International carriage of goods by road (recast) ***I European Parliament legislative resolution of 21 May 2008 on the proposal for a regulation of the European Parliament and of the Council on common rules for access to the international road haulage market (recast) (COM(2007)0265 — C6-0146/2007 — 2007/0099(COD))#P6_TC1-COD(2007)0099 Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council on common rules for access to the international road haulage market (recast)
Date: 2008-05-21
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: carriage of goods, codecision procedure, drafting of EU law, exchange of information, international transport, resolution of parliament, road cabotage, road transport, simplification of legislation, transport licence




CE2009279EN.01019402.xml










19.11.2009   


EN


Official Journal of the European Union


CE 279/194





International carriage of goods by road (recast) ***I

P6_TA(2008)0218

European Parliament legislative resolution of 21 May 2008 on the proposal for a regulation of the European Parliament and of the Council on common rules for access to the international road haulage market (recast) (COM(2007)0265 — C6-0146/2007 — 2007/0099(COD))
(2009/C 279 E/38)
(Codecision procedure: first reading)

The European Parliament,






—


having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0265),










—


having regard to Articles 251(2) and 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0146/2007),










—


having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),










—


having regard to the letter of 20 November 2007 from the Committee on Legal Affairs pursuant to Rule 80a(3) of its Rules of Procedure,










—


having regard to Rules 80a and 51 of its Rules of Procedure,










—


having regard to the report of the Committee on Transport and Tourism (A6-0038/2008),










1.


Approves the Commission proposal as amended hereunder and as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council and the Commission.






(1)  OJ C 77, 28.3.2002, p. 1.


P6_TC1-COD(2007)0099
Position of the European Parliament adopted at first reading on 21 May 2008 with a view to the adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council on common rules for access to the international road haulage market (recast)
(Text with EEA relevance)
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),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
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 (4), 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 (5), 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 (6). 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 involves, 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)


These uniform arrangements for market access also involve introducing the freedom to provide services by eliminating all restrictions imposed on the provider of services because of his or her nationality or the fact that he or she is established in a Member State other than that in which the service is to be provided.










(4)


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.












(5)






The incoming or outgoing carriage of goods by road as one leg of a combined transport journey under the conditions laid down in Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (7), and therefore combined rail/road transport and/or water/road transport in both directions, does not fall under the definition of cabotage.













(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 must be maintained for some of those types of transport, because of their special nature.











(7)



Under Directive 2006/94/EC, the carriage of goods using vehicles with a maximum mass of between 3,5 tonnes and 6 tonnes was exempt from the requirement of a Community licence. Community rules in the field of road transport of goods and passengers, however, apply in general to vehicles with a maximum mass of 3,5 tonnes or more. Thus the provisions of this Regulation should be aligned to the general scope of application of Community road transport rules and only provide for an exemption for vehicles with a maximum mass of below 3,5 tonnes.











(8)



The international carriage of goods by road must be made conditional on the possession of a quota-free 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 bodies, 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 laid down.











(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. 
This driver attestation should be comprehensible to any person who carries out such checks.













(11)



Hauliers who are holders of Community licences provided for in this Regulation and hauliers authorised to operate certain categories of international haulage services should be permitted to carry out national transport services within a Member State, without having a registered office or other establishment therein.











(12)



In the past, such national transport services were authorised on a temporary basis. In practice, it has been difficult to ascertain which services are authorised. Clear and easily enforceable rules are thus needed. 
In the longer term, however, the restrictions on cabotage are no longer justifiable. They must be completely abolished, as these restrictions do not accord with the principles of an internal market without borders where the free movement of goods and services is guaranteed. The Member States should take all the necessary measures to ensure that the rules are enforced uniformly throughout the EU.













(13)



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 (8) apply in cases where, for the provision of cabotage operations, hauliers post workers, who have an employment relationship with those hauliers, from the Member State where they ordinarily work.












(14)






Restrictions on the number and duration of cabotage operations are a necessary but intermediate stage aimed at encouraging the Member States to maximise the harmonisation of fiscal and working conditions. The restrictions imposed under this Regulation are therefore temporary and should be lifted with effect from 1 January 2014.














