Tag Archives: Carriage of goods

Freedom to provide maritime transport services

Freedom to provide maritime transport services

Outline of the Community (European Union) legislation about Freedom to provide maritime transport services

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Competition > Rules applicable to specific sectors > Competition in transport

Freedom to provide maritime transport services

Document or Iniciative

Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries.

Summary

The regulation entitles nationals of European Union (EU) countries to transport passengers or goods by sea from any port in an EU country to any port (or off-shore installation) either in another EU country or in a non-EU country. The regulation gives the same rights to non-EU shipping companies controlled by nationals of an EU country, if the ships fly the flag of that EU country.

The regulation defines “maritime transport service” as the carriage of goods and passengers by sea. .

When the regulation entered into force national restrictions reserving the transport of certain goods to vessels flying the national flag had to be removed.

Equally, cargo-sharing arrangements contained in bilateral agreements with non-EU countries had to be phased out or adjusted upon entering into force of the regulation. This kind of agreements has almost entirely disappeared.

If an EU country’s nationals or shipping companies experience or risk experiencing a situation where they do not have the opportunity to ply for trade to and from a particular non-EU country, the EU country concerned will inform the other EU countries and the Commission. The Council, acting on proposal from the Commission, will then have six months to decide on the necessary action.

The Council may extend this regulation’s provisions to non-EU nationals who provide maritime transport services and are established within the EU.

The regulation enables a person to temporarily provide maritime transport services in an EU country, under identical conditions to those that the particular EU country imposes on its own nationals.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EEC) No 4055/86

1.1.1987

OJ L 378 of 31.12.1986

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EEC) No 3573/90

17.12.1990

OJ L 353 of 17.12.1990

Related Acts

Council Regulation (EEC) No 4058/86 of 22 December 1986 concerning coordinated action to safeguard free access to cargoes in ocean trades [Official Journal L 378 of 31.12.1986]

This regulation applies when action by a non-EU country or by its agents restricts free access to the transport of liner cargoes, bulk cargoes or other cargoes by shipping companies of EU countries or by ships registered in an EU country. This regulation also provides for coordinated action by the EU following a request made by an EU country to the Commission. Such action might include diplomatic representation to non-EU countries and countermeasures directed at the shipping companies concerned. Similar coordinated action can be taken at the request of another country belonging to the Organisation for Economic Cooperation and Development (OECD) with which a reciprocal arrangement has been concluded.

Report from the Commission to the Council of 24 November 1992 on the implementation of Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries [SEC(1992)2183 Final – Not published in the Official Journal].

Council Decision 87/475/EEC of 17 September 1987 relating to maritime transport between Italy and Algeria [Official Journal L 272 of 25.9.1987].

Hiring of vehicles for the carriage of goods

Hiring of vehicles for the carriage of goods

Outline of the Community (European Union) legislation about Hiring of vehicles for the carriage of goods

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Transport > Road transport

Hiring of vehicles for the carriage of goods

Document or Iniciative

Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road [Official Journal L 33 of 4.2.2006].

Summary

From a macroeconomic point of view, the use of hired vehicles * permits an optimum allocation of resources by limiting the wasteful use of factors of production.

From a microeconomic point of view, this possibility brings an element of flexibility to the organisation of transport and thus increases the productivity of the undertakings concerned.

Each Member State must allow the use within its territory of vehicles * hired by undertakings established on the territory of another Member State, provided that:

  • the vehicle has been registered or put into circulation in compliance with the laws in the latter Member State;
  • the contract relates solely to the hiring of a vehicle without a driver and is not accompanied by a service contract concluded with the same undertaking covering driving or accompanying personnel;
  • the hired vehicle is at the sole disposal of the undertaking using it during the period of the hire contract;
  • the hired vehicle is driven by personnel of the undertaking using it.

The following documents providing proof of the vehicle’s compliance with the requirements must be carried on board:

  • the contract of hire, or a certified extract from that contract giving in particular the name of the lessor, the name of the lessee, the date and duration of the contract and the identification of the vehicle;
  • where the driver is not the person hiring the vehicle, the driver’s employment contract or a certified extract from that contract giving in particular the name of the employer, the name of the employee and the date and duration of the employment contract or a recent pay slip.

