# C_2020028EN.01016501.xml

| 27.1.2020 | EN | Official Journal of the European Union | C 28/165 |
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27.1.2020

EN

Official Journal of the European Union

C 28/165

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P8_TA(2018)0264

Use of vehicles hired without drivers for the carriage of goods by road ***I

Amendments adopted by the European Parliament on 14 June 2018 on the proposal for a directive of the European Parliament and of the Council amending Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage ofgoods by road (COM(2017)0282 – C8-0172/2017 – 2017/0113(COD)) (1)

(Ordinary legislative procedure: first reading)

(2020/C 28/26)

Amendment 1

Proposal for a directive

Recital 2

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (2) | The use of hired vehicles can reduce the costs of undertakings carrying goods on their own account or for hire and reward and at the same time increase their operational flexibility. It can therefore contribute to an increase in the productivity and competitiveness of the undertakings concerned. Moreover, as hired vehicles tend to be younger than the average fleet, they
  are also
  safer and less polluting. |

Text proposed by the Commission

Amendment

(2)

The use of hired vehicles can reduce the costs of undertakings carrying goods on their own account or for hire and reward and at the same time increase their operational flexibility. It can therefore contribute to an increase in the productivity and competitiveness of the undertakings concerned. Moreover, as hired vehicles tend to be younger than the average fleet, they
  are also
  safer and less polluting.

| (2) | Such use of hired vehicles can reduce the costs of undertakings carrying goods on their own account or for hire and reward whilst increasing their operational flexibility. That use of hired vehicles can therefore contribute to an increase in the productivity and competitiveness of the undertakings concerned. Moreover, since hired vehicles tend to be younger than the average fleet, they
  may often be
  safer and less polluting. |
| --- | --- |

(2)

Such use of hired vehicles can reduce the costs of undertakings carrying goods on their own account or for hire and reward whilst increasing their operational flexibility. That use of hired vehicles can therefore contribute to an increase in the productivity and competitiveness of the undertakings concerned. Moreover, since hired vehicles tend to be younger than the average fleet, they
  may often be
  safer and less polluting.

Amendment 2

Proposal for a directive

Recital 3

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (3) | Directive 2006/1/EC does not enable undertakings to fully benefit from the advantages of using hired vehicles. That Directive allows Member States to restrict the use by their undertakings of hired vehicles with a maximum permissible laden weight of more than six tonnes for own account operations. Moreover, Member States are not required to allow the use of a hired vehicle on their respective territories if the vehicle has been registered or put into circulation in compliance with the laws in a Member State other than the one of establishment of the undertaking hiring it. |

Text proposed by the Commission

Amendment

(3)

Directive 2006/1/EC does not enable undertakings to fully benefit from the advantages of using hired vehicles. That Directive allows Member States to restrict the use by their undertakings of hired vehicles with a maximum permissible laden weight of more than six tonnes for own account operations. Moreover, Member States are not required to allow the use of a hired vehicle on their respective territories if the vehicle has been registered or put into circulation in compliance with the laws in a Member State other than the one of establishment of the undertaking hiring it.

| (3) | Directive 2006/1/EC does not enable undertakings to fully benefit from the advantages of using hired vehicles. That Directive allows Member States to restrict the use, by the undertakings
  established within their territories
  , of hired vehicles with a maximum permissible laden weight of more than six tonnes for own account operations. Moreover, Member States are not required to allow the use on their respective territories of a hired vehicle that has been registered or put into circulation in compliance with the laws in a Member State other than the one of establishment of the undertaking hiring it. |
| --- | --- |

(3)

Directive 2006/1/EC does not enable undertakings to fully benefit from the advantages of using hired vehicles. That Directive allows Member States to restrict the use, by the undertakings
  established within their territories
  , of hired vehicles with a maximum permissible laden weight of more than six tonnes for own account operations. Moreover, Member States are not required to allow the use on their respective territories of a hired vehicle that has been registered or put into circulation in compliance with the laws in a Member State other than the one of establishment of the undertaking hiring it.

Amendment 3

Proposal for a directive

Recital 4 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (4 a) | Member States should not be allowed to restrict the use on their respective territories of a vehicle hired by an undertaking duly established on the territory of another Member State, provided that the vehicle is registered and complies with operating standards and safety requirements, or put into circulation in compliance with the laws of any Member State and authorised to be operated by the Member State of establishment of the undertaking responsible. |

Text proposed by the Commission

Amendment

(4 a)

Member States should not be allowed to restrict the use on their respective territories of a vehicle hired by an undertaking duly established on the territory of another Member State, provided that the vehicle is registered and complies with operating standards and safety requirements, or put into circulation in compliance with the laws of any Member State and authorised to be operated by the Member State of establishment of the undertaking responsible.

