# Official Journal C 62E/2009

| | ISSN 1725-2423 |
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| Official Journal
  of the European Union | C 62E |
| | |
| English edition | Information and Notices | Volume 5217 March 2009 |

ISSN 1725-2423

Official Journal

of the European Union

C 62E

English edition

Information and Notices

Volume 5217 March 2009

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| Notice No | Contents | page |
| --- | --- | --- |
| | III   Preparatory Acts |
| | COUNCIL |
| 2009/C 062E/01 | Common Position (EC) No 5/2009 of 9 January 2009 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Regulation of the European Parliament and of the Council 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 (
  1
  ) | 1 |
| 2009/C 062E/02 | Common Position (EC) No 6/2009 of 9 January 2009 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Regulation of the European Parliament and of the Council on common rules for access to the international market for coach and bus services (recast) (
  1
  ) | 25 |
| 2009/C 062E/03 | Common Position (EC) No 7/2009 of 9 January 2009 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Regulation of the European Parliament and of the Council on common rules for access to the international road haulage market (recast) (
  1
  ) | 46 |

Notice No

Contents

page

III   Preparatory Acts

COUNCIL

2009/C 062E/01

Common Position (EC) No 5/2009 of 9 January 2009 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Regulation of the European Parliament and of the Council 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 (
  1
  )

1

1

2009/C 062E/02

Common Position (EC) No 6/2009 of 9 January 2009 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Regulation of the European Parliament and of the Council on common rules for access to the international market for coach and bus services (recast) (
  1
  )

1

25

2009/C 062E/03

Common Position (EC) No 7/2009 of 9 January 2009 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Regulation of the European Parliament and of the Council on common rules for access to the international road haulage market (recast) (
  1
  )

1

46

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
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EN

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III Preparatory Acts

COUNCIL

| 17.3.2009 | EN | Official Journal of the European Union | CE 62/1 |
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17.3.2009

EN

Official Journal of the European Union

CE 62/1

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COMMON POSITION (EC) No 5/2009

adopted by the Council on 9 January 2009

with a view to the adoption of a Regulation (EC) No .../2009 of the European Parliament and of the Council of ... 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

(Text with EEA relevance)

(2009/C 62 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,

Having regard to the proposal from the Commission,

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

Having regard to the opinion of the European Data Protection Supervisor (2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | The completion of an internal market in road transport with fair conditions of competition requires the uniform application of common rules on admission to the occupation of road haulage operator or road passenger transport operator (the ‘occupation of road transport operator’). Such common rules will contribute to the achievement of a higher level of professional qualification for road transport operators, the rationalisation of the market and an improved quality of service, in the interests of road transport operators, their customers and the economy as a whole, together with improvements in road safety. They will also facilitate the effective exercise of the right of establishment by road transport operators. |
| --- | --- |

(1)

The completion of an internal market in road transport with fair conditions of competition requires the uniform application of common rules on admission to the occupation of road haulage operator or road passenger transport operator (the ‘occupation of road transport operator’). Such common rules will contribute to the achievement of a higher level of professional qualification for road transport operators, the rationalisation of the market and an improved quality of service, in the interests of road transport operators, their customers and the economy as a whole, together with improvements in road safety. They will also facilitate the effective exercise of the right of establishment by road transport operators.

| (2) | Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations (4) laid down minimum conditions governing admission to the occupation of road transport operator and the mutual recognition of the documents required in this connection. However, experience, an impact assessment and various studies show that that Directive is being applied inconsistently by Member States. Such disparities have several adverse consequences, in particular adistortion of competition and a lack of market transparency and of uniform monitoring, as well as the risk that undertakings employing staff with a low level of professional qualification may be negligent or less compliant with the rules on road safety and social welfare, which may harm the image of the sector. |
| --- | --- |

(2)

Council Directive 96/26/EC of 29 April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations (4) laid down minimum conditions governing admission to the occupation of road transport operator and the mutual recognition of the documents required in this connection. However, experience, an impact assessment and various studies show that that Directive is being applied inconsistently by Member States. Such disparities have several adverse consequences, in particular adistortion of competition and a lack of market transparency and of uniform monitoring, as well as the risk that undertakings employing staff with a low level of professional qualification may be negligent or less compliant with the rules on road safety and social welfare, which may harm the image of the sector.

| (3) | These consequences are all the more detrimental in that they are liable to disturb the smooth functioning of the internal market in road transport, since the market in the transport of international goods and certain cabotage operations is accessible to undertakings throughout the Community. The only condition imposed on such undertakings is that they have a Community licence, which can be obtained provided they satisfy the conditions governing admission to the occupation of road transport operator laid downin Regulation (EC) No .../2009 of the European Parliament and of the Council of ... on common rules for access to the international road haulage market (recast) (5) and Regulation (EC) No .../2009 of the European Parliament and of the Council of ... on common rules for access to the international market for coach and bus services (recast) (5). |
| --- | --- |

(3)

These consequences are all the more detrimental in that they are liable to disturb the smooth functioning of the internal market in road transport, since the market in the transport of international goods and certain cabotage operations is accessible to undertakings throughout the Community. The only condition imposed on such undertakings is that they have a Community licence, which can be obtained provided they satisfy the conditions governing admission to the occupation of road transport operator laid downin Regulation (EC) No .../2009 of the European Parliament and of the Council of ... on common rules for access to the international road haulage market (recast) (5) and Regulation (EC) No .../2009 of the European Parliament and of the Council of ... on common rules for access to the international market for coach and bus services (recast) (5).

| (4) | It is therefore appropriate to modernise the existing rules on admission to the occupation of road transport operator in order to ensure that those rules are applied more uniformly and effectively. Since compliance with those rules constitutes the main condition governing access to the Community market, and the applicable Community instruments in this field are Regulations, a Regulation would appear to be the most appropriate instrument to govern admission to the occupation of road transport operator. |
| --- | --- |

(4)

It is therefore appropriate to modernise the existing rules on admission to the occupation of road transport operator in order to ensure that those rules are applied more uniformly and effectively. Since compliance with those rules constitutes the main condition governing access to the Community market, and the applicable Community instruments in this field are Regulations, a Regulation would appear to be the most appropriate instrument to govern admission to the occupation of road transport operator.

| (5) | Member States should be allowed to adapt the conditions with which to comply in order to pursue the occupation of road transport operator in the outermost regions referred to in Article 299(2) of the Treaty because of the special characteristics of, and constraints in, those regions. However, the undertakings established in those regions which comply with the conditions to pursue the occupation of road transport operator only as a result of such adaptation should not be able to obtain a Community licence. The adaptation of the conditions to pursue the occupation of road transport operator should not hinder undertakings which would have been admitted to the occupation of road transport operator and which comply with the general conditions laid down in this Regulation from carrying out transport operations in the outermost regions. |
| --- | --- |

(5)

Member States should be allowed to adapt the conditions with which to comply in order to pursue the occupation of road transport operator in the outermost regions referred to in Article 299(2) of the Treaty because of the special characteristics of, and constraints in, those regions. However, the undertakings established in those regions which comply with the conditions to pursue the occupation of road transport operator only as a result of such adaptation should not be able to obtain a Community licence. The adaptation of the conditions to pursue the occupation of road transport operator should not hinder undertakings which would have been admitted to the occupation of road transport operator and which comply with the general conditions laid down in this Regulation from carrying out transport operations in the outermost regions.

| (6) | In the interests of fair competition, the common rules governing the exercise of the occupation of road transport operator should apply as widely as possible to all undertakings. However, it is unnecessary to include within the scope of this Regulation undertakings which only perform transport operations with a very small impact on the transport market. |
| --- | --- |

(6)

In the interests of fair competition, the common rules governing the exercise of the occupation of road transport operator should apply as widely as possible to all undertakings. However, it is unnecessary to include within the scope of this Regulation undertakings which only perform transport operations with a very small impact on the transport market.

| (7) | It should be the responsibility of the Member State of establishment to verify that an undertaking satisfies at all times the conditions laid down in this Regulation so that the competent authorities of that Member State are able, if necessary, to decide to suspend or withdraw the authorisations which allow that undertaking to operate on the market. Proper compliance with, and reliable monitoring of, the conditions governing admission to the occupation of road transport operator presuppose that undertakings have an effective and stable establishment. |
| --- | --- |

(7)

It should be the responsibility of the Member State of establishment to verify that an undertaking satisfies at all times the conditions laid down in this Regulation so that the competent authorities of that Member State are able, if necessary, to decide to suspend or withdraw the authorisations which allow that undertaking to operate on the market. Proper compliance with, and reliable monitoring of, the conditions governing admission to the occupation of road transport operator presuppose that undertakings have an effective and stable establishment.

| (8) | Natural persons with the requisite good repute and professional competence should be clearly identified and designated to the competent authorities. Such persons (‘transport managers’), should be those who effectively and continuously manage the transport activities of road transport undertakings. It is therefore appropriate to specify the conditions under which a person is considered to effectively and continuously manage the transport activities of an undertaking. |
| --- | --- |

(8)

Natural persons with the requisite good repute and professional competence should be clearly identified and designated to the competent authorities. Such persons (‘transport managers’), should be those who effectively and continuously manage the transport activities of road transport undertakings. It is therefore appropriate to specify the conditions under which a person is considered to effectively and continuously manage the transport activities of an undertaking.

| (9) | The good repute of transport managers is conditional on their not having been convicted of a serious criminal offence or not having incurred a penalty, for a serious infringement, in particular, of Community rules relating to road transport. A conviction or penalty incurred by a transport manager or a road transport undertaking in one or more Member States for the most serious infringements of Community rules should result in the loss of good repute provided that the competent authority has ascertained that a duly completed and documented investigation procedure granting essential procedural rights took place before its final decision and that appropriate rights of appeal were respected. |
| --- | --- |

(9)

The good repute of transport managers is conditional on their not having been convicted of a serious criminal offence or not having incurred a penalty, for a serious infringement, in particular, of Community rules relating to road transport. A conviction or penalty incurred by a transport manager or a road transport undertaking in one or more Member States for the most serious infringements of Community rules should result in the loss of good repute provided that the competent authority has ascertained that a duly completed and documented investigation procedure granting essential procedural rights took place before its final decision and that appropriate rights of appeal were respected.

| (10) | It is necessary for road transport undertakings to have a minimum financial standing to ensure their proper launching and administration. A bank guarantee or a professional liability insurance may constitute a simple and cost-efficient method of demonstrating the financial standing of undertakings. |
| --- | --- |

(10)

It is necessary for road transport undertakings to have a minimum financial standing to ensure their proper launching and administration. A bank guarantee or a professional liability insurance may constitute a simple and cost-efficient method of demonstrating the financial standing of undertakings.

| (11) | A high level of professional qualification should increase the socio-economic efficiency of the road transport sector. It is therefore appropriate that applicants for the post of transport manager should possess high-quality professional knowledge. In order to ensure greater uniformity of examinations and to promote a high quality of training, it is appropriate to provide that Member States may authorise examination and training centres according to criteria to be defined by them. Transport managers should possess the requisite knowledge for managing both national and international transport operations. The list of subjects of which knowledge is required in order to obtain a certificate of professional competence and the procedures for the organisation of examinations are likely to evolve with technical progress, and provision should be made for updating them. It should be possible for Member States to exempt from the examinations persons who can provide proof of continuous experience in managing transport activities. |
| --- | --- |

(11)

A high level of professional qualification should increase the socio-economic efficiency of the road transport sector. It is therefore appropriate that applicants for the post of transport manager should possess high-quality professional knowledge. In order to ensure greater uniformity of examinations and to promote a high quality of training, it is appropriate to provide that Member States may authorise examination and training centres according to criteria to be defined by them. Transport managers should possess the requisite knowledge for managing both national and international transport operations. The list of subjects of which knowledge is required in order to obtain a certificate of professional competence and the procedures for the organisation of examinations are likely to evolve with technical progress, and provision should be made for updating them. It should be possible for Member States to exempt from the examinations persons who can provide proof of continuous experience in managing transport activities.

| (12) | Fair competition and road transport that is fully compliant with the rules require a uniform level of monitoring by Member States. The national authorities responsible for monitoring undertakings and the validity of their authorisations have a crucial role to play in this respect, and it is appropriate to ensure that those authorities take suitable measures if necessary, in particular the suspension or withdrawal of authorisations or the declaration of unfitness of transport managers who are repeatedly negligent or who act in bad faith. |
| --- | --- |

(12)

Fair competition and road transport that is fully compliant with the rules require a uniform level of monitoring by Member States. The national authorities responsible for monitoring undertakings and the validity of their authorisations have a crucial role to play in this respect, and it is appropriate to ensure that those authorities take suitable measures if necessary, in particular the suspension or withdrawal of authorisations or the declaration of unfitness of transport managers who are repeatedly negligent or who act in bad faith.

| (13) | Better organised administrative cooperation between Member States would improve the effectiveness of the monitoring of undertakings operating in several Member States and would reduce administrative costs in the future. Electronic registers of undertakings interconnected throughout the Community, which comply with the Community rules on the protection of personal data, would facilitate such cooperation and reduce the costs involved in checks for both undertakings and administrations. National registers already exist in several Member States. Infrastructure has also been set up with a view to promoting interconnection between Member States. A more systematic use of electronic registers could therefore make a significant contribution to reducing the administrative costs of checks and to improving their effectiveness. |
| --- | --- |

(13)

Better organised administrative cooperation between Member States would improve the effectiveness of the monitoring of undertakings operating in several Member States and would reduce administrative costs in the future. Electronic registers of undertakings interconnected throughout the Community, which comply with the Community rules on the protection of personal data, would facilitate such cooperation and reduce the costs involved in checks for both undertakings and administrations. National registers already exist in several Member States. Infrastructure has also been set up with a view to promoting interconnection between Member States. A more systematic use of electronic registers could therefore make a significant contribution to reducing the administrative costs of checks and to improving their effectiveness.

| (14) | Some data contained in national electronic registers concerning infringements and penalties are personal. Member States should therefore take the measures necessary to ensure compliance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6), in particular with regard to the monitoring of the processing of personal data by public authorities, the right of data subjects to be provided with information, their right of access and their right to object. For the purposes of this Regulation, it would appear to be necessary to retain such data for at least two years to ensure that disqualified undertakings do not establish themselves in other Member States. |
| --- | --- |

(14)

Some data contained in national electronic registers concerning infringements and penalties are personal. Member States should therefore take the measures necessary to ensure compliance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6), in particular with regard to the monitoring of the processing of personal data by public authorities, the right of data subjects to be provided with information, their right of access and their right to object. For the purposes of this Regulation, it would appear to be necessary to retain such data for at least two years to ensure that disqualified undertakings do not establish themselves in other Member States.

| (15) | It is essential to gradually interconnect national electronic registers so as to enable information to be exchanged rapidly and efficiently between Member States and to guarantee that road transport operators are not tempted to commit, or to take the risk of committing, serious infringements in Member States other than their Member State of establishment. Interconnection of this kind entails the joint definition of the precise format of the data to be exchanged and the technical procedures for the exchange of that data. |
| --- | --- |

(15)

It is essential to gradually interconnect national electronic registers so as to enable information to be exchanged rapidly and efficiently between Member States and to guarantee that road transport operators are not tempted to commit, or to take the risk of committing, serious infringements in Member States other than their Member State of establishment. Interconnection of this kind entails the joint definition of the precise format of the data to be exchanged and the technical procedures for the exchange of that data.

| (16) | In order to ensure the efficient exchange of information between Member States, national contact points should be designated and certain common procedures relating as a minimum to time limits and the nature of the information to be forwarded, should be specified. |
| --- | --- |

(16)

In order to ensure the efficient exchange of information between Member States, national contact points should be designated and certain common procedures relating as a minimum to time limits and the nature of the information to be forwarded, should be specified.

| (17) | In order to facilitate freedom of establishment, the production of appropriate documents issued by a competent authority in the Member State where the transport manager used to reside should be accepted as sufficient proof of good repute for admission to the occupation of road transport operator in the Member State of establishement, provided that the persons concerned have not been declared unfit to pursue that occupation in other Member States. |
| --- | --- |

(17)

In order to facilitate freedom of establishment, the production of appropriate documents issued by a competent authority in the Member State where the transport manager used to reside should be accepted as sufficient proof of good repute for admission to the occupation of road transport operator in the Member State of establishement, provided that the persons concerned have not been declared unfit to pursue that occupation in other Member States.

| (18) | With regard to professional competence, in order to facilitate freedom of establishment, a single model certificate issued in accordance with this Regulation should be regarded as sufficient proof by the Member State of establishment. |
| --- | --- |

(18)

With regard to professional competence, in order to facilitate freedom of establishment, a single model certificate issued in accordance with this Regulation should be regarded as sufficient proof by the Member State of establishment.

| (19) | Closer monitoring of the application of this Regulation at Community level is required. This presupposes the forwarding to the Commission of regular reports, drawn up on the basis of national registers, on the good repute, financial standing and professional competence of undertakings in the road transport sector. |
| --- | --- |

(19)

Closer monitoring of the application of this Regulation at Community level is required. This presupposes the forwarding to the Commission of regular reports, drawn up on the basis of national registers, on the good repute, financial standing and professional competence of undertakings in the road transport sector.

| (20) | Member States should provide for penalties applicable to infringements of this Regulation. Such penalties should be effective, proportionate and dissuasive. |
| --- | --- |

(20)

Member States should provide for penalties applicable to infringements of this Regulation. Such penalties should be effective, proportionate and dissuasive.

| (21) | Since the objective of this Regulation, namely the modernisation of the rules governing admission to the occupation of road transport operator in order to ensure that those rules are applied more uniformly and effectively in the Member States, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective. |
| --- | --- |

(21)

Since the objective of this Regulation, namely the modernisation of the rules governing admission to the occupation of road transport operator in order to ensure that those rules are applied more uniformly and effectively in the Member States, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.

| (22) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7). |
| --- | --- |

(22)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7).

| (23) | In particular, the Commission should be empowered to draw up a list of categories, types and degrees of seriousness of infringements leading to the loss of good repute of road transport operators, to adapt to technical progress Annexes I, II and III to this Regulation concerning the knowledge to be taken into consideration for the recognition of professional competence by the Member States and the model certificate of professional competence, and to draw up a list of infringements which in addition to those set out in Annex IV to this Regulation may lead to the loss of good repute. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation inter alia by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. |
| --- | --- |

(23)

In particular, the Commission should be empowered to draw up a list of categories, types and degrees of seriousness of infringements leading to the loss of good repute of road transport operators, to adapt to technical progress Annexes I, II and III to this Regulation concerning the knowledge to be taken into consideration for the recognition of professional competence by the Member States and the model certificate of professional competence, and to draw up a list of infringements which in addition to those set out in Annex IV to this Regulation may lead to the loss of good repute. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation inter alia by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

| (24) | Directive 96/26/EC should be repealed, |
| --- | --- |

(24)

Directive 96/26/EC should be repealed,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

1.   This Regulation governs admission to, and the pursuit of, the occupation of road transport operator.

2.   This Regulation shall apply to all undertakings established in the Community which are engaged in the occupation of road transport operator. It shall also apply to undertakings which intend to engage in the occupation of road transport operator. References to undertakings engaged in the occupation of road transport operator shall, as appropriate, be considered to include a reference to undertakings intending to engage in such occupation.

3.   As regards the regions referred to in Article 299(2) of the Treaty, the Member States concerned may adapt the conditions to be complied with in order to pursue the occupation of road transport operator, insofar as operations are fully carried out in those regions by undertakings established there.

4.   By way of derogation from paragraph 2, this Regulation, unless otherwise provided for in national law, shall not apply to:

| (a) | undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden weight of which does not exceed 3,5 tonnes. Member States may, however, lower this limit for all or some categories of road transport operations; |
| --- | --- |

(a)

undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden weight of which does not exceed 3,5 tonnes. Member States may, however, lower this limit for all or some categories of road transport operations;

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

(b)

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

| (c) | undertakings engaged in the occupation of road transport operator solely by means of motor vehicles with a maximum authorised speed not exceeding 40 km/h. |
| --- | --- |

(c)

undertakings engaged in the occupation of road transport operator solely by means of motor vehicles with a maximum authorised speed not exceeding 40 km/h.

5.   Member States may exempt from the application of all or some of the provisions of this Regulation road transport operators engaged exclusively in national transport operations having only a minor impact on the transport market because of:

| (a) | the nature of the goods carried; or |
| --- | --- |

(a)

the nature of the goods carried; or

| (b) | the short distances involved. |
| --- | --- |

(b)

the short distances involved.

Article 2

Definitions

For the purposes of this Regulation:

| 1) | ‘the occupation of road haulage operator’ shall mean the activity of any undertaking transporting goods for hire or reward by means either of motor vehicles or combinations of vehicles; |
| --- | --- |

1)

‘the occupation of road haulage operator’ shall mean the activity of any undertaking transporting goods for hire or reward by means either of motor vehicles or combinations of vehicles;

| 2) | ‘the occupation of road passenger transport operator’ shall mean the activity of any undertaking operating, by means of motor vehicles so constructed and equipped as to be suitable for carrying more than nine persons, including the driver, and intended for that purpose, passenger transport services for the public or for specific categories of users in return for payment by the person transported or by the transport organiser; |
| --- | --- |

2)

‘the occupation of road passenger transport operator’ shall mean the activity of any undertaking operating, by means of motor vehicles so constructed and equipped as to be suitable for carrying more than nine persons, including the driver, and intended for that purpose, passenger transport services for the public or for specific categories of users in return for payment by the person transported or by the transport organiser;

| 3) | ‘the occupation of road transport operator’ shall mean the occupation of road passenger transport operator or the occupation of road haulage operator; |
| --- | --- |

3)

‘the occupation of road transport operator’ shall mean the occupation of road passenger transport operator or the occupation of road haulage operator;

| 4) | ‘undertaking’ shall mean any natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such personality, engaged in the transport of passengers, or any natural or legal person engaged in the transport of freight with a commercial purpose; |
| --- | --- |

4)

‘undertaking’ shall mean any natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such personality, engaged in the transport of passengers, or any natural or legal person engaged in the transport of freight with a commercial purpose;

| 5) | ‘transport manager’ shall mean a natural person employed by an undertaking or, if that undertaking is a natural person, that person or, where provided for, another natural person designated by that undertaking by means of a contract, who effectively and continuously manages the transport activities of that undertaking; |
| --- | --- |

5)

‘transport manager’ shall mean a natural person employed by an undertaking or, if that undertaking is a natural person, that person or, where provided for, another natural person designated by that undertaking by means of a contract, who effectively and continuously manages the transport activities of that undertaking;

| 6) | ‘authorisation to pursue the occupation of road transport operator’ shall mean an administrative decision which authorises an undertaking which satisfies the conditions laid down in this Regulation to pursue the occupation of road transport operator; |
| --- | --- |

6)

‘authorisation to pursue the occupation of road transport operator’ shall mean an administrative decision which authorises an undertaking which satisfies the conditions laid down in this Regulation to pursue the occupation of road transport operator;

| 7) | ‘competent authority’ shall mean a national, regional or local authority in a Member State which, for the purpose of authorising the pursuit of the occupation of road transport operator, verifies whether an undertaking satisfies the conditions laid down in this Regulation, and which is empowered to grant, suspend or withdraw an authorisation to pursue the occupation of road transport operator; |
| --- | --- |

7)

‘competent authority’ shall mean a national, regional or local authority in a Member State which, for the purpose of authorising the pursuit of the occupation of road transport operator, verifies whether an undertaking satisfies the conditions laid down in this Regulation, and which is empowered to grant, suspend or withdraw an authorisation to pursue the occupation of road transport operator;

| 8) | ‘Member State of establishment’ shall mean the Member State in which an undertaking is established, regardless of whether its transport manager originates from another country. |
| --- | --- |

8)

‘Member State of establishment’ shall mean the Member State in which an undertaking is established, regardless of whether its transport manager originates from another country.

Article 3

Requirements to be engaged in the occupation of road transport operator

1.   Undertakings engaged in the occupation of road transport operator shall:

| (a) | have an effective and stable establishment in a Member State; |
| --- | --- |

(a)

have an effective and stable establishment in a Member State;

| (b) | be of good repute; |
| --- | --- |

(b)

be of good repute;

| (c) | have appropriate financial standing; |
| --- | --- |

(c)

have appropriate financial standing;

| (d) | have the requisite professional competence. |
| --- | --- |

(d)

have the requisite professional competence.

2.   Member States may decide to impose additional requirements, which shall be proportionate and non-discriminatory, to be satisfied by undertakings in order to engage in the occupation of road transport operator.

Article 4

Transport manager

1.   An undertaking which engages in the occupation of road transport operator shall designate at least one natural person, the transport manager, who satisfies the requirements set out in Article 3(1)(b) and (d) and who:

| (a) | effectively and continuously manages the transport activities of the undertaking; |
| --- | --- |

(a)

effectively and continuously manages the transport activities of the undertaking;

| (b) | has a genuine link to the undertaking, such as being an employee, director, owner or shareholder or administering it, or, if the undertaking is a natural person, is that person; and |
| --- | --- |

(b)

has a genuine link to the undertaking, such as being an employee, director, owner or shareholder or administering it, or, if the undertaking is a natural person, is that person; and

| (c) | is resident in the Community. |
| --- | --- |

(c)

is resident in the Community.

