Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage of goods by road
Date: 2017-05-31
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: EU Member State, carriage of goods, intra-EU transport, road transport, vehicle rental

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   EUROPEAN COMMISSION  Brussels, 31.5.2017  COM(2017) 282 final 2017/0113 (COD)   Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage of goods by road (Text with EEA relevance) {SWD(2017) 196 final} {SWD(2017) 197 final} {SWD(2017) 198 final} {SWD(2017) 199 final}  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage of goods by 
road1 provides for a minimum level of market opening for the use of hired goods vehicles in 
the single market. In doing so, it aims to (i) achieve optimum resource allocation by limiting 
the wasteful use of factors of production (e.g. capital tied up in underutilised vehicles) and (ii) 
increase  the  flexibility  and  productivity  of  the  undertakings  concerned.  All  objectives  are 
associated with the use of hired vehicles. 

However,  at  the  same  time,  the  Directive  allows  Member  States  to  restrict  the  use  of  hired 
goods  vehicles  with  a  gross  vehicle  weight  above  six  tonnes  for  own  account  operations.  It 
also allows restricting the use of a vehicle which has been hired in a Member State different 
from the one where the undertaking hiring the vehicle is established. 

These  restrictions  limit  the  effectiveness  of  the  Directive.  Moreover,  they  create  an 
unnecessary burden on undertakings and a patchwork of rules which creates confusion among 
operators. Reducing the burden on undertakings and clarifying the rules is a core objective of 
the EU Regulatory Fitness Programme (REFIT) of which this proposal forms a part.  

It is therefore proposed to remove the possibility to restrict the use of hired vehicles for own 
account  operations.  Moreover,  the  use  of  a  vehicle  hired  in  another  Member  State  is  to  be 
allowed for at least four months to enable undertakings to meet temporary or seasonal demand 
peaks and/or to replace defective or damaged vehicles. Allowing Member States to limit the 
use of a vehicle hired in a Member State other than the one where the undertaking hiring it is 
established  to  four  months  seems  necessary  to  avoid  possible  distortions  given  the 
considerable differences between them in the taxation of road vehicles. 

Overall, the proposal ensures equal access for transport operators across the EU to the market 
for hired vehicles. It also ensures a uniform regulatory framework across the EU and enables 
transport operators to perform their transport activities in the most efficient way possible. As 
hired  vehicles  are  usually  newer,  safer  and  less polluting,  the  proposal  reduces the negative 
externalities of road transport. 

This proposal is one of several proposals in the area of road transport which the Commission 
intends  to  adopt  in  2017  to  make  the  legislative  framework  governing  the  road  transport 
sector in the EU fit for the future. 

Consistency with existing policy provisions in the policy area 

• 
Hired  goods  vehicles  are  referred to  in  both  Regulations  (EC)  No  1071/20092  and  (EC)  No 
1072/20093,  in  the  context  of  the  conditions  for stable  establishment  of  a  transport operator 
(which is one of the requirements for access to the profession of road transport operator) and 
in the context of the rules on the Community licence, a certified copy of which must be put at 
the disposal of the licence holder for each hired vehicle. In this sense, the operation of hired 
vehicles is relevant to the access to the international road haulage market. Both Regulations 

1 
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3 

OJ L 33, 4.2.2006, p. 82. 
OJ L 300, 14.11.2009, p. 51. 
OJ L 300, 14.11.2009, p. 72. 

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and the Directive form the legal framework in which the road haulage sector operates in the 
EU. The enforcement of the provisions of these three legal acts is closely linked. As regards 
in particular the enforcement of the proposed (optional) time limitation, whereby the use of a 
vehicle  hired  in  a  Member  State  other  than  the  one  where  the  undertaking  hiring  it  is 
established  may  be  confined  to  four  months,  the  amending  proposal  made  in  respect  of 
Regulation (EC) No 1071/2009 is relevant. According to that proposal, Member States would 
be obliged to indicate the number plate of each vehicle at the disposal of a transport operator 
in  their  respective  national  electronic  register.  Such  a  rule  should  be  of  great  help  for 
monitoring compliance with any time limitation as referred to above. 

