# Official Journal C 153/2020

| | ISSN 1977-091X |
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| Official Journal
  of the European Union | C 153 |
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| English edition | Information and Notices | Volume 637 May 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 153

English edition

Information and Notices

Volume 637 May 2020

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| Contents | page |
| --- | --- |
| | III   Preparatory acts |
| | Council |
| 2020/C 153/01 | Position (EU) No 6/2020 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector Adopted by the Council on 7 April 2020 | 1 |
| 2020/C 153/02 | Statement of the Council’s reasons: Position (EU) No 6/2020 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1042/2012 with a view to adapting them to developments in the road transport sector | 18 |

Contents

page

III   Preparatory acts

Council

2020/C 153/01

Position (EU) No 6/2020 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector Adopted by the Council on 7 April 2020

1

2020/C 153/02

Statement of the Council’s reasons: Position (EU) No 6/2020 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1042/2012 with a view to adapting them to developments in the road transport sector

18

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EN

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III Preparatory acts

Council

| 7.5.2020 | EN | Official Journal of the European Union | C 153/1 |
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7.5.2020

EN

Official Journal of the European Union

C 153/1

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POSITION (EU) No 6/2020 OF THE COUNCIL AT FIRST READING

with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector

Adopted by the Council on 7 April 2020

(2020/C 153/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | Experience with the implementation of Regulations (EC) No 1071/2009 (4) and (EC) No 1072/2009 (5) of the European Parliament and of the Council has revealed that the rules in those regulations offer scope for improvement on a number of points. |
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(1)

Experience with the implementation of Regulations (EC) No 1071/2009 (4) and (EC) No 1072/2009 (5) of the European Parliament and of the Council has revealed that the rules in those regulations offer scope for improvement on a number of points.

| (2) | So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings that are engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3,5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. In order to avoid possible loopholes and to ensure a minimum level of professionalisation of the sector using motor vehicles intended exclusively for the carriage of goods and with a permissible laden mass not exceeding 3,5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, that Regulation should be amended. The requirements for access to the profession should become mandatory for operators using motor vehicles or combinations of vehicles intended exclusively for the carriage of goods and with a permissible laden mass exceeding 2,5 tonnes but not exceeding 3,5 tonnes involved in international transport. |
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(2)

So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings that are engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3,5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. In order to avoid possible loopholes and to ensure a minimum level of professionalisation of the sector using motor vehicles intended exclusively for the carriage of goods and with a permissible laden mass not exceeding 3,5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, that Regulation should be amended. The requirements for access to the profession should become mandatory for operators using motor vehicles or combinations of vehicles intended exclusively for the carriage of goods and with a permissible laden mass exceeding 2,5 tonnes but not exceeding 3,5 tonnes involved in international transport.

| (3) | Under Regulation (EC) No 1072/2009, certain international haulage activities are exempted from the need for a Community licence in order to enter the European road haulage market. Within the framework of the organisation of that market, road haulage undertakings carrying goods in motor vehicles or combinations of vehicles which have a permissible laden mass not exceeding 2,5 tonnes should be exempted from the need for a Community licence or other carriage authorisation. |
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(3)

Under Regulation (EC) No 1072/2009, certain international haulage activities are exempted from the need for a Community licence in order to enter the European road haulage market. Within the framework of the organisation of that market, road haulage undertakings carrying goods in motor vehicles or combinations of vehicles which have a permissible laden mass not exceeding 2,5 tonnes should be exempted from the need for a Community licence or other carriage authorisation.

| (4) | Although vehicles having a permissible laden mass below a certain threshold are excluded from the scope of Regulation (EC) No 1071/2009, that Regulation gives Member States the possibility to apply part or all of the provisions thereof to such vehicles. |
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(4)

Although vehicles having a permissible laden mass below a certain threshold are excluded from the scope of Regulation (EC) No 1071/2009, that Regulation gives Member States the possibility to apply part or all of the provisions thereof to such vehicles.

| (5) | Currently, Member States are entitled to make access to the occupation of road transport operator subject to requirements that are additional to those specified in Regulation (EC) No 1071/2009. This possibility has not proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolished. |
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(5)

Currently, Member States are entitled to make access to the occupation of road transport operator subject to requirements that are additional to those specified in Regulation (EC) No 1071/2009. This possibility has not proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolished.

| (6) | In order to combat the phenomenon of so-called ‘letterbox companies’ and to guarantee fair competition and a level playing field in the internal market, it is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their transport business from there. Therefore, and in light of experience, it is necessary to clarify and strengthen the provisions regarding the existence of an effective and stable establishment while avoiding the imposition of a disproportionate administrative burden. |
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(6)

In order to combat the phenomenon of so-called ‘letterbox companies’ and to guarantee fair competition and a level playing field in the internal market, it is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their transport business from there. Therefore, and in light of experience, it is necessary to clarify and strengthen the provisions regarding the existence of an effective and stable establishment while avoiding the imposition of a disproportionate administrative burden.

| (7) | The real and continuous presence in the Member State of establishment should in particular require that the undertaking carries out transport operations with the appropriate technical equipment situated in that Member State. |
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(7)

The real and continuous presence in the Member State of establishment should in particular require that the undertaking carries out transport operations with the appropriate technical equipment situated in that Member State.

| (8) | Regulation (EC) No 1071/2009 requires undertakings to conduct effectively and continuously their operations with the appropriate technical equipment and facilities at an operating centre situated in the Member State of establishment, and it allows for additional requirements at national level, the most common of which being a requirement to have parking spaces available in the Member State of establishment. However, those, unevenly applied, requirements have not been sufficient to ensure a genuine link with that Member State in order to efficiently fight letter-box companies and to reduce the risk of systematic cabotage and nomadic drivers organised from an undertaking to which the vehicles do not return. Considering that, in order to ensure the proper functioning of the internal market in the area of transport, specific rules on the right of establishment and the provision of services may be necessary, it is appropriate to further harmonise the establishment requirements and to strengthen the requirements linked to the presence of the vehicles used by the transport operator in the Member State of establishment. Defining a clear minimum interval within which the vehicle has to return also contributes to ensuring that those vehicles can be correctly maintained with the technical equipment situated in the Member State of establishment and facilitates controls.
  The cycle for such returns should be synchronised with the obligation on the transport undertaking in Regulation (EC) No 561/2006 of the European Parliament and of the Council (6) to organise its operations in a manner that enables the driver to return home at least every four weeks, so that both obligations can be fulfilled through the return of the driver together with the vehicle at least every second four week cycle. This synchronisation strengthens the right of the driver to return and reduces the risk that the vehicle has to return only to fulfil this new establishment requirement. However, the requirement to return to the Member State of establishment should not require a specific number of operations to be conducted in the Member State of establishment or otherwise limit the operators possibility to provide services throughout the internal market. |
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(8)

Regulation (EC) No 1071/2009 requires undertakings to conduct effectively and continuously their operations with the appropriate technical equipment and facilities at an operating centre situated in the Member State of establishment, and it allows for additional requirements at national level, the most common of which being a requirement to have parking spaces available in the Member State of establishment. However, those, unevenly applied, requirements have not been sufficient to ensure a genuine link with that Member State in order to efficiently fight letter-box companies and to reduce the risk of systematic cabotage and nomadic drivers organised from an undertaking to which the vehicles do not return. Considering that, in order to ensure the proper functioning of the internal market in the area of transport, specific rules on the right of establishment and the provision of services may be necessary, it is appropriate to further harmonise the establishment requirements and to strengthen the requirements linked to the presence of the vehicles used by the transport operator in the Member State of establishment. Defining a clear minimum interval within which the vehicle has to return also contributes to ensuring that those vehicles can be correctly maintained with the technical equipment situated in the Member State of establishment and facilitates controls.

The cycle for such returns should be synchronised with the obligation on the transport undertaking in Regulation (EC) No 561/2006 of the European Parliament and of the Council (6) to organise its operations in a manner that enables the driver to return home at least every four weeks, so that both obligations can be fulfilled through the return of the driver together with the vehicle at least every second four week cycle. This synchronisation strengthens the right of the driver to return and reduces the risk that the vehicle has to return only to fulfil this new establishment requirement. However, the requirement to return to the Member State of establishment should not require a specific number of operations to be conducted in the Member State of establishment or otherwise limit the operators possibility to provide services throughout the internal market.

| (9) | To the extent that access to the occupation of road transport operator depends on the good repute of the undertaking concerned, clarifications are needed as regards the persons whose conduct must be taken into account, the administrative procedures which must be followed and waiting periods in respect of rehabilitation once a transport manager has lost good repute. |
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(9)

To the extent that access to the occupation of road transport operator depends on the good repute of the undertaking concerned, clarifications are needed as regards the persons whose conduct must be taken into account, the administrative procedures which must be followed and waiting periods in respect of rehabilitation once a transport manager has lost good repute.

| (10) | In view of their potential to considerably affect the conditions for fair competition in the road transport market, serious infringements of national tax rules should be added to the items relevant to the assessment of good repute. |
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(10)

In view of their potential to considerably affect the conditions for fair competition in the road transport market, serious infringements of national tax rules should be added to the items relevant to the assessment of good repute.

| (11) | In view of their potential to considerably affect the road transport market and the social protection of workers, serious infringements of Union rules on the posting of workers in road transport, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute. |
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(11)

In view of their potential to considerably affect the road transport market and the social protection of workers, serious infringements of Union rules on the posting of workers in road transport, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.

| (12) | Given the importance of fair competition in the internal market, infringements of Union rules relevant to this issue, including rules on access to the market such as cabotage rules, should be taken into account in the assessment of the good repute of transport managers and transport undertakings. The terms of the empowerment pursuant to which the Commission is to define the degree of seriousness of relevant infringements should be clarified accordingly. |
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(12)

Given the importance of fair competition in the internal market, infringements of Union rules relevant to this issue, including rules on access to the market such as cabotage rules, should be taken into account in the assessment of the good repute of transport managers and transport undertakings. The terms of the empowerment pursuant to which the Commission is to define the degree of seriousness of relevant infringements should be clarified accordingly.

| (13) | National competent authorities have had difficulties identifying the documents which undertakings may submit in order to prove their financial standing, in particular in the absence of certified annual accounts. The rules regarding the evidence required to prove financial standing should be clarified. |
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(13)

National competent authorities have had difficulties identifying the documents which undertakings may submit in order to prove their financial standing, in particular in the absence of certified annual accounts. The rules regarding the evidence required to prove financial standing should be clarified.

| (14) | Undertakings engaged in the occupation of road haulage operator by means of motor vehicles or combinations of vehicles intended exclusively for the carriage of goods, involved in international transport and which have a permissible laden mass exceeding 2,5 tonnes but not exceeding 3,5 tonnes should have a minimum financial standing to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations conducted with these vehicles are generally of a limited size, the corresponding requirements for financial standing should be less demanding than those that apply to operators using vehicles above that limit. Combinations of vehicles should be taken into account when determining the required financial standing. The competent authority should apply the higher level of financial requirement if the permissible laden mass of the combination of vehicles exceeds 3,5 tonnes. |
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(14)

Undertakings engaged in the occupation of road haulage operator by means of motor vehicles or combinations of vehicles intended exclusively for the carriage of goods, involved in international transport and which have a permissible laden mass exceeding 2,5 tonnes but not exceeding 3,5 tonnes should have a minimum financial standing to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations conducted with these vehicles are generally of a limited size, the corresponding requirements for financial standing should be less demanding than those that apply to operators using vehicles above that limit. Combinations of vehicles should be taken into account when determining the required financial standing. The competent authority should apply the higher level of financial requirement if the permissible laden mass of the combination of vehicles exceeds 3,5 tonnes.

| (15) | In order to maintain and create high standards for undertakings without creating negative impacts on the internal market in road transport, Member States should be allowed to apply the financial requirements referring to the use of heavy vehicles also to the undertakings established on their territories in respect of vehicles with a permissible laden mass not exceeding 3,5 tonnes. |
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(15)

In order to maintain and create high standards for undertakings without creating negative impacts on the internal market in road transport, Member States should be allowed to apply the financial requirements referring to the use of heavy vehicles also to the undertakings established on their territories in respect of vehicles with a permissible laden mass not exceeding 3,5 tonnes.

| (16) | In order to ensure a reliable road transport sector and to improve the collection of debts owed to bodies governed by public law, Member States should have the possibility to require compliance with payment obligations towards public entities, such as value added tax debts and social security contributions, and to require that undertakings are not subject to proceedings that have been introduced to protect their assets. |
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(16)

In order to ensure a reliable road transport sector and to improve the collection of debts owed to bodies governed by public law, Member States should have the possibility to require compliance with payment obligations towards public entities, such as value added tax debts and social security contributions, and to require that undertakings are not subject to proceedings that have been introduced to protect their assets.

