Tag Archives: Common transport policy

Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

Outline of the Community (European Union) legislation about Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

Topics

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

Transport > Bodies and objectives

Roadmap to a Single European Transport Area: Towards a competitive and resource efficient transport system

Document or Iniciative

Commission White Paper of 28 March 2011: “Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system” [COM (2011) 144 final – Not published in the Official Journal].

Summary

In this White Paper, the Commission sets out to remove major barriers and bottlenecks in many key areas across the fields of transport infrastructure and investment, innovation and the internal market. The aim is to create a Single European Transport Area with more competition and a fully integrated transport network which links the different modes and allows for a profound shift in transport patterns for passengers and freight. To this purpose, the roadmap puts forward 40 concrete initiatives for the next decade, explained in detail in the Commission Staff Working Document accompanying the White Paper.

The White Paper shows how we can achieve the transformation of our transport system, keeping our objective to reduce CO2 emissions by 60 % by 2050 through:

  • developing and deploying new and sustainable fuels and propulsion systems;
  • optimising the performance of multimodal logistic chains, including by making greater use of more energy-efficient modes;
  • increasing the efficiency of transport and of infrastructure use with information systems (including SESAR and Galileo) and market-based incentives (such as the application of “user pays” and “polluter pays” principles).

It also sets ten goals to guide policy and measure our progress inter alia on:

  • phasing out conventionally fuelled cars and trucks from cities by 2050;
  • shifting 30 % of medium and long distance road freight to other modes by 2030;
  • using cars for less than half of middle distance travel by 2050; or
  • halving road traffic deaths by 2020 and achieving near-zero casualties in road transport by 2050.

In order to implement the above goals, a genuine single European transport area needs to be established by eliminating all existing barriers between modes and national systems, easing the process of integration and facilitating the emergence of multinational and multimodal operators. A single European transport area would facilitate the movement of EU citizens and freight, reduce costs and improve the sustainability of EU transport. A transformation of the current European transport system will only be possible through a combination of initiatives at all levels and covering all transport modes.

In air transport, the initiatives include the completion of the Single European Sky, the deployment of the future European air traffic management system (SESAR), as well as revising the Slot Regulation to make more efficient use of airport capacity. In rail transport, the initiatives include the development of a Single European Railway Area, opening the domestic rail passengers market to competition, and establishing an integrated approach to freight corridor management. In maritime transport, the European Maritime Transport Space without Barriers should be further developed into a “Blue Belt” of free maritime movement both in and around Europe, with waterborne transport being used to its full potential. In road transport, the initiatives include the review of the market situation of road freight transport as well as the degree of convergence on road user charges, social and safety legislation, transposition and enforcement of legislation in EU countries.

The Commission also proposes initiatives concerning e-Freight, the EU approach to jobs and working conditions across transport modes, security of cargo and land transport. Proposed initiatives also aim to improve the safety in all transport modes, including civil aviation safety and the transport of dangerous goods.

Innovation is also paramount to this strategy and the EU recognises the need to promote the development and use of new technologies. The Commission therefore proposes a regulatory framework for innovative transport, including:

  • appropriate standards for CO2 emissions of vehicles in all transport modes;
  • vehicle standards for noise emission levels;
  • public procurement strategies to ensure rapid up take of new technologies;
  • rules on the interoperability of charging infrastructure for clean vehicles;
  • guidelines and standards for refuelling infrastructures.

One of the White Paper’s top priorities is to complete the trans-European transport network: TEN-T. This is essential for creating employment and economic growth because the network aims to provide a seamless chain linking all modes of transport – air, rail, road and sea.

Finally, to promote sustainable behaviour in EU transport, the White Paper puts forward the following initiatives:

  • promote awareness of alternative means of transport (walking, cycling, car sharing, park & ride, intelligent ticketing);
  • review and develop vehicle labelling for CO2 emissions and fuel efficiency;
  • encourage carbon footprint calculators, allowing better choices and easier marketing of cleaner transport solutions;
  • include eco-driving requirements in the future revisions of the driving licence directive;
  • consider reducing maximum speed limits of light commercial road vehicles, to decrease energy consumption and enhance road safety.