• 

Consistency with other Union policies 

The  proposal  is  fully  consistent  with  the  priority  of  the  Commission  to  create  a  deeper  and 
fairer internal market. The internal market for the provision of transport services using hired 
goods  vehicles  and  for  the  provision  of  vehicle  renting  and  leasing  services  will  be 
strengthened. It is also in line with the objectives of the common transport policy as described 
in  the  2011  White  Paper  "Roadmap  to  a  Single  European  Transport  Area  -  Towards  a 
competitive  and  resource  efficient  transport  system".4  This  proposal  also  reduces  the 
regulatory  burden  on  operators  and  clarifies  the  legal  framework  -  both  of  which  are 
objectives of the EU's REFIT programme. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  for  this  Directive  is  Article  91(1)  of  the  Treaty  on  the  Functioning  of  the 
European Union (TFEU). 

• 

Subsidiarity (for non-exclusive competence)  

The EU shares competence with Member States to regulate the field of transport pursuant to 
Article 4(2)(g) TFEU.  

Road transport is increasingly international. The share of international road freight transport 
activity  in  total  road  freight  transport  activity  in  what  is  now  the  EU-28  has  gone  up  from 
around  28%  in  2000  to  almost  36%  in  2014.5  Only  the  EU  can  provide  a  uniform  legal 
framework  in  the  increasingly  integrated  internal  market  for  the  provision  of  road  transport 
services. Without EU intervention, Member States would not provide the level playing field 
that  is  needed  in  the  internal  market.  The  existing  patchwork  of  national  rules  can  only  be 
overcome  through  EU  action.  A  uniform  legal  framework  will  reduce  compliance  and 
enforcement costs across the EU. As the Directive currently allows Member States to restrict 
the  use  of  hired  vehicles  under  certain  conditions,  reducing  the  scope  of  Member  States  to 
impose  restrictions  on  the  use  of  hired  vehicles  requires  amending  the  Directive  which  can 
only be done at EU level. 

• 

Proportionality 

As indicated in Section 7.4 of the impact assessment, the proposal does not go beyond what is 
needed  to  address  the  identified  problems.  The  proposal  only  contains  some  targeted 
amendments to the Directive which help improve the legislative framework in which the road 
haulage sector and the vehicle renting and leasing sector in the EU operate.  

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COM(2011) 144 final of 28.3.2011. 
See EU transport in figures. Statistical Pocketbook 2016, Tables 2.2.4b and 2.2.4c; online available at 
http://ec.europa.eu/transport/facts-fundings/statistics/pocketbook-2016_en  

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• 

Choice of the instrument 

Since the act to be amended is a Directive, the amending act proposed should in principle take 
the same form. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

The staff working document related to the ex-post evaluation of Directive 2006/1/EC has been 
adopted together with this proposal.6 An external study was carried out in 2015-16. Its final 
report is published on the Commission's website.7 

The  main  findings  of  the  ex-post  evaluation  were  that  Directive  2006/1/EC  could  be  more 
effective in achieving its objectives if it didn't allow Member States to restrict the use of hired 
goods  vehicles  in  some  market  segments  and  under  certain  conditions.  Restrictions  on  the 
cross-border hiring of goods vehicles prevent operators from optimising the utilisation of their 
fleets by shifting their vehicles to where they are most needed. Moreover, restrictions on the 
use of hired goods vehicles also lower the efficiency of Directive 2006/1/EC as they increase 
compliance costs for both transport operators and vehicle renting / leasing companies and as 
they increase implementation and enforcement costs for public authorities. In the absence of 
restrictions, these costs have been found to be small and negligible. 

Allowing Member States to restrict the use of hired goods vehicles also goes against the needs 
of the European economy in terms of increasing the flexibility and efficiency of road haulage 
operations and it is not fully compatible with current policy priorities in terms of deepening 
the single market and promoting the use of safer, cleaner and more fuel efficient vehicles.  