Amendment 4

Proposal for a directive

Recital 5

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (5) | The level of road transport taxation still differs considerably within the Union. Therefore, certain restrictions, which also indirectly affect the freedom to provide vehicle hiring services, remain justified
  in order to avoid
  fiscal distortions. Consequently, Member States should have the option to limit
  the length of time a vehicle hired in a Member State other than the one of establishment of the undertaking hiring it can be used
  within their respective territories. |

Text proposed by the Commission

Amendment

(5)

The level of road transport taxation still differs considerably within the Union. Therefore, certain restrictions, which also indirectly affect the freedom to provide vehicle hiring services, remain justified
  in order to avoid
  fiscal distortions. Consequently, Member States should have the option to limit
  the length of time a vehicle hired in a Member State other than the one of establishment of the undertaking hiring it can be used
  within their respective territories.

| (5) | The level of road transport taxation still differs considerably within the Union. Therefore, certain restrictions, which also indirectly affect the freedom to provide vehicle hiring services, remain justified
  for the purpose of avoiding
  fiscal distortions. Consequently, Member States should have the option to limit,
  subject to the conditions laid down in this Directive
  and within their respective territories,
  the length of time an established undertaking can use a hired vehicle registered or put into circulation in another Member State
  .
  They should also be allowed to limit the number of such vehicles being hired by an undertaking established within their territories. |
| --- | --- |

(5)

The level of road transport taxation still differs considerably within the Union. Therefore, certain restrictions, which also indirectly affect the freedom to provide vehicle hiring services, remain justified
  for the purpose of avoiding
  fiscal distortions. Consequently, Member States should have the option to limit,
  subject to the conditions laid down in this Directive
  and within their respective territories,
  the length of time an established undertaking can use a hired vehicle registered or put into circulation in another Member State
  .
  They should also be allowed to limit the number of such vehicles being hired by an undertaking established within their territories.

Amendment 5

Proposal for a directive

Recital 5 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (5a) | In order to enforce these measures, the information on the registration number of the hired vehicle should be provided in the Member States’ national electronic registers as established by Regulation (EC) No 1071/2009. Competent authorities of the Member State of establishment that are being informed of the use of a vehicle which the operator has hired and which is registered or put into circulation in compliance with the laws in another Member State should inform the competent authorities of that other Member State thereof. Member States should use the Internal Market Information System (IMI) to that end. |

Text proposed by the Commission

Amendment

(5a)

In order to enforce these measures, the information on the registration number of the hired vehicle should be provided in the Member States’ national electronic registers as established by Regulation (EC) No 1071/2009. Competent authorities of the Member State of establishment that are being informed of the use of a vehicle which the operator has hired and which is registered or put into circulation in compliance with the laws in another Member State should inform the competent authorities of that other Member State thereof. Member States should use the Internal Market Information System (IMI) to that end.

Amendment 6

Proposal for a directive

Recital 6 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (6a) | In order to maintain operational standards, meet safety requirements and ensure decent working conditions for drivers, it is important for carriers to have guaranteed access to assets and direct support infrastructure in the country in which they are performing their operations. |

Text proposed by the Commission

Amendment

(6a)

In order to maintain operational standards, meet safety requirements and ensure decent working conditions for drivers, it is important for carriers to have guaranteed access to assets and direct support infrastructure in the country in which they are performing their operations.

Amendment 7

Proposal for a directive

Recital 7

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (7) | The implementation and effects of this Directive should be monitored by the Commission and be documented by it in a report.
  Any
  future action in this area should be considered in light of that report. |

Text proposed by the Commission

Amendment

(7)

The implementation and effects of this Directive should be monitored by the Commission and be documented by it in a report.
  Any
  future action in this area should be considered in light of that report.

| (7) | The implementation and effects of this Directive should be monitored by the Commission and be documented by it in a report at the latest
  three years after the date of transposition of this Directive. The report should take due account of the impact on road safety, on tax revenues and on the environment. The report should also assess all infringements of this Directive, including cross-border infringements. The need for
  future action in this area should be considered in light of that report. |
| --- | --- |

(7)

The implementation and effects of this Directive should be monitored by the Commission and be documented by it in a report at the latest
  three years after the date of transposition of this Directive. The report should take due account of the impact on road safety, on tax revenues and on the environment. The report should also assess all infringements of this Directive, including cross-border infringements. The need for
  future action in this area should be considered in light of that report.