2.   If an undertaking does not satisfy the requirement as to professional competence laid down in Article 3(1)(d), the competent authority may authorise it to engage in the occupation of road transport operator without a transport manager designated in accordance with paragraph 1 of this Article, provided that:

| (a) | the undertaking designates a natural person residing in the Community who satisfies the requirements laid down in Article 3(1)(b) and (d), and who is entitled under contract to carry out duties as transport manager on behalf of the undertaking; |
| --- | --- |

(a)

the undertaking designates a natural person residing in the Community who satisfies the requirements laid down in Article 3(1)(b) and (d), and who is entitled under contract to carry out duties as transport manager on behalf of the undertaking;

| (b) | the contract linking the undertaking with the person referred to in point (a) specifies the tasks to be performed on an effective and continuous basis by that person, and indicates his or her responsibilities as transport manager. The tasks to be specified shall comprise, in particular, those relating to vehicle maintenance management, verification of transport contracts and documents, basic accounting, the assignment of loads or services to drivers and vehicles, and the verification of safety procedures; |
| --- | --- |

(b)

the contract linking the undertaking with the person referred to in point (a) specifies the tasks to be performed on an effective and continuous basis by that person, and indicates his or her responsibilities as transport manager. The tasks to be specified shall comprise, in particular, those relating to vehicle maintenance management, verification of transport contracts and documents, basic accounting, the assignment of loads or services to drivers and vehicles, and the verification of safety procedures;

| (c) | in his or her capacity as transport manager, the person referred to in point (a) may manage the transport activities of up to four different undertakings carried out with a combined maximum total fleet of 50 vehicles. Member States may decide to lower the number of undertakings and/or the size of the total fleet of vehicles which that person may manage; and |
| --- | --- |

(c)

in his or her capacity as transport manager, the person referred to in point (a) may manage the transport activities of up to four different undertakings carried out with a combined maximum total fleet of 50 vehicles. Member States may decide to lower the number of undertakings and/or the size of the total fleet of vehicles which that person may manage; and

| (d) | the person referred to in point (a) performs the specified tasks solely in the interests of the undertaking and his or her responsibilities are exercised independently of any undertakings for which the undertaking carries out transport operations. |
| --- | --- |

(d)

the person referred to in point (a) performs the specified tasks solely in the interests of the undertaking and his or her responsibilities are exercised independently of any undertakings for which the undertaking carries out transport operations.

3.   Member States may decide that a transport manager designated in accordance with paragraph 1 may not in addition be designated in accordance with paragraph 2, or may only be so designated in respect of a limited number of undertakings or a fleet of vehicles that is smaller than that referred to in paragraph 2(c).

4.   The undertaking shall notify the competent authority of the transport manager or managers designated.

CHAPTER II

CONDITIONS TO BE MET TO SATISFY THE REQUIREMENTS LAID DOWN IN ARTICLE 3

Article 5

Conditions relating to the requirement as to establishment

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

| (a) | have an establishment situated in that Member State with premises in which it can make available, upon request, to the competent authority its business documents, in particular its accounting documents, personnel management documents, documents containing data relating to driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation. Member States may require that establishments on their territory have such documents available at their premises at any time; |
| --- | --- |

(a)

have an establishment situated in that Member State with premises in which it can make available, upon request, to the competent authority its business documents, in particular its accounting documents, personnel management documents, documents containing data relating to driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation. Member States may require that establishments on their territory have such documents available at their premises at any time;

| (b) | once an authorisation is granted, have at its disposal one or more vehicles which are registered or otherwise put into circulation in conformity with the legislation of that Member State, whether those vehicles are wholly owned or, for example, held under a hire purchase agreement or a hire or leasing contract; |
| --- | --- |

(b)

once an authorisation is granted, have at its disposal one or more vehicles which are registered or otherwise put into circulation in conformity with the legislation of that Member State, whether those vehicles are wholly owned or, for example, held under a hire purchase agreement or a hire or leasing contract;

| (c) | conduct its operations effectively and continuously and with the necessary equipment at an operating centre situated in that Member State. |
| --- | --- |

(c)

conduct its operations effectively and continuously and with the necessary equipment at an operating centre situated in that Member State.

Article 6

Conditions relating to the requirement as to good repute

1.   Subject to paragraph 2 of this Article, Member States shall determine the conditions to be met by undertakings and transport managers in order to satisfy the requirement as to good repute laid down in Article 3(1)(b).

In determining whether an undertaking has satisfied that requirement, Members States shall consider the conduct of the undertaking, its transport managers 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 or infringements of the undertaking itself, its transport managers and any other relevant person as may be determined by the Member State.

The conditions referred to in the first subparagraph shall include at least the following:

| (a) | that there are no compelling grounds for doubting the good repute of the transport manager or the transport undertaking, such as convictions or penalties for any serious infringement of national rules in force in the fields of:






  (i) | commercial law, |
| --- | --- | --- |

(a)

that there are no compelling grounds for doubting the good repute of the transport manager or the transport undertaking, such as convictions or penalties for any serious infringement of national rules in force in the fields of:

(i)

commercial law,

| (ii) | insolvency law, |
| --- | --- |

(ii)

insolvency law,

| (iii) | pay and employment conditions in the profession, |
| --- | --- |

(iii)

pay and employment conditions in the profession,

| (iv) | road traffic, |
| --- | --- |

(iv)

road traffic,

| (v) | professional liability; and |
| --- | --- |

(v)

professional liability; and

| (b) | that the transport manager or the transport undertaking has not in one or more Member States been convicted of a serious criminal offence or incurred a penalty for a serious infringement of Community rules relating in particular to:






  (i) | the driving time and rest periods of drivers, working time and the installation and use of recording equipment; |
| --- | --- | --- |

(b)

that the transport manager or the transport undertaking has not in one or more Member States been convicted of a serious criminal offence or incurred a penalty for a serious infringement of Community rules relating in particular to:

(i)

the driving time and rest periods of drivers, working time and the installation and use of recording equipment;

| (ii) | the maximum weights and dimensions of commercial vehicles used in international traffic; |
| --- | --- |

(ii)

the maximum weights and dimensions of commercial vehicles used in international traffic;

| (iii) | the initial qualification and continuous training of drivers; |
| --- | --- |

(iii)

the initial qualification and continuous training of drivers;

| (iv) | the roadworthiness of commercial vehicles, including the compulsory technical inspection of motor vehicles; |
| --- | --- |

(iv)

the roadworthiness of commercial vehicles, including the compulsory technical inspection of motor vehicles;

| (v) | access to the market in international road haulage or, as appropriate, access to the market in road passenger transport; |
| --- | --- |

(v)

access to the market in international road haulage or, as appropriate, access to the market in road passenger transport;

| (vi) | safety in the carriage of dangerous goods by road; |
| --- | --- |

(vi)

safety in the carriage of dangerous goods by road;

| (vii) | the installation and use of speed-limiting devices in certain categories of vehicle; |
| --- | --- |

(vii)

the installation and use of speed-limiting devices in certain categories of vehicle;

| (viii) | the driving licence; |
| --- | --- |

(viii)

the driving licence;

| (ix) | admission to the occupation; |
| --- | --- |

(ix)

admission to the occupation;

| (x) | animal transport. |
| --- | --- |

(x)

animal transport.

2.   For the purposes of point (b) of the third subparagraph of paragraph 1:

| (a) | Where the transport manager or the transport undertaking has in one or more Member States been convicted of a serious criminal offence or incurred a penalty for one of the most serious infringements of Community rules as set out in Annex IV, the competent authority of the Member State of establishment shall carry out in an appropriate and timely manner a duly completed administrative procedure, which shall include, if appropriate, a check at the premises of the undertaking concerned.
  The procedure shall determine whether, due to specific circumstances, the loss of good repute would constitute a disproportionate response in the individual case. Any such finding shall be duly reasoned and justified.
  If the competent authority finds that the loss of good repute would constitute a disproportionate response, it may decide that good repute is unaffected. In such case, the reasons shall be recorded in the national register. The number of such decisions shall be indicated in the report referred to in Article 26(1).
  If the competent authority does not find that the loss of good repute would constitute a disproportionate response, the conviction or penalty shall lead to the loss of good repute; |
| --- | --- |

(a)

Where the transport manager or the transport undertaking has in one or more Member States been convicted of a serious criminal offence or incurred a penalty for one of the most serious infringements of Community rules as set out in Annex IV, the competent authority of the Member State of establishment shall carry out in an appropriate and timely manner a duly completed administrative procedure, which shall include, if appropriate, a check at the premises of the undertaking concerned.

The procedure shall determine whether, due to specific circumstances, the loss of good repute would constitute a disproportionate response in the individual case. Any such finding shall be duly reasoned and justified.

If the competent authority finds that the loss of good repute would constitute a disproportionate response, it may decide that good repute is unaffected. In such case, the reasons shall be recorded in the national register. The number of such decisions shall be indicated in the report referred to in Article 26(1).

If the competent authority does not find that the loss of good repute would constitute a disproportionate response, the conviction or penalty shall lead to the loss of good repute;

| (b) | the Commission shall draw up a list of categories, types and degrees of seriousness of infringements of Community rules 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).
  Those measures, designed to amend non-essential elements of this Regulation by supplementing it and which relate to this list, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
  To this end, the Commission shall:






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

(b)

the Commission shall draw up a list of categories, types and degrees of seriousness of infringements of Community rules 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).

Those measures, designed to amend non-essential elements of this Regulation by supplementing it and which relate to this list, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

To this end, the Commission shall:

(i)

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

| (ii) | define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries; and |
| --- | --- |

(ii)

define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries; and

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

(iii)

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

3.   The requirement laid down in Article 3(1)(b) shall not be satisfied until a rehabilitation measure or any other measure having an equivalent effect has been taken pursuant to the relevant provisions of national law.

Article 7

Conditions relating to the requirement as to financial standing

1.   In order to satisfy the requirement laid downin Article 3(1)(c), an undertaking shall at all times be able to meet its financial obligations in the course of the annual accounting year. To this end, the undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal capital and reserves totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used.

For the purposes of this Regulation, the value of the euro in the currencies of Member States which do not participate in the third stage of the European Monetary Union shall be fixed every five years. The rates to be applied shall be those obtained on the first working day of October and published in the Official Journal of the European Union. They shall have effect from 1 January of the following calendar year.

The accounting items referred to in the first subparagraph shall be understood as those defined in Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54(3)(g) of the Treaty on the annual accounts of certain types of companies (8).

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 such as a professional liability insurance from one or more banks or other financial institutions including insurance companies, providing a joint and several guarantee for the undertaking in respect of the amounts specified in the first subparagraph of paragraph 1. Member States may decide that the guarantee may be called in with the agreement of the competent authority which authorised the pursuit of the occupation of road transport operator, and that it may not be released without the agreement of that authority.

3.   The annual accounts referred to in paragraph 1, and the guarantee referred to in paragraph 2, which are to be verified, are those of the economic entity established in the Member State in which an authorisation has been applied for and not those of any other entity established in any other Member State.

Article 8

Conditions relating to the requirement as to professional competence

1.   In order to satisfy the requirement laid down in Article 3(1)(d), the person or persons concerned shall possess knowledge corresponding to the level provided for in Part I of Annex I in the subjects listed therein. That knowledge shall be demonstrated by means of a compulsory written examination which, if a Member State so decides, may be supplemented by an oral examination. Those examinations shall be organised in accordance with Part II of Annex I. To this end, Member States may decide to impose training prior to the examination.

2.   Only the authorities or bodies duly authorised for this purpose by a Member State, in accordance with criteria defined by it, may organise and certify the written and oral examinations referred to in paragraph 1. Member States shall regularly verify that the conditions under which those authorities or bodies organise the examinations are in accordance with Annex I.

3.   Member States may duly authorise, in accordance with criteria defined by them, bodies to provide applicants with high-quality training to prepare them for the examinations and transport managers with continuous training to update their knowledge if they wish to do so.

4.   A Member State may exempt the holders of certain higher education qualifications or technical education qualifications issued in that Member State, specifically designated to this end and entailing knowledge of all the subjects listed in Annex I from the examination in the subjects covered by those qualifications. The exemption shall only apply to those sections of Part I of Annex I for which the qualification covers all subjects listed under the heading of each section.

A Member State may exempt from specified parts of the examinations holders of certificates of professional competence valid for national transport operations in that Member State.

5.   A certificate issued by the authority or body referred to in paragraph 2 shall be produced as proof of professional competence. That certificate shall not be transferable to any other person. It shall be drawn up in accordance with the security features and the model certificate set out in Annexes II and III and shall bear the seal of the duly authorised authority or body which issued it.

6.   The Commission shall adapt Annexes I, II and III to technical progress. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

7.   The Commission shall encourage and facilitate exchange of experience and information between Member States, or through any body it may designate, concerning training, examinations and authorisations.

Article 9

Exemption from examination

Member States may decide to exempt from the examinations referred to in Article 8(1) persons who provide proof that they have continuously managed a road haulage undertaking or a road passenger transport undertaking in a Member State for the period of 15 years before ... (9).

CHAPTER III

AUTHORISATION AND MONITORING

Article 10

Competent authorities

1.   Each Member State shall designate one or more competent authorities to ensure the correct implementation of this Regulation. Those competent authorities shall be empowered to:

| (a) | examine applications made by undertakings; |
| --- | --- |

(a)

examine applications made by undertakings;

| (b) | grant authorisations to engage in the occupation of road transport operator, and suspend or withdraw such authorisations; |
| --- | --- |

(b)

grant authorisations to engage in the occupation of road transport operator, and suspend or withdraw such authorisations;

| (c) | declare a natural person to be unfit to manage the transport activities of an undertaking in the capacity of transport manager; |
| --- | --- |

(c)

declare a natural person to be unfit to manage the transport activities of an undertaking in the capacity of transport manager;

| (d) | carry out the requisite checks to verify whether an undertaking satisfies the requirements laid down in Article 3. |
| --- | --- |

(d)

carry out the requisite checks to verify whether an undertaking satisfies the requirements laid down in Article 3.

2.   The competent authorities shall publish all the conditions laid down pursuant to this Regulation, any other national provisions, the procedures to be followed by interested applicants and the corresponding explanations.

Article 11

Examination and registration of applications

1.   A transport undertaking which complies with the requirements laid down in Article 3 shall, upon application, be authorised to engage in the occupation of road transport operator. The competent authority shall ascertain that an undertaking which submits an application satisfies the requirements laid down in that Article. Member States may, in appropriate national legislation, specify the duration of authorisations to engage in the occupation of road transport operator.

The assessment of an application may result in the issue of a Community licence in accordance with Regulations (EC) No .../2009 and (EC) No .../2009. A Member State may issue an authorisation other than a Community licence for undertakings which only perform transport operations within the territory of that Member State.

2.   The competent authority shall record in the national electronic register referred to in Article 16 the data relating to undertakings which it authorises and which are referred to in points (a) to (d) of the first subparagraph of Article 16(2).

3.   The time limit for the examination of an application for authorisation by a competent authority shall be as short as possible and shall not exceed three months from the date on which the competent authority receives all documents necessary to assess the application. The competent authority may extend this time limit for an additional two months in duly justified cases.

4.   Until 31 December 2012, the competent authority shall verify, in the case of any doubt when assessing the good repute of an undertaking, whether at the time of application the designated transport manager or managers are declared, in one of the Member States, unfit to manage the transport activities of an undertaking pursuant to Article 14.

From 1 January 2013, when assessing the good repute of an undertaking, the competent authority shall verify, by accessing the data referred to in point (f) of the first subparagraph of Article 16(2), either by direct secure access to the relevant part of the national registers or by request, whether at the time of the application the designated transport manager or managers are declared, in one of the Member States, unift to manage the transport activities of an undertaking pursuant to Article 14.

Measures designed to amend non-essential elements of this Regulation and relating to a postponement for a maximum of three years of the dates referred to in this paragraph shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

5.   Undertakings with an authorisation to engage in the occupation of road transport operator shall, within a period of 28 days or less, as determined by the Member State of establishment, notify the competent authority which granted the authorisation of any changes to the data referred to in paragraph 2.

Article 12

Checks

1.   The competent authorities shall 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. To that end, Member States shall carry out checks targeting those undertakings which are classed as posing an increased risk. For that purpose, Member States shall extend the risk classification system established by them pursuant to Article 9 of Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities (10) to cover all infringements specified in Article 6 of this Regulation.

2.   Until 31 December 2014, Member States shall carry out checks at least every five years to verify that undertakings fulfil the requirements laid down in Article 3.

Measures designed to amend non-essential elements of this Regulation and relating to a postponement of the date referred to in the first subparagraph shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

3.   Member States shall carry out individual checks to verify whether an undertaking meets the conditions governing admission to the occupation of road transport operator whenever the Commission so requests in duly motivated cases. It shall inform the Commission of the results of such checks and of the measures taken if it is established that the undertaking no longer fulfils the requirements laid down in this Regulation.

Article 13

Procedure for the suspension and withdrawal of authorisations

1.   If the competent authority establishes that an undertaking runs the risk of no longer fulfilling the requirements laid down in Article 3, it shall notify the undertaking thereof. If the competent authority establishes that one or more of those requirements is no longer satisfied, it may set one of the following time limits for the undertaking to rectify the situation:

| (a) | a time limit not exceeding six months, which may be extended by six months in the event of the death or physical incapacity of the transport manager, for the recruitment of a replacement transport manager where the transport manager no longer satisfies the requirement as to good repute or professional competence; |
| --- | --- |

(a)

a time limit not exceeding six months, which may be extended by six months in the event of the death or physical incapacity of the transport manager, for the recruitment of a replacement transport manager where the transport manager no longer satisfies the requirement as to good repute or professional competence;

| (b) | a time limit not exceeding six months where the undertaking has to rectify the situation by demonstrating that it has an effective and stable establishment; |
| --- | --- |

(b)

a time limit not exceeding six months where the undertaking has to rectify the situation by demonstrating that it has an effective and stable establishment;

| (c) | a time limit not exceeding six months where the requirement as to financial standing is not satisfied, in order to demonstrate that that requirement will again be satisfied on a permanent basis. |
| --- | --- |

(c)

a time limit not exceeding six months where the requirement as to financial standing is not satisfied, in order to demonstrate that that requirement will again be satisfied on a permanent basis.

2.   The competent authority may require an undertaking whose authorisation has been suspended or withdrawn to ensure that its transport managers have passed the examinations referred to in Article 8(1) prior to any rehabilitation measure being taken.

3.   If the competent authority establishes that the undertaking no longer satisfies one or more of the requirements laid down in Article 3, it shall suspend or withdraw the authorisation to engage in the occupation of road transport operator within the time limits referred to in paragraph 1 of this Article.

Article 14

Declaration of unfitness of the transport manager

1.   Where a transport manager loses good repute in accordance with Article 6, the competent authority shall declare that transport manager unfit to manage the transport activities of an undertaking.

2.   Unless and until a rehabilitation measure is taken in accordance with the relevant provisions of national law, the certificate of professional competence of the transport manager declared to be unfit, referred to in Article 8(5) shall no longer be valid in any Member State.

Article 15

Decisions of the competent authorities and appeals

1.   Negative decisions taken by the competent authorities of the Member States pursuant to this Regulation, including the rejection of an application, the suspension or withdrawal of an existing authorisation and a declaration of unfitness of a transport manager, shall state the reasons on which they are based.

Such decisions shall take account of available information concerning infringements committed by the undertaking or the transport manager which are such as to detract from the good repute of the undertaking and of any other information at the disposal of the competent authority. They shall specify the rehabilitation measures applicable in the event of the suspension of an authorisation or a declaration of unfitness.

2.   Member States shall take steps to ensure that the undertakings and persons concerned have the possibility of appealing the decisions referred to in paragraph 1 to at least one independent and impartial body or a court of law.

CHAPTER IV

SIMPLIFICATION AND ADMINISTRATIVE COOPERATION

Article 16

National electronic registers

1.   For the purposes of the implementation of this Regulation, and in particular Articles 11 to 14 and Article 26 thereof, each Member State shall keep a national electronic register of road transport undertakings which have been authorised by a competent authority designated by it to engage in the occupation of road transport operator. The data contained in that register shall be processed under the supervision of a public authority designated for that purpose. The relevant data contained in the national electronic register shall be accessible to all the competent authorities of the Member State in question.

By 1 June 2009, the Commission shall issue guidelines on minimum requirements for the data to be entered in the national electronic register from the date of its setting in order to facilitate the future interconnection of registers. It may recommend the inclusion of the vehicle registration marks in addition to the data referred to in paragraph 2.

2.   National electronic registers shall contain at least the following data:

| (a) | the name and legal form of the undertaking; |
| --- | --- |

(a)

the name and legal form of the undertaking;

| (b) | the address of its establishment; |
| --- | --- |

(b)

the address of its establishment;

| (c) | the names of the transport managers designated to meet the conditions as to good repute and professional competence or, as appropriate, the name of a legal representative; |
| --- | --- |

(c)

the names of the transport managers designated to meet the conditions as to good repute and professional competence or, as appropriate, the name of a legal representative;

| (d) | the type of authorisation, the number of vehicles it covers and, where appropriate, the serial number of the Community licence and of the certified copies; |
| --- | --- |

(d)

the type of authorisation, the number of vehicles it covers and, where appropriate, the serial number of the Community licence and of the certified copies;

| (e) | the number, category and type of serious infringements, as referred to in Article 6(1)(b), which have resulted in a conviction or penalty during the last two years; |
| --- | --- |

(e)

the number, category and type of serious infringements, as referred to in Article 6(1)(b), which have resulted in a conviction or penalty during the last two years;

| (f) | the name of any person declared to be unfit to manage the transport activities of an undertaking, as long as the good repute of that person has not been re-established pursuant to Article 6(3), and the rehabilitation measures applicable. |
| --- | --- |

(f)

the name of any person declared to be unfit to manage the transport activities of an undertaking, as long as the good repute of that person has not been re-established pursuant to Article 6(3), and the rehabilitation measures applicable.

For the purposes of point (e), Member States may, by 31 December 2015, choose to include in the national electronic register only the most serious infringements set out in Annex IV.

Member States may choose to keep the data referred to in points (e) and (f) of the first subparagraph in separate registers. In such a case, the relevant data shall be available upon request or directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within 30 working days of receipt of the request.

In any case, the data referred to in points (e) and (f) of the first subparagraph shall only be accessible to authorities other than the competent authorities if they are duly endowed with powers relating to supervision and the imposition of penalties in the road transport sector and their officials are sworn to, or otherwise are under a formal obligation of, secrecy.

3.   Data concerning an undertaking whose authorisation has been suspended or withdrawn shall remain in the national electronic register for two years from the expiry of the suspension or the withdrawal of the licence, and shall thereafter be immediately removed.

Data concerning any person declared to be unfit for the occupation of road transport operator shall remain in the national electronic register as long as the good repute of that person has not been re-established pursuant to Article 6(3). Where such a rehabilitation measure or any other measure having an equivalent effect is taken, the data shall be immediately removed.

The data referred to in the first and second subparagraphs shall specify the reasons for the suspension or withdrawal of the authorisation or the declaration of unfitness, as appropriate, and the corresponding duration.

4.   Member States shall take all necessary measures to ensure that all the data contained in the national electronic register is kept up-to-date and is accurate, in particular the data referred to in points (e) and (f) of the first subparagraph of paragraph 2.

5.   Without prejudice to paragraphs 1 and 2, Member States shall take all necessary measures to ensure that the national electronic registers are accessible throughout the Community through the national contact points defined in Article 18. Accessibility through national contact points shall be implemented by 31 December 2012 in such a way that a competent authority of any Member State is able to consult the national electronic register of any Member State.

6.   Common rules concerning the implementation of paragraph 5, such as the format of the data exchanged, the technical procedures for electronic consultation of the national electronic registers of the other Member States and the promotion of the interoperability of these registers with other relevant data bases, shall be adopted by the Commission in accordance with the procedure referred to in Article 25(2). Those common rules shall determine which authority is responsible for access to data and further use and updating of data after access and, to this effect, shall include rules on data logging and data monitoring.

7.   Measures designed to amend non-essential elements of this Regulation and relating to a postponement of the time limits referred to in paragraphs 1 and 5 shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).

Article 17

Protection of personal data

With regard to the application of Directive 95/46/EC, Member States shall ensure in particular that:

| (a) | all persons are informed when data relating to them is recorded or is planned to be forwarded to third parties. The information provided shall specify the identity of the authority responsible for processing the data, the type of data processed and the reasons for such action; |
| --- | --- |

(a)

all persons are informed when data relating to them is recorded or is planned to be forwarded to third parties. The information provided shall specify the identity of the authority responsible for processing the data, the type of data processed and the reasons for such action;

| (b) | all persons have a right of access to data relating to them held by the authority responsible for processing that data. That right shall be exercisable without constraint, at reasonable intervals and without excessive delay or cost for the applicant; |
| --- | --- |

(b)

all persons have a right of access to data relating to them held by the authority responsible for processing that data. That right shall be exercisable without constraint, at reasonable intervals and without excessive delay or cost for the applicant;

| (c) | all persons whose data is incomplete or inaccurate have the right to have that data rectified, erased or blocked; |
| --- | --- |

(c)

all persons whose data is incomplete or inaccurate have the right to have that data rectified, erased or blocked;

| (d) | all persons have the right to oppose, on compelling legitimate grounds, the processing of data relating to them. Where there is justified opposition, the processing may no longer involve that data. |
| --- | --- |

(d)

all persons have the right to oppose, on compelling legitimate grounds, the processing of data relating to them. Where there is justified opposition, the processing may no longer involve that data.

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 ... (11). The Commission shall draw up a list of all contact points and forward it to the Member States.

2.   Member States which exchange information in the framework of this Regulation shall use the national contact points designated pursuant to paragraph 1.

3.   Member States which exchange information concerning the infringements referred to in Article 6(2) or transport managers declared to be unfit shall comply with the procedure and time limits referred to in Article 13(1) of Regulation (EC) No .../2009 or, as appropriate, Article 23(1) of Regulation (EC) No .../2009. A Member State which receives notification of a serious infringement which has resulted in a conviction or a penalty in another Member State shall record that infringement in its national electronic register.

CHAPTER V

MUTUAL RECOGNITION OF CERTIFICATES AND OTHER DOCUMENTS

Article 19

Certificates of good repute and equivalent documents

1.   Without prejudice to Article 11(4), the Member State of establishment shall accept as sufficient proof of good repute for admission to the occupation of road transport operator the production of an extract from a judicial record or, failing that, an equivalent document issued by a competent judicial or administrative authority in the Member State where the transport manager used to reside.

