Amended proposal for a Directive of the European Parliament and of the Council on a transparent system of harmonised rules for restrictions on heavy goods vehicles involved in international transport on designated roads (presented by the Commission pursuant to Article 250(2) the EC Treaty)
Date: 2000-11-29
Institutions: European Commission
Subjects: approximation of laws, commercial vehicle, international road transport, traffic control, traffic regulations

24.4.2001

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Official Journal of the European Communities

C 120 E/3

Amended proposal for a Directive of the European Parliament and of the Council on a transparent
system of harmonised rules for restrictions on heavy goods vehicles involved in international
transport on designated roads (1)

(2001/C 120 E/02)

(Text with EEA relevance)

COM(2000) 759 final (cid:151) 1998/0096(COD)

(Submitted by the Commission pursuant to Article 250(2) the EC Treaty on 23 November 2000)

(1) OJ C 198, 24.6.1998, p. 17.

The Commission proposal in document COM(1998)115 final (cid:151) 1998/0096(SYN) is amended as follows:

INITIAL PROPOSAL

AMENDED PROPOSAL

THE COUNCIL OF THE EUROPEAN UNION,

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular points (a), (c) and (d) of Article
75 thereof,

Having regard to the Treaty establishing the European
Community Article 71.1 thereof,

Having regard to the proposal from the Commission,

Unchanged

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
189c of
the Treaty in cooperation with the European
Parliament,

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

Whereas:

Unchanged

(1) There are currently no harmonised rules across

the
for heavy goods

Community on driving restrictions
vehicles on Sundays and public holidays.

(2) This lack of harmonised rules results in differences as
regards the duration of driving restrictions and definitions
of vehicles exempt from those restrictions.

(3) This situation has significant negative consequences for
in the

freedom to provide

transport

services

the
Community.

(4) The existence of driving bans that differ from Member
State to Member State makes it
impossible to make
round trips over long distances without excessive inter-
ruptions. Peripheral regions of
the Community are in
particular, highly and disproportionately affected by such
driving restrictions because of their geographical situation.

C 120 E/4

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Official Journal of the European Communities

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INITIAL PROPOSAL

AMENDED PROPOSAL

the Treaty,

in Article 3b of

(5) In accordance with the subsidiarity and proportionality
principles as set out
the
objectives of the proposed action, namely to establish a
for driving
system of harmonised rules
transparent
restrictions,
the negative conse-
thereby ensuring that
quences for the freedom to provide transport services
are reduced as far as possible, cannot be sufficiently
achieved by the Member States and can, therefore, by
reason of the scale of the action be better achieved by
the Community. This Directive confines itself
to the
minimum required in order to achieve those objectives
that
and does not go beyond what
purpose.

is necessary for

the Treaty,

in Article 5 of

(5) In accordance with the subsidiarity and proportionality
principles as set out
the
objectives of the proposed action, namely to establish a
system of harmonised rules
transparent
for driving
restrictions,
the negative conse-
thereby ensuring that
quences for the freedom to provide transport services
are reduced as far as possible, cannot be sufficiently
achieved by the Member States and can, therefore, by
reason of the scale of the action be better achieved by
the Community. This Directive confines itself
to the
minimum required in order to achieve those objectives
that
and does not go beyond what
purpose.

is necessary for

(6) It

for

that,

is desirable

development

in particular

the European Parliament and of

international
transport, the negative impact of driving restrictions be
minimised; whereas it would be desirable that certain
roads indicated in Annex I, Section 2 of Decision No
the
1692/96/EC of
Council of 23 July 1996 on Community guidelines for
the
transport
Network (1), be kept open for international transport.
Therefore such roads should only be subject
to new
driving bans during certain hours on Sundays and
public holidays. The Commission should be notified of
such driving restrictions. Existing driving bans that are
longer than the limits proposed shall be permitted to
continue.

the Trans-European

of

(6) It

for

that,

is desirable

development

in particular

the European Parliament and of

international
transport, the negative impact of driving restrictions be
minimised; whereas it would be desirable that certain
roads indicated in Annex I, Section 2 of Decision No
the
1692/96/EC of
Council of 23 July 1996 on Community guidelines for
the
transport
Network (1), be kept open for international transport.
Therefore such roads should only be subject
to new
driving bans during certain hours on weekends, public
holidays and the eve of public holidays. The Commission
should be notified of such driving restrictions. Existing
driving bans that are longer than the limits proposed
shall be permitted to continue.

the Trans-European

of

(7) This maximum permitted duration should be extendible in
exceptional cases when such extension can be justified on
environmental, road-safety or social grounds. A request
for such an extension should be examined without delay
by the Commission with the assistance of a committee.