| (17) | The information about transport operators contained in the national electronic registers should be as complete and up-to-date as possible in order to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators and the risk rating of the operators should allow a better national and cross-border enforcement of the provisions of Regulations (EC) No 1071/2009 and (EC) No 1072/2009. The rules on the national electronic register should therefore be amended accordingly. |
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(17)

The information about transport operators contained in the national electronic registers should be as complete and up-to-date as possible in order to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators and the risk rating of the operators should allow a better national and cross-border enforcement of the provisions of Regulations (EC) No 1071/2009 and (EC) No 1072/2009. The rules on the national electronic register should therefore be amended accordingly.

| (18) | In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt, inter alia, the technical procedures for electronic consultation of the national electronic registers of the other Member States. That might entail procedures necessary to ensure that it is possible for the competent authorities to access the harmonized risk rating of an undertaking under Article 9 of Directive 2006/22/EC of the European Parliament and of the Council (7) during roadside checks. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (8). |
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(18)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt, inter alia, the technical procedures for electronic consultation of the national electronic registers of the other Member States. That might entail procedures necessary to ensure that it is possible for the competent authorities to access the harmonized risk rating of an undertaking under Article 9 of Directive 2006/22/EC of the European Parliament and of the Council (7) during roadside checks. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (8).

| (19) | The definition of the most serious infringement concerning exceeding the daily driving time, as provided for in Annex IV of Regulation (EC) No 1071/2009, does not fit the existing relevant provision laid down in Regulation (EC) No 561/2006. That inconsistency leads to uncertainty and diverging practices among national authorities resulting in difficulties in the enforcement of the rules in question. That definition should therefore be clarified to ensure consistency between the two Regulations. |
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(19)

The definition of the most serious infringement concerning exceeding the daily driving time, as provided for in Annex IV of Regulation (EC) No 1071/2009, does not fit the existing relevant provision laid down in Regulation (EC) No 561/2006. That inconsistency leads to uncertainty and diverging practices among national authorities resulting in difficulties in the enforcement of the rules in question. That definition should therefore be clarified to ensure consistency between the two Regulations.

| (20) | The rules on national transport performed on a temporary basis by non-resident hauliers in a host Member State (‘cabotage’) should be clear, simple and easy to enforce, while maintaining the level of liberalisation achieved so far. |
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(20)

The rules on national transport performed on a temporary basis by non-resident hauliers in a host Member State (‘cabotage’) should be clear, simple and easy to enforce, while maintaining the level of liberalisation achieved so far.

| (21) | Cabotage operations should help to increase the load factor of heavy duty vehicles and reduce empty runs, and should be allowed as long as they are not carried out in a way that creates a permanent or continuous activity within the Member State concerned. To ensure that cabotage operations are not carried out in a way that creates a permanent or continuous activity, hauliers should not be allowed to carry out cabotage operations in the same Member State within a certain time after the end of a period of cabotage operations. |
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(21)

Cabotage operations should help to increase the load factor of heavy duty vehicles and reduce empty runs, and should be allowed as long as they are not carried out in a way that creates a permanent or continuous activity within the Member State concerned. To ensure that cabotage operations are not carried out in a way that creates a permanent or continuous activity, hauliers should not be allowed to carry out cabotage operations in the same Member State within a certain time after the end of a period of cabotage operations.

| (22) | While the further liberalisation established by Article 4 of Council Directive 92/106/EEC (9), compared to cabotage under Regulation (EC) No 1072/2009, has been beneficial in promoting combined transport and should, in principle, be retained, it is necessary to ensure that it is not misused. Experience shows that, in certain parts of the Union, that provision has been used in a systematic manner to circumvent the temporary nature of cabotage and as the basis for the continuous presence of vehicles in a Member State other than that of the establishment of the undertaking. Such unfair practices risk leading to social dumping and jeopardise respect of the legal framework relating to cabotage. It should therefore be possible for Member States to derogate from Article 4 of Directive 92/106/EEC and to apply the provisions relating to cabotage in Regulation (EC) No 1072/2009 in order to address such problems by introducing a proportionate limit to the continuous presence of vehicles within their territory. |
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(22)

While the further liberalisation established by Article 4 of Council Directive 92/106/EEC (9), compared to cabotage under Regulation (EC) No 1072/2009, has been beneficial in promoting combined transport and should, in principle, be retained, it is necessary to ensure that it is not misused. Experience shows that, in certain parts of the Union, that provision has been used in a systematic manner to circumvent the temporary nature of cabotage and as the basis for the continuous presence of vehicles in a Member State other than that of the establishment of the undertaking. Such unfair practices risk leading to social dumping and jeopardise respect of the legal framework relating to cabotage. It should therefore be possible for Member States to derogate from Article 4 of Directive 92/106/EEC and to apply the provisions relating to cabotage in Regulation (EC) No 1072/2009 in order to address such problems by introducing a proportionate limit to the continuous presence of vehicles within their territory.

| (23) | Effective and efficient enforcement of the rules is a prerequisite for fair competition in the internal market. Further digitalisation of enforcement tools is essential in order to free up enforcement capacity, to reduce unnecessary administrative burdens on international transport operators and, in particular, small and medium-sized enterprises, to better target high-risk transport operators and to detect fraudulent practices. The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. Roadside controls should be based on transport documents and, if available, on tachograph records. In order to simplify the provision of relevant evidence and its treatment by the competent authorities, the use and transmission of electronic transport information should be recognised as means of proving compliance. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and to establish provisions addressing the simplification of administrative procedures. |
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(23)

Effective and efficient enforcement of the rules is a prerequisite for fair competition in the internal market. Further digitalisation of enforcement tools is essential in order to free up enforcement capacity, to reduce unnecessary administrative burdens on international transport operators and, in particular, small and medium-sized enterprises, to better target high-risk transport operators and to detect fraudulent practices. The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. Roadside controls should be based on transport documents and, if available, on tachograph records. In order to simplify the provision of relevant evidence and its treatment by the competent authorities, the use and transmission of electronic transport information should be recognised as means of proving compliance. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and to establish provisions addressing the simplification of administrative procedures.

| (24) | Transport undertakings are the addressees of the rules on international carriage and are, as such, subject to the consequences of any infringements committed by them. However, in order to prevent abuses by undertakings contracting transport services from road haulage operators, Member States should also provide for clear and predictable rules on sanctions against consignors, freight forwarders, contractors and sub-contractors in cases where they knew, or, in light of all relevant circumstances ought to have known, that the transport services that they commission involve infringements of Regulation (EC) No 1072/2009. |
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(24)

Transport undertakings are the addressees of the rules on international carriage and are, as such, subject to the consequences of any infringements committed by them. However, in order to prevent abuses by undertakings contracting transport services from road haulage operators, Member States should also provide for clear and predictable rules on sanctions against consignors, freight forwarders, contractors and sub-contractors in cases where they knew, or, in light of all relevant circumstances ought to have known, that the transport services that they commission involve infringements of Regulation (EC) No 1072/2009.

| (25) | The European Labour Authority, whose scope of activities, as set out in Article 1(4) of Regulation (EU) 2019/1149 of the European Parliament and of the Council (10), covers Regulation (EC) No 1071/2009, will play an important role in assisting Member States to adequately enforce the rules of this Regulation. This role will in particular concern concerted checks, the facilitation of cooperation and exchanges of information between Member States, the promotion and sharing of best practices, supporting capacity building, training and awareness raising campaigns. |
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(25)

The European Labour Authority, whose scope of activities, as set out in Article 1(4) of Regulation (EU) 2019/1149 of the European Parliament and of the Council (10), covers Regulation (EC) No 1071/2009, will play an important role in assisting Member States to adequately enforce the rules of this Regulation. This role will in particular concern concerted checks, the facilitation of cooperation and exchanges of information between Member States, the promotion and sharing of best practices, supporting capacity building, training and awareness raising campaigns.

| (26) | In order to take into account market developments and technical progress the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend Annexes I, II and III to Regulation (EC) No 1071/2009 and to amend Annexes I, II and III to Regulation (EC) No 1072/2009. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in line with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (11). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to the Commission’s expert groups meetings dealing with the preparation of delegated acts. |
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(26)

In order to take into account market developments and technical progress the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend Annexes I, II and III to Regulation (EC) No 1071/2009 and to amend Annexes I, II and III to Regulation (EC) No 1072/2009. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in line with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (11). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to the Commission’s expert groups meetings dealing with the preparation of delegated acts.

| (27) | Since the objectives of this Regulation, namely to introduce a degree of harmonisation in certain areas so far not harmonised by Union law, in particular in respect of transport with light commercial vehicles and enforcement practices, and to approximate conditions of competition and to improve enforcement, cannot be sufficiently achieved by the Member States but can rather, by reason of the nature of the objectives pursued in combination with the cross-border nature of road transport, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. 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 the objectives pursued. |
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(27)

Since the objectives of this Regulation, namely to introduce a degree of harmonisation in certain areas so far not harmonised by Union law, in particular in respect of transport with light commercial vehicles and enforcement practices, and to approximate conditions of competition and to improve enforcement, cannot be sufficiently achieved by the Member States but can rather, by reason of the nature of the objectives pursued in combination with the cross-border nature of road transport, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. 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 the objectives pursued.

| (28) | Regulations (EC) No 1071/2009, (EC) No 1072/2009 and Regulation (EU) No 1024/2012 of the European Parliament and of the Council (12) should therefore be amended accordingly, |
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(28)

Regulations (EC) No 1071/2009, (EC) No 1072/2009 and Regulation (EU) No 1024/2012 of the European Parliament and of the Council (12) should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 1071/2009

Regulation (EC) No 1071/2009 is amended as follows:

| (1) | in Article 1, paragraph 4 is amended as follows:






  (a) | point (a) is replaced by the following:






  ‘(a) | undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3,5 tonnes engaged exclusively in national transport operations in their Member State of establishment;’; |
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(1)

in Article 1, paragraph 4 is amended as follows:

(a)

point (a) is replaced by the following:

‘(a)

undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3,5 tonnes engaged exclusively in national transport operations in their Member State of establishment;’;

| (b) | the following point is inserted:






  ‘(aa) | undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles, the permissible laden mass of which does not exceed 2,5 tonnes;’; |
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(b)

the following point is inserted:

‘(aa)

undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles, the permissible laden mass of which does not exceed 2,5 tonnes;’;

| (c) | point (b) is replaced by the following:






  ‘(b) | undertakings engaged in road passenger transport services exclusively for non-commercial purposes or which have a main occupation other than that of road passenger transport operator;’; |
| --- | --- | --- |

(c)

point (b) is replaced by the following:

‘(b)

undertakings engaged in road passenger transport services exclusively for non-commercial purposes or which have a main occupation other than that of road passenger transport operator;’;

| (d) | the following subparagraph is added:
  ‘For the purposes of point (b) of the first subparagraph, any carriage by road, other than carriage for hire or reward or on own account, for which no direct or indirect remuneration is received and which does not directly or indirectly generate any income for the driver of the vehicle or for others, and which is not linked to professional activity, is to be considered as carriage exclusively for non-commercial purposes.’; |
| --- | --- |

(d)

the following subparagraph is added:

‘For the purposes of point (b) of the first subparagraph, any carriage by road, other than carriage for hire or reward or on own account, for which no direct or indirect remuneration is received and which does not directly or indirectly generate any income for the driver of the vehicle or for others, and which is not linked to professional activity, is to be considered as carriage exclusively for non-commercial purposes.’;

| (2) | in Article 3, paragraph 2 is deleted; |
| --- | --- |

(2)

in Article 3, paragraph 2 is deleted;

| (3) | Article 5 is replaced by the following:

  ‘Article 5
  Conditions relating to the requirement of establishment

  1.   In order to satisfy the requirement laid down in point (a) of Article 3(1), in the Member State of establishment an undertaking shall:






  (a) | have premises at which it is able to access the originals of its core business documents, whether in electronic or any other form, in particular its transport contracts, documents relating to the vehicles at the disposal of the undertaking, accounting documents, personnel management documents, labour contracts, social security documents, documents containing data on the dispatching and posting of drivers, documents containing data relating to cabotage, driving time and rest periods, and any other document to which the competent authority must have access in order to verify the undertaking’s compliance with the conditions laid down in this Regulation; |
| --- | --- | --- |

(3)

Article 5 is replaced by the following:

‘Article 5

Conditions relating to the requirement of establishment

1.   In order to satisfy the requirement laid down in point (a) of Article 3(1), in the Member State of establishment an undertaking shall:

