member States of territory-based
road user charges (be these vignettes or tolls). Since the adoption and
subsequent revision of Directive 1999/62/EC on the charging of heavy goods
vehicles[27],
an increasing number of Member States have put in place road user charging
schemes. In a context of converging cost structures, EU hauliers will
increasingly be called upon to improve their efficiency and quality of service.
This improvement would benefit the customers of the road haulage industry,
notably freight forwarders and the retail industry, and through them increase
the efficiency and competitiveness of the EU economy as a whole.

4.           Enforcement of Provisions
on Access to the Road Haulage Market

Regulations
(EC) No 1071/2009[28]
and 1072/2009 aim to provide undertakings with fair access to the international
road haulage market, including by providing additional criteria for enforcement
authorities to control compliance with these. Correct enforcement of these
Regulations is necessary to ensure that the companies active on the road
haulage market are reliable and compete on an equal footing. Nevertheless, the
enforcement of certain of their provisions remains problematic. Two aspects in
particular constitute a source of difficulty for hauliers and enforcement
authorities: the provisions on stable and effective establishment, in the case
of Regulation (EC) No 1071/2009 and those on cabotage in the case of Regulation
(EC) No 1072/2009.

4.1.        Enforcement of Regulation
(EC) No 1071/2009

Regulation
(EC) No 1071/2009 on access to the occupation of road transport operator
brought together several pieces of legislation, with the aim of simplifying and
supplementing their enforcement. It also brought into place additional
requirements, notably a criterion of stable and effective establishment for
road haulage undertakings, provisions for a single format of Community licenses,
specific requirements for transport managers and increased cooperation between
Member States in the field of enforcement (notably via the interconnection of
national registries of road transport undertakings, ERRU).

These
changes have contributed to further harmonisation, notably with regard to the
formats of Community licenses. However, work remains to be done to complete the
implementation of this Regulation, notably via the full interconnection of
ERRU. Punctual reports also show that 'letterbox' companies (that is to say,
companies "established" in a Member State for tax purposes, where
they do not carry out their administrative functions or commercial activities,
in violation of Article 5 of Regulation (EC) No 1071/2009) still exist in
certain Member States. This practice is not in line with the intention of the
legislator. Such practices are occasionally documented[29], but
remain difficult to quantify due to their illegal nature.

Such
'letterbox' companies continue to exist due to the differences in resources and
priority levels given to enforcement in the Member States concerned. This may
create difficulties for other Member States reporting such companies to their
Member States of registration, who may not be able to rely on a strong level of
support from their counterparts. In addition, the provisions regulating
enforcement of the 'stable establishment' requirement are weak[30].
There seems therefore to be a case for increased cross-border cooperation in
this area, and for a more stringent enforcement of the relevant provisions.

4.2.        Regulation (EC) No
1072/2009: Implementation Issues and National Developments

Enforcement
authorities and hauliers alike report differences in the methods used to
enforce Regulation (EC) No 1072/2009. These differences may be deterring
hauliers from undertaking activities in domestic markets abroad. Despite
attempts to clarify the terms of Regulation (EC) No 1072/2009[31],
differences remain in the implementation of certain provisions. Finland for instance considers multi-drop operations (in which a haulier drops off part of
a single load in several destinations, such as subsidiaries of a same company)
as several transport operations, whereas in others multi-drop operations are
counted as a single transport operation. The enforcement authorities of Denmark or Finland demand that hauliers be able to show evidence of cabotage operations in the form
of a consignment form on the spot in the case of a check. Others provide
hauliers with some time to gather this information if it is not readily
available, for instance in the case where the consignment letter is not carried
with the load.

In
addition, certain Member States have displayed a tendency towards restricting
the conditions under which hauliers can perform international transport and
cabotage operations through regulatory means and enforcement practices.
Examples include discrimination by enforcement authorities of vehicles
belonging to subsidiaries of local companies established in another Member State or the application of restrictive provisions to types of goods mainly
transported by non-resident hauliers. Private initiatives, tolerated by the
authorities, contribute to stigmatising foreign drivers. In one Member State, a smartphone application to track and trace foreign-registered trucks is
encountering some success with local drivers. In the long term, those
regulatory and private initiatives risk undermining the internal market acquis
in the field of transport and notably the efficiency gains resulting from the
opening of the market for cross-border transport.

The
relevance of such practices appears all the more questionable in view of the
low level of documented infringements to cabotage provisions. While concerns
exist regarding illegal cabotage operations (that is to say cabotage operations
exceeding the three operations possible under Regulation (EC) No 1072/2009, or
which do not take place after an international carriage, or longer than seven
days after an international carriage), enforcement authorities have generally
not been able to substantiate these claims. In the Member States where
extensive cabotage checks have taken place, infringement levels were low (1.7%
of all vehicles checked in the case of Denmark[32]).
Other infringements, such as non-respect of driving times having impacts on
both competition between hauliers and on safety, are more commonly encountered
by enforcement authorities.

