Procedure : 2007/0099(COD)
Document stages in plenary
Document selected : A6-0211/2009

Texts tabled :

A6-0211/2009

Debates :

PV 22/04/2009 - 12
CRE 22/04/2009 - 12

Votes :

PV 23/04/2009 - 8.3
CRE 23/04/2009 - 8.3
Explanations of votes
Explanations of votes

Texts adopted :

P6_TA(2009)0277

RECOMMENDATION FOR SECOND READING     ***II
31.3.2009
PE 418.415v02-00 A6-0211/2009

on the Council common position for adopting a regulation of the European Parliament and of the Council on common rules for access to the international road haulage market (recast)

(11788/1/2008 – C6‑0014/2009 – 2007/0099(COD))

Committee on Transport and Tourism

Rapporteur: Mathieu Grosch

ERRATA/ADDENDA
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the Council common position for adopting a regulation of the European Parliament and of the Council on common rules for access to the international road haulage market (recast)

(11788/1/2008 – C6‑0014/2009 – 2007/0099(COD))

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (11788/1/2008 – C6‑0014/2009),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2007)0265),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0211/2009),

1.  Approves the common position as amended;

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

Amendment  1

Council common position

Recital 5 a (new)

Council common position

Amendment

 

(5a) The gradual integration of the single European market should lead to the elimination of restrictions of access to the internal market of Member States. Nevertheless, this should take into account the effectiveness of controls and the evolution of employment conditions in the profession, as well as the harmonisation of the rules in the fields, inter alia, of enforcement and road user changes, as well as social and safety legislation. The Commission should closely monitor the market situation as well as the harmonisation mentioned above and propose, if appropriate, further opening of domestic road transport markets, including cabotage.

Justification

This amendment ensures the adoption of this proposal with the principal concerns of the European Parliament taken into account.

Amendment  2

Council common position

Recital 8 a (new)

Council common position

Amendment

 

(8a )Road side checks should be carried out without discrimination, directly or indirectly, on the grounds of nationality of the road transport operator or the country of establishment of the road transport operator or of registration of the vehicle.

Justification

This amendment ensures the adoption of this proposal with the principal concerns of the European Parliament taken into account.

 

 

 

 

 

Amendment              3

Council common position

Recital 11

Council common position

Amendment

(11) Hauliers who are holders of Community licences provided for in this Regulation and hauliers authorised to operate certain categories of international haulage service should be permitted to carry out national transport services within a Member State on a temporary basis, without having a registered office or other establishment therein. When such cabotage operations are performed, they should be subject to Community legislation such as Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and to national law in force in specified areas in the host Member State.

(11) Hauliers who are holders of Community licences provided for in this Regulation and hauliers authorised to operate certain categories of international haulage service should be permitted to carry out national transport services within a Member State on a temporary basis in conformity with this Regulation, without having a registered office or other establishment therein. When such cabotage operations are performed, they should be subject to Community legislation such as Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and to national law in force in specified areas in the host Member State.

Justification

This amendment ensures the adoption of this proposal with the principal concerns of the European Parliament taken into account.

 

 

 

 

 

Amendment  4

Council common position

Recital 13

Council common position

Amendment

(13) Without prejudice to the provisions of the Treaty on the right of establishment, cabotage operations consist of the provision of services by hauliers within a Member State in which they are not established and should not be prohibited as long as they are not carried out in a way that creates a permanent or continuous activity within that Member State. To assist the enforcement of this requirement, the frequency of cabotage operations and the period in which they can be performed should be limited. In the past, such national transport services were permitted on a temporary basis. In practice, it has been difficult to ascertain which services are permitted. Clear and easily enforceable rules are thus needed.

(13) Without prejudice to the provisions of the Treaty on the right of establishment, cabotage operations consist of the provision of services by hauliers within a Member State in which they are not established and should not be prohibited as long as they are not carried out in a way that creates a permanent or continuous activity within that Member State. To assist the enforcement of this requirement, the frequency of cabotage operations and the period in which they can be performed should be more clearly defined. In the past, such national transport services were permitted on a temporary basis. In practice, it has been difficult to ascertain which services are permitted. Clear and easily enforceable rules are thus needed.

Justification

This amendment ensures the adoption of this proposal with the principal concerns of the European Parliament taken into account.

 

 

 

 

 

 

 

Amendment  5

Council common position

Recital 13 a (new)

Council common position

Amendment

 

(13a) 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 States1. National journeys by road within a host Member State which are not part of a combined transport operation as laid down in Council Directive 92/106/EEC fall within the definition of cabotage and should accordingly be subject to the requirements of this Regulation.

 

_________________

1 OJ L 368, 17.12.1992, p. 38.

Justification

This amendment ensures the adoption of this proposal with the principal concerns of the European Parliament taken into account.

 

 

 

 

 

Amendment  6

Council common position

Article 1 – paragraph 5 – introductory wording

Council common position

Amendment

5. This Regulation shall not apply to the following types of carriage and unladen journeys made in conjunction with such carriage:

5. The following types of carriage and unladen journeys made in conjunction with such carriage shall not require a Community licence and shall be exempt from any carriage authorisation:

Justification

The new wording for this exception rule is important for clarification reasons in order to be in correspondence with Article 8(4) of this text.