Internalisation of external transport costs

Internalisation of external transport costs

Outline of the Community (European Union) legislation about Internalisation of external transport costs

Topics

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

Transport > Bodies and objectives

Internalisation of external transport costs

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions of 8 July 2008 “Strategy for the internalisation of external costs” [COM(2008) 435 final – Not published in the Official Journal].

Summary

Transport users have to pay the costs related to the use of their mode of transport (fuel, insurance, etc.). Such costs are considered private in the sense that they are paid directly by the user. Transport users also generate external costs, negative externalities (delays as a result of congestion, health problems caused by noise and air pollution, greenhouse gas emissions, etc.), which they do not bear directly and which have a cost to society as a whole. The sum of the private and external costs of transport gives its social
cost.

Internalisation involves reflecting the external costs in the price of transport. However, only a price based on the total social costs will take account of the services used and the consumption of resources. The aim is to make users more aware of the costs they generate and to encourage them to change their behaviour in order to reduce them.

Instruments

The main economic instruments for internalising external costs are taxation, tolls and CO2 emissions trading. However, each external cost has specific characteristics which require the use of appropriate instruments. Some external costs relate to the use of infrastructure, vary according to time and place and are highly localised (congestion, noise, accidents and pollution). This justifies the use of differentiated charging which takes these variations into account. Other external costs, such as climate change, are global and a result of energy consumption. It is therefore more appropriate to use an instrument directly linked to that consumption, such as a fuel tax.

The Commission points out that ensuring that the internal market continues to function properly, a basic principle of the European Union (EU), is essential. Consequently, it must avoid overcharging as this could hamper freedom of movement. Fragmentation of the market must also be avoided. Setting commonprinciplesfor all Member States, together with a monitoring system, should prevent any discrimination and ensure market transparency.

General principles for internalisation

The accepted general principle for the internalisation of external transport costs is “social marginal cost charging”. According to this approach, transport prices should correspond to the additional short-term cost generated by one extra person using the infrastructure. Charging based on the additional costs imposed on society would help ensure fair treatment of both transport users and non-users and would create a direct link between the use of shared resources and payment on the basis of the “polluter pays” and “user pays” principles. The Commission proposes common principles and a common methodology for calculating the external costs of congestion, air pollution, noise and climate change.

As it would be difficult for one internalisation mechanism to be applicable to all forms of transport, the Commission anticipates that the same principle will be applied using different instruments.

Road haulage sector

The Commission proposes revising the “Eurovignette” Directive (see related acts) in order to enable internalisation of external costs. Furthermore, the Commission will propose an Intelligent Transport System Action Plan aimed at increasing the use of technology. Finally, the Commission is to adopt Decisions to implement interoperability of electronic toll systems, as provided for in Directive 2004/52/EC.

Urban mobility

Following the debate launched by the publication of the Green Paper on urban transport, the Commission will start to implement actions on sustainable urban mobility.

Passenger cars

A proposal on passenger car related taxes is under discussion. In particular, it provides for the restructuring of existing taxes in order to take CO2 emissions into account.

Rail transport

Directive 2001/14/EC already allows internalisation of external costs, under certain conditions. Moreover, the Commission has published a Communication on noise reduction measures (see related acts).

Air transport

The Commission put forward a proposal to include CO2 emissions from the aviation sector in the European Emissions Trading System (ETS) and is drawing up another proposal aimed at reducing nitrogen oxide (NOx) emissions. Finally, as part of the “airport package”, the Commission put forward a Directive on airport charges, which could include differentiated charging on the basis of environmental damage.

Maritime transport and inland waterways

The Commission may put forward a proposal to include the maritime sector in the ETS. With regard to inland waterways, the Commission points out that the internalisation of external costs could revitalise inland waterway transport, given the energy efficiency of this mode of transport.

Use of revenue

The Commission points out that there is a considerable need for funding to make transport sustainable (research, innovation, infrastructure, development of public transport, etc.). It believes that revenue generated by internalisation should be earmarked for the transport sector and the reduction of external costs.