Unchanged

(8) Member States should be able to restrict the circulation
during the night of heavy goods vehicles whose noise
should
exceeds Community standards. Member States
also be able to restrict heavy goods vehicles when excep-
tionally high traffic density is expected,
for example
during holiday periods. The Commission should be
notified of such driving restrictions.

(8) Member States should be able to restrict the circulation
during the night of heavy goods vehicles whose noise
should
exceeds Community standards. Member States
also be able to restrict heavy goods vehicles when excep-
tionally high traffic density is expected,
for example
during summer holiday periods. The Commission should
be notified of such driving restrictions.

(9) Under

special

environmental or weather

conditions
Member States should be able to restrict the circulation
of heavy goods vehicles on grounds of environmental
protection or road safety. For practical reasons, it should
be possible to adopt such restrictions without notifying
the Commission.

Unchanged

___________
(1) OJ L 228, 9.9.1996, p. 1, with Corrigendum published in OJ L 15,

___________
(1) OJ L 228, 9.9.1996, p. 1, with Corrigendum published in OJ L 15,

17.1.1997, p. 1.

17.1.1997, p. 1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(10) The types of heavy goods vehicles or transport operations
which are exempted from bans in all Member States
should be harmonised.

(11) The introduction of driving restrictions at national,
regional and local level is currently done in an uncoor-
dinated manner and, therefore, a system of notification on
these restrictions should be
the timing and extent of
the
established. On the basis of
these notifications
Commission should produce an annual report
to the
Member States.

(12) to amend the Annex and to consider certain restrictions
to be introduced by Member States,
the Commission
should be assisted by a committee of an advisory nature

(12) In order to adapt I; Since the measures necessary for the
implementation of this Directive are measures of general
scope within the meaning of Article 2 of Council Decision
1999/468/EC of 28 June laying down the procedures for
the exercise of implementing powers conferred on the
Commission (1), they should be adopted by use of the
regulatory procedure provided for in Article 5 of that
Decision.

(13) Each Member State should determine the penalties to be
imposed in the event of an infringement of the provisions
adopted for the implementation of this Directive,

Unchanged

(14) For the purposes of transparency, it is desirable to list in
an Annex the national public holidays upon which driving
bans currently apply. The Commission will amend this
Annex at the request of Member States,

HAS ADOPTED THIS DIRECTIVE:

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Unchanged

This Directive establishes a transparent system of harmonised
rules concerning driving restrictions applied for certain periods
to heavy goods vehicles undertaking international transport on
certain roads of the European Community.

Article 2

For the purposes of this Directive:

(cid:151) (cid:145)heavy goods vehicle(cid:146): shall mean all motor vehicles with a
gross weight of 7,5 t and above, used for the transport of
goods;

(cid:151) (cid:145)driving restrictions(cid:146): shall mean a ban on the circulation of

heavy goods vehicles for certain periods;

___________
(1) OJ L 184, 17.7.1999, p. 23.

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Official Journal of the European Communities

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INITIAL PROPOSAL

AMENDED PROPOSAL

(cid:151) (cid:145)trunk roads(cid:146): shall mean the network of roads as indicated

in Annex I, Section 2 of Decision No 1692/96/EC;

(cid:151) (cid:145)TENs network(cid:146):

roads as
indicated in Annex I, Section 2 of Decision No 1692/96/EC;

shall mean the network of

(cid:151) (cid:145)other roads(cid:146): shall mean all roads other than trunk roads;

Deleted

(cid:151) (cid:145)international

transport(cid:146): shall mean transport operations
in two

with a place of departure and place of arrival
different Member States;

Unchanged

(cid:151) (cid:145)public holiday(cid:146): shall mean any day defined as a public

(cid:151) (cid:145)public holiday(cid:146): shall mean those public holidays on which

holiday by a Member State

a Member State applies a national driving ban;

(cid:151) (cid:145)cars(cid:146): shall mean motor vehicles in category M1 as defined

Unchanged

in Annex II to Council Directive 70/156/EEC (1);

(cid:151) (cid:145)load(cid:146): shall mean at

least 1 tonne of cargo,

including

packaging.

