Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States
Date: 2017-12-15
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: air quality, carriage of goods, clean technology, combined transport, greenhouse gas, motor vehicle pollution, pollution control measures, reduction of gas emissions

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   EUROPEAN COMMISSION  Brussels, 15.12.2017  COM(2017) 648 final/2 2017/0290 (COD)  This document corrects document COM(2017) 648 final of 8 November 2017.  Concerns all language versions.  The corrected errors include : a comment to be deleted in Recital(1), a typo in Recital (14), typos in new Articles 1.4, 5.3 and 6.4.  The text shall read as follows: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States (Text with EEA relevance) {SWD(2017) 362 final}  - {SWD(2017) 363 final}  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives to the proposal 

The 2017 State of the Union Adress gives a clear message: The EU should become a world 
leader in decarbonisation, and transform actions into jobs, growth and innovation1. With the 
Paris  Agreement  on  Climate  Change  in  force,  the  transition  to  a  modern  and  low-carbon 
economy  will  need  to  accelerate.  The  June  2017  European  Council2  reaffirmed  the 
commitment  of  the  EU  and  its  Member  States  to  swiftly  and  fully  implement  the  Paris 
Agreement  and  to  continue  to  lead  in  the  fight  against  climate  and  recognised  the  Paris 
Agreement as a "key element for the modernisation of the European industry and economy".   

Owing to the major contribution of transport to greenhouse gas emissions and air pollution, 
making transport more sustainable is central to EU transport policy. A transition to an energy 
efficient  and  decarbonised  transport  sector  was  identified  as  of  critical  importance  in  the 
Energy  Union  Strategy  of  February  20153.  Such  a  transition  is  supported  by  concrete 
measures  outlined  in  the  Strategy  for  Low-Emission  Mobility4  adopted  in  July  2016  and  
whose  aim  is  to  i)  optimise  transport  system  efficiency  through  digitalisation  and  greater 
promotion  of  multimodality,  and  (ii)  boost  the  use  of  low-emission  alternative  energy  for 
transport by rolling out an appropriate alternative fuel infrastructure in order to move towards 
zero-emission  vehicles.  Those  measures  are  now  being  implemented.  In  May  2017,  the 
"Europe  on  the  Move"  Communication  presented  an  agenda  for  a  socially  fair  transition 
towards clean, competitive and connected mobility for all5, accompanied by a first package of 
proposals. Additional measures, including the revision of the Clean Vehicles Directive or the 
amendment  of  the  Combined  Transport  Directive,  are  now  proposed  as  part  of  this  second 
"Europe on the Move" package.  

Directive  92/106/EEC6  (the  Combined  Transport  Directive)  is  the  only  legal  instrument  at 
Union  level  to  directly  incentivise  the  shift  from  road  freight  to  lower  emission  transport 
modes  such  as  inland  waterways,  maritime  transport  and  rail.  It  aims  to  increase  the 
competitiveness  of  cross-border  intermodal  (and  more  specifically  ‘combined’)  transport 
compared to road-only freight transport. 

Regulatory measures include i) safeguarding the freedom to provide the cross-border service, 
i.e. protecting combined transport from national restrictions (authorisation schemes, regulated 
tariffs and quotas); ii) clarifying that road cabotage limitations (Regulation (EC) 1072/2009) 
do not apply to the road legs of international combined transport; and iii) allowing, by adding 
a  cross-reference  to  the  Weights  and  Dimensions  Directive  (Directive  53/96/EC),  heavier 
loads for vehicles used in intermodal transport road legs to compensate for the tare weight of 
the load unit as well as the use of 45 ft containers.  

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https://ec.europa.eu/commission/news/president-juncker-delivers-state-union-address-2017-2017-sep-
13_en 

http://www.consilium.europa.eu/press-releases-pdf/2017/6/47244661588_en.pdf 
COM(2015) 80 
COM(2016) 501.  
COM(2017) 283 
Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of 
goods between Member States, OJ L 368, 17.12.1992, p. 38- 42. 

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Economic support measures include granting certain fiscal incentives  as regards some taxes 
applicable to road vehicles when routed in combined transport and extending the definition of 
own-account  transport.  These  were  meant  to  partially  correct  the  imbalance  between 
combined transport and road-only transport caused by the existence of negative externalities 
not fully reflected in the price of road freight. 

However, since the Directive was adopted in 1992, some of these conditions, e.g. the use of 
paper transport documents and stamps as proof of eligibility for combined transport and the 
freight market environment have undergone considerable changes. While the Directive is still 
relevant for achieving the EU transport policy’s objective of reducing negative externalities, 
its effectiveness and efficiency could be further improved if properly reviewed.  

The  objective  of  the  initiative  is  to  further  increase  the  competitiveness  of  combined 
transport  compared  to  long-distance  road  freight  and  therefore  strengthen  the  shift 
from road freight to other modes of transport. This should reduce the share of transport 
externalities from freight transport. This will be done by: 

 

 

 

 

clarifying and extending the definition of combined transport; 

improving the monitoring of eligibility and enforcement conditions; 

increasing the effectiveness of incentives; and 

improving the reporting and monitoring conditions of the Directive. 

The initiative contributes to the Regulatory Fitness Programme (REFIT) as it aims to update 
and simplify the Directive. 

• 

Consistency with existing policy provisions in the policy area 

This  initiative  aims  to  support  multimodality  and  strengthen  the  shift  from  road  freight  by 
addressing  the  shortcomings  of  the  existing  legislation  (Directive  92/106/EEC)  and  in 
particular  by  extending  its  scope  using  a  broader  set  of  possible  support  measures.  This 
includes investment support for transhipment infrastructure, which would provide additional 
incentives  and  reduce  the  competitiveness  gaps  between  intermodal  transport  and  road-only 
freight transport.  

The  initiative  complements  other  measures  aimed  at  building  a  Single  European  Transport 
Area  and  also  contributing  to  a  shift  towards  more  sustainable  modes  of  transport.  These 
include the Regulation (EU) No 913/2010 establishing international rail freight corridors, the 
Directive  2012/34/EU  on  the  Single  European  Rail  Area,  the  Directive  2005/44/EC  on 
harmonised River Information Service (RIS) and the Regulation (EU) No 1315/2013 (TEN-T)  
which sets EU guidelines on the development of the trans-European transport network. 

Consistency with other EU policies 

• 
The  initiative  is  part  of the  Commission’s effort  to  create  ‘a  resilient  Energy  Union7  with  a 
forward-looking climate change policy’ and proposals related to low-emission mobility. The 
Communication  ‘Europe  on  the  Move’8  outlined  the  strategy  for  ‘a  socially  fair  transition 
towards clean, competitive and connected mobility for all.’ It was accompanied by a series of 
proposals such as revision of the Eurovignette Directive (Directive 1999/62/EC), a recast of 

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COM(2015) 80 final 
COM(2017) 283 final. 

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Directive 2004/52/EC on interoperability of electronic toll systems, the revision of regulations 
on  market  access  and  on  working  conditions  for  the  road  haulage  sector,  as  well  as  further 
steps to lay the foundations for cooperative, connected and automated mobility.  

To  further  implement  this  transition  to  low-emission  mobility,  these  measures  are  now 
complemented  by  other  proposals  such  as  the  revision  of  the  Clean  Vehicles  Directive 
(Directive  2009/33/EC),  the  revision  of  Regulation  (EC)  No  1073/2009  on  access  to  the 
international  market  for  coach  and  bus  services,  a  proposal  for  new  CO2  standards  for  cars 
and vans post-2020, an initiative to boost the deployment of an alternative fuels infrastructure 
and this proposed amendment to the Combined Transport Directive. 