• 

Stakeholder consultations 

Interested  parties  had  several  opportunities  to  provide  contributions  during  both  the  ex-post 
evaluation  and  the  impact  assessment  process.  Next  to  targeted  stakeholder  interviews  (27 
interviews were carried out in autum 2015 for the ex-post evaluation and 33 in the second half 
of 2016 for the impact assessment), there was a 12-week online public consultation (covering 
both  ex-post  evaluation  and  impact  assessment)  that  took  place  between  11  August  and  4 
November  2016  (attracting  27  responses)  and  a  7-week  consultation  of  SMEs  between  22 
September and 11 November 2016 through the SME panel of the Enterprise Europe Network. 
The consultation of the SME panel consisted of two separate questionnaires, one on the use of 
hired goods vehicles (156 responses) and the other on the use of hired buses and coaches (94 
responses). 

The  consultation  provided  a  number  of  data  and  valuable  relevant  contributions  from 
practitioners. One of its outcomes was that the absence of EU rules on the use of hired buses 
and coaches was not really a problem and that there was no specific market segment dealing 
with hired buses and coaches. This is why one of the originally envisaged policy options that 
would have extended the scope of the Directive to the use of hired buses and coaches has been 
discarded. 

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SWD(2017) 198 final. 
https://ec.europa.eu/transport/sites/transport/files/facts-fundings/evaluations/doc/2016-ex-post-
evaluation-of-directive-2006-1-ec-final-report.pdf  

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The  consultation  also  provided  some  input  on  the  justifications  by  Member  States  for 
applying  restrictions  on  the  use  of  hired  vehicles.  Some  public  authorities  and  trade  union 
representatives fear more competitive pressure from the removal of restrictions regarding the 
use  of  hired  vehicles  for  own  account  operations  and  more  difficulties  in  enforcing  road 
transport legislation from allowing the use of vehicles hired in another Member State. While 
the  justifications  for  restrictions  on  the  use  of  vehicles  hired  in  another  Member  State  have 
been  taken  into  account,  those  related  to  restrictions  on  the  use  of  hired  vehicles  for  own 
account operations were not convincing. 

• 

Collection and use of expertise 

The Commission was supported by an external contractor who carried out a study on the ex-
post evaluation of the Directive and a support study for the impact assessment. 

• 

Impact assessment 

The  initiative  is  supported  by  an  impact  assessment,  which  has  received  a  positive  opinion 
with  reservations  from  the  Regulatory  Scrutiny  Board.  The  reservations  were  addressed  by 
providing  more  detail  on  the  policy  context,  by  explaining  the  magnitude  of  the  problems 
identified and why they should be addressed now, by discarding the original policy option that 
would have extended the scope of the Directive to the use of hired buses and coaches (as no 
case  could  be  made  for  this  option),  by  explaining  the  risks  of  not  achieving  the  expected 
outcome of the preferred option (in particular in view of possible incentives for tax planning 
or  tax  optimisation  and  possible  difficulties  for  Member  States  in  enforcing  road  transport 
legislation), by providing an attempt of quantification of the reduction in administrative costs 
and by providing more information on the stakeholder consultation. 

The following policy options have been examined: 

Option 0: Issue guidelines and recommendations. 

Option 1: Targeted legislative amendments. 

Option  1a:  Allowing  the  use  of  hired  goods  vehicles  for  own  account  operations 
throughout the EU. 

Option  1b:  Allowing  the  use  of  goods  vehicles  which  an  operator  established  in  one 
Member  State  has  hired  in  another  Member  State  for  a  certain  period  of  time  (three-to-
four months) e.g. to meet temporary or seasonal demand peaks. 

Option 1c: Combination of Option 1a and Option 1b. 

Option 2: Same (or at least no more restrictive) rules for the use of hired vehicles as for the 
use of vehicles owned by undertakings. 

