P8_TA(2019)0308 Common rules for certain types of combined transport of goods between Member States ***I European Parliament legislative resolution of 27 March 2019 on the 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 (COM(2017)0648 — C8-0391/2017 — 2017/0290(COD)) P8_TC1-COD(2017)0290 Position of the European Parliament adopted at first reading on 27 March 2019 with a view to the adoption of Directive (EU) …/… 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)
Date: 2019-03-27
Institutions: Committee on Transport and Tourism, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: air quality, carriage of goods, clean technology, combined transport, greenhouse gas, motor vehicle pollution, pollution control measures, reduction of gas emissions




C_2021108EN.01060801.xml










26.3.2021   


EN


Official Journal of the European Union


C 108/608






P8_TA(2019)0308
Common rules for certain types of combined transport of goods between Member States ***I
European Parliament legislative resolution of 27 March 2019 on the 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 (COM(2017)0648 — C8-0391/2017 — 2017/0290(COD))
(Ordinary legislative procedure: first reading)
(2021/C 108/45)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2017)0648),










—


having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0391/2017),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Riksdag, asserting that the draft legislative act does not comply with the principle of subsidiarity,










—


having regard to the opinion of the European Economic and Social Committee of 19 April 2018 (1),










—


having regard to the opinion of the Committee of the Regions of 5 July 2018 (2),










—


having regard to Rule 59 of its Rules of Procedure,










—


having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0259/2018),












1.


Adopts its position at first reading hereinafter set out;












2.


Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;












3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 262, 25.7.2018, p. 52.

(2)  Not yet published in the Official Journal.




P8_TC1-COD(2017)0290
Position of the European Parliament adopted at first reading on 27 March 2019 with a view to the adoption of Directive (EU) …/… 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 Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:






(1)




The overall aim of this Directive is to establish a resource-efficient multimodal transport network and to reduce
 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. [Am. 1]











(2)


Reducing the negative impact of transport activities remains one of the main goals of the Union's transport policy. Council Directive 92/106/EEC (4) 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. 
In order to further reduce the negative effects of road freight, research into, and the sharing of, best practices between Member States on solutions leading to better routing, network optimisation, increases in load efficiency and the possibilities for the charging of external costs should be encouraged. [Am. 2]











(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

is to be achieved via efficiency gains and infrastructure improvements within the rail and waterborne sector
. [Am. 3]











(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, 
as well as the bureaucratic and protectionist obstacles within the rail sector,
 have significantly reduced its impact. [Am. 4]













(4a)






This Directive should pave the way for efficient intermodal and multimodal freight services, offering a level playing field for different modes of transport. [Am. 5]











(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

improving the competitiveness of rail and waterborne transport in comparison to
 road transport to modes which are more environmentally friendly, safer, more energy efficient and cause less congestion. [Am. 6]











(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. 
The derogation from the cabotage rules continues, however, to apply only to international combined transport operations between Member States. The Member States will be required to carry out effective checks to ensure that those rules are observed and to promote the harmonisation of working and social conditions across the various modes of transport and the different Member States. [Am. 7]











(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.












(7a)






In order to ensure the good functioning of the internal market, the road legs of a combined transport operation should be covered by Regulations (EC) No 1071/2009
 (5)

and (EC) No 1072/2009
 (6)

of the European Parliament and of the Council if they are part of an international transport operation or of a domestic transport operation respectively. It is also necessary to ensure the social protection of drivers performing activities in another Member State. Provisions on posting of drivers, provided for under Directive 96/71/EC of the European Parliament and of the Council
 (7)

, and on the enforcement of those provisions under Directive 2014/67/EU of the European Parliament and of the Council
 (8)

, should apply to hauliers operating on the road legs of combined transport operations. Road legs should be considered to be an integral part of a single combined transport operation. In particular, the rules on international transport operations provided for by those Directives should apply to the road legs which are part of an international combined transport operation. In addition, in the event of cabotage operations, the rules on cabotage transport laid down in Regulation 1072/2009 should apply to the road legs which are part of a domestic combined transport operation. [Am. 8]











(8)


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.










(9)


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 inland waterways operations around ports and 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.