(15)






Some neighbouring Member States have intensive, long-standing economic links. Such Member States should therefore be allowed to grant wider access to cabotage to hauliers from the neighbouring Member States in question.













(16)



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












(17)






It should be possible to ensure that cross-trade — i.e. international transport operations carried out by a haulier between two Member States neither of which is the Member State where the haulier is established — does not lead to situations whereby, owing to its regularity, continuity and/or systematic nature, it distorts the market by applying to it less favourable employment and working conditions than those which apply in the two Member States between which the cross-trade is taking place.













(18)


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 in proportion to the seriousness of the infringements. It should be possible to lodge an appeal 

 .










(19)


Member States should enter in their national register of road transport undertakings all serious infringements 

 committed by hauliers and which have led to the imposition of a penalty.










(20)



In order to strengthen and facilitate 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 …/2008 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).











(21)



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).











(22)



In particular the Commission should be empowered to adapt Annexes I and II to technical progress 
and to draw up a single harmonised model for a waybill
. 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)



On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of those measures.











(24)



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











(25)



Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and the effects of the action, 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 those objectives,




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 any journey carried out within 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 between the Community and the third countries concerned, 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;










(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, either under bilateral authorisations or under liberalisation arrangements, allow loading and unloading in a Member State by hauliers not established in that Member State.




However, Member States shall adapt the agreements referred to in point (a) of the first subparagraph to ensure compliance with the principle of non-discrimination between Community hauliers.
4.   This Regulation shall apply to 
cabotage operations.


5.   This Regulation shall not apply to the following types of carriage and unladen journeys made in conjunction with such carriage
, since they are exempt from the Community licensing scheme
:






(a)


carriage of mail as a 
universal
 service;










(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;










(d)


carriage of goods in motor vehicles provided the following conditions are fulfilled:






(i)


the goods carried must be the property of the undertaking or must have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking;










(ii)


the purpose of the journey must be to carry the goods to or from the undertaking or to move them, either inside the undertaking or outside for its own requirements;










(iii)


motor vehicles used for such carriage must be driven by employees of the undertaking;










(iv)


the vehicles carrying the goods must be owned by the undertaking or have been bought by it on deferred terms or 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).










(v)


such carriage must be 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.




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 in paragraph 5 shall not affect the conditions under which any Member State authorises its own nationals to engage in the activities mentioned 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 and which are 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;










(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;










(d)


an unladen journey in conjunction with the carriage referred to in (a), (b) and (c);














3)


‘host Member State’ means a Member State in which a haulier operates other than the Member State where the haulier is established;










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;










6)


‘cabotage operations’ means national carriage for hire or reward carried out on a temporary basis in a host Member State
, i.e. in accordance with the provisions of Chapter III
;










7)

‘serious infringement 

 of Community road transport legislation’ means infringements which lead to the loss of good repute in accordance with Article 6(1) and (2) of Regulation (EC) No …/2008 [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator];












8)






‘cross-trade’ means international transport operations carried out by a haulier between two host Member States neither of which is the Member State where the haulier is established
.





Chapter II


International carriage

Article 3
Principle
International carriage shall be carried out subject to 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 a Member State in accordance with Community legislation and the national legislation of that Member State;










(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 a renewable period of five years. Community licences and certified copies issued before the date of application of this Regulation shall remain valid until the date of their expiry.
3.   The Member State of establishment shall issue the holder with the original of the Community licence, which shall be kept by the haulage undertaking, and the number of certified true copies corresponding to the number of vehicles at the disposal of the holder of the Community licence, whether wholly owned or, whether for example they are under hire purchase, hire or leasing contracts.
4.   The Community licence and the certified true copies shall correspond to the model set out in Annex I, which also lays down the conditions governing its use.
The Commission shall adapt Annex I to technical progress. Since these measures are designed to amend non-essential elements of this Regulation, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(2).
5.   The Community licence and the certified true copies shall bear an engraved stamp or seal of the issuing authority as well as an original signature and a serial number. The serial numbers of the Community licence and the certified true copies shall be recorded in the national electronic register of road transport undertakings provided for in Article 15 of Regulation (EC) No …/2008 [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator] as part of the data set of the haulier.
6.   The Community licence shall be made out in the hauliers vehicles and must be produced whenever required by an 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 if the trailer or semi-trailer is not registered or authorised to use the roads in the name of the licence holder or if 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 Article, to any haulier who:






(a)


is the holder of a Community licence;










(b)


in that Member State lawfully employs drivers who are nationals of third countries or lawfully uses drivers who are nationals of third countries put at his disposal in accordance with the conditions of employment and of vocational training laid down in that same 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.