In  addition  to  helping  optimise  transport  efficiency  by  providing  direct  support  to 
multimodality,  the  proposal  will  also  help  deploy  a  modern  and  efficient  transport 
infrastructure for which more investment is needed, as underlined in the Investment Plan for 
Europe9.  With  the  proposed  broadening  of  support  measures,  in  particular  infrastructure 
investment  support  for  transhipment  terminals,  the  initiative  supports  investment  in  the 
required transhipment facilities along the TEN-T network. 

The  proposed  amendment  is  consistent  with  the  existing  and  proposed  new  rules  on  the 
conditions  of  cabotage  and  the  posting  of  road  transport  workers.  The  current  text  of  the 
Combined  Transport  Directive  includes  in  Article  4,  the  so-called  ‘cabotage  exemption’, 
which provides that all hauliers established in the EU who meet the conditions of access to the 
market for transport of goods between Member States have the right to carry out the road leg 
of a combined transport operation, whether the road leg may or may not include the crossing 
of a frontier.  

Under the current definition, combined transport operations are to be considered exclusively 
as  international  operations.  This  has  been  confirmed  by  several  rulings  of  the  Court  of 
Justice10  and  is  underlined  in  recital  16  of  Regulation  (EC)  No  1072/200911.  In  order  to 
incentivise  such  operations,  international  combined  transport  must  be  compared  with 
international  road-only  transport  and  have  the  same  rules.  Most  stakeholders  and  operators 
agree that this is a fundamental condition for international intermodal transport to compete on 
equal grounds with international road-only transport and should be maintained.  

However, some stakeholders argue that the Combined Transport Directive opens the door to 
possible  circumvention  of  cabotage  rules  because  of  the  difficulty  in  proving  the 
‘international combined transport’ aspect of the operation. To address this, the new measures 
in the proposed amendment of the Combined Transport Directive, in the proposed revision of 

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https://ec.europa.eu/commission/priorities/jobs-growth-and-investment/investment-plan_en. 
E.g. in Case C-2/84, Commission v Italy, the Court confirmed that the combined transport road leg is an 
integral  part  of  a  single  international  combined  transport  journey  from  the  point  of  departure  to  the 
point  of  arrival,  and  that  therefore  they  are  not  to  be  considered  as  national  carriage.  ‘...combined 
carriage should be regarded as a single operation from the point of departure to the point of arrival […]. 
The  mere  fact  that  in  the  Member  State  of  destination  the  goods  are  carried  solely  by  road  cannot 
remove the advantages of combined road/rail carriage.’ 
‘This Regulation is without prejudice to the provisions concerning the incoming or outgoing carriage of 
goods  by  road  as  one  leg  of  a  combined  transport  journey  as  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.  National  journeys  by  road  within  a  host  Member  State 
which are not part of a combined transport operation as laid down in Directive 92/106/EEC fall within 
the  definition  of  cabotage  operations  and  should  accordingly  be  subject  to  the  requirements  of  this 
Regulation.’ 

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the cabotage rules in Regulation (EC) 1072/2009 and in the proposed specific rules as regards 
certain aspects  of Directive 96/71/EC relating to the posting of drivers in the road transport 
sector  and  of  Directive  2014/67/EU,  introduce  simpler  definitions  and  fully  embrace  the 
opportunity offered by the ‘digital mobility revolution’ to enhance the efficiency of operations 
by better harnessing the benefits of digitalisation. Allowing transport operators to make use of 
electronic means to provide the authorities with the required evidence data would reduce the 
administrative  burden  and  cost  of  enforcement  procedures.  This  would  also  make  it  much 
easier  for  national  authorities  to  clearly  distinguish  road  legs  in  international  combined 
transport from cabotage operations and prevent possible abuses. 

The proposed extension of scope of combined transport to national operations will support the 
further  development  of  combined  transport  in  the  EU.  Such  extension  will  not  impact  the 
volume of cabotage  operations as the ‘cabotage exemption’ will not apply for such national 
combined transport operations. In this case, the road leg of the combined transport would be 
subject  to  the  cabotage  rules  as  per  Regulation  (EC)  1072/2009,  as  amended,  and  the  new 
proposed  rules  on  ‘posting  of  workers’  would  also  apply.  This  should  ensure  that  possible 
cabotage  in  national  combined  transport  does  not  lead  to  unfair  competition  on  the  EU 
market. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The legal bases for Directive 92/106/EEC are Articles 75 and 84(2) of the EC Treaty.  

The legal basis for the proposed amendment is Article 91(1) of the Treaty on the Functioning 
of  the  European  Union  (‘TFEU’)  (ex  Article  71  TEC).  This  article  provides  the  basis  for 
adoption  of  EU  legislation,  laying  down  in  particular:  (a)  common  rules  applicable  to 
international  transport  to  or  from  the  territory  of  a  Member  State  or  passing  across  the 
territory of one or more Member States; (b) the conditions under which non-resident carriers 
may  operate  transport  services  within  a  Member  State;  [...]  (d)  any  other  appropriate 
provisions.  

• 

Subsidiarity (for non-exclusive competence)  

The objective of amending the Combined Transport Directive is to further promote the shift 
from road freight to more environmentally friendly modes of transport, and therefore further 
reduce  the  negative  externalities  of  the  EU  transport  system.  This  objective  involves 
extending the framework of measures in support of combined transport and simplifying and 
clarifying  the  Directive.  It  cannot  be  achieved  sufficiently  at  Member  State level  given  that 
the  majority  of  freight  combined  transport  is  cross-border  and  relies  on  an  intermodal 
infrastructure  across  Member  States.  A  coordinated  approach  for  investing  in  intermodal 
transhipment infrastructure is required.  

Considering  that  almost  20  %  of  European  intermodal  transport  is  national  (in  a  single 
Member  State)  and  currently  not  covered  in  the  Directive,  extending  the  scope  to  national 
combined  transport  operations  would  enlarge  the  scope  of  support  measures  needed  to 
promote a modal shift. This would reduce at the same time overall externalities, in particular 
greenhouse  gas  emissions  and  congestion,  which  have  an  impact  beyond  national  borders. 
Congestion  at  regional  or  national  level  directly  affects  all  road  users.  Greenhouse  gas 
emissions and air pollution also have a European dimension. 

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In  addition, common objectives  for the support measures  to  be taken by the Member States 
prevent  specific  measures  taken  at  national  level  in  support  of  combined  transport  from 
having  overlapping  or  different  results.  On  investment  support  measures  for  terminals  in 
particular, a common target for terminal coverage is needed to avoid overcapacity.  

• 

Proportionality 

The proposed measures help achieve the objectives set in the original Directive. 

Extending the scope in order to include national operations is needed to increase the impact of 
the Directive. The definition of combined transport and the conditions for eligibility need to 
be clarified to ensure that the Directive is applied more effectively, in particular in term of the 
benefits provided by the regulatory and economic support measures.  

The  support  measures  do  not  impose  mandatory  levels  of  economic  support,  leaving  the 
extent  and  methodology  to  provide  such  support  to  national  competence.  Costs  to  Member 
States, businesses and individuals are limited compared to the potential benefits. In particular, 
the  investment  support  for  terminals  is  expected  to  continue  to  yield  benefits  beyond  the 
period under review. 

• 

Choice of instrument 

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

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

• 
The  Commission  published  its  evaluation  of  Directive  92/106/EEC  in  201612.  An  external 
study  entitled  ‘Analysis  of  the  EU  Combined  Transport’  was  also  published  in  January 
201513.  

The  evaluation  concluded  that  the  Directive  continues  to  be  a  relevant  instrument  for 
supporting  combined  transport.  It  was  established  that  without  EU  action,  cross-border 
combined  transport  services  would  be  faced  with  barriers  resulting  from  different  legal 
systems,  making  such  services  less  attractive  and  possibly  unfeasible.  The  evaluation 
underlined that combined transport helps reduce negative externalities through a modal shift. 
However,  the  evaluation  showed  that  there  is  ‘significant  margin  for  further  improving  the 
effectiveness of the Directive, owing to the fact that some of its provisions are outdated, its 
language is sometimes obsolete and ambiguous, and its scope is  limited.’ The shortcomings 
relate in particular to the definition of combined transport, the limitations of fiscal incentives 
and the outdated provisions relating to transport documents. 