(9a)






It is necessary to clarify that cranable trailers and semi-trailers are allowed to have a gross weight of 44 tonnes if the loading units are identified according to international standards ISO6346 and EN13044. [Am. 9]











(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 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 
with a view to phasing out the use of paper documents in the future
. 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. [Am. 10]













(11a)






With a view to making combined transport competitive and attractive to operators, in particular for very small enterprises (VSEs) and small and medium-sized enterprises (SMEs), the potential administrative burden entailed in carrying out a combined transport operation as opposed to a unimodal operation should be minimised. [Am. 11]











(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 
and digital-technology
 investment support measures or different economic support measures, should also be supported. 
With regard to digital technologies, a transitional period for the dematerialisation of documents that certify that combined transport has occurred should be provided for. During that period, the inspecting authorities’ instruments should be technologically upgraded. Member States should prioritise investment in transhipment terminals in order to reduce congestion on the roads, to alleviate the isolation of industrial areas which lack such infrastructure and to improve the accessibility and physical and digital connectivity of freight handling facilities. [Am. 12]











(13)


The main infrastructure bottleneck hampering the shift from road freight to other modes of transport is at the transhipment terminal level
, and it is aggravated by a lack of coherent implementation of the TEN-T’s network
. 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 
existing transhipment terminals are, where necessary, extended and that
 more combined transport transhipment terminals and transhipment capacity are constructed or made available to transport operators 
or that transhipment points are installed in areas where they are needed
. 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. 
Combined transport should benefit from revenues generated from the levy of external-costs charges provided for under Article 2 of Directive 1999/62/EC of the European Parliament and of the Council
 (9)
. [Am. 13]













(13a)






Member States should prioritise investment in transhipment terminals to reduce bottlenecks and congestion areas, in particular near urban and sub-urban areas, in order to make it easier to cross natural barriers such as mountain areas, to improve cross-border connections, to reduce harmful airborne emissions and to improve access to and from industrial areas which lack such infrastructure. [Am. 14]











(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
, as well as encouraging action to boost and implement the digitalisation of the sector and the internal market
. 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
, among other measures
. 
Such measures could include fostering the integration of connected systems and the automation of operations as well as investment in digital logistics, innovative freight handling systems information and communications technologies and intelligent transport systems, in order to facilitate information flows. Such measures could also include boosting the environmental performance, efficiency and sustainability of combined transport by encouraging the use of clean or low-emission vehicles and alternative fuels, supporting energy efficiency efforts and the use of renewables throughout the combined transport chain and reducing the various types of nuisance associated with transport, including noise
. [Am.15]













(14a)






The various Union funds and programmes for financing research should continue to support the Member States in achieving the aims of this Directive. [Am. 16]













(14b)






Investment in logistics is another important lever for making combined transport more competitive. More systematic recourse to digital solutions, including information and communication technologies and smart connected systems, would facilitate data exchange, help to make transhipment operations more efficient and less costly and reduce the time they take. [Am. 17]













(14c)






Investment in workforce training in the logistics chain, particularly at transhipment terminals, would also help to make combined transport more competitive. [Am. 18]











(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). 
State aid facilitates the development of economic activities when it does not affect trading conditions to an extent contrary to the common interest within the meaning of Article 107(3)(c) TFEU, and it is a useful tool to promote the execution of important projects of common European interest within the meaning of Article 107(3)(b) TFEU. Therefore, in such cases, the Commission should consider partially exempting Member States from the requirement to inform the Commission provided for in Article 108(3) TFEU. [Am. 19]











(16)



Support

To ensure the avoidance of possible overlapping investments between Member States in close proximity, support
 measures should be coordinated, as needed, between Member States and the Commission 
by means of close cooperation between the Member Sates’ competent authorities
. [Am. 20]











(17)


Support measures should also be reviewed on a regular basis by the Members States to ensure their effectiveness and efficiency
, and their overall impact on the European transport sector, as reflected in the European Strategy for Low Emission Mobility should be assessed. Corrective measures should be taken as needed. The Commission should carry out, on the basis of information supplied by the Member States, an assessment of the various measures that the Member States undertake and the effectiveness of those measures, and should promote the sharing of good practice
. [Am. 21]











(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.












(18a)






The lack of comparable, reliable statistics is currently impeding the evaluation of combined transport in the Union and the adoption of measures to release its potential. [Am. 22]











(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 
and the Member States’ competent authorities
 on the application of this Directive every four years. [Am. 23]













(19a)






The Commission should be responsible for the proper implementation of this Directive and for achieving the objective of developing combined transport Union-wide by 2030 and 2050. To that end, it should regularly assess progress in increasing the share of combined transport in each Member State, on the basis of the information provided by the Member States, and should, if necessary, submit a proposal to amend to this Directive with a view to achieving that Union-wide objective. [Am. 24]











(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 TFEU 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-Making (10). 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

namely to make combined transport competitive towards
 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. [Am. 25]











(23)


Directive 92/106/EC should therefore be amended accordingly,




HAVE ADOPTED THIS DIRECTIVE:

Article 1
Directive 92/106/EEC is amended as follows:






(1)


the title is replaced by the following:
‘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, 
including cranable semi-trailers with a maximum gross weight allowance of 44 tonnes,
 where the 
unaccompanied intermodal
 load unit is transhipped between the different modes of transport 
(unaccompanied combined transport operation)
; or [Am. 26]











(b)


by a road vehicle that is 
accompanied by its driver and
 carried by rail, inland waterways or maritime transport for the non-road leg of the journey 
(accompanied transport operation)
. [Am. 27]







By way of derogation, point (a) of this paragraph shall until [five years after entry into force of this Directive] also cover non-cranable trailers and semi-trailers in unaccompanied combined transport that are not identified in accordance with the identification regime established pursuant to international standards ISO6346 and EN13044. [Am. 28]

Non-road legs using inland waterway or maritime transport for which there is no equivalent 
or commercially viable
 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. [Am. 29]



3.   Each road leg referred to in paragraph 2 shall not exceed the longest of the following distances

150 km in distance
 in the territory of the Union: .







(a)




150 km in distance as the crow flies;












(b)




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).
[Am. 30]





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.


Exceeding
 the road leg distance limit may be exceeded

specified in this paragraph
 for combined road/rail transport operations, when authorised

shall be allowed
 by the Member State or Member States on whose territory the road leg takes place, 
if this is necessary
 in order to reach the geographically nearest transport terminal 
or transhipment point
 which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment, terminal capacity, 
terminal opening times
 and appropriate rail freight services
, in the absence of a transhipment terminal or point fulfilling all of these conditions within the distance limit . Such excess should be duly justified in accordance with Article 3 paragraph 2, point (ea). Member States may reduce the 150 km length of the road leg by up to 50 % in the case of combined road/rail operations on a precisely defined part of their territory on the grounds of environmental reasons provided that a suitable terminal is located within that distance limit
. [Am. 31]



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. 
For the purpose of this Directive, the road leg and/or non-road leg or the part thereof taking place out of the territory of the Union shall not be considered to be part of the combined transport operation.
’[Am. 32]













(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 
information providing
 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

and if that information is duly transmitted to the haulier carrying the transport operation before the start of the operation
. [Am. 33]



2.   The

In order to be considered to be clear
 evidence
, the information
 referred to in paragraph 1 
shall be presented or transmitted in the format referred to in paragraph 5 and
 shall comprise the following details for each combined transport operation: [Am. 34]







(a)


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












(aa)






if different from the shipper, the name, address, contact details and signature of the operator responsible for the routing of the combined transport operation; [Am. 35]











(b)


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










(c)


the name, address and contact details of the consignee;










(d)


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










(e)


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;












(ea)






if that distance exceeds the limits referred to in Article 1(3), a justification in accordance with the criteria provided for in the last subparagraph thereof; [Am. 36]











(f)


a description, signed by the shipper, of the combined transport operation routing
, signed by the responsible operator for the planning, where the signature can mean an electronic signature,
 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: [Am. 37]







(i)


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










(ii)


name, address and contact details of the carrier
(s)
; [Am. 38]











(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;
[Am. 39]











(ii)


the distance of the initial road transport leg as the crow flies between the place of shipment and the first 
transport terminal or
 transhipment terminal 
point
; [Am. 40]











(iii)


if the initial road leg is completed, a signature of the carrier

haulier
 confirming that the transport operation of the road leg has been carried out; [Am. 41]















(i)


for the final road transport leg:






(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); [Am. 42]















(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

authority or the responsible body
 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. [Am. 43]

















(ja)






when the road leg distance limits are exceeded in accordance with the third subparagraph of Article 1(3) the reasons justifying this. [Am. 44]







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


4.   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 
and in the format referred to in paragraph 5
. In case of road side checks, it shall be presented within the duration of such check
, and within a maximum of 45 minutes
. 
If it cannot be made available at the time of the road check, the signatures referred to in point (h)(iii) and point (j) of paragraph 2 shall be presented or transmitted within 5 working days following the check to the competent authority of the Member State concerned. The evidence

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

information
 referred to 
in
 paragraph 2. [Am. 45]



5.   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

consignment notes provided for under existing international or national transport conventions, until a standardised form is laid down by the Commission by way of implementing acts
. [Am. 46]

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

existing international or national transport convention. Member States authorities shall be required to accept electronic information related to the evidence. When exchanges of information between authorities and operators are made by electronic tools, such exchanges and the storage of such information, shall be made using electronic data-processing techniques. [Am. 47]