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 a national of a third country whom he lawfully employs or who is lawfully put at his disposal. 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 conform to the model set out in Annex II.
4.   The Commission shall adapt Annex II to technical progress. Since these measures are designed to amend non-essential elements of this Regulation, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(2).

5.   The driver attestation shall bear an engraved stamp or seal of the issuing authority as well as an original signature and a serial number. The serial number of the driver attestation shall be recorded in the national electronic register of road transport undertakings provided for in Article 15 of Regulation (EC) No …/2008 [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator] as part of the data set of 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 Member State of establishment of the haulier shall be kept at the haulier's premises. The driver attestation shall be produced whenever required by an 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 the date of their 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 is lodged, not more than five years after issue and subsequently at least every five years, the competent authorities of the Member State of establishment shall verify whether the haulier satisfies or still satisfies 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 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 of a driver attestation, by means of a decision which states the reasons therefor.
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










(b)


has supplied incorrect information in relation to an application for a Community licence or for a driver attestation.






Article 8




Cross-trade and posting of workers




Where cross-trade between two Member States is carried out by a haulier on a regular, continuous and/or systematic basis, one of the host Member States may call for the application of the working and employment conditions referred to in Article 10
.

Chapter III


Cabotage


Article 9

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.   Hauliers referred to in paragraph 1 shall be permitted to carry out, with the same vehicle, up to three cabotage operations consecutive to an international carriage from another Member State or from a third country to the host Member State once the goods carried in the course of the incoming international carriage have been delivered. 
Authorisation to carry out these cabotage operations shall not be conditional on the vehicle being completely unloaded.
 The last unloading of a load in the course of 
cabotage operations
 before leaving the host Member State must take place within seven days from the last unloading in the host Member State in the course of the incoming international carriage.


3.
   
Cabotage operations may also be carried out in a Member State through which the vehicle has to travel after unloading in the Member State of delivery during an international carriage, provided that the shortest homeward journey transits through that Member State and is carried out within seven days of the unloading in the country of delivery.




4.
   
The restrictions on the number and duration of cabotage operations shall gradually be lifted. Two years after this Regulation enters into force, the number of cabotage operations referred to in paragraph 2 shall be increased to seven. On 1 January 2014, all restrictions on the number and duration of cabotage operations shall be lifted
.

5.   National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed in conformity 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 there.
Such evidence shall comprise  the following details for each operation:






(a)


the name, address and signature of the sender;










(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;










(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;










(f)


the gross weight of the goods or their quantity otherwise expressed;










(g)


the number plates of the motor vehicle and trailer.




The consignment letter or any other transport document may be used for this purpose.


6.
   
The Member States shall not require an additional specific document or duplicate documents proving that the terms and conditions laid down in paragraph 5 have been met. By 1 January 2010, the Commission shall draw up in accordance with the regulatory procedure with scrutiny referred to in Article 16(2) a single harmonised model for a waybill valid throughout the European Union for international haulage, national haulage and cabotage haulage. The Member States and the Commission shall ensure that the provisions laid down in other conventions concluded with third countries are brought into line with the provisions laid down in this Regulation.



7.   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), points (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.

8.   Permission to carry out cabotage operations, within the framework of the types of carriage referred to in Article 1(5)(e), shall be unrestricted.

9.   Any undertaking entitled in the Member State of establishment, in accordance with that Member State's legislation, to carry out road haulage operations for own account as defined in Article 1(5)(d) shall be permitted to carry out cabotage operations on own account.


10.
   