(a)

have premises at which it is able to access the originals of its core business documents, whether in electronic or any other form, in particular its transport contracts, documents relating to the vehicles at the disposal of the undertaking, accounting documents, personnel management documents, labour contracts, social security documents, documents containing data on the dispatching and posting of drivers, documents containing data relating to cabotage, driving time and rest periods, and any other document to which the competent authority must have access in order to verify the undertaking’s compliance with the conditions laid down in this Regulation;

| (b) | organise its vehicle fleet’s activity in such a way as to ensure that vehicles that are at the disposal of the undertaking and are used in international carriage return to one of the operational centres in that Member State at least within eight weeks after leaving it; |
| --- | --- |

(b)

organise its vehicle fleet’s activity in such a way as to ensure that vehicles that are at the disposal of the undertaking and are used in international carriage return to one of the operational centres in that Member State at least within eight weeks after leaving it;

| (c) | be registered on the register of commercial companies of that Member State or on a similar register whenever required under national law; |
| --- | --- |

(c)

be registered on the register of commercial companies of that Member State or on a similar register whenever required under national law;

| (d) | be subject to tax on revenues and, whenever required under national law, have a valid value added tax registration number; |
| --- | --- |

(d)

be subject to tax on revenues and, whenever required under national law, have a valid value added tax registration number;

| (e) | once an authorisation has been granted, have at its disposal one or more vehicles which are registered or put into circulation and authorised to be used in conformity with the legislation of that Member State, regardless of whether those vehicles are wholly owned or, for example, held under a hire-purchase agreement or under a hire or leasing contract; |
| --- | --- |

(e)

once an authorisation has been granted, have at its disposal one or more vehicles which are registered or put into circulation and authorised to be used in conformity with the legislation of that Member State, regardless of whether those vehicles are wholly owned or, for example, held under a hire-purchase agreement or under a hire or leasing contract;

| (f) | effectively and continuously conduct its administrative and commercial activities with the appropriate equipment and facilities at premises as referred to in point (a) situated in that Member State and manage its transport operations effectively and continuously using the vehicles referred to in point (g) with the appropriate technical equipment situated in that Member State; |
| --- | --- |

(f)

effectively and continuously conduct its administrative and commercial activities with the appropriate equipment and facilities at premises as referred to in point (a) situated in that Member State and manage its transport operations effectively and continuously using the vehicles referred to in point (g) with the appropriate technical equipment situated in that Member State;

| (g) | on an ongoing basis, have at its regular disposal a number of vehicles that comply with the conditions laid down in point (e) and drivers who are normally based at an operational centre in that Member State, in both cases proportionate to the volume of transport operations carried out by the undertaking. |
| --- | --- |

(g)

on an ongoing basis, have at its regular disposal a number of vehicles that comply with the conditions laid down in point (e) and drivers who are normally based at an operational centre in that Member State, in both cases proportionate to the volume of transport operations carried out by the undertaking.

2.   In addition to the requirements laid down in paragraph 1, Member States may require an undertaking to have, in the Member State of establishment:

| (a) | proportionate to the size of the activity of the undertaking, duly qualified administrative personnel at the premises or the transport manager reachable during customary business hours; |
| --- | --- |

(a)

proportionate to the size of the activity of the undertaking, duly qualified administrative personnel at the premises or the transport manager reachable during customary business hours;

| (b) | proportionate to the size of the activity of the undertaking, operational infrastructure other than the technical equipment referred to in point (f) of paragraph 1 in the territory of that Member State, including an office which is open during customary business hours.’; |
| --- | --- |

(b)

proportionate to the size of the activity of the undertaking, operational infrastructure other than the technical equipment referred to in point (f) of paragraph 1 in the territory of that Member State, including an office which is open during customary business hours.’;

| (4) | Article 6 is amended as follows:






  (a) | paragraph 1 is amended as follows:






  (i) | the second subparagraph is replaced by the following:
  ‘In determining whether an undertaking has satisfied that requirement, Member States shall consider the conduct of that undertaking, its transport managers, executive directors and any other relevant person as may be determined by the Member State. Any reference in this Article to convictions, penalties or infringements shall include convictions, penalties incurred by or infringements of the undertaking itself, its transport managers, executive directors and any other relevant person as may be determined by the Member State.’; |
| --- | --- | --- | --- |

(4)

Article 6 is amended as follows:

(a)

paragraph 1 is amended as follows:

(i)

the second subparagraph is replaced by the following:

‘In determining whether an undertaking has satisfied that requirement, Member States shall consider the conduct of that undertaking, its transport managers, executive directors and any other relevant person as may be determined by the Member State. Any reference in this Article to convictions, penalties or infringements shall include convictions, penalties incurred by or infringements of the undertaking itself, its transport managers, executive directors and any other relevant person as may be determined by the Member State.’;

| (ii) | in point (vi) of point (a) of the third subparagraph, the word ‘and’ is deleted; |
| --- | --- |

(ii)

in point (vi) of point (a) of the third subparagraph, the word ‘and’ is deleted;

| (iii) | in point (a) of the third subparagraph the following point is added:






  ‘(vii) | tax law; and’; |
| --- | --- | --- |

(iii)

in point (a) of the third subparagraph the following point is added:

‘(vii)

tax law; and’;

| (iv) | in point (b) of the third subparagraph the following points are added:






  ‘(xi) | the posting of workers in road transport; |
| --- | --- | --- |

(iv)

in point (b) of the third subparagraph the following points are added:

‘(xi)

the posting of workers in road transport;

| (xii) | the law applicable to contractual obligations; |
| --- | --- |

(xii)

the law applicable to contractual obligations;

| (xiii) | cabotage.’; |
| --- | --- |

(xiii)

cabotage.’;

| (b) | paragraph 2 is replaced by the following:

  ‘2.   For the purposes of point (b) of the third subparagraph of paragraph 1, where the transport manager or the transport undertaking has been convicted of a serious criminal offence or has incurred a penalty for one of the most serious infringements of Union rules as set out in Annex IV, in one or more Member States, the competent authority of the Member State of establishment shall carry out and complete in an appropriate and timely manner an administrative procedure, which shall include, if appropriate, an on-site inspection at the premises of the undertaking concerned.
  During the administrative procedure, the transport manager or other legal representatives of the transport undertaking, as the case may be, shall be given the right to present their arguments and explanations.
  During the administrative procedure, the competent authority shall assess whether, due to specific circumstances, the loss of good repute would constitute a disproportionate response in the individual case. In that assessment, the competent authority shall take into account the number of serious infringements of national and Union rules as referred to in the third subparagraph of paragraph 1, as well as the number of most serious infringements of Union rules as set out in Annex IV for which the transport manager or the transport undertaking has been convicted or has had penalties imposed. Any such finding shall be duly reasoned and justified.
  Where the competent authority finds that the loss of good repute would be disproportionate, it shall decide that the undertaking concerned continues to be of good repute. The reasons for this decision shall be recorded in the national register. The number of such decisions shall be indicated in the report referred to in Article 26(1).
  Where the competent authority does not find that the loss of good repute would be disproportionate, the conviction or penalty shall lead to the loss of good repute;’; |
| --- | --- |

(b)

paragraph 2 is replaced by the following:

‘2.   For the purposes of point (b) of the third subparagraph of paragraph 1, where the transport manager or the transport undertaking has been convicted of a serious criminal offence or has incurred a penalty for one of the most serious infringements of Union rules as set out in Annex IV, in one or more Member States, the competent authority of the Member State of establishment shall carry out and complete in an appropriate and timely manner an administrative procedure, which shall include, if appropriate, an on-site inspection at the premises of the undertaking concerned.

During the administrative procedure, the transport manager or other legal representatives of the transport undertaking, as the case may be, shall be given the right to present their arguments and explanations.

During the administrative procedure, the competent authority shall assess whether, due to specific circumstances, the loss of good repute would constitute a disproportionate response in the individual case. In that assessment, the competent authority shall take into account the number of serious infringements of national and Union rules as referred to in the third subparagraph of paragraph 1, as well as the number of most serious infringements of Union rules as set out in Annex IV for which the transport manager or the transport undertaking has been convicted or has had penalties imposed. Any such finding shall be duly reasoned and justified.

Where the competent authority finds that the loss of good repute would be disproportionate, it shall decide that the undertaking concerned continues to be of good repute. The reasons for this decision shall be recorded in the national register. The number of such decisions shall be indicated in the report referred to in Article 26(1).

Where the competent authority does not find that the loss of good repute would be disproportionate, the conviction or penalty shall lead to the loss of good repute;’;

| (c) | the following paragraph is inserted:

  ‘2a.   The Commission shall adopt implementing acts laying down a list of categories, types and degrees of seriousness of serious infringements of Union rules referred to in point (b) of the third subparagraph of paragraph 1 which, in addition to those set out in Annex IV, may lead to the loss of good repute. Member States shall take into account information on those infringements, including information received from other Member States, when setting the priorities for checks pursuant to Article 12(1).
  To that end, the Commission shall:






  (a) | lay down the categories and types of infringement which are most frequently encountered; |
| --- | --- | --- |

(c)

the following paragraph is inserted:

‘2a.   The Commission shall adopt implementing acts laying down a list of categories, types and degrees of seriousness of serious infringements of Union rules referred to in point (b) of the third subparagraph of paragraph 1 which, in addition to those set out in Annex IV, may lead to the loss of good repute. Member States shall take into account information on those infringements, including information received from other Member States, when setting the priorities for checks pursuant to Article 12(1).

To that end, the Commission shall:

(a)

lay down the categories and types of infringement which are most frequently encountered;

| (b) | define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workers; |
| --- | --- |

(b)

define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workers;

| (c) | provide the frequency of occurrence beyond which repeated infringements shall be regarded as more serious, taking into account the number of vehicles used for the transport activities managed by the transport manager.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(3).’; |
| --- | --- |

(c)

provide the frequency of occurrence beyond which repeated infringements shall be regarded as more serious, taking into account the number of vehicles used for the transport activities managed by the transport manager.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(3).’;

| (5) | Article 7 is amended as follows:






  (a) | in paragraph 1, the first subparagraph is replaced by the following:

  ‘1.   In order to satisfy the requirement laid down in point (c) of Article 3(1), an undertaking shall at all times be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that for each year it has at its disposal capital and reserves totalling at least:






  (a) | EUR 9 000, for the first motor vehicle used; |
| --- | --- | --- | --- |

(5)

Article 7 is amended as follows:

(a)

in paragraph 1, the first subparagraph is replaced by the following:

‘1.   In order to satisfy the requirement laid down in point (c) of Article 3(1), an undertaking shall at all times be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that for each year it has at its disposal capital and reserves totalling at least:

(a)

EUR 9 000, for the first motor vehicle used;

| (b) | EUR 5 000 for each additional motor vehicle or combination of vehicles used that has a permissible laden mass exceeding 3,5 tonnes; and |
| --- | --- |

(b)

EUR 5 000 for each additional motor vehicle or combination of vehicles used that has a permissible laden mass exceeding 3,5 tonnes; and

| (c) | EUR 900 for each additional motor vehicle or combination of vehicles used that has a permissible laden mass exceeding 2,5 tonnes but not exceeding 3,5 tonnes. |
| --- | --- |

(c)

EUR 900 for each additional motor vehicle or combination of vehicles used that has a permissible laden mass exceeding 2,5 tonnes but not exceeding 3,5 tonnes.

Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles that have a permissible laden mass exceeding 2,5 tonnes but not exceeding 3,5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that for each year they have at their disposal capital and reserves totalling at least:

| (a) | EUR 1 800 for the first vehicle used; and |
| --- | --- |

(a)

EUR 1 800 for the first vehicle used; and

| (b) | EUR 900 for each additional vehicle used. |
| --- | --- |

(b)

EUR 900 for each additional vehicle used.