Option  1c  is  the  preferred  option  as  it  is  the  most  effective  option  that  addresses  all  the 
identified problems without going beyond what is necessary to do so. It is better than Option 2 
as  the  latter  would  not  remove  the  patchwork  of  rules  in  the  EU  related  to  the  use  of  hired 
vehicles.  Instead  the  different  rules  of  the  various  Member  States  would  remain  in  place  as 
long  as  they  did  not  put  hired  vehicles  in  a  worse  position  than  vehicles  owned  by  the 
operators  (e.g.  requirements  related  to  the  re-registration  of  a  vehicle  purchased  /  hired  in 
another Member State).  

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Under the preferred option, operating costs of EU hauliers could be reduced by a total of EUR 
158 million in 2030. An operator switching from owned vehicles to hired vehicles should see 
his  operating  costs  go  down  by  around  2%.  In  addition,  the  vehicle  rental  /  leasing  sector 
stands  to  gain  some  EUR  81  million,  bringing  the  total  annual  economic  benefit  to  around 
EUR 240 million in 2030. In addition, it would lead to almost 5 000 additional jobs, 2 900 in 
the vehicle rental / leasing sector and 1 700 in the road haulage business. 

• 

Regulatory fitness and simplification 

The proposal is part of the Commission's REFIT programme. It aims at simplifying the rules on 
the use of hired vehicles. The market opening for the use of hired goods vehicles for own account 
operations  will  remove  any  restrictions  which  in  turn  will  reduce  compliance  costs  by  the 
operators. Providing a uniform framework for the use of vehicles hired in another Member State 
(at least for up to four months) is expected to provide legal clarity and save operators up to EUR 
12.8 million in costs for de-registration and re-registration of their vehicle.  

• 

Fundamental rights 

The proposal respects the fundamental rights and observes the principles recognised in particular 
by the Charter of Fundamental Rights of the European Union.8 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no implications on the Union budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The implementation  of  this  Directive  will  be  closely  monitored.  The Commission  will  submit  a 
report  on  the  implementation  and  effects  of  this  Directive  at  the  latest  five  years  after  the 
transposition  deadline.  By  further  liberalising  the  use  of  hired  goods  vehicles,  this  Directive  is 
expected to boost the market for hired vehicles and lead to lower costs and more flexibility and 
profitability  for  operators.  The  relevant  information  is  to  be  gathered  from  national  competent 
authorities, from representatives of the vehicle renting and leasing business and through a survey 
among  road  transport  operators.  Useful  information  is  also  expected  to  come  from  the  national 
electronic registers of road transport undertakings. As transport operators will in the future have to 
indicate the number plate of the vehicles at their disposal, it should be straightforward to get an 
overview of the share of foreign-registered vehicles in the vehicle fleet from these registers. 

• 

Detailed explanation of the specific provisions of the proposal 

The main elements of the proposal are the following: 

Amendment of Article 2 of Directive 2006/1/EC 

Article 2 provides the framework for the rules which Member States apply to the use of hired 
vehicles on their own territory by undertakings established on the territory of another Member 
State. In  this context,  the limitation of the scope of this Article to "traffic between Member 
States" is outdated as hired vehicles may also be used for cabotage operations in line with the 
provisions of Regulation (EC) No 1072/2009. 

8 

Charter of Fundamental Rights of the European Union, OJ C 326, 26.10.2012, p. 391. 

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The current provisions allow Member States to restrict the use of vehicles hired in a Member 
State  other  than  the  one  where  the  undertaking  hiring  them  is  established.  This  creates  a 
patchwork of rules across the EU and legal uncertainty which in turn prevents undertakings 
from benefiting from potentially more economically attractive hiring deals across the border. 
It  is  therefore  proposed  to  allow  undertakings  to  use  vehicles  hired  anywhere  in  the  EU  all 
over the EU.  

As  vehicle  taxation  rates  still  differ  considerably  in  the  EU,  and  in  order  to  avoid  fiscal 
distortion, Member States may limit the time of use on their respective territories of a vehicle 
hired  in  a  Member  State  other  than  the  one  where  the  undertaking  hiring  it  is  established, 
however  not  below  a  minimum  period  of  four  months.  This  four-month  minimum  period  is 
meant to ensure that vehicles hired (and registered) in another Member State may be used to 
meet in particular short-term, seasonal or temporary demand peaks or to replace defective or 
damaged vehicles. 