The Directive does not affect the application of the rules concerning:

  • the organisation of the market for the carriage of goods by road for hire or reward and own account or access to the market and to quota restrictions on road capacities;
  • prices and conditions for the carriage of goods by road;
  • the formation of hire prices;
  • the import of vehicles;
  • the conditions governing access to the activity or occupation of road-vehicle lessor.
Key terms used in the act
  • vehicle: a motor vehicle, a trailer, a semi-trailer, or a combination of vehicles intended exclusively for the carriage of goods;
  • hired vehicle: any vehicle which, for remuneration and for a determined period, is put at the disposal of an undertaking which engages in the carriage of goods by road for hire or reward or for its own account on the basis of a contract with the undertaking which makes the vehicles available.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Directive 2006/1/EC 18.1.2006 OJ L 33 of 4.2.2006

 

Common rules for access to the international road haulage market

Common rules for access to the international road haulage market

Outline of the Community (European Union) legislation about Common rules for access to the international road haulage market

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Internal market > Single market for services

Common rules for access to the international road haulage market

Document or Iniciative

Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market.

Summary

This regulation applies to the international carriage of goods by road for hire or reward for journeys carried out within the European Union (EU). Where the carriage takes place between an EU country and a non-EU country, this regulation applies to the part of the journey on the territory of any EU country crossed in transit. It is not applicable to the part of the journey on the territory of the EU country of loading or unloading. This regulation also applies to the national carriage of goods by road carried out temporarily by a non-resident haulier *.

International carriage

International carriage is undertaken subject to possession of a Community licence and, if the driver is a non-EU national, in conjunction with a driver attestation.

A Community licence is issued by an EU country to any haulier carrying goods by road for hire or reward which is established in that EU country and is entitled to carry out the international carriage of goods by road in that EU country. The competent authorities of the EU country of establishment issue the Community licence for renewable periods of up to ten years. The licence is issued in the name of the haulier and is non-transferable.

A driver attestation is issued by the competent authorities of the EU country of establishment of the haulier to any haulier who holds a Community licence and who lawfully employs or uses a driver in that EU country who is neither an EU national nor a long-term resident. The driver attestation is valid for a period of up to a maximum of five years.

If the conditions above are not fulfilled, the competent authorities of the EU country of establishment will, by means of a reasoned decision, reject an application for the issue or renewal of a Community licence or the issue of a driver attestation. A Community licence or driver attestation will be withdrawn where the holder either no longer satisfies the conditions above or has supplied incorrect information relating to a licence or attestation application.

Cabotage

Any haulier for hire or reward who is a Community licence holder and whose driver, if a non-EU national, holds a driver attestation, is entitled to carry out cabotage operations *. After the goods concerned in an international carriage have been delivered, the hauliers have seven days in which they may undertake up to three cabotage operations. These three cabotage operations may also be carried out in transited EU countries, with a limit of one operation per country.

National road haulage services undertaken in the host EU country* by a non-resident haulier will only be subject to this regulation if the haulier can produce proof of the incoming international carriage and of each consecutive cabotage operation undertaken.

Cabotage operations are subject to national legislation in the host EU country regarding the:

  • conditions governing the transport contract;
  • weights and dimensions of road vehicles;
  • requirements concerning the carriage of certain categories of goods, in particular dangerous goods, perishable food items and live animals;
  • driving time and rest periods;
  • value added tax (VAT) on transport services.

To prevent discrimination on grounds of nationality or place of establishment, the above laws and regulations are applied equally to non-resident hauliers as they are to hauliers established in the host EU country.

Safeguard measures may be adopted by the Commission in the event of serious disturbance of national transport markets in a given geographical area either due to or aggravated by cabotage.

Sanctioning of infringements

If a haulier seriously infringes EU road transport legislation, the competent authorities of the EU country of establishment of the haulier will take the appropriate action which could constitute a warning, or may involve administrative penalties such as a withdrawal of the Community licence. If a non-resident haulier seriously infringes EU road transport legislation, the EU country in which the infringement is ascertained will inform the competent authorities of the haulier’s EU country of establishment of their final decision on the matter, including a description of the infringement, the category, type and seriousness of the infringement, and the penalties imposed. All serious infringements must be recorded in the national electronic register of road transport undertakings.