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13 

REFIT ex-post evaluation of Combined Transport Directive 92/106/EEC Final Report, SWD(2016) 140 
final. 
http://ec.europa.eu/transport/sites/transport/files/themes/strategies/studies/doc/2015-01-freight-logistics-
lot2-combined-transport.pdf. 

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Stakeholder consultations 

Stakeholder consultations were complied with the minimum standards for the consultation of 
interested parties as set out in the Commission Communication of 11 December 2002 (COM 
(2002) 704 final). 

Consultations  were  carried  out  to  gather  feedback  on  the  proposed  policy  measures  and  the 
likely impact of such measures. The stakeholders were consulted on the issues that were not 
addressed in previous public consultations (REFIT). The consultations provided an overview 
on  how  different  stakeholder  groups  view  the  proposed  policy  measures  and  options,  how 
these are expected to influence them as well as how to determine the stakeholders’ preferred 
option. 

The consultation activities included the following: 

(1) 

(2) 

(3) 

(4) 

A  public  consultation  was  carried  out  in  the  form  of  an  open  internet-based  public 
consultation that ran for 12 weeks. The consultation was held from 23 January 2017 
to 23 April 2017 using the EUSurvey tool and DG MOVE’s consultation page. The 
Commission received 79 full questionnaires and six position papers from 17 Member 
States  and  from  Switzerland,  mainly  from  the  transport  and  logistics  sector:  43% 
from  business  associations 
international 
organisations) , 36% from private enterprises, 11% from authorities, 8% from NGOs 
and 2% from academia.  

(among  which  13  European  or 

A targeted online stakeholder consultation was held from 10-31 March 2017 with the 
help of an external consultant. It focused mainly on the definition and the economic 
incentives  and  was  tailored  to  different  groups  of  stakeholders  (industry,  Member 
States, social partners and other interest groups). The Commission received 122 full 
questionnaires from 12 Member States and from Switzerland: 44% from operators of 
transport  services  or  operators  trade  associations,  17%  from  users  of  transport 
services or transport users' trade associations, 25% from national authorities and 14% 
from other transport associations. 

A stakeholder meeting was organised on 30 March 2017, which allowed stakeholder 
groups  participating  in  the  targeted  consultation  to  exchange  views.  The  35 
participating  stakeholders  represented  all  modes  of  transport  as  well  as  sea  and 
inland ports, terminals, wagon owners and the combined transport industry. 

An  additional  meeting  of  Member  States  was  held  on  10  April  2017,  in  which  14 
Member States were represented. 

Summary of input received and use of results 

Both  the  transport  and  logistics  sector  (represented  by  transport  users,  operators  and  their 
respective associations) and the authorities have expressed the need for an urgent amendment 
of  the  Combined  Transport  Directive.  The  existing  legislation  is  considered  outdated,  the 
regulatory and economic support for combined transport operations is seen as inadequate and 
the  conditions  for  eligible  operations  are  viewed  as  not  suitable  for  modern  supply  chain 
solutions and the competitive situation of combined transport services. 

On the definition of combined transport, the majority of stakeholders advocated an extension 
of  the  scope  of  the  Directive  to  include  national  transport  and  operations  with  non-EU 
countries,  anticipating  a  substantial  positive  impact  on  combined  transport  volumes  and  the 

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environment. The possible change to the distance limit of the road leg in combined transport 
operations generated the most comments, with often opposing views: many stakeholders and 
national authorities want to keep the current limitations, possibly introducing some flexibility, 
while the private sector supports lifting limitations on the length of the road leg.  

Despite  these  differences,  a  possible  compromise  identified  could  involve  retaining  the 
current definition and keeping the 150 km distance, while creating some flexibility by keeping 
the  notion  of  nearest  suitable  terminal  if  it  was  better  defined.  As  for  the  non-road  leg, 
stakeholders did not express strong views on modifying the current minimum length of 100 
km;  this  threshold  was  considered  insignificant  for  rail/road  operations,  but  counter-
productive for combined operations by inland waterways. 

Stakeholders  expressed  the  view  that  the  support  offered  under  the  current  Directive  was 
insufficient in general to promote combined transport operations in the Union. However, two 
of the regulatory support measures were considered to be particularly effective:  

 

 

the exemption from ‘cabotage restrictions’ for the road legs; and 

the 44 tonnes derogation from the 40 tonnes limit for combined transport operations 
in accordance with the Weights & Dimensions Directive.  

On economic support measures, there was general support for extending economic support to 
all  combined  transport  movements  in  each  modal  combination.  The  measures  considered  to 
deliver  the  strongest  positive  impact  on  combined  transport  volumes  were:  i)  support  for 
direct  investment  in  combined  transport  terminals,  possibly  accompanied  by  grants  per 
transhipped load unit; ii) incentives for combined transport-related IT investment or the use of 
innovative  solutions  such  as  cleaner  trucks;  and  iii)  reduction  in  access  charges  for  rail-
specific combined transport operations. Member States expressed reservations on mandatory 
support measures. 

Most  stakeholders  favoured  clearer  conditions  on  the  proof  of  eligibility  of  combined 
transport  operations.  They  also  supported  the  introduction  of  a  system  based  on  electronic 
documents,  which  could  replace  the  outdated  paper  document  and  stamp  system.  This  was 
supported by Member States. 

Stakeholders  generally  expressed  a  strong  interest  in  regularly  receiving  information  on  the 
state of combined transport operations. They called for the regular collection and publication 
of  combined  transport  related  data.  They  also  supported  the  preparation  and  publication  of 
more detailed reports. In addition, they suggested reviewing the amended Directive within a 
certain period of time, e.g. every 5 years, to keep it updated. 

Data collection and use of expertise 

• 
The problem definition was based mainly on the REFIT14 evaluation and the external study15. 

External contractors were used to lay the ground for the Impact Assessment:  

– 

14 
15 

a study on the collection of cost-related data16, concluded in March 2017; 

SWD(2016) 140 final. 
CT 
2014, 
- 
Study 
http://ec.europa.eu/transport/sites/transport/files/themes/strategies/studies/doc/2015-01-freight-logistics-
lot2-combined-transport.pdf. 

Combined 

Transport, 

Analysis 

EU 

the 

of 

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– 

– 

• 

a study on updating the combined transport market overview17, concluded in March 
2017; and 
a  study  summarising  the  consultations  in  support  of  the  Impact  Assessment18, 
concluded in July 2017. 

Impact Assessment 

The  initiative  is  supported  by  an  impact  assessment,  which  has  received  a  positive  opinion, 
with  reservations,  from 
the  Regulatory  Scrutiny  Board.  The  Board  has  made 
recommendations requiring adjustments to be made and clarifications on the following: 

– 

– 

– 

– 

the description of the context and how the initiative fits in with the other EU acquis 
and other complementary efforts for a modal shift: 

the  identification  and  qualification  of  the  infrastructure  bottlenecks  (in  particular 
transhipment terminals) for the development of combined transport;  

the justification, from the point of view of subsidiarity, of the inclusion of national 
combined transport in the scope of the Directive; and 

the expected impact, in particular the underlying assumptions. 

The  comments  have  been  taken  into  account  in  the  revised  Impact  Assessment,  as 
indicated in Annex I of the Impact Assessment Report. The following modifications were 
made to address the issues mentioned above: 

– 

– 

– 

– 

Explanations  on  the  complementarity  of  the  revision  of  the  Combined  Transport 
Directive  with  other  existing  initiatives  (to  address  the  promotion  of  multimodality 
and  the  support  for  a  modal  shift)  were  added  mainly  in  the  section  on  policy 
context. 