Article 3

The scope of

1.
network.

this Directive is limited to the TENs

1. Member States shall not impose driving restrictions on
heavy goods vehicles involved in international transport which
are stricter than those applied to heavy goods vehicles involved
in national transport.

2. Member States shall not impose driving restrictions on
heavy goods vehicles involved in international transport which
are stricter than those applied to heavy goods vehicles involved
in national transport.

2. Member States may impose driving restrictions for all
heavy goods vehicles on Sundays
and public holidays
between the hours of 7h00 (cid:151) 22h00 from 1 October to 31
March and between 7h00 (cid:151) 24h00 from 1 April
to 30
September.

3. Member States may impose driving restrictions for all
heavy goods vehicles:

(cid:151) from 16 September to 14 June between the hours of 22h00
on Saturday and 22h00 on Sunday, and between the hours
of 22h00 on the eve of a public holiday and 22h00 on the
day of a public holiday;

(cid:151) from 15 June to 15 September between the hours of 07h00
on Saturday and 22h00 on Sunday, and between the hours
of 22h00 on the eve of a public holiday and 22h00 on the
day of a public holiday.

3. Member States may impose driving restrictions during
the night,
from 22h00 to 5h00, which apply to all heavy
goods vehicles which do not comply with noise emission
standards provided by Directive 96/20/EC (2).

4. Member States may impose driving restrictions during
the night,
from 22h00 to 5h00, which apply to all heavy
goods vehicles which do not comply with noise emission
standards provided by Directive 96/20/EC (2).

4a. Member States with driving restrictions in operation as
of 1 November 2000 that exceed the limits laid down in
paragraph 3 above may continue to apply them. Should the
Member State concerned modify these driving restrictions, it
can only do so in the sense of alignment with the restrictions
mentioned in paragraph 3.
___________
(1) OJ L 42, 23.2.1970, p. 1.
(2) OJ L 92, 13.4.1996, p. 23.

Unchanged

___________
(2) OJ L 92, 13.4.1996, p. 23.

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INITIAL PROPOSAL

AMENDED PROPOSAL

4.
On trunk roads Member States may only impose driving
restrictions additional to those laid down in paragraphs 2 and
3 on condition that heavy goods vehicles involved in inter-
national transport are exempted from those additional driving
restrictions.

5. Member States may only impose driving restrictions
additional
to those laid down in paragraphs 3 and 4 on
condition that heavy goods vehicles involved in international
transport
driving
restrictions.

from those

additional

exempted

are

5.
On other
restrictions additional
and 3.

roads Member States may impose driving
to those laid down in paragraphs 2

Deleted

6.
Notwithstanding paragraph 4 on trunk roads Member
States may in exceptional cases impose driving restrictions
extending the time limits laid down in paragraphs 2 and 3
including those undertaking inter-
on heavy goods vehicles,
national transport, provided that they submit evidence that
such additional restrictions can be justified on environmental,
road safety or social grounds and after having received the
prior consent of
the Commission in accordance with the
procedure laid down in Article 8.

6.
Notwithstanding paragraph 5 Member States may in
exceptional cases impose driving restrictions extending the
time limits laid down in paragraphs 3 and 4 on heavy goods
including those undertaking international transport,
vehicles,
provided that
such
they submit evidence indicating that
additional restrictions can be justified on environmental, road
social grounds and after having received prior
safety or
agreement
from the Commission in accordance with the
Committee procedure laid down in Article 8.

The evidence shall
include an analysis which justifies the
restrictions as a proportional measure by comparison with
alternative traffic management measures.

