Legal provisions of COM(2017)281 - Amendment of Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the road transport sector

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dossier COM(2017)281 - Amendment of Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in ...
document COM(2017)281 EN
date July 15, 2020

Contents

Article 1 - Amendments to Regulation (EC) No 1071/2009

Regulation (EC) No 1071/2009 is amended as follows:

(1)in Article 1, paragraph 4 is amended as follows:

(a)point (a) is replaced by the following:

‘(a)undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3,5 tonnes engaged exclusively in national transport operations in their Member State of establishment;’;

(b)the following point is inserted:

‘(aa)undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles, the permissible laden mass of which does not exceed 2,5 tonnes;’;

(c)point (b) is replaced by the following:

‘(b)undertakings engaged in road passenger transport services exclusively for non-commercial purposes or which have a main occupation other than that of road passenger transport operator;’;

(d)the following subparagraph is added:

‘For the purposes of point (b) of the first subparagraph, any carriage by road, other than carriage for hire or reward or on own account, for which no direct or indirect remuneration is received and which does not directly or indirectly generate any income for the driver of the vehicle or for others, and which is not linked to professional activity, is to be considered as carriage exclusively for non-commercial purposes.’;

(2)in Article 3, paragraph 2 is deleted;

(3)Article 5 is replaced by the following:

‘Article 5

Conditions relating to the requirement of establishment

1. In order to satisfy the requirement laid down in point (a) of Article 3(1), in the Member State of establishment an undertaking shall:

(a)have premises at which it is able to access the originals of its core business documents, whether in electronic or any other form, in particular its transport contracts, documents relating to the vehicles at the disposal of the undertaking, accounting documents, personnel management documents, labour contracts, social security documents, documents containing data on the dispatching and posting of drivers, documents containing data relating to cabotage, driving time and rest periods, and any other document to which the competent authority must have access in order to verify the undertaking’s compliance with the conditions laid down in this Regulation;

(b)organise its vehicle fleet’s activity in such a way as to ensure that vehicles that are at the disposal of the undertaking and are used in international carriage return to one of the operational centres in that Member State at least within eight weeks after leaving it;

(c)be registered on the register of commercial companies of that Member State or on a similar register whenever required under national law;

(d)be subject to tax on revenues and, whenever required under national law, have a valid value added tax registration number;

(e)once an authorisation has been granted, have at its disposal one or more vehicles which are registered or put into circulation and authorised to be used in conformity with the legislation of that Member State, regardless of whether those vehicles are wholly owned or, for example, held under a hire-purchase agreement or under a hire or leasing contract;

(f)effectively and continuously conduct its administrative and commercial activities with the appropriate equipment and facilities at premises as referred to in point (a) situated in that Member State and manage its transport operations effectively and continuously using the vehicles referred to in point (g) with the appropriate technical equipment situated in that Member State;

(g)on an ongoing basis, have at its regular disposal a number of vehicles that comply with the conditions laid down in point (e) and drivers who are normally based at an operational centre in that Member State, in both cases proportionate to the volume of transport operations carried out by the undertaking.

2. In addition to the requirements laid down in paragraph 1, Member States may require an undertaking to have, in the Member State of establishment:

(a)proportionate to the size of the activity of the undertaking, duly qualified administrative personnel at the premises or the transport manager reachable during customary business hours;

(b)proportionate to the size of the activity of the undertaking, operational infrastructure other than the technical equipment referred to in point (f) of paragraph 1 in the territory of that Member State, including an office which is open during customary business hours.’;

(4)Article 6 is amended as follows:

(a)paragraph 1 is amended as follows:

(i)the second subparagraph is replaced by the following:

‘In determining whether an undertaking has satisfied that requirement, Member States shall consider the conduct of that undertaking, its transport managers, executive directors and any other relevant person as may be determined by the Member State. Any reference in this Article to convictions, penalties or infringements shall include convictions, penalties incurred by or infringements of the undertaking itself, its transport managers, executive directors and any other relevant person as may be determined by the Member State.’;

(ii)in point (vi) of point (a) of the third subparagraph, the word ‘and’ is deleted;