Further explanations on the infrastructure bottlenecks and how they affect the overall 
problems  that  this  initiative  addresses  have  been  added.  Specific  references,  in 
particular  on  the  existing  limitations  and  needs  in  terms  of  rail  infrastructure 
terminals,  have  been  added  to  help  quantify  such  bottlenecks  and  the  expected 
investments needed.  

Further  explanations  on  the  subsidiarity,  in  particular  on  the  inclusion  of  national 
combined  transport  in  the  definition,  but  also  on  the  adoption  of  infrastructure 
investment measures, have been added. 

A  more  detailed  description  of  the  underlying  assumptions  about  the  impact  and  a 
description  of  the  internal  model  used  to  derive  this  impact  were  added  in  the 
relevant sections, in particular in the annex on analytical models.  

The assessed policy options consist of packages of policy measures that address the specific 
objectives, and more specifically the main problem drivers identified:  

– 

16 
17 
18 

definition of ‘combined transport’, i.e. geographical coverage, road leg, non-road leg, 
load unit;  

TRL (2017)  – Gathering additional data on EU combined transport. 
ISL+KombiConsult (2017), Updating EU combined transport data – Final Report. 
KombiConsult-Intermodality  (2017),  Consultations  and  related  analysis  in  the  framework  of  impact 
assessment for the amendment of Combined Transport Directive (92/106/EEC). 

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– 

– 

eligibility control, i.e. required data (for control), data presentation, place of control;  

economic  support  measures,  i.e.  investment  support  and  operational  support  (e.g. 
vehicle tax breaks); and 

administrative  measures, 
cooperation between Member States, transparency.  

i.e.  review  of  support  measures,  data  collection, 

The policy options were based on increasing levels of clarification, ambition and ‘cumulative’ 
expected impact.  

The first policy option (PO1) consists of a minor amendment to the Directive with the focus 
on  simplification:  the  definition  of  combined  transport  is  simplified  by  a  unique  road  leg 
distance  for  all  modes.  Simple  electronic  documents  (e.g.  PDFs)  are  accepted  as  proof  of 
eligibility, and the fiscal incentive to road hauliers for the road leg of the combined transport 
operation is extended to all types of combined transport (not only rail/road).  

Policy  option  2  (PO2)  targets  simplification  of  the  eligibility  criteria  (definition),  a  better 
definition of the enforcement conditions and broadening of  the economic support measures. 
The option is divided into two sub-options, depending on the level of ambition:  

– 

– 

In sub-option PO2A, the scope is extended to include national (domestic) combined 
transport operations. There is a common definition of the road leg, irrespective of the 
non-road mode of transport (150 km or 20 %, whichever is greater). Only intermodal 
load  units  with  ISO/ILU  identification  are  considered  acceptable.  New  data 
requirements  are  specified  for  the  proof  of  eligibility  conditions,  together  with  the 
acceptance  of  electronic  data  in  revisable  data  format.  A  set  of  different  economic 
support options is also offered. 

In sub-option PO2B, in addition to the measures described in PO2A, the definition of 
combined  transport  includes,  for  the  road  leg  part,  some  flexibility,  with  the 
possibility for Member States to use the ‘nearest suitable terminal’ as the limit. Load 
units of all sizes are accepted. Among all the economic support measures, the one on 
investments in terminals becomes mandatory.  

Finally, policy option 3 (PO3) consists of an extension of the measures set out in the Directive 
on  all  intermodal  transport,  irrespective  of  distances  limits,  types  of  load  units.  With  this 
option, there are no data requirements for proof of eligibility. The option also stipulates that 
all possible support measures are mandatory.  

The Impact Assessment identified PO2B as the preferred option.  

While  PO3  would  bring  about  the  largest  absolute  economic  benefits,  its  cost  to  Member 
States,  and  with  it  the  overall  return  on  investment,  makes  it  less  appealing  than  the  other 
options,  which  have  a  higher  return  on  investment  ratio.  PO3  is  also  less  environmentally 
efficient than PO2A and PO2B. PO1 and PO2A do not deliver on the modal shift target of the 
2011 White Paper for 2030. Given that PO2B ensures that the modal shift target for 2030 is 
reached  and  delivers  a  higher  return  on  investment  and  environmental  efficiency  than  PO3, 
PO2B is therefore the preferred option. 

SMEs  –  in  particular  those  performing  the  road  leg  of  combined  transport  operations  and 
small  inland  waterway  operators  –  benefit  from  the  support  of  the  Combined  Transport 
Directive,  which  helps  them  compete  with  cheaper  long-distance  road  transport,  and  will 
benefit from PO2B thanks to an increase in combined transport volumes. However, it should 

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be  noted  that  the  introduction  of  electronic  structured  data  for  control  purposes  may  bring 
with it some initial investment costs, although this would be offset by savings provided by the 
use of electronic data in the overall supply chain. 

• 

Regulatory fitness and simplification 

The REFIT dimension of this proposal comes from simplifying and updating the definition of 
combined transport as well as clarifying the conditions and means for enforcement (proof of 
eligibility of the operation as being combined transport).  

The definition of combined transport consists of:  

– 

– 

– 

Clarification and simplification of the definition of the road leg, opting for a precise 
definition  (150  km  or  20  %  of  total  distance)  applicable  in  combination  with  any 
mode of transport.  

Removal of any distance limitation for the non-road leg. 

Further specification that only  standardised load units will  be  considered. This  will 
make  it  easier  to  track  and  count  the  load  units  when  calculating  the  volumes  of 
combined transport for which support measures are requested. 

For the conditions on proof of eligibility, by clearly specifying the evidence required and by 
allowing  the  use  of  electronic  documents,  verification  of the  ‘combined  transport’  aspect  of 
transport  will  be  made  easier  for  both  the  authorities  performing  roadside  checks  and  those 
dealing with the support measures.  

Finally, the simplifications also apply to some outdated references such as the specific liberal 
regime made for ‘own-account transport’. As explained in the REFIT report, this is no longer 
relevant  or  effective  given  the  overall  decrease  of  own-account  transport  in  road  freight 
transport.  

• 

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. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no budgetary implications for the EU budget. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The Impact Assessment Report lists a set of eight indicators that should be used to monitor 
the  effectiveness  and  efficiency  of  the  measures  taken  in  order  to  meet  the  main  policy 
objectives:  

 

 

 

 

EN 

the share of intermodal transport and combined transport; 

the modal shift from road transport; 

the resulting savings of external costs; 

the increase of intermodal transport volume per € 1 of support provided; 

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 

 

 

 

the increase of loading capacity of intermodal load units; 

the reduction of average distance between intermodal terminals (by transport mode); 

the return on investment (ROI) of economic support to intermodal transport; and 

the  cost  comparison  and  development  of  road-only  transport  and  same  distance 
intermodal transport.  

To assess the impact of the legislation, a thorough evaluation would be needed once all the 
changes  have  been  implemented.  27  months  after  the  deadline  for  the  transposition  of  the 
Directive, the Commission would conduct a first evaluation, which would be repeated every 
two years. The proposal includes specific reporting requirements for Member States related to 
the  uptake  of  combined  transport  as  well  the  evolution  of  infrastructure  and  the  support 
measures implemented. 

• 

Explanatory documents (for directives) 

Given  the  scope  of  the  proposal,  the  fact  that  it  only  amends  Directive  92/106/EC,  which 
Member  States  have  transposed  in  full,  it  does  not  seem  justified  or  proportional  to  require 
explanatory documents. 

• 

Detailed explanation of the specific provisions of the proposal 

The title of the Directive addressed ‘...combined transport of goods between Member States.’ 
The  title  is  now  adjusted  to  reflect  the  extended  scope  by  removing  the  wording  ‘between 
Member States’ to reflect the extension of the definition of ‘combined transport’, as provided 
for in modified Article 1, to national (intra-Member State) operations.  