RELATED ACTS

Communication from the Commission to the European Parliament and the Council of 8 July 2008 on “Greening Transport

[COM(2008) 433 final – Not published in the Official Journal].

Communication from the Commission to the European Parliament and the Council of 8 July 2008 on “Rail noise abatement measures addressing the existing fleet”
[COM(2008) 432 final – Not published in the Official Journal].
As part of measures to tackle noise pollution, the Commission is putting forward a proposal to launch a programme to reduce noise pollution generated by freight trains. In order to encourage railway undertakings to proceed with retrofitting wagons, the Commission considers putting in place noise-differentiated track access charges, in particular. In the course of the recast of Directive 2001/14/EC, the Commission will propose legal requirements for the implementation of such charges, following the principle that infrastructure charges can take account of the cost of the environmental impact of train operations.

Proposal for a Directive of the European Parliament and of the Council of 8 July 2008 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures
[COM(2008) 436 final – Not published in the Official Journal].
The revision of the “Eurovignette” Directive should enable Member States to internalise costs related to pollution and congestion caused by heavy goods (external costs). They will also be able to integrate an amount which reflects the cost of air and noise pollution caused by traffic and the cost of congestion imposed upon other vehicles into tolls levied on heavy goods vehicles. The amounts will vary depending on the Euro emission category, the distance travelled, the location and time of use of roads. Member States must use the revenue gained in this way on projects related to developing sustainable transport. The charge must be collected through electronic systems which do not create hindrance to the free flow of traffic or local nuisance at tollbooths. Moreover, the scope of the Directive is intended to extend beyond the trans-European transport network.

Protection of pedestrians and vulnerable road users

Protection of pedestrians and vulnerable road users

Outline of the Community (European Union) legislation about Protection of pedestrians and vulnerable road users

Topics

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

Internal market > Motor vehicles > Technical implications of road safety

Protection of pedestrians and vulnerable road users

Document or Iniciative

Regulation (EC) No 78/2009 of the European Parliament and of the Council of 14 January 2009 on the type-approval of motor vehicles with regard to the protection of pedestrians and other vulnerable road users, amending Directive 2007/46/EC and repealing Directives 2003/102/EC and 2005/66/EC (Text with EEA relevance).

Summary

This Regulation lays down requirements for the construction and functioning of motor vehicles and frontal protection systems *. The aim is to reduce the number and severity of injuries to pedestrians and other vulnerable road users hit by the front of a vehicle.

To which types of vehicle does the Regulation apply?

This Regulation applies to:

  • motor vehicles of category M1 defined in Annex II of the Directive on the EC type-approval system for motor vehicles;
  • motor vehicles of category N1 defined in Annex II of the above-mentioned Directive;
  • frontal protection systems of those vehicles, fitted as original equipment to the vehicles or supplied as separate units.

What are the obligations of the manufacturers?

Manufacturers shall ensure that vehicles placed on the market are equipped with a type-approved brake assist system (BAS) *. They may add a frontal protection system which must comply with the criteria laid down in this Regulation. They shall communicate data on the specifications and test conditions of the vehicles to the vehicle approval authorities.

The manufacturer shall submit to the authorities an application for EC type-approval in the form of an information document containing general information, construction characteristics and information relating to the bodywork of the vehicle.

What are the obligations of the authorities of the Member States?

The approval authority shall grant EC type-approval by type of vehicle where the relevant requirements are met by the manufacturer. Three types of letter are granted according to the requirements met by the vehicle, namely letter A (corresponding to the first level of minimum protection), B (corresponding to the second level of protection) or X (corresponding to a level of protection for certain specific vehicles).

National authorities shall not grant EC type-approval if the frontal protection system does not meet the relevant requirements laid down in this Regulation. On the other hand, vehicles equipped with collision avoidance systems may not have to fulfil the test requirements laid down in this Regulation in the future, upon assessment by the European Commission.

Context

This Regulation repeals Directives 2003/102/EC and 2005/66/EC.