Member States may require that undertakings established in their territories demonstrate that they have at their disposal for these vehicles the same amounts of capital and reserves as for the vehicles referred to in the first subparagraph. In such cases, the competent authority of the Member State concerned shall inform the Commission accordingly, and the Commission shall make that information publicly available.’;

| (b) | the following paragraph is inserted:

  ‘1a.   In addition to the requirements set out in paragraph 1, Member States may require that the undertaking, the transport manager or any other relevant person as may be determined by Member States not have outstanding non-personal debts owed to bodies governed by public law, and not be bankrupt or subject to insolvency or winding-up proceedings.’; |
| --- | --- |

(b)

the following paragraph is inserted:

‘1a.   In addition to the requirements set out in paragraph 1, Member States may require that the undertaking, the transport manager or any other relevant person as may be determined by Member States not have outstanding non-personal debts owed to bodies governed by public law, and not be bankrupt or subject to insolvency or winding-up proceedings.’;

| (c) | paragraph 2 is replaced by the following:

  ‘2.   By way of derogation from paragraph 1, the competent authority may agree or require that an undertaking demonstrate its financial standing by means of a certificate determined by the competent authority, such as a bank guarantee or an insurance, including a professional liability insurance from one or more banks or other financial institutions including insurance companies or by another binding document providing a joint and several guarantee for the undertaking in respect of the amounts specified in paragraph 1.’; |
| --- | --- |

(c)

paragraph 2 is replaced by the following:

‘2.   By way of derogation from paragraph 1, the competent authority may agree or require that an undertaking demonstrate its financial standing by means of a certificate determined by the competent authority, such as a bank guarantee or an insurance, including a professional liability insurance from one or more banks or other financial institutions including insurance companies or by another binding document providing a joint and several guarantee for the undertaking in respect of the amounts specified in paragraph 1.’;

| (d) | the following paragraph is inserted:

  ‘2a.   By way of derogation from paragraph 1, in the absence of certified annual accounts for the year of an undertaking’s registration, the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee, a document issued by a financial institution establishing access to credit in the name of the undertaking, or by another binding document as determined by the competent authority proving that the undertaking has at its disposal the amounts specified in paragraph 1.’; |
| --- | --- |

(d)

the following paragraph is inserted:

‘2a.   By way of derogation from paragraph 1, in the absence of certified annual accounts for the year of an undertaking’s registration, the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee, a document issued by a financial institution establishing access to credit in the name of the undertaking, or by another binding document as determined by the competent authority proving that the undertaking has at its disposal the amounts specified in paragraph 1.’;

| (6) | Article 8 is amended as follows:






  (a) | paragraph 5 is replaced by the following:

  ‘5.   Member States may promote periodic training on the subjects listed in Annex I at three year intervals to ensure that the person or persons referred to in paragraph 1 are sufficiently aware of developments in the sector.’; |
| --- | --- | --- |

(6)

Article 8 is amended as follows:

(a)

paragraph 5 is replaced by the following:

‘5.   Member States may promote periodic training on the subjects listed in Annex I at three year intervals to ensure that the person or persons referred to in paragraph 1 are sufficiently aware of developments in the sector.’;

| (b) | paragraph 9 is replaced by the following:

  ‘9.   The Commission is empowered to adopt delegated acts in accordance with Article 24a to amend Annexes I, II and III in order to adapt them to market developments and technical progress.’; |
| --- | --- |

(b)

paragraph 9 is replaced by the following:

‘9.   The Commission is empowered to adopt delegated acts in accordance with Article 24a to amend Annexes I, II and III in order to adapt them to market developments and technical progress.’;

| (7) | in Article 9, the following paragraph is added:
  ‘For the purpose of granting a licence to a road haulage undertaking which only operates motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3,5 tonnes, Member States may decide to exempt from the examinations referred to in Article 8(1) persons who provide proof that they have continuously managed, for the period of 10 years before ... [date of entry into force of this amending Regulation], an undertaking of the same type.’; |
| --- | --- |

(7)

in Article 9, the following paragraph is added:

‘For the purpose of granting a licence to a road haulage undertaking which only operates motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3,5 tonnes, Member States may decide to exempt from the examinations referred to in Article 8(1) persons who provide proof that they have continuously managed, for the period of 10 years before ... [date of entry into force of this amending Regulation], an undertaking of the same type.’;

date of entry into force of this amending Regulation

| (8) | in Article 11(4), the third subparagraph is deleted; |
| --- | --- |

(8)

in Article 11(4), the third subparagraph is deleted;

| (9) | Article 12 is amended as follows:






  (a) | paragraph 1 is replaced by the following:

  ‘1.   Competent authorities shall regularly monitor whether undertakings which they have authorised to engage in the occupation of road transport operator continue to fulfil the requirements laid down in Article 3 of this Regulation. To that end, Member States shall carry out checks, including, where appropriate, on-site inspections at the premises of the undertaking concerned, targeting those undertakings which are classed as posing an increased risk. For that purpose, Member States shall extend the risk rating system established by them pursuant to Article 9 of Directive 2006/22/EC of the European Parliament and of the Council (*1) to cover all infringements specified in Article 6 of this Regulation.


  (*1)  Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35).’;" |
| --- | --- | --- |

(9)

Article 12 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Competent authorities shall regularly monitor whether undertakings which they have authorised to engage in the occupation of road transport operator continue to fulfil the requirements laid down in Article 3 of this Regulation. To that end, Member States shall carry out checks, including, where appropriate, on-site inspections at the premises of the undertaking concerned, targeting those undertakings which are classed as posing an increased risk. For that purpose, Member States shall extend the risk rating system established by them pursuant to Article 9 of Directive 2006/22/EC of the European Parliament and of the Council (*1) to cover all infringements specified in Article 6 of this Regulation.

(*1)  Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35).’;"

*1

| (b) | in paragraph 2, the second subparagraph is deleted; |
| --- | --- |

(b)

in paragraph 2, the second subparagraph is deleted;

| (10) | in Article 13(1), point (c) is replaced by the following:






  ‘(c) | a time limit not exceeding six months, where the requirement of financial standing had not been satisfied, in order to demonstrate that that requirement is again satisfied on a permanent basis.’; |
| --- | --- | --- |

(10)

in Article 13(1), point (c) is replaced by the following:

‘(c)

a time limit not exceeding six months, where the requirement of financial standing had not been satisfied, in order to demonstrate that that requirement is again satisfied on a permanent basis.’;

| (11) | Article 14 is amended as follows:






  (a) | in paragraph 1, the following subparagraph is added:
  ‘The competent authority shall not rehabilitate the transport manager earlier than one year from the date of the loss of good repute and, in any event, not before the transport manager has demonstrated that he or she has followed appropriate training for a period of at least three months or passed an exam on the subjects listed in part I of Annex I to this Regulation.’; |
| --- | --- | --- |

(11)

Article 14 is amended as follows:

(a)

in paragraph 1, the following subparagraph is added:

‘The competent authority shall not rehabilitate the transport manager earlier than one year from the date of the loss of good repute and, in any event, not before the transport manager has demonstrated that he or she has followed appropriate training for a period of at least three months or passed an exam on the subjects listed in part I of Annex I to this Regulation.’;

| (b) | paragraph 2 is replaced by the following:

  ‘2.   Unless and until a rehabilitation measure is taken in accordance with the relevant provisions of national law and paragraph 1 of this Article, the certificate of professional competence referred to in Article 8(8) of the transport manager who has been declared to be unfit shall no longer be valid in any Member State.’; |
| --- | --- |

(b)

paragraph 2 is replaced by the following:

‘2.   Unless and until a rehabilitation measure is taken in accordance with the relevant provisions of national law and paragraph 1 of this Article, the certificate of professional competence referred to in Article 8(8) of the transport manager who has been declared to be unfit shall no longer be valid in any Member State.’;

| (12) | Article 16 is amended as follows:






  (a) | paragraph 2 is amended as follows:






  (i) | point (c) is replaced by the following:






  ‘(c) | the names of the transport managers designated as meeting the requirements laid down in Article 3 relating to good repute and professional competence or, as appropriate, the name of a legal representative;’; |
| --- | --- | --- | --- | --- |

(12)

Article 16 is amended as follows:

(a)

paragraph 2 is amended as follows:

(i)

point (c) is replaced by the following:

‘(c)

the names of the transport managers designated as meeting the requirements laid down in Article 3 relating to good repute and professional competence or, as appropriate, the name of a legal representative;’;

| (ii) | the following points are added:






  ‘(g) | the registration numbers of the vehicles at the disposal of the undertaking pursuant to point (g) of Article 5(1); |
| --- | --- | --- |

(ii)

the following points are added:

‘(g)

the registration numbers of the vehicles at the disposal of the undertaking pursuant to point (g) of Article 5(1);

| (h) | the number of people employed in the undertaking on 31 December of the previous year, which shall be recorded in the national register by 31 March of each year; |
| --- | --- |

(h)

the number of people employed in the undertaking on 31 December of the previous year, which shall be recorded in the national register by 31 March of each year;

| (i) | the risk rating of the undertaking pursuant to Article 9(1) of Directive 2006/22/EC.’; |
| --- | --- |

(i)

the risk rating of the undertaking pursuant to Article 9(1) of Directive 2006/22/EC.’;

| (iii) | the second, third and fourth subparagraphs are replaced by the following:
  ‘The data referred to in points (a) to (d) of the first subparagraph shall be publicly accessible, in accordance with the relevant provisions on personal data protection.
  Member States may choose to keep the data referred to in points (e) to (i) of the first subparagraph in separate registers. In such cases, the data referred to in points (e) and (f) shall be made available upon request or shall be directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within five working days of receipt of the request.
  The data referred to in points (g) to (i) of the first subparagraph shall be available to the competent authorities during roadside checks no later than 12 months from the entry into force of the implementing act, adopted pursuant to paragraph 6, specifying the functionalities that allow for the data to be made available to the competent authorities during roadside checks.
  The data referred to in points (e) to (i) of the first subparagraph shall only be accessible to authorities other than the competent authorities where those authorities are duly endowed with powers relating to supervision and the imposition of penalties in the road transport sector and their officials are sworn to secrecy or are otherwise under a formal obligation of secrecy.’; |
| --- | --- |

(iii)

the second, third and fourth subparagraphs are replaced by the following:

‘The data referred to in points (a) to (d) of the first subparagraph shall be publicly accessible, in accordance with the relevant provisions on personal data protection.

Member States may choose to keep the data referred to in points (e) to (i) of the first subparagraph in separate registers. In such cases, the data referred to in points (e) and (f) shall be made available upon request or shall be directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within five working days of receipt of the request.

The data referred to in points (g) to (i) of the first subparagraph shall be available to the competent authorities during roadside checks no later than 12 months from the entry into force of the implementing act, adopted pursuant to paragraph 6, specifying the functionalities that allow for the data to be made available to the competent authorities during roadside checks.

The data referred to in points (e) to (i) of the first subparagraph shall only be accessible to authorities other than the competent authorities where those authorities are duly endowed with powers relating to supervision and the imposition of penalties in the road transport sector and their officials are sworn to secrecy or are otherwise under a formal obligation of secrecy.’;

| (b) | paragraph 4 is replaced by the following:

  ‘4.   Member States shall take all necessary measures to ensure that all data contained in the national electronic register are kept up to date and are accurate.’; |
| --- | --- |

(b)

paragraph 4 is replaced by the following:

‘4.   Member States shall take all necessary measures to ensure that all data contained in the national electronic register are kept up to date and are accurate.’;

| (c) | in paragraph 6, the following subparagraphs are added:
  ‘By 14 months after the adoption of an implementing act on a common formula for calculating the risk rating as referred to in Article 9(1) of Directive 2006/22/EC, the Commission shall adopt implementing acts, specifying the functionalities that allow for the data referred to in points (g) to (i) of paragraph 2 to be made available to the competent authorities during roadside checks.
  Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 25(2).’; |
| --- | --- |

(c)

in paragraph 6, the following subparagraphs are added:

‘By 14 months after the adoption of an implementing act on a common formula for calculating the risk rating as referred to in Article 9(1) of Directive 2006/22/EC, the Commission shall adopt implementing acts, specifying the functionalities that allow for the data referred to in points (g) to (i) of paragraph 2 to be made available to the competent authorities during roadside checks.

Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 25(2).’;

| (d) | paragraph 7 is deleted. |
| --- | --- |

(d)

paragraph 7 is deleted.

| (13) | Article 18 is replaced by the following:

  ‘Article 18
  Administrative cooperation between Member States

  1.   Member States shall designate a national contact point responsible for the exchange of information with the other Member States with regard to the application of this Regulation. Member States shall forward to the Commission the names and addresses of their national contact points by 4 December 2011. The Commission shall draw up a list of all contact points and forward it to the Member States.


  2.   The competent authorities of the Member States shall cooperate closely and shall swiftly provide one another with mutual assistance and with any other relevant information in order to facilitate the implementation and enforcement of this Regulation.


  3.   The competent authorities of the Member States shall exchange information on convictions and penalties for any serious infringements referred to in Article 6(2). A Member State which receives notification of a serious infringement referred to in Article 6(2) which has resulted in a conviction or a penalty in another Member State during the previous two years shall record that infringement in its national electronic register.


  4.   Member States shall reply to requests for information from all competent authorities of other Member States and shall carry out checks, inspections and investigations concerning compliance with the requirement laid down in point (a) of Article 3(1) by road transport operators established in their territory. Such requests for information may include access to documents required to prove that the conditions laid down in Article 5 are met. Requests for information by competent authorities of Member States shall be duly justified and reasoned. To this end, requests shall include credible indications of possible infringements of point (a) of Article 3(1), indicate the purpose of the request and specify in sufficient detail the information and documents which are being requested.


  5.   Member States shall submit the information requested by other Member States pursuant to paragraph 4 within 30 working days from the receipt of the request. A shorter time limit may be mutually agreed between the Member States.