Article 1  

Article  1  provided  the  scope  of  the  Directive  and  the  definition  of  ‘combined  transport’. 
Because of the ambiguities, the lack of clarity of such a definition and its limited scope, the 
article  is  replaced  with  an  adapted  and  clearer  definition  of  ‘combined  transport’  in  the 
Directive. The new definition, as presented in this new Article 1, is as follows:  

– 

– 

– 

– 

Extends,  in  paragraph  4,  the  scope  of  application  of  ‘combined  transport’  to  all 
operations in the Union, including national combined transport operations.  

Clarifies and further specifies, in paragraph 3, the maximum distance of the road leg 
as 150 km or 20 % of the total distance, irrespective of the non-road leg type (rail, 
inland  waterways  or  maritime),  while  ensuring  that  flexibility  is  allowed  due  to 
specific geographical or operational constraints in Member States.  

Removes,  in  paragraph  2,  the  limitation  on  the  non-road  leg  to  bring  important 
combined transport with inland waterways into the scope of the Directive. 

Further  specifies,  in  paragraph  2,  the  load  unit  types  that  are  admissible  (i.e. 
ISO/CEN standardised) in combined transport operations.  

Article 3  

Article 3 included a reference to a transport document that can be used as proof of eligibility 
(reference to Article 6 of Council Regulation No 11 of 27 June 1960), and provided additional 
specification  for  information  to  be  added,  in  particular  the  usage  of  stamps  to  confirm  or 
verify  parts  of  the  operation.  Because  these  conditions  were  deemed  unclear,  and  because 
stamps  are  no  longer  used  in  many  facilities,  the  article  is  replaced  with  a  more  precise 

EN 

12 

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specification  of  the  conditions  and  types  of  evidence  to  be  used  as  proof  of  eligibility  for 
combined transport for the purposes of road checks performed in a Member State on a road 
leg of the transport operation: 

– 

– 

– 

– 

– 

– 

Paragraph  1  defines  the  condition  for  road  transport  to  be  considered  as  part  of  a 
combined transport operation..  

Paragraph 2 lists and details the data to be provided as evidence. 

Paragraph  3  states  that  no  additional  document  shall  be  required  to  prove  the 
combined transport operation. 

Paragraph 4 provides the conditions of presentation of the evidence, including for the 
purposes of a roadside check. 

Paragraph 5 describes the acceptable format of the evidence data to be provided, in 
particular the possible usage of existing transport documents, but also the possibility 
to use electronic means with a revisable structured format. 

Paragraph  6  consists  of  a  safeguard  for  operators  if  there  is  a  discrepancy  between 
the  actual  operations  and  the  information  provided  in  the  evidence,  when 
discrepancies are due to exceptional circumstances.  

Article 5  

Article  5  included  reporting  obligations  for  the  Commission  (with  the  assistance  of  the 
Member States), but lacked any systematic obligation to collect the relevant data in support of 
such  an  obligation.  It  is  now  proposed  to  modify  the  reporting  conditions  and  obligations 
necessary to ensure the proper application of the Directive:  

– 

– 

– 

Paragraph  1  introduces  the  obligation  for  Member  States  to  report  to  the 
Commission, 18 months after the date for transposition of the Directive, data on the 
conditions  of  the  combined  transport  market  in  their  territory,  including  on  the 
relevant infrastructure and the adopted national support measures. It also provides for 
the possibility for the Commission to adopt, by means of delegated acts, measures to 
help  Member  States  in  their  obligation  by  further  detailing  the  content  of  the 
information to be reported. 

Paragraph  2  provides  that  the  Commission  assesses,  on  the  basis  of  these  national 
reports,  the  implementation  of  the  Directive,  including  its  effectiveness  and 
efficiency and may also envisage additional measures.  

Paragraph  3  stipulates  that  the  information  provision  and  reporting  by  the  Member 
States is periodical, every two years.  

Article 6   

Article  6  included  the  economic  support  conditions  applicable  to  combined  transport.  Five 
new paragraphs are added in order to extend the scope of these support measures:  

– 

Paragraph 4 introduces mandatory support measures to promote new investments by 
Member States in infrastructures and facilities for combined transport and focuses on 
the  underlying  priorities,  in  particular  the  density  of  transhipment  terminals.  It  also 
includes 
the 
Commission  to  prevent  possible  overlapping  investment  in  the  transhipment 

the  conditions  for  coordination  between  Member  States  and 

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13 

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infrastructure,  which  could  lead  to  excessive  terminal  capacity,  particularly  in  the 
TEN-T corridors.  

Paragraph 5 provides for additional support measures that Member States may adopt 
to  complement  existing  ones  in  order  to  reduce  the  cost  of  a  combined  transport 
operation  and  to  make  it  more  competitive  compared  to  the  equivalent  road-only 
operation.  Such  optional  measures  may  address  any  part  of  the  combined  transport 
operation  (any  leg,  the  vehicle  used  in  each  leg,  the  load  unit  or  the  transhipment 
operation).  

Paragraph 6 requests Member States to report to the Commission the adopted support 
measures. 

Paragraph  7  provides  for  a  regular  review  of  the  adopted  measures  to  ensure  their 
effectiveness.  

Paragraph 8 provides the general objective that support measures should address 

– 

– 

– 

– 

Articles 7 and Article 9  

Articles 7 and 9 included specific provisions addressing own-account transport and aimed at 
facilitating such transport. Articles 7 and 9 are deleted. According to the REFIT evaluation, 
the importance of own-account transport in road transport has considerably decreased from 30 
% in 1986 to 15 % in 2012, and the perceived benefit of the specific own-account articles for 
stakeholders has been limited.  

Given  the  simplification  in  the  proposed  new  definition  for  combined  transport  and  the 
clarification on the evidence for combined transport operations, it is no longer reasonable to 
make  a  distinction,  in  the  context  of  this  Directive,  between  combined  transport  for  hire  or 
reward  and  own-account  combined  transport.  Unless  otherwise  specified,  the  rights  and 
obligations of the Directive are the same for both types of transport. 

Article 9a   

This  article  is  added  to  ensure  that  transparency  is  provided  to  all  stakeholders  involved  in 
combined  transport  operations  with  regard  to  the  implementation  of  the  Directive,  and  in 
particular the support measures available and the conditions for their application.  

To  this  end,  a  network  of  competent  authorities  will  be  established  to  foster  cooperation 
among Member States by exchanging relevant information and best practices, in particular on 
support measures, and by providing a list of main contact points for stakeholders. In addition, 
paragraph  4  provides  that  the  Commission  will  be  make  available  the  list  of  competent 
authorities and relevant measures adopted by the Member States.  

Article 10a 

This article is added to provide with the procedure for the exercise of Commission delegated 
powers. 

EN 

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2017/0290 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 92/106/EEC on the establishment of common rules for certain types 
of combined transport of goods between Member States 

(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 Committee19,  
Having regard to the opinion of the Committee of the Regions20,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1)  

The negative impact of transport on air pollution, greenhouse gas emissions, accidents, 
noise and congestion continue to pose problems to the economy, health and well-being 
of  European  citizens.  Despite  the  fact  that  road  transport  is  the  main  contributor  of 
those  negative  effects,  road  freight  transport  is  estimated  to  grow  by  60  per  cent  by 
2050.  

(2)   Reducing the negative impact of transport activities remains one of the main goals of 
the    Union's  transport  policy.  Council  Directive  92/106/EEC21  which  establishes 
measures to encourage the development of combined transport, is the only legislative 
act  of  the  Union  to  directly incentivise  the  shift  from  road  freight  to  lower  emission 
transport modes such as inland waterways, maritime and rail.  

(3)  

The  goal  of  reaching  30%  of  road  freight  over  300  km  shifted  to  other  modes  of 
transport such as rail or waterborne transport by 2030, and more than 50% by 2050, in 
order to optimise the performance of multimodal logistic chains, including by making 
greater  use  of  more  energy-efficient  modes,  has  been  slower  than  expected  and 
according to the current projections, will not be reached. 