Key terms of the Act
  • Frontal protection system: a separate structure or structures, such as a bull bar, or a supplementary bumper which, in addition to the original-equipment bumper, is intended to protect the external surface of the vehicle from damage in the event of a collision with an object. Structures having a mass of less than 0.5 kg, intended to protect only the vehicle’s lights, are excluded from this definition.
  • Brake assist system (BAS): a braking system with an anti-lock device (ABS) which detects in a fraction of a second that the driver is attempting an emergency brake and triggers the brake automatically in order to achieve the shortest possible braking distance.

Reference

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

Regulation (EC) No 78/2009

24.2.2009

OJ L 35 of 4.2.2009

Framework for creation of the Single European Sky

Framework for creation of the Single European Sky

Outline of the Community (European Union) legislation about Framework for creation of the Single European Sky

Topics

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

Environment > Tackling climate change

Framework for creation of the Single European Sky (SES)

Document or Iniciative

Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the Single European Sky (‘Framework Regulation’) — Statement by the Member States on military issues related to the Single European Sky [See amending act(s)].

Summary

This regulation forms part of a package of legislation on air traffic management designed to create a single European sky by 31 December 2004. The objective of the single European sky is to ensure an optimum use of European airspace to meet the requirements of all airspace users.

The ‘Single European Sky’ package consists of this framework regulation plus three technical regulations on the provision of air navigation services, organisation and use of the airspace and the interoperability of the European air traffic management network. These regulations are designed, in particular, to improve and reinforce safety and to restructure the airspace on the basis of traffic instead of national frontiers.

The objective of this regulation is to enhance current safety standards and overall efficiency for general air traffic in Europe, to optimise capacity meeting the requirements of all airspace users and to minimise delays.

National supervisory authorities

EU countries must, jointly or individually, nominate or establish one or more bodies as their national supervisory authorities to perform the tasks assigned to such authorities. These authorities must be independent of air navigation service providers.

Single Sky Committee

A Single Sky Committee is established on the entry into force of this regulation to assist the Commission with management of the Single European Sky and make sure that due account is taken of the interests of all categories of users. It consists of two representatives of each EU country and is chaired by a representative of the Commission.

Military issues

The EU countries adopted a general statement on military issues related to the Single European Sky. According to this, they will enhance civil/military cooperation to the extent deemed necessary by all EU countries concerned.

Industry consultation body

The industry consultation body advises the Commission on the implementation of the Single European Sky.

It is made up of representatives of air navigation service providers, associations of airspace users, airport operators, the aviation manufacturing industry and professional staff representative bodies.

Implementing rules

Eurocontrol is involved in the development of implementing rules which fall within its remit, on the basis of mandates agreed by the Single Sky Committee.

Performance review

The establishment of a performance scheme aims to improve the performance of air navigation services and network functions in the single European sky. It will consist of:

  • European-wide performance targets in the key areas of safety, environment, capacity and cost-efficiency;
  • national plans including performance targets to ensure consistency with the European-wide performance targets;
  • periodic review and monitoring of the performance of air navigation services and network functions.

Safeguards

Finally, this regulation does not prevent EU countries from applying measures needed to safeguard essential security or defence policy interests.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 549/2004

20.4.2004

OJ L 96 of 31.3.2004

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1070/2009

4.12.2009

OJ L 300 of 14.11.2009

Related Acts

Commission Regulation (EU) No 255/2010 of 25 March 2010 laying down common rules on air traffic flow management [Official Journal L 80 of 26.3.2010].

Commission Regulation (EU) No 73/2010 of 26 January 2010 laying down requirements on the quality of aeronautical data and aeronautical information for the single European sky [Official Journal L 23 of 27.1.2010].

Commission Regulation (EC) No 262/2009 of 30 March 2009 laying down requirements for the coordinated allocation and use of Mode S interrogator codes for the single European sky [Official Journal L 84 of 31.3.2009].

Commission Regulation (EC) No 29/2009 of 16 January 2009 laying down requirements on data link services for the single European sky [Official Journal L 13 of 17.1.2009].

Commission Regulation (EC) No 482/2008 of 30 May 2008 establishing a software safety assurance system to be implemented by air navigation service providers and amending Annex II to Regulation (EC) N° 2096/2005 [Official Journal L 141 of 31.5.2008].