 

 

 

 

 

Amendment  7

Council common position

Article 2 – point 6

Council common position

Amendment

"cabotage operations" means national carriage for hire or reward carried out on a temporary basis in a host Member State;

"cabotage operations" means national carriage for hire or reward carried out on a temporary basis in a host Member State, in conformity with this Regulation;

Justification

This amendment ensures the adoption of this proposal with the principal concerns of the European Parliament taken into account.

 

 

 

 

 

Amendment  8

Council common position

Article 8 – paragraph 3 – subparagraph 1

Council common position

Amendment

3. National road haulage services carried out in the host Member State by a non‑resident haulier shall only be deemed to conform with this Regulation if the haulier can produce clear evidence of the international carriage in the course of which he has arrived in the host Member State and of each consecutive cabotage operation carried out therein.

3. National road haulage services carried out in the host Member State by a non‑resident haulier shall only be deemed to conform with this Regulation if the haulier can produce clear evidence of the incoming international carriage and of each consecutive cabotage operation carried out.

Justification

The change of the wording is necessary in order to adapt the text to the situation of transit cabotage.

 

 

 

 

 

Amendment  9

Council common position

Article 8 – paragraph 3 a (new)

Council common position

Amendment

 

3a. No additional document shall be required in order to prove that the conditions laid down in this Article have been met.

Justification

This amendment ensures the adoption of this proposal with the principal concerns of the European Parliament taken into account.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amendment  10

Council common position

Article 12 – paragraph 1 – subparagraph 1 – introductory wording

Council common position

Amendment

1. In the event of a serious infringement of Community road transport legislation committed or ascertained in any Member State, the competent authorities of the Member State of establishment of the haulier who has committed such infringement shall take the appropriate action to pursue the matter which may lead, inter alia, to the imposition of the following administrative penalties:

1. In the event of a serious infringement of Community road transport legislation committed or ascertained in any Member State, the competent authorities of the Member State of establishment of the haulier who has committed such infringement shall take the appropriate action which may include a warning, if provided for by national law, to pursue the matter which may lead, inter alia, to the imposition of the following administrative penalties:

Justification

This amendment ensures the adoption of this proposal with the principal concerns of the European Parliament taken into account.

 

 

 

 

 

 

 

 

 

 

Amendment  11

Council common position

Article 12 – paragraph 3 – subparagraph 1

Council common position

Amendment

3. The competent authorities of the Member State of establishment shall communicate to the competent authorities of the Member State in which the infringement was ascertained, as soon as possible and at the latest within two months after their final decision on the matter, which, if any, of the penalties provided for in paragraphs 1 and 2 have been imposed.

3. The competent authorities of the Member State of establishment shall communicate to the competent authorities of the Member State in which the infringement was ascertained, as soon as possible and at the latest within six weeks after their final decision on the matter, which, if any, of the penalties provided for in paragraphs 1 and 2 have been imposed.

Justification

This amendment ensures the adoption of this proposal with the principal concerns of the European Parliament taken into account.

 

 

 

 

 

Amendment  12

Council common position

Article 13 – paragraph 1 – subparagraph 1 – introductory wording

Council common position

Amendment

1. Where the competent authorities of a Member State are aware of a serious infringement of this Regulation or of Community road transport legislation attributable to a non‑resident haulier, the Member State within the territory of which the infringement is ascertained shall transmit to the competent authorities of the haulier's Member State of establishment, as soon as possible and at the latest within two months after their final decision on the matter, the following information:

1. Where the competent authorities of a Member State are aware of a serious infringement of this Regulation or of Community road transport legislation attributable to a non‑resident haulier, the Member State within the territory of which the infringement is ascertained shall transmit to the competent authorities of the haulier's Member State of establishment, as soon as possible and at the latest within six weeks after their final decision on the matter, the following information:

Justification

This amendment ensures the adoption of this proposal with the principal concerns of the European Parliament taken into account.

 

 

 

 

 

 

 

 

 

 

 

 

Amendment  13

Council common position

Article 19 – paragraph 2

Council common position

Amendment

It shall apply from ...*.

It shall apply from ...* with the exception of Articles 8 and 9 which shall enter into force six months after the publication of this Regulation.

Justification

This amendment ensures the adoption of this proposal with the principal concerns of the European Parliament taken into account.

(1)

Texts adopted, 21.5.2008, P6_TA(2008)0218.


EXPLANATORY STATEMENT

Introduction

The Commission proposal is for a recast Regulation which will replace Regulations 881/92 and 3118/93. Directive 2006/94/EC would also be repealed. Regulation 881/92 establishes the freedom of international carriage of goods for reward by road for undertakings which hold a Community licence. Regulation 3118/93 allows undertakings with a Community licence granted by a Member State to provide road haulage services within another Member State provided this is on a temporary basis. Directive 2006/94/EC requires Member States to liberalise certain types of carriage such as mail as a public service or vehicles under 3.5 tonnes.