Amendment 8

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point a – point ii

Directive 2006/1/EC

Article 2 – paragraph 1 – point a

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (a) | the vehicle is registered or put into circulation in compliance with the laws of
  a
  Member State; |

Text proposed by the Commission

Amendment

(a)

the vehicle is registered or put into circulation in compliance with the laws of
  a
  Member State;

| (a) | the vehicle is registered or put into circulation in compliance with the laws of
  any
  Member State,
  including operating standards and safety requirements
  ; |
| --- | --- |

(a)

the vehicle is registered or put into circulation in compliance with the laws of
  any
  Member State,
  including operating standards and safety requirements
  ;

Amendment 9

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point b

Directive 2006/1/EC

Article 2 – paragraph 1 – point b

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| (b) | the following paragraph 1a is inserted: |

Text proposed by the Commission

Amendment

(b)

the following paragraph 1a is inserted:

‘1a.
     
  Where the vehicle is not registered or put into circulation in compliance with the laws of the Member State where the undertaking hiring the vehicle is established, Member States may limit the time of use of the hired vehicle within their respective territories. However, Member States shall in such a case allow its use for at least four months in any given calendar year.’

deleted

deleted

Amendment 10

Amendment 10

Proposal for a directive

Proposal for a directive

Article 1 – paragraph 1 – point 2

Article 1 – paragraph 1 – point 2

Directive 2006/1/EC

Article 3 – paragraph 1

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| Member States shall take the necessary measures to ensure that
  their
  undertakings may use hired vehicles for the carriage of goods by road under the same conditions as vehicles owned by them, provided that the conditions laid down in Article 2 are satisfied. | | 1.
     Member States shall take the necessary measures to ensure that undertakings
  established within their territories
  may use hired vehicles for the carriage of goods by road under the same conditions as vehicles owned by them, provided that the conditions laid down in Article 2 are satisfied. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall take the necessary measures to ensure that
  their
  undertakings may use hired vehicles for the carriage of goods by road under the same conditions as vehicles owned by them, provided that the conditions laid down in Article 2 are satisfied.

their

1.
     Member States shall take the necessary measures to ensure that undertakings
  established within their territories
  may use hired vehicles for the carriage of goods by road under the same conditions as vehicles owned by them, provided that the conditions laid down in Article 2 are satisfied.

Amendment 11

Amendment 11

Proposal for a directive

Proposal for a directive

Article 1 – paragraph 1 – point 2

Article 1 – paragraph 1 – point 2

Directive 2006/1/EC

Article 3 – paragraph 1 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | 1a.
     
  Where the vehicle is registered or put into circulation in compliance with the laws of another Member State, the Member State of establishment of the undertaking may:










  (a) | limit the time of use of the hired vehicle within its respective territory provided that it allows the use of the hired vehicle for at least four consecutive months any given calendar year; in which case the contract of hire may be required not to last longer than the time limit set by the Member State; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  Where the vehicle is registered or put into circulation in compliance with the laws of another Member State, the Member State of establishment of the undertaking may:

(a)

limit the time of use of the hired vehicle within its respective territory provided that it allows the use of the hired vehicle for at least four consecutive months any given calendar year; in which case the contract of hire may be required not to last longer than the time limit set by the Member State;

| (b) | limit the number of hired vehicles that can be used by any undertaking, provided that they allow the use of at least a number of vehicles corresponding to 25% of the overall goods vehicle fleet owned by the undertaking on 31 December of the year preceding the request for authorisation; in which case an undertaking that has an overall fleet of more than one and less than four vehicles, shall be allowed to use at least one such hired vehicle.” |
| --- | --- |

(b)

limit the number of hired vehicles that can be used by any undertaking, provided that they allow the use of at least a number of vehicles corresponding to 25% of the overall goods vehicle fleet owned by the undertaking on 31 December of the year preceding the request for authorisation; in which case an undertaking that has an overall fleet of more than one and less than four vehicles, shall be allowed to use at least one such hired vehicle.”