The provisions of this Regulation shall not prevent a Member State from authorising goods hauliers from one or more other Member States to carry out on its territory an unlimited number of cabotage operations, or a number in excess of that referred to in paragraph 2, with no time-limit or with a longer time-limit than that referred to in paragraph 2 for the last unloading. Authorisations granted before the entry into force of this Regulation shall continue to apply. Member States shall inform the Commission of existing authorisations and of authorisations they grant after the entry into force of this Regulation.




11.
   
The incoming or outgoing carriage of goods by road as one leg of a combined transport journey under the conditions laid down in Directive 92/106/EEC does not fall under the definition of cabotage.



Article 10

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 in the following areas:






(a)


conditions governing the transport contract;










(b)


weights and dimensions of road vehicles;










(c)


requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs, live animals;










(d)




 driving time and rest time periods;









(e)


value added tax (VAT) on transport services;












(f)






posting of workers as set out under Directive 96/71/EC
.




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 authorized dimensions in national and international traffic and the maximum authorized weights in international traffic
 (12).
2.   The laws, regulations and administrative provisions referred to in paragraph 1 shall be applied to non-resident hauliers under the same conditions as are imposed on that Member State's own nationals, so as to prevent any discrimination on grounds of nationality or place of establishment.

Chapter IV


Mutual assistance, safeguard measures and penalties



Article 11

Mutual assistance
The 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 17 of Regulation (EC) No …/2008 [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator].


Article 12




Safeguard measures




1.
   
After the lifting of the restrictions referred to in Article 9, paragraph 3, 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 inform 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,












—




‘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 latest quarterly data referred to in Article 5 of Council Regulation (EEC) No 3916/90 of 21 December 1990 on measures to be taken in the event of a crisis in the market in the carriage of goods by road

 (13)

and, after consulting the Advisory Committee set up by Article 5 of that Regulation, shall decide within one month of receipt of the relevant 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. The measures introduced 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 take 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. These measures shall be applied at the latest as from the same date as the safeguard measures decided on by the Commission.




5.
   
Any Member State may submit a Commission decision as referred to in paragraph 3 to the Council within 30 days of its notification. The Council, acting by a qualified majority within 30 days of referral by a Member State or, if there are referrals by several Member States, of the first referral, may take a different decision.




The time-limits laid down in 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.



Article 13

Sanctioning of infringements by 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 infringements shall issue a warning and may, inter alia, impose the following administrative penalties:






(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;












(c)






fines.






These penalties shall be determined
, once a final decision has been issued and after all the legal possibilities for review open to the haulier have been exhausted,
 having regard to the seriousness of the infringement  committed by the holder of the Community licence and having regard 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 infringements shall impose appropriate penalties, such as:






(a)


suspension of the issue of driver attestations;










(b)


withdrawal of driver attestations;










(c)


making the issue of driver attestations subject to additional conditions in order to prevent misuse;










(d)


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










(e)


temporary or permanent withdrawal of the Community licence;












(f)






fines.






These penalties shall be determined having regard to the seriousness of the infringement committed by the holder of the Community licence.
3.   
Where a serious infringement is ascertained in
 the case referred to in Article 14(1), the competent authorities of the Member State of establishment shall decide 
what

penalty

to impose
 on the haulier concerned
, ranging from a warning to the temporary or permanent withdrawal of the Community licence
. They 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 three months of receiving knowledge of the infringement, which of the penalties provided for in paragraphs 1 and 2 of this Article have been imposed.
If it has not been possible to impose such penalties, they shall state the reasons.


4.
   
The decision on the temporary withdrawal of any document (Community licence, driver attestation, certified copy) shall stipulate:










(a)






the period of temporary withdrawal;














(b)






the conditions for ending the temporary withdrawal;














(c)






the cases in which the Community licence is to be permanently withdrawn because the conditions laid down pursuant to point (b) have not been satisfied during the period laid down pursuant to point (a).







5.   The competent authorities shall take into account any penalty imposed in the Member State in which the infringements were ascertained and 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.

6.   The competent authorities of the Member State of establishment of the haulier may also, pursuant to its national law, bring proceedings against the haulier concerned before a competent national court or tribunal. They shall inform the competent authority of the host Member State of the decisions taken to this effect.