(iii)in point (a) of the third subparagraph the following point is added:

‘(vii)tax law; and’;

(iv)in point (b) of the third subparagraph the following points are added:

‘(xi)the posting of workers in road transport;

(xii)the law applicable to contractual obligations;

(xiii)cabotage.’;

(b)paragraph 2 is replaced by the following:

‘2.   For the purposes of point (b) of the third subparagraph of paragraph 1, where the transport manager or the transport undertaking has been convicted of a serious criminal offence or has incurred a penalty for one of the most serious infringements of Union rules as set out in Annex IV, in one or more Member States, the competent authority of the Member State of establishment shall carry out and complete in an appropriate and timely manner an administrative procedure, which shall include, if appropriate, an on-site inspection at the premises of the undertaking concerned.

During the administrative procedure, the transport manager or other legal representatives of the transport undertaking, as the case may be, shall be given the right to present their arguments and explanations.

During the administrative procedure, the competent authority shall assess whether, due to specific circumstances, the loss of good repute would constitute a disproportionate response in the individual case. In that assessment, the competent authority shall take into account the number of serious infringements of national and Union rules as referred to in the third subparagraph of paragraph 1, as well as the number of most serious infringements of Union rules as set out in Annex IV for which the transport manager or the transport undertaking has been convicted or has had penalties imposed. Any such finding shall be duly reasoned and justified.

Where the competent authority finds that the loss of good repute would be disproportionate, it shall decide that the undertaking concerned continues to be of good repute. The reasons for this decision shall be recorded in the national register. The number of such decisions shall be indicated in the report referred to in Article 26(1).

Where the competent authority does not find that the loss of good repute would be disproportionate, the conviction or penalty shall lead to the loss of good repute.’;

(c)the following paragraph is inserted:

‘2a.   The Commission shall adopt implementing acts laying down a list of categories, types and degrees of seriousness of serious infringements of Union rules referred to in point (b) of the third subparagraph of paragraph 1 which, in addition to those set out in Annex IV, may lead to the loss of good repute. Member States shall take into account information on those infringements, including information received from other Member States, when setting the priorities for checks pursuant to Article 12(1).

To that end, the Commission shall:

(a)lay down the categories and types of infringement which are most frequently encountered;

(b)define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workers;

(c)provide the frequency of occurrence beyond which repeated infringements shall be regarded as more serious, taking into account the number of vehicles used for the transport activities managed by the transport manager.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 25(3).’;

(5)Article 7 is amended as follows:

(a)in paragraph 1, the first subparagraph is replaced by the following:

‘1.   In order to satisfy the requirement laid down in point (c) of Article 3(1), an undertaking shall at all times be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that for each year it has at its disposal capital and reserves totalling at least:

(a)EUR 9 000, for the first motor vehicle used;

(b)EUR 5 000 for each additional motor vehicle or combination of vehicles used that has a permissible laden mass exceeding 3,5 tonnes; and

(c)EUR 900 for each additional motor vehicle or combination of vehicles used that has a permissible laden mass exceeding 2,5 tonnes but not exceeding 3,5 tonnes.

Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles that have a permissible laden mass exceeding 2,5 tonnes but not exceeding 3,5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that for each year they have at their disposal capital and reserves totalling at least:

(a)EUR 1 800 for the first vehicle used; and

(b)EUR 900 for each additional vehicle used.

Member States may require that undertakings established in their territories demonstrate that they have at their disposal for these vehicles the same amounts of capital and reserves as for the vehicles referred to in the first subparagraph. In such cases, the competent authority of the Member State concerned shall inform the Commission accordingly, and the Commission shall make that information publicly available.’;

(b)the following paragraph is inserted:

‘1a.   In addition to the requirements set out in paragraph 1, Member States may require that the undertaking, the transport manager or any other relevant person as may be determined by Member States not have outstanding non-personal debts owed to bodies governed by public law, and not be bankrupt or subject to insolvency or winding-up proceedings.’;

(c)paragraph 2 is replaced by the following:

‘2.   By way of derogation from paragraph 1, the competent authority may agree or require that an undertaking demonstrate its financial standing by means of a certificate determined by the competent authority, such as a bank guarantee or an insurance, including a professional liability insurance from one or more banks or other financial institutions including insurance companies or by another binding document providing a joint and several guarantee for the undertaking in respect of the amounts specified in paragraph 1.’;

(d)the following paragraph is inserted:

‘2a.   By way of derogation from paragraph 1, in the absence of certified annual accounts for the year of an undertaking’s registration, the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee, a document issued by a financial institution establishing access to credit in the name of the undertaking, or by another binding document as determined by the competent authority proving that the undertaking has at its disposal the amounts specified in paragraph 1.’;

(6)Article 8 is amended as follows:

(a)paragraph 5 is replaced by the following:

‘5.   Member States may promote periodic training on the subjects listed in Annex I at three-year intervals to ensure that the person or persons referred to in paragraph 1 are sufficiently aware of developments in the sector.’;

(b)paragraph 9 is replaced by the following:

‘9.   The Commission is empowered to adopt delegated acts in accordance with Article 24a to amend Annexes I, II and III in order to adapt them to market developments and technical progress.’;

(7)in Article 9, the following paragraph is added:

‘For the purpose of granting a licence to a road haulage undertaking which only operates motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3,5 tonnes, Member States may decide to exempt from the examinations referred to in Article 8(1) persons who provide proof that they have continuously managed, for the period of 10 years before 20 August 2020, an undertaking of the same type.’;

(8)in Article 11(4), the third subparagraph is deleted;

(9)Article 12 is amended as follows:

(a)paragraph 1 is replaced by the following:

‘1.   Competent authorities shall regularly monitor whether undertakings which they have authorised to engage in the occupation of road transport operator continue to fulfil the requirements laid down in Article 3 of this Regulation. To that end, Member States shall carry out checks, including, where appropriate, on-site inspections at the premises of the undertaking concerned, targeting those undertakings which are classed as posing an increased risk. For that purpose, Member States shall extend the risk rating system established by them pursuant to Article 9 of Directive 2006/22/EC of the European Parliament and of the Council (*1) to cover all infringements specified in Article 6 of this Regulation.

(*1)  Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35).’;"

(b)in paragraph 2, the second subparagraph is deleted;

(10)in Article 13(1), point (c) is replaced by the following:

‘(c)a time limit not exceeding six months, where the requirement of financial standing had not been satisfied, in order to demonstrate that that requirement is again satisfied on a permanent basis.’;

(11)Article 14 is amended as follows:

(a)in paragraph 1, the following subparagraph is added:

‘The competent authority shall not rehabilitate the transport manager earlier than one year from the date of the loss of good repute and, in any event, not before the transport manager has demonstrated that he or she has followed appropriate training for a period of at least three months or passed an exam on the subjects listed in part I of Annex I to this Regulation.’;

(b)paragraph 2 is replaced by the following:

‘2.   Unless and until a rehabilitation measure is taken in accordance with the relevant provisions of national law and paragraph 1 of this Article, the certificate of professional competence referred to in Article 8(8) of the transport manager who has been declared to be unfit shall no longer be valid in any Member State.’;

(12)Article 16 is amended as follows:

(a)paragraph 2 is amended as follows:

(i)point (c) is replaced by the following:

‘(c)the names of the transport managers designated as meeting the requirements laid down in Article 3 relating to good repute and professional competence or, as appropriate, the name of a legal representative;’;

(ii)the following points are added:

‘(g)the registration numbers of the vehicles at the disposal of the undertaking pursuant to point (g) of Article 5(1);

(h)the number of people employed in the undertaking on 31 December of the previous year, which shall be recorded in the national register by 31 March of each year;

(i)the risk rating of the undertaking pursuant to Article 9(1) of Directive 2006/22/EC.’;

(iii)the second, third and fourth subparagraphs are replaced by the following:

‘The data referred to in points (a) to (d) of the first subparagraph shall be publicly accessible, in accordance with the relevant provisions on personal data protection.

