P8_TC1-COD(2017)0113

Position of the European Parliament adopted at first reading on 15 January 2019 with a view to the adoption of Directive (EU) …/… of the European Parliament and of the Council on amending Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage of goods by road

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

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

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

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1) Directive 2006/1/EC of the European Parliament and of the Council (3) provides for a minimum level of the market opening for the use of vehicles hired without drivers for the carriage of goods by road.

(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 may often be safer and less polluting. [Am. 1]

(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 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 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. [Am. 2]

(4) In order to enable undertakings to benefit to a greater extent from the advantages of using hired vehicles, it should be possible for them to use vehicles hired in any Member State, not only the one of their establishment. That would make it easier for them to meet in particular short-term, seasonal or temporary demand peaks or to replace defective or damaged vehicles.

(4a) 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. [Am. 3]

(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 for the purpose of avoiding 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 , subject to the conditions laid down in this Directive 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 . [Am. 4]

(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 of the European Parliament and of the Council (4) . 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. [Am. 5]

(6) In order to allow own account transport operations to be conducted more efficiently, Member States should no longer be allowed to restrict the possibility to use hired vehicles for such operations.

(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. [Am. 6]

(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. Any 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. [Am. 7]

(8) Since the objectives of this Directive cannot be sufficiently achieved by the Member States alone but can rather, by reason of the cross-border nature of road transport and of the issues this Directive is intended to address, be better achieved at Union level, the Union may adopt measures, in line with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In line with the principle of proportionality, this Directive does not go beyond what is necessary in order to achieve those objectives.

(9) Directive 2006/1/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1 Directive 2006/1/EC is amended as follows: (1) Article 2 is amended as follows: (a) paragraph 1 is amended as follows: (i) the introductory sentence is replaced by the following: ‘Each Member State shall allow the use within its territory of vehicles hired by undertakings established on the territory of another Member State provided that:’; (ii) point (a) is replaced by the following: ‘(a) the vehicle is registered or put into circulation in compliance with the laws of a any Member State , including operating standards and safety requirements ;’; [Am. 8] (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.’ [Am. 9] (2) Article 3 is replaced by the following: ‘Article 3 1. Member States shall take the necessary measures to ensure that their 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. [Am. 10] 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. [Am. 11] 1b. Member States may exclude from the provisions of paragraph 1 own account transport operations carried out by vehicles with a total permissible laden weight of more than 6 tonnes. ’[Am. 28 and 34] (2a) the following Article 3a 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) . (*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.’ [Am. 12]" (3) the following Article 5a is inserted: ‘Article 5a By … [OP: please insert the date calculated 5 3 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. 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 of the European Parliament and of the Council (5) . On the basis of this report, the Commission shall assess whether it is necessary to propose additional measures.’[Am. 13] (5) Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72) "

Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by … [OP: please insert 20 months after the date calculated 18 months following the of entry into force of this Directive ] at the latest. They shall communicate to the Commission the text of those provisions without delay. [Am. 14] When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3 This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 4 This Directive is addressed to the Member States.

Done at …, For the European Parliament The President For the Council The President

(1) OJ C 129, 11.4.2018, p. 71.

(2) Position of the European Parliament of 15 January 2019.

(3) 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 (codified version) (OJ L 33, 4.2.2006, p. 82).

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