This regulation repeals Regulations Nos 881/92, 3118/93 and 2006/94.

Key terms used in the act
  • Non-resident haulier: a road haulage undertaking which operates in a host EU country.
  • Cabotage operations: national carriage for hire or reward carried out on a temporary basis in a host EU country, in conformity with this regulation.
  • Host EU country: an EU country in which a haulier operates other than the haulier’s EU country of establishment.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation No 1072/2009

4.12.2009

OJ L 300 of 14.11.2009

Goods: carriage between Member States

Goods: carriage between Member States

Outline of the Community (European Union) legislation about Goods: carriage between Member States

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Transport > Road transport

Goods: carriage between Member States

Document or Iniciative

Council Regulation (EEC) No 881/92 of 26 March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States [See amending acts].

Summary

The uniform arrangements for access to the market are based on the elimination of restrictions on service providers and a carriage authorisation scheme. They also aid progress towards the establishment of a European transport market.

Scope

These arrangements apply to the international carriage of goods by road carried out on European Union (EU) territory on behalf of a third party. For journeys linking a Member State to a third country, the arrangements apply to the journey carried out on the territory of the Member State of loading or unloading. In the latter case, an agreement between the EU and the third country in question is needed for the arrangements to apply.

Community authorisation

The Community authorisation is issued by a Member State for a period of five years to any carrier which is established in another Member State in accordance with the legislation there, and which is authorised to carry goods by road internationally.

The original copy of the authorisation is issued to the haulage company, which is the holder. The company also receives certified copies for each vehicle * that it uses. The authorisation is drawn up in the name of the carrier and is non-transferable. Copies must be kept in the vehicles and shown on demand to inspectors.

Driver attestation

The driver attestation is issued by the Member State of establishment to any haulage company which holds a Community authorisation and which in that Member State legally employs or uses drivers * who are nationals of a third country. It is issued in respect of each national of a third country employed by the company which is the holder of the authorisation. The attestation is the property of the company, which provides it to the driver of the designated vehicle.

The driver attestation is issued for a period which is laid down by the Member State of establishment. It may not, however, exceed five years.

Infringements and penalties

The Member States may check that the issuing conditions of the attestation or the authorisation are met. If this is not the case, they can refuse to issue or renew them.

Furthermore, the Member States are to inform the Commission, by 31 January of each year at the latest, of the number of companies which hold a Community authorisation and certified copies relating to vehicles on the road.

Where infringements are committed the Member States may impose penalties, such as the suspension or withdrawal of the driver attestation or the certified copies. They may also impose additional conditions on the issuing of attestations.

The Member States of establishment must also ensure that holders have the option of appealing against any penalty decision.

Key terms used in the act
  • Driver: person who drives a vehicle, or who is carried in that vehicle in order to be available for driving if necessary.
  • Vehicle: a motor vehicle registered in a Member State or a coupled combination of vehicles, the motor vehicle of which at least is registered in a Member State, used exclusively for the carriage of goods.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EEC) No 881/92 10.4.1992 OJ L 95 of 9.4.1992
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 484/2002 19.3.2002 OJ L 76 of 19.3.2002
Regulation (EC) No 1791/2006 1.1.2007 OJ L 363 of 20.12.2006

Braking devices of certain motor vehicles

Braking devices of certain motor vehicles

Outline of the Community (European Union) legislation about Braking devices of certain motor vehicles

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Internal market > Motor vehicles > Technical harmonisation for motor vehicles

Braking devices of certain motor vehicles (until 2014)

Document or Iniciative

Council Directive 71/320/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and of their trailers [See amendingacts].

Summary

This Directive lays down the procedures relating to EC type-approval for the braking devices of certain vehicles.

This Directive concerns any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 km/h, and its trailers, falling into categories M (M1, M2, M3), N (N1, N2, N3) and O (O1, O2, O3, O4).

Braking device means the combination of parts whose function is progressively to reduce the speed of a moving vehicle or to bring it to a halt, or to keep it stationary if it is already halted.

The braking device defined must fulfil the following conditions:

  • Service braking: allows the driver to control the movement of the vehicle without removing his hands from the steering control,
  • Secondary braking: allows the driver to halt the vehicle while keeping at least one hand on the steering control.
  • Stationary braking: enables the vehicle to be held stationary.