Member States may choose to keep the data referred to in points (e) to (i) of the first subparagraph in separate registers. In such cases, the data referred to in points (e) and (f) shall be made available upon request or shall be directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within five working days of receipt of the request.

The data referred to in points (g), (h) and (i) of the first subparagraph shall be available to the competent authorities during roadside checks no later than 12 months from the entry into force of the implementing act, adopted pursuant to paragraph 6, specifying the functionalities that allow for the data to be made available to the competent authorities during roadside checks.

The data referred to in points (e) to (i) of the first subparagraph shall only be accessible to authorities other than the competent authorities where those authorities are duly endowed with powers relating to supervision and the imposition of penalties in the road transport sector and their officials are sworn to secrecy or are otherwise under a formal obligation of secrecy.’;

(b)paragraph 4 is replaced by the following:

‘4.   Member States shall take all necessary measures to ensure that all data contained in the national electronic register are kept up to date and are accurate.’;

(c)in paragraph 6, the following subparagraphs are added:

‘By 14 months after the adoption of an implementing act on a common formula for calculating the risk rating as referred to in Article 9(1) of Directive 2006/22/EC, the Commission shall adopt implementing acts, specifying the functionalities that allow for the data referred to in points (g), (h) and (i) of the first subparagraph of paragraph 2 to be made available to the competent authorities during roadside checks.

Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 25(2).’;

(d)paragraph 7 is deleted;

(13)Article 18 is replaced by the following:

‘Article 18

Administrative cooperation between Member States

1. Member States shall designate a national contact point responsible for the exchange of information with the other Member States with regard to the application of this Regulation. Member States shall forward to the Commission the names and addresses of their national contact points by 4 December 2011. The Commission shall draw up a list of all contact points and forward it to the Member States.

2. The competent authorities of the Member States shall cooperate closely and shall swiftly provide one another with mutual assistance and with any other relevant information in order to facilitate the implementation and enforcement of this Regulation.

3. The competent authorities of the Member States shall exchange information on convictions and penalties for any serious infringements referred to in Article 6(2). A Member State which receives notification of a serious infringement referred to in Article 6(2) which has resulted in a conviction or a penalty in another Member State during the previous two years shall record that infringement in its national electronic register.

4. Member States shall reply to requests for information from all competent authorities of other Member States and shall carry out checks, inspections and investigations concerning compliance with the requirement laid down in point (a) of Article 3(1) by road transport operators established in their territory. Such requests for information may include access to documents required to prove that the conditions laid down in Article 5 are met. Requests for information by competent authorities of Member States shall be duly justified and reasoned. To this end, requests shall include credible indications of possible infringements of point (a) of Article 3(1), indicate the purpose of the request and specify in sufficient detail the information and documents which are being requested.

5. Member States shall submit the information requested by other Member States pursuant to paragraph 4 within 30 working days from the receipt of the request. A shorter time limit may be mutually agreed between the Member States.

6. Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within 10 working days from the receipt of the request. The requesting Member State shall further substantiate the request. Where the requesting Member State is unable to further substantiate the request, the requested Member State may reject the request.

7. Where it is difficult to comply with a request for information or to carry out checks, inspections or investigations, the requested Member State shall inform the requesting Member State accordingly within 10 working days from the receipt of the request, giving the reasons for the difficulty. The Member States concerned shall discuss with each other with a view to finding a solution to any difficulty raised. In the event of persistent delays in the provision of information to the requesting Member State, the Commission shall be informed and shall take appropriate measures.

8. The exchange of information referred to in paragraph 3 shall take place through the message exchange system, namely the European Registers of Road Transport Undertakings (ERRU) established by Commission Regulation (EU) No 1213/2010 (*2). The administrative cooperation and mutual assistance between the competent authorities of the Member States provided for in paragraphs 4 to 7 shall be implemented through the Internal Market Information System (IMI), established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council (*3). For this purpose, each Member State may designate the contact point referred to in paragraph 1 as the competent authority and shall inform the Commission thereof through IMI.

9. Member States shall ensure that the information transmitted to them pursuant to this Article is used only in respect of the matter(s) for which it was requested. Any processing of personal data shall be carried out solely for the purposes of complying with this Regulation and shall be in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (*4).