2.   Where a Member State imposes on its own nationals certain conditions relating to good repute, and proof that these conditions are met cannot be provided by means of the document referred to in paragraph 1, that Member State shall accept as sufficient proof for nationals of other Member States a certificate issued by a competent judicial or administrative authority in the Member State(s) where the transport manager used to reside stating that these conditions have been met. Such certificate shall relate to the specific information taken into consideration in the Member State of establishment.

3.   If the document referred to in paragraph 1 or the certificate referred to in paragraph 2 has not been issued by the Member State(s) where the transport manager used to reside, that document or certifiacte may be replaced by a declaration on oath or by a solemn declaration made by the transport manager before a competent judicial or administrative authority or, where appropriate, before a notary in the Member State where the transport manager used to reside. Such authority or notary shall issue a certificate authenticating the declaration on oath or the solemn declaration.

4.   A document referred to in paragraph 1 and a certificate referred to in paragraph 2 shall not be accepted if produced more than three months after their date of issue. This condition shall also apply to a declaration made in accordance with paragraph 3.

Article 20

Certificates relating to financial standing

Where a Member State imposes on its nationals certain conditions relating to financial standing in addition to those set out in Article 7, that Member State shall accept as sufficient proof for nationals of other Member States a certificate issued by a competent authority in the Member State(s) where the transport manager used to reside stating that these conditions have been met. Such certificate shall relate to the specific information taken into consideration in the new Member State of establishment.

Article 21

Certificates of professional competence

1.   Member States shall recognise as sufficient proof of professional competence a certificate which complies with the model certificate set out in Annex III and which is issued by the authority or body duly authorised for that purpose.

2.   A certificate issued before ... (12) as proof of professional competence pursuant to the provisions in force until that date shall be deemed to be equivalent to a certificate which complies with the model certificate set out in Annex III and shall be recognised as proof of professional competence in all Member States. Member States may require that holders of certificates of professional competence valid only for national transport pass the examinations, or parts of the examinations, referred to in Article 8(1).

CHAPTER VI

FINAL PROVISIONS

Article 22

Penalties

1.   Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation, and shall take all the measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by ... (11) at the latest and shall notify it without delay of any subsequent amendment affecting them. Member States shall ensure that all such measures are applied without discrimination as to the nationality or place of establishment of the undertaking.

2.   The penalties referred to in paragraph 1 shall include, in particular, suspension of the authorisation to engage in the occupation of road transport operator, withdrawal of such authorisation and a declaration of unfitness of the transport manager.

Article 23

Transitional provisions

Undertakings which before ... (9) have an authorisation to engage in the occupation of road transport operator shall comply with the provisions of this Regulation by ... (13).

Article 24

Mutual assistance

The competent authorities of the Member States shall cooperate closely and shall give each other mutual assistance for the purposes of applying this Regulation. They shall exchange information on convictions and penalties for any serious infringements, and other specific information liable to have consequences for the pursuit of the occupation of road transport operator, in compliance with the provisions applicable to the protection of personal data.

Article 25

Committee procedure

1.   The Commission shall be assisted by the Committee set up by Article 18(1) of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (14).

2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 26

Reporting

1.   Every two years, Member States shall draw up a report on the activities of the competent authorities and shall forward it to the Commission. This report shall comprise:

| (a) | an overview of the sector with regard to good repute, financial standing and professional competence; |
| --- | --- |

(a)

an overview of the sector with regard to good repute, financial standing and professional competence;

| (b) | the number of authorisations granted by year and by type, those suspended, those withdrawn, the number of declarations of unfitness and the reasons on which those decisions were based; |
| --- | --- |

(b)

the number of authorisations granted by year and by type, those suspended, those withdrawn, the number of declarations of unfitness and the reasons on which those decisions were based;

| (c) | the number of certificates of professional competence issued each year; |
| --- | --- |

(c)

the number of certificates of professional competence issued each year;

| (d) | core statistics relating to the national electronic registers and their use by the competent authorities; and |
| --- | --- |

(d)

core statistics relating to the national electronic registers and their use by the competent authorities; and

| (e) | an overview of exchanges of information with other Member States, including in particular the annual number of established infringements notified to other Member States and the replies received pursuant to Article 18(2), as well as the annual number of requests and replies received pursuant to Article 18(3). |
| --- | --- |

(e)

an overview of exchanges of information with other Member States, including in particular the annual number of established infringements notified to other Member States and the replies received pursuant to Article 18(2), as well as the annual number of requests and replies received pursuant to Article 18(3).

2.   On the basis of the reports referred to in paragraph 1, the Commission shall, every two years, submit a report to the European Parliament and to the Council on the pursuit of the occupation of road transport operator. That report shall contain, in particular, an assessment of the operation of the exchange of information between Member States and a review of the functioning and data contained in the national electronic registers. It shall be published at the same time as the report referred to in Article 17 of 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 (15).

Article 27

List of competent authorities

Each Member State shall forward to the Commission by... (12) a list of competent authorities which it has designated to authorise the pursuit of the occupation of road transport operator and a list of the authorised authorities or bodies responsible for organising the examinations referred to in Article 8(1) and issuing the certificates. A consolidated list of those authorities and bodies throughout the Community shall be published by the Commission in the Official Journal of the European Union.

Article 28

Communication of national measures

Member States shall communicate to the Commission the text of the laws, regulations and administrative provisions which they adopt in the field governed by this Regulation no later than 30 days after their date of adoption and for the first time by ... (12).

Article 29

Repeal

Directive 96/26/EC is hereby repealed.

Article 30

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 with effect from ... (13).

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 151, 17.6.2008, p. 16.

1

(2)  OJ C 14, 19.1.2008, p. 1.

2

(3)  Opinion of the European Parliament of 21 May 2008 (not yet published in the OfficialJournal), Council Common Position of 9 January 2009 and Position of the European Parliament of ... (not yet published in the Official Journal). Council Decision of ...

3

(4)  OJ L 124, 23.5.1996, p. 1.

4

(5)  OJ L ...

5

(6)  OJ L 281, 23.11.1995, p. 31.

6

(7)  OJ L 184, 17.7.1999, p. 23.

7

(8)  OJ L 222, 14.8.1978, p. 11.

8

(9)  The date of entry into force of this Regulation.

9

(10)  OJ L 102, 11.4.2006, p. 35.

10

(11)  Two years from the entry into force of this Regulation.

11

(12)  Date of application of this Regulation.

12

(13)  Two years after after the entry into force of this Regulation.

13

(14)  OJ L 370, 31.12.1985, p. 8.

14

(15)  OJ L 102, 11.4.2006, p. 1.

15

---

ANNEX I

I.   LIST OF SUBJECTS REFERRED TO IN ARTICLE 8

The knowledge to be taken into consideration for the official recognition of professional competence by Member States must cover at least the subjects listed below for road haulage and road passenger transport respectively. In relation to these subjects, applicant road haulage and road passenger transport operators must have the levels of knowledge and practical aptitude necessary for the management of a transport undertaking.

The minimum level of knowledge, as indicated below, may not be below level 3 of the training-level structure laid down in the Annex to Decision 85/368/EEC (1), namely the level of knowledge acquired during the course of compulsory education, which is supplemented either by vocational training and supplementary technical training or by secondary school or other technical training.

A.   CIVIL LAW

The applicant must, in particular, in relation to road haulage and passenger transport:

| (1) | be familiar with the main types of contract used in road transport and with the rights and obligations arising therefrom; |
| --- | --- |

(1)

be familiar with the main types of contract used in road transport and with the rights and obligations arising therefrom;

| (2) | be capable of negotiating a legally valid transport contract, notably with regard to conditions of carriage; |
| --- | --- |

(2)

be capable of negotiating a legally valid transport contract, notably with regard to conditions of carriage;

in relation to road haulage:

| (3) | be able to consider a claim by his or her principal regarding compensation for loss of or damage to goods during transportation or for their late delivery, and to understand how such a claim affects his contractual liability; |
| --- | --- |

(3)

be able to consider a claim by his or her principal regarding compensation for loss of or damage to goods during transportation or for their late delivery, and to understand how such a claim affects his contractual liability;

| (4) | be familiar with the rules and obligations arising from the CMR Convention on the Contract for the International Carriage of Goods by Road; |
| --- | --- |

(4)

be familiar with the rules and obligations arising from the CMR Convention on the Contract for the International Carriage of Goods by Road;

in relation to road passenger transport:

| (5) | be able to consider a claim by his principal regarding compensation for injury to passengers or damage to their baggage caused by an accident during transportation, or regarding compensation for delays, and to understand how such a claim affects his contractual liability. |
| --- | --- |

(5)

be able to consider a claim by his principal regarding compensation for injury to passengers or damage to their baggage caused by an accident during transportation, or regarding compensation for delays, and to understand how such a claim affects his contractual liability.

B.   COMMERCIAL LAW

The applicant must, in particular, in relation to road haulage and passenger transport:

| (1) | be familiar with the conditions and formalities laid down for plying the trade, the general obligations incumbent upon transport operators (registration, record keeping, etc.) and the consequences of bankruptcy; |
| --- | --- |

(1)

be familiar with the conditions and formalities laid down for plying the trade, the general obligations incumbent upon transport operators (registration, record keeping, etc.) and the consequences of bankruptcy;

| (2) | have appropriate knowledge of the various forms of commercial companies and the rules governing their constitution and operation. |
| --- | --- |

(2)

have appropriate knowledge of the various forms of commercial companies and the rules governing their constitution and operation.

C.   SOCIAL LAW

The applicant must, in particular, in relation to road haulage and passenger transport, be familiar with the following:

| (1) | the role and function of the various social institutions which are concerned with road transport (trade unions, works councils, shop stewards, labour inspectors, etc.); |
| --- | --- |

(1)

the role and function of the various social institutions which are concerned with road transport (trade unions, works councils, shop stewards, labour inspectors, etc.);

| (2) | the employers' social security obligations; |
| --- | --- |

(2)

the employers' social security obligations;

| (3) | the rules governing work contracts for the various categories of worker employed by road transport undertakings (form of the contracts, obligations of the parties, working conditions and working hours, paid leave, remuneration, breach of contract, etc.); |
| --- | --- |

(3)

the rules governing work contracts for the various categories of worker employed by road transport undertakings (form of the contracts, obligations of the parties, working conditions and working hours, paid leave, remuneration, breach of contract, etc.);

| (4) | the rules applicable to driving time, rest periods and working time, and in particular the provisions of Regulation (EEC) No 3821/85, Regulation (EC) No 561/2006, Directive 2002/15/EC (2) and Directive 2006/22/EC, and the practical measures for applying those provisions; and |
| --- | --- |

(4)

the rules applicable to driving time, rest periods and working time, and in particular the provisions of Regulation (EEC) No 3821/85, Regulation (EC) No 561/2006, Directive 2002/15/EC (2) and Directive 2006/22/EC, and the practical measures for applying those provisions; and

| (5) | the rules applicable to the initial qualification and continuous training of drivers, and in particular those deriving from Directive 2003/59/EC (3). |
| --- | --- |

(5)

the rules applicable to the initial qualification and continuous training of drivers, and in particular those deriving from Directive 2003/59/EC (3).

D.   FISCAL LAW

The applicant must, in particular, in relation to road haulage and passenger transport, be familiar with the rules governing:

| (1) | Value Added Tax (VAT) on transport services; |
| --- | --- |

(1)

Value Added Tax (VAT) on transport services;

| (2) | motor-vehicle tax; |
| --- | --- |

(2)

motor-vehicle tax;

| (3) | the taxes on certain road haulage vehicles and tolls and infrastructure user charges; |
| --- | --- |

(3)

the taxes on certain road haulage vehicles and tolls and infrastructure user charges;

| (4) | income tax. |
| --- | --- |

(4)

income tax.

E.   BUSINESS AND FINANCIAL MANAGEMENT OF THE UNDERTAKING

The applicant must, in particular, in relation to road haulage and passenger transport:

| (1) | be familiar with the laws and practices regarding the use of cheques, bills of exchange, promissory notes, credit cards and other means or methods of payment; |
| --- | --- |

(1)

be familiar with the laws and practices regarding the use of cheques, bills of exchange, promissory notes, credit cards and other means or methods of payment;

| (2) | be familiar with the various forms of credit (bank credit, documentary credit, guarantee deposits, mortgages, leasing, renting, factoring, etc.) and the charges and obligations arising therefrom; |
| --- | --- |

(2)

be familiar with the various forms of credit (bank credit, documentary credit, guarantee deposits, mortgages, leasing, renting, factoring, etc.) and the charges and obligations arising therefrom;

| (3) | know what a balance sheet is, how it is set out and how to interpret it; |
| --- | --- |

(3)

know what a balance sheet is, how it is set out and how to interpret it;

| (4) | be able to read and interpret a profit and loss account; |
| --- | --- |

(4)

be able to read and interpret a profit and loss account;

| (5) | be able to assess the undertaking's profitability and financial position, in particular on the basis of financial ratios; |
| --- | --- |

(5)

be able to assess the undertaking's profitability and financial position, in particular on the basis of financial ratios;

| (6) | be able to prepare a budget; |
| --- | --- |

(6)

be able to prepare a budget;

| (7) | be familiar with the cost elements of the undertaking (fixed costs, variable costs, working capital, depreciation, etc.), and be able to calculate costs per vehicle, per kilometre, per journey or per tonne; |
| --- | --- |

(7)

be familiar with the cost elements of the undertaking (fixed costs, variable costs, working capital, depreciation, etc.), and be able to calculate costs per vehicle, per kilometre, per journey or per tonne;

| (8) | be able to draw up an organisation chart relating to the undertaking's personnel as a whole and to organise work plans, etc.; |
| --- | --- |

(8)

be able to draw up an organisation chart relating to the undertaking's personnel as a whole and to organise work plans, etc.;

| (9) | be familiar with the principles of marketing, publicity and public relations, including transport services, sales promotion and the preparation of customer files, etc.; |
| --- | --- |

(9)

be familiar with the principles of marketing, publicity and public relations, including transport services, sales promotion and the preparation of customer files, etc.;

| (10) | be familiar with the different types of insurance relating to road transport (liability, accidental injury/life insurance, non-life and luggage insurance) and the guarantees and obligations arising therefrom; |
| --- | --- |

(10)

be familiar with the different types of insurance relating to road transport (liability, accidental injury/life insurance, non-life and luggage insurance) and the guarantees and obligations arising therefrom;

| (11) | be familiar with the applications of electronic data transmission in road transport; |
| --- | --- |

(11)

be familiar with the applications of electronic data transmission in road transport;

in relation to road haulage:

| (12) | be able to apply the rules governing the invoicing of road haulage services and know the meaning and implications of Incoterms; |
| --- | --- |

(12)

be able to apply the rules governing the invoicing of road haulage services and know the meaning and implications of Incoterms;

| (13) | be familiar with the different categories of transport auxiliaries, their role, their functions and, where appropriate, their status; |
| --- | --- |

(13)

be familiar with the different categories of transport auxiliaries, their role, their functions and, where appropriate, their status;

in relation to road passenger transport:

| (14) | be able to apply the rules governing fares and pricing in public and private passenger transport; |
| --- | --- |

(14)

be able to apply the rules governing fares and pricing in public and private passenger transport;

| (15) | be able to apply the rules governing the invoicing of road passenger transport services. |
| --- | --- |

(15)

be able to apply the rules governing the invoicing of road passenger transport services.

F.   ACCESS TO THE MARKET

The applicant must, in particular, in relation to road haulage and passenger transport, be familiar with the following:

| (1) | the occupational regulations governing road transport for hire or reward, industrial vehicle rental and subcontracting, and in particular the rules governing the official organisation of the occupation, admission to the occupation, authorisations for intra-Community and extra-Community road transport operations, inspections and penalties; |
| --- | --- |

(1)

the occupational regulations governing road transport for hire or reward, industrial vehicle rental and subcontracting, and in particular the rules governing the official organisation of the occupation, admission to the occupation, authorisations for intra-Community and extra-Community road transport operations, inspections and penalties;

| (2) | the rules for setting up a road transport undertaking; |
| --- | --- |

(2)

the rules for setting up a road transport undertaking;

| (3) | the various documents required for operating road transport services and the introduction of checking procedures to ensure that the approved documents relating to each transport operation, and in particular those relating to the vehicle, the driver, the goods and luggage are kept both in the vehicle and on the premises of the undertaking; |
| --- | --- |

(3)

the various documents required for operating road transport services and the introduction of checking procedures to ensure that the approved documents relating to each transport operation, and in particular those relating to the vehicle, the driver, the goods and luggage are kept both in the vehicle and on the premises of the undertaking;

in relation to road haulage:

| (4) | the rules on the organisation of the market in road haulage services, as well as the rules on freight handling and logistics; |
| --- | --- |

(4)

the rules on the organisation of the market in road haulage services, as well as the rules on freight handling and logistics;

| (5) | border formalities, the role and scope of T documents and TIR carnets, and the obligations and responsibilities arising from their use; |
| --- | --- |

(5)

border formalities, the role and scope of T documents and TIR carnets, and the obligations and responsibilities arising from their use;

in relation to road passenger transport:

| (6) | the rules on the organisation of the market in road passenger transport; |
| --- | --- |

(6)

the rules on the organisation of the market in road passenger transport;

| (7) | the rules for introducing road passenger transport services and the drawing up of transport plans. |
| --- | --- |

(7)

the rules for introducing road passenger transport services and the drawing up of transport plans.

G.   TECHNICAL STANDARDS AND TECHNICAL ASPECTS OF OPERATION

The applicant must, in particular, in relation to road haulage and passenger transport:

| (1) | be familiar with the rules concerning the weights and dimensions of vehicles in the Member States and the procedures to be followed in the case of abnormal loads which constitute an exception to these rules; |
| --- | --- |

(1)

be familiar with the rules concerning the weights and dimensions of vehicles in the Member States and the procedures to be followed in the case of abnormal loads which constitute an exception to these rules;

| (2) | be able to choose vehicles and their components (chassis, engine, transmission system, braking system, etc.) in accordance with the needs of the undertaking; |
| --- | --- |

(2)

be able to choose vehicles and their components (chassis, engine, transmission system, braking system, etc.) in accordance with the needs of the undertaking;

| (3) | be familiar with the formalities relating to the type approval, registration and technical inspection of these vehicles; |
| --- | --- |

(3)

be familiar with the formalities relating to the type approval, registration and technical inspection of these vehicles;

| (4) | understand what measures must be taken to reduce noise and to combat air pollution by motor vehicle exhaust emissions; |
| --- | --- |

(4)

understand what measures must be taken to reduce noise and to combat air pollution by motor vehicle exhaust emissions;

| (5) | be able to draw up periodic maintenance plans for the vehicles and their equipment; |
| --- | --- |

(5)

be able to draw up periodic maintenance plans for the vehicles and their equipment;

in relation to road haulage:

| (6) | be familiar with the different types of cargo-handling and loading devices (tailboards, containers, pallets, etc.) and be able to introduce procedures and issue instructions for loading and unloading goods (load distribution, stacking, stowing, blocking and chocking, etc.); |
| --- | --- |

(6)

be familiar with the different types of cargo-handling and loading devices (tailboards, containers, pallets, etc.) and be able to introduce procedures and issue instructions for loading and unloading goods (load distribution, stacking, stowing, blocking and chocking, etc.);

| (7) | be familiar with the various techniques of ‘piggy-back’ and roll-on roll-off combined transport; |
| --- | --- |

(7)

be familiar with the various techniques of ‘piggy-back’ and roll-on roll-off combined transport;

| (8) | be able to implement procedures to comply with the rules on the carriage of dangerous goods and waste, notably those arising from Directive 94/55/EC (4), Directive 96/35/EC (5) and Regulation (EEC) No 259/93 (6); |
| --- | --- |

(8)

be able to implement procedures to comply with the rules on the carriage of dangerous goods and waste, notably those arising from Directive 94/55/EC (4), Directive 96/35/EC (5) and Regulation (EEC) No 259/93 (6);

| (9) | be able to implement procedures to comply with the rules on the carriage of perishable foodstuffs, notably those arising from the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (ATP); |
| --- | --- |

(9)

be able to implement procedures to comply with the rules on the carriage of perishable foodstuffs, notably those arising from the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (ATP);

| (10) | be able to implement procedures to comply with the rules on the transport of live animals. |
| --- | --- |

(10)

be able to implement procedures to comply with the rules on the transport of live animals.

H.   ROAD SAFETY

The applicant must, in particular, in relation to road haulage and passenger transport:

| (1) | know what qualifications are required for drivers (driving licence, medical certificates, certificates of fitness, etc.); |
| --- | --- |

(1)

know what qualifications are required for drivers (driving licence, medical certificates, certificates of fitness, etc.);

| (2) | be able to take the necessary steps to ensure that drivers comply with the traffic rules, prohibitions and restrictions in force in different Member States (speed limits, priorities, waiting and parking restrictions, use of lights, road signs, etc.); |
| --- | --- |

(2)

be able to take the necessary steps to ensure that drivers comply with the traffic rules, prohibitions and restrictions in force in different Member States (speed limits, priorities, waiting and parking restrictions, use of lights, road signs, etc.);

| (3) | be able to draw up instructions for drivers to check their compliance with the safety requirements concerning the condition of the vehicles, their equipment and cargo, and concerning preventive measures to be taken; |
| --- | --- |

(3)

be able to draw up instructions for drivers to check their compliance with the safety requirements concerning the condition of the vehicles, their equipment and cargo, and concerning preventive measures to be taken;

| (4) | be able to lay down procedures to be followed in the event of an accident and to implement appropriate procedures to prevent the recurrence of accidents or serious traffic offences; |
| --- | --- |

(4)

be able to lay down procedures to be followed in the event of an accident and to implement appropriate procedures to prevent the recurrence of accidents or serious traffic offences;

| (5) | be able to implement procedures to properly secure goods and be familiar with the corresponding techniques; |
| --- | --- |

(5)

be able to implement procedures to properly secure goods and be familiar with the corresponding techniques;

in relation to road passenger transport:

| (6) | have elementary knowledge of the layout of the road network in the Member States. |
| --- | --- |

(6)

have elementary knowledge of the layout of the road network in the Member States.

II.   ORGANISATION OF THE EXAMINATION

| 1. | Member States will organise a compulsory written examination which they may supplement by an optional oral examination to establish whether applicant road transport operators have achieved the required level of knowledge in the subjects listed in Part I and in particular their capacity to use the instruments and techniques relating to those subjects and to fulfil the corresponding executive and coordination duties.






  (a) | The compulsory written examination will involve two tests, namely:






  (i) | written questions consisting of either multiple choice questions (each with four possible answers), questions requiring direct answers or a combination of both systems, |
| --- | --- | --- | --- |

1.

Member States will organise a compulsory written examination which they may supplement by an optional oral examination to establish whether applicant road transport operators have achieved the required level of knowledge in the subjects listed in Part I and in particular their capacity to use the instruments and techniques relating to those subjects and to fulfil the corresponding executive and coordination duties.

(a)

The compulsory written examination will involve two tests, namely:

(i)

written questions consisting of either multiple choice questions (each with four possible answers), questions requiring direct answers or a combination of both systems,

| (ii) | written exercises/case studies. |
| --- | --- |

(ii)

written exercises/case studies.

The minimum duration of each test will be two hours.

| (b) | Where an oral examination is organised, Member States may stipulate that participation is subject to successful completion of the written examination. |
| --- | --- |

(b)

Where an oral examination is organised, Member States may stipulate that participation is subject to successful completion of the written examination.

| 2. | Where Member States also organise an oral examination, they must provide, in respect of each of the three tests, for a weighting of marks of a minimum of 25 % and a maximum of 40 % of the total number of marks to be given.
  Where Member States organise only a written examination, they must provide, in respect of each test, for a weighting of marks of a minimum of 40 % and a maximum of 60 % of the total number of marks to be given. |
| --- | --- |

2.

Where Member States also organise an oral examination, they must provide, in respect of each of the three tests, for a weighting of marks of a minimum of 25 % and a maximum of 40 % of the total number of marks to be given.

Where Member States organise only a written examination, they must provide, in respect of each test, for a weighting of marks of a minimum of 40 % and a maximum of 60 % of the total number of marks to be given.

| 3. | With regard to all the tests, applicants must obtain an average of at least 60 % of the total number of marks to be given, achieving in any given test not less than 50 % of the total number of marks possible. In one test only, a Member State may reduce that mark from 50 % to 40 %. |
| --- | --- |

3.

With regard to all the tests, applicants must obtain an average of at least 60 % of the total number of marks to be given, achieving in any given test not less than 50 % of the total number of marks possible. In one test only, a Member State may reduce that mark from 50 % to 40 %.

---

(1)  Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community (OJ L 199, 31.7.1985, p. 56).

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

(3)  Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers (OJ L 226, 10.9.2003, p. 4).

(4)  Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (OJ L 319, 12.12.1994, p. 7).

(5)  Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway (OJ L 145, 19.6.1996, p. 10).

(6)  Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ L 30, 6.2.1993, p. 1).

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ANNEX II

SECURITY FEATURES OF THE CERTIFICATE OF PROFESSIONAL COMPETENCE

The certificate must have at least two of the following security features:

| — | a hologram; |
| --- | --- |

—

a hologram;

| — | special fibres in the paper which become visible under UV-light; |
| --- | --- |

—

special fibres in the paper which become visible under UV-light;

| — | at least one microprint line (printing visible only with a magnifying glass and not reproduced by photocopying machines); |
| --- | --- |

—

at least one microprint line (printing visible only with a magnifying glass and not reproduced by photocopying machines);

| — | tactile characters, symbols or patterns; |
| --- | --- |

—

tactile characters, symbols or patterns;

| — | double numbering: serial number and issue number; |
| --- | --- |

—

double numbering: serial number and issue number;

| — | a security design background with fine guilloche patterns and rainbow printing. |
| --- | --- |

—

a security design background with fine guilloche patterns and rainbow printing.