In
conclusion, Regulations (EC) No 1071/2009 and 1072/2009 are understood,
interpreted and applied differently in different Member States. As a result,
the operators are faced with a costly and confusing patchwork, which the 2009
package was intended to do away with in the first place.

4.3.        Revision of the
Regulations under the REFIT exercise

In
its Communication on EU Regulatory Fitness of December 2012[33] the
Commission launched the Regulatory Fitness and Performance Programme (REFIT),
which aims at making EU law clearer and reducing regulatory burden. The
screening exercise that followed the Communication identified the revision of
Regulations (EC) No 1071/2009 and (EC) No 1072/2009 as a priority. A
simplification of the Regulations would allow control officers to enforce these
in a more efficient and uniform way, providing hauliers with a consistent
interpretation of the Regulations and a predictable operating environment. The
revision would aim on the one hand at clarifying the problematic terms of the
Regulations, notably the definition of stable and effective establishment in
Regulation (EC) No 1071/2009 and of cabotage in Regulation (EC) No 1072/2009.
Furthermore, the possibilities for cooperation between Member States in
enforcing Regulation (EC) No 1071/2009 could be further strengthened. Finally,
a revision could improve the enforcement of the Regulations. The introduction of
further prescriptive provisions on the frequency and modalities of checks would
help to address the discrepancies that exist in the enforcement of the
Regulations. Enforcement could also be made more efficient by making better use
of new technical control possibilities, such as the new generation of digital
tachographs.

5.           Social Dimension of the
Road Haulage Sector

EU
legislation provides both a general and a sectoral framework aimed at ensuring
road safety, adequate working conditions, and undistorted competition in the
road haulage sector. This framework includes Regulation (EC) No 561/2006 on
driving time and rest periods[34]
and Directive 2002/15/EC on working time of mobile workers[35]. To
ensure that these rules are correctly enforced, these provisions are completed
by rules on minimum levels of checks (Directive 2006/22/EC[36]) and
detailed legal and technical provisions on the recording equipment to be used
in road transport (Regulation (EEC) No 3821/85[37]).
An insufficient level of compliance with these rules could lead to adverse
consequences. These include a degradation of working conditions for road
transport workers, increased risks for road safety and other road users, and
disadvantaging compliant undertakings.

Continued
efforts are taking place to further improve the enforcement of these
provisions. This includes the elaboration by the Commission of guidance and
clarification notes put at the disposal of Member States and stakeholders[38].
However, guidance notes remain non-binding documents. As a result, the
Commission cannot sanction Member States that do not follow them. The
elaboration of guidance notes is difficult (a guidance note on the '24 hour
period' for calculation of driving time and rest periods has been under
discussion for over 4 years and its text has not yet been finalised). The track
record of Member States actually applying the guidance notes that have been
discussed with them in the relevant committee also shows significant
differences.

Efforts
continue in cooperation with stakeholders. The TRACE project[39],
which created a common training curriculum for roadside enforcement officers,
has been completed. The 2011 White Paper on Transport[40]
identified the promotion of quality jobs and working conditions as a priority.

5.1.        Working Conditions

Working
conditions in the road haulage sector are difficult, as shown by the low
attractiveness of the sector. Among the reasons for this are: the mobile nature
of road transport activities and long periods spent away from base. Other risk
factors identified by the European Agency for Safety and Health include the
fact that drivers often work in isolation, just-in time management and client
demands leading to high work pressure, working on sites of others, increasing
use of remote monitoring and complex technology, workplace design,
accessibility of facilities and services (hygienic, food and medical), risk of
infectious diseases, violence and assault, prolonged sitting and exposure to
vibration, accident risks when loading and unloading, and the road safety risks
associated with work in road traffic[41].
The same report also identifies the atypical working hours in the sector as a
factor that may have negative health effects. Globally however accidents
involving heavy-duty vehicles are decreasing, whereas compliance with
provisions on driving time and rest periods is improving[42].

The
increase in 'just-in-time' management practices, which have developed thanks to
new technical possibilities available in the logistics sector, means that
drivers are subject to pressure to meet delivery deadlines. The pressure on
road transport workers is perceived to have increased during the on-going
economic crisis, and is believed by stakeholders to be linked to various
unlawful practices such as exceeding driving times, performance-based
remunerations endangering road safety or bogus self-employment[43]. The
main social issues identified by stakeholders as requiring future legislative
action are set out in Table 2.

