Following its work programme 2017, the European Commission presented a review of the Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage of goods by road, as a part of the ‘Europe on the Move’ mobility package, published on 31 May 2017.

The Directive 2006/1/EC has codified earlier rules and provided for a minimum level of the market opening for the use of vehicles hired without drivers for the carriage of goods by road. Member States have to ensure that their undertakings may use, for the carriage of goods by road, hired vehicles under the same conditions as vehicles owned by them - as long as the hired vehicles are registered or put into circulation in compliance with the laws in their countries.

However, this directive allows Member States to

• exclude the use of hired goods vehicles with a gross vehicle weight above six tonnes for own-account operations;

• restrict the use of a vehicle which has been hired in a Member State different from the one where the undertaking hiring the vehicle is established.

The Commission proposed to remove these restrictions and establish a uniform regulatory framework across the EU. Member States would no longer have the possibility to restrict the use of hired vehicles for own-account operations. In addition, while they may still limit the use of a vehicle hired in a Member State different from the one where the undertaking hiring it is established, they would have to allow its use for at least four months, so that transport companies can meet peak or seasonal demand and replace defective vehicles. This limitation was deemed necessary to prevent the possible distortions due to significant differences among Member States in road vehicle taxation.

The proposal is dealt with by the Parliament's Committee on Transport and Tourism (TRAN). The report prepared by rapporteur Cláudia Monteiro de Aguiar (EPP, Portugal) was voted in the TRAN Committee on 24 May 2018. It supported the Commission’s proposal to facilitate to undertakings the hiring of goods vehicles without drivers, taking into account some safety and compliance issues. The TRAN Committee asked that the declaration of the number plate of each vehicle hired in another Member State be sent to the national electronic registers.

However, the TRAN Committee voted very narrowly against giving a mandate to start trilogues. At the first reading in plenary on 14 June 2018, MEPs adopted the rapporteur's amendments (353 votes in favour, 257 against, 26 abstentions), voted in favour of giving the rapporteur a mandate to negotiate and referred the file back to TRAN committee. Some of the adopted amendments concern the limitations to the time of use and number of hired vehicles.

The Transport Council at its meeting on 4-5 December 2017 adopted a progress report on the first part of the Mobility package. As regards hired vehicles, Member States had reservations related to the possible erosion of vehicle tax income and did not like the idea that a hired vehicle could circulate in their territories for several months without paying any registration taxes.

As negotiations were not possible, the plenary adopted Parliament's position at first reading on 15 January 2019. However, following a plenary amendment, the restrictions on the use of vehicles with a permissible gross weight over six tonnes for own account transport, which a State may impose on undertakings established on its territory, have returned into the text.

On 3 June 2021, Council adopted a general approach. It stipulated that Member States would not be allowed to restrict the use on their territory of a vehicle hired by a company established in another Member State, provided that the relevant registration and other rules in that Member State are complied with, but would still be able to restrict, within certain limits, the use of vehicles hired in another Member State by their own companies. As a proof of compliance, documents in electronic format would be recognised. To control illegal cabotage and facilitate enforcement, competent authorities would have to record the registration numbers of vehicles hired from another Member State in their national electronic registers.

Trilogue negotiations concluded on 26 October with an agreement. Member States will be able to restrict the use of vehicles hired in another Member State by their own companies, to the period of two months. In addition, Member States will have the possibility to require, according to their own national rules, the registration of a vehicle on their territory after 30 days of use. As to the number of vehicles hired without a driver by a company, the agreement states that they may not represent more than 25% of vehicles that the company 'has at its disposal' (which is a broader concept than 'vehicles owned by a company'). Member States may restrict the use of hired vehicles for own account operations only in the case of vehicles that are registered in another Member State, irrespective of the weight of the vehicle. A transposition period of 14 months is foreseen.

COREPER confirmed the provisional agreement reached in trilogues on 12 November 2021.

The EP TRAN Committee approved the agreement on 15 November, by 38 votes for, 3 against and 2 abstentions.

The text was adopted by the Council (Environment) on 20 December 2021 at first reading. On 12 January 2022, the Commission has confirmed that it can accept the Council position.

The Council's 1st reading position was announced in EP plenary on 20 January 2022.

The EP TRAN Committee approved the text on 3 March 2022 by 40 votes against 4, with 4 abstentions.

The Parliament plenary adopted the text in 2nd reading without amendments on 5 April 2022 and the final act was signed the following day.

The directive has been published in the Official Journal on 16 May 2022 and entered into force on 5 June 2022. EU countries had 14 months to align their legislation with the new provisions.

References:

• EP Legislative Observatory, Procedure file Use of vehicles hired without drivers for the carriage of goods by road, 2017/0113(COD)
• European Commission, Proposal for a dimending Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage of goods by road, COM(2017) 282
• European Economic and Social Committee, Opinion, Hired vehicles without drivers for the carriage of goods by road, TEN/638-EESC-2017
• European Parliament, Legislative resolution of 15 January 2019 on the proposal for a directive amending Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage of goods by road, 2017/0113(COD)
• Council, Proposal for a Directive amending Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage of goods by road, general approach, 3 June 2021

• Council, Position of the Council at first reading with a view to the adoption of a directive amending Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage of goods by road, 8 December 2021

• European Commission, Communication from the Commission to the European Parliament concerning the position of the Council on the adoption of a Directive on the use of vehicles hired without drivers for the carriage of goods by road, 12 January 2022

 Further reading:

• European Parliament, EPRS, Use of vehicles hired without drivers for carriage of goods by road, Briefing, Initial Appraisal of a European Commission Impact Assessment, October 2017
• European Parliament, EPRS, The use of hired vehicles without drivers for the carriage of goods by road, Briefing, Implementation Appraisal, April 2017
• European Parliament, EPRS, Goods vehicles hired without drivers, Briefing, EU legislation in Progress, January 2018

Author: Monika Kiss, Members' Research Service, legislative-train@europarl.europa.eu