10. Mutual administrative cooperation and assistance shall be provided free of charge.

11. A request for information shall not preclude the competent authorities from taking measures in line with the relevant national and Union law to investigate and prevent alleged breaches of this Regulation.

(*2)  Commission Regulation (EU) No 1213/2010 of 16 December 2010 establishing common rules concerning the interconnection of national electronic registers on road transport undertakings (OJ L 335, 18.12.2010, p. 21)."

(*3)  Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (“the IMI Regulation”) (OJ L 316, 14.11.2012, p. 1)."

(*4)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).’;"

(14)in Article 23, the following paragraphs are added:

‘By way of derogation from Article 1(2), 21 May 2022 road haulage undertakings engaged in international transport operations solely by means of motor vehicles or combinations of vehicles, the permissible laden mass of which does not exceed 3,5 tonnes, shall be exempt from the provisions of this Regulation unless the law of the Member State of establishment provides otherwise.

By way of derogation from Article 16(2), the requirement to include the risk rating of the undertakings in the national electronic registers shall apply from 14 months after the entry into force of the implementing act on a common formula for calculating the risk rating referred to in Article 9(1) of Directive 2006/22/EC.’;

(15)Article 24 is deleted;

(16)the following Article is inserted:

‘Article 24a

Exercise of the delegation

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 8(9) shall be conferred on the Commission for an indeterminate period of time from 20 August 2020.

3. The delegation of power referred to in Article 8(9) 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 (*5).

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 under Article 8(9) 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.

(*5)  OJ L 123, 12.5.2016, p. 1.’;"

(17)Article 25 is amended as follows:

(a)paragraph 2 is replaced by the following:

‘2.   Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 of the European Parliament and of the Council (*6) shall apply.

(*6)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’;"

(b)paragraph 3 is replaced by the following:

‘3.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’;

(18)Article 26 is amended as follows:

(a)the title is replaced by the following:

‘Reporting and review’;

(b)in paragraph 1, point (b) is replaced by the following:

‘(b)the number of authorisations granted under this Regulation by year and by type, the number of suspended authorisations, the number of withdrawn authorisations, the number of declarations of unfitness and the reasons on which those decisions were based. Reports relating to the period after 21 May 2022 shall also include a breakdown of these items by:

(i)road passenger transport operators;

(ii)road haulage operators using exclusively motor vehicles or combinations of vehicles, the permissible laden mass of which does not exceed 3,5 tonnes; and

(iii)all other road haulage operators;’;

(c)the following paragraphs are added:

‘3.   Every two years Member States shall report to the Commission on the requests made by them under Article 18(4) to (9), on the replies received from other Member States and on the actions that they have taken on the basis of the information provided.

4. By 21 August 2023, on the basis of the information gathered by the Commission under paragraph 3 and on the basis of further evidence, the Commission shall present a detailed report to the European Parliament and the Council on the extent of administrative cooperation between Member States, on any possible shortcomings in this respect and on possible ways to improve the cooperation. On the basis of this report, it shall assess whether it is necessary to propose additional measures.

5. The Commission shall evaluate the implementation of this Regulation by 21 August 2023 and report to the European Parliament and the Council on the application of this Regulation.

6. Following the report referred to in paragraph 5, the Commission shall regularly evaluate this Regulation and shall submit the evaluation results to the European Parliament and the Council.

7. Where appropriate, the reports referred to in paragraphs 5 and 6 shall be accompanied by relevant legislative proposals.’;

(19)Annex IV is amended as follows:

(a)the title is replaced by the following:

‘Most serious infringements for the purpose of article 6(2)’;

(b)in point 1, point (b) is replaced by the following:

‘(b)exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50 % or more.’;

(c)point 2 is replaced by the following:

‘2.Not having a tachograph and/or speed limiter, or having in the vehicle and/or using a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsifying record sheets or data downloaded from the tachograph and/or the driver card.’.