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ANNEX III

Image

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ANNEX IV

MOST SERIOUS INFRINGEMENTS FOR THE PURPOSES OF ARTICLE 6(2)(a)

| 1. | (a) | Exceeding the maximum six-day or fortnightly driving time limits by margins of 25 % or more. |
| --- | --- | --- |

1.

(a)

Exceeding the maximum six-day or fortnightly driving time limits by margins of 25 % or more.

| (b) | Exceeding, during a daily working period, the maximum daily driving time limit by margin of 50 % or more without taking a break or without an uninterrupted rest period of at least 4,5 hours. |
| --- | --- |

(b)

Exceeding, during a daily working period, the maximum daily driving time limit by margin of 50 % or more without taking a break or without an uninterrupted rest period of at least 4,5 hours.

| 2. | Not having a tachograph and/or speed limiter, 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. |
| --- | --- |

2.

Not having a tachograph and/or speed limiter, 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.

| 3. | Driving without a valid roadworthiness certificate if such a document is required under Community law and/or driving with a very serious deficiency of, inter alia, the braking system, the steering linkages, the wheels/tyres, the suspension or chassis that would create such an immediate risk to road safety that it leads to a decision to immobilise the vehicle. |
| --- | --- |

3.

Driving without a valid roadworthiness certificate if such a document is required under Community law and/or driving with a very serious deficiency of, inter alia, the braking system, the steering linkages, the wheels/tyres, the suspension or chassis that would create such an immediate risk to road safety that it leads to a decision to immobilise the vehicle.

| 4. | Transporting dangerous goods that are prohibited for transport or transporting such goods in a prohibited or non-approved means of containment or without identifying them on the vehicle as dangerous goods, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle. |
| --- | --- |

4.

Transporting dangerous goods that are prohibited for transport or transporting such goods in a prohibited or non-approved means of containment or without identifying them on the vehicle as dangerous goods, thus endangering lives or the environment to such extent that it leads to a decision to immobilise the vehicle.

| 5. | Carrying passengers or goods without holding a valid driving licence or carrying by an undertaking not holding a valid Community licence. |
| --- | --- |

5.

Carrying passengers or goods without holding a valid driving licence or carrying by an undertaking not holding a valid Community licence.

| 6. | Driving with a driver card that has been falsified, or with a card of which the driver is not the holder, or which has been obtained on the basis of false declarations and/or forged documents. |
| --- | --- |

6.

Driving with a driver card that has been falsified, or with a card of which the driver is not the holder, or which has been obtained on the basis of false declarations and/or forged documents.

| 7. | Carrying goods exceeding the maximum permissible laden weight by 20 % or more for vehicles the permissible laden weight of which exceeds 12 tonnes, and by 25 % or more for vehicles the permissible laden weight of which does not exceed 12 tonnes. |
| --- | --- |

7.

Carrying goods exceeding the maximum permissible laden weight by 20 % or more for vehicles the permissible laden weight of which exceeds 12 tonnes, and by 25 % or more for vehicles the permissible laden weight of which does not exceed 12 tonnes.

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STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

The Commission presented the proposal for a Regulation of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator on 25 May 2007 as one of the three proposals of the so-called ‘Road Package’ (1).

On 21 May 2008, the European Parliament voted its opinion at 1st reading.

On 9 January 2009, the Council adopted its Common Position in accordance with Article 251 of the Treaty.

In carrying out its work, the Council took account of the opinions of the European Economic and Social Committee. The Committee of Regions decided not to give an opinion on the three proposals.

II.   ANALYSIS OF THE COMMON POSITION

1.   General

Following the ‘Conclusions on the contribution of the transport sector to the Lisbon strategy’ of the Spring 2007 European Council, the Commission decided to issue proposals to review the existing legislative framework on access to the profession of transport operator and access to the international road haulage market as well as to the international market for coach and bus services, in order to, inter alia, ensure that administrative burdens were appropriate and proportionate. As a whole, these new proposals seek to modernise, replace and merge provisions governing road transport operators and access to the road transport markets.

The Proposal for a Regulation on establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator aims at establishing uniform and enforceable provisions for the access to the profession of transport operator. Furthermore it will contribute to the achievement of the objectives of the Lisbon Strategy, since it will make for fairer competition within the sector and greater transparency for road transport customers. In the final analysis, it will contribute towards the provision of more efficient and better transport services. Given the dominant role of road transport in industry's production and distribution systems, it will contribute to boost the EU's competitiveness.

2.   Key policy issues

i)   Subject matter, scope and definitions

The Council followed largely the Commission proposal to clarify and streamline legal provisions. However, the Council specified that this Regulation shall not apply to road passenger transport services exclusively for non-commercial purposes or free of charge as well as to undertakings engaged in the occupation of road transport operator solely by means of motor vehicles which cannot exceed 40 km/h. The latter exemption was also proposed by the European Parliament. Furthermore, the Common Position foresees that Member States may exempt from the application of this Regulation road transport operators engaged exclusively in national transport operations having only a minor impact on the transport market because of the nature of the goods carried or the short distance involved.

The European Parliament followed largely the Commission proposal.

ii)   Transport manager

The Commission proposal specifies the links that the person with the required professional competence (‘the transport manager’) must have with the company for which he or she is supposed to run the transport business. That person must be employed and remunerated by the company.

Since that person is supposed to actually run the company's transport business on a permanent basis, he or she must bear the consequences of his or her decisions and consequently assume responsibility for infringements committed in connection with activities which he or she directs. This responsibility is defined for the purposes of this Regulation, but is without prejudice to any criminal or financial responsibility defined in the national legislation of a Member State. The possibility for owner-operators to use another transport manager (‘external’ ones) for qualification reasons is regulated, in particular to increase their independence with regard to bigger transport operators which entrust them with consignments, and thus protect them from the practice of disguised employment.

The Council followed in general the Commission proposal. However, the Common Position clarifies the differences between an ‘internal’ and an ‘external’ transport manager, notably in establishing different requirements to become a transport manage such as being a resident in the Community. The latter one is an independent person designated by an undertaking who manages, in the capacity of a transport manager, the transport activities, such as vehicle maintenance management, verification of transport contracts and documents, basic accounting, the assignment of loads or services to drivers and vehicles, and the verification of safety procedures. The external manager is allowed to manage up to four different undertakings carrying out transport operations with a combined maximum total fleet of 50 vehicles. In this context Member States may decide to lower the number of undertakings and/or the number of total fleet of vehicles. Furthermore, the Common Position forsees that Member States may prohibt or limit that an internal transport manager is also authorised as an external transport manager of another undertaking.

The European Parliament also followed closely the Commission proposal. However, like the Council, it clarified the genuine link between transport undertaking and (internal) transport manager. As regards the external transport manager the European Parliament proposed that the national competent authority shall decide on the maximum number of vehicles to be managed by the transport manager.

iii)   Conditions relating to the requirement as to establishment

The Commission proposal lays down common rules to ensure that only companies that are genuinely and stably established can be authorised to engage in the occupation of a transport manager. The aim is to ensure that all companies are subject to the same level of monitoring and to avoid situations where some are not monitored by the authorities in the Member States in which they are established. Moreover it is defined that companies are genuinely and stably established if they have an office, registered vehicles and an operating centre.

The Council followed the Commission proposal, except for the requirement to have a sufficient number of vehicle parking places for regular use by its vehicles, which was deleted.

The European Parliament followed largely the Commission's approach.

iv)   Conditions relating to the requirement as to good repute

The Commission proposal contains a list of serious infringements of Community rules which may lead to the loss of good repute even if committed in other Member States. It also indicates that repeated minor infringements may be regarded as serious. It grants the Commission implementing powers to draw up a common list of infringements, which is a precondition for any organised exchange of information between Member States and the definition of common thresholds for the withdrawal of authorisations.

The Council follows closely the Commission proposal. However, the Council deleted the reference to repeated minor infringements and added animal transport as one of the requirements which a transport manager or an undertaking has to respect. Furthermore, the Council clarifies the procedure consecutive to the most serious infringements as set out in Annex III, for which the Council deleted the possibility to be adapted by the comitology procedure. In this context, the Common Position entrusts competent authorities with the discretion to determine in the case of a most serious infringement, whether the loss of good repute would constitute a disproportionate response in a specific individual case.

The European Parliament followed largely the Commission proposal. However, like the Council, the European Parliament deleted the reference to repeated minor infringements. Moreover, the European Parliament sets 1 January 2010 as the deadline for the Commission to adopt a list of categories, types and degrees of seriousness of infringements which may lead to the loss of good repute.

v)   New indicators for measuring a company's financial standing

The Commission proposal introduces more precise indicators for measuring a company's financial standing. Companies or Member States can choose between two options: either the current assets and the ‘quick ratio’ (according to the terminology of the fourth accounting directive) established on the basis of the company's annual accounts have to comply with certain thresholds or the company has to provide proof of its financial standing by means of a bank guarantee. The financial indicators proposed are those commonly used in financial analysis to assess a company's ability to meet its short-term debts.

The Council deleted the reference to the ‘quick ratio’, but in return gave the operator the possibility to demonstrate its financial standing by means of a certificate such as a professional liability insurance from one or more banks or other financial institutions including insurance companies.

The European Parliament also decided to delete the reference to the ‘quick ratio’ and to allow that an insurance can be considered as proof for the company's financial standing. Moreover, the European Parliament proposed that capital resources shall be demonstrated by means of a certified trading balance sheet or a balance sheet for tax purposes. Persons applying for access to the profession of road transport operator for the first time must submit a certified opening balance sheet. Lastly, the European Parliament proposed to adapt the exchange rate for currencies on a yearly basis instead of every 5 years.

vi)   Conditions relating to the requirement as to professional competence

The Commission proposal introduces a common approach combining training and a compulsory examination to test professional competence applicable to all applicants, including those with professional experience and those holding a diploma. It also provides for a minimum system of accreditation for examination and training centres, and calls for the promotion of exchanges of experience between Member States in this area. Lastly, the possibility for Member States to make a distinction between the level of qualification according to whether or not international transport is involved is removed.

The Council deleted the provision related to compulsory training prior to becoming a transport manager. Furthermore, the Council's Common Position foresees that Member States may exempt the holders of certain higher education or technical education qualifications, issued in that Member State, from certain parts of the examination as well as holders of certificates of professional competence valid for national transport operations in that Member State. Finally, the Council introduced the possibility for Member States to exempt from the examination persons who have been continuously managing a road haulage undertaking or a road passenger transport undertaking in a Member State for the last 15 years.

The European Parliament also decided to delete the provision on compulsory training, but in return provided Member States with the possibility to promote regular training for transport managers. The European Parliament also accepted that Member States may exempt from the examination persons who have at least a 10-year continuous practical experience in a transport undertaking at management level. In order to prevent abuse, for instance in the form of ‘tourist examination’, the European Parliament foresees that a person should only sit the examination in the Member State of his/her residence. Furthermore, it is proposed that the criteria for the accreditation of the bodies for training and examination of transport manager applicants are mutually compatible. Finally, the European Parliament introduced the obligation for transport managers, after a five year period of professional absence, to undertake a retraining.

vii)   Authorisation and monitoring

The Commission proposal foresees to strengthen the role of the authorities designated by the Member States to check that companies meet the conditions laid down in the Regulation. The proposal introduces common principles designed to ensure greater transparency, comparability and, ultimately, credibility for the rules governing admission to the occupation. Moreover, the proposals establishes time limits to be complied with by those authorities when examining dossiers, and time-limits that may be granted to companies to rectify their situation before incurring a sanction. It also requires the competent authorities to warn companies which run the risk of no longer satisfying the conditions set out in the Regulation. The proposal sets out a gradual range of sanctions going from partial withdrawal of the authorisation to disqualification of the transport operator. As far checks are concerned, the proposal provides for targeted checks which Member States will carry out more frequently than the existing five-year checks.

Whilst following in principle the Commission proposal, the Council decided to introduce some provisions in order to streamline and simplify the governing principles. Member States may issue different authorisations for undertakings only performing national transport services. Member States may shorten the delay within which the undertaking has to inform about changes concerning the data used for the application of the authorisation. Furthermore, Member States have the possibility to extend the time limit for the examination of the application of an authorisation. Until 31 December 2012, the competent authority shall verify, in the case of any doubt, that the transport manager is not declared, in one of the Member States, unfit to manage the transport activity of an undertaking, whereas from 1 January 2013 the competent authority shall do this by accessing the national electronic registers. The Common Position also integrates the approach to adapt the periodicity of checks of undertakings to technical progress. Before 2015, Member States are obliged to carry out checks at least every five years, whereas from 2015 onwards checks will be preformed according to a risk classification system.

The European Parliament also introduced a couple of amendments to the Commission proposal. From 1 January 2012, a competent authority shall verify in case of doubt that the transport manager is not declared, in one of the Member States, unfit to manage the transport activity of an undertaking. As regards the periodicity of checks, the Commission may change the period of five years for regular checks in accordance with the regulatory procedure with scrutiny. Furthermore, Member States have the possibility to require training and an examination for the transport managers of the undertakings whose authorisation has been suspended or withdrawn. Finally, it is clarified that sanctions are only applicable to a transport manager if he or she is responsible for the respective infringements.

viii)   National electronic register

The Commission proposal calls for the introduction in each Member State of an electronic register of transport undertakings which should be interconnected throughout the Community by the end of 2010. It also provides for the designation of national contact points to be used for the exchange of information, and certain procedures to be followed.

The Council agreed in principle with the Commission proposal in establishing national electronic registers. However, some additional provisions were introduced. Until 1 June 2009, the Commission has to issue guidelines on the structure of the register. Member States need to establish their national register 24 months after the date of entry into force of the Regulation, i.e. 20 days after its publication. The national registers have to be interconnected until 31 December 2012. Member States have to include serious infringements into the national register only from 2016 onwards. Furthermore, all stipulated time limits can be modified and (if necessary) postponed by the comitology procedure. Finally, the Commission is invited to review the functioning and the elements of the national electronic registers in its report.

The Parliament proposes to have a public and a private section in the national electronic register. The latter being only accessible to the competent authorities under special conditions (i.e. endowed with specific powers in the road transport sphere and sworn officials). The Parliament further proposes to establish a register on transport managers. While the Parliament requests the inclusion of the vehicle registration mark of vehicles operating outside the Member State of establishment in the register, the Council Common Position foresees that the Commission may make, in 2009, a recommendation on the inclusion of the vehicle registration marks. Finally, the European Parliament proposes that the competent authority is responsible for updating and maintaining the electronic register.

3.   Other policy issues

The Council decided to replace the term ‘sanction’ by ‘penalty’.

The Council decided to delete the provisions concerning ‘prior rights’, i.e. to exempt undertakings which can provide proof that they were authorised in a Member State to engage in the occupation of road haulage operator or road passenger transport operator from providing proof that they have the professional competence.

The Council modified the provisions concerning the reporting obligations with a view to decreasing administrative burden.

The Council's Common Position foresees that the Regulation shall be applicable 24 months (instead of 18 months) after its entry into force.

The Council decided to precise Annex II by adding a series of security features, of which at least two have to be included in the documents.

The Council established Annex III setting out a list of the most serious infringements.

4.   Other amendments adopted by the European Parliament

Further amendments not included in the Common Position concern the:

| — | reference to secure data supports as a condition relating to the requirement for the establishment; |
| --- | --- |

—

reference to secure data supports as a condition relating to the requirement for the establishment;

| — | obligation that Member States inform the Commission about the certificates they recognise as proof of professional competence; |
| --- | --- |

—

obligation that Member States inform the Commission about the certificates they recognise as proof of professional competence;

| — | reference to archiving of data and data protection as Community rules whose non-respect could put into question the good repute of a transport manager; |
| --- | --- |

—

reference to archiving of data and data protection as Community rules whose non-respect could put into question the good repute of a transport manager;

| — | reference to an interdiction to transfer the certificate on the professional competence to legal persons; |
| --- | --- |

—

reference to an interdiction to transfer the certificate on the professional competence to legal persons;

| — | shortening of the time limits for an undertaking to replace a transport manager; |
| --- | --- |

—

shortening of the time limits for an undertaking to replace a transport manager;

| — | deletion of the possibility to postpone via the regulatory procedure with scrutiny the interconnection of the national registers; |
| --- | --- |

—

deletion of the possibility to postpone via the regulatory procedure with scrutiny the interconnection of the national registers;

| — | shortening of the time limits for an undertaking to demonstrate that it has an effective and stable establishment; |
| --- | --- |

—

shortening of the time limits for an undertaking to demonstrate that it has an effective and stable establishment;

| — | demand for a study on the possible inclusion of taxis into the scope of the Regulation; |
| --- | --- |

—

demand for a study on the possible inclusion of taxis into the scope of the Regulation;

| — | proposed date of 1 June 2009 for the application of the Regulation. |
| --- | --- |

—

proposed date of 1 June 2009 for the application of the Regulation.

III.   CONCLUSION

In establishing its Common Position, the Council has taken full account of the proposal of the Commission and the European Parliament's opinion at first reading. With respect to the amendments proposed by the European Parliament, the Council observes that a considerable number of amendments have — in spirit, partially or fully — already been included in its Common Position.

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(1)  The other 2 legislative proposals concern:

| — | Proposal for a Regulation of the European Parliament and of the Council on common rules for access to the international road haulage market (recast) |
| --- | --- |

—

Proposal for a Regulation of the European Parliament and of the Council on common rules for access to the international road haulage market (recast)

| — | a proposal for a Regulation of the European Parliament and of the Council on common rules for access to the market of coach and bus services (recast). |
| --- | --- |

—

a proposal for a Regulation of the European Parliament and of the Council on common rules for access to the market of coach and bus services (recast).

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| 17.3.2009 | EN | Official Journal of the European Union | CE 62/25 |
| --- | --- | --- | --- |

17.3.2009

EN

Official Journal of the European Union

CE 62/25

---

Common Position (EC) No 6/2009

adopted by the Council on 9 January 2009

with a view to the adoption of Regulation (EC) No .../2009 of the European Parliament and of the Council of ... on common rules for access to the international market for coach and bus services (recast)

(Text with EEA relevance)

(2009/C 62 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

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

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | A number of substantial changes are to be made to Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (3) and to Council Regulation (EC) No 12/98 of 11 December 1997 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (4). In the interests of clarity and simplification, those Regulations should be recast and incorporated into one single regulation. |
| --- | --- |

(1)

A number of substantial changes are to be made to Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (3) and to Council Regulation (EC) No 12/98 of 11 December 1997 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State (4). In the interests of clarity and simplification, those Regulations should be recast and incorporated into one single regulation.

| (2) | The establishment of a common transport policy entails, inter alia, laying down common rules applicable to the international carriage of passengers by road as well as the conditions under which non-resident carriers may operate national transport services within a Member State. |
| --- | --- |

(2)

The establishment of a common transport policy entails, inter alia, laying down common rules applicable to the international carriage of passengers by road as well as the conditions under which non-resident carriers may operate national transport services within a Member State.

| (3) | To ensure a coherent framework for the international carriage of passengers by coach and bus throughout the Community, this Regulation should apply to all international carriage on Community territory. Carriage from Member States to third countries is still largely covered by bilateral agreements between the Member States and those third countries. Therefore, this Regulation should not apply to that part of the journey within the territory of the Member State of picking up or setting down, as long as the necessary agreements between the Community and the third countries concerned have not been concluded. It should, however, apply to the territory of a Member State crossed in transit. |
| --- | --- |

(3)

To ensure a coherent framework for the international carriage of passengers by coach and bus throughout the Community, this Regulation should apply to all international carriage on Community territory. Carriage from Member States to third countries is still largely covered by bilateral agreements between the Member States and those third countries. Therefore, this Regulation should not apply to that part of the journey within the territory of the Member State of picking up or setting down, as long as the necessary agreements between the Community and the third countries concerned have not been concluded. It should, however, apply to the territory of a Member State crossed in transit.

| (4) | Freedom to provide services constitutes a basic principle of the common transport policy and requires that carriers from all Member States be guaranteed access to international transport markets without discrimination on grounds of nationality or place of establishment. |
| --- | --- |

(4)

Freedom to provide services constitutes a basic principle of the common transport policy and requires that carriers from all Member States be guaranteed access to international transport markets without discrimination on grounds of nationality or place of establishment.

| (5) | The international carriage of passengers by coach and bus should be conditional on the possession of a Community licence. Carriers should be required to carry a certified true copy of the Community licence aboard each of their vehicles, in order to facilitate effective controls by enforcement authorities, especially those outside the Member State in which the carrier is established. The conditions governing the issue and withdrawal of Community licences, their periods of validity and the detailed rules for their use should be determined. It is also necessary to lay down detailed specifications as regards the layout and other features of the Community licence and the certified copies thereof. |
| --- | --- |

(5)

The international carriage of passengers by coach and bus should be conditional on the possession of a Community licence. Carriers should be required to carry a certified true copy of the Community licence aboard each of their vehicles, in order to facilitate effective controls by enforcement authorities, especially those outside the Member State in which the carrier is established. The conditions governing the issue and withdrawal of Community licences, their periods of validity and the detailed rules for their use should be determined. It is also necessary to lay down detailed specifications as regards the layout and other features of the Community licence and the certified copies thereof.

| (6) | There should be provision for flexible arrangements subject to certain conditions for special regular services and certain occasional services, in order to satisfy market demand. |
| --- | --- |

(6)

There should be provision for flexible arrangements subject to certain conditions for special regular services and certain occasional services, in order to satisfy market demand.

| (7) | While maintaining authorisation arrangements for regular services, certain rules should be amended, particularly as regards authorisation procedures. |
| --- | --- |

(7)

While maintaining authorisation arrangements for regular services, certain rules should be amended, particularly as regards authorisation procedures.

| (8) | The authorisation for regular services should henceforth be granted subsequent to an authorisation procedure, unless there are clearly specified grounds for refusal attributable to the applicant. The grounds for refusal relating to the relevant market should be either that the service applied for would seriously affect the viability of a comparable service operated under one or more public service contracts on the direct sections concerned or that the principal purpose of the service is not to carry passengers between stops located in different Member States. |
| --- | --- |

(8)

The authorisation for regular services should henceforth be granted subsequent to an authorisation procedure, unless there are clearly specified grounds for refusal attributable to the applicant. The grounds for refusal relating to the relevant market should be either that the service applied for would seriously affect the viability of a comparable service operated under one or more public service contracts on the direct sections concerned or that the principal purpose of the service is not to carry passengers between stops located in different Member States.

| (9) | Non-resident carriers should be allowed to operate national road passenger services, but regard should be had to the specific characteristics of each form of service. When such cabotage operations are performed, they should be subject to Community legislation such as 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 (5) and to national law in force in specified areas in the host Member State. |
| --- | --- |

(9)

Non-resident carriers should be allowed to operate national road passenger services, but regard should be had to the specific characteristics of each form of service. When such cabotage operations are performed, they should be subject to Community legislation such as 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 (5) and to national law in force in specified areas in the host Member State.

| (10) | The provisions of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (6) apply to transport undertakings performing a cabotage operation. |
| --- | --- |

(10)

The provisions of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (6) apply to transport undertakings performing a cabotage operation.

| (11) | Where regular services are concerned, only regular services provided as part of a regular international service, excluding urban and suburban services, should be opened up to non-resident carriers, subject to certain conditions, and in particular to the legislation in force in the host Member State. |
| --- | --- |

(11)

Where regular services are concerned, only regular services provided as part of a regular international service, excluding urban and suburban services, should be opened up to non-resident carriers, subject to certain conditions, and in particular to the legislation in force in the host Member State.

| (12) | Member States should grant each other mutual assistance with a view to the sound application of this Regulation. |
| --- | --- |

(12)

Member States should grant each other mutual assistance with a view to the sound application of this Regulation.

| (13) | Administrative formalities should be reduced as far as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of this Regulation. To this end, the existing rules on the withdrawal of the Community licence should be clarified and strengthened. The current rules should be adapted to allow the effective sanctioning of serious infringements committed in a Member State other than the Member State of establishment. Penalties should be non-discriminatory and proportionate to the seriousness of the infringements. It should be possible to lodge an appeal in respect of any penalties imposed. |
| --- | --- |

(13)

Administrative formalities should be reduced as far as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of this Regulation. To this end, the existing rules on the withdrawal of the Community licence should be clarified and strengthened. The current rules should be adapted to allow the effective sanctioning of serious infringements committed in a Member State other than the Member State of establishment. Penalties should be non-discriminatory and proportionate to the seriousness of the infringements. It should be possible to lodge an appeal in respect of any penalties imposed.

| (14) | Member States should enter in their national electronic register of road transport undertakings all serious infringements attributable to carriers which have led to the imposition of a penalty. |
| --- | --- |

(14)

Member States should enter in their national electronic register of road transport undertakings all serious infringements attributable to carriers which have led to the imposition of a penalty.

| (15) | In order to facilitate and strengthen the exchange of information between national authorities, Member States should exchange the relevant information through the national contact points set up pursuant to Regulation (EC) No .../2009 of the European Parliament and of the Council of ... establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (7). |
| --- | --- |

(15)

In order to facilitate and strengthen the exchange of information between national authorities, Member States should exchange the relevant information through the national contact points set up pursuant to Regulation (EC) No .../2009 of the European Parliament and of the Council of ... establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (7).

| (16) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8). |
| --- | --- |

(16)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8).

| (17) | In particular, the Commission should be empowered to establish the format of certain documents to be used for the application of this Regulation and to adapt Annexes I and II of this Regulation to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. |
| --- | --- |

(17)

In particular, the Commission should be empowered to establish the format of certain documents to be used for the application of this Regulation and to adapt Annexes I and II of this Regulation to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

| (18) | Member States should take the necessary measures to implement this Regulation, in particular as regards effective, proportionate and dissuasive penalties. |
| --- | --- |

(18)

Member States should take the necessary measures to implement this Regulation, in particular as regards effective, proportionate and dissuasive penalties.

| (19) | Since the objective of this Regulation, namely to ensure a coherent framework for the international carriage of passengers by coach and bus throughout the Community, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective, |
| --- | --- |

(19)

Since the objective of this Regulation, namely to ensure a coherent framework for the international carriage of passengers by coach and bus throughout the Community, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Scope

1.   This Regulation shall apply to the international carriage of passengers by coach and bus within the territory of the Community by carriers for hire or reward or by own-account carriers established in a Member State in accordance with its law, using vehicles which are registered in that Member State and are suitable and intended, by virtue of their construction and equipment, to carry more than nine persons, including the driver, and to the movement of such vehicles empty in connection with such carriage.