A braking device must have at least two controls which are independent of each other. The control of the service braking device must be independent of the control of the parking braking device.

The Directive also lays down safety requirements, a procedure for testing the efficiency of braking devices and a system of vehicle testing.

No Member State may refuse to grant EC type approval or national type approval of a vehicle on grounds relating to its braking devices if that vehicle is fitted with the devices specified in the Annexes to the Directive and if the devices satisfy the requirements set out therein.

This Directive is repealed by Regulation (EC) No 661/2009 from 1 November 2014.

References

Act Entry into force Deadline for implementation in the Member States Official Journal

Directive 71/320/EEC

30.7.1971

30.0.1973

OJ L 202 of 6.9.1971

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Directive 85/647/EEC

23.12.1985

10.10.1986

OJ L 380 of 31.12.1985

Directive 98/12/EC

7.4.1998

31.12.1998

OJ L 81 of 18.3.1998

The successive amendments and corrections to Council Directive 71/320/EEC have been integrated into the original text. This consolidated version is for reference only.

The Marco Polo II programme

The Marco Polo II programme

Outline of the Community (European Union) legislation about The Marco Polo II programme

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Environment > Tackling climate change

The Marco Polo II programme

Document or Iniciative

Regulation (EC) No 1692/2006 of the European Parliament and of the Council of 24 October 2006 establishing the second Marco Polo programme for the granting of Community financial assistance to improve the environmental performance of the freight transport system (Marco Polo II) and repealing Regulation (EC) No 1382/2003 [See amending act].

Summary

The Marco Polo II programme pursues the same objectives as the first Marco Polo programme. It is designed to reduce congestion and improve the environmental performance of the intermodal transport system, thereby contributing to an efficient and sustainable transport system which provides European Union (EU) added value without having a negative impact on economic, social or territorial cohesion. However, Marco Polo II includes some new features.

The Marco Polo II programme provides for wider geographical coverage. It covers actions involving the territory of at least two EU countries or the territory of at least one EU country and the territory of a close non-EU country.

The following actions are eligible:

  • catalyst actions: actions aimed at overcoming significant structural barriers in the EU freight transport market which impede the efficient functioning of the markets, the competitiveness of short sea shipping, rail or inland waterway transport, and/or the efficiency of transport chains which make use of these modes. They are aimed at improving synergies in the rail, inland waterway and short sea shipping sectors, including motorways of the sea, by making better use of existing infrastructure;
  • modal shift actions: actions aimed at shifting freight from road to short sea shipping, rail, inland waterways or a combination of modes of transport. The objective is to keep road journeys as short as possible;
  • common learning actions: actions aimed at improving cooperation for structurally optimising working methods and procedures in the freight transport chain, taking the requirements of logistics into account;
  • motorways of the sea: an idea introduced by the 2001 White Paper on European transport policy. Motorways of the sea are aimed at directly shifting a proportion of freight from road to short sea shipping or a combination of short sea shipping and other modes of transport in which road journeys are as short as possible. For example, motorways of the sea could be established between France and Spain to eliminate the road traffic bottleneck in the Pyrenees;
  • traffic avoidance actions: any innovative action aimed at integrating transport into the production logistics of businesses to avoid a large percentage of freight transport by road without adversely affecting production output or workforce capability.

The Commission is also examining the possibility of supporting the creation or modification of ancillary infrastructure which is required and appropriate for the successful completion of projects.

Actions must be submitted by undertakings or consortia established in EU countries or participating countries, which includes candidate countries for EU accession and EFTA, EEA and close non-EU countries subject to certain conditions. Undertakings established outside of the participating countries above may be associated with a project, but may not receive EU funding under the programme. Aid for the launch of actions must be transparent, objective and clearly delimited. EU financial assistance is based on the number of tonne-kilometres transferred from the road to other means of sea or land transport or the number of vehicle-kilometres of road freight avoided. The objective is to reward high-quality projects. Distortions of competition must be avoided in the selection procedure.

The programme pays special attention to sensitive and metropolitan areas. The Commission evaluates the actions submitted, taking account of their contribution to reducing road congestion, but also their relative environmental merits and their overall sustainability.