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

Article 14

Sanctioning of infringements by 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 Member State of establishment as soon as possible, but at the latest within one month 
from the date on which the final decision is issued after all the legal possibilities for review open to the haulier on whom penalties are imposed have been exhausted
, the following information:






(a)


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










(b)


the category, type and seriousness of the infringement;










(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 13.
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 within 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 15

Entry in the national register
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 the penalties imposed are recorded
, once the final decision has been issued after all the legal possibilities for review open to the haulier have been exhausted,
 in the national register of road transport undertakings as established under Article 15 of Regulation (EC) No …/2008 [establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator]. Those 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.

Chapter V


Implementation


Article 16

Committee
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
 (14).
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.
The time-limits laid down in Article 5a(3)(c), (4)(b) and  (e) of Decision 1999/468/EC shall be one month.

Article 17


Penalties

The 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. The Member States shall notify those provisions to the Commission by … (15) at the latest and shall notify it without delay of any subsequent amendment affecting them.
The Member States shall ensure that all such measures are applied without discrimination as to the nationality or place of establishment of the haulier.

Article 18

Reporting
1.   By 31 January each year 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 attestation in circulation on 31 December of that year.

Chapter VI


Final provisions


Article 19

Repeals
Regulations (EEC) No 881/92 and (EEC) No 3118/93 and Directive 2006/94/EC are 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 in Annex III.

Article 20

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 
1 January 2009.



This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at …, on …

For the European Parliament

The President



For the Council

The President





(1)  Opinion of 12 March 2008 (not yet published in OJ).


(2)  OJ C …

(3)  Position of the European Parliament of 21 May 2008.


(4)  OJ L 95, 9.4.1992, p. 1. .

(5)  OJ L 279, 12.11.1993, p. 1. .

(6)  OJ L 374, 27.12.2006, p. 5.

(7)  

OJ L 368, 17.12.1992, p. 38.



(8)  OJ L 18, 21.1.1997, p. 1.

(9)  OJ L …

(10)  OJ L 184, 17.7.1999, p. 23. .

(11)  OJ L 33, 4.2.2006, p. 82.

(12)  OJ L 235, 17.9.1996, p. 59.

(13)  

OJ L 375, 31.12.1990, p. 10.



(14)  OJ L 370, 31.12.1985, p. 8.

(15)  12 months from the date on which this Regulation enters into force.


ANNEX I

Text of image

EUROPEAN COMMUNITY
(a)
(Light blue, format DIN A4 synthetic paper, 150g/m2 or more)
(First page of the licence)
(Text in (one of) the official language(s) of the Member State issuing the licence)
State issuing the licence
Distinguishing sign (1)
Name of the competent authority or body
LICENCE No
CERTIFIED TRUE COPY No
for the international carriage of goods by road for hire or reward
This licence entitles (2)
to engage in the international carriage of goods by road for hire or reward by any route, for journeys or parts of journeys effected for hire or reward within the territory of the Community, as laid down in Regulation (EC) No …/2008 of the European Parliament and of the Council of … [on common rules for access to the international road haulage market] (3) and subject to the general conditions of this licence.
Particular remarks:
This licence shall be valid from to
Issued in , on …
(4)
(1) The distinguishing signs of the Member States are: (B) Belgium, (BG) Bulgaria, (CZ) Czech Republic, (DK) Denmark, (D) Germany, (EST) Estonia, (IRL) Ireland, (GR) Greece, (E) Spain, (F) France, (I) Italy, (CY) Cyprus, (LV) Latvia, (LT) Lithuania, (L) Luxembourg, (H) Hungary, (MT) Malta, (NL) Netherlands, (A) Austria, (PL) Poland, (P) Portugal, (RO) Romania, (SLO) Slovenia, (SK) Slovakia, (FIN) Finland, (S) Sweden, (UK) United Kingdom.
(2) Name or business name and full address of the haulier.
(3) OJ L …
(4) Signature and stamp of the issuing competent authority or body.