  6.   Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within ten working days from the receipt of the request. The requesting Member State shall further substantiate the request. Where the requesting Member State is unable to further substantiate the request, the requested Member State may reject the request.


  7.   Where it is difficult to comply with a request for information or to carry out checks, inspections or investigations, the requested Member State shall inform the requesting Member State accordingly within 10 working days from the receipt of the request, giving the reasons for the difficulty. The Member States concerned shall discuss with each other with a view to finding a solution to any difficulty raised. In the event of persistent delays in the provision of information to the requesting Member State, the Commission shall be informed and shall take appropriate measures.


  8.   The exchange of information referred to in paragraph 3 shall take place through the message exchange system, namely the European Registers of Road Transport Undertakings (ERRU) established by Commission Regulation (EU) No 1213/2010 (*2). The administrative cooperation and mutual assistance between the competent authorities of the Member States provided for in paragraphs 4 to 7 of this Article shall be implemented through the Internal Market Information System (IMI), established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council (*3). For this purpose, each Member State may designate the contact point referred to in paragraph 1 as the competent authority and shall inform the Commission thereof through IMI.


  9.   Member States shall ensure that the information transmitted to them pursuant to this Article is used only in respect of the matter(s) for which it was requested. Any processing of personal data shall be carried out solely for the purposes of complying with this Regulation and shall be in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (*4).


  10.   Mutual administrative cooperation and assistance shall be provided free of charge.


  11.   A request for information shall not preclude the competent authorities from taking measures in line with the relevant national and Union law to investigate and prevent alleged breaches of this Regulation.



  (*2)  Commission Regulation (EU) No 1213/2010 of 16 December 2010 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings (OJ L 335, 18.12.2010, p. 21)."


  (*3)  Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (“the IMI Regulation”) (OJ L 316, 14.11.2012, p. 1)."


  (*4)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).’;" |
| --- | --- |

(13)

Article 18 is replaced by the following:

‘Article 18

Administrative cooperation between Member States

1.   Member States shall designate a national contact point responsible for the exchange of information with the other Member States with regard to the application of this Regulation. Member States shall forward to the Commission the names and addresses of their national contact points by 4 December 2011. The Commission shall draw up a list of all contact points and forward it to the Member States.

2.   The competent authorities of the Member States shall cooperate closely and shall swiftly provide one another with mutual assistance and with any other relevant information in order to facilitate the implementation and enforcement of this Regulation.

3.   The competent authorities of the Member States shall exchange information on convictions and penalties for any serious infringements referred to in Article 6(2). A Member State which receives notification of a serious infringement referred to in Article 6(2) which has resulted in a conviction or a penalty in another Member State during the previous two years shall record that infringement in its national electronic register.

4.   Member States shall reply to requests for information from all competent authorities of other Member States and shall carry out checks, inspections and investigations concerning compliance with the requirement laid down in point (a) of Article 3(1) by road transport operators established in their territory. Such requests for information may include access to documents required to prove that the conditions laid down in Article 5 are met. Requests for information by competent authorities of Member States shall be duly justified and reasoned. To this end, requests shall include credible indications of possible infringements of point (a) of Article 3(1), indicate the purpose of the request and specify in sufficient detail the information and documents which are being requested.

5.   Member States shall submit the information requested by other Member States pursuant to paragraph 4 within 30 working days from the receipt of the request. A shorter time limit may be mutually agreed between the Member States.

6.   Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within ten working days from the receipt of the request. The requesting Member State shall further substantiate the request. Where the requesting Member State is unable to further substantiate the request, the requested Member State may reject the request.

7.   Where it is difficult to comply with a request for information or to carry out checks, inspections or investigations, the requested Member State shall inform the requesting Member State accordingly within 10 working days from the receipt of the request, giving the reasons for the difficulty. The Member States concerned shall discuss with each other with a view to finding a solution to any difficulty raised. In the event of persistent delays in the provision of information to the requesting Member State, the Commission shall be informed and shall take appropriate measures.

8.   The exchange of information referred to in paragraph 3 shall take place through the message exchange system, namely the European Registers of Road Transport Undertakings (ERRU) established by Commission Regulation (EU) No 1213/2010 (*2). The administrative cooperation and mutual assistance between the competent authorities of the Member States provided for in paragraphs 4 to 7 of this Article shall be implemented through the Internal Market Information System (IMI), established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council (*3). For this purpose, each Member State may designate the contact point referred to in paragraph 1 as the competent authority and shall inform the Commission thereof through IMI.

9.   Member States shall ensure that the information transmitted to them pursuant to this Article is used only in respect of the matter(s) for which it was requested. Any processing of personal data shall be carried out solely for the purposes of complying with this Regulation and shall be in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (*4).

10.   Mutual administrative cooperation and assistance shall be provided free of charge.

11.   A request for information shall not preclude the competent authorities from taking measures in line with the relevant national and Union law to investigate and prevent alleged breaches of this Regulation.

(*2)  Commission Regulation (EU) No 1213/2010 of 16 December 2010 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings (OJ L 335, 18.12.2010, p. 21)."

*2

(*3)  Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (“the IMI Regulation”) (OJ L 316, 14.11.2012, p. 1)."

*3

(*4)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).’;"

*4

| (14) | in Article 23, the following paragraphs are added:
  ‘By way of derogation from Article 1(2), until ... [21 months after the entry into force of this amending Regulation] road haulage undertakings engaged in international transport operations solely by means of motor vehicles or combinations of vehicles, the permissible laden mass of which does not exceed 3,5 tonnes, shall be exempt from the provisions of this Regulation unless the law of the Member State of establishment provides otherwise.
  By way of derogation from Article 16(2), the requirement to include the risk rating of the undertakings in the national electronic registers shall apply from 14 months after the entry into force of the implementing act on a common formula for calculating the risk rating referred to in Article 9(1) of Directive 2006/22/EC.’; |
| --- | --- |

(14)

in Article 23, the following paragraphs are added:

‘By way of derogation from Article 1(2), until ... [21 months after the entry into force of this amending Regulation] road haulage undertakings engaged in international transport operations solely by means of motor vehicles or combinations of vehicles, the permissible laden mass of which does not exceed 3,5 tonnes, shall be exempt from the provisions of this Regulation unless the law of the Member State of establishment provides otherwise.

21 months after the entry into force of this amending Regulation

By way of derogation from Article 16(2), the requirement to include the risk rating of the undertakings in the national electronic registers shall apply from 14 months after the entry into force of the implementing act on a common formula for calculating the risk rating referred to in Article 9(1) of Directive 2006/22/EC.’;

| (15) | Article 24 is deleted; |
| --- | --- |

(15)

Article 24 is deleted;

| (16) | the following Article is inserted:

  ‘Article 24a
  Exercise of the delegation

  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 8(9) shall be conferred on the Commission for an indeterminate period of time from ... [date of entry into force of this amending Regulation].


  3.   The delegation of power referred to in Article 8(9) 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).


  5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.


  6.   A delegated act adopted under Article 8(9) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.



  (*5)  OJ L 123, 12.5.2016, p. 1.’;" |
| --- | --- |

(16)

the following Article is inserted:

‘Article 24a

Exercise of the delegation

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 8(9) shall be conferred on the Commission for an indeterminate period of time from ... [date of entry into force of this amending Regulation].

3.   The delegation of power referred to in Article 8(9) 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).

5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.   A delegated act adopted under Article 8(9) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

(*5)  OJ L 123, 12.5.2016, p. 1.’;"

*5

| (17) | Article 25 is amended as follows:






  (a) | paragraph 2 is replaced by the following:

  ‘2.   Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*6) shall apply.


  (*6)  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).’;" |
| --- | --- | --- |

(17)

Article 25 is amended as follows:

(a)

paragraph 2 is replaced by the following:

‘2.   Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*6) shall apply.

(*6)  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).’;"

*6

| (b) | paragraph 3 is replaced by the following:

  ‘3.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’; |
| --- | --- |

(b)

paragraph 3 is replaced by the following:

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

| (18) | Article 26 is amended as follows:






  (a) | the title is replaced by the following:
  ‘Reporting and review’; |
| --- | --- | --- |

(18)

Article 26 is amended as follows:

(a)

the title is replaced by the following:

‘Reporting and review’;

Reporting and review

| (b) | in paragraph 1, point (b) is replaced by the following:






  ‘(b) | the number of authorisations granted under this Regulation by year and by type, the number of suspended authorisations, the number of withdrawn authorisations, the number of declarations of unfitness and the reasons on which those decisions were based. Reports relating to the period after ... [21 months after the entry into force of this amending Regulation] shall also include a breakdown of these items by:






  (i) | road passenger transport operators; |
| --- | --- | --- | --- |

(b)

in paragraph 1, point (b) is replaced by the following:

‘(b)

the number of authorisations granted under this Regulation by year and by type, the number of suspended authorisations, the number of withdrawn authorisations, the number of declarations of unfitness and the reasons on which those decisions were based. Reports relating to the period after ... [21 months after the entry into force of this amending Regulation] shall also include a breakdown of these items by:

[21 months after the entry into force of this amending Regulation]

(i)

road passenger transport operators;

| (ii) | road haulage operators using exclusively motor vehicles or combinations of vehicles, the permissible laden mass of which does not exceed 3,5 tonnes; and |
| --- | --- |

(ii)

road haulage operators using exclusively motor vehicles or combinations of vehicles, the permissible laden mass of which does not exceed 3,5 tonnes; and

| (iii) | all other road haulage operators;’; |
| --- | --- |

(iii)

all other road haulage operators;’;

| (c) | the following paragraphs are added:

  ‘3.   Every two years Member States shall report to the Commission on the requests made by them under Article 18(4) to (9), on the replies received from other Member States and on the actions that they have taken on the basis of the information provided.


  4.   By ... [36 months after the entry into force of this amending Regulation], on the basis of the information gathered by the Commission under paragraph 3 and on the basis of further evidence, the Commission shall present a detailed report to the European Parliament and the Council on the extent of administrative cooperation between Member States, on any possible shortcomings in this respect and on possible ways to improve the cooperation. On the basis of this report, it shall assess whether it is necessary to propose additional measures.


  5.   The Commission shall evaluate the implementation of this Regulation by ... [three years after the date of entry into force of this amending Regulation] and report to the European Parliament and the Council on the application of this Regulation.


  6.   Following the report referred to in paragraph 5, the Commission shall regularly evaluate this Regulation and shall submit the evaluation results to the European Parliament and the Council.


  7.   Where appropriate, the reports referred to in paragraphs 5 and 6 shall be accompanied by relevant legislative proposals.’; |
| --- | --- |

(c)

the following paragraphs are added:

‘3.   Every two years Member States shall report to the Commission on the requests made by them under Article 18(4) to (9), on the replies received from other Member States and on the actions that they have taken on the basis of the information provided.

4.   By ... [36 months after the entry into force of this amending Regulation], on the basis of the information gathered by the Commission under paragraph 3 and on the basis of further evidence, the Commission shall present a detailed report to the European Parliament and the Council on the extent of administrative cooperation between Member States, on any possible shortcomings in this respect and on possible ways to improve the cooperation. On the basis of this report, it shall assess whether it is necessary to propose additional measures.

5.   The Commission shall evaluate the implementation of this Regulation by ... [three years after the date of entry into force of this amending Regulation] and report to the European Parliament and the Council on the application of this Regulation.

6.   Following the report referred to in paragraph 5, the Commission shall regularly evaluate this Regulation and shall submit the evaluation results to the European Parliament and the Council.

7.   Where appropriate, the reports referred to in paragraphs 5 and 6 shall be accompanied by relevant legislative proposals.’;

| (19) | Annex IV is amended as follows:






  (a) | the title is replaced by the following:
  ‘MOST SERIOUS INFRINGEMENTS FOR THE PURPOSE OF ARTICLE 6(2)’; |
| --- | --- | --- |

(19)

Annex IV is amended as follows:

(a)

the title is replaced by the following:

‘MOST SERIOUS INFRINGEMENTS FOR THE PURPOSE OF ARTICLE 6(2)’;

| (b) | in point 1, point (b) is replaced by the following:






  ‘(b) | exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50 % or more.’; |
| --- | --- | --- |

(b)

in point 1, point (b) is replaced by the following:

‘(b)

exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50 % or more.’;

| (c) | point 2 is replaced by the following:






  ‘2. | Not having a tachograph and/or speed limiter, or having in the vehicle and/or using a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsifying record sheets or data downloaded from the tachograph and/or the driver card.’. |
| --- | --- | --- |

(c)

point 2 is replaced by the following:

‘2.

Not having a tachograph and/or speed limiter, or having in the vehicle and/or using a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsifying record sheets or data downloaded from the tachograph and/or the driver card.’.