A change of vehicle or an interruption of carriage to enable part of a journey to be made by another means of transport shall not affect the application of this Regulation.

2.   In the event of carriage from a Member State to a third country and vice versa, this Regulation shall apply to the part of the journey on the territory of any Member State crossed in transit. It shall not apply to that part of the journey within the territory of the Member State of picking up or setting down, as long as the necessary agreement between the Community and the third country concerned has not been concluded.

3.   Pending the conclusion of the agreements referred to in paragraph 2, this Regulation shall not affect provisions relating to the carriage from a Member State to a third country and vice-versa contained in bilateral agreements concluded between Member States and those third countries.

4.   This Regulation shall apply to national road passenger services for hire or reward operated on a temporary basis by a non-resident carrier as provided for in Chapter V.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

| 1) | ‘international carriage’ means:






  (a) | a journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States, with or without transit through one or more Member States or third countries; |
| --- | --- | --- |

1)

‘international carriage’ means:

(a)

a journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States, with or without transit through one or more Member States or third countries;

| (b) | a journey undertaken by a vehicle of which the point of departure and the point of arrival are in the same Member State, while the picking up or setting down of passengers is in another Member State or in a third country; |
| --- | --- |

(b)

a journey undertaken by a vehicle of which the point of departure and the point of arrival are in the same Member State, while the picking up or setting down of passengers is in another Member State or in a third country;

| (c) | a journey undertaken by a vehicle from a Member State to a third country or vice versa, with or without transit through one or more Member States or third countries; or |
| --- | --- |

(c)

a journey undertaken by a vehicle from a Member State to a third country or vice versa, with or without transit through one or more Member States or third countries; or

| (d) | a journey undertaken by a vehicle between third countries, with transit through the territory of one or more Member States; |
| --- | --- |

(d)

a journey undertaken by a vehicle between third countries, with transit through the territory of one or more Member States;

| 2) | ‘regular services’ means services which provide for the carriage of passengers at specified intervals along specified routes, passengers being picked up and set down at predetermined stopping points; |
| --- | --- |

2)

‘regular services’ means services which provide for the carriage of passengers at specified intervals along specified routes, passengers being picked up and set down at predetermined stopping points;

| 3) | ‘special regular services’ means regular services, by whomsoever organised, which provide for the carriage of specified categories of passengers to the exclusion of other passengers; |
| --- | --- |

3)

‘special regular services’ means regular services, by whomsoever organised, which provide for the carriage of specified categories of passengers to the exclusion of other passengers;

| 4) | ‘occasional services’ means services which do not fall within the definition of regular services, including special regular services, and the main characteristic of which is the carriage of groups of passengers constituted on the initiative of the customer or the carrier himself; |
| --- | --- |

4)

‘occasional services’ means services which do not fall within the definition of regular services, including special regular services, and the main characteristic of which is the carriage of groups of passengers constituted on the initiative of the customer or the carrier himself;

| 5) | ‘own-account transport operations’ means operations carried out for non-commercial and non-profit-making purposes by a natural or legal person, whereby:






  — | the transport activity is only an ancillary activity for that natural or legal person, and |
| --- | --- | --- |

5)

‘own-account transport operations’ means operations carried out for non-commercial and non-profit-making purposes by a natural or legal person, whereby:

—

the transport activity is only an ancillary activity for that natural or legal person, and

| — | the vehicles used are the property of that natural or legal person or have been obtained by them on deferred terms or have been the subject of a long-term leasing contract and are driven by a member of the staff of the natural or legal person or by the natural person himself or by personnel employed by, or put at the disposal of, the undertaking under a contractual obligation; |
| --- | --- |

—

the vehicles used are the property of that natural or legal person or have been obtained by them on deferred terms or have been the subject of a long-term leasing contract and are driven by a member of the staff of the natural or legal person or by the natural person himself or by personnel employed by, or put at the disposal of, the undertaking under a contractual obligation;

| 6) | ‘host Member State’ means a Member State in which a carrier operates other than the carrier's Member State of establishment; |
| --- | --- |

6)

‘host Member State’ means a Member State in which a carrier operates other than the carrier's Member State of establishment;

| 7) | ‘cabotage operations’ means either






  — | national road passenger services for hire and reward carried out on a temporary basis by a carrier in a host Member State, or |
| --- | --- | --- |

7)

‘cabotage operations’ means either

—

national road passenger services for hire and reward carried out on a temporary basis by a carrier in a host Member State, or

| — | the picking up and setting down of passengers within the same Member State, in the course of a regular international service, in compliance with the provisions of this Regulation, provided that it is not the principal purpose of the service; |
| --- | --- |

—

the picking up and setting down of passengers within the same Member State, in the course of a regular international service, in compliance with the provisions of this Regulation, provided that it is not the principal purpose of the service;

| 8) | ‘serious infringement of Community road transport legislation’ means an infringement which may lead to the loss of good repute in accordance with Article 6(1) and (2) of Regulation (EC) No .../2009, and/or to the temporary or permanent withdrawal of a Community licence. |
| --- | --- |

8)

‘serious infringement of Community road transport legislation’ means an infringement which may lead to the loss of good repute in accordance with Article 6(1) and (2) of Regulation (EC) No .../2009, and/or to the temporary or permanent withdrawal of a Community licence.

Article 3

Freedom to provide services

1.   Any carrier for hire or reward referred to in Article 1 shall be permitted in accordance with this Regulation to carry out regular services, including special regular services and occasional services by coach and bus, without discrimination on grounds of nationality or place of establishment if he:

| (a) | is authorised in the Member State of establishment to undertake carriage by means of regular services, including special regular services or occasional services by coach and bus, in accordance with the market access conditions laid down by national legislation; |
| --- | --- |

(a)

is authorised in the Member State of establishment to undertake carriage by means of regular services, including special regular services or occasional services by coach and bus, in accordance with the market access conditions laid down by national legislation;

| (b) | satisfies the conditions laid down in accordance with Community rules on admission to the occupation of road passenger transport operator in national and international transport operations; and |
| --- | --- |

(b)

satisfies the conditions laid down in accordance with Community rules on admission to the occupation of road passenger transport operator in national and international transport operations; and

| (c) | meets legal requirements regarding the standards for drivers and vehicles as laid down, in particular, in Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (9), Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (10) and Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers (11). |
| --- | --- |

(c)

meets legal requirements regarding the standards for drivers and vehicles as laid down, in particular, in Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (9), Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (10) and Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers (11).

2.   Any own-account carrier referred to in Article 1 shall be permitted to carry out the transport services pursuant to Article 5(5) without discrimination on grounds of nationality or place of establishment if he:

| (a) | is authorised in the Member State of establishment to undertake carriage by coach and bus in accordance with the market-access conditions laid down in national legislation; and |
| --- | --- |

(a)

is authorised in the Member State of establishment to undertake carriage by coach and bus in accordance with the market-access conditions laid down in national legislation; and

| (b) | meets legal requirements regarding the standards for drivers and vehicles as laid down, in particular, in Directives 92/6/EEC, 96/53/EC and 2003/59/EC. |
| --- | --- |

(b)

meets legal requirements regarding the standards for drivers and vehicles as laid down, in particular, in Directives 92/6/EEC, 96/53/EC and 2003/59/EC.

CHAPTER II

COMMUNITY LICENCE AND MARKET ACCESS

Article 4

Community licence

1.   International carriage of passengers by coach and bus shall be carried out subject to possession of a Community licence issued by the competent authorities of the Member State of establishment.

2.   The competent authorities of the Member State of establishment shall issue the holder with the original of the Community licence, which shall be kept by the carrier, and the number of certified true copies thereof corresponding to the number of vehicles used for the international carriage of passengers at the disposal of the holder of the Community licence, whether those vehicles are wholly owned, or held in another form, particularly under an instalment-purchase, hire or leasing contract.

The Community licence and the certified true copies thereof shall correspond to the model set out in Annex II. It shall contain at least two of the security features listed in Annex I.

The Commission shall adapt Annexes I and II to technical progress. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).

The Community licence and the certified true copies thereof shall bear the seal of the issuing authority as well as a signature and a serial number. The serial numbers of the Community licence and the certified true copies thereof shall be recorded in the national electronic register of road transport undertakings provided for in Article 16 of Regulation (EC) No .../2009 as part of the data relating to the carrier.

3.   The Community licence shall be issued in the name of the carrier and shall be non-transferable. A certified true copy of the Community licence shall be kept in each of the carrier's vehicles and shall be presented at the request of any authorised inspecting officer.

4.   The Community licence shall be issued for renewable periods of up to ten years.

Community licences and certified true copies thereof issued before the date of application of this Regulation shall remain valid until their date of expiry.

5.   Whenever an application for a Community licence is lodged, or a Community licence is renewed in accordance with paragraph 4 of this Article, the competent authorities of the Member State of establishment shall verify whether the carrier satisfies or continues to satisfy the conditions laid down in Article 3(1).

6.   Where the conditions referred to in Article 3(1) are not satisfied, the competent authorities of the Member State of establishment shall refuse to issue or renew or shall withdraw a Community licence by means of a reasoned decision.

7.   Member States shall guarantee the right of the applicant for, or holder of, a Community licence to appeal against a decision by the competent authorities of the Member State of establishment to refuse or withdraw this licence.

8.   Member States may decide that the Community licence shall also be valid for national transport operations.

Article 5

Access to the market

1.   Regular services shall be open to all, subject, where appropriate, to compulsory reservation.

Such services shall be subject to authorisation in accordance with the provisions of Chapter III.

Regular services from a Member State to a third country and vice versa shall be subject to authorisation in accordance with the bilateral agreement between the Member State and the third country and, where appropriate, the transited Member State, as long as the necessary agreement between the Community and the third country concerned has not been concluded.

The regular nature of the service shall not be affected by any adjustment to the service operating conditions.

The organisation of parallel or temporary services, serving the same public as existing regular services, the non-serving of certain stops and the serving of additional stops on existing regular services shall be governed by the same rules as those applicable to existing regular services.

2.   Special regular services shall include:

| (a) | the carriage of workers between home and work, |
| --- | --- |

(a)

the carriage of workers between home and work,

| (b) | the carriage of school pupils and students to and from the educational institution. |
| --- | --- |

(b)

the carriage of school pupils and students to and from the educational institution.

The fact that a special service may be varied according to the needs of users shall not affect its classification as a regular service.

Special regular services shall not be subject to authorisation in accordance with Chapter III where they are covered by a contract concluded between the organiser and the carrier.

3.   Occasional services shall not require authorisation in accordance with Chapter III.

However, the organisation of parallel or temporary services comparable to existing regular services and serving the same public as the latter shall be subject to authorisation in accordance with the procedure laid down in Chapter III.

Occasional services shall not cease to be occasional services solely on the grounds that they are provided at certain intervals.

Occasional services may be provided by a group of carriers acting on behalf of the same contractor, and travellers may catch a connection en route, with a different carrier of the same group, on the territory of a Member State.

The Commission shall establish the procedures for the names of such carriers and the connection points en route to be communicated to the competent authorities of the Member States concerned. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).

4.   Empty journeys by vehicles in connection with the transport operations referred to in the third subparagraph of paragraph 2, and in the first subparagraph of paragraph 3, shall likewise not require authorisation.

5.   Own-account transport operations shall be exempt from any system of authorisation but shall be subject to a system of certificates.

The certificates shall be issued by the competent authorities of the Member State in which the vehicle is registered and shall be valid for the entire journey including transit.

The Commission shall establish the format of the certificates. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).

CHAPTER III

REGULAR SERVICES SUBJECT TO AUTHORISATION

Article 6

Nature of authorisation

1.   Authorisations shall be issued in the name of the carrier and shall be non-transferable. However, a carrier who has received an authorisation may, with the consent of the competent authority of the Member State in whose territory the point of departure is situated, hereinafter referred to as the ‘authorising authority’, operate the service through a sub-contractor. In this case, the name of the sub-contractor and its role shall be indicated in the authorisation. The sub-contractor shall satisfy the conditions laid down in Article 3(1). For the purposes of this paragraph, the point of departure shall mean ‘one of the termini of the service’.

In the case of undertakings associated for the purpose of operating a regular service, the authorisation shall be issued in the names of all the undertakings and shall state the names of all the operators. It shall be given to the undertaking that manages the operation and copies shall be given to the other undertakings.

2.   The period of validity of an authorisation shall not exceed five years. It may be set at less either at the request of the applicant or by mutual consent of the competent authorities of the Member States on whose territory passengers are picked up or set down.

3.   Authorisations shall specify the following:

| (a) | the type of service; |
| --- | --- |

(a)

the type of service;

| (b) | the route of the service, giving in particular the point of departure and the point of arrival; |
| --- | --- |

(b)

the route of the service, giving in particular the point of departure and the point of arrival;

| (c) | the period of validity of the authorisation; |
| --- | --- |

(c)

the period of validity of the authorisation;

| (d) | the stops and the timetable. |
| --- | --- |

(d)

the stops and the timetable.

4.   The Commission shall establish the format of the authorisations. Those measures, designed to amend non-essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).

5.   Authorisations shall entitle their holder(s) to operate regular services in the territories of all Member States over which the routes of the service pass.

6.   The operator of a regular service may use additional vehicles to deal with temporary and exceptional situations.

In this case, the carrier shall ensure that the following documents are carried on the vehicle:

| (a) | a copy of the authorisation of the regular service; |
| --- | --- |

(a)

a copy of the authorisation of the regular service;

| (b) | a copy of the contract between the operator of the regular service and the undertaking providing the additional vehicles or an equivalent document; |
| --- | --- |

(b)

a copy of the contract between the operator of the regular service and the undertaking providing the additional vehicles or an equivalent document;

| (c) | a certified true copy of the Community licence issued to the operator providing the additional vehicles for the service. |
| --- | --- |

(c)

a certified true copy of the Community licence issued to the operator providing the additional vehicles for the service.

Article 7

Submission of application for authorisation

1.   Applications for authorisation of regular services shall be submitted to the authorising authority.

2.   The Commission shall establish the format of the applications. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).

3.   Persons applying for authorisation shall provide any further information which they consider relevant or which is requested by the authorising authority, in particular a driving schedule making it possible to monitor compliance with Community legislation on driving and rest periods and a copy of the Community licence.

Article 8

Authorising procedure

1.   Authorisations shall be issued in agreement with the authorities of all the Member States in whose territories passengers are picked up or set down. The authorising authority shall forward to such authorities, as well as to the competent authorities of Member States whose territories are crossed without passengers being picked up or set down, a copy of the application, together with copies of any other relevant documentation, and its assessment.

2.   The competent authorities of the Member States whose agreement has been requested shall notify the authorising authority of their decision on the application within two months. This time limit shall be calculated from the date of receipt of the request for agreement which is shown in the acknowledgement of receipt. If the decision received from the competent authorities of the Member States whose agreement has been requested is negative, it shall contain a proper statement of reasons. If the authorising authority does not receive a reply within two months, the authorities consulted shall be deemed to have given their agreement and the authorising authority may grant the authorisation.

The authorities of the Member States whose territories are crossed without passengers being picked up or set down may notify the authorising authority of their comments within the time limit laid down in the first subparagraph.

3.   The authorising authority shall take a decision on the application within four months of the date of submission of the application by the carrier.

4.   Authorisation shall be granted unless:

| (a) | the applicant is unable to provide the service which is the subject of the application with equipment directly available to him; |
| --- | --- |

(a)

the applicant is unable to provide the service which is the subject of the application with equipment directly available to him;

| (b) | the applicant has not complied with national or international legislation on road transport, and in particular the conditions and requirements relating to authorisations for international road passenger services, or has committed serious infringements of Community road transport legislation in particular with regard to the rules applicable to vehicles and driving and rest periods for drivers; |
| --- | --- |

(b)

the applicant has not complied with national or international legislation on road transport, and in particular the conditions and requirements relating to authorisations for international road passenger services, or has committed serious infringements of Community road transport legislation in particular with regard to the rules applicable to vehicles and driving and rest periods for drivers;

| (c) | in the case of an application for renewal of authorisation, the conditions of authorisation have not been complied with; |
| --- | --- |

(c)

in the case of an application for renewal of authorisation, the conditions of authorisation have not been complied with;

| (d) | a Member State decides on the basis of a detailed analysis that the service concerned would seriously affect the viability of a comparable service covered by one or more public service contracts conforming to Community law on the direct sections concerned. In such case, the Member State shall set up criteria, on a non-discriminatory basis, for determining whether the service applied for would seriously affect the viability of the abovementioned comparable service and shall communicate them to the Commission, upon its request; |
| --- | --- |

(d)

a Member State decides on the basis of a detailed analysis that the service concerned would seriously affect the viability of a comparable service covered by one or more public service contracts conforming to Community law on the direct sections concerned. In such case, the Member State shall set up criteria, on a non-discriminatory basis, for determining whether the service applied for would seriously affect the viability of the abovementioned comparable service and shall communicate them to the Commission, upon its request;

| (e) | a Member State decides on the basis of a detailed analysis that the principal purpose of the service is not to carry passengers between stops located in different Member States. |
| --- | --- |

(e)

a Member State decides on the basis of a detailed analysis that the principal purpose of the service is not to carry passengers between stops located in different Member States.

In the event that an existing international coach and bus service is seriously affecting the viability of a comparable service covered by one or more public service contracts conforming to Community law on the direct sections concerned, a Member State may, with the agreement of the Commission, suspend or withdraw the authorisation to run the international coach and bus service after having given six months' notice to the carrier.

The fact that a carrier offers lower prices than those offered by other road carriers or the fact that the link in question is already operated by other road carriers shall not in itself constitute justification for rejecting the application.

5.   The authorising authority and the competent authorities of all the Member States involved in the procedure to reach the agreement provided for in paragraph 1 may refuse applications only on the basis of reasons provided for in this Regulation.

6.   Having completed the procedure laid down in paragraphs 1 to 5, the authorising authority shall grant the authorisation or formally refuse the application.

Decisions refusing an application shall state the reasons on which they are based. Member States shall ensure that transport undertakings are given the opportunity to make representations in the event of their application being refused.

The authorising authority shall inform all the authorities referred to in paragraph 1 of its decision, sending them a copy of any authorisation.

7.   If the procedure for reaching the agreement referred to in paragraph 1 does not enable the authorising authority to decide on an application, the matter may be referred to the Commission within the time-limit of two months calculated from the date of communication of a negative decision by one or more of the Member States consulted pursuant to paragraph 1.

8.   After having consulted the Member States concerned, the Commission shall, within four months from receipt of the communication from the authorising authority, take a decision which shall take effect thirty days after the notification to the Member States concerned.

9.   The Commission decision shall continue to apply until an agreement is reached between the Member States concerned.

Article 9

Renewal and alteration of authorisation

Article 8 shall apply, mutatis mutandis, to applications for the renewal of authorisations or for alteration of the conditions under which the services subject to authorisation must be carried out.

In the event of a minor alteration to the operating conditions, in particular adjustment of intervals, fares and timetables, the authorising authority need only supply the other Member States concerned with information relating to the alteration.

The Member States concerned may agree that the authorising authority alone shall decide on alterations to the conditions under which a service is operated.

Article 10

Lapse of an authorisation

1.   Without prejudice to the provisions of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road (12), an authorisation for a regular service shall lapse at the end of its period of validity or three months after the authorising authority has received notice from its holder of his intention to withdraw the service. Such notice shall contain a proper statement of reasons.

2.   Where demand for a service has ceased to exist, the period of notice provided for in paragraph 1 shall be of one month.

3.   The authorising authority shall inform the competent authorities of the other Member States concerned that the authorisation has lapsed.

4.   The holder of the authorisation shall notify users of the service concerned of its withdrawal one month in advance by means of appropriate publicity.

Article 11

Obligations of carriers

1.   Save in the event of force majeure, the operator of a regular service shall, until the authorisation expires, take all measures to guarantee a transport service that fulfils the standards of continuity, regularity and capacity and complies with the other conditions laid down by the competent authority in accordance with Article 6(3).

2.   The carrier shall display the route of the service, the bus stops, the timetable, the fares and the conditions of carriage in such a way as to ensure that such information is readily available to all users.

3.   Without prejudice to Regulation (EC) No 1370/2007, it shall be possible for the Member States concerned, by common agreement and in agreement with the holder of the authorisation, to make changes to the operating conditions governing a regular service.

CHAPTER IV

OCCASIONAL SERVICES AND OTHER SERVICES EXEMPT FROM AUTHORISATION

Article 12

Control documents

1.   Occasional services shall be carried out under cover of a journey form with the exception of the services referred to in the second subparagraph of Article 5(3).

2.   A carrier operating occasional services shall fill out a journey form before each journey.

3.   The journey form shall contain at least the following information:

| (a) | the type of service; |
| --- | --- |

(a)

the type of service;

| (b) | the main itinerary; |
| --- | --- |

(b)

the main itinerary;

| (c) | the carrier(s) involved. |
| --- | --- |

(c)

the carrier(s) involved.

4.   The books of journey forms shall be supplied by the competent authorities of the Member State where the carrier is established or by bodies appointed by those authorities.

5.   The Commission shall establish the format of the journey form, the book of journey forms and the way in which they are used. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).

6.   In the case of the special regular services referred to in the third subparagraph of Article 5(2), the contract or a certified true copy thereof shall serve as the control document.

Article 13

Local excursions

Within the framework of an international occasional service, a carrier may carry out occasional services (local excursions) in a Member State other than that in which it is established.

Such services shall be intended for non-resident passengers previously carried by the same carrier on one of the international services mentioned in the first subparagraph and shall be carried out with the same vehicle or another vehicle from the same carrier or group of carriers.

CHAPTER V

CABOTAGE

Article 14

General principle

Any carrier who operates road passenger transport services for hire or reward and who holds a Community licence, shall be permitted, under the conditions laid down in this Chapter and without discrimination on grounds of the carrier's nationality or place of establishment, to operate the cabotage operations as specified in Article 15.

Article 15

Authorised cabotage operations

Cabotage operations shall be authorised for the following services:

| (a) | special regular services provided that they are covered by a contract concluded between the organiser and the carrier; |
| --- | --- |

(a)

special regular services provided that they are covered by a contract concluded between the organiser and the carrier;

| (b) | occasional services; |
| --- | --- |

(b)

occasional services;

| (c) | regular services, performed by a carrier not resident in the host Member State in the course of a regular international service in accordance with this Regulation with the exception of transport services meeting the needs of an urban centre or conurbation, or transport needs between it and the surrounding areas. Cabotage operations shall not be performed independently of such international service. |
| --- | --- |

(c)

regular services, performed by a carrier not resident in the host Member State in the course of a regular international service in accordance with this Regulation with the exception of transport services meeting the needs of an urban centre or conurbation, or transport needs between it and the surrounding areas. Cabotage operations shall not be performed independently of such international service.

Article 16

Rules applicable to cabotage operations

1.   The performance of the cabotage operations shall be subject, save as otherwise provided in Community legislation, to the laws, regulations and administrative provisions in force in the host Member State with regard to the following:

| (a) | the conditions governing the transport contract; |
| --- | --- |

(a)

the conditions governing the transport contract;

| (b) | the weights and dimensions of road vehicles; |
| --- | --- |

(b)

the weights and dimensions of road vehicles;

| (c) | the requirements relating to the carriage of certain categories of passengers, namely schoolchildren, children and persons with reduced mobility; |
| --- | --- |

(c)

the requirements relating to the carriage of certain categories of passengers, namely schoolchildren, children and persons with reduced mobility;

| (d) | the driving time and rest periods; |
| --- | --- |

(d)

the driving time and rest periods;

| (e) | the value added tax (VAT) on transport services. |
| --- | --- |

(e)

the value added tax (VAT) on transport services.

The weights and dimensions referred to in point (b) of the first subparagraph may, where appropriate, exceed those applicable in the carrier's Member State of establishment, but they may under no circumstances exceed the limits set by the host Member State for national traffic or the technical characteristics mentioned in the proofs referred to in Article 6(1) of Directive 96/53/EC.

2.   Save as otherwise provided in Community legislation, cabotage operations which form part of the transport services provided for in Article 15(c) shall be subject to the laws, regulations and administrative provisions in force in the host Member State regarding authorisations, tendering procedures, the routes to be operated and the regularity, continuity and frequency of services as well as itineraries.

3.   The technical standards of construction and equipment which must be met by vehicles used to carry out cabotage operations shall be those laid down for vehicles put into circulation in international transport.

4.   The national laws, regulations and administrative provisions referred to in paragraphs 1 and 2 shall be applied to non-resident carriers under the same conditions as those imposed on carriers established in the host Member State, so as to prevent any discrimination on grounds of nationality or place of establishment.

Article 17

Control documents for cabotage operations

1.   Cabotage operations in the form of occasional services shall be carried out under cover of a journey form as referred to in Article 12 which shall be kept on board the vehicle and be presented at the request of any authorised inspecting officer.

2.   The following information shall be entered in the journey form:

| (a) | the points of departure and arrival of the service; |
| --- | --- |

(a)

the points of departure and arrival of the service;

| (b) | the date of departure and the date on which the service ends. |
| --- | --- |

(b)

the date of departure and the date on which the service ends.

3.   The journey forms shall be supplied in books as referred to in Article 12 certified by the competent authority or body in the Member State of establishment.