Issue || Degree of importance

Illegal/unfair employment schemes creating social dumping (including ‘letter-box companies’) || *****

Lack of enforcement and controls || *****

Social harmonisation across the EU27 Member States is far from being achieved || ****

Illegal cabotage operations || ****

Quality of rest and dedicated facilities || ***

Driving time and rest periods || **

Table
2: Issues Identified by Stakeholders as Requiring Future Legislative Action
with Respect to Social and Working Conditions in the Road Freight Transport
Sector. Source: Social and Working Conditions of Road Transport Hauliers,
European Parliament, 2013.

The
issues highlighted by stakeholders in Table 2 are closely linked to the
implementation of Regulations (EC) 1071/2009 and 1072/2009, although
enforcement falls within the competencies of Member States. The unsatisfactory
enforcement of these provisions can be traced back to the absence of binding
provisions on the number and frequency of checks in the two Regulations. The
lack of such provisions also creates difficulties for the Commission to monitor
the implementation of these Regulations. The latter therefore stands to be
improved by the introduction of binding provisions on enforcement.

Driving
time and rest periods remain an area of concern. Recent evaluations show that
compliance with the relevant legislation is improving[44],
while differences in enforcement practices of Member States continue to exist[45]. The
share of checks carried out at the roadside or at company premises continues to
vary, as does the share of working days checked. This reflects both differences
in the resources devoted by Member States to enforcement, as well as
differences in transport markets (while checks at the premises are effective in
Member States where large companies are prevalent, roadside checks may be more
effective in markets dominated by small undertakings).

Recent
research also tends to show that risks related to social security competition
are limited, due to a levelling of productivity-adjusted labour costs and the
harmonisation of a number of labour standards. In addition, Member States with
lower cost bases are not shown to have poorer enforcement levels in relation to
social and labour legislation. There is therefore no evidence that non-respect
of labour legislation would lend them a competitive advantage.[46] This
being said, efforts remain to be made across the board to improve the
enforcement of cross-sector social legislation in the road transport sector.

5.2.        Anticipating Change

The
road haulage sector is already affected by a number of major long-term changes;
starting with the on-going shortage of drivers. Road haulage workers are an
ageing population, with over 250,000 drivers expected to retire in Germany alone over the next 10 to 15 years[47].
This, combined with the lack of qualified drivers that has already been
identified before the economic crisis, will strongly affect road haulage
companies' recruitment possibilities. The results of this shortage can already
be felt in certain Member States such as Latvia where third country drivers are
being recruited, for the time being in small numbers.

The
European Agency for Safety and Health stresses the changing nature of the job
content of transport workers. The increased use of technology is a defining
factor in international transport. On-board computers, new generation digital
tachographs and other telematics equipment play an increasing role in
organising traffic movements and checking compliance with the applicable
legislation. Other technical improvements (new propulsion systems, automated
highway systems) will also change the content of drivers' jobs. Combined with
the increase in average age of drivers, this will create new training needs for
drivers. While life-long learning should be considered a priority, the
curriculum of learner drivers should also be adapted.

The
Commission will continue its dialogue with Member States and stakeholders in
order to anticipate these changes. The Social Sectoral Dialogue Committee
exists as a tool which can be used to proactively address such upcoming
challenges. Contributions from the social partners with a view to adopting a
social code for mobile road transport workers, as mentioned in Initiative 8 of
the 2011 White Paper on Transport, would be welcome. As underlined in the
Commission Communication on an integrated industrial policy for the
globalisation era putting competitiveness and sustainability at centre stage[48],
dealing with the employment market
challenges in the framework of social dialogue are key elements of a
competitive and efficient industrial policy. In the context of an upcoming
shortage of drivers, measures to improve the usage of vehicles (e.g.
facilitating load consolidation, distribution planning) should also be
encouraged. Market opening, which would likely contribute to a more efficient
use of vehicles, could also help to address this shortage.

6.           Other Regulatory
Developments

Following
the adoption of Regulation (EC) No 1072/2009, the EU legislator has taken steps
to further harmonise the internal market for road haulage by adopting
additional legislative measures, as highlighted below. In the context of market
opening, these developments contribute to harmonising the market conditions
affecting EU hauliers.

6.1.        Road Charging

Directive
1999/62/EC, as amended by Directive 2006/38/EC, was modified further with
Directive 2011/76/EU. This Directive sets a common framework for Member States
setting up distance-related tolls and time-based user charges (vignettes) for
heavy goods vehicles (above 3.5 tonnes) for the use of certain infrastructure.
With the 2011 amendment, the Directive integrated elements aimed at better
reflecting the 'polluter pays' principle, such as possibilities for Member
States to charge hauliers for their vehicle's impact on air quality and sound
levels. While none has so far started internalising external costs, a growing
number of Member States now use a form of infrastructure charging:

•           Vignette systems in place: Bulgaria, Romania, Hungary and Lithuania have national vignette systems for trucks. The UK will implement a vignette as of 1 April 2014. Sweden, Denmark, the Netherlands, Belgium and Luxembourg operate the shared "Eurovignette”.

