4column04112019
Dieses Dokument ist Teil der Anfrage „Anpassung der gemeinsamen Regeln für die Zulassung zum Beruf des Kraftverkehrsunternehmers und den Zugang zum Markt des grenzüberschreitenden Güterkraftverkehrs an die Entwicklungen im Kraftverkehrssektor“
Diese Anfrage wurde als Teil der Kampagne „Black Box EU“ gestellt.
2017/0123(COD) COLUMN TABLE FOR INTERINSTITUTIONAL NEGOTIATIONS – WORKING DOCUMENT Proposal for a regulation of the European Parliament and the Council amending Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the sector (COM(2017)0281 – C8-0169/2017 – 2017/0123(COD)) Date of the trilogue: 4.11.2019 Committee on Transport and Tourism – Negotiating team NB: this cover page has been added for technical reasons only. CT\1192626EN.docx PE641.437v02-00 EN EN
CT\1192626EN.docx 2/174 PE641.437v02-00 EN
2017/0123(COD) UPDATE for 4th column, 25 October 2019 (for trilogue on 4 November 2019) (Suggested classification of divergences between the positions of the European Parliament and the Council: "A" is an editorial issue; "B" is a technical issue that could be resolved in the technical meetings; and "C" is a major policy question.) Proposal for a Directive of the European Parliament and of the Council amending Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the sector COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Presidency compromise 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 1. 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, 1 Having regard to the opinion of the European Economic and Social Committee , 2 Having regard to the opinion of the Committee of the Regions , Acting in accordance with the ordinary legislative procedure, ____________ (1) OJ C , , p. . (2) OJ C , , p. . CT\1192626EN.docx 3/174 PE641.437v02-00 EN
COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Presidency compromise 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 2. Whereas: 3. (1) Experience with the (1) Experience with the implementation of Regulations implementation of Regulations (EC) 3 3 (EC) No 1071/2009 and (EC) No No 1071/2009 and (EC) No 4 4 1072/2009 revealed that the rules 1072/2009 revealed that the rules provided for in those regulations provided for in those regulations offered scope for improvement on offered scope for improvement on a number of points. a number of points. ____________ ____________ (3) (3) Regulation (EC) No 1071/2009 Regulation (EC) No 1071/2009 establishing common rules establishing common rules concerning the conditions to be concerning the conditions to be complied with to pursue the complied with to pursue the occupation of road transport occupation of road transport operator and repealing Council operator and repealing Council Directive 96/26/EC (OJ L 300, Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51). 14.11.2009, p. 51). (4) (4) Regulation (EC) No 1072/2009 Regulation (EC) No 1072/2009 on on common rules for access to common rules for access to the the international road haulage international road haulage market market (OJ L 300, 14.11.2009, p. (OJ L 300, 14.11.2009, p. 72). 72). CT\1192626EN.docx 4/174 PE641.437v02-00 EN
COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Presidency compromise 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 4. Amendment 110 Recital 2 5. (2) So far, and unless otherwise (2) So far, and unless otherwise (2) So far, and unless otherwise C provided for in national law, the provided for in national law, the provided for in national law, the rules on access to the occupation rules on access to the rules on access to the occupation of road transport operator do not occupation of road transport of road transport operator do not apply to undertakings engaged in operator do not apply to apply to undertakings engaged in the occupation of road haulage undertakings engaged in the the occupation of road haulage operator solely by means of occupation of road haulage operator solely by means of motor motor vehicles with a permissible operator solely by means of vehicles with a permissible laden laden mass not exceeding 3.5 motor vehicles with a mass not exceeding 3.5 tonnes or tonnes or combinations of permissible laden mass, combinations of vehicles not vehicles not exceeding that limit. including that of trailers, not exceeding that limit. The number of The number of such undertakings exceeding 3.5 tonnes […]. The such undertakings which are active which are active in both national number of such undertakings in both national and international and international transport […] has been increasing. As a transport operations has been operations has been increasing. result, several Member States increasing. As a result, several As a result, several Member have decided to apply the rules Member States have decided to States have decided to apply the on access to the occupation of apply the rules on access to the rules on access to the occupation road transport operator, occupation of road transport of road transport operator, provided for in Regulation (EC) operator, provided for in provided for in Regulation (EC) No 1071/2009, to those Regulation (EC) No 1071/2009, to No 1071/2009,to those undertakings. In order to avoid those undertakings. To ensure a undertakings. To ensure a possible loopholes and to minimum level of CT\1192626EN.docx 5/174 PE641.437v02-00 EN
COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Presidency compromise 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 minimum level of ensure a minimum level of professionalisation of the sector professionalisation of the sector professionalisation of the sector using vehicles intended using vehicles with a permissible using motor vehicles with a exclusively for the carriage of laden mass not exceeding 3.5 permissible laden mass […], goods and with a permissible tonnes by way of common rules, including that of trailers, of laden mass not exceeding 3.5 and thus to approximate 2.4 to 3.5 tonnes for tonnes by way of common rules, competitive conditions between international transport by way and thus to approximate all operators, this provision of common rules, and thus to competitive conditions between all should be deleted, whereas the approximate competitive operators, this provision should be requirements regarding effective conditions between all amended […]. The requirements and stable establishment and operators, […] the requirements […] for access to the profession appropriate financial standing […] for engagement in the should become […] mandatory for should be rendered mandatory. occupation of road transport operators using motor vehicles operator should […] apply or combinations of vehicles equally, while avoiding a intended exclusively for the disproportionate carriage of goods and with a administrative burden. Since permissible laden mass between this Regulation only applies to 2.5 tonnes and 3.5 tonnes articles L 53-55 undertakings transporting involved in international goods for hire or reward, transport. undertakings performing transport operations for own account are not covered by this provision. CT\1192626EN.docx 6/174 PE641.437v02-00 EN
COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Presidency compromise 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 6. (2a) Under Regulation (EC) No C 1072/2009 certain international haulage activities are exempted from the need for a Community licence in order to enter the European road haulage market. Within the framework of the organisation of that market road haulage undertakings carrying goods in motor vehicles or combinations of vehicles which have a permissible laden mass not exceeding 2.5 tonnes should be exempted from the need for a Community licence or other carriage authorisation. article L 58 7. (2b) Although vehicles having a C permissible laden mass below a certain threshold are excluded from the scope of Regulation (EC) No 1071/2009, that Regulation gives Member States the possibility to apply part or all of article L 58 CT\1192626EN.docx 7/174 PE641.437v02-00 EN
COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Presidency compromise 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 the provisions thereof to such vehicles. CT\1192626EN.docx 8/174 PE641.437v02-00 EN
COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Presidency compromise 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 8. Amendment 111 Recital 2a (new) 9. (2a) In its impact assessment, B the Commission estimates savings for businesses in the range of EUR 2,7 to 5,2 billion in the period 2020-2035. 10. (3) Currently, Member States are (3) Currently, Member States are entitled to make access to the entitled to make access to the occupation of road transport occupation of road transport operator subject to requirements operator subject to requirements additional to those specified in additional to those specified in Regulation (EC) No 1071/2009. Regulation (EC) No 1071/2009. This This possibility has not proven to possibility has not proven to be be necessary in order to respond necessary in order to respond to to imperative needs and has led imperative needs and has led to to divergences in respect of such divergences in respect of such access. It should therefore be access. It should therefore be abolished. abolished. 11. Amendment 112 Recital 4 12. (4) It is necessary to ensure that (4) […] In order to combat the (4) In order to fight abusive B road transport operators phenomenon of so-called practices based on so-called established in a Member State ‘letterbox companies’ and "letterbox companies", it is CT\1192626EN.docx 9/174 PE641.437v02-00 EN
COM proposal, COM(2017) European Parliament/ Plenary Council/General Approach, Presidency compromise 0281 final report P8_TA-PROV(2019)0341 doc. 15084/18 have a real and continuous guarantee fair competition necessary to ensure that road presence in that Member State and a level playing field in the transport operators established in a and conduct their business from internal market, clearer Member State have a real and there. Therefore, and in light of establishment criteria, more continuous presence in that experience, it is necessary to intensive monitoring and Member State and conduct their clarify the provisions regarding enforcement, and improved business from there. Therefore, and the existence of an effective and cooperation between Member in light of experience, it is necessary stable establishment. States is necessary. […] Road to clarify the provisions regarding transport operators established the existence of an effective and in a Member State should have stable establishment and to allow a real and continuous presence Member States to introduce in that Member State and certain additional requirements actually conduct their reinforcing the necessary link transport business and between the transport operator perform substantial activities and the Member State of from there. establishment according to Therefore, and in light of specific needs, for instance in experience, it is necessary to respect of operational clarify and strengthen the infrastructure such as easily provisions regarding the accessible offices and necessary existence of an effective and parking spaces. articles L 67-93 stable establishment, while avoiding a disproportionate administrative burden. CT\1192626EN.docx 10/174 PE641.437v02-00 EN