Amendment of Article 3 of Directive 2006/1/EC 

Article 3 provides the framework for the rules which Member States apply to the use of hired 
vehicles  by  undertakings  established  on  their  own  territory.  The  current  provisions apply  to 
hired vehicles registered or lawfully put into circulation in the Member State itself, "provided 
that the conditions laid down in Article 2 are satisfied." As the amended Article 2 allows the 
use  of  hired  vehicles  registered  or  lawfully  put  into  circulation  in  any  Member  State, 
paragraph 1 is amended to remove this inconsistency. It should be possible to use a vehicle 
that has been registered or put into circulation in compliance with the laws in a Member State 
other  than  the  one  where  the  undertaking  hiring  it  is  established  not  only  for  transport 
operations  in  any  other  Member  State  (in  line  with  the  amended  Article  2),  but  also  for 
transport operations in the Member State where the undertaking hiring it is established. 

Paragraph 2 is deleted as Member States should no longer have the freedom to restrict the use 
of hired goods vehicles for own account operations. Undertakings throughout the EU should 
be  allowed  to  use  hired  vehicles  for  own  account  operations  and  profit  from  the  associated 
benefits. They should not be restricted to the use of vehicles owned by them or to outsourcing 
the  transport  operation  to  an  undertaking  providing  such  services  for  hire  and  reward.  The 
vehicles  owned  by  undertakings  that  use  them  for  own  account  operations  are  often 
underutilised and on average older, less safe and more polluting than hired vehicles. 

New Article 5a in Directive 2006/1/EC 

This  Directive  is  a  step  forward  in  the  market  opening  for  the  use  of  hired  vehicles  for  the 
carriage of goods by road. By allowing the use of a vehicle hired in a Member State other than 
the one where the undertaking hiring it is established, at least for a period of four months, and 
by removing the restrictions on the use of hired goods vehicles for own account operations, 
the  Directive  opens  up  new  possibilities  for  both  undertakings  hiring  vehicles  and 
undertakings active in the vehicle rental / leasing business across the EU.  

The implementation and effects of this new Directive and its impact on transport operators for 
own  account  or  for  hire  and  reward  and  on  the  vehicle  rental  /  leasing  sector  should  be 
assessed in a report to be submitted by the Commission. This should be done once sufficient 
evidence is  available,  which  should be  the  case five  years  after  the  end  of  the  transposition 
period  (six  and  a  half  years  after  the  new  Directive  enters  into  force).  On  the  basis  of  that 
report, the Commission will assess whether further measures should be taken. 

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2017/0113 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 2006/1/EC on the use of vehicles hired without drivers for the 
carriage 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 Committee1, 
Having regard to the opinion of the Committee of the Regions2, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Directive  2006/1/EC  of  the  European  Parliament  and  of  the  Council3  provides  for  a 
minimum level of the market opening for the use of vehicles hired without drivers for 
the carriage of goods by road.  

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

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

(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 

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2 
3 

OJ C , , p. . 
OJ C , , p. . 
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). 

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(5) 

(6) 

(7) 

(8) 

them  to  meet  in  particular  short-term,  seasonal  or  temporary  demand  peaks  or  to 
replace defective or damaged vehicles. 

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

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. 

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

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: 

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

"(a) 
Member State;"; 

(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." 

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(2) 

Article 3 is replaced by the following: 

"Article 3 

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

(3) 

the following Article 5a is inserted: 

"Article 5a 

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

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  the  date 
calculated  18  months  following  the  entry  into  force]  at  the  latest.  They  shall 
communicate to the Commission the text of those provisions without delay. 

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. 

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

Article 3 

This Directive is addressed to the Member States. 

Done at Brussels, 

Article 4 

For the European Parliament 
The President 

For the Council 
The President 

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