Amendment 12

Amendment 12

Proposal for a directive

Proposal for a directive

Article 1 – paragraph 1 – point 2 a (new)

Article 1 – paragraph 1 – point 2 a (new)

Directive 2006/1/EC

Article 3 a (new)

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| | | (2a) | the following Article 3 a is inserted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(2a)

(2a)

the following Article 3 a is inserted

“Article 3a

1.
     
  The information on a hired vehicle's registration number shall be entered in the national electronic register as defined in Article 16 of Regulation (EC) No 1071/2009

   (*1).

2.
     
  Competent authorities of the Member State of establishment of an operator that are informed of the use of a vehicle which that operator has hired and which is registered or put into circulation in compliance with the laws of another Member State shall inform the competent authorities of that other Member State thereof.

3.
     
  The administrative cooperation provided for in paragraph 2 shall be by means of the Internal market Information System (IMI), established by Regulation (EU) No 1024/2012

   (*2).

Amendment 13

Amendment 13

Proposal for a directive

Proposal for a directive

Article 1 – paragraph 1 – point 3

Article 1 – paragraph 1 – point 3

Directive 2006/1/EC

Article 5 a – paragraph 1

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| By [insert the date calculated
  5
  years after the deadline for transposition of the Directive], the Commission shall submit a report to the European Parliament and the Council on the implementation and effects of this Directive. The report shall include information on the use of vehicles hired in a Member State other than the Member State of establishment of the undertaking hiring the vehicle. On the basis of this report, the Commission shall assess whether it is necessary to propose additional measures. | | By ... [
  3
  years after the deadline for transposition of this amending Directive], the Commission shall submit a report to the European Parliament and the Council on the implementation and effects of this Directive. The report shall include information on the use of vehicles hired in a Member State other than the Member State of establishment of the undertaking hiring the vehicle.
  The report shall pay particular attention to the impact on road safety, and on tax revenues, including fiscal distortions, and on the enforcement of cabotage rules in accordance with Regulation (EC) No 1072/2009.
  On the basis of this report, the Commission shall assess whether it is necessary to propose additional measures. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

By [insert the date calculated
  5
  years after the deadline for transposition of the Directive], the Commission shall submit a report to the European Parliament and the Council on the implementation and effects of this Directive. The report shall include information on the use of vehicles hired in a Member State other than the Member State of establishment of the undertaking hiring the vehicle. On the basis of this report, the Commission shall assess whether it is necessary to propose additional measures.

5

By ... [
  3
  years after the deadline for transposition of this amending Directive], the Commission shall submit a report to the European Parliament and the Council on the implementation and effects of this Directive. The report shall include information on the use of vehicles hired in a Member State other than the Member State of establishment of the undertaking hiring the vehicle.
  The report shall pay particular attention to the impact on road safety, and on tax revenues, including fiscal distortions, and on the enforcement of cabotage rules in accordance with Regulation (EC) No 1072/2009.
  On the basis of this report, the Commission shall assess whether it is necessary to propose additional measures.

3

The report shall pay particular attention to the impact on road safety, and on tax revenues, including fiscal distortions, and on the enforcement of cabotage rules in accordance with Regulation (EC) No 1072/2009.

Amendment 14

Amendment 14

Proposal for a directive

Proposal for a directive

Article 2 – paragraph 1 – subparagraph 1

Article 2 – paragraph 1 – subparagraph 1

| Text proposed by the Commission | | Amendment |
| --- | --- | --- |
| Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by
  [insert
  the date
  calculated 18 months following the
  entry into force
  ] at the latest
  . They shall communicate to the Commission the text of those provisions without delay. | | Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ...
  [20 months after
  the date
  of
  entry into force
  of this Directive]
  . They shall communicate to the Commission the text of those provisions without delay. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by
  [insert
  the date
  calculated 18 months following the
  entry into force
  ] at the latest
  . They shall communicate to the Commission the text of those provisions without delay.

[insert

calculated 18 months following the

] at the latest

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ...
  [20 months after
  the date
  of
  entry into force
  of this Directive]
  . They shall communicate to the Commission the text of those provisions without delay.

[20 months after

of

of this Directive]

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(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0193/2018).

1

(*1)  
  Referring to Article 16 of Regulation (EC) No 1071/2009 taking into account the extension of the information to be recorded as proposed by the Commission.

*1

Referring to Article 16 of Regulation (EC) No 1071/2009 taking into account the extension of the information to be recorded as proposed by the Commission.

(*2)  

  OJ L 316, 14.11.2012, p. 1.
  ”

*2

OJ L 316, 14.11.2012, p. 1.

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