The Commission proposed the recast Regulation to enhance clarity, readability and enforceability. It also sought to specify the conditions under which cabotage is permitted, to introduce simplified and standardised formats for the Community licence and driver's certificate and to step up penalties for infringements of Community road transport legislation. committed in a Member Stare other than that of establishment. A key aim was to provide a simple, clear and enforceable definition of cabotage. The Commission hoped to improve the efficiency of internal road haulage market by enhancing legal certainty, cutting administrative costs and allowing faire competition.

Parliament's First Reading

The Parliament welcomed the proposal of the Commission but went further concerning the definition of cabotage. It allowed a gradual increase in the number of permitted cabotage operations within a week from three to seven. It sought the lifting of all restrictions by the end of 2013. Loading and unloading should be permitted in a transit Member State and nothing in the Regulation should prevent a Member State from authorising hauliers from another Member Stare to carry out an unrestricted number of cabotage operations. Incoming and outgoing carriage by road of goods as a leg of combined transport should not fall under the provisions of the Regulation.

Where "cross trade" (operations in two host States by a non resident) occurs one of the host states may call for the application of working and employment conditions applicable to its hauliers. Moreover the provisions of the posting of workers Directive 96/71/EC should be reflected in the Regulation.

Bureaucracy should be restricted by making the harmonised waybill sufficient documentary proof for checking purposes. Member states should not be allowed to impede cabotage by demanding documents additional to those specified in the Regulation. As with the Regulation on access to the occupation provisions on minor infringements should be removed from the cabotage proposal.

Parliament also asked for a provision where, in the event of serious disturbance of the national transport market, safeguard measures may be taken at Member State level.

Council's Common Position

The Council's deliberations on the recast Regulation centred on the cabotage question. The definition of cabotage given in the Council's Common Position at Article 8 is a minimum for some Member States and a maximum for others. It permits three operations in the host Member State, the last unloading before departure from the host State occuring at most seven days after the last unloading in the course of the incoming carriage. Within that period hauliers may carry out the permitted cabotage operations in any Member State under the condition that they are limited to one cabotage operation per Member State within three days of unladen entry into its territory.

In all Council accepted in part of in whole 13 of the Parliament's 48 amendments. Areas of difference which remain, apart from the definition of cabotage, include the further opening of the cabotage market; partial unloading; the definition of "cabotage operations"; the posting of workers; the regulation of cross trade; a clearer use of the concept "temporary"; combined transport and the date of application of the Regulation, which the Council wants to postpone to 24 months after its entry into force.

Your Rapporteur's Proposal

It is clear that Parliament and Council do not have wide differences on a number of technical issues. In your rapporteur's view it is , therefore, important to concentrate on main topics where differences still exist.The Council's definition of cabotage, at least as the stated time period and number of operations concerned, is close to the Parliament's. The principle of clarifying the definition of "cabotage operations" has been accepted by the Council. The question of complete unloading remains to be clarified. On the other hand the Council has not accepted the gradual lifting of restrictions. Your rapporteur is of the opinion that progress could be made on these linked aspects. Combined transport also needs to be addressed. There should be no unnecessary delay in the transmission of the information between the Member States concerned. Agreements on wider access to cabotage between Member States which share border regions should be possible.

At this stage therefore, where a satisfactory compromise seems possible, your rapporteur tables amendments to that end. He is prepared to continue to work with Council and the Commission , and of course with the shadow rapporteurs, to clarify certain issues and encourage the Council to move further towards the Parliament's position before the draft recommendation for a Second Reading is voted in committee.


PROCEDURE

Title

Access to the market in the international carriage of goods by road (recast version)

References

11788/1/2008 – C6-0014/2009 – 2007/0099(COD)

Date of Parliament’s first reading – P number

21.5.2008                     T6-0218/2008

Commission proposal

COM(2007)0265 - C6-0146/2007

Date receipt of common position announced in plenary

15.1.2009

Committee responsible

       Date announced in plenary

TRAN

15.1.2009

Rapporteur(s)

       Date appointed

Mathieu Grosch

19.1.2009

 

 

Discussed in committee

16.2.2009

16.3.2009

 

 

Date adopted

31.3.2009

 

 

 

Result of final vote

+:

–:

0:

25

6

2

Members present for the final vote

Gabriele Albertini, Paolo Costa, Michael Cramer, Luis de Grandes Pascual, Arūnas Degutis, Petr Duchoň, Saïd El Khadraoui, Robert Evans, Emanuel Jardim Fernandes, Francesco Ferrari, Mathieu Grosch, Georg Jarzembowski, Stanisław Jałowiecki, Timothy Kirkhope, Rodi Kratsa-Tsagaropoulou, Sepp Kusstatscher, Jörg Leichtfried, Eva Lichtenberger, Marian-Jean Marinescu, Erik Meijer, Seán Ó Neachtain, Reinhard Rack, Ulrike Rodust, Gilles Savary, Brian Simpson, Dirk Sterckx, Ulrich Stockmann, Michel Teychenné, Silvia-Adriana Ţicău, Armando Veneto

Substitute(s) present for the final vote

Philip Bradbourn, Jeanine Hennis-Plasschaert, Anne E. Jensen

Date tabled

2.4.2009

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