4.   In the case of special regular services, the contract concluded between the carrier and the transport organiser, or a certified true copy thereof, shall serve as the control document.

However, a journey form shall be filled out in the form of a monthly statement.

5.   The journey forms used shall be returned to the competent authority or body in the Member State of establishment in accordance with procedures to be laid down by that authority or body.

CHAPTER VI

CONTROLS AND PENALTIES

Article 18

Transport tickets

1.   Carriers operating a regular service, excluding special regular services, shall issue transport tickets, either individual or collective, which indicate:

| (a) | the points of departure and arrival and, where appropriate, the return journey; |
| --- | --- |

(a)

the points of departure and arrival and, where appropriate, the return journey;

| (b) | the period of validity of the ticket; |
| --- | --- |

(b)

the period of validity of the ticket;

| (c) | the fare of transport. |
| --- | --- |

(c)

the fare of transport.

2.   The transport ticket provided for in paragraph 1 shall be presented at the request of any authorised inspecting officer.

Article 19

Inspections on the road and in undertakings

1.   The authorisation or control document shall be carried on the vehicle and shall be presented at the request of any authorised inspecting officer.

2.   Carriers operating international carriage of passengers by coach and bus shall allow all inspections intended to ensure that operations are being conducted correctly, in particular as regards driving and rest periods. In the context of the implementation of this Regulation, authorised inspecting officers shall be empowered to:

| (a) | check the books and other documentation relating to the operation of the transport undertaking; |
| --- | --- |

(a)

check the books and other documentation relating to the operation of the transport undertaking;

| (b) | make copies of, or take extracts from, the books and documentation on the premises; |
| --- | --- |

(b)

make copies of, or take extracts from, the books and documentation on the premises;

| (c) | have access to all the transport undertaking's premises, sites and vehicles; |
| --- | --- |

(c)

have access to all the transport undertaking's premises, sites and vehicles;

| (d) | require the production of any information contained in books, documentation or data bases. |
| --- | --- |

(d)

require the production of any information contained in books, documentation or data bases.

Article 20

Mutual assistance

Member States shall assist one another in ensuring the application and monitoring of this Regulation. They shall exchange information via the national contact points established pursuant to Article 18 of Regulation (EC) No .../2009.

Article 21

Withdrawal of Community licences and authorisations

1.   The competent authorities of the Member State where the carrier is established shall withdraw the Community licence where the holder:

| (a) | no longer satisfies the conditions laid down in Article 3(1); or |
| --- | --- |

(a)

no longer satisfies the conditions laid down in Article 3(1); or

| (b) | has supplied inaccurate information concerning the data which were required for the issue of the Community licence. |
| --- | --- |

(b)

has supplied inaccurate information concerning the data which were required for the issue of the Community licence.

2.   The authorising authority shall withdraw an authorisation where the holder no longer fulfils the conditions on the basis of which the authorisation was issued under this Regulation, in particular where the Member State in which the carrier is established so requests. That authority shall immediately inform the competent authorities of the Member State concerned.

Article 22

Sanctioning of infringements by the Member State of establishment

1.   In the event of a serious infringement of Community road transport legislation committed or ascertained in any Member State, in particular with regard to the rules applicable to vehicles, driving and rest periods for drivers and the provision without authorisation of parallel or temporary services, as referred to in Article 5(1), fifth subparagraph, the competent authorities of the Member State of establishment of the carrier who committed the infringement shall take appropriate action to pursue the matter which may lead, inter alia, to the imposition of the following administrative penalties:

| (a) | temporary or permanent withdrawal of some or all of the certified true copies of the Community licence; |
| --- | --- |

(a)

temporary or permanent withdrawal of some or all of the certified true copies of the Community licence;

| (b) | temporary or permanent withdrawal of the Community licence. |
| --- | --- |

(b)

temporary or permanent withdrawal of the Community licence.

These penalties may be determined after the final decision on the matter has been taken and shall have regard to the seriousness of the infringement committed by the holder of the Community licence and to the total number of certified true copies of that licence that he holds in respect of international traffic.

2.   The competent authorities of the Member State of establishment shall communicate to the competent authorities of the Member State in which the infringements were ascertained, as soon as possible and at the latest within two months after their final decision on the matter, which, if any, of the penalties provided for in paragraph 1 have been imposed.

If such penalties are not imposed, the competent authorities of the Member State of establishment shall state the reasons therefor.

3.   The competent authorities shall ensure that the penalties imposed on the carrier concerned are, as a whole, proportionate to the infringement or infringements which gave rise to such penalties, taking into account any penalty for the same infringement imposed in the Member State in which the infringement was ascertained.

4.   This Article is without prejudice to the possibility of the competent authorities of the Member State of establishment of the carrier to institute proceedings before a national court or tribunal. In case such proceedings are brought, the competent authority in question shall inform the competent authorities of the Member States in which the infringements were committed thereof.

5.   Member States shall ensure that carriers have the right to appeal against any administrative penalty imposed on them pursuant to this Article.

Article 23

Sanctioning of infringements by the host Member State

1.   Where the competent authorities of a Member State are aware of a serious infringement of this Regulation or of Community road transport legislation attributable to a non-resident carrier, the Member State within the territory of which the infringement is ascertained shall transmit to the competent authorities of the carrier's Member State of establishment, as soon as possible and at the latest within two months after their final decision, the following information:

| (a) | a description of the infringement and the date and time when it was committed; |
| --- | --- |

(a)

a description of the infringement and the date and time when it was committed;

| (b) | the category, type and seriousness of the infringement; and |
| --- | --- |

(b)

the category, type and seriousness of the infringement; and

| (c) | the penalties imposed and the penalties executed. |
| --- | --- |

(c)

the penalties imposed and the penalties executed.

The competent authorities of the host Member State may request the competent authorities of the Member State of establishment to impose administrative penalties in accordance with Article 22.

2.   Without prejudice to criminal prosecution, the competent authorities of the host Member State may impose penalties on non-resident carriers who have committed infringements of this Regulation or of national or Community road transport legislation in their territory on the occasion of a cabotage operation. The penalties shall be imposed on a non-discriminatory basis and may, inter alia, consist of a warning, or, in the event of a serious infringement, a temporary ban on cabotage operations within the territory of the host Member State where the infringement was committed.

3.   Member States shall ensure that carriers have the right to appeal against any administrative penalty imposed on them pursuant to this Article.

Article 24

Entry in the national electronic registers

Member States shall ensure that serious infringements of Community road transport legislation attributable to carriers established in their territory, which have led to the imposition of a penalty by any Member State, as well as any temporary or permanent withdrawal of the Community licence or of the certified true copy thereof are recorded in the national electronic register of road transport undertakings. Entries in the register which concern a temporary or permanent withdrawal of a Community licence shall remain in the database for at least two years from the time of the expiry of the period of withdrawal, in the case of temporary withdrawal,or from the date of withdrawal, in the case of permanent withdrawal.

CHAPTER VII

IMPLEMENTATION

Article 25

Agreements between Member States

1.   Member States may conclude bilateral and multilateral agreements on the further liberalisation of the services covered by this Regulation, in particular as regards the authorisation system and the simplification or abolition of control documents.

2.   Member States shall inform the Commission of any agreements concluded under paragraph 1.

Article 26

Committee procedure

1.   The Commission shall be assisted by the committee established by Article 18(1) of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (13).

2.   Where reference is made to this paragraph, Article 5a(1) to (4) and (5)(b), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 27

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by ... (14) and shall notify it without delay of any subsequent amendment affecting them.

Member States shall ensure that all such measures are taken without discrimination as to the nationality or place of establishment of the carrier.

Article 28

Reporting

1.   Every two years Member States shall communicate to the Commission the number of authorisations for regular services issued the previous year and the total number of authorisations for regular services valid at the end of this reporting period. This information shall be given separately for each country of destination of the regular service. Member States shall also communicate to the Commission the data concerning cabotage operations, in the form of special regular services and occasional services, carried out during the reporting period by resident carriers.

2.   Every two years the competent authorities in the host Member State shall send the Commission statistics on the number of authorisations issued for cabotage operations in the form of the regular services referred to in Article 15(c).

3.   The Commission shall establish the format of the table to be used for the communication of the statistics referred to in paragraph 2. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 26(2).

4.   Member States shall inform the Commission no later than 31 January of every year of the number of carriers holding a Community licence as at 31 December of the previous year and of the number of certified true copies corresponding to the number of vehicles in circulation on that date.

CHAPTER VIII

FINAL PROVISIONS

Article 29

Repeals

Regulations (EEC) No 684/92 and (EC) No 12/98 are hereby repealed.

References to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex III.

Article 30

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 ... (14).

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 10, 15.1.2008, p. 44.

1

(2)  Opinion of the European Parliament of 5 June 2008 (not yet published in the Official Journal), Council Common Position of 9 January 2009 and Position of the European Parliament of ... (not yet published in the Official Journal). Council Decision of ...

2

(3)  OJ L 74, 20.3.1992, p. 1.

3

(4)  OJ L 4, 8.1.1998, p. 4.

4

(5)  OJ L 102, 11.4.2006, p. 1.

5

(6)  OJ L 18, 21.1.1997, p. 1.

6

(7)  OJ L ...

7

(8)  OJ L 184, 17.7.1999, p. 23.

8

(9)  OJ L 57, 2.3.1992, p. 27.

9

(10)  OJ L 235, 17.9.1996, p. 59.

10

(11)  OJ L 226, 10.9.2003, p. 4.

11

(12)  OJ L 315, 3.12.2007, p. 1.

12

(13)  OJ L 370, 31.12.1985, p. 8.

13

(14)  Two years from the date of entry into force of this Regulation.

14

---

ANNEX I

SECURITY FEATURES OF THE COMMUNITY LICENCE

The Community licence must have at least two of the following security features:

| — | a hologram; |
| --- | --- |

—

a hologram;

| — | special fibres in the paper which become visible under UV-light; |
| --- | --- |

—

special fibres in the paper which become visible under UV-light;

| — | at least one microprint line (printing visible only with a magnifying glass and not reproduced by photocopying machines); |
| --- | --- |

—

at least one microprint line (printing visible only with a magnifying glass and not reproduced by photocopying machines);

| — | tactile characters, symbols or patterns; |
| --- | --- |

—

tactile characters, symbols or patterns;

| — | double numbering: serial number and issue number; |
| --- | --- |

—

double numbering: serial number and issue number;

| — | a security design background with fine guilloche patterns and rainbow printing. |
| --- | --- |

—

a security design background with fine guilloche patterns and rainbow printing.

---

ANNEX II

Image

Image

Image

---

ANNEX III

CORRELATION TABLE

| Regulation (EEC) No 684/92 | Regulation (EC) No 12/98 | This Regulation |
| --- | --- | --- |
| Article 1 | | Article 1 |
| Article 2, point 1.1 | Article 2(1) | Article 2(2), Article 5(1) |
| Article 2, point 1.2 | Article 2(2) | Article 2(3), Article 5(2) |
| Article 2, point 1.3 | | Article 5(1), fifth subparagraph |
| Article 2, point 3.1 | Article 2(3) | Article 2(4), Article 5(3) |
| Article 2, point 3.3 | | Article 5(3) |
| Article 2, point 3.4 | | Article 5(3) |
| Article 2, point 4 | | Article 2(5), Article 5(5) |
| — | | Article 2(5), (6), (7) and (8) |
| Article 3 | | Article 3 |
| Article 3a | | Article 4 |
| Article 4 | | Article 5 |
| Article 5 | | Article 6 |
| Article 6 | | Article 7 |
| Article 7 | | Article 8 |
| Article 8 | | Article 9 |
| Article 9 | | Article 10 |
| Article 10 | | Article 11 |
| Article 11 | | Article 12 |
| Article 12 | | Article 13 |
| Article 13 | | Article 5(5) |
| | Article 1 | Article 14 |
| | Article 2(4) | |
| | Article 3 | Article 15 |
| | Article 4 | Article 16 |
| | Article 5 | Article 4(3) |
| | Article 6 | Article 17 |
| | Article 7 | Article 28(3) |
| | Article 8 | Article 26 |
| | Article 9 | — |
| Article 14 | | Article 18 |
| Article 15 | | Article 19 |
| | Article 11(1) | Article 20 |
| Article 16(1) | | Article 21(1) |
| Article 16(2) | | Article 21(2) |
| Article 16(3) | | Article 22(1) |
| Article 16(4) | | Article 23(1) |
| Article 16(5) | | Article 22(2) |
| | Article 11(2) | Article 23(2) |
| | Article 11(3) | Article 23(2) |
| | Article 11(4) | — |
| | Article 12 | Article 22(5), Article 23 |
| | Article 13 | — |
| Article 16a | Article 10 | Article 26 |
| Article 17 | | — |
| Article 18 | | Article 25 |
| Article 19 | Article 14 | Article 27 |
| Article 20 | | |
| Article 21 | | Article 29 |
| Article 22 | Article 15 | Article 30 |
| Annex | | Annex II |

Regulation (EEC) No 684/92

Regulation (EC) No 12/98

This Regulation

Article 1

Article 1

Article 2, point 1.1

Article 2(1)

Article 2(2), Article 5(1)

Article 2, point 1.2

Article 2(2)

Article 2(3), Article 5(2)

Article 2, point 1.3

Article 5(1), fifth subparagraph

Article 2, point 3.1

Article 2(3)

Article 2(4), Article 5(3)

Article 2, point 3.3

Article 5(3)

Article 2, point 3.4

Article 5(3)

Article 2, point 4

Article 2(5), Article 5(5)

—

Article 2(5), (6), (7) and (8)

Article 3

Article 3

Article 3a

Article 4

Article 4

Article 5

Article 5

Article 6

Article 6

Article 7

Article 7

Article 8

Article 8

Article 9

Article 9

Article 10

Article 10

Article 11

Article 11

Article 12

Article 12

Article 13

Article 13

Article 5(5)

Article 1

Article 14

Article 2(4)

Article 3

Article 15

Article 4

Article 16

Article 5

Article 4(3)

Article 6

Article 17

Article 7

Article 28(3)

Article 8

Article 26

Article 9

—

Article 14

Article 18

Article 15

Article 19

Article 11(1)

Article 20

Article 16(1)

Article 21(1)

Article 16(2)

Article 21(2)

Article 16(3)

Article 22(1)

Article 16(4)

Article 23(1)

Article 16(5)

Article 22(2)

Article 11(2)

Article 23(2)

Article 11(3)

Article 23(2)

Article 11(4)

—

Article 12

Article 22(5), Article 23

Article 13

—

Article 16a

Article 10

Article 26

Article 17

—

Article 18

Article 25

Article 19

Article 14

Article 27

Article 20

Article 21

Article 29

Article 22

Article 15

Article 30

Annex

Annex II

---

STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

The Commission presented the proposal for a Regulation of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator on 25 May 2007 as one of the three proposals of the so-called ‘Road Package’ (1).

On 5 June 2008, the European Parliament voted its opinion at 1st reading.

On 9 January 2009, the Council adopted its Common Position in accordance with Article 251 of the Treaty.

In carrying out its work, the Council took account of the opinion of the European Economic and Social Committee. The Committee of Regions decided not to give an opinion on the three proposals.

II.   ANALYSIS OF THE COMMON POSITION

1.   General

Following the ‘Conclusions on the contribution of the transport sector to the Lisbon strategy’ of the Spring 2007 European Council, the Commission decided to issue proposals to review the existing legislative framework on access to the profession of transport operator and access to the international road haulage market as well as to the international market for coach and bus services, in order to, inter alia, ensure that administrative burdens were appropriate and proportionate. As a whole, these new proposals seek to modernise, replace and merge provisions governing road transport operators for both, goods and passengers, and access to the road transport markets.

The proposal for a Regulation of the European Parliament and of the Council on common rules for access to the market of coach and bus services proposal replaces two regulations currently applicable (2). The principal objective is to simplify the authorisation procedure for international regular passenger services in order to reach a better harmonisation and to promote fairer competition within the internal market.

The Common Position as agreed by the Council establishes a coherent framework for the international carriage of passengers by coach and bus throughout the Community. It foresees a simpler and faster procedure to authorise international regular services. It also simplifies and standardises the format of the Community license and the certified true copies in order to reduce administrative burden and delays, especially at road side checks. Furthermore, the Common Position strengthens the exchange of information between Member States by establishing national contact points which are to be set up pursuant to the Regulation on the admission to the occupation of road transport operator.

2.   Key policy issues

i)   Clarification of the scope, the definitions and the principles

The Council followed largely the Commission proposal and its Common Position foresees that this regulation applies to all international carriage on the territory of the Community, including carriage from and to third countries, and to national road passenger services operated by a non-resident undertaking on a temporary basis (‘cabotage’). As regards international carriage, the Council established a comprehensive definition: for carriages, to or from a third country it is stipulated that, as long as there is no agreement between the Community and the third country in question, the Regulation does not apply to that part of the journey carried out within the Member State of picking up or setting down of passengers. It does, however, apply within a Member State crossed in transit. In order to facilitate effective controls by enforcement authorities, especially those outside the Member State in which the carrier is established, carriers are required to carry a certified true copy of the Community licence aboard each of their vehicles when performing an international carriage.

The European Parliament decided to follow the Commission's approach and did not adopt amendments on this issue.

ii)   Community licence and certified copies

The Commission proposal foresees the issuing of a Community licence for a renewable period of five years. Moreover, it obliges the Member States to record the serial numbers of the licence and the certified true copies in the national electronic register of road transport undertakings provided for in the proposal for a regulation on the admission to the transport operator.

The Council in its Common Position allows a more flexible approach and a longer period of validity for the Community licence, given that the aforementioned register will allow an immediate verification of the current status of a transport undertaking. The Common Position therefore extends the validity of the renewable Community licence to ‘up to 10 years’, introduces the (comitology) regulatory procedure with scrutiny to care for future necessary technical adaptations of the validity of the Community licence, and also amends accordingly the provisions concerning the verification of conditions for the issuing and renewal of the licence.

In order to avoid possible falsifications of the above documents, the Council decided to amend Annex I by adding a series of security features, of which at least two have to be included in the documents. The European Parliament decided to follow the Commission's approach and did not adopt amendments on this issue.

iii)   Procedure to authorise international regular services

The Council followed largely the Commission proposal and its Common Position foresees a streamlined and simplified procedure as compared to the one laid down in Regulation (EEC) No 684/92. Authorisation will henceforth be granted except in the following two cases: the service applied for would seriously affect the viability of a comparable service covered by one or more public service contracts on the direct sections concerned conforming to Community law, or the principal purpose of the service is not to carry passengers between stops located in different Member States. In this context Member States have to set up non-discriminatory criteria when evaluating the viability of a public service contract during the authorisation procedure for international regular services. The Council followed the Commission's approach that the authorities of Member States whose territory is merely crossed in transit, but where no passengers are picked up or set down, will simply be informed once the Member States concerned have agreed to authorise the service in question. However, the Council in addition set a two months deadline for the Commission to reach a decision on authorisation in cases the authorising authority is unable to reach such decision.

The European Parliament, on the contrary, deleted the possibility for the Member State to suspend or to withdraw an authorisation in case it seriously affects the viability of a public service contract.

iv)   Cabotage

As regards cabotage, the Council followed broadly the Commission proposal. Hence, the rules on cabotage remain in substance largely unchanged. In particular, the Council approved the deletion of the provision of Article 9 of Regulation (EC) No 12/98 on safeguard measures in case of serious disturbances of a national transport market. This provision has never been used since the opening up of national markets for cabotage and can therefore be considered redundant. As concerns the cabotage operations in the course of a regular international service, the Council specifies that this means ‘the picking up and setting down of passengers’ within the same Member State, in compliance with the provisions of this Regulation, provided that it is not the principal purpose of this service.

Furthermore, the Council in conformity with the European Parliament deleted in its Common Position any reference to working time provisions as concerns the rules applicable to cabotage transport operations since no harmonised Community rules are in place.

v)   Cooperation between Member States

Following the Commission proposal and in order to facilitate and strengthen the exchange of information between national authorities, the Council decided to include in its Common Position a provision obliging the Member States to exchange information via the national contact points. The Council also followed the Commission proposal concerning the obligation for the Member States to enter into their national register of road transport undertakings all serious infringements of Community transport legislation which have led to the imposition of a penalty. Moreover, the Council decided to enter into the national registers any temporary or permanent withdrawal of the Community licence or of the certified true copies. The latter entries will remain in the data base for two years.

The provisions concerning the establishment of national contact points as well as the national registers are also contained in the draft Regulation on the admission to the occupation of road transport operator.

The European Parliament decided to follow the Commission proposal and did not adopt amendments on this issue.

vi)   Sanctioning of infringements

With a view to harmonizing the current monitoring and control systems employed by Member States, the Commission proposes to enhance the power and means of the national authorities who are habilitated to deliver and withdraw the Community licence. The proposal therefore contains an obligation for the competent authority of the Member State of establishment of the undertaking to issue a warning, when a undertaking committed a serious infringement or repeated minor infringements of road transport legislation. This obligation also applies to cases where the undertaking committed such an infringement in another Member State. A further provision clarifies the sanctions that the Member State may impose on undertakings established within its territory, namely the temporary or partial withdrawal of certified copies of the Community licence, the Community licence itself or driver attestations.

The Common Position as agreed by the Council followed to a large extent the Commission's approach towards serious infringements. However, the Council decided against the issuing of a warning and agreed to leave the choice of action to the Member States. Moreover, the Council agreed to leave the weighting of repeated minor infringements to the discretion of the Member States. The Common Position also introduces the obligation for the competent authority of the Member State of establishment of the undertaking to communicate to the competent authority of the Member State in which an infringement was ascertained whether and which penalties have been imposed. This communication has to be issued within two months after the final decision on the matter has been taken.

The Commission proposal also introduces a new procedure to be followed by the Member State which ascertains a serious infringement committed by a non-resident underdating. Following this procedure, the Member State has to communicate the information within one month to the Member State of establishment which may impose administrative sanctions. The Member State of establishment of the undertaking concerned has three months to inform the other Member State of the follow-up.

The Council Common Position takes over this provision but allows two months for the communication. The Council Common Position does not contain any obligation for the Member State of establishment of the undertaking to report on the follow-up.

The European Parliament also decided against the inclusion of provisions concerning repeated minor infringement. Moreover, it voted in favour of a provision allowing the imposition of fines as a possible penalty.

3.   Other amendments adopted by the European Parliament

Further amendments not included in the Common Position concern:

| — | 1 January 2009 as a fixed date of application of this Regulation; |
| --- | --- |

—

1 January 2009 as a fixed date of application of this Regulation;

| — | the reference to the Directive on the posting of workers as rules applicable to cabotage; |
| --- | --- |

—

the reference to the Directive on the posting of workers as rules applicable to cabotage;

| — | the possibility to exempt cross-border regular services not extending more than 50 km beyond the border Member States from the authorisation procedure; |
| --- | --- |

—

the possibility to exempt cross-border regular services not extending more than 50 km beyond the border Member States from the authorisation procedure;

| — | the widening of the permission of local excursion; and |
| --- | --- |

—

the widening of the permission of local excursion; and

| — | the reintroduction of the ‘12 days rule’ in the legislation on driving and rest times. |
| --- | --- |

—

the reintroduction of the ‘12 days rule’ in the legislation on driving and rest times.

III.   CONCLUSION

In establishing its Common Position, the Council has taken full account of the proposal of the Commission and the European Parliament's opinion at first reading. With respect to the amendments proposed by the European Parliament, the Council observes that a considerable number of amendments have — in spirit, partially or fully — already been included in its Common Position.

---

(1)  The other 2 legislative proposals concern:

| — | a proposal for a Regulation of the European Parliament and of the Council on common rules for access to the international road haulage market (recast) |
| --- | --- |

—

a proposal for a Regulation of the European Parliament and of the Council on common rules for access to the international road haulage market (recast)

| — | a proposal for a Regulation of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator. |
| --- | --- |

—

a proposal for a Regulation of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator.

(2)  Regulations (EEC) No 684/92 and (EC) No 12/98.