19 
20 
21 

OJ C , , p. . 
OJ C , , p. . 
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 (OJ L 368, 17.12.1992, p.38). 

EN 

15 

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(4)   Directive  92/106/EEC  has  contributed  to  the  development  of  the  Union's  policy  on 
combined transport and has helped shift a considerable amount of freight away from 
road.  Shortcomings  in  the  implementation  of  that  Directive,  notably  ambiguous 
language and outdated provisions, and the limited scope of its support measures, have 
significantly reduced its impact.  

(5)   Directive  92/106/EEC  should  be  simplified  and  its  implementation  improved  by 
reviewing the economic incentives to combined transport, with the aim of encouraging 
the  shift  of  goods  from  road  transport  to  modes  which  are  more  environmentally 
friendly, safer, more energy efficient and cause less congestion.  

(6)  

The  volume  of  national  intermodal  operations  constitutes  19,3%  of  the  total 
intermodal transport  in  the Union. Such  operations currently do not  benefit from the 
support measures provided by Directive 92/106/EEC because of the limited scope of 
the  definition  of  combined  transport.  However,  the  negative  effect  of  national  road 
transport  operations,  and  notably  greenhouse  gas  emissions  and  congestion,  have  an 
impact beyond the national borders. Therefore it is necessary to broaden the scope of 
Directive 92/106/EEC to national (intra-Member State) combined transport operations 
in order to support the further development of combined transport in the Union, hence 
an  increase  in  the  modal  shift  from  road  to  rail,  inland  waterways  and  short  sea 
shipping.  

(7)   A  combined  transport  operation  is  to  be  seen  as  one  single  transport  operation  that 
directly competes with a unimodal transport operation from the point of departure to 
the  final  destination.  Regulatory  conditions  should  ensure  equivalence  between 
international  combined  transport  and  international  unimodal  transport,  and  national 
combined transport and national unimodal transport respectively.  

(8)  

(9)  

The current definition of combined transport includes different distance limits for the 
road  legs  of  a  combined  transport  operation,  according  to  the  mode  of  the  non-road 
leg, and, for rail, the absence of a  fixed distance limit but instead takes account of  the 
notion  of  “nearest  suitable  terminal”  to  provide  some  flexibility  to  take  account  of 
specific  situations.  That  definition  has  raised  many  difficulties  in  its  implementation 
due  to  various  interpretations  and  specific  difficulties  to  establish  the  conditions  for 
implementation.  It  would  be  useful  to  lift  those  ambiguities  while  also  ensuring  that 
some measure of flexibility is retained.   

In the current definition of combined transport, the minimum distance of 100 km for 
the  non-road  leg  of  a  combined  transport  operation  ensures  that  most  combined 
transport  operations  are  covered.  Rail  and  short  sea  shipping  legs  run  over  large 
distances  to  be  competitive  with  road-only  transport.  That  minimum  distance  also 
ensures exclusion from the scope of specific operations such as short ferry crossings or 
deep  sea  transport  which  would  occur  anyway.  However,  with  such  limitations,  a 
number  of 
in  and  around 
agglomerations,  which  contribute  greatly  to  decongesting  the  road  networks  in  sea 
ports  and  in  the  immediate  hinterland  and  to  reducing  environmental  burdens  in 
agglomerations, are not considered for the purposes of combined transport operations. 
It would therefore be useful to remove that minimum distance while maintaining the 
exclusion  of  certain  operations  such  as  those  including  deep  sea  shipments  or  short-
distance ferry crossings. 

inland  waterways  operations  around  ports  and 

(10)  The minimum size limit of load units currently specified in the definition of combined 
transport could hamper the future development of innovative intermodal solutions for 
urban  transport.  On  the  contrary,  being  able  to  identify  load  units  through  existing 

EN 

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standards  could  speed  up  their  handling  in  terminals  and  facilitate  the  flow  of  the 
combined transport operations in order to ensure the easier treatment of defined load 
units and ensure that they are future-proof. 

(11)  The  outdated  usage  of  stamps  in  proving  that  a  combined  transport  operation  has 
occurred  prevent  the  effective  enforcement  or  the  verification  of  eligibility  for  the 
measures provided for in Directive 92/106/EEC. The evidence necessary to prove that 
a combined transport operation is taking place should be clarified as well as the means 
by which such evidence is provided. The use and transmission of electronic transport 
information,  which  should  simplify  the  provision  of  relevant  evidence  and  its 
treatment by the relevant authorities, should be encouraged. The format used should be 
reliable  and  authentic.  The  regulatory  framework  and  initiatives  simplifying 
administrative procedures and the digitalisation of transport aspects, should take into 
consideration developments at Union level.  

(12)  The scope of the current economic support measures defined in Directive 92/106/EEC 
is very limited, consisting of fiscal measures (namely the reimbursement or reduction 
of taxes) which concern only combined rail/road transport operations. Such measures 
should be extended to combined transport operations covering inland waterways and 
maritime transport. Other relevant types of measures, such as infrastructure investment 
support measures or different economic support measures, should also be supported.  

(13)  The  main  infrastructure  bottleneck  hampering  the  shift  from  road  freight  to  other 
modes of transport is at the transhipment terminal level. The current distribution and 
coverage  of  transhipment  terminals  in  the  Union,  at  least  along  the  existing  TEN-T 
Core  and  Comprehensive  network,  is  insufficient  yet  the  capacity  of  existing 
transhipment terminals is reaching its limit and will need to develop in order to cope 
with  overall  freight  traffic  growth.  Investing  in  transhipment  terminal  capacity  may 
reduce  overall  transhipment  costs,  and  hence  produce  a  derived  modal  shift,  as 
demonstrated  in  some  Member  States.  Member  States  should  therefore  ensure,  in 
coordination  with  the  neighbouring  Member  States  and  with  the  Commission,  that 
more  combined  transport  transhipment  terminals  and  transhipment  capacity  are 
constructed or made available to transport operators. This would incentivise the use of  
freight transport alternatives and increase modal shift, thus making combined transport 
operations  more  competitive  than  road  transport  alone.  The  increased  coverage  and 
capacity of transhipment terminals should, at the very minimum, be established along 
the existing TEN-T Core and Comprehensive networks. There should be on average at 
least one suitable transhipment terminal for combined transport located no further than 
150 km from any shipment location in the Union. 

(14)  Member States should implement additional economic support measures in addition to 
the existing ones, targeting the various legs of a combined transport operation, in order 
to reduce the road freight and  to encourage the use of other modes of transport such as 
rail,  inland  waterways  and  maritime  transport,  thereby  reducing  air  pollution, 
greenhouse gas emissions, road traffic accidents, noise and congestion. Such measures 
may include the reduction of certain taxes or transport fees, grants for intermodal load 
units  effectively  transported  in  combined  transport  operations,  or  the  partial 
reimbursement of transhipments cost. 

(15)  Support  measures  for  combined  transport  operations  should  be  implemented  in 
compliance with the State aid rules contained in the Treaty on the Functioning of the 
European Union (TFEU). 

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(16)   Support measures should be coordinated, as needed, between Member States and the 

Commission.  

(17)  Support measures should also be reviewed on a regular basis by the Members States to 

ensure their effectiveness and efficiency.  

(18)   For the purposes of this Directive, there should not be a distinction between combined 

transport for hire or reward and own-account combined transport.  

(19)  To  cope  with  the  evolution  of  Union  transport,  and  in  particular  the  combined 
transport  market,  relevant  data  and  information  should  be  gathered  by  the  Member 
States and reported to the Commission on a regular basis and the Commission should 
submit a report to the European Parliament and the Council on the application of this 
Directive every four years.  

(20)  Transparency  is  important  for  all  stakeholders  involved  in  combined  transport 
operations, notably those affected by this Directive. To support such transparency, and 
promote  further  cooperation,  competent  authorities  should  be  identified  in  each 
Member State. 