•           Vignette
systems in development: Latvia.

•           Electronic network wide tolling systems
in place: Germany, Austria, the Czech Republic, Hungary, Slovakia, Poland and Portugal.

•           Electronic network wide tolling in
development: Denmark, Belgium and France. France will only be applying the
charges to existing untolled state-owned motorways and national roads, so it
will retain its present system of tolls with physical barriers on motorway
concessions.

•           Tolls with physical barriers: includes Ireland, France, Spain, Italy, Slovenia and Greece. Although other countries have manual tolling on
a small number of roads, the scale is not significant. Poland and Portugal also have tolls with physical barriers on part of the network, although they are
classified as having electronic network-wide tolling in place because this is
the primary system.

•           No tolls: Latvia, Finland,
Estonia, Malta and Cyprus

In
addition, efforts are on-going to roll out the European Electronic Toll Service
(EETS). The technical specifications on interoperability of EETS are contained
in Directive 2004/52/EC[49],
whereas the Commission Decision 2009/750/EC[50],
which defined the specifications of EETS, entered into force in October 2009.
Efforts are now focusing on regional Electronic Toll Services as a step towards
EU-wide coverage.

6.2.        Vehicle Specifications

The
criteria applicable to vehicles used by EU hauliers have changed substantially
since the adoption of Regulation (EC) No 1072/2009. The entry into force of the
Euro VI emission standard in January 2013 (following the entry into force of
Euro V emission standards in 2008) has led to a faster renewal of vehicle
fleets in both the EU15 and the EU12, where the average age of vehicles in use
is higher[51].
Overall, vehicles that are more modern are used in international road haulage
than in domestic haulage, partly due to the lower toll levels applied to such
vehicles and to their lower fuel consumption, but also due to the need to
regularly replace these vehicles, which quickly reach a high mileage.

Figure
12: Age distribution of heavy goods vehicles used by EU27 hauliers in 2012
(share in total vehicle-km in %). Source: Eurostat, DG MOVE.

In
addition to the adoption of Euro standards, vehicle specifications will be
further harmonised by the adoption of harmonised European type-approval
requirements for heavy-duty motor vehicles and their trailers, which entered
into force in 2012[52].

6.3.        Road Safety

Safety
records in the EU, including those of heavy goods vehicles (HGV), are
continuously improving and do not show any negative impact following the
adoption of new provisions on access to the road haulage market in 2009. As can
be seen in the table below, accidents involving an HGV and leading to
fatalities have decreased in nearly all of the Member States concerned.

|| 2008 || 2009 || 2010 || 2010 change from 2008 (HGV)

|| HGV || Total || HGV as % of Total || HGV || Total || HGV as % of Total || HGV || Total || HGV as % of Total

Belgium || 122 || 944 || 13% || 117 || 944 || 12% || 111 || 840 || 13% || -9.0%

Czech Republic || 169 || 1076 || 16% || 163 || 901 || 18% || 175 || 802 || 22% || +3.6%

Denmark || 62 || 406 || 15% || 35 || 303 || 12% || 36 || 255 || 14% || -41.9%

Germany || 625 || 4477 || 14% || 536 || 4152 || 13% || 534 || 3648 || 15% || -14.6%

Ireland || 44 || 280 || 16% || 22 || 238 || 9% || 13 || 212 || 6% || -70.4%

Greece || 138 || 1553 || 9% || 113 || 1456 || 8% || 127 || 1258 || 10% || -8.0%

Spain || 452 || 3099 || 15% || 353 || 2714 || 13% || 333 || 2479 || 13% || -26.3%

France || 596 || 4275 || 14% || 502 || 4273 || 12% || 552 || 3992 || 14% || -7.4%

Italy || 977 || 4725 || 21% || 785 || 4237 || 19% || 835 || 4090 || 20% || -14.5%

Luxembourg || 2 || 35 || 6% || 2 || 48 || 4% || 9 || 32 || 28% || +350.0%

Netherlands || 107 || 677 || 16% || 95 || 644 || 15% || || || ||

Austria || 107 || 679 || 16% || 81 || 633 || 13% || 97 || 552 || 18% || -9.3%

Poland || 1,155 || 5437 || 21% || 952 || 4572 || 21% || 947 || 3908 || 24% || -18.0%

Portugal || 112 || 885 || 13% || 120 || 840 || 14% || 95 || 937 || 10% || -15.2%

Romania || 292 || 3061 || 10% || 252 || 2796 || 9% || 191 || 2377 || 8% || -34.6%

