position of the Council on the adoption of 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 of goods by road

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the

2017/0113 (COD)

COMMUNICATION FROM THE COMMISSION

TO THE EUROPEAN PARLIAMENT



pursuant to Article 294(6) of the Treaty on the Functioning of the European Union



concerning the

position of the Council on the adoption of 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 of goods by road

1.Background

Date of transmission of the proposal to the European Parliament and to the Council (document COM(2017) 282 final – 2017/0113 COD): 6 June 2017 Date of the opinion of the European Economic and Social Committee: 6 December 2017 Date of the opinion of the European Committee of the Regions 1 February 2018 Date of the position of the European Parliament, first reading: 15 January 2019 Date of transmission of the amended proposal: 22 February 2019 Date of adoption of the position of the Council: 20 December 2021

2.Objective of the proposal from the Commission

The use of hired goods vehicles (instead of vehicles owned by the undertakings) can improve the allocation of resources (e.g. no need for capital to be tied up in a vehicle that is underutilised) and increase the flexibility and productivity of undertakings. The proposal aims at promoting the use of hired vehicles by removing (some of) the possibilities for Member States to restrict their use under Directive 2006/1/EC.

Member States may currently restrict the use of hired vehicles above 6 tonnes used for own account operations and they may restrict, on their respective territories, the use of vehicles, which an undertaking has hired outside its country of establishment. As the use of such vehicles is allowed in some Member States but not in others, there is a legal patchwork in the EU, which creates legal uncertainty. One of the objectives of the proposal was to get legal certainty for the use of hired vehicles across the EU. Another objective was to allow the use of vehicles hired (and registered) in another Member State, to meet in particular short-term, seasonal or temporary demand peaks or to replace defective or damaged vehicles.

3.Comments on the position of the Council

3.1.Minimum period for hire

The question for which minimum period Member States have to allow the use of hired vehicles with a foreign number plate by undertakings established under their legislations was the most contentious issue for the co-legislators. The Council position is based on a two-track solution, linking the minimum hire period to the national rules for registration of hired vehicles. Member States would be free either to allow only 30 consecutive days for the use of hired vehicles with foreign number plates (for Member States with a registration requirement after 30 days or less) or to grant 2 months of use of such vehicles (for Member States with more “generous” registration rules). It would also be possible to have complete liberalisation (no registration requirement at all for foreign vehicles used by undertakings of the Member State), if a Member State so wishes. The Council has also adopted rules, which oblige haulage companies to register hired vehicles, also those hired in a Member State other than the Member State of establishment, in the national electronic registers of road transport undertakings.

The Commission can agree to this compromise solution as it reflects the objective of the Commission proposal to allow for more flexibility in the market of hired vehicles than under the existing directive. Limitations can now only be introduced by Member States for their own undertakings, while the existing directive allowed restrictions on the hiring of vehicles for foreign undertakings. Under the existing directive, Member States are able to ask for immediate domestic registration of hired vehicles with a foreign number plate. According to the Council position there will now be a minimum period of use (30 days) which all Member States have to grant, and during which they cannot ask for national registration of such vehicles (which is costly and burdensome for the undertakings). The provisions on the obligations for haulage companies to register hired vehicles in the national electronic registers are also acceptable, since they allow a better control of such vehicles by national authorities.

Since the renewed directive will likely increase the use of hired vehicles, and such vehicles are often newer and more environment-friendly, this solution is also beneficial for the achievement of the EU climate goals.

3.2.Limitation of hiring possibility to 25% of vehicles “at the disposal of” the undertaking

As regards the minimum threshold related to an undertaking’s vehicle fleet below which the Member State of establishment of the undertaking cannot restrict the use of vehicles hired and registered in another Member State, the Council text sets it at:

“25% of the goods vehicle fleet which is at the disposal of the undertaking pursuant to point (g) of Article 5(1) of Regulation (EC) No 1071/2009 either on 31 December of the year preceding the use of the hired vehicle or on the day when the undertaking begins to use the hired vehicle, as determined by the Member State.”