Article 2

Amendments to Regulation (EC) No 1072/2009

Regulation (EC) No 1072/2009 is amended as follows:

| (1) | in Article 1, paragraph 5 is amended as follows:






  (a) | point (c) is replaced by the following:






  ‘(c) | until ... [the day before 21 months after the entry into force of this amending Regulation]: carriage of goods in vehicles the permissible laden mass of which does not exceed 3,5 tonnes;’; |
| --- | --- | --- | --- |

(1)

in Article 1, paragraph 5 is amended as follows:

(a)

point (c) is replaced by the following:

‘(c)

until ... [the day before 21 months after the entry into force of this amending Regulation]: carriage of goods in vehicles the permissible laden mass of which does not exceed 3,5 tonnes;’;

| (b) | the following point is inserted:






  ‘(ca) | from ... [21 months after the entry into force of this amending Regulation]: carriage of goods in vehicles the permissible laden mass of which does not exceed 2,5 tonnes;’; |
| --- | --- | --- |

(b)

the following point is inserted:

‘(ca)

from ... [21 months after the entry into force of this amending Regulation]: carriage of goods in vehicles the permissible laden mass of which does not exceed 2,5 tonnes;’;

| (2) | Article 4 is amended as follows:






  (a) | in paragraph 2, the third subparagraph is deleted; |
| --- | --- | --- |

(2)

Article 4 is amended as follows:

(a)

in paragraph 2, the third subparagraph is deleted;

| (b) | paragraph 4 is replaced by the following:

  ‘4.   The Community licence and the certified true copies shall correspond to the model set out in Annex II, which also lays down the conditions governing its use. They shall contain at least two of the security features listed in Annex I.
  In the case of vehicles used for the carriage of goods, the permissible laden mass of which does not exceed 3,5 tonnes and for which the lower financial requirements established in the second subparagraph of Article 7(1) of Regulation (EC) No 1071/2009 are applied, the issuing authority shall write in the “particular remarks” section of the Community licence or of the certified true copy thereof: “≤ 3,5 t”.
  The Commission is empowered to adopt delegated acts in accordance with Article 14b to amend Annexes I and II in order to adapt them to technical progress.’; |
| --- | --- |

(b)

paragraph 4 is replaced by the following:

‘4.   The Community licence and the certified true copies shall correspond to the model set out in Annex II, which also lays down the conditions governing its use. They shall contain at least two of the security features listed in Annex I.

In the case of vehicles used for the carriage of goods, the permissible laden mass of which does not exceed 3,5 tonnes and for which the lower financial requirements established in the second subparagraph of Article 7(1) of Regulation (EC) No 1071/2009 are applied, the issuing authority shall write in the “particular remarks” section of the Community licence or of the certified true copy thereof: “≤ 3,5 t”.

The Commission is empowered to adopt delegated acts in accordance with Article 14b to amend Annexes I and II in order to adapt them to technical progress.’;

| (3) | in Article 5, paragraph 4 is replaced by the following:

  ‘4.   The Commission is empowered to adopt delegated acts in accordance with Article 14b to amend Annex III in order to adapt it to technical progress.’; |
| --- | --- |

(3)

in Article 5, paragraph 4 is replaced by the following:

‘4.   The Commission is empowered to adopt delegated acts in accordance with Article 14b to amend Annex III in order to adapt it to technical progress.’;

| (4) | Article 8 is amended as follows:






  (a) | the following paragraph is inserted:

  ‘2a.   Hauliers are not allowed to carry out cabotage operations, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same Member State within four days following the end of its cabotage operation in that Member State.’; |
| --- | --- | --- |

(4)

Article 8 is amended as follows:

(a)

the following paragraph is inserted:

‘2a.   Hauliers are not allowed to carry out cabotage operations, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same Member State within four days following the end of its cabotage operation in that Member State.’;

| (b) | in paragraph 3, the first subparagraph is replaced by the following:
  ‘National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage and of each consecutive cabotage operation carried out. In the event that the vehicle has been in the territory of the host Member State within the period of four days preceding the international carriage, the haulier shall also produce clear evidence of all operations that were carried out during that period.’; |
| --- | --- |

(b)

in paragraph 3, the first subparagraph is replaced by the following:

‘National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage and of each consecutive cabotage operation carried out. In the event that the vehicle has been in the territory of the host Member State within the period of four days preceding the international carriage, the haulier shall also produce clear evidence of all operations that were carried out during that period.’;

| (c) | the following paragraph is inserted:

  ‘4a.   Evidence referred to in paragraph 3 shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as an electronic consignment note (e-CMR) under the Additional Geneva Protocol to the Convention on the Contract for the International Carriage of Goods by Road (CMR) concerning the Electronic Consignment Note of 20 February 2008. During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity in order to provide, before the end of the roadside check, any evidence referred to in paragraph 3.’; |
| --- | --- |

(c)

the following paragraph is inserted:

‘4a.   Evidence referred to in paragraph 3 shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as an electronic consignment note (e-CMR) under the Additional Geneva Protocol to the Convention on the Contract for the International Carriage of Goods by Road (CMR) concerning the Electronic Consignment Note of 20 February 2008. During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity in order to provide, before the end of the roadside check, any evidence referred to in paragraph 3.’;

| (d) | paragraph 5 is amended as follows:

  ‘5.   Any haulier entitled in the Member State of establishment to carry out the road haulage operations for hire or reward specified in points (a), (b), (c) and (ca) of Article 1(5) in accordance with that Member State’s legislation shall be permitted, under the conditions set out in this Chapter to carry out, as the case may be, cabotage operations of the same kind or cabotage operations with vehicles in the same category.’; |
| --- | --- |

(d)

paragraph 5 is amended as follows:

‘5.   Any haulier entitled in the Member State of establishment to carry out the road haulage operations for hire or reward specified in points (a), (b), (c) and (ca) of Article 1(5) in accordance with that Member State’s legislation shall be permitted, under the conditions set out in this Chapter to carry out, as the case may be, cabotage operations of the same kind or cabotage operations with vehicles in the same category.’;

| (5) | Article 10 is amended as follows:






  (a) | in paragraph 3, the first subparagraph is replaced by the following:

  ‘3.   The Commission shall examine the situation on the basis in particular of the relevant data and, after consulting the committee established pursuant to Article 42(1) of Regulation (EU) No 165/2014 of the European Parliament and of the Council (*7) shall decide within one month of receipt of the Member State’s request whether safeguard measures are necessary and shall adopt them if they are necessary.


  (*7)  Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).’;" |
| --- | --- | --- |

(5)

Article 10 is amended as follows:

(a)

in paragraph 3, the first subparagraph is replaced by the following:

‘3.   The Commission shall examine the situation on the basis in particular of the relevant data and, after consulting the committee established pursuant to Article 42(1) of Regulation (EU) No 165/2014 of the European Parliament and of the Council (*7) shall decide within one month of receipt of the Member State’s request whether safeguard measures are necessary and shall adopt them if they are necessary.

(*7)  Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).’;"

*7

| (b) | the following paragraph is added:

  ‘7.   In addition to paragraphs 1 to 6 of this Article and by way of derogation from Article 4 of Directive 92/106/EEC, Member States may, where necessary to avoid misuse of the latter provision through the provision of unlimited and continuous services consisting in initial or final road legs within a host Member State that form part of combined transport operations between Member States, provide that Article 8 of this Regulation apply to hauliers when they carry out such initial and/or final road haulage legs within that Member State. With regard to such road haulage legs, Member States may provide for a longer period than the seven-day period provided for in Article 8(2) of this Regulation and may provide for a shorter period than the four-day period provided for in Article 8(2a) of this Regulation. The application of Article 8(4) of this Regulation to such transport operations shall be without prejudice to requirements following from Directive 92/106/EEC. Member States making use of the derogation provided for in this paragraph shall notify the Commission thereof before applying their relevant national measures. They shall review those measures at least every five years and shall notify the results of that review to the Commission. They shall make the rules, including the length of the respective periods, publically available in a transparent manner.’; |
| --- | --- |

(b)

the following paragraph is added:

‘7.   In addition to paragraphs 1 to 6 of this Article and by way of derogation from Article 4 of Directive 92/106/EEC, Member States may, where necessary to avoid misuse of the latter provision through the provision of unlimited and continuous services consisting in initial or final road legs within a host Member State that form part of combined transport operations between Member States, provide that Article 8 of this Regulation apply to hauliers when they carry out such initial and/or final road haulage legs within that Member State. With regard to such road haulage legs, Member States may provide for a longer period than the seven-day period provided for in Article 8(2) of this Regulation and may provide for a shorter period than the four-day period provided for in Article 8(2a) of this Regulation. The application of Article 8(4) of this Regulation to such transport operations shall be without prejudice to requirements following from Directive 92/106/EEC. Member States making use of the derogation provided for in this paragraph shall notify the Commission thereof before applying their relevant national measures. They shall review those measures at least every five years and shall notify the results of that review to the Commission. They shall make the rules, including the length of the respective periods, publically available in a transparent manner.’;

| (6) | the following Article is inserted:

  ‘Article 10a
  Checks

  1.   In order to further enforce the obligations laid down in this Chapter, Member States shall ensure that a coherent national enforcement strategy is applied on their territory. That strategy shall focus on undertakings with a high risk rating as referred to in Article 9 of Directive 2006/22/EC of the European Parliament and of the Council (*8).


  2.   Each Member State shall ensure that the checks provided for in Article 2 of Directive 2006/22/EC include a check on cabotage operations, where relevant.


  3.   At least twice per year, Member States shall undertake concerted roadside checks on cabotage operations. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each national authority operating in its own territory. Member States may combine those activities with those provided for by Article 5 of Directive 2006/22/EC. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.



  (*8)  Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35).’;" |
| --- | --- |

(6)

the following Article is inserted:

‘Article 10a

Checks

1.   In order to further enforce the obligations laid down in this Chapter, Member States shall ensure that a coherent national enforcement strategy is applied on their territory. That strategy shall focus on undertakings with a high risk rating as referred to in Article 9 of Directive 2006/22/EC of the European Parliament and of the Council (*8).

2.   Each Member State shall ensure that the checks provided for in Article 2 of Directive 2006/22/EC include a check on cabotage operations, where relevant.

3.   At least twice per year, Member States shall undertake concerted roadside checks on cabotage operations. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each national authority operating in its own territory. Member States may combine those activities with those provided for by Article 5 of Directive 2006/22/EC. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.

(*8)  Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35).’;"

*8

| (7) | the following Articles are inserted:
  ‘Article 14a


  Liability

  Member States shall lay down rules on sanctions against consignors, freight forwarders, contractors and subcontractors for non-compliance with Chapters II and III, where they knew, or, in the light of all relevant circumstances ought to have known, that the transport services that they commissioned involved infringements of this Regulation.

  Article 14b
  Exercise of the delegation

  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 4(4) and Article 5(4) is conferred on the Commission for an indeterminate period of time from ... [date of entry into force of this amending Regulation].


  3.   The delegation of power referred to in Article 4(4) and Article 5(4) 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. (*9)



  5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.


  6.   A delegated act adopted under Article 4(4) and Article 5(4) 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.



  (*9)  OJ L 123, 12.5.2016, p. 1.’;" |
| --- | --- |

(7)

the following Articles are inserted:

‘Article 14a

Article 14a

Liability

Liability

Member States shall lay down rules on sanctions against consignors, freight forwarders, contractors and subcontractors for non-compliance with Chapters II and III, where they knew, or, in the light of all relevant circumstances ought to have known, that the transport services that they commissioned involved infringements of this Regulation.

Article 14b

Exercise of the delegation

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 4(4) and Article 5(4) is conferred on the Commission for an indeterminate period of time from ... [date of entry into force of this amending Regulation].

3.   The delegation of power referred to in Article 4(4) and Article 5(4) 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. (*9)

5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.   A delegated act adopted under Article 4(4) and Article 5(4) 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.

(*9)  OJ L 123, 12.5.2016, p. 1.’;"

*9

| (8) | Article 15 is deleted; |
| --- | --- |

(8)

Article 15 is deleted;

| (9) | Article 17 is replaced by the following:

  ‘Article 17
  Reporting and review

  1.   By 31 March of every second year, at the latest, Member States shall inform the Commission of the number of hauliers possessing Community licences on 31 December of each of the previous two years and of the number of certified true copies corresponding to the vehicles in circulation on that date. Reports relating to the period after ... [the day before 21 months after the entry into force of this amending Regulation] shall also include a breakdown of these items by road haulage operators engaged in international transport operations solely by means of vehicles the permissible laden mass of which does not exceed 3,5 tonnes and the remaining road haulage operators.