---

| 17.3.2009 | EN | Official Journal of the European Union | CE 62/46 |
| --- | --- | --- | --- |

17.3.2009

EN

Official Journal of the European Union

CE 62/46

---

COMMON POSITION (EC) No 7/2009

adopted by the Council on 9 January 2009

with a view to the adoption of Regulation (EC) No .../2009 of the European Parliament and of the Council of ... on common rules for access to the international road haulage market (recast)

(Text with EEA relevance)

(2009/C 62 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

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

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | A number of substantial changes are to be made to Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States (3), to Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (4), and to Directive 2006/94/EC of the European Parliament and of the Council of 12 December 2006 on the establishment of common rules for certain types of carriage of goods by road (5). In the interests of clarity and simplification, those legal acts should be recast and incorporated into one single regulation. |
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(1)

A number of substantial changes are to be made to Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States (3), to Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State (4), and to Directive 2006/94/EC of the European Parliament and of the Council of 12 December 2006 on the establishment of common rules for certain types of carriage of goods by road (5). In the interests of clarity and simplification, those legal acts should be recast and incorporated into one single regulation.

| (2) | The establishment of a common transport policy entails, inter alia, laying down common rules applicable to access to the market in the international carriage of goods by road within the territory of the Community, as well as laying down the conditions under which non-resident hauliers may operate transport services within a Member State. Those rules must be laid down in such a way as to contribute to the smooth operation of the internal transport market. |
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(2)

The establishment of a common transport policy entails, inter alia, laying down common rules applicable to access to the market in the international carriage of goods by road within the territory of the Community, as well as laying down the conditions under which non-resident hauliers may operate transport services within a Member State. Those rules must be laid down in such a way as to contribute to the smooth operation of the internal transport market.

| (3) | To ensure a coherent framework for international road haulage throughout the Community, this Regulation should apply to all international carriage on Community territory. Carriage from Member States to third countries is still largely covered by bilateral agreements between the Member States and those third countries. Therefore, this Regulation should not apply to that part of the journey within the territory of the Member State of loading or unloading as long as the necessary agreements between the Community and the third countries concerned have not been concluded. It should, however, apply to the territory of a Member State crossed in transit. |
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(3)

To ensure a coherent framework for international road haulage throughout the Community, this Regulation should apply to all international carriage on Community territory. Carriage from Member States to third countries is still largely covered by bilateral agreements between the Member States and those third countries. Therefore, this Regulation should not apply to that part of the journey within the territory of the Member State of loading or unloading as long as the necessary agreements between the Community and the third countries concerned have not been concluded. It should, however, apply to the territory of a Member State crossed in transit.

| (4) | The establishment of a common transport policy implies the removal of all restrictions against the person providing transport services on the grounds of his nationality or the fact that he is established in a different Member State from the one in which the services are to be provided. |
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(4)

The establishment of a common transport policy implies the removal of all restrictions against the person providing transport services on the grounds of his nationality or the fact that he is established in a different Member State from the one in which the services are to be provided.

| (5) | In order to achieve this smoothly and flexibly, provision should be made for a transitional cabotage regime as long as harmonisation of the road haulage market has not yet been completed. |
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(5)

In order to achieve this smoothly and flexibly, provision should be made for a transitional cabotage regime as long as harmonisation of the road haulage market has not yet been completed.

| (6) | Under Directive 2006/94/EC, a certain number of types of carriage are exempt from Community authorisation and from any other carriage authorisation. Within the framework of the organisation of the market provided for by this Regulation, a system of exemption from the Community licence and from any other carriage authorisation should be maintained for some of those types of carriage, because of their special nature. |
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(6)

Under Directive 2006/94/EC, a certain number of types of carriage are exempt from Community authorisation and from any other carriage authorisation. Within the framework of the organisation of the market provided for by this Regulation, a system of exemption from the Community licence and from any other carriage authorisation should be maintained for some of those types of carriage, because of their special nature.

| (7) | Under Directive 2006/94/EC, the carriage of goods with vehicles of a maximum laden weight of between 3,5 tonnes and 6 tonnes was exempt from the requirement for a Community licence. Community rules in the field of road transport of goods and passengers, however, apply in general to vehicles with a maximum laden weight of more than 3,5 tonnes. Thus, the provisions of this Regulation should be aligned with the general scope of application of Community road transport rules and should only provide for an exemption for vehicles with a maximum laden weight of 3,5 tonnes. |
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(7)

Under Directive 2006/94/EC, the carriage of goods with vehicles of a maximum laden weight of between 3,5 tonnes and 6 tonnes was exempt from the requirement for a Community licence. Community rules in the field of road transport of goods and passengers, however, apply in general to vehicles with a maximum laden weight of more than 3,5 tonnes. Thus, the provisions of this Regulation should be aligned with the general scope of application of Community road transport rules and should only provide for an exemption for vehicles with a maximum laden weight of 3,5 tonnes.

| (8) | The international carriage of goods by road should be conditional on the possession of a Community licence. Hauliers should be required to carry a certified true copy of the Community licence aboard each of their vehicles in order to facilitate effective controls by enforcement authorities, especially those outside the Member State in which the haulier is established. To this end, it is necessary to lay down more detailed specifications as regards the layout and other features of the Community licence and the certified copies. |
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(8)

The international carriage of goods by road should be conditional on the possession of a Community licence. Hauliers should be required to carry a certified true copy of the Community licence aboard each of their vehicles in order to facilitate effective controls by enforcement authorities, especially those outside the Member State in which the haulier is established. To this end, it is necessary to lay down more detailed specifications as regards the layout and other features of the Community licence and the certified copies.

| (9) | The conditions governing the issue and withdrawal of Community licences and the types of carriage to which they apply, their periods of validity and the detailed rules for their use should be determined. |
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(9)

The conditions governing the issue and withdrawal of Community licences and the types of carriage to which they apply, their periods of validity and the detailed rules for their use should be determined.

| (10) | A driver attestation should also be established in order to allow Member States to check effectively whether drivers from third countries are lawfully employed or at the disposal of the haulier responsible for a given transport operation. |
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(10)

A driver attestation should also be established in order to allow Member States to check effectively whether drivers from third countries are lawfully employed or at the disposal of the haulier responsible for a given transport operation.

| (11) | Hauliers who are holders of Community licences provided for in this Regulation and hauliers authorised to operate certain categories of international haulage service should be permitted to carry out national transport services within a Member State on a temporary basis, without having a registered office or other establishment therein. When such cabotage operations are performed, they should be subject to Community legislation such as 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 (6) and to national law in force in specified areas in the host Member State. |
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(11)

Hauliers who are holders of Community licences provided for in this Regulation and hauliers authorised to operate certain categories of international haulage service should be permitted to carry out national transport services within a Member State on a temporary basis, without having a registered office or other establishment therein. When such cabotage operations are performed, they should be subject to Community legislation such as 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 (6) and to national law in force in specified areas in the host Member State.

| (12) | Provisions should be adopted to allow action to be taken in the event of serious disturbance of the transport markets affected. For that purpose it is necessary to introduce a suitable decision-making procedure and for the required statistical data to be collected. |
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(12)

Provisions should be adopted to allow action to be taken in the event of serious disturbance of the transport markets affected. For that purpose it is necessary to introduce a suitable decision-making procedure and for the required statistical data to be collected.

| (13) | Without prejudice to the provisions of the Treaty on the right of establishment, cabotage operations consist of the provision of services by hauliers within a Member State in which they are not established and should not be prohibited as long as they are not carried out in a way that creates a permanent or continuous activity within that Member State. To assist the enforcement of this requirement, the frequency of cabotage operations and the period in which they can be performed should be limited. In the past, such national transport services were permitted on a temporary basis. In practice, it has been difficult to ascertain which services are permitted. Clear and easily enforceable rules are thus needed. |
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(13)

Without prejudice to the provisions of the Treaty on the right of establishment, cabotage operations consist of the provision of services by hauliers within a Member State in which they are not established and should not be prohibited as long as they are not carried out in a way that creates a permanent or continuous activity within that Member State. To assist the enforcement of this requirement, the frequency of cabotage operations and the period in which they can be performed should be limited. In the past, such national transport services were permitted on a temporary basis. In practice, it has been difficult to ascertain which services are permitted. Clear and easily enforceable rules are thus needed.

| (14) | The provisions of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (7) apply to transport undertakings performing a cabotage operation. |
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(14)

The provisions of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (7) apply to transport undertakings performing a cabotage operation.

| (15) | In order to perform efficient controls of cabotage operations, the enforcement authorities of the host Member States should, at least, have access to data from consignment notes and from recording equipment, in accordance with Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (8). |
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(15)

In order to perform efficient controls of cabotage operations, the enforcement authorities of the host Member States should, at least, have access to data from consignment notes and from recording equipment, in accordance with Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (8).

| (16) | Member States should grant each other mutual assistance with a view to the sound application of this Regulation. |
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(16)

Member States should grant each other mutual assistance with a view to the sound application of this Regulation.

| (17) | Administrative formalities should be reduced as far as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of this Regulation. To this end, the existing rules on the withdrawal of the Community licence should be clarified and strengthened. The current rules should be adapted to allow the effective sanctioning of serious infringements committed in a host Member State. Penalties should be non-discriminatory and proportionate to the seriousness of the infringements. It should be possible to lodge an appeal in respect of any penalties imposed. |
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(17)

Administrative formalities should be reduced as far as possible without abandoning the controls and penalties that guarantee the correct application and effective enforcement of this Regulation. To this end, the existing rules on the withdrawal of the Community licence should be clarified and strengthened. The current rules should be adapted to allow the effective sanctioning of serious infringements committed in a host Member State. Penalties should be non-discriminatory and proportionate to the seriousness of the infringements. It should be possible to lodge an appeal in respect of any penalties imposed.

| (18) | Member States should enter in their national electronic register of road transport undertakings all serious infringements committed by hauliers which have led to the imposition of a penalty. |
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(18)

Member States should enter in their national electronic register of road transport undertakings all serious infringements committed by hauliers which have led to the imposition of a penalty.

| (19) | In order to facilitate and strengthen the exchange of information between national authorities, Member States should exchange the relevant information through the national contact points set up pursuant to Regulation (EC) No .../2009 of the European Parliament and of the Council of ... establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (9). |
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(19)

In order to facilitate and strengthen the exchange of information between national authorities, Member States should exchange the relevant information through the national contact points set up pursuant to Regulation (EC) No .../2009 of the European Parliament and of the Council of ... establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (9).

| (20) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10). |
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(20)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10).

| (21) | In particular, the Commission should be empowered to adapt Annexes I, II and III to this Regulation to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. |
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(21)

In particular, the Commission should be empowered to adapt Annexes I, II and III to this Regulation to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

| (22) | Member States should take the necessary measures to implement this Regulation, in particular as regards effective, proportionate and dissuasive penalties. |
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(22)

Member States should take the necessary measures to implement this Regulation, in particular as regards effective, proportionate and dissuasive penalties.

| (23) | Since the objective of this Regulation, namely to ensure a coherent framework for international road haulage throughout the Community, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective, |
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(23)

Since the objective of this Regulation, namely to ensure a coherent framework for international road haulage throughout the Community, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Scope

1.   This Regulation shall apply to the international carriage of goods by road for hire or reward for journeys carried out within the territory of the Community.

2.   In the event of carriage from a Member State to a third country and vice versa, this Regulation shall apply to the part of the journey on the territory of any Member State crossed in transit. It shall not apply to that part of the journey on the territory of the Member State of loading or unloading, as long as the necessary agreement between the Community and the third country concerned has not been concluded.

3.   Pending the conclusion of the agreements referred to in paragraph 2, this Regulation shall not affect:

| (a) | provisions relating to the carriage from a Member State to a third country and vice versa included in bilateral agreements concluded by Member States with those third countries; |
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(a)

provisions relating to the carriage from a Member State to a third country and vice versa included in bilateral agreements concluded by Member States with those third countries;

| (b) | provisions relating to the carriage from a Member State to a third country and vice versa included in bilateral agreements concluded between Member States which, under either bilateral authorisations or liberalisation arrangements, allow loading and unloading in a Member State by hauliers not established in that Member State. |
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(b)

provisions relating to the carriage from a Member State to a third country and vice versa included in bilateral agreements concluded between Member States which, under either bilateral authorisations or liberalisation arrangements, allow loading and unloading in a Member State by hauliers not established in that Member State.

4.   This Regulation shall apply to the national carriage of goods by road undertaken on a temporary basis by a non-resident haulier as provided for in Chapter III.

5.   This Regulation shall not apply to the following types of carriage and unladen journeys made in conjunction with such carriage:

| (a) | carriage of mail as a universal service; |
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(a)

carriage of mail as a universal service;

| (b) | carriage of vehicles which have suffered damage or breakdown; |
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(b)

carriage of vehicles which have suffered damage or breakdown;

| (c) | carriage of goods in motor vehicles the permissible laden weight of which, including that of trailers, does not exceed 3,5 tonnes; |
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(c)

carriage of goods in motor vehicles the permissible laden weight of which, including that of trailers, does not exceed 3,5 tonnes;

| (d) | carriage of goods in motor vehicles provided the following conditions are fulfilled:






  (i) | the goods carried are the property of the undertaking or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking; |
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(d)

carriage of goods in motor vehicles provided the following conditions are fulfilled:

(i)

the goods carried are the property of the undertaking or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking;

| (ii) | the purpose of the journey is to carry the goods to or from the undertaking or to move them, either inside or outside the undertaking for its own requirements; |
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(ii)

the purpose of the journey is to carry the goods to or from the undertaking or to move them, either inside or outside the undertaking for its own requirements;

| (iii) | motor vehicles used for such carriage are driven by personnel employed by, or put at the disposal of, the undertaking under a contractual obligation; |
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(iii)

motor vehicles used for such carriage are driven by personnel employed by, or put at the disposal of, the undertaking under a contractual obligation;

| (iv) | the vehicles carrying the goods are owned by the undertaking, have been bought by it on deferred terms or have been hired provided that in the latter case they meet the conditions of Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road (11); and |
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(iv)

the vehicles carrying the goods are owned by the undertaking, have been bought by it on deferred terms or have been hired provided that in the latter case they meet the conditions of Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road (11); and

| (v) | such carriage is no more than ancillary to the overall activities of the undertaking; |
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(v)

such carriage is no more than ancillary to the overall activities of the undertaking;

| (e) | carriage of medicinal products, appliances, equipment and other articles required for medical care in emergency relief, in particular for natural disasters. |
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(e)

carriage of medicinal products, appliances, equipment and other articles required for medical care in emergency relief, in particular for natural disasters.

Point (d)(iv) of the first subparagraph shall not apply to the use of a replacement vehicle during a short breakdown of the vehicle normally used.

6.   The provisions of paragraph 5 shall not affect the conditions under which a Member State authorises its nationals to engage in the activities referred to in that paragraph.

Article 2

Definitions

For the purposes of this Regulation:

| 1) | ‘vehicle’ means a motor vehicle registered in a Member State, or a coupled combination of vehicles the motor vehicle of which at least is registered in a Member State, used exclusively for the carriage of goods; |
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1)

‘vehicle’ means a motor vehicle registered in a Member State, or a coupled combination of vehicles the motor vehicle of which at least is registered in a Member State, used exclusively for the carriage of goods;

| 2) | ‘international carriage’ means:






  (a) | a laden journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States, with or without transit through one or more Member States or third countries; |
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2)

‘international carriage’ means:

(a)

a laden journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States, with or without transit through one or more Member States or third countries;

| (b) | a laden journey undertaken by a vehicle from a Member State to a third country or vice versa, with or without transit through one or more Member States or third countries; |
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(b)

a laden journey undertaken by a vehicle from a Member State to a third country or vice versa, with or without transit through one or more Member States or third countries;

| (c) | a laden journey undertaken by a vehicle between third countries, with transit through the territory of one or more Member States; or |
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(c)

a laden journey undertaken by a vehicle between third countries, with transit through the territory of one or more Member States; or

| (d) | an unladen journey in conjunction with the carriage referred to in points (a), (b) and (c); |
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(d)

an unladen journey in conjunction with the carriage referred to in points (a), (b) and (c);

| 3) | ‘host Member State’ means a Member State in which a haulier operates other than the haulier's Member State of establishment; |
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3)

‘host Member State’ means a Member State in which a haulier operates other than the haulier's Member State of establishment;

| 4) | ‘non-resident haulier’ means a road haulage undertaking which operates in a host Member State; |
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4)

‘non-resident haulier’ means a road haulage undertaking which operates in a host Member State;

| 5) | ‘driver’ means any person who drives the vehicle even for a short period, or who is carried in a vehicle as part of his duties to be available for driving if necessary; |
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5)

‘driver’ means any person who drives the vehicle even for a short period, or who is carried in a vehicle as part of his duties to be available for driving if necessary;

| 6) | ‘cabotage operations’ means national carriage for hire or reward carried out on a temporary basis in a host Member State; |
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6)

‘cabotage operations’ means national carriage for hire or reward carried out on a temporary basis in a host Member State;

| 7) | ‘serious infringement of Community road transport legislation’ means an infringement which may lead to the loss of good repute in accordance with Article 6(1) and (2) of Regulation (EC) No .../2009 and/or to the temporary or permanent withdrawal of a Community licence. |
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7)

‘serious infringement of Community road transport legislation’ means an infringement which may lead to the loss of good repute in accordance with Article 6(1) and (2) of Regulation (EC) No .../2009 and/or to the temporary or permanent withdrawal of a Community licence.

CHAPTER II

INTERNATIONAL CARRIAGE

Article 3

General principle

International carriage shall be carried out subject to possession of a Community licence and, if the driver is a national of a third country, in conjunction with a driver attestation.

Article 4

Community licence

1.   The Community licence shall be issued by a Member State, in accordance with this Regulation, to any haulier carrying goods by road for hire or reward who:

| (a) | is established in that Member State in accordance with Community legislation and the national legislation of that Member State; and |
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(a)

is established in that Member State in accordance with Community legislation and the national legislation of that Member State; and

| (b) | is entitled in the Member State of establishment, in accordance with Community legislation and the national legislation of that Member State concerning admission to the occupation of road haulage operator, to carry out the international carriage of goods by road. |
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(b)

is entitled in the Member State of establishment, in accordance with Community legislation and the national legislation of that Member State concerning admission to the occupation of road haulage operator, to carry out the international carriage of goods by road.

2.   The Community licence shall be issued by the competent authorities of the Member State of establishment for renewable periods of up to ten years.

Community licences and certified copies issued before the date of application of this Regulation shall remain valid until their date of expiry.

The Commission shall adapt the period of validity of the Community licence to technical progress, in particular the national electronic registers of road transport undertakings as provided for in Article 16 of Regulation (EC) No .../2009. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(2).

3.   The Member State of establishment shall issue the holder with the original of the Community licence, which shall be kept by the haulier, and the number of certified true copies corresponding to the number of vehicles at the disposal of the holder of the Community licence, whether those vehicles are wholly owned or, for example, held under a hire purchase, hire or leasing contract.

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. It shall contain at least two of the security features listed in Annex I.

The Commission shall adapt Annexes I and II to technical progress. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(2).

5.   The Community licence and the certified true copies thereof shall bear the seal of the issuing authority as well as a signature and a serial number. The serial numbers of the Community licence and of the certified true copies shall be recorded in the national electronic register of road transport undertakings as part of the data relating to the haulier.

6.   The Community licence shall be issued in the name of the haulier and shall be non-transferable. A certified true copy of the Community licence shall be kept in each of the haulier's vehicles and shall be presented at the request of any authorised inspecting officer.

In the case of a coupled combination of vehicles, the certified true copy shall accompany the motor vehicle. It shall cover the coupled combination of vehicles even where the trailer or semi-trailer is not registered or authorised to use the roads in the name of the licence holder or where it is registered or authorised to use the roads in another Member State.

Article 5

Driver attestation

1.   A driver attestation shall be issued by a Member State, in accordance with this Regulation, to any haulier who:

| (a) | is the holder of a Community licence; and |
| --- | --- |

(a)

is the holder of a Community licence; and

| (b) | in that Member State, either lawfully employs a driver who is neither a national of a Member State nor a long-term resident within the meaning of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (12), or lawfully uses a driver who is neither a national of a Member State nor a long-term resident within the meaning of that Directive and who is put at the disposal of that haulier in accordance with the conditions of employment and of vocational training laid down in that Member State:






  (i) | by laws, regulations or administrative provisions; and, as appropriate, |
| --- | --- | --- |

(b)

in that Member State, either lawfully employs a driver who is neither a national of a Member State nor a long-term resident within the meaning of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (12), or lawfully uses a driver who is neither a national of a Member State nor a long-term resident within the meaning of that Directive and who is put at the disposal of that haulier in accordance with the conditions of employment and of vocational training laid down in that Member State:

(i)

by laws, regulations or administrative provisions; and, as appropriate,

| (ii) | by collective agreements, in accordance with the rules applicable in that Member State. |
| --- | --- |

(ii)

by collective agreements, in accordance with the rules applicable in that Member State.

2.   The driver attestation shall be issued by the competent authorities of the Member State of establishment of the haulier, at the request of the holder of the Community licence, for each driver who is neither a national of a Member State nor a long-term resident within the meaning of Directive 2003/109/EC whom that haulier lawfully employs, or for each driver who is neither a national of a Member State nor a long-term resident within the meaning of that Directive and who is put at the disposal of the haulier. Each driver attestation shall certify that the driver named therein is employed in accordance with the conditions laid down in paragraph 1.

3.   The driver attestation shall correspond to the model set out in Annex III. It shall contain at least two of the security features listed in Annex I.

4.   The Commission shall adapt Annex III to technical progress. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(2).

5.   The driver attestation shall bear the seal of the issuing authority as well as a signature and a serial number. The serial number of the driver attestation may be recorded in the national electronic register of road transport undertakings as part of the data relating to the haulier who puts it at the disposal of the driver designated therein.

6.   The driver attestation shall belong to the haulier, who puts it at the disposal of the driver designated therein when that driver drives a vehicle using a Community licence issued to that haulier. A certified true copy of the driver attestation issued by the competent authorities of the haulier's Member State of establishment shall be kept at the haulier's premises. The driver attestation shall be presented at the request of any authorised inspecting officer.

7.   A driver attestation shall be issued for a period to be determined by the issuing Member State, subject to a maximum validity of five years. Driver attestations issued before the date of application of this Regulation shall remain valid until their date of expiry.

The driver attestation shall be valid only as long as the conditions under which it was issued are satisfied. Member States shall take appropriate measures to ensure that if those conditions are no longer met, the haulier returns the attestation immediately to the issuing authorities.

Article 6

Verification of conditions

1.   Whenever an application for a Community licence or an application for renewal of a Community licence in accordance with Article 4(2) is lodged, the competent authorities of the Member State of establishment shall verify whether the haulier satisfies or continues to satisfy the conditions laid down in Article 4(1).

2.   The competent authorities of the Member State of establishment shall regularly verify, by carrying out checks each year covering at least 20 % of the valid driver attestations issued in that Member State, whether the conditions, referred to in Article 5(1), under which a driver attestation has been issued are still satisfied.

Article 7

Refusal to issue and withdrawal of Community licence and driver attestation

1.   If the conditions laid down in Article 4(1) or those referred to in Article 5(1) are not satisfied, the competent authorities of the Member State of establishment shall reject an application for the issue or renewal of a Community licence or the issue of a driver attestation, by means of a reasoned decision.

2.   The competent authorities shall withdraw a Community licence or a driver attestation where the holder:

| (a) | no longer satisfies the conditions laid down in Article 4(1) or those referred to in Article 5(1), or |
| --- | --- |

(a)

no longer satisfies the conditions laid down in Article 4(1) or those referred to in Article 5(1), or

| (b) | has supplied incorrect information in relation to an application for a Community licence or for a driver attestation. |
| --- | --- |

(b)

has supplied incorrect information in relation to an application for a Community licence or for a driver attestation.

CHAPTER III

CABOTAGE

Article 8

General principle

1.   Any haulier for hire or reward who is a holder of a Community licence and whose driver, if he is a national of a third country, holds a driver attestation, shall be entitled, under the conditions laid down in this Chapter, to carry out cabotage operations.

2.   Once the goods carried in the course of an incoming international carriage have been delivered, hauliers referred to in paragraph 1 shall be permitted to carry out, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, up to three cabotage operations following the international carriage from another Member State or from a third country to the host Member State. The last unloading in the course of a cabotage operation before leaving the host Member State shall take place within seven days from the last unloading in the host Member State in the course of the incoming international carriage.

Within the time limit referred to in the first subparagraph, hauliers may carry out some or all of the cabotage operations permitted under that subparagraph in any Member State under the condition that they are limited to one cabotage operation per Member State within three days of the unladen entry into the territory of that Member State.

3.   National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to conform with this Regulation if the haulier can produce clear evidence of the international carriage in the course of which he has arrived in the host Member State and of each consecutive cabotage operation carried out therein.

Evidence referred to in the first subparagraph shall comprise the following details for each operation:

| (a) | the name, address and signature of the sender; |
| --- | --- |

(a)

the name, address and signature of the sender;

| (b) | the name, address and signature of the haulier; |
| --- | --- |

(b)

the name, address and signature of the haulier;

| (c) | the name and address of the consignee as well as his signature and the date of delivery once the goods have been delivered; |
| --- | --- |

(c)

the name and address of the consignee as well as his signature and the date of delivery once the goods have been delivered;

| (d) | the place and the date of taking over of the goods and the place designated for delivery; |
| --- | --- |

(d)

the place and the date of taking over of the goods and the place designated for delivery;

| (e) | the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognised description, as well as the number of packages and their special marks and numbers; |
| --- | --- |

(e)

the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognised description, as well as the number of packages and their special marks and numbers;

| (f) | the gross weight of the goods or their quantity otherwise expressed; |
| --- | --- |

(f)

the gross weight of the goods or their quantity otherwise expressed;

| (g) | the number plates of the motor vehicle and trailer. |
| --- | --- |

(g)

the number plates of the motor vehicle and trailer.

4.   Any haulier entitled in the Member State of establishment, in accordance with that Member State's legislation, to carry out the road haulage operations for hire or reward specified in Article 1(5)(a), (b) and (c) 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.   Permission to carry out cabotage operations, within the framework of the types of carriage referred to in Article 1(5)(d) and (e), shall be unrestricted.

Article 9

Rules applicable to cabotage operations

1.   The performance of cabotage operations shall be subject, save as otherwise provided in Community legislation, to the laws, regulations and administrative provisions in force in the host Member State with regard to the following:

| (a) | the conditions governing the transport contract; |
| --- | --- |

(a)

the conditions governing the transport contract;

| (b) | the weights and dimensions of road vehicles; |
| --- | --- |

(b)

the weights and dimensions of road vehicles;

| (c) | the requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs and live animals; |
| --- | --- |

(c)

the requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs and live animals;

| (d) | the driving time and rest periods; |
| --- | --- |

(d)

the driving time and rest periods;

| (e) | the value added tax (VAT) on transport services. |
| --- | --- |

(e)

the value added tax (VAT) on transport services.

The weights and dimensions referred to in point (b) of the first subparagraph may, where appropriate, exceed those applicable in the haulier's Member State of establishment, but they may under no circumstances exceed the limits set by the host Member State for national traffic or the technical characteristics mentioned in the proofs referred to in Article 6(1) of Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (13).

2.   The laws, regulations and administrative provisions referred to in paragraph 1 shall be applied to non-resident hauliers under the same conditions as those imposed on hauliers established in the host Member State, so as to prevent any discrimination on grounds of nationality or place of establishment.

Article 10

Safeguard procedure

1.   In the event of serious disturbance of the national transport market in a given geographical area due to, or aggravated by, cabotage, any Member State may refer the matter to the Commission with a view to the adoption of safeguard measures and shall provide the Commission with the necessary information and notify it of the measures it intends to take as regards resident hauliers.