The EU financial assistance for the various actions is limited to a maximum of 35 % of the total expenditure necessary to achieve the objectives of the action and incurred as a result of it. In the case of common learning actions, the ceiling is 50 %. The Marco Polo II programme has a wider scope than its predecessor and a larger budget of EUR 400 million.

The Commission must present an evaluation report on the results of the Marco Polo I programme for the period 2003 to 2006 by 30 June 2007.

Background

The Marco Polo II programme, which covers the period 2007 to 2013, is an extended version of the initial programme set up in 2003, which was oversubscribed and inadequately funded: in the four selection procedures for the first Marco Polo programme the Commission received proposals covering a level of assistance of EUR 468 million but only had a budget of EUR 100 million.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1692/2006

14.12.2006

OJ L 328, 24.11.2006

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 923/2009

10.10.2009

OJ L 266, 9.10.2009

Successive amendments and corrections to Regulation (EC) No 1692/2006 have been incorporated in the basic text. This consolidated versionis for reference purposes only.

Road transport operators: conditions for the pursuit of the occupation

Road transport operators: conditions for the pursuit of the occupation

Outline of the Community (European Union) legislation about Road transport operators: conditions for the pursuit of the occupation

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Transport > Road transport

Road transport operators: conditions for the pursuit of the occupation

Document or Iniciative

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 (Text with EEA relevance).

Summary

This Regulation lays down provisions relating to the occupation of road transport operator, which includes the occupations of haulage operator *
and passenger transport operator *
. It applies to all undertakings engaged in this occupation within the European Union (EU) and to undertakings which intend to engage in the occupation.

The Regulation does not apply to undertakings:

  • engaged in the occupation of road haulage operator using vehicles the mass of which does not exceed 3.5 tonnes;
  • engaged in road passenger transport services on a not-for-profit basis;
  • engaged in the occupation of road transport operator using vehicles with a speed not exceeding 40 km/h.

Role of the transport manager

Every road transport undertaking shall designate a transport manager who shall be responsible for continuously managing the transport activities of the undertaking. The transport manager shall be resident in the EU and shall have a genuine link to the undertaking, for example as an employee, administrator or shareholder.

Requirements for engagement in the occupation of road transport operator

An undertaking wishing to engage in this occupation shall have an establishment with an operating centre where it can keep all of the documents required for the pursuit of its business, and one or more vehicles registered in accordance with national legislation.

In addition, the undertaking and the manager in particular shall be deemed to be of good repute, in other words they shall not have been convicted for any infringement of national rules in certain fields, such as:

  • commercial law;
  • road traffic;
  • trafficking in human beings or drugs.

The undertaking shall not have infringed Community rules in fields such as:

  • the driving time and rest periods of drivers;
  • the roadworthiness of commercial vehicles;
  • safety in the carriage of dangerous goods by road;
  • driving licences.

The undertaking must be able to meet its financial obligations. To do so, it shall have at its disposal, every year, capital and reserves totalling at least EUR 9 000 when only one vehicle is used, increased by EUR 5 000 for each additional vehicle.

The manager of the undertaking shall have passed a compulsory written examination which may be supplemented by an oral examination.

Authorisation and monitoring

Member States shall designate one or more competent authorities responsible for:

  • examining applications made by undertakings;
  • granting authorisations to engage in the occupation of road transport operator;
  • declaring a person to be fit or unfit to manage the transport activities of an undertaking;
  • checking that the undertaking fulfils all the relevant requirements.

The competent authorities shall also be responsible for following up undertakings’ applications for registration within three months. They shall be empowered to declare an undertaking unfit to manage transport activities.

Simplification and administrative cooperation

Each Member State shall keep a national electronic register of undertakings authorised to engage in the occupation of road transport operator. The competent national authorities shall be responsible for supervising the data in that register, which shall comprise in particular:

  • the name and legal form of the undertaking;
  • the address of its establishment;
  • the names of the designated transport managers;
  • the type of authorisation and the number of vehicles;
  • the number, category and type of serious infringements;
  • the names of any persons declared to be unfit to manage the transport activities of an undertaking.

The national registers shall be interconnected such that information may be exchanged electronically between the competent authorities of Member States.