Member States shall move towards a gradual dematerialisation of documentation, and shall provide for a transitional period until the use of the paper format has been fully abandoned. [Am. 48]



6.   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)

points (f), (h) and (i)
 of paragraph 2 shall be permitted, if duly justified, in case of exceptional circumstances outside the control of the carrier

haulier
(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.’; [Am. 49]













(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

12
 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: [Am. 50]







(a)


national and cross-border transport network links

corridors
 used in combined transport operations; [Am. 51]











(b)


the 
total and yearly
 volume in twenty-foot equivalent unit (TEU) and in tonne kilometres of combined transport operations by type of operation (
road leg/non-road leg, namely by
 rail, road/inland

inland
 waterways, etc…

and maritime routes
) and by geographic coverage (national and intra-Union); [Am. 52]











(c)




the number of transhipments realised through bimodal technologies and geographic coverage of these transhipment points, as well as
 the number and geographic coverage of terminals servicing combined transport operations 
with a breakdown by type of operations per terminal (road leg/non-road leg, namely by rail, inland waterways, maritime routes)
 and the yearly number of transhipments on those

and an assessment of the capacity used in
 terminals; [Am. 53]













(ca)






changes in the share of combined transport and the various modes of transport on the territory; [Am. 54]











(d)


an overview of all national support measures used and envisaged, including their respective uptake and assessed impact 
on the use of combined transport and their effect as regards social and environmental sustainability, bottlenecks, congestion, safety and efficiency
; [Am. 55]













(da)






the number and the geographical location of the operations exceeding the road leg distance limit referred to in Article 1(3); [Am. 56]













(db)






the origins and destinations, at NUTS 3 level, of freight flows on roads of the Trans-European Transport Network (TEN-T) defined in Regulation (EU) No 1315/2013 of the European Parliament and of the Council

 (*1)

. [Am. 57]









1a.
   
The Commission shall publish the data transmitted by Member States in a form that makes comparisons between Member States possible. [Am. 58]



2.   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.


3.   On the basis of an analysis of the national reports, 
and statistical data drawn up on the basis of indications and methodologies that are common to the entire Union,
 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 
and the Member States’ competent authorities
 on: [Am. 59]







(a)


the economic development of combined transport 
at Member State and Union-wide level
, notably in light of the evolution of the environmental performance of different modes of transport; [Am. 60]











(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, 
specifying the measures that it deems to be most effective to serve the original purpose of this Directive and best practices in the Member States; [Am. 61]













(ca)






changes in the share of combined transport in each Member State and at Union level, with a view to achieving the Union’s transport objectives by 2030 and 2050; [Am. 62]











(d)


possible further measures, including a revision of the definition of combined transport as defined in Article 1
, improvements to data collection and publication of such data at Union level,
 and an adaptation of the list of measures provided for in Article 6
, including possible amendments to State aid rules
.;[Am. 63]








(*1)  
Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).’;
"
                        












(4a)






In Article 6(1), the first subparagraph is replaced by the following:



‘1.   Member States shall take the measures necessary to ensure that the taxes listed in paragraph 3 which are applicable to road vehicles (lorries, tractors, trailers, semi-trailers, 
inland waterways containers
 or 
multi-modal loading units
) when routed in combined transport are reduced or reimbursed either by a standard amount, or in proportion to the journeys that such vehicles undertake by rail 
or inland waterway transport
, within limits and in accordance with conditions and rules they fix after consultation with the Commission.’[Am. 64]














(4b)






In Article 6(1), the second subparagraph is replaced by the following:


‘The reductions of reimbursements referred to in the first paragraph shall be granted by the State in which the vehicles are registered, on the basis of the rail 
or inland waterway
 journeys effected within that State.’[Am. 65]













(4c)






In Article 6(1), the third subparagraph is replaced by the following:


‘Member States may, however, grant these reductions or reimbursements on the basis of the rail journeys 
or inland waterway
 which take place partially or wholly outside the Member State in which the vehicles are registered.’[Am. 66]











(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 
transport terminals and
 transhipment terminals

points
 as regards [Am. 67]:






(a)


the construction and, where necessary, the expansion of such transhipment terminals

in areas where no suitable facilities are available within the distance limit referred to in Article 1 (3), of transport terminals or the installation of transhipment points
 for combined transport 
unless there is no need of such facilities due to a lack of economic relevance or for reasons related to the geographic or natural features of a given area
; [Am. 68]













