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Occupation of road transport operator and international haulage market

In “Transport and Tourism - TRAN”

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The EU adopted Regulation (EC) 1071/2009 to ensure a more uniform and effective implementation of the rules on the admission to and the pursuit of the occupation of road transport operator, applying to both freight and passenger transport. The EU adopted also Regulation (EC) 1072/2009 to harmonise provision of international haulage and cabotage operations. Cabotage is currently limited to three operations within a 7-day period. Both regulations have been applying since 4 December 2011.

The conclusions of an ex-post evaluation, carried out by the European Commission in 2014-2015, suggested that both regulations faced shortcomings of the rules in their application and enforcement in the different Member States. On 31 May 2017, in the context of the ‘Europe on the Move’ package, the Commission presented the proposal for a revision of the above-mentioned regulations.

The main elements of the proposal relating to the occupation of road transport operator concern first of all hauliers operating solely with light commercial vehicles (LCV - permissible laden mass not exceeding 3.5 tonnes) currently excluded from the regulation, unless provided otherwise by Member States. The proposal makes certain rules compulsory for LCVs, such as the requirements of effective establishment and appropriate financial standing. For the fulfilment of establishment requirements, the proposal clarifies that a company must have a real and continuous activity in a given location. Changes are also proposed to clarify and harmonise the concept of good repute of an undertaking and the infringements leading to the loss of it. Lastly, the proposal further specifies the terms of administrative cooperation between Member States. The proposal to amend Regulation 1072/2009 gives a more precise definition of cabotage and removes the number of cabotage operations, which may be carried out in a host Member State following an incoming international carriage. In parallel, the maximum number of days to carry out cabotage is reduced from seven days to five.

The file has been allocated to the European Parliament’s Committee on Transport and Tourism (TRAN), which has appointed Jens Nilsson (S&D, Sweden) as rapporteur. The rapporteur’s draft report was presented to TRAN Committee on 23 January 2018. After the death of the rapporteur on 12 March 2018, Jens Nilsson was replaced by Ismail Ertug (S&D, Germany). The EMPL Committee published its opinion on 30 April 2018. On 4 June 2018, TRAN Committee adopted its report with 30 votes in favour, 15 against and 3 abstentions. The TRAN Committee also voted in favour of starting interinstitutional negotiations on this file.

During the plenary session on 14 June 2018, MEPs voted on this file and rejected the decision to start interinstitutional negotiations. On 4 July 2018, the plenary voted again on the file and rejected TRAN report and amendments, referring them back to TRAN Committee for further consideration. On 10 January 2019, rapporteur’s new compromise amendments were adopted by 27 votes in favour and 21 against. They provide for unlimited cabotage operations within a three-day period following an international transport operation. To avoid systematic cabotage they also introduce a cooling period of 60 hours after the return to the haulier’s Member State of establishment and oblige lorries to carry out a loading/unloading every four weeks in that State. Parliament’s position on the cabotage proposal was adopted (in its form of 10 January 2019), with 371 votes in favour, 251 against and 13 abstentions, on 4 April 2019. On 24 September 2019, TRAN Committee adopted a decision to open interinstitutional negotiations. On 21 October 2019, the EP included this file into the unfinished business on which work should resume.

The Council Working Group on Land Transport started analysing the proposal in July 2017 with the Estonian Presidency. The subsequent Bulgarian presidency proposed to reinforce the requirements to show effective presence of a road company. At the Council meeting on transport on 7 June 2018, the Bulgarian presidency declared that it could not reach a general approach. The subsequent Austrian presidency discussed Presidency compromises between October and December 2018. At the Council meeting on Transport, Telecommunications and Energy of 3 December 2018, the Council agreed its general approach on the two regulations. On cabotage, the Council maintained the current rule allowing a maximum of three operations in a 7-day period and proposed improved enforcement measures. To avoid systematic cabotage, it also introduced a 5-day ‘cooling off’ period before cabotage can be carried out in the same country and with the same vehicle.

Trilogues on this file began on 3 October 2019 and on 12 December, a provisional agreement was reached. It maintained the current rule on cabotage operations but with a 4-day ‘cooling off’ period and introduced an obligation for the driver to return to the employer’s country of establishment every 8 weeks. On 20 December 2019, the Coreper approved the provisional agreement on this legislative proposal and TRAN Committee confirmed it on 21 January 2020. On 7 April 2020, by written procedure, the Council adopted its position at first reading. On 17 April 2020, the Parliament referred the agreement to the TRAN Committee for second reading. On 8 June 2020 the TRAN Committee adopted the proposal with 33 votes in favour, 16 against and 0 abstention. On 9 July 2020, the Parliament approved the Council’s position. The new regulation 2020/1055 was published in the Official Journal on 31 July 2020 and shall apply from 21 February 2022.

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Further reading:

Author: Damiano Scordamaglia, Members' Research Service, legislative-train@europarl.europa.eu

As of 20/03/2023.