Slovenia || 7 || 214 || 3% || 12 || 171 || 7% || 7 || 138 || 5% || 0.0%

Finland || 106 || 344 || 31% || 70 || 279 || 25% || 92 || 272 || 34% || -13.2%

Sweden || 72 || 397 || 18% || 45 || 358 || 13% || || || ||

United Kingdom || 380 || 2645 || 14% || 287 || 2337 || 12% || 282 || 1965 || 14% || -25.8%

Table
3: Fatalities Involving a HGV by Member State (2008 - 2010). Source: Traffic
Safety Basic Facts 2012, Heavy Goods Vehicles and Buses, European Road Safety
Observatory.[53]

This
decrease results partly from the decrease in freight transport volumes which
took place between 2008 and 2010 (-7%). However other factors are likely to
have contributed to reducing the rate of accidents involving HGVs, such as
technical improvements to vehicles to better enforcement of traffic rules. The
adoption of rules on better cooperation in the enforcement of various traffic
offences[54]
is an initiative to be noted in this respect. Following the end of the
transposition period on 7 November 2013, its full impact can be expected to be
felt in the coming months.

This
trend can be expected to continue since several proposals are currently in the
legislative process which, when adopted, will contribute to better maintaining
existing vehicles[55]
and to put on the market vehicles which are safer for vulnerable road users[56].

6.4.        Fuel Taxation

Energy
products, including commercial fuel are subject to the above-mentioned
Directive 2003/96/EC on the taxation of energy products and electricity. Among
others, this Directive sets minimum levels of excise duties for fuel. The
Commission adopted a proposal to review this Directive on 13 April 2011[57]. If
adopted, the proposal would align energy taxation policies to reflect the
environmental impact of fuels and other energy products, thus creating a
further incentive for hauliers to use cleaner vehicles.

7.           Conclusions

7.1.        Market situation

The
main developments affecting the road haulage market since the adoption of
Regulation (EC) No 1072/2009 consist of overarching trends such as the economic
crisis and the successive enlargements of the EU. Although the sector appeared
to be slowly recovering from the economic crisis until 2011, transport volumes
have since dropped again, following developments in the rest of the economy.
Other major trends that had been present before the economic crisis continue to
play a significant part in defining transport movements, such as the growing
role of freight forwarders and third party logistics providers in consolidating
loads and in contractual relations with hauliers.

The
adoption of the 2009 road package has contributed to providing hauliers and
enforcers with common standards and criteria for access to the occupation and
to the international road haulage market. However, certain provisions of
Regulation (EC) No 1072/2009 are difficult to apply, in particular those
relating to stable establishment of road haulage undertakings and to cabotage.
Furthermore, the patchwork of national legislations that the 2009 recast
intended to do away with is re-emerging, with detrimental consequences for the
internal market for road transport.

Finally,
the sector will face a number of challenges in the future. To respond to these,
it will need to improve its efficiency. The shortage of drivers is mitigated by
the crisis but remains a source of concern, particularly for specialised
drivers. In the future, this will create new demands for drivers and
qualifications, including within an ageing workforce. In addition, working
conditions remain difficult in the road haulage sector, while contractual
relations remain marked by high levels of self-employment. With a decreasing
pool of available drivers, companies must reduce high levels of empty running
in order to make better use of their staff. Improved efficiency of the road
haulage sector will contribute to the competitiveness of the EU economy as a
whole.

7.2.        Convergence of market
indicators

As
in other parts of the economy, EU Member States have different cost structures
in the road haulage sector. Whilst it is unlikely that cost differences will
disappear entirely, the gap has been constantly narrowing. Hauliers involved in
international transport are exposed to costs such as road charging and fuel
costs, which are applied to users regardless of the Member State of registration. Furthermore, the participation of drivers in international transport
operations, in which remunerations are traditionally higher, has led to an
increase in wage levels particularly in those Member States that joined the EU
in 2004 and 2007. The gradual convergence of cost levels compels hauliers to
compete on efficiency and quality of services, benefitting transport users throughout
the EU economy. However, it is not a competence of the EU nor is it an aim of
the Single Market to equalise costs.

In
addition, legislative developments have taken place that are leading to further
harmonisation of the framework conditions in the road haulage sector. This
includes the increasing use of road charging systems, additional technical
harmonisation and enhanced safety of road transport vehicles, and increased
cooperation between EU Member States in tackling traffic offenses. These developments
limit the risk for road safety that an increase in competitive pressure could
create, notably in the case of further market opening.