Unchanged

The evidence shall quantify the effects of
restrictions on the basis of one or more of
criteria:

the additional
the following

the

(a) relevant statistics and/or estimates, both including and
excluding
vehicles,
circulation of heavy
concerning traffic density on weekends during different
periods of
(summer, winter, during holiday
periods) and possible effects on congestion;

the year

goods

the

(b) relevant statistics and/or estimates, both including and
vehicles,
circulation of heavy
excluding
concerning rates of accidents both during periods where
the additional restrictions would apply and at times when
no restrictions are in force;

goods

(c) relevant data and/or estimates concerning the exhaust
emissions saved, by additional restrictions,
including the
negative effect that bans may have on the emissions of
diversionary traffic and on traffic concentrated on periods
of the week where no restrictions apply;

(c) relevant data and/or estimates concerning the gaseous
emissions saved, or noise pollution reduced by additional
restrictions,
that bans may
have on the emissions of diversionary traffic and on
traffic concentrated on periods of
the week where no
restrictions apply;

including the negative effect

(d) Social analysis on the impact of additional restrictions on
the average working conditions of drivers of heavy goods
vehicles registered both in Member States where these
restrictions apply and in the other Member States, taking
into account existing Community legislation in this field.

Unchanged

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Official Journal of the European Communities

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INITIAL PROPOSAL

AMENDED PROPOSAL

Notwithstanding paragraph 4, Member States may, as
7.
regards trunk roads,
impose special driving restrictions on
heavy goods vehicles, including those undertaking international
transport, on those days and roads where:

7.
Notwithstanding paragraph 5, Member States may impose
special driving restrictions on heavy goods vehicles, including
those undertaking international transport, on those days and
roads where:

(a) exceptionally high traffic density is expected, for example

Unchanged

during holiday periods;

(b) circulation bans for a limited period of time applying to

(b) circulation bans for limited periods of time are applying to

cars, notably for environmental reasons;

cars, notably for environmental reasons;

(c) restrictions for maintenance of infrastructure are deemed

Unchanged

necessary;

(d) restrictions under special weather conditions are required.

Article 4

Heavy goods vehicles and/or particular transport operations as
defined in the Annex shall be exempted from the driving
restrictions which are laid down in accordance with Articles
3(2) 3(5), 3(6) and point (a) of Article 3(7).

Heavy goods vehicles and/or particular transport operations as
shall be exempted from the driving
defined in Annex I
restrictions which are laid down in accordance with Articles
3(3), 3(5), 3(6) and point (a) of 3(7).

Article 5

Unchanged

1. Member States wishing to impose extended driving
restrictions in accordance with Article 3(6) shall present a
request to the Commission.

The Commission shall decide on such request in accordance
with the procedure set out in Article 8 within two months of
receipt of its receipt.

2. Member States wishing to impose driving restrictions in
accordance with Article 3(2) 3(3) or point (a) of Article 3(7)
shall notify the Commission, giving details of the extent of
those restrictions,
including the public holidays on which
such driving restrictions shall apply.

2. Member States wishing to impose driving restrictions in
accordance with Article 3(3), 3(4), or point (a) of 3(7) shall
notify the Commission at least 60 days in advance, giving
details of the extent of those restrictions.

3. Member States wishing to amend any of the dates listed
in Annex II as their national public holidays on which driving
bans apply shall notify the Commission at least 60 days in
advance. The Commission shall amend Annex II accordingly.

Article 6

Article 6

On the basis of the information provided in Article 5, the
Commission will prepare annually by 30 November a report
on driving restrictions permitted under Articles 3(2) 3(3) 3(6)
and point
for heavy goods vehicles
performing international operations on the trans-European
road network for the forthcoming year.

(a) of Article 3(7)

On the basis of the information provided in Article 5, the
Commission will prepare annually by 30 November a report
on driving restrictions permitted under Articles 3(3), 3(4), 3(6)
and point (a) of 3(7)
for heavy goods vehicles performing
international operations on the TENs network for the forth-
coming year.

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INITIAL PROPOSAL

Article 7

AMENDED PROPOSAL

Article 7

The Commission shall adopt any amendments necessary to
adapt the Annex in accordance with the procedure laid down
in Article 8.

The Commission shall adopt any amendments necessary to
adapt Annex I in accordance with the procedure laid down
in Article 8.

Article 8

Article 8

The Commission shall be assisted by a Committee of an
the
advisory nature composed of
the representatives of
Member States and chaired by the representative of
the
Commission.

The Commission shall be assisted by a committee,
the Member States and

1.
composed of
representatives of
chaired by the representative of the Commission.

the Commission shall submit

to the
The representative of
Commission a draft of
to be taken. The
Committee shall deliver its opinion on the draft, within a
time limit which the chairman may lay down according to
the urgency of the matter, if necessary by taking a vote.

the measures

2. Where reference is made to this paragraph, the regulatory
procedure laid down in Article 5 of Decision 1999/468/EC
shall apply,
in compliance with Article 7(3) and Article 8
thereof.