Article 2 - Amendments to Regulation (EC) No 1072/2009

Regulation (EC) No 1072/2009 is amended as follows:

(1)in Article 1, paragraph 5 is amended as follows:

(a)point (c) is replaced by the following:

‘(c)until 20 May 2022: carriage of goods in vehicles the permissible laden mass of which does not exceed 3,5 tonnes;’;

(b)the following point is inserted:

‘(ca)from 21 May 2022: carriage of goods in vehicles the permissible laden mass of which does not exceed 2,5 tonnes;’;

(2)Article 4 is amended as follows:

(a)in paragraph 2, the third subparagraph is deleted;

(b)paragraph 4 is replaced by the following:

‘4.   The Community licence and the certified true copies shall correspond to the model set out in Annex II, which also lays down the conditions governing its use. They shall contain at least two of the security features listed in Annex I.

In the case of vehicles used for the carriage of goods, the permissible laden mass of which does not exceed 3,5 tonnes and for which the lower financial requirements established in the second subparagraph of Article 7(1) of Regulation (EC) No 1071/2009 are applied, the issuing authority shall write in the “particular remarks” section of the Community licence or of the certified true copy thereof: “≤ 3,5 t”.

The Commission is empowered to adopt delegated acts in accordance with Article 14b to amend Annexes I and II in order to adapt them to technical progress.’;

(3)in Article 5, paragraph 4 is replaced by the following:

‘4.   The Commission is empowered to adopt delegated acts in accordance with Article 14b to amend Annex III in order to adapt it to technical progress.’;

(4)Article 8 is amended as follows:

(a)the following paragraph is inserted:

‘2a.   Hauliers are not allowed to carry out cabotage operations, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same Member State within four days following the end of its cabotage operation in that Member State.’;

(b)in paragraph 3, the first subparagraph is replaced by the following:

‘3.   National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage and of each consecutive cabotage operation carried out. In the event that the vehicle has been in the territory of the host Member State within the period of four days preceding the international carriage, the haulier shall also produce clear evidence of all operations that were carried out during that period.’;

(c)the following paragraph is inserted:

‘4a.   Evidence referred to in paragraph 3 shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as an electronic consignment note (e-CMR) under the Additional Geneva Protocol to the Convention on the Contract for the International Carriage of Goods by Road (CMR) concerning the Electronic Consignment Note of 20 February 2008. During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity in order to provide, before the end of the roadside check, any evidence referred to in paragraph 3.’;

(d)paragraph 5 is amended as follows:

‘5.   Any haulier entitled in the Member State of establishment to carry out the road haulage operations for hire or reward specified in points (a) to (ca) of Article 1(5) in accordance with that Member State’s legislation shall be permitted, under the conditions set out in this Chapter to carry out, as the case may be, cabotage operations of the same kind or cabotage operations with vehicles in the same category.’;

(5)Article 10 is amended as follows:

(a)in paragraph 3, the first subparagraph is replaced by the following:

‘3.   The Commission shall examine the situation on the basis in particular of the relevant data and, after consulting the committee established pursuant to Article 42(1) of Regulation (EU) No 165/2014 of the European Parliament and of the Council (*7) shall decide within one month of receipt of the Member State’s request whether safeguard measures are necessary and shall adopt them if they are necessary.

(*7)  Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).’;"

(b)the following paragraph is added:

‘7.   In addition to paragraphs 1 to 6 of this Article and by way of derogation from Article 4 of Directive 92/106/EEC, Member States may, where necessary to avoid misuse of the latter provision through the provision of unlimited and continuous services consisting in initial or final road legs within a host Member State that form part of combined transport operations between Member States, provide that Article 8 of this Regulation apply to hauliers when they carry out such initial and/or final road haulage legs within that Member State. With regard to such road haulage legs, Member States may provide for a longer period than the seven-day period provided for in Article 8(2) of this Regulation and may provide for a shorter period than the four-day period provided for in Article 8(2a) of this Regulation. The application of Article 8(4) of this Regulation to such transport operations shall be without prejudice to requirements following from Directive 92/106/EEC. Member States making use of the derogation provided for in this paragraph shall notify the Commission thereof before applying their relevant national measures. They shall review those measures at least every five years and shall notify the results of that review to the Commission. They shall make the rules, including the length of the respective periods, publicly available in a transparent manner.’;

(6)the following Article is inserted:

‘Article 10a

Checks

1. In order to further enforce the obligations laid down in this Chapter, Member States shall ensure that a coherent national enforcement strategy is applied on their territory. That strategy shall focus on undertakings with a high risk rating as referred to in Article 9 of Directive 2006/22/EC of the European Parliament and of the Council (*8).