There
is some scope for further harmonisation in enforcement of the provisions on
access to the road haulage market, which continue to diverge between Member
States. In particular, the provisions on cabotage in Regulation (EC) No
1072/2009 and on stable and effective establishment in Regulation (EC) No
1071/2009 do not appear to be applied in a uniform way. This prevents hauliers
from operating in a level-playing field, and creates difficulties for the
enforcement authorities responsible for applying these rules. Addressing such
shortcomings will help to limit unlawful out-flagging, which negatively affects
competition and working conditions.

7.3.        Next steps

From
the elements above it transpires that a further reform to clarify the
provisions on access to the EU road haulage market should be considered. A
balanced reform, including provisions to ensure the uniform application of
market access rules, would bring clarity to the legal provisions that Member States and the industry understand and apply differently. Clearer rules would
provide the basis for an enhanced culture of compliance and limit the
possibilities for fraud (both in the fiscal or social sphere). This is a sine
qua non condition to improving the coherence of enforcement that is
expected of a Single European Transport Area. The planned revision of
Regulations (EC) No 1071/2009 and (EC) No 1072/2009 under the REFIT exercise
will mark a first step in this direction.

On
the basis of appropriate enforcement measures, a gradual review of certain
archaic restrictions that still exist to market access would appear appropriate.
The conditions to the operation of cabotage restrict the markets accessible to
EU hauliers, as domestic markets account for around two thirds of all road
transport volumes moved. Gradually removing these restrictions could contribute
to reducing the administrative burden that the current complex unclear rules
create. In addition, this would allow a more efficient matching of transport
offer and demand. As research has shown, relaxing the restrictions to cabotage
could contribute to a more economical and resource-efficient road transport
sector, as this could lead to a reduction of empty runs, and would play a part
in increasing the sector's economic and fuel efficiency. Other initiatives will
also contribute to this, such as the forthcoming Communication containing a
strategy for Reducing Heavy-Duty Vehicles Fuel Consumption and CO2
Emissions.

To
ensure that the economic and social dimensions go hand in hand, it will be
necessary to design measures aiming at restoring the attractiveness of the
profession and improving the working environment of drivers. This includes
measures on enforcement, control and mitigation of fiscal and social fraud, as
well as improved training levels and skills. This would benefit the economy as
a whole, and would improve the attractiveness of the profession. Providing the
industry with a highly trained and available workforce would also help in
responding to the impending driver shortage. In addition, work should continue
to improve the enforcement of the EU social provisions in road transport,
including those relating to driving time and rest periods.

Whenever
the current and envisaged instruments and measures mentioned in this Report
involve the processing of personal data, this must be done in compliance with
Directive 95/46/EC on the protection of personal data[58] and
the national provisions implementing it.

As
President Barroso pointed out in his State of the Union address on 11 September
2013: "We have a well-functioning single market for goods, and we see
the economic benefits of that. We need to extend the same formula to other
areas: mobility, communications, energy, finance and e-commerce, to name but a
few. We have to remove the obstacles that hold back dynamic companies and
people. We have to complete connecting Europe."

[1]               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. 72-87.

[2]               Notably "Collection and Analysis of Data on the
Structure of the Road Haulage Sector in the European Union" (AECOM 2013);
"Development and Implementation of Road Cabotage" (European
Parliament 2013); "Road Haulage Charges and Taxes. Summary analysis and
data tables 1998-2012" (OECD 2013); "Social and Working Conditions of
Road Transport Hauliers" (European Parliament 2013).

[3]               For reasons of data availability, this report
discusses developments in the EU road haulage market only up to 2012. It
therefore refers to the EU-27 throughout.

[4]               I.e. Regulation (EC) No 561/2006 on driving times,
breaks and rest periods of professional drivers; Directive 2006/22/EC on 
minimum requirements for enforcement of these rules; Regulation (EEC) No
3821/85 on recording equipment and Directive 2002/15/EC on the working time
of mobile workers.

[5]               Report of the High Level Group on
the Development of the EU Road Haulage Market, chaired by Prof
Bayliss, June 2012.

[6]               Regulatory Fitness and Performance (REFIT): Results
and Next Steps, COM(2013) 685 final

[7]               "EU-15 refers to the Member States of the EU
before 1 May 2004; the Member States that joined the EU in 2004 and 2007 are
included in "EU-12".

[8]               Collection and Analysis of Data on the Structure of
the Road Haulage Sector in the European Union, AECOM, 2013.

[9]               Panorama
économique et financier du transport routier en France, Banque de France, 2012.

[10]             E.g. ETF (European Transport Federation), DTL (Danish
Transport and Logistics Association) and FNTR (French National Federation for
Road Transport).

[11]             Danmarks Produktivitet – Hvor er
problemerne?, Produktivitets Komissionen, 2013

[12]             Employment and Social Developments
in Europe 2012, European Commission.