(21)  

In order to take into account market developments and technical progress the power to 
adopt  acts  in  accordance  with  Article  290  of  the  Treaty  on  the  Functioning  of  the 
European Union should be delegated to the Commission in respect of supplementing 
this    Directive  with  further  details  on  the  information  on  combined  transport 
operations to be reported by the Member States. It is of particular importance that the 
Commission carry out appropriate consultations during its preparatory work, including 
at  expert  level,  and  that  those  consultations  be  conducted  in  accordance  with  the 
principles  laid  down  in  the  Interinstitutional  Agreement  of  13  April  2016  on  Better 
Law-Making22.  In  particular,  to  ensure  equal  participation  in  the  preparation  of 
delegated acts, the European Parliament and the Council should receive all documents 
at  the  same  time  as  Member  States'  experts,  and  their  experts  should  systematically 
have access to meetings of Commission expert groups dealing with the preparation of 
delegated acts. 

(22)  Since the objectives of this Directive to further promote the shift from road transport 
to  more  environmentally  friendly  modes  of  transport,  and  hence  reduce  the  negative 
externalities  of  the  Union  transport  system,  cannot  be  sufficiently  achieved  by  the 
Member States but can rather, by reason of the primarily cross-border nature of freight 
combined transport and interlinked infrastructure, and of the problems this Directive is 
intended to address, be better achieved at Union level, the Union may adopt measures, 
in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on 
European Union. In accordance with the principle of proportionality as set out in that 
Article, this Directive does not go beyond what is necessary in order to achieve those 
objectives 

(23)  Directive 92/106/EC should therefore be amended accordingly, 

22 

OJ L 123, 12.5.2016, p. 1. 

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HAVE ADOPTED THIS DIRECTIVE: 

Directive 92/106/EEC is amended as follows: 

(1) 

the title is replaced by the following: 

Article 1 

“Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules 
for certain types of combined transport of goods”; 

(2) 

Article 1 is replaced by the following: 

“Article 1 

1. 

This Directive applies to combined transport operations. 

2. 

For the purposes of this Directive, ‘combined transport’ means carriage of goods by a 
transport operation, consisting of an initial or final road leg of the journey, or both, as 
well  as  a  non-road  leg  of  the  journey  using  rail,  inland  waterway  or  maritime 
transport: 

(a) in a trailer or semi-trailer, with or without a tractor unit, swap body or container, 
identified  in  accordance  with  the  identification  regime  established  pursuant  to 
international  standards  ISO6346  and  EN13044,  where  the  load  unit  is  transhipped 
between the different modes of transport; or 

(b) by a road vehicle that is carried by rail, inland waterways or maritime transport for 

the non-road leg of the journey.  

Non-road  legs  using  inland  waterway  or  maritime  transport  for  which  there  is  no 
equivalent  road  transport  alternative  or  which  are  unavoidable  in  a  commercially 
viable transport operation, shall not be taken into consideration for the purposes of the 
combined transport operations. 

3. 

Each road leg referred to in paragraph 2 shall not exceed the longest of the following 
distances in the territory of the Union:  

(a) 

(b) 

150 km in distance as the crow flies;  

20% of the distance as the crow flies between the loading point for the initial 
leg and the unloading point for the final leg, when it amounts to more than the 
distance referred to in point (a).  

That road leg distance limit  shall  apply to the total length of each road leg, including 
all  intermediary  pick-ups  and  deliveries.  It    shall    not  apply  to  the  transport  of  an 
empty load unit or to the pick-up point of the goods or from the delivery point of the 
goods.  

The  road  leg  distance  limit  may  be  exceeded  for  combined  road/rail  transport 
operations, when authorised by the Member State or Member States on whose territory 
the road leg takes place, in order to reach the geographically nearest transport terminal 
which has the necessary operational transhipment capability for loading or unloading 

EN 

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in  terms  of  transhipment  equipment,  terminal  capacity  and  appropriate  rail  freight 
services.  

4. 

A combined transport operation shall be deemed to take place in the Union where the 
operation  or  the  part  thereof  taking  place  in  the  Union  fulfils  the  requirements  laid 
down in paragraphs 2 and 3." 

(3) 

Article 3 is replaced by the following: 

“Article 3 

1.   Member  States  shall  ensure  that  road  transport  is  considered  forming  part  of  a 
combined  transport  operation    covered    by  this  Directive  only  if  the  carrier  can 
produce clear evidence that such road transport constitutes a road leg of a combined 
transport  operation,  including  the  transport  of  empty  load  units  before  and  after  the 
transport of goods.  

2. 

The evidence referred to in  paragraph 1 shall comprise the following details for each 
combined transport operation: 

(a) 

the name, address, contact details and signature of the shipper;[.] 

(b)  

the place and date where the combined transport operation begins in the Union; 

(c) 

(d) 

(e) 

(f)  

the name, address and contact details of the consignee; 

the place where the combined transport operation ends in the  Union; 

the distance as the crow flies between the place where the combined transport 
operation begins  and the place where the combined transport operations ends 
in the Union; 

a  description,  signed  by  the  shipper,  of  the  combined  transport  operation 
routing including at least the following details for each leg, including for each 
mode of transport which constitutes the non-road leg, of the operation within 
the Union:  

– 

– 

– 

(i) leg order (i.e. first leg, non-road leg or final leg); 

(ii) name, address and contact details of the carrier;  

(iii) mode of transport and its order in the operation;  

(g) 

identification of the intermodal load unit transported; 

(h)  

for the initial road transport leg: 

– 

– 

– 

(i) the place of transhipment to the non-road leg;  

(ii) the distance of the initial road transport leg as the crow flies between 
the place of shipment and the first transhipment terminal; 

(iii)  if  the  initial  road  leg  is  completed,  a  signature  of  the  carrier 
confirming  that  the  transport  operation  of  the  road  leg  has  been  carried 
out;  

(i)  

for the final road transport leg: 

EN 

20 

  EN 

 
 
 
 
– 

– 

(i)  the  place    where  the  goods  are  taken  [over]  from  the  non-road  leg 
(rail, inland waterways or maritime transport);   

(ii) the distance of the final road transport leg  as the crow flies between 
the  place  of  transhipment  and  the  place  where  the  combined  transport 
operation ends in the Union);  

(j)  

for the non-road leg:  

– 

– 

(i) if the non-road leg is completed, a signature of the carrier (or carriers 
in  the  case  of  two  or  more  non-road  operations  on  the  non-road  leg) 
confirming  that  the  transport  operation  on  the  non-road  leg  has  been 
carried out; 

(ii)  when  available,  a  signature  or  seal  of  the  relevant  rail  or  port 
authorities  in  the  relevant  terminals  (railway  station  or  port)  concerned 
along the non-road leg operation confirming that the relevant part of the 
non-road leg has been completed.  

3. 

4. 

5. 

6. 

No additional document shall be required in order to prove that the carrier is carrying 
out a combined transport operation. 

The  evidence  referred  to  in    paragraph  1  shall  be  presented  or  transmitted  upon  the 
request  of  the  authorised  inspecting  officer  of  the  Member  State  where  the  check  is 
carried  out.  In  case  of  road  side  checks,  it  shall  be  presented  within  the  duration  of 
such  check.  It  shall  be  in  an  official  language  of  that  Member  State  or  in  English. 
During  a  roadside  check,  the  driver  shall    be  allowed  to  contact  the  head  office,  the 
transport manager or any other person or entity which may support him in providing 
the evidence referred to paragraph 2. 

The  evidence  may  be  provided  through  a  transport  document  fulfilling  the 
requirements  laid  down  in  Article  6  of  Council  Regulation  No  11,  or  through  other 
existing  transport  documents  such  as  the  Convention  on  the  Contract  for  the 
International Carriage of Goods by Road (CMR) transport document or  the Uniform 
Rules  Concerning  the  Contract  of  International  Carriage  of  Goods  by  Rail  (CIM) 
transport document.  