2.   For the purposes of paragraph 1:

| — | ‘serious disturbance of the national transport market in a given geographical area’ means the existence on the market of problems specific to it, such that there is a serious and potentially enduring excess of supply over demand, implying a threat to the financial stability and survival of a significant number of hauliers, |
| --- | --- |

—

‘serious disturbance of the national transport market in a given geographical area’ means the existence on the market of problems specific to it, such that there is a serious and potentially enduring excess of supply over demand, implying a threat to the financial stability and survival of a significant number of hauliers,

| — | ‘geographical area’ means an area covering all or part of the territory of a Member State or extending to all or part of the territory of other Member States. |
| --- | --- |

—

‘geographical area’ means an area covering all or part of the territory of a Member State or extending to all or part of the territory of other Member States.

3.   The Commission shall examine the situation on the basis in particular of the relevant data and, after consulting the committee referred to in Article 15(1), shall decide within one month of receipt of the Member State's request whether or not safeguard measures are necessary and shall adopt them if they are necessary.

Such measures may involve the temporary exclusion of the area concerned from the scope of this Regulation.

Measures adopted in accordance with this Article shall remain in force for a period not exceeding six months, renewable once within the same limits of validity.

The Commission shall without delay notify the Member States and the Council of any decision taken pursuant to this paragraph.

4.   If the Commission decides to adopt safeguard measures concerning one or more Member States, the competent authorities of the Member States involved shall be required to take measures of equivalent scope in respect of resident hauliers and shall inform the Commission thereof. Those measures shall be applied at the latest as from the same date as the safeguard measures adopted by the Commission.

5.   Any Member State may refer to the Council a decision taken by the Commission pursuant to paragraph 3 within 30 days of its notification. The Council, acting by a qualified majority may, within 30 days of that referral, or, if there are referrals by several Member States, of the first referral, take a different decision.

The limits of validity laid down in the third subparagraph of paragraph 3 shall apply to the Council's decision. The competent authorities of the Member States concerned shall be required to take measures of equivalent scope in respect of resident hauliers, and shall inform the Commission thereof. If the Council takes no decision within the period referred to in the first subparagraph, the Commission decision shall become final.

6.   Where the Commission considers that the measures referred to in paragraph 3 need to be prolonged, it shall submit a proposal to the Council, which shall take a decision by qualified majority.

CHAPTER IV

MUTUAL ASSISTANCE AND PENALTIES

Article 11

Mutual assistance

Member States shall assist one another in ensuring the application and monitoring of this Regulation. They shall exchange information via the national contact points established pursuant to Article 18 of Regulation (EC) No .../2009.

Article 12

Sanctioning of infringements by the Member State of establishment

1.   In the event of a serious infringement of Community road transport legislation committed or ascertained in any Member State, the competent authorities of the Member State of establishment of the haulier who has committed such infringement shall take the appropriate action to pursue the matter which may lead, inter alia, to the imposition of the following administrative penalties:

| (a) | temporary or permanent withdrawal of some or all of the certified true copies of the Community licence; |
| --- | --- |

(a)

temporary or permanent withdrawal of some or all of the certified true copies of the Community licence;

| (b) | temporary or permanent withdrawal of the Community licence. |
| --- | --- |

(b)

temporary or permanent withdrawal of the Community licence.

These penalties may be determined after the final decision on the matter has been taken and shall have regard to the seriousness of the infringement committed by the holder of the Community licence and to the total number of certified true copies of that licence that he holds in respect of international traffic.

2.   In the event of a serious infringement regarding any misuse whatsoever of driver attestations, the competent authorities of the Member State of establishment of the haulier who committed such infringement shall impose appropriate penalties, such as:

| (a) | suspending the issue of driver attestations; |
| --- | --- |

(a)

suspending the issue of driver attestations;

| (b) | withdrawing driver attestations; |
| --- | --- |

(b)

withdrawing driver attestations;

| (c) | making the issue of driver attestations subject to additional conditions in order to prevent misuse; |
| --- | --- |

(c)

making the issue of driver attestations subject to additional conditions in order to prevent misuse;

| (d) | withdrawing, temporarily or permanently, some or all of the certified true copies of the Community licence; |
| --- | --- |

(d)

withdrawing, temporarily or permanently, some or all of the certified true copies of the Community licence;

| (e) | withdrawing, temporarily or permanently, the Community licence. |
| --- | --- |

(e)

withdrawing, temporarily or permanently, the Community licence.

These penalties may be determined after the final decision on the matter has been taken and shall have regard to the seriousness of the infringement committed by the holder of the Community licence.

3.   The competent authorities of the Member State of establishment shall communicate to the competent authorities of the Member State in which the infringement was ascertained, as soon as possible and at the latest within two months after their final decision on the matter, which, if any, of the penalties provided for in paragraphs 1 and 2 have been imposed.

If such penalties are not imposed, the competent authorities of the Member State of establishment shall state the reasons therefor.

4.   The competent authorities shall ensure that the penalties imposed on the haulier concerned are, as a whole, proportionate to the infringement or infringements which gave rise to such penalties, taking into account any penalty for the same infringement imposed in the Member State in which the infringement was ascertained.

5.   The competent authorities of the haulier's Member State of establishment may also, pursuant to national law, bring proceedings against the haulier before a competent national court or tribunal. They shall inform the competent authority of the host Member State of any decisions taken to this effect.

6.   Member States shall ensure that hauliers have the right to appeal against any administrative penalty imposed on them pursuant to this Article.

Article 13

Sanctioning of infringements by the host Member State

1.   Where the competent authorities of a Member State are aware of a serious infringement of this Regulation or of Community road transport legislation attributable to a non-resident haulier, the Member State within the territory of which the infringement is ascertained shall transmit to the competent authorities of the haulier's Member State of establishment, as soon as possible and at the latest within two months after their final decision on the matter, the following information:

| (a) | a description of the infringement and the date and time when it was committed; |
| --- | --- |

(a)

a description of the infringement and the date and time when it was committed;

| (b) | the category, type and seriousness of the infringement; and |
| --- | --- |

(b)

the category, type and seriousness of the infringement; and

| (c) | the penalties imposed and the penalties executed. |
| --- | --- |

(c)

the penalties imposed and the penalties executed.

The competent authorities of the host Member State may request the competent authorities of the Member State of establishment to impose administrative penalties in accordance with Article 12.

2.   Without prejudice to any criminal prosecution the competent authorities of the host Member State shall be empowered to impose penalties on a non-resident haulier who has committed infringements of this Regulation or of national or Community road transport legislation in their territory during a cabotage operation. They shall impose such penalties on a non-discriminatory basis. These penalties may, inter alia, consist of a warning, or, in the event of a serious infringement, a temporary ban on cabotage operations on the territory of the host Member State where the infringement was committed.

3.   Member States shall ensure that hauliers have the right to appeal against any administrative penalty imposed on them pursuant to this Article.

Article 14

Entry in the national electronic registers

Member States shall ensure that serious infringements of Community road transport legislation committed by hauliers established in their territory, which have led to the imposition of a penalty by any Member State, as well as any temporary or permanent withdrawal of the Community licence or of the certified true copy thereof, are recorded in the national electronic register of road transport undertakings. Entries in the register which concern a temporary or permanent withdrawal of a Community licence shall remain in the database for two years from the time of the expiry of the period of withdrawal, in the case of temporary withdrawal, or from the date of withdrawal, in the case of permanent withdrawal.

CHAPTER V

IMPLEMENTATION

Article 15

Committee procedure

1.   The Commission shall be assisted by the committee established by Article 18(1) of Regulation (EEC) No 3821/85.

2.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 16

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation, and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by ... (14), and shall notify it without delay of any subsequent amendment affecting them.

Member States shall ensure that all such measures are taken without discrimination as to the nationality or place of establishment of the haulier.

Article 17

Reporting

1.   Every two years Member States shall inform the Commission of the number of hauliers possessing Community licences on 31 December of the previous year and of the number of certified true copies corresponding to the vehicles in circulation at that date.

2.   Member States shall also inform the Commission of the number of driver attestations issued in the previous calendar year as well as the number of driver attestations in circulation on 31 December of that same year.

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

CHAPTER VI

FINAL PROVISIONS

Article 18

Repeals

Regulations (EEC) No 881/92 and (EEC) No 3118/93 and Directive 2006/94/EC are hereby repealed.

References to the repealed Regulations and Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex IV.

Article 19

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 ... (15).

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 204, 9.8.2008, p. 31.

1

(2)  Opinion of the European Parliament of 21 May 2008 (not yet published in the Official Journal), Council Common Position of 9 January 2009 and Position of the European Parliament of ... (not yet published in the Official Journal). Council Decision of ...

2

(3)  OJ L 95, 9.4.1992, p. 1.

3

(4)  OJ L 279, 12.11.1993, p. 1.

4

(5)  OJ L 374, 27.12.2006, p. 5.

5

(6)  OJ L 102, 11.4.2006, p. 1.

6

(7)  OJ L 18, 21.1.1997, p. 1.

7

(8)  OJ L 370, 31.12.1985, p. 8.

8

(9)  OJ L ...

9

(10)  OJ L 184, 17.7.1999, p. 23.

10

(11)  OJ L 33, 4.2.2006, p. 82.

11

(12)  OJ L 16, 23.1.2004, p. 44.

12

(13)  OJ L 235, 17.9.1996, p. 59.

13

(14)  Two years from the date of entry into force of this Regulation.

14

(15)  Two years after the date of entry into force of this Regulation.

15

---

ANNEX I

SECURITY FEATURES OF THE COMMUNITY LICENCE AND THE DRIVER ATTESTATION

The Community licence and the driver attestation must have at least two of the following security features:

| — | a hologram; |
| --- | --- |

—

a hologram;

| — | special fibres in the paper which become visible under UV-light; |
| --- | --- |

—

special fibres in the paper which become visible under UV-light;

| — | at least one microprint line (printing visible only with a magnifying glass and not reproduced by photocopying machines); |
| --- | --- |

—

at least one microprint line (printing visible only with a magnifying glass and not reproduced by photocopying machines);

| — | tactile characters, symbols or patterns; |
| --- | --- |

—

tactile characters, symbols or patterns;

| — | double numbering: serial number of the Community licence, of the certified copy thereof or of the driver attestation as well as, in each case, the issue number; |
| --- | --- |

—

double numbering: serial number of the Community licence, of the certified copy thereof or of the driver attestation as well as, in each case, the issue number;

| — | a security design background with fine guilloche patterns and rainbow printing. |
| --- | --- |

—

a security design background with fine guilloche patterns and rainbow printing.

---

ANNEX II

Image

Image

---

ANNEX III

Image

Image

---

ANNEX IV

CORRELATION TABLE

| Regulation (EEC) No 881/92 | Regulation (EEC) No 3118/93 | Directive 2006/94/EC | This Regulation |
| --- | --- | --- | --- |
| Article 1(1) | | | Article 1(1) |
| Article 1(2) | | | Article 1(2) |
| Article 1(3) | | | Article 1(3) |
| Annex II | | Article 1(1) and (2), Annex I; Article 2 | Article 1(5) |
| | | Article 2 | Article 1(6) |
| Article 2 | | | Article 2 |
| Article 3(1) | | | Article 3 |
| Article 3(2) | | | Article 4(1) |
| Article 3(3) | | | Article 5(1) |
| Article 4 | | | |
| Article 5(1) | | | Article 4(2) |
| Articlse 5(2) | | | Article 4(3) |
| Article 5(3) | | | Article 4(4) |
| | | | Article 4(5) |
| Article 5(4), Annex I | | | Article 4(6) |
| Article 5(5) | | | Article 4(2) |
| Article 6(1) | | | Article 5(2) |
| Article 6(2) | | | Article 5(2) |
| Article 6(3) | | | Article 5(3) |
| Article 6(4) | | | Article 5(6) |
| Article 6(5) | | | Article 5(7) |
| Article 7 | | | Article 6 |
| Article 8(1) | | | Article 7(1) |
| Article 8(2) | | | Article 7(2) |
| Article 8(3) | | | Article 12(1) |
| Article 8(4) | | | Article 12(2) |
| Article 9(1) and (2) | | | Article 12(6) |
| | Article 1(1) | | Article 8(1) |
| | Article 1(2) | | Article 8(4) |
| | Article 1(3) and (4) | | Article 8(5) |
| | Article 2 | | — |
| | Article 3 | | — |
| | Article 4 | | — |
| | Article 5 | | — |
| | Article 6(1) | | Article 9(1) |
| | Article 6(2) | | — |
| | Article 6(3) | | Article 9(2) |
| | Article 6(4) | | — |
| | Article 7 | | Article 10 |
| Article 10 | | | Article 17(1) |
| Article 11(1) | Article 8(1) | | Article 11 |
| Article 11(2) | | | Article 13(1) |
| Article 11(3) | | | Article 12(4) |
| Article 11a | | | |
| | Article 8(2) and (3) | | Article 13(2) |
| | Article 8(4) subparagraphs 1 and 3 | | |
| | Article 8(4) subparagraph 2 | | Article 12(4) |
| | Article 8(4) subparagraphs 4 and 5 | | Article 12(5) |
| | Article 9 | | Article 13(3) |
| Article 12 | | | Article 18 |
| Article 13 | | | |
| Article 14 | Article 10 | | |
| | Article 11 | | |
| Article 15 | Article 12 | Article 4 | Article 19 |
| | | Article 3 | |
| | | Article 5 | |
| | | Annex II, III | |
| Annex I | | | Annex II |
| Annex III | | | Annex III |
| | Annex I | | |
| | Annex II | | |
| | Annex III | | |
| | Annex IV | | |

Regulation (EEC) No 881/92

Regulation (EEC) No 3118/93

Directive 2006/94/EC

This Regulation

Article 1(1)

Article 1(1)

Article 1(2)

Article 1(2)

Article 1(3)

Article 1(3)

Annex II

Article 1(1) and (2), Annex I; Article 2

Article 1(5)

Article 2

Article 1(6)

Article 2

Article 2

Article 3(1)

Article 3

Article 3(2)

Article 4(1)

Article 3(3)

Article 5(1)

Article 4

Article 5(1)

Article 4(2)

Articlse 5(2)

Article 4(3)

Article 5(3)

Article 4(4)

Article 4(5)

Article 5(4), Annex I

Article 4(6)

Article 5(5)

Article 4(2)

Article 6(1)

Article 5(2)

Article 6(2)

Article 5(2)

Article 6(3)

Article 5(3)

Article 6(4)

Article 5(6)

Article 6(5)

Article 5(7)

Article 7

Article 6

Article 8(1)

Article 7(1)

Article 8(2)

Article 7(2)

Article 8(3)

Article 12(1)

Article 8(4)

Article 12(2)

Article 9(1) and (2)

Article 12(6)

Article 1(1)

Article 8(1)

Article 1(2)

Article 8(4)

Article 1(3) and (4)

Article 8(5)

Article 2

—

Article 3

—

Article 4

—

Article 5

—

Article 6(1)

Article 9(1)

Article 6(2)

—

Article 6(3)

Article 9(2)

Article 6(4)

—

Article 7

Article 10

Article 10

Article 17(1)

Article 11(1)

Article 8(1)

Article 11

Article 11(2)

Article 13(1)

Article 11(3)

Article 12(4)

Article 11a

Article 8(2) and (3)

Article 13(2)

Article 8(4) subparagraphs 1 and 3

Article 8(4) subparagraph 2

Article 12(4)

Article 8(4) subparagraphs 4 and 5

Article 12(5)

Article 9

Article 13(3)

Article 12

Article 18

Article 13

Article 14

Article 10

Article 11

Article 15

Article 12

Article 4

Article 19

Article 3

Article 5

Annex II, III

Annex I

Annex II

Annex III

Annex III

Annex I

Annex II

Annex III

Annex IV

---

STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

The Commission presented the proposal for a Regulation on common rules for access to the international road haulage market (recast) on 25 May 2007 as one of the three proposals of the so-called ‘Road Package’ (1).

On 21 May 2008, the European Parliament voted its opinion at 1st reading.

On 9 January 2009, the Council adopted its common position in accordance with Article 251 of the Treaty.

In carrying out its work, the Council took account of the opinions of the European Economic and Social Committee. The Committee of Regions decided not to give an opinion on the three proposals of the road package.

II.   ANALYSIS OF THE COMMON POSITION

1.   General

Following the ‘Conclusions on the contribution of the transport sector to the Lisbon strategy’ of the Spring 2007 European Council, the Commission decided to make proposals to review the existing legislative framework on access to the profession of transport operator and access to the international road haulage market as well as to the international market for coach and bus services, in order to, inter alia, ensure that administrative burdens were appropriate and proportionate. As a whole, these new proposals seek to modernise, replace and merge provisions governing road transport operators and access to the road transport markets.

The proposal for a regulation on common rules for the access to the international road haulage market, as it was presented by the Commission, aims at fairer competition by making these rules more comparable, consistent and enforceable. It also encourages better optimisation of vehicle loads in international trips which contributes to reducing the environmental impact of transport.

The common position as agreed by the Council lays down rules concerning the access to the international freight transport market. It consolidates, merges and substantially modifies Community legislation currently in force by giving a simple, clear and enforceable definition of cabotage. It also simplifies the standardised format for the Community licence, the certified copies and the driver attestation. In particular it rules on the periods of validity of the Community licence and on the verification of compliance, and provides a list of security features in order to avoid manipulation and forgery of these documents. Moreover, the common position enhances the current legal provisions on the exchange of information and mutual assistance among the Member States and on penalties, i.e. the sanctioning of infringements by the Member State of establishment and the host Member State. It also obliges Member States to enter into their national register of road transport undertakings all serious infringements committed by their own hauliers which have led to the imposition of a penalty. The common position also introduces the obligation for the Commission to assess, in a report to be published at the end of 2013, whether the progress in the harmonisation of certain rules (i.e. enforcement and road user charges) will allow a further opening of the domestic transport markets, including cabotage.

2.   Key policy issues

i)   Community licence and driver attestation

The Commission proposal foresees the issuing of a Community licence for a renewable period of five years. Moreover, it obliges the Member States to record the serial numbers of the licence and the certified true copies in the national electronic register of road transport undertakings provided for in the proposal for a regulation on the admission to the transport operator.

The Council in its common position allows a more flexible approach and a longer period of validity for the Community licence, given that the aforementioned register will allow an immediate verification of the current status of a transport undertaking. The common position therefore extends the validity of the renewable Community licence to ‘up to 10 years’, introduces the (comitology) regulatory procedure with scrutiny to care for future necessary adaptations of the validity of the Community licence, and also amends accordingly the provisions concerning the verification of conditions for the issuing and renewal of the licence.

Concerning the issuing of a driver attestation, the Council decided to include in its common position a reference to Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents (Article 5.1 (b) and 5.2). As for the recording of the serial number of the driver attestation in the national electronic register, the common position deviates from the Commission proposal and leaves this provision optional (Article 5.5).

In order to avoid possible falsifications of these documents, the Council decided to amend Annexes I and II by adding a series of security features, of which at least two have to be used within the documents. The European Parliament decided to follow the Commission's approach and did not adopt amendments on this issue.

ii)   Cabotage

In order to clarify the temporary nature of cabotage, the original Commission proposal introduces a new definition of this concept by limiting the number of cabotage operations to up to three within a timeframe of seven days following an international carriage of goods. These limitations are aimed at facilitating enforcement, as the relevant information could be gathered from the CMR consignment letters, which are used in all international transport. For the sake of completeness the Commission proposal also includes, in the relevant Article, the information which should be documented and available within the vehicle.

In its common position, the Council follows the Commission proposal, but, in order to avoid unladen journeys on Community roads, introduces an additional provision allowing hauliers to carry out cabotage operations in transited Member States. Such operations will be limited to one per transited Member State within three days following the unladen entry into the territory of that Member State. The overall number of operations, however, will still be limited to three within seven days. Such a wider approach provides Community hauliers with more flexibility within the framework established by the original Commission proposal, whilst at the same time setting a limit to uncontrolled cabotage operations and contributing to environment protection by reducing the number of empty runs of vehicles.

The Council's common position also re-introduces certain safeguard measures which are currently in force and which allow Member States, following approval by the Commission, to introduce protective measures in case of serious disturbance of the national transport market in a geographical area due to or aggravated by cabotage.

The Council also decided to include in its common position the obligation for the Commission to assess, in a future report on the state of the Community road transport market, whether the progress in the harmonisation of certain rules (i.e. enforcement and road user charges) allows further opening of the domestic transport markets, including cabotage. This report will also contain an analysis of the market situation and the evolution of employment conditions in the profession. The date of delivery of this report is set for the end of 2013.

The European Parliament also accepted the Commission's proposal of allowing three consecutive cabotage operations within seven days. It adopted, however, an additional provision allowing cabotage operations in Member States which are transited by the vehicle on its way home under the condition that the shortest homeward journey transits through that Member State and that the time limit of seven days is respected. Moreover, the European Parliament also decided to re-introduce safeguard measures in case of serious disturbance of a national market due to or aggravated by cabotage.

Furthermore, the European Parliament adopted provisions allowing Member States to conclude bilateral agreements granting a less restrictive approach on cabotage, authorizing cabotag after partial unloading, and requesting the introduction of a single harmonised model for a waybill valid throughout the European Union for all haulage operations and including cabotage.

Contrary to the approach taken by the Council and the Commission, the European Parliament voted in favour of a complete liberalisation of cabotage operations as of 1 January 2014.

iii)   Cooperation between Member States

Following the Commission proposal and in order to facilitate and strengthen the exchange of information between national authorities, the Council decided to include in its common position a provision obliging the Member States to exchange information via the national contact points. The Council also followed the Commission proposal concerning the obligation for the Member States to enter into their national register of road transport undertakings all serious infringements of Community transport legislation which have led to the imposition of a penalty. Moreover, the Council decided to enter into the national registers any temporary or permanent withdrawal of the Community licence or of the certified true copies. The latter entries will remain in the data base for two years.

The provisions concerning the establishment of national contact points as well as the national registers are also contained in the draft Regulation on the admission to the occupation of road transport operator.

The European Parliament decided to follow the Commission proposal and did not adopt amendments on this issue.

iv)   Sanctioning of infringements

In order to homogenise the current monitoring and control systems employed by Member States, the Commission proposes to enhance the power and means of the national authorities who are habilitated to deliver and withdraw the Community licence. The proposal therefore contains an obligation for the competent authority of the Member State of establishment of the haulier to issue a warning, when a haulier commits a serious infringement or repeats minor infringements of road transport legislation. This obligation also applies to cases where the haulier committed such an infringement in another Member State. A further provision clarifies the sanctions that the Member State may impose on the hauliers established within its territory, namely the temporary or partial withdrawal of certified copies of the Community licence, the Community licence itself or driver attestations. A Member State may also impose as a sanction the temporary or permanent disqualification of a haulier's transport manager.

The common position as agreed by the Council follows to a large extent the Commission's approach towards serious infringements. However, the Council decided against the issuing of a warning and agreed to leave the choice of action to the Member States. Moreover, the Council agreed to leave the weighing of repeated minor infringements to the discretion of the Member States. The common position also introduces the obligation for the competent authority of the Member State of establishment of the haulier to communicate to the competent authority of the Member State in which an infringement was ascertained whether and which penalties have been imposed. The timeframe foreseen for this communication is fixed within two months after the final decision on the matter has been taken.

The original Commission proposal also introduces a new procedure to be followed by the Member State which ascertains a serious infringement committed by a non-resident haulier. This Member State has one month to communicate the information (in minimum standard format) and may ask the Member State of establishment to impose administrative sanctions. The Member State of establishment of the haulier concerned has three months to inform the other Member State of the follow-up.

The Council common position has taken over this provision but allows two months for the communication. The Council common position does not contain any obligation for the Member State of establishment of the haulier to report on the follow-up.

The European Parliament also decided against the inclusion of provisions concerning repeated minor infringement. Moreover, it voted in favour of a provision allowing the imposition of fines as a possible penalty.

3.   Other amendments adopted by the European Parliament

The Council common position integrated fully or in principle amendments concerning a modified definition of the exception for the carriage of mail and the limitation of details contained in the evidence to be produced for the international carriage in connection with cabotage operations.

The amendments not included in the common position concern:

| — | a recital on the relation to Directive 92/106/EEC on combined transport; |
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a recital on the relation to Directive 92/106/EEC on combined transport;

| — | an addition to the definition of cabotage; |
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an addition to the definition of cabotage;

| — | 1 January 2009 as a fixed date of application of this Regulation; |
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1 January 2009 as a fixed date of application of this Regulation;

| — | the reference to the Directive on the posting of workers as rules applicable to cabotage; |
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the reference to the Directive on the posting of workers as rules applicable to cabotage;

| — | the possibility for Member States to regulate cross trade. |
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the possibility for Member States to regulate cross trade.

III.   CONCLUSION

In establishing its common position, the Council has taken full account of the proposal of the Commission and the European Parliament's opinion at first reading. With respect to the amendments proposed by the European Parliament, the Council observes that a considerable number of amendments have — in spirit, partially or in full — already been included in its common position.

As regards the main issue of disagreement — the fixation of a date for the liberalisation of the cabotage market — the Council considers its approach to be a balanced and appropriate response.

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(1)  The other 2 legislative proposals concern:

| — | a proposal for a Regulation of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (10114/1/07 TRANS 194 CODEC 602 + REV1 (en,fr, de)) and |
| --- | --- |

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a proposal for a Regulation of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (10114/1/07 TRANS 194 CODEC 602 + REV1 (en,fr, de)) and

| — | a proposal for a Regulation of the European Parliament and of the Council on common rules for access to the market of coach and bus services (recast) (10102/2/07 TRANS 191 CODEC 601 + REV 2 (en, fr, de)). |
| --- | --- |

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a proposal for a Regulation of the European Parliament and of the Council on common rules for access to the market of coach and bus services (recast) (10102/2/07 TRANS 191 CODEC 601 + REV 2 (en, fr, de)).

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