(aa)






the expansion, in areas where additional terminal capacity is needed, of existing terminals or the installation of additional transhipment points and, following an assessment of the economic impacts showing that the market would not be negatively affected and that new terminals are necessary, and provided that environmental concerns have been taken into account, the construction of new terminals for combined transport; [Am. 69]











(b)


the increase of operational efficiency in existing terminals
, including by ensuring access to those terminals
. [Am. 70]


Support measures to combined transport shall be deemed to be compatible with the internal market within the meaning of Article 107(3) TFEU and shall be exempted from the notification requirement of Article 108(3) TFEU, provided that they would not represent more than 35 % of the entire operation costs. [Am. 71]
Member States shall coordinate with neighbouring Member States and with the Commission and ensure that, when such measures are implemented, priority is given 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

the limit referred to in point (a) of Article 1(3)
 from such terminal. 
When taking the measures referred to in this paragraph, Member States shall take due account of the need to:










(a)






reduce congestion, in particular near urban and sub-urban areas or in areas with natural constraints;














(b)






improve cross-border connections;














(c)






alleviate the isolation of areas lacking infrastructure while taking into account the specific needs and constraints of peripheral and outermost regions;














(d)






improve accessibility and connectivity in particular as regards the access infrastructure to transhipment terminals; and














(e)






accelerate the shift to digitalisation; and














(f)






reduce the impact of freight on the environment and on public health, by promoting, for instance, vehicle efficiency, the use of alternative and less pollutant fuels, the use of renewable energies, including in terminals, or by the more efficient use of transport networks via the implementation of information and communication technologies. [Am. 72]









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. 
They shall make those conditions known to interested parties. [Am. 73]



5.   
By 31 December 2021,
 Member States may

shall
 take additional measures 
of an economic and legislative nature
, to improve the competitiveness of combined transport operations as compared to equivalent alternative road transport operations
, in particular with a view to reducing the time and costs involved in transhipment operations
. [Am. 74]

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.


With a view to reducing the time and costs involved in combined transport operations, the measures referred to in the first subparagraph shall include at least one or more of the following incentives:










(a)






exempting hauliers from external-cost charges and/or congestion charges referred to in Article 2 of Directive 1999/62/EC, favouring in particular vehicles powered by alternative fuels as referred to in Article 2 of Directive 2014/94/EU of the European Parliament and of the Council

 (*2)

;














(b)






reimbursing undertakings performing operations as part of a combined transport the charges for the use of certain infrastructure;














(c)






exempting hauliers from the limitations imposed under national traffic bans. [Am. 75]







When taking additional measures, Member States shall also take due account of the need to accelerate the shift towards the digitalisation of the combined transport sector and shall in particular:










(a)






foster the integration of connected systems and the automation of operations;














(b)






improve the investments in digital logistics, information and communication technologies and intelligent transport systems; and














(c)






phase out the use of paper documents in the future. [Am. 76]









5a.
   
Such additional measures shall contain incentives favouring the use of non-road transport legs. Member states shall include measures for strengthening the competitiveness of waterborne transport, such as financial incentives for using short sea shipping routes or inland waterways or for the creation of new short sea links. [Am. 77]



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


7.   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.;


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 
or low-emission vehicles, or the use of lower-emission alternative fuels such as biofuels, electricity from renewable sources, natural gas or hydrogen fuel cells
, thereby reducing air pollution, greenhouse gas emissions, road traffic accidents, noise and congestion. [Am. 78]



(*2)  
Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).’;
"
                        










(6)


Articles 7 and 9 are deleted.










(7)


The following article is inserted:

‘Article 9a

1.   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.


2.   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 
on the internet
 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. [Am. 79]



4.   The Commission shall publish 
on the internet
 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.’; [Am. 80]













(8)


The following article is inserted:

‘Article 10a

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


2.   The power to adopt delegated acts referred to in Article 5(2) shall be conferred on the Commission for an indeterminate

a
 period of time

five years
 from [date of entry into force of this (amending) Directive]
. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 81]



3.   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.


4.   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 (*3).


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


6.   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.



(*3)  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.



Article 3
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.


Article 4
This Directive is addressed to the Member States.


Done at …,


For the European Parliament


The President




For the Council


The President





(1)  OJ C 262, 25.7.2018, p. 52.

(2)  Not yet published in the Official Journal.

(3)  Position of the European Parliament of 27 March 2019.

(4)  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).

(5)  
Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).



(6)  
Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72).



(7)  
Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, (OJ L 18, 21.1.1997, p. 1).



(8)  
Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’), (OJ L 159, 28.5.2014, p. 11).



(9)  
Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (OJ L 187, 20.07.1999, p. 42).



(10)  OJ L 123, 12.5.2016, p. 1.