Such  evidence  may  be  presented  or  transmitted  electronically,  using  a  revisable 
structured format which can be used directly for storage and processing by computers, 
including supplementing the electronic consignment note under the Convention on the 
Contract for the International Carriage of Goods by Road (eCMR) for the road part 

For the purposes of road side checks, a discrepancy of the transport operation with the 
provided evidence, notably as regards the routing information in point (g) of paragraph 
2  shall be permitted, if duly justified, in case of exceptional circumstances outside the 
control of the carrier(s) causing changes in the combined transport operation. To that 
end, the driver shall  be allowed to contact the head office, the transport manager or 
any  other  person  or  entity  which  may  provide  additional  justification  on  this 
discrepancy between provided evidence and actual operation.  

_________________ 

EN 

21 

  EN 

 
 
 
* Regulation No 11 concerning the abolition of discrimination in  transport rates and 
conditions, in implementation of Article 79 (3) of the Treaty establishing the European 
Economic Community (OJ 52, 16.8.1960, p. 1121)."; 

(4) 

Article 5 is replaced by the following: 

“Article 5 

1. 

Member States shall submit to the Commission in the first instance by [xx/xx/xxxx - 18 
months  after  transposition  of  the  Directive]  and  every  two  years  thereafter  a  report 
providing  the  following  information  related  to  the  combined  transport  operations 
covered by this Directive on their territory:  

(a) national and cross-border transport network links used in combined transport operations; 

(b)  the  volume  in  twenty-foot  equivalent  unit  (TEU)  and  in  tonne  kilometres  of  combined 
transport  operations  by  type  of  operation  (rail,  road/inland  waterways,  etc...)  and  by 
geographic coverage (national and intra-Union); 

(c) the number and geographic coverage of terminals servicing combined transport operations 
and the yearly number of transhipments on those terminals; 

(d)  an  overview  of  all  national  support  measures  used  and  envisaged,  including  their 
respective uptake and assessed impact. 

2. 

3. 

The Commission is empowered to adopt delegated acts in accordance with Article 10a  
supplementing this Directive by describing the content and details of the information 
on combined transport operations referred to in paragraph 1.   

On the basis of an analysis of the national reports, in the first instance by [xx/xx/xxx - 
9 months after the MS report submission deadline] and every two years thereafter the 
Commission shall draw up and submit a report  to the European Parliament and to the 
Council on: 

(a) the economic development of combined transport, notably in light of the evolution of the 
environmental performance of different modes of transport;  

(b) the effects of the implementation of the Directive and related legislative acts of the Union 
in this area, 

(c) the effectiveness and efficiency of the support measures provided for in Article 6,  

(d) possible further measures, including a revision of the definition of combined transport as 
defined in Article 1 and an adaptation of the list of measures  provided for in Article 6." 

(5) 

In Article 6  the following  paragraphs 4, 5, 6, 7 and 8 are added : 

"4.  Where necessary for the achievement of the aim referred to in paragraph  8, Member 
States  shall  take  the  necessary  measures  to  support  investment  in  transhipment 
terminals as regards : 

(a)  the construction and, where  necessary, the expansion of such  transhipment terminals for 
combined transport; 

(b) the increase of operational efficiency in existing terminals.  

Member  States  shall  coordinate  with  neighbouring  Member  States  and  with  the 
Commission and ensure that, when such measures are implemented, priority is given 

EN 

22 

  EN 

 
 
 
to ensuring a balanced and sufficient geographical distribution of suitable facilities in 
the  Union,  and  notably  on  the  TEN-T  Core  and  Comprehensive  networks,  allowing 
that any location in the Union is not situated at a distance farther than 150 km from 
such terminal.  

Member States shall ensure that the supported transhipment facilities are accessible to 
all operators without discrimination. 

Member States may establish additional conditions for the eligibility for the support.  

Member  States  may  take  additional  measures,  to  improve  the  competitiveness  of 
combined  transport  operations  as  compared  to  equivalent  alternative  road  transport 
operations.  

Such measures may address any or part of a combined transport operation, such as the 
operation of a road or non-road leg including the vehicle used on such a leg, or such as 
the load unit or the transhipment operations. 

Member States shall report to the Commission on the measures taken pursuant to this 
Article  and their specifications. 

Member States shall assess the impact of such support measures, and re-evaluate their 
needs at least every four years and where necessary adapt the measures."; 

5. 

6. 

7. 

8.   Member States  shall ensure that support measures  for combined transport operations 
aim  at  reducing  the  road  freight  and    encourage  the  use  of  other  modes  of  transport 
such as rail, inland waterways and maritime transport, thereby reducing air pollution, 
greenhouse gas emissions, road traffic accidents, noise and congestion.";  

(6) 

Articles 7 and 9 are deleted. 

(7) 

The following article is inserted: 

“Article 9a 

1. 

2. 

Member  States  shall  designate  one  or  more  competent  authority  to  ensure  the 
implementation  of  this  Directive  and  to  act  as  the  main  point  of  contact  for  its 
implementation. 

Member  States  shall  notify  the  other  Member  States  and  the  Commission  of  the 
competent authorities referred to in the first subparagraph. 

Member  States  shall  ensure  that  national  competent  authorities  cooperate  with  the 
competent  authorities  from  other  member  States.  For  such  purpose,  Member  States 
shall  ensure  that  competent  authorities  provide  each  other  with  the  information 
necessary  for  the  application  of  the  present  Directive.  In  respect  of  the  information 
exchanged, the receiving authority shall ensure the same level of confidentiality as the 
originating authority. 

3.   Member  States  shall  publish  in  an  easily  accessible  manner  and  free  of  charge  the 
relevant  information  concerning  the  measures  adopted  pursuant  Article  6,  as  well  as 
other relevant information for the purposes of the application of the present Directive. 

4. 

The  Commission  shall  publish  and  update,  where  necessary,  the  list  of  competent 
authorities referred to in paragraph 1, as  well as a list  of the measures referred to in 
Article 6."; 

EN 

23 

  EN 

 
 
 
(8)  

The following article is inserted: 

“Article 10a 

1. 

2.  

3. 

4. 

5. 

6. 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article. 

The power to adopt delegated acts referred to in Article 5(2) shall be conferred on the 
Commission for an indeterminate period of time from [date of entry into force of this 
(amending) Directive] 

The delegation of power referred to in Article 5(2) may be revoked at any time by the 
European Parliament or by the Council. A decision to revoke shall put an end to the 
delegation of the power specified in that decision. It shall take effect the day following 
the publication of the decision in the  Official Journal of the European Union or at a 
later date specified therein. It shall not affect the validity of any delegated acts already 
in force 

Before adopting a delegated act, the Commission shall consult experts designated by 
each  Member  State  in  line  with  the  principles  laid  down  in  the  Interinstitutional 
Agreement of 13 April 2016 on Better Law-Making.* 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council. 

A  delegated  act  adopted  pursuant  to  Article  5(2)  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  by  the  Council 
within  two  months  of  notification  of  that  act  to  the  European  Parliament  and  the 
Council  or  if,  before  the  expiry  of  that  period,  the  European  Parliament  and  the 
Council  have  both  informed  the  Commission  that  they  will  not  object.  That  period 
shall be extended by two months at the initiative of the European Parliament or of the 
Council. 

___________________  

* OJ L 123, 12.5.2016, p. 1.; " 

Article 2  

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  XXXXXX  [one  year  after 
adoption of the Directive.] at the latest. They shall immediately communicate the text 
of those measures to the Commission. 

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.  They  shall  also  include  a  statement  that  references  in  existing  laws, 
regulations and administrative provisions to the Directive repealed by this Directive 
shall be construed as references to this Directive. Member States shall determine how 
such reference is to be made and how that statement is to be formulated. 

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. 

EN 

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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 

EN 

25 

  EN