  2.   By 31 March of every second year, at the latest, Member States shall inform the Commission of the number of driver attestations issued in each of the previous two calendar years, as well as the total number of driver attestations in circulation on 31 December of each of the previous two years. Reports relating to the period after ... [the day before 21 months after the entry into force of this amending Regulation] shall also include a breakdown of these items by road haulage operators engaged in international transport operations solely by means of vehicles, the permissible laden mass of which does not exceed 3,5 tonnes, and the remaining road haulage operator.


  3.   By ... [two years after the date of entry into force of this amending Regulation], at the latest, Member States shall forward to the Commission their national enforcement strategy adopted pursuant to Article 10a. By 31 March of every year, at the latest, Member States shall inform the Commission on the enforcement operations performed in the previous calendar year pursuant to Article 10a, including, where appropriate, the number of checks performed. This information shall include the number of vehicles checked.


  4.   The Commission shall draw up a report on the state of the Union road transport market by the end of ... [four years after the entry into force of this amending Regulation]. 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.


  5.   The Commission shall evaluate the implementation of this Regulation, in particular the impact of the amendments to Article 8 introduced by Regulation (EU) 2020/... of the European Parliament and of the Council (*10), by ... [three years after the date of entry into force of this amending Regulation] and report to the European Parliament and the Council on the application of this Regulation.


  6.   Following the report referred to in paragraph 5, the Commission shall regularly evaluate this Regulation and submit the evaluation results to the European Parliament and the Council.


  7.   Where appropriate, the reports referred to in paragraphs 5 and 6 shall be accompanied by relevant legislative proposals.



  (*10)  Regulation (EU) 2020/... of the European Parliament and of the Council of ... amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) 1024/2012 with a view to adapting them to developments in the road transport sector (OJ ...).’." |
| --- | --- |

(9)

Article 17 is replaced by the following:

‘Article 17

Reporting and review

1.   By 31 March of every second year, at the latest, Member States shall inform the Commission of the number of hauliers possessing Community licences on 31 December of each of the previous two years and of the number of certified true copies corresponding to the vehicles in circulation on that date. Reports relating to the period after ... [the day before 21 months after the entry into force of this amending Regulation] shall also include a breakdown of these items by road haulage operators engaged in international transport operations solely by means of vehicles the permissible laden mass of which does not exceed 3,5 tonnes and the remaining road haulage operators.

2.   By 31 March of every second year, at the latest, Member States shall inform the Commission of the number of driver attestations issued in each of the previous two calendar years, as well as the total number of driver attestations in circulation on 31 December of each of the previous two years. Reports relating to the period after ... [the day before 21 months after the entry into force of this amending Regulation] shall also include a breakdown of these items by road haulage operators engaged in international transport operations solely by means of vehicles, the permissible laden mass of which does not exceed 3,5 tonnes, and the remaining road haulage operator.

3.   By ... [two years after the date of entry into force of this amending Regulation], at the latest, Member States shall forward to the Commission their national enforcement strategy adopted pursuant to Article 10a. By 31 March of every year, at the latest, Member States shall inform the Commission on the enforcement operations performed in the previous calendar year pursuant to Article 10a, including, where appropriate, the number of checks performed. This information shall include the number of vehicles checked.

4.   The Commission shall draw up a report on the state of the Union road transport market by the end of ... [four years after the entry into force of this amending Regulation]. 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.

5.   The Commission shall evaluate the implementation of this Regulation, in particular the impact of the amendments to Article 8 introduced by Regulation (EU) 2020/... of the European Parliament and of the Council (*10), by ... [three years after the date of entry into force of this amending Regulation] and report to the European Parliament and the Council on the application of this Regulation.

6.   Following the report referred to in paragraph 5, the Commission shall regularly evaluate this Regulation and submit the evaluation results to the European Parliament and the Council.

7.   Where appropriate, the reports referred to in paragraphs 5 and 6 shall be accompanied by relevant legislative proposals.

(*10)  Regulation (EU) 2020/... of the European Parliament and of the Council of ... amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) 1024/2012 with a view to adapting them to developments in the road transport sector (OJ ...).’."

*10

Article 3

Amendments to Regulation (EU) No 1024/2012

In the Annex to Regulation (EU) No 1024/2012 the following point is added:

| ‘(15) | 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 road transport operator and repealing Council Directive 96/26/EC (*11): Article 18(8). |
| --- | --- |

‘(15)

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 road transport operator and repealing Council Directive 96/26/EC (*11): Article 18(8).

Article 4

Entry into force

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

It shall apply from ... [18 months after date of entry into force of this amending Regulation].

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 197, 8.6.2018, p. 38.

1

(2)  OJ C 176, 23.5.2018, p. 57.

2

(3)  Position of the European Parliament of 4 April 2019 (not yet published in the Official Journal) and position of the Council at first reading of 7 April 2020. Position of the European Parliament of ... (not yet published in the Official Journal).

3

(4)  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 road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).

4

(5)  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).

5

(6)  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).

6

(7)  Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35).

7

(8)  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 the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

8

(9)  Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, p. 38).

9

(10)  Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (OJ L 186, 11.7.2019, p. 21).

10

(11)  OJ L 123, 12.5.2016, p. 1.

11

(12)  Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p. 1).

12

---

| 7.5.2020 | EN | Official Journal of the European Union | C 153/18 |
| --- | --- | --- | --- |

7.5.2020

EN

Official Journal of the European Union

C 153/18

---

Statement of the Council’s reasons: Position (EU) No 6/2020 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1042/2012 with a view to adapting them to developments in the road transport sector

(2020/C 153/02)

I.   INTRODUCTION

| 1. | On 31 May 2017, the European Commission adopted a proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the sector. |
| --- | --- |

1.

| 2. | This proposal was presented as part of the Mobility Package I, and the legislative procedure was organised in conjunction with two other legislative proposals, one on drivers’ rest periods and on tachograph rules and one on enforcement provisions for social legislation and the posting of drivers. |
| --- | --- |

2.

| 3. | The Council (Transport, Telecommunications and Energy) agreed on a general approach on 3 December 2018 (1). |
| --- | --- |

3.

| 4. | The European Parliament adopted its first reading position on 4 April 2019. |
| --- | --- |

4.

| 5. | Between October and December 2019, negotiations took place between the European Parliament, the Council and the Commission with a view to reaching an agreement on the proposal. On 11 December 2019, the negotiators agreed on a compromise text, which was subsequently endorsed by the Permanent Representatives Committee on 20 December 2019 (2). |
| --- | --- |

5.

| 6. | The European Parliament Committee on Transport and Tourism (TRAN) confirmed the political agreement on 21 January 2020, and the Council gave its confirmation on 20 February 2020. (3) |
| --- | --- |

6.

| 7. | In carrying out its work, the Council took account of the opinion of the European Economic and Social Committee of 18 January 2018 and that of the Committee of the Regions of 1 February 2018. |
| --- | --- |

7.

| 8. | Taking this agreement into account and following legal and linguistic revision, the Council on 7 April 2020 using the written procedure adopted the Council’s position at first reading, in accordance with the ordinary legislative procedure laid down in Article 294 of the Treaty on the Functioning of the European Union. |
| --- | --- |

8.

II.   OBJECTIVE

| 9. | The general objective of the proposal is to modernise the rules governing admission to the occupation of road transport operator and access to the road transport market, with a view to ensuring the smooth functioning of the single market in road transport. This is achieved by adjusting the existing rules to the current circumstances and expanding the scope of the Regulations, thus dealing with the shortcomings in the rules and their enforcement. In particular, the requirements in Regulation (EC) No 1071/2009 for engaging in the occupation of road transport operator have been updated in order to fight letterbox companies and unfair competition. In addition, the rules on cabotage in Regulation (EC) No 1072/2009 have been expanded to prevent abuse of those provisions. In both Regulations, relevant control standards have been further clarified and administrative cooperation between the competent authorities of different Member States will be made easier, to ensure a level playing field and equal enforcement for all operators in all Member States. |
| --- | --- |

9.

III.   ANALYSIS OF THE COUNCIL’S POSITION AT FIRST READING

A)   
  General

| 10. | On the basis of the Commission proposal, the Parliament and the Council have conducted negotiations with a view to concluding an agreement at the stage of the Council's position at first reading. The text of the draft Council position fully reflects the compromise reached between the two co-legislators. |
| --- | --- |

10.

B)   
  Key policy issues

| 11. | The compromise reflected in the Council position at first reading contains the following key elements. |
| --- | --- |

11.

a)   Light commercial vehicles between 2,5 and 3,5 tonnes (Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009)

| 12. | The Commission initially proposed to make certain rules under Regulation (EC) No 1071/2009 mandatory for hauliers operating solely with light commercial vehicles with a permissible mass not exceeding 3,5 tonnes; the Commission did not propose a similar extension in Regulation (EC) No 1072/2009. Similar to the Parliament’s position, the Council supports including them in the scope of Regulation (EC) No 1071/2009 (Article 1(4)) when their maximum permissible mass, including any trailers or semi-trailers, exceeds 2,5 tonnes and they are used in international transport for hire or reward. For reasons of consistency, the Council position also includes these vehicles in the scope of Regulation (EC) No 1072/2009 (Article 1(5)). |
| --- | --- |

12.

| 13. | The Council position introduces a phasing-in period of 21 months before the relevant light commercial vehicles will fall under the scope of the Regulations. This transitional period will be essential in order to allow hauliers to get the drivers of the relevant light commercial vehicles ready with the required paperwork and administrative procedures. This period should also be used by the Commission to adopt implementing acts (under Regulation (EC) No 1071/2009 (Article 16)) detailing the functionalities to allow for data related to (1) the registration numbers of an undertaking’s vehicles, (2) the number of people employed in an undertaking and (3) the risk rating of an undertaking to be made available to the competent authorities during roadside checks, once a common formula for calculating the risk rating as referred to in Article 9(2) of Directive 2006/22/EC has been adopted. |
| --- | --- |

13.

b)   Conditions relating to the requirements for engagement in the occupation of road transport operator (Regulation (EC) No 1071/2009)

| 14. | The Council position confirms the need to amend three of the four requirements for engagement in the occupation of road transport operator, as proposed by the Commission, with a view to ensuring fair competition and the proper functioning of the single market in road transport. |
| --- | --- |

14.

| 15. | As regards the requirement of establishment, the Council agrees that a clearer link needs to be ensured between the operations of the undertaking and the Member State in which the undertaking is established. The Commission proposed to add two additional criteria to the existing three. The Council position includes two additional obligatory criteria, resulting in seven criteria to be fulfilled under Article 5. The Parliament’s proposals under amendments 130, 131, 132 and 133 were not maintained, as most of the elements in those proposals are sufficiently covered by the final list of criteria. The Council position also includes two optional criteria that Member States may impose on transport undertakings. |
| --- | --- |

15.

| 16. | Based on the Parliament’s position (amendment 128), the Council agrees to include a provision in Article 5 that obliges an undertaking to make sure that vehicles used in international transport return at least every eight weeks to one of the operational centres of the undertaking; initially, the Parliament had envisaged such a return every four weeks. The Commission accepted this provision with a view to the overall compromise, but issued a statement regretting this aspect of the agreement, as such returns could lead to inefficiencies in the transport system and to an increase in unnecessary emissions, pollution and congestion. |
| --- | --- |

16.

| 17. | The Council generally agrees with the Commission proposal to clarify and further harmonise the assessment of good repute. In addition to redrafting the text of paragraphs 1 and 2 of Article 6, the Council accepted the Parliament’s proposal (amendment 134) to include unauthorised cabotage in the list of serious criminal offences or serious infringements in point (b) of the third subparagraph of paragraph 1. The Council position provides that the Commission is to adopt implementing acts in accordance with the examination procedure to establish a list of categories, types and degrees of seriousness of serious infringements which, additionally to those categories and types set out in Annex IV, may lead to the loss of good repute. |
| --- | --- |

17.

| 18. | The Council agrees with the Commission’s proposal to introduce in Article 7 specific and less demanding conditions to be fulfilled in terms of financial standing for those operators solely operating light commercial vehicles. In order to make it easier for newly created undertakings to enter the market, the Council proposes to clarify the means by which undertakings may prove their financial standing. |
| --- | --- |

18.

| 19. | The Council agrees with the Commission’s proposal to delete the provision in Article 3(2) allowing Member States to impose additions to the four requirements to be satisfied by undertakings in order to engage in the occupation of road transport operator. Instead, the Council position allows for Member States to introduce specific requirements related to the establishment criteria (Article 5(2)) and the criteria for financial standing (Article 7), and exemptions from the examination referred to in Article 8(1) for road haulage undertakings which only operate light commercial vehicles and can justify their professional competence from experience (Article 9). |
| --- | --- |

19.

| 20. | In relation to professional competence (Article 8(5)), the Council agrees with the Parliament’s proposal (amendment 138) to allow Member States to promote periodic training on subjects listed in Annex I at three-year intervals, shortening the period from the original 10 years. |
| --- | --- |