[13]             This section uses figures collected by Eurostat,
however measures of load factors of road vehicles may vary according to the
type of load transported. Loading factors are also limited by external factors
such as maximum vehicle masses and dimensions. See also:
Beladingsgraad van gewicht en volume. Het vergelijken van lood met veren,
Transport en Logistiek Nederlands, 2013.

[14]             Cabotage en CO2-reductie, Notitie met een eerste
verkenning naar de potentiële reductie van CO2 door cabotage, Kennisinstituut
voor Mobiliteitsbeleid (2010).

[15]             Italy allowed hauliers to carry out cabotage on its
territory for up to 15 days per month, including not more than five consecutive
days at any time. The UK adopted an interpretation of cabotage as a 'temporary'
activity according to which a haulier must be able to prove that their vehicle
had been leaving its territory at least once a month. In 1998 Greece set a time limit for cabotage of two months per year, which was replaced in 2000 by
a circular removing any time limit to cabotage and based instead on a
definition of cabotage as an activity which is not permanent, frequent, regular
or continuous. In addition to certain other conditions, vehicles were required
to leave the Greek territory at least once a month. France's attempt in 2002 to
restrict cabotage activities to a week at a time was refused by the Commission
as being disproportionate.

[16] Factsheet No 4/1, ASSIST - Assessing the social and economic
impacts of past and future sustainable transport policy in Europe.

[17] Onderzoek naar de gevolgen voor Nederland van het verder vrijgeven van
cabotage, Policy Research Corporation in opdracht van Ministerie van
Infrastructuur en Milieu, 2013.

[18]             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 OJ L 18, 21.1.1997, p. 1-6; Regulation
(EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008
on the law applicable to contractual obligations (Rome I) OJ L 177, 4.7.2008,
p. 6-16.

[19]             In July 2013, 21 of the EU’s 28 Member States (all
except Denmark, Germany, Italy, Cyprus, Austria, Finland and Sweden) had national legislation setting a minimum wage by statute or by national
intersectoral agreement. Collective agreements are in place in those Member
States that do not set a minimum wage, although these collective agreements may
only apply to certain undertakings (such as those that are members of Chambers
of Commerce), and may differ within Member State from region to region.

[20]             According to Regulation (EC) No 561/2006,
distance-based allowances are illegal if they are of a nature which may
endanger road safety.

[21]             Auch zu Hause wird gut verdient - Deutscher Arbeitsmarkt
für bulgarische und rumänische LKW-Fahrer wenig attraktiv, Deutsche
Verkehrszeitung, 28 January 2014.

[22]             Collection and Analysis of Data on the Structure of the
Road Haulage Sector in the European Union, AECOM 2013.

[23]             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, OJ L 18, 21.1.1997, p. 1.

[24]             Regulation (EC) No 593/2008 of the European Parliament
and of the Council of 17 June 2008 on the law applicable to contractual
obligations (Rome I), OJ L 177, 4.7.2008, p. 6.

[25]             Council Directive 2003/96/EC of 27 October 2003
restructuring the Community framework for the taxation of energy products and
electricity, OJ L 283, 31.10. 2003, p. 51.

[26]             Collection and Analysis of Data on the Structure of the
Road Haulage Sector in the European Union, AECOM 2013.

[27]             Directive 1999/62/EC of the European Parliament and of
the Council of 17 June 1999 on the charging of heavy goods vehicles for the use
of certain infrastructures, as modified by Directive 2006/38/EC and by
Directive 2011/76/EU.

[28]             Regulation (EC) No 1071/2009 of the European Parliament
and of the Council of 21 October 2009 establishing common rules concerning the
conditions to be complied with to pursue the occupation of the road transport
operator and repealing Council Directive 96/26/EC, OJ L 300, 14.11.2009, p. 51.

[29]             The inspection activity within posting of workers in
the road transport: a guide for control authorities. Final report of the
TRANSPO project, March 2012 www.tagliacarne.it/download/229.html

[30]             According to Article 12(2) of Regulation (EC) No
1071/2009: "Until 31 December 2014, Member States shall carry out checks
at least every 5 years to verify that undertakings fulfil [the requirements for
engagement in the occupation of road transport operator]".

[31]             The new cabotage regime under Regulation (EC) No
1072/2009, Questions & Answers. European Commission,
2011 http://ec.europa.eu/transport/modes/road/haulage/doc/qa_the_new_cabotage_regime_2011.pdf

[32]             http://ekstrabladet.dk/112/article2107804.ece,
for further information please see: http://www.ft.dk/samling/20121/almdel/TRU/spm/464/svar/1050069/1244171/index.htm?/samling/20121/almdel/TRU/spm/464/svar/1050069/1244171/index.htm

[33]             EU Regulatory Fitness (COM(2012)746)

[34]             Regulation (EC) No 561/2006 of the European Parliament
and of the Council of 15 March 2006 on the harmonisation of certain social
legislation relating to road transport and amending Council Regulations (EEC)
No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No
3820/85, OJ L 102, 11.4.2006, p. 1.