This data may be communicated upon request or shall be directly accessible in compliance with the Directive on the protection of personal data.

Member States shall have the option of exchanging information using a national contact point designated for that purpose.

Transitional provisions

Undertakings which have obtained an authorisation to engage in the occupation of road transport operator before 4 December 2009 shall comply with the provisions of this Regulation by 4 December 2011.

This Regulation repeals Directive 96/26/EC.

Key terms of the Act
  • Occupation of road haulage operator: the activity of any undertaking transporting goods for hire or reward by means either of motor vehicles or combinations of vehicles;
  • Occupation of road passenger transport operator: the activity of any undertaking operating, by means of motor vehicles so constructed and equipped as to be suitable for carrying more than nine persons, including the driver, and intended for that purpose, passenger transport services for the public or for specific categories of users in return for payment by the person transported or by the transport organiser.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1071/2009

4.12.2009

OJ L 300 of 14.11.2009

Insurance for air carriers and aircraft operators

Insurance for air carriers and aircraft operators

Outline of the Community (European Union) legislation about Insurance for air carriers and aircraft operators

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for services > Financial services: insurance

Insurance for air carriers and aircraft operators

Document or Iniciative

Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators [See amending act(s)].

Summary

The objective of this regulation is to establish minimum insurance requirements for air carriers and aircraft operators in respect of passengers, baggage, cargo and third parties, for both commercial and private flights.

With regard to the carriage of mail, the insurance requirements are those set out in Regulation (EEC) No 1008/2008 and in the national laws of the European Union (EU) countries.

Scope

This regulation applies to all air carriers and to all aircraft operators flying within, into, out of, or over the territory of an EU country.

This regulation does not apply to:

  • state aircraft (military, Customs department or police aircraft);
  • model aircraft with an MTOM * of less than 20 kg;
  • foot-launched flying machines (including powered paragliders and hang gliders);
  • captive balloons;
  • kites;
  • parachutes (including parascending parachutes);
  • aircraft, including gliders, with an MTOM of less than 500 kg, and microlights, which are used for non-commercial purposes, or for flight instruction (in so far as the insurance obligations under this Regulation relating to the risks of war and terrorism are concerned).

This regulation is intended to apply to Gibraltar airport. The Governments of Spain and the United Kingdom will inform the Council of the date of application.

Principles of insurance

This regulation requires air carriers and aircraft operators to be insured, in particular in respect of passengers, baggage, cargo and third parties, to cover the risks associated with aviation-specific liability (including acts of war, terrorism, hijacking, acts of sabotage, unlawful seizure of aircraft and civil commotion).

This regulation is without prejudice to the rules on liability as arising from international Conventions, EU law and the national law of the EU countries.

Compliance

Air carriers and, when so required, aircraft operators, must demonstrate compliance with the insurance requirements set out in this regulation by providing the competent authorities of the EU country concerned * with a an insurance certificate or other evidence of valid insurance.

Insurance in respect of liability for passengers, baggage and cargo

For liability in respect of passengers, the minimum insurance cover must be 250 000 SDRs * per passenger. However, in respect of non-commercial operations by aircraft with a MTOM of 2 700 kg or less, EU countries may set a lower level of minimum insurance cover, provided that such cover is at least 100 000 SDRs per passenger.

For liability in respect of baggage, the minimum insurance cover must be 1 131 SDRs per passenger in commercial operations.

For liability in respect of cargo, the minimum insurance cover must be 19 SDRs per kilogram in commercial operations.

The levels of cover set out above do not apply with respect to flights over the territory of the EU country carried out by non-EU air carriers and by aircraft operators using aircraft registered outside the EU which do not involve a landing on, or take-off from, such territory.

Insurance in respect of liability for third parties

For liability in respect of third parties, the minimum insurance cover per accident and per aircraft must be:

Category MTO(kg) Minimum insurance(million SDRs)
1 ‹ 500 0,75
2 ‹ 1 000 1,5
3 ‹ 2 700 3
4 ‹ 6 000 7
5 ‹ 12 000 18
6 ‹ 25 000 80
7 ‹ 50 000 150
8 ‹ 200 000 300
9 ‹ 500 000 500
10 ≥ 500 000 700

Enforcement and sanctions

EU countries must ensure that air carriers and aircraft operators comply with the regulation.