Text of image

(b)
(SECOND PAGE OF THE LICENCE)
(Text in (one of) the official language(s) of the Member State issuing the licence)
GENERAL PROVISIONS
This licence is issued under Regulation (EC) No …/2008 [on common rules for access to the international road haulage market].
It entitles the holder to engage in the international carriage of goods by road for hire or reward by any route for journeys or parts of journeys effected within the territory of the Community and, where appropriate, subject to the conditions laid down herein:
— where the point of departure and the point of arrival are situated in two different Member States, with or without transit through one or more Member States or third countries,
— from a Member State to a third country or vice versa, with or without transit through one or more Member States or third countries,
— between third countries with transit through the territory of one or more Member States,
and unladen journeys in connection with such carriage.
In the case of carriage from a Member State to a third country or vice versa, this licence is valid for that part of the journey effected on the territory of the Community. It shall be valid in the Member State of loading or unloading only after the conclusion of the necessary agreement between the Community and the third country in question in accordance with Regulation (EC) No …/2008 [on common rules for access to the international road haulage market].
The licence is personal to the holder and is not transferable.
It may be withdrawn by the competent authority of the Member State which issued it, notably where the holder has:
— not complied with all the conditions for using the licence,
— supplied incorrect information with regard to the data needed for the issue or extension of the licence;
The original of the licence must be kept by the haulage undertaking.
A certified copy of the licence must be kept in the vehicle (1). In the case of a coupled combination of vehicles it must accompany the motor vehicle. It covers the coupled combination of vehicles even if the trailer or semi-trailer is not registered or authorised to use the roads in the name of the licence holder or if it is registered or authorised to use the roads in another Member State.
The licence must be produced whenever required by an authorised inspecting officer.
Within the territory of each Member State the holder must comply with the laws, regulations and administrative provisions in force in that State, in particular with regard to transport and traffic.
(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.



ANNEX II

Text of image

EUROPEAN COMMUNITY
(a)
(Colour pink — format DIN A4; synthetic paper, 150g/m2 or more)
(First page of the attestation)
(Text in (one of) the official language(s) of the Member State issuing the attestation)
Distinguishing sign of the Member State (1)
issuing the attestation
Name of the competent authority or body
DRIVER ATTESTATION No …
for the carriage of goods by road for hire or reward under a Community licence
(Regulation (EC) No …/2008 of the European Parliament and of the Council of … [on common rules for access to the international road haulage market] (2))
This attestation certifies that on the basis of the documents presented by:
(3)
The following driver:
Name and forename
Date and place of birth Nationality
Type and reference number of identity paper
Date of issue Place of issue
Driving licence number
Date of issue Place of issue
Social security number
Is employed, in accordance with the laws, regulations or administrative provisions and, as appropriate, the collective agreements, in accordance with the rules applicable in the following Member State, on the conditions of employment and of vocational training of drivers applicable in that Member State to carry out road transport operations in that State:
(4)
Particular remarks
This attestation shall be valid from to
Issued in , on
(5)
(1) The distinguishing signs of the Member States are: (B) Belgium, (BG) Bulgaria, (CZ) Czech Republic, (DK) Denmark, (D) Germany, (EST) Estonia, (IRL) Ireland, (GR) Greece, (E) Spain, (F) France, (I) Italy, CY) Cyprus, (LV) Latvia, (LT) Lithuania, (L) Luxembourg, (H) Hungary, (MT) Malta, (NL) Netherlands, (A) Austria, (PL) Poland, (P) Portugal, (RO) Romania, (SLO) Slovenia, (SK) Slovakia, (FIN) Finland, (S) Sweden, (UK) United Kingdom.
(2) OJ L …
(3) Name or business name and full address of the haulier
(4) Name of the haulier's Member State of establishment
(5) Signature and stamp of the issuing competent authority or body