2. Each Member State shall ensure that the checks provided for in Article 2 of Directive 2006/22/EC include a check on cabotage operations, where relevant.

3. At least twice per year, Member States shall undertake concerted roadside checks on cabotage operations. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each national authority operating in its own territory. Member States may combine those activities with those provided for by Article 5 of Directive 2006/22/EC. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.

(*8)  Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC as regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35).’;"

(7)the following Articles are inserted:

‘Article 14a

Liability

Member States shall lay down rules on sanctions against consignors, freight forwarders, contractors and subcontractors for non-compliance with Chapters II and III, where they knew, or, in the light of all relevant circumstances ought to have known, that the transport services that they commissioned involved infringements of this Regulation.

Article 14 - b Exercise of the delegation

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 4(4) and Article 5(4) is conferred on the Commission for an indeterminate period of time from 20 August 2020.

3. The delegation of power referred to in Article 4(4) and Article 5(4) 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 (*9).

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 under Article 4(4) and Article 5(4) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 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.

(*9)  OJ L 123, 12.5.2016, p. 1.’;"

(8)Article 15 is deleted;

(9)Article 17 is replaced by the following:

‘Article 17

Reporting and review

1. By 31 March of every second year, at the latest, Member States shall inform the Commission of the number of hauliers possessing Community licences on 31 December of each of the previous two years and of the number of certified true copies corresponding to the vehicles in circulation on that date. Reports relating to the period after 20 May 2022 shall also include a breakdown of these items by road haulage operators engaged in international transport operations solely by means of vehicles the permissible laden mass of which does not exceed 3,5 tonnes and the remaining road haulage operators.

2. By 31 March of every second year, at the latest, Member States shall inform the Commission of the number of driver attestations issued in each of the previous two calendar years, as well as the total number of driver attestations in circulation on 31 December of each of the previous two years. Reports relating to the period after 20 May 2022 shall also include a breakdown of these items by road haulage operators engaged in international transport operations solely by means of vehicles, the permissible laden mass of which does not exceed 3,5 tonnes, and the remaining road haulage operator.

3. By 21 August 2022, at the latest, Member States shall forward to the Commission their national enforcement strategy adopted pursuant to Article 10a. By 31 March of every year, at the latest, Member States shall inform the Commission on the enforcement operations performed in the previous calendar year pursuant to Article 10a, including, where appropriate, the number of checks performed. This information shall include the number of vehicles checked.

4. The Commission shall draw up a report on the state of the Union road transport market by 21 August 2024. The report shall contain an analysis of the market situation, including an evaluation of the effectiveness of controls and the evolution of employment conditions in the profession.

5. The Commission shall evaluate the implementation of this Regulation, in particular the impact of the amendments to Article 8 introduced by Regulation (EU) 2020/1055 of the European Parliament and of the Council (*10), by 21 August 2023 and report to the European Parliament and the Council on the application of this Regulation.

6. Following the report referred to in paragraph 5, the Commission shall regularly evaluate this Regulation and submit the evaluation results to the European Parliament and the Council.

7. Where appropriate, the reports referred to in paragraphs 5 and 6 shall be accompanied by relevant legislative proposals.

(*10)  Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector (OJ L 249, 31.7.2020, p. 17).’."

Article 3 - Amendments to Regulation (EU) No 1024/2012

In the Annex to Regulation (EU) No 1024/2012 the following point is added:

‘15.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 (*11): Article 18(8).

Article 4 - Entry into force

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

It shall apply from 21 February 2022.

This Regulation shall be binding in its entirety and directly applicable in all Member States.