[35]             Directive 2002/15/EC of the European Parliament and of
the Council of 11 March 2002 on the organisation of the working time of persons
performing mobile road transport activities, OJ L 80, 23.3.2002, p. 35.

[36]             Directive 2006/22/EC of the European Parliament and of
the Council of 15 March 2006 on minimum conditions for the implementation of
Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social
legislation relating to road transport activities and repealing Council
Directive 88/599/EEC, OJ L 102, 11.4.2006, p. 35.

[37]             Council Regulation (EEC) No3821/85 of 20 December 1985
on recording equipment in road transport, OJ L 370, 31.12.1985, p. 8

[38]             http://ec.europa.eu/transport/modes/road/social_provisions/driving_time/guidance_notes_en.htm

[39]             http://www.traceproject.eu

[40]             White Paper “Roadmap to a Single European Transport
Area – toward a competitive and resource efficient transport system”, COM(2011)144.
final

[41]             OSH in figures: Occupational
safety and health in the transport sector — An overview, European
Agency for Safety and Health at Work, 2011.

[42]             Overview and Evaluation of
Enforcement in the EU Social Legislation for the Professional Road Transport
Sector, European Parliament 2012.

[43]             Social and Working Conditions of Road Transport
Hauliers, European Parliament, 2013.

[44]             Report on the implementation in 2009-2010 of Regulation
(EC) No 561/2006 on the harmonisation of certain social legislation relating to
road transport and of Directive 2002/15/EC on the organisation of the working
time of persons performing mobile road transport activities, SWD(2012) 270
final.

[45]             Overview and Evaluation of
Enforcement in the EU Social Legislation for the Professional Road Transport
Sector, European Parliament 2012.

[46]             Social Competition in the EU: Myths and Realities,
Notre Europe – Jacques Delors Institute, 2013.

[47]             ZF-Zukunftsstudie Fernfahrer. Der
Mensch im Transport- und Logistikmarkt, Institut für Nachhaltigkeit in Verkehr
und Logistik, Stuttgart 2012.

[48]             COM(2010)614 final.

[49]             Directive 2004/52/EC of the European Parliament and of
the Council of 29 April 2004 on the interoperability of electronic road toll
systems in the Community, OJ L 166, 30.4.2004, p. 124.

[50]             Commission Decision 2009/750/EC of 6 October 2009 on
the definition of the European Electronic Toll Service and its technical
elements, OJ L 268, 13.10.2009, p. 11-29.

[51]             On average, half of all vehicle-km driven by EU15
hauliers are from vehicles which are up to 5 years old. The corresponding share
for EU12 hauliers is closer to a third (32%). The fleet used for international
transport operations is usually much younger than the one used for national
transport operations. There are no big differences in the average age of
vehicles from any Member State used in international transport.

[52]             Commission Regulation (EU) No 1230/2012 of 12 December
2012 implementing Regulation (EC) No 661/2009 of the European Parliament and of
the Council with regard to type-approval requirements for masses and dimensions
of motor vehicles and their trailers and amending Directive 2007/46/EC of the
European Parliament and of the Council, OJ L 353, 21.12.2012, p. 31-79.

[53]             Some Member States did not submit comparable data and
are therefore not shown. These Member States are Bulgaria, Hungary, Estonia, Latvia, Lithuania, Slovakia, Malta and Cyprus. Sweden and the Netherlands did not submit data for 2010.

[54]             Directive 2011/82/EU of the European Parliament and of
the Council of 25 October 2011 facilitating the cross-border exchange of
information on road safety related traffic offences, OJ L 288, 5.11.2011, p.
1-15.

[55]             Proposal for a Regulation of the European Parliament
and of the Council on periodic roadworthiness tests for motor vehicles and
their trailers and repealing Directive 2009/40/EC (COM(2012) 380 final).

[56]             Proposal for a Directive of the European Parliament and
of the Council amending Directive 96/53/EC of 25 July 1996 laying down for
certain road vehicles circulating within the Community the maximum authorised
dimensions in national and international traffic and the maximum authorised
weights in international traffic (COM(2013) 195 final).

[57]             Proposal for a Council Directive amending Directive
2003/96/EC restructuring the Community framework for the taxation of energy
products and electricity (COM(2011) 169/3).

[58]             Directive 95/46/EC of the European Parliament and of
the Council of 24 October 1995 on the protection of individuals with regard to
the processing of personal data and on the free movement of such data, OJ L
281, 23.11.1995, p. 31.