Directive 2022/738 - Amendment of Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage of goods by road - Main contents
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official title
Directive (EU) 2022/738 of the European Parliament and of the Council of 6 April 2022 amending Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage of goods by road| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2022/738 |
| Original proposal | COM(2017)282  |
| CELEX number i | 32022L0738 |
| Document | 06-04-2022; Date of adoption |
|---|---|
| Signature | 06-04-2022 |
| Effect | 05-06-2022; Entry into force Date pub. +20 See Art 3 |
| End of validity | 31-12-9999 |
| Transposition | 06-08-2023; See Art 2.1 |
16.5.2022 |
EN |
Official Journal of the European Union |
L 137/1 |
DIRECTIVE (EU) 2022/738 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 6 April 2022
amending Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage of goods by road
(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) |
Directive 2006/1/EC of the European Parliament and of the Council (4) provides for a minimum level of market opening as regards the use of vehicles hired without drivers for the carriage of goods by road. |
(2) |
The use of hired vehicles can reduce the costs of undertakings carrying goods on their own account or for hire or reward, and at the same time can increase their operational flexibility. It can therefore contribute to an increase in the productivity and competitiveness of the undertakings concerned. Moreover, as hired vehicles tend to be newer than the average fleet, they are on average also safer and less polluting. |
(3) |
Directive 2006/1/EC does not enable undertakings to benefit fully from the advantages of using hired vehicles. The Directive allows Member States to restrict the use by undertakings established on their respective territories of hired vehicles with a total permissible laden weight of more than 6 tonnes for own-account transport operations. Moreover, Member States are not required to allow the use of a hired vehicle on their respective territories if the vehicle has been registered or put into circulation in compliance with the laws of a Member State other than the Member State of establishment of the undertaking hiring it. |
(4) |
In order to enable undertakings to benefit to a greater extent from the advantages of using hired vehicles, it should be possible for them to use vehicles hired in any Member State, not only in the Member State of establishment. Such a possibility would, in particular, make it easier for them to meet short-term, seasonal or temporary peaks in demand or to replace defective or damaged vehicles, while ensuring compliance with the necessary safety requirements and ensuring adequate working conditions for drivers. |
(5) |
Member States should not be allowed to restrict the use on their respective territories of a vehicle hired by an undertaking established on the territory of another Member State if the vehicle has been registered or put into circulation in accordance with the applicable laws, safety requirements and other mandatory standards of a Member State and, if it is a vehicle requiring a certified true copy of the Community licence in accordance with Regulation (EC) No 1072/2009 of the European Parliament and of the Council (5), if it has been authorised to be used by the Member State of establishment of the undertaking by means of such certified true copy. |
(6) |
In order to simplify the provision of relevant evidence, Member States should also recognise documents in electronic form as a means of proving compliance with Directive 2006/1/EC. |
(7) |
The level of road transport taxation still differs considerably throughout the Union. Therefore, certain restrictions, which also indirectly affect the freedom to provide vehicle hire services, remain justified in order to avoid fiscal distortions. Consequently, Member States should have the option to limit the length of time... |
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