With respect to overflights by non-EU air carriers or aircraft registered outside the EU which do not involve a landing on or take-off from any EU country, as well as with respect to stops in EU countries by such aircraft for non-traffic purposes, the EU country concerned may request evidence of compliance with the insurance requirements laid down in this regulation.

Sanctions imposed by EU countries for infringement of this regulation must be effective, proportional and dissuasive. For EU air carriers, these sanctions may include the withdrawal of the operating licence. With regard to non-EU air carriers and to aircraft operators using aircraft registered outside the EU, the sanctions may include refusal of the right to land on the territory of an EU country.

Where EU countries are not satisfied that the conditions of this regulation are met, they must prohibit an aircraft from taking off until the air carrier or aircraft operator concerned has produced evidence of adequate insurance cover.

Key terms used in the act
  • “MTOM” means Maximum Take Off Weight, which corresponds to a certified amount specific to all aircraft types as stated in the certificate of airworthiness of the aircraft.
  • “EU country concerned” means the EU country which has granted the operating licence to the EU air carrier or the EU country where the aircraft of the aircraft operator is registered. For non-EU air carriers and aircraft operators using aircraft registered outside the EU, it means the EU country to or from which the flights are operated.
  • “SDR” means a Special Drawing Right or a potential claim on the freely usable currencies of International Monetary Fund members (SDR as defined by the IMF).

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 785/2004

30.4.2005

OJ L 138 of 30.4.2004.

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1137/2008

11.12.2008

OJ L 311 of 21.11.2008

Regulation (EC) No 285/2010

8.4.2010

OJ L 87 of 7.4.2010

Successive amendments and corrections to Regulation (EC) No 785/2004 have been incorporated in the basic text. This consolidated version is for reference purposes only.

Related Acts

Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community [Official Journal L 293 of 31.10.2008].

Communication from the Commission to the European Parliament and the Council – ‘Insurance requirements for aircraft operators in the EU – A Report on the operation of Regulation 785/2004’ [COM(2008) 216 final – not published in the Official Journal].

Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents (Text with EEA relevance) [Official Journal L 140 of 30.05.2002].

This regulation deals with the liability of air carriers in respect of passengers, and has applied since the entry into force of the Montreal Convention in the European Union on 30 April 2004.

Council Decision 2001/539/EC of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) [Official Journal L 194 of 18.07.2001].

With Council Decision 2001/539/EC the Community concluded the Convention for the Unification of Certain Rules Relating to International Carriage by Air, agreed at Montreal on 28 May 1999, which lays down new rules on liability in respect of the international carriage by air of persons, baggage and cargo.

Abolition of customs formalities at internal frontier crossings for NATO military equipment

Abolition of customs formalities at internal frontier crossings for NATO military equipment

Outline of the Community (European Union) legislation about Abolition of customs formalities at internal frontier crossings for NATO military equipment

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Customs

Abolition of customs formalities at internal frontier crossings for NATO military equipment

Document or Iniciative

Council Regulation (EEC) No 3648/91 of 13 December 1991 laying down the procedures governing the use of Form 302 and repealing Regulation (EEC) No 3690/86 concerning the abolition within the framework of the TIR Convention of customs formalities on exit from a Member State at a frontier between two Member States, and Regulation (EEC) No 4283/88 on the abolition of certain exit formalities at internal Community frontiers – introduction of common border posts

Summary

Where goods are transported within the Community under the cover of Form 302 (established under the convention between the parties to the North Atlantic Treaty on the status of their forces) the Community shall be considered, for the purposes of the rules governing the use of the said form for such transport, to form a single territory.

Where, in the course of a transport operation, goods pass through the territory of a third country, the checks and formalities inherent in Form 302 shall be applied at the points where the goods temporarily leave the customs territory of the Community and where they re-enter that territory.

The Regulation lays down the steps to be followed where it is found that, in the course of, or in connection with, a transport operation carried out under cover of Form 302, an offence or an irregularity has been committed. The Member States shall take the necessary measures to deal with any offence or irregularity and to impose effective penalties.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EEC) No 3648/91 20.12.1991 OJ L 348 of 17.12.1991