20.

c)   Enforcement and checks (Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009)

| 21. | In Regulation (EC) No 1071/2009, the Commission only proposed to update Article 12 on ‘checks’, while in Regulation (EC) No 1072/2009, the Commission proposed to add a new article to introduce ‘checks’. The Council generally agrees with the importance of checks and enforcement in both Regulations and agrees that the procedure and the checks should be explained in more detail. |
| --- | --- |

21.

| 22. | In Regulation (EC) No 1071/2009 (Article 12(1)), the Council agrees to put in place regular monitoring of the requirements laid down in Article 3. To that end, Member States are to consider on-site inspections at the premises of the undertaking and are to take into account the risk rating of an undertaking, based on the risk-rating system established under Directive 2006/22/EC, which will also need to cover all the infringements specified in Article 6 of Regulation (EC) No 1071/2009. |
| --- | --- |

22.

| 23. | In Regulation (EC) No 1072/2009, the Council agrees with the Commission proposal to include Article 10a requiring Member States to carry out a minimum number of checks on cabotage and also to organise a minimum of two concerted roadside checks per year. Based on a proposal from the Parliament (amendment 174), the Council agrees that each Member State will ensure that a national enforcement strategy is applied and that such a strategy should focus on undertakings with a high risk rating (amendment 175). The Council also agrees with the Parliament’s proposal to include checks on cabotage during the checks provided for in Directive 2006/22/EC (amendment 174). The Council did not agree with amendments 176, 177, 178 and 179 of the Parliament, because these would be very difficult to implement due to technical challenges. |
| --- | --- |

23.

d)   Declaration of unfitness of the transport manager and rehabilitation of the transport manager (Regulation (EC) No 1071/2009)

| 24. | The Council agrees with the Commission proposal to harmonise (to one year) the minimum time frame within which a transport manager, having lost good repute, may be rehabilitated (Article 14). The Council also generally agrees to a proposal from the Parliament (amendment 140) but decided to be more specific by including in the Regulation the requirement for a transport manager having lost good repute to demonstrate having followed a minimum amount of training or having passed an exam demonstrating knowledge of the subjects listed in part I of Annex I, and not to instruct the Commission to draw up a list of rehabilitation measures. |
| --- | --- |

24.

e)   Administrative cooperation (Regulation (EC) No 1071/2009)

| 25. | The Council agrees with the Commission proposal to include additional elements in the national electronic registers (Article 16) and to give more detail on the administrative cooperation between Member States (Article 18). These elements should allow for better enforcement of the amended rules. |
| --- | --- |

25.

| 26. | The Council agrees to add three of the four categories of information which the Commission proposed to add in the national electronic registers (Article 16(2)): (1) the registration numbers of vehicles at the disposal of the undertaking, (2) the number of people employed by the undertaking and (3) the risk rating of the undertaking. The Parliament (amendment 143) also proposed to have labour contracts included in these registers, but the Council could not agree to that. The Council agrees with the Parliament (amendment 148) that this new information should be made available to the competent authorities during roadside checks; the Council does not agree with the Parliament (amendment 148) that this should be done with a delegated act but instead proposes to empower the Commission to do so by means of implementing powers. |
| --- | --- |

26.

| 27. | The Council agrees in Article 16(2) that the requested authority is to provide requested information related to serious infringements (point (e)) and the name of any person declared to be unfit (point (f)) within five days, rather than the previous time frame of 30 days. |
| --- | --- |

27.

| 28. | The Council agrees to set out the terms of the administrative cooperation between Member States in more detail, as provided for in Article 18. The Council agrees to clearly state the principle of close and swift cooperation (Article 18(2)), as proposed by the Parliament (amendment 149). The Council position defines in Article 18(5) a maximum period (of 30 days) for Member States to reply to reasoned requests; Member States can agree mutually to shorten this period. Additionally, the Council is of the opinion in Article 18(7) that a Member State should be able, within 10 days of the submission of an initial request, to ask the requesting Member State to substantiate the request. Within the same period of 10 days, the requested Member State can also inform the requesting Member State of possible issues with the request, in order to find a solution to any difficulties raised. The Commission could also be asked to take appropriate measures. Finally, the Council agrees to include provisions in Article 18(9) on data protection aspects and on the fact that such administrative cooperation is to be provided free of charge, and it has been clarified that a request for information does not preclude competent authorities from taking measures to investigate and prevent alleged breaches of the Regulation. |
| --- | --- |

28.

| 29. | The Council position explains in Article 18(8) that both the European Register of Road Transport Undertakings (ERRU) message exchange system on convictions and penalties for serious infringements and the Internal Market Information System (IMI) will need to be used to facilitate administrative cooperation and mutual assistance. To that end, the Council proposes to amend the IMI Regulation (Regulation (EU) No 1024/2012) to bring Regulation (EU) No 1071/2009 within the scope of the IMI Regulation and to amend the title of the amending act accordingly. As both systems will need to be used in parallel and in a complementary manner, depending on the information to be exchanged, the Council could not agree with the Parliament’s proposal in amendment 150 to implement the administrative cooperation only through the Internal Market Information System (IMI). |
| --- | --- |

29.

| 30. | The Parliament’s proposal to include a detailed provision and accompanying measures to further facilitate administrative cooperation (amendment 155) was not retained, as it became clear that there are sufficient elements in the Regulation to ensure good cooperation. |
| --- | --- |

30.

f)   Cabotage operations (Regulation (EC) No 1072/2009)

| 31. | The Commission proposed to makes the rules on cabotage in Article 8 easier to enforce by removing the maximum number of cabotage operations and by reducing the maximum number of days for carrying out such cabotage operations. The Council does not agree with the Commission proposal on cabotage and decided to keep the current model of three cabotage operations within seven days. |
| --- | --- |

31.

| 32. | The Council position introduces in Article 8(2a) a new concept of a cooling-off period of four days after each cabotage period in a Member State. The Parliament had in amendment 170 a similar concept, but in the end the Council model was retained. This cooling-off period is to ensure that cabotage operations are not carried out in a way that creates a permanent or continuous activity in the Member State where the cabotage was performed. |
| --- | --- |

32.

| 33. | The Council agrees with the Commission proposal and the Parliament (amendment 171) that the need for the haulier to produce clear evidence to demonstrate compliance with the cabotage rules should be clarified in Article 8(3), that this evidence may also be produced by electronic means and that in relevant cases the driver may contact the head office for help in producing the evidence. |
| --- | --- |

33.

| 34. | Based on an initial idea of the Parliament (amendment 164), the Council position introduces in Article 10 the option for Member States to apply cabotage rules to combined transport operations, as provided for in Directive 92/106/EEC. The Commission accepted this provision in view of the overall compromise, but issued a statement regretting this aspect of the agreement, as it could diminish the effectiveness of support for multimodal freight operations. |
| --- | --- |

34.

g)   Liability (Regulation (EC) No 1072/2009)

| 35. | The Council agrees with the Commission proposal to introduce article 14a to specify that Member States are to lay down rules which would subject consignors, freight forwarders, contractors and sub-contractors to sanctions in cases where they knew, or in the light of all relevant circumstances ought to have known, that transport services which they had commissioned involved infringements of the Regulation. |
| --- | --- |

35.

h)   Exercise of the delegation and committee procedure (Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009)

| 36. | While the Commission proposed in Articles 6 and 8 of Regulation (EC) No 1071/2009 to empower the Commission to adopt delegated acts, the Council only agrees to empower the Commission to adopt delegated acts pursuant to Article 8(9). The Council agrees to empower the Commission to adopt implementing acts to establish a list of categories, types and degrees of seriousness of serious infringements, pursuant to Article 6. |
| --- | --- |

36.

| 37. | In its proposal amending Regulation (EC) No 1072/2009, the Commission proposed to introduce an empowerment to adopt delegated acts. The Council position empowers the Commission to adopt delegated acts, but only as referred to in Article 4(4) and Article 5(4). The Council position does not empower the Commission to adapt the period of validity of the Community licence (Article 4(2)), as the Commission had proposed. |
| --- | --- |

37.

i)   Reporting and review (Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009)

| 38. | In order to allow the Commission to evaluate the functioning of the amended Regulations, the Council position reflects what the Parliament also asked for and provides clearer guidance on what the Commission is to report on, the time frame within which the Commission is expected to do so and which information Member States need to share with the Commission. |
| --- | --- |

38.

| 39. | In Regulation (EC) No 1071/2009, the essence of the Parliament’s amendments (amendments 156, 157, 158, 159, 160, 161 and 162) has been retained in Article 26. The Council also agrees with the Parliament’s proposal (amendment 163) to have a detailed report drawn up on the administrative cooperation between Member States. |
| --- | --- |

39.

| 40. | As proposed by the Parliament (amendment 182), the Council agrees that Member States are to inform the Commission of their national enforcement strategies under Regulation (EC) No 1072/2009 (Article 17(3)). The Council also agrees with the Parliament (amendment 183) that the Commission should draw up a report on the state of the Community road transport market (Article 17(4)). |
| --- | --- |

40.

| 41. | The Council agrees with the Parliament to include a review clause for both Regulations. |
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41.

j)   Other elements of the Council position:

| (a) | the third subparagraph of Article 11(4) of Regulation (EC) No 1071/2009 is deleted, as this has become obsolete; |
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(a)

the third subparagraph of Article 11(4) of Regulation (EC) No 1071/2009 is deleted, as this has become obsolete;

| (b) | a clarification is added in Annex IV of Regulation (EC) No 1071/2009; |
| --- | --- |

(b)

a clarification is added in Annex IV of Regulation (EC) No 1071/2009;

| (c) | in Article 4 of Regulation (EC) No 1072/2009, the Council position explains how light commercial vehicles need to be mentioned in the Community licence. |
| --- | --- |

(c)

in Article 4 of Regulation (EC) No 1072/2009, the Council position explains how light commercial vehicles need to be mentioned in the Community licence.

k)   Other Commission proposals or Parliament amendments not included in the Council position at first reading

| 42. | These include in particular:






  (a) | a reference to the carriage of empty containers or pallets in Article 1 of Regulation (EC) No 1072/2009; |
| --- | --- | --- |

42.

(a)

a reference to the carriage of empty containers or pallets in Article 1 of Regulation (EC) No 1072/2009;

| (b) | a change to the definition of ‘cabotage operation’ in Article 2 of Regulation (EC) No 1072/2009; |
| --- | --- |

(b)

a change to the definition of ‘cabotage operation’ in Article 2 of Regulation (EC) No 1072/2009;

| (c) | a definition of ‘transit’ in Regulation (EC) No 1072/2009 (amendment 167), as this aspect is covered under the proposal laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector; |
| --- | --- |

(c)

a definition of ‘transit’ in Regulation (EC) No 1072/2009 (amendment 167), as this aspect is covered under the proposal laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector;

| (d) | the proposal from the Parliament (amendment 58) that being equipped with smart tachographs should be one of the requirements for a Community licence (Article 4 of Regulation (EC) No 1072/2009), as this aspect is covered under the proposal amending Regulation (EU) No 165/2014 as regards positioning by means of tachographs; |
| --- | --- |

(d)

the proposal from the Parliament (amendment 58) that being equipped with smart tachographs should be one of the requirements for a Community licence (Article 4 of Regulation (EC) No 1072/2009), as this aspect is covered under the proposal amending Regulation (EU) No 165/2014 as regards positioning by means of tachographs;

| (e) | amendment 172 of the Parliament to Article 9 of Regulation (EC) No 1072/2009 as regards remuneration and paid annual leave, as this aspect is covered under the proposal laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector. |
| --- | --- |

(e)

amendment 172 of the Parliament to Article 9 of Regulation (EC) No 1072/2009 as regards remuneration and paid annual leave, as this aspect is covered under the proposal laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector.

IV.   CONCLUSION

| 43. | The Council’s position at first reading fully reflects the compromise reached in the negotiations between the Council and the European Parliament, facilitated by the Commission. This compromise is confirmed by the letter of the Chair of the European Parliament’s TRAN Committee to the Chair of the Permanent Representatives Committee (23 January 2020). In this letter, the Chair indicates that she will recommend to the members of the TRAN Committee, and subsequently to the plenary, that they accept the Council’s position at first reading without amendments at Parliament’s second reading, subject to verification by the lawyer-linguists of both institutions. |
| --- | --- |

43.

| 44. | The Council therefore believes that its position at first reading represents a balanced result and that, once adopted, the amended Regulations will improve the functioning of the single market in road transport and will contribute to ensuring a level playing field in the road transport sector thanks to further clarification of the rules and improved cooperation between authorities, which will ensure better control and enforcement. |
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44.

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(1)  15084/18.

(2)  15085/19.

(3)  5424/20 + ADD 1-4.

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