Text of image

(Second page of the attestation)
(Text in (one of) the official language(s) of the Member State issuing the attestation)
GENERAL PROVISIONS
This attestation is issued under Regulation (EC) No …/2008 [on common rules for the access to the international road haulage market].
It certifies that the driver named therein is employed, in accordance with the laws, regulations or administrative provisions and, as appropriate, the collective agreements, in accordance with the rules applicable in the Member State mentioned on the attestation, on the conditions of employment and of vocational training of drivers applicable in that same Member State to carry out road operations in that State.
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 (1) engaged in carriage using a Community licence issued to that haulier. The driver attestation is not transferable. The driver attestation shall be valid only as long as the condition under which it was issued are still satisfied and must be returned immediately by the haulier to the issuing authorities if these conditions are no longer met.
It may be withdrawn by the competent authority of the Member State which issued it, in particular where the holder has:
— not complied with all the conditions for using the attestation;
— supplied incorrect information with regard to the data needed for the issue or extension of attestation;
A certified true copy of the attestation must be kept by the haulage undertaking;
A original attestation must be kept in the vehicle and must be produced by the driver whenever required by an authorised inspecting officer.
(1) ‘Vehicle’ means a motor vehicle registered in a Member State of 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.



ANNEX III
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)




 


 


 


Article 1(4) new




 


 


Article 1(1) and (2), Annex I; Article 2


Article 1(5)




 


 


Article 2


Article 1(6)




Article 2


 


 


Article 2 amended




Article 3(1)


 


 


Article 3




Article 3(2)


 


 


Article 4(1) amended




Article 3(3)


 


 


Article 5(1) amended




Article 4


 


 


-




Article 5(1)


 


 


Article 4(2) amended




Article 5(2)


 


 


Article 4(3) amended




Article 5(3)


 


 


Article 4(4) amended




 


 


 


Article 4(5) new




Article 5(4), Annex I, second page, seventh paragraph, second and third sentences


 


 


Article 4(6) amended




Article 5(5)


 


 


Article 4(2)




Article 6(1)


 


 


Article 5(2) amended




Article 6(2)


 


 


Article 5(2) amended




Article 6(3)


 


 


Article 5(3) amended




Article 6(4)


 


 


Article 5(4)




Article 6(5)


 


 


Article 5(5)




Article 7


 


 


Article 6




Article 8(1)


 


 


Article 7(1)




Article 8(2)


 


 


Article 7(2)




 


 


 



Article 8 new





Article 8(3)


 


 



Article 13(1) amended




Article 8(4)


 


 



Article 13(2)





Article 9(1)


 


 



Article 13(7) amended




Article 9(2)


 


 



Article 13(7) amended




 


Article 1(1)


 



Article 9(1)





 


 


 



Article 9(2)





 


 


 



Article 9(3) new





 


 


 



Article 9(4) new





 


 


 



Article 9(5)





 


 


 



Article 9(6) new





 


Article 1(2)


 



Article 9(7)





 


Article 1(3)


 



Article 9(8)





 


Article 1(4)


 



Article 9(9)





 


 


 



Article 9(10) new




 


Article 2


 


-




 


Article 3


 


-




 


Article 4


 


-




 


Article 5


 


-




 


Article 6(1)


 



Article 10(1) amended




 


Article 6(2)


 


-




 


Article 6(3)


 



Article 10(2)





 


Article 6(4)


 


-




 


Article 7


 


-




Article 10


 


 



Article 18(1) amended




Article 11(1)


 


 



Article 11 amended




Article 11(2)


 


 



Article 14(1) amended




Article 11(3)


 


 



Article 13(3) amended




Article 11a


 


 


-




 


 


 



Article 12 new





 


Article 8(1)


 



Article 11 amended




 


Article 8(2)


 



Article 14(2) amended




 


Article 8(3)


 



Article 14(2) amended




 


Article 8(4) subparagraphs 1 and 3


 


-




 


 


 



Article 13(4) new





 


Article 8(4) subparagraph 2


 



Article 13(5) amended




 


Article 8(4) subparagraphs 4 and 5


 



Article 13(6) amended




 


Article 9


 



Article 14(3) amended




 


 


 



Article 15





 


 


 



Article 16





 


 


 



Article 17





Article 12


 


 



Article 19





Article 13


 


 


-




Article 14


Article 10


 


-




 


Article 11


 


-




Article 15


Article 12


 



Article 20





 


 


Article 3


-




 


 


Article 4


-




 


 


Article 5


-




 


 


Annex II, III


-




Annex I


 


 


Annex I




Annex II


 


 


Article 1(5)




Annex III


 


 


Annex II




 


Annex I


 


-




 


Annex II


 


-




 


Annex III


 


-




 


Annex IV


 


-