The period provided for in Article 5(6) of Decision

3.
1999/468/EC shall be [3] months.

The opinion shall be recorded in the minutes; in addition each
Member State shall have the right to ask to have its position
noted in the minutes.

Article 9

Article 9

Member States shall determine the penalties applicable to
take all necessary
this Directive and shall
infringements of
measures to ensure that they are enforced. The penalties they
provide for shall be effective, proportionate and dissuasive.
Member
those
than the date specified in the first
measures no later
subparagraph of Article 10(1)
it of
amendments to them without delay.

the Commission of

and shall notify

shall notify

States

Member States shall determine the penalties applicable to
take all necessary
this Directive and shall
infringements of
measures to ensure that they are enforced. The penalties they
provide for shall be effective, proportionate and dissuasive.
Member
those
than the date specified in the first
measures no later
subparagraph of Article 10 and shall notify it of amendments
to them without delay.

the Commission of

shall notify

States

Article 10

Article 10

the laws,

1. Member States shall adopt and publish, by 31 December
regulations and administrative provisions
1998,
necessary in order to comply with this. They shall forthwith
inform the Commission thereof.

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive by [31 December 2000] at the latest. They shall
forthwith inform the Commission thereof.

these provisions,

When Member States adopt
these shall
contain a reference to this Directive or shall be accompanied
by such reference at the time of their official publication. The
procedure for such reference shall be adopted by Member
States.

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.

Member States shall apply the provisions from 1 July 1999.

Member States shall apply these provisions from [1 July 2001].

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INITIAL PROPOSAL

AMENDED PROPOSAL

2. Member States shall communicate to the Commission the
texts of the provisions of national law which they adopt in the
field governed by this Directive.

Member States shall communicate to the Commission the texts
of the provisions of national law which they adopt in the field
governed by this Directive.

Article 11

Unchanged

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

Article 12

This Directive is addressed to the Member States.

TRANSPORT OPERATIONS/TYPES OF VEHICLES EXEMPT FROM DRIVING RESTRICTIONS

ANNEX I

Vehicles performing combined transport operations as defined in Council Directive 92/106/EEC;

Certified ATP vehicles (1) transporting a load of ATP-defined perishable foodstuffs;

Certified ATP tankers for the transportation of liquid milk at controlled temperatures;

Vehicles transporting a load of perishable fruits or vegetables;

Vehicles transporting exceptional loads as defined by Article 4(3) of Council Directive 96/53/EC (2).

(1) As defined in the UN-ECE Agreement on the international carriage of perishable foodstuffs and the special equipment to be used for

such carriage (ATP).

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

AMENDED PROPOSAL

ANNEX II

NATIONAL PUBLIC HOLIDAYS ON WHICH MEMBER STATES APPLY DRIVING BANS

National public holidays in Austria

New Year’s Day

Epiphany

Easter Monday

Labour Day

Ascension Day

Whit Monday

Corpus Christi

Assumption

Austrian National Day (26 October)

All Saints Day

Immaculate Conception

Christmas Day

St. Stephen’s Day

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National public holidays in France
New Year’s Day
Easter Monday
Armistice Day (8 May)
Ascension Day
Whit Monday
Bastille Day (14 July)
Assumption
All Saints Day
Armistice Day (11 November)
Christmas Day

National public holidays in Germany
New Year’s Day
Good Friday
Easter Monday
Labour Day
Ascension Day
Whit Monday
Day of German Unification (3 October)
Christmas Day
St. Stephen’s Day

National public holidays in Italy
New Year’s Day
Epiphany
Good Friday
Easter Monday
Liberation Day (25 April)
Labour Day
All Saints Day
Immaculate Conception
Christmas Day

National public holidays in Luxembourg
New Year’s Day
Easter Monday
Labour Day
Ascension Day
Whit Monday
Luxembourg National Day (23 June)
Assumption
All Saints Day
Christmas Day
St. Stephen’s Day

National public holidays in Spain
New Year’s Day
Epiphany
Maundy Thursday
Good Friday
Labour Day
All Saints Day
Spanish Constitution Day (6 December)
Immaculate Conception
Christmas Day