Commission Regulation (EC) No 1315/2007 of 8 November 2007 on safety oversight in air traffic management and amending Regulation (EC) N° 2096/2005 [Official Journal L 291 of 9.11.2007].

Commission Regulation (EC) No 1265/2007 of 26 October 2007 laying down requirements on air-ground voice channel spacing for the single European sky [Official Journal L 283 of 27.10.2007].

Commission Regulation (EC) No 633/2007 of 7 June 2007 laying down requirements for the application of a flight message transfer protocol used for the purpose of notification, coordination and transfer of flights between air traffic control units

Commission Regulation (EC) No 1794/2006 of 6 December 2006 laying down a common charging scheme for air navigation services [Official Journal L 341 of 7.12.2006].

Commission Regulation (EC) No 1032/2006 of 6 July 2006 laying down requirements for automatic systems for the exchange of flight data for the purpose of notification, coordination and transfer of flights between air traffic control units [Official Journal L 186 of 7.7.2006].

Commission Regulation (EC) No 1033/2006 of 4 July 2006 laying down the requirements on procedures for flight plans in the pre-flight phase for the single European sky [Official Journal L 186 of 7.7.2006].

Commission Regulation (EC) No 730/2006 of 11 May 2006 on airspace classification and access of flights operated under visual flight rules above flight level 195

Commission Regulation (EC) No 2150/2005 of 23 December 2005 laying down common rules for the flexible use of airspace [Official Journal L 342 of 24.12.2005].

Commission Regulation (EC) No 2096/2005 of 20 December 2005 laying down common requirements for the provision of air navigation services [Official Journal L 335 of 21.12.2005].

Programme for the promotion of short sea shipping

Programme for the promotion of short sea shipping

Outline of the Community (European Union) legislation about Programme for the promotion of short sea shipping

Topics

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

Environment > Tackling climate change

Programme for the promotion of short sea shipping

Document or Iniciative

Communication from the Commission: Programme for the Promotion of Short Sea Shipping [COM(2003) 155 final – Not published in the Official Journal].

Summary

The White Paper on European transport policy for 2010 highlights the role that short sea shipping can play in curbing the growth of heavy goods vehicle traffic, rebalancing the modal split and bypassing land bottlenecks. The development of short sea shipping can also help to reduce the growth of road transport, restore the balance between modes of transport, bypass bottlenecks and contribute to sustainable development and safety.

The Commission’s programme contains a set of 14 actions subdivided into measures, and mentions the actors responsible and the timetable (2003-2010) for each measure. The programme describes legislative, technical and operational initiatives which are aimed at developing short sea shipping at EU, national, regional and industry levels.

The legislative actions consist of:

  • implementation of the Directive on reporting formalities for ships arriving in and/or departing from ports of EU countries – this directive simplifies the administrative procedures applied to maritime transport by requiring EU countries to recognise the standard International Maritime Organisation (IMO) FAL forms which make it possible to obtain all the necessary information regarding a ship’s arrival and departure in document form. This directive on reporting formalities has now been replaced by Directive 2010/65/EU which establishes a standard electronic transmission of data;
  • implementation of the Marco Polo programme – the Marco Polo and Marco Polo II programme, with an average annual budget of €18.75 million, is aimed at shifting 12 billion tonne-kilometres a year of road freight to short sea shipping, rail and inland waterways;
  • standardisation and harmonisation of intermodal loading units – the multitude of different configurations of intermodal loading units (containers and swap-bodies) creates delays when moving from one mode of transport to another;
  • development of ‘motorways of the sea’ – motorways of the sea should make it possible to bypass land bottlenecks in Europe as part of comprehensive door-to-door logistics chains, by offering efficient, regular and frequent services that can compete with road, particularly in terms of transit time and price;
  • improvement of the environmental performance of short sea shipping – maritime transport is, in general, less harmful to the environment per tonne or passenger carried. A modal shift to short sea shipping could, for example, contribute to fulfilling the objectives of the Kyoto Protocol;

The technical actions consist of:

  • a guide to customs procedures for short sea shipping – the Commission has published a guide to customs procedures for short sea shipping which has a dual purpose: firstly, to explain the customs rules, indicating opportunities for using simplified procedures (the basis for the second objective) and, secondly, to identify specific needs for further simplification;
  • identification and elimination of obstacles to making short sea shipping more successful – since 1999 the Commission has been making a list of the factors hampering the development of short sea shipping. These obstacles can be classified into five categories: its old-fashioned image, its complex administrative procedures, the lack of efficiency at ports, inconsistency in the application of rules and procedures among EU countries and the fact that it is not integrated into the intermodal logistics chain;
  • alignment of the national application and computerisation of EU customs procedures – the ‘eCustoms’ initiative is aimed at speeding up and simplifying the procedures involved in declaring cargo. One of the first tasks in this initiative is to implement the New Computerised Transit System (NCTS), which will replace the paperwork required by the Single Administrative Document (SAD) procedure, in some 3 000 customs offices in 22 countries;
  • research and technological development – the objectives of this research are to improve the quality, safety, security and environmental performance of maritime transport. A thematic network for short sea shipping has been established within the framework of the Sixth Framework Programme, to carry out research directly related to short sea shipping.

The operational actions consist of:

  • One-Stop Administrative Shops in ports – aimed at simplifying the formalities relating to the arrival, departure and clearance of ships. A ‘one-stop shop’ limits the number of administrative authorities boarding and checking every ship, as well as offering port users a single contact point or help-desk for administrative formalities;
  • ensuring the vital role of Short Sea Shipping Focal Points – it is necessary to ensure continuous cooperation between the focal points and the Commission by organising regular meetings and also to ensure a continuous flow of information via the internet-based tool ‘CIRCA’ (Communication and Information Resource Centre Administrator). The accession countries also need to be involved in this work in order to raise their awareness of the importance of short sea shipping;
  • maintaining the efficient operation and guidance of Short Sea Promotion Centres – these centres are driven by business interests and offer a practical tool to promote short sea shipping at a national level. The national centres are presently being integrated into the European Short Sea Network (ESN) which provides a common tool for the promotion of short sea shipping in Europe. The aim of this network is to exchange information and best practices and also to provide practical advice covering the various stages of a short-sea journey;
  • promoting the image of short sea shipping as a successful transport alternative – short sea shipping needs to acquire a more modern, dynamic image by highlighting its current potential, i.e. its speed, reliability, flexibility, regularity and high degree of cargo safety;
  • collection of statistical information – EU statistics on short sea shipping trade are not sufficiently detailed. The objective is to collect information on short sea shipping from the European Sea Ports Organisation (ESPO) until the directive on maritime statistics provides sufficient information to enable comparisons to be made.

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

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

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

Development of the Community's railways

Development of the Community’s railways

Outline of the Community (European Union) legislation about Development of the Community’s railways

Topics

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

Transport > Rail transport

Development of the Community’s railways

Document or Iniciative

Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways [See amending act(s)].

Summary

The directive applies to the management of railway infrastructure and to the rail transport activities of the railway undertakings established or to be established in the Community, with the exception of railway undertakings whose activity is limited to the provision of solely urban, suburban or regional services.

Management independence

European Union (EU) countries must take the appropriate measures to ensure that railway undertakings are independent with regards management, administration and internal control over administrative, economic and accounting matters, thereby holding assets, budgets and accounts separate from those belonging to the State.

EU countries must also take the necessary action to enable railway undertakings to adapt their activities to the market and allow their own management bodies to be responsible for the management of their activities, thereby efficiently providing the required quality of service at the lowest possible cost.

Separation between infrastructure management and transport operations

EU countries must ensure the separation of infrastructure management and transport operations by keeping separate profit and loss accounts and balance sheets and publishing them individually for business relating to the provision of transport services by railways undertakings and for business relating to the management of railway infrastructure. Public funds must also reflect this separation and those paid to one activity must not be transferred to the other.

Individual EU countries will be responsible for the development of their national railway infrastructure but they must bear in mind, where necessary, the general needs of the Community.

Access to railway infrastructure

The railway undertakings concerned by this directive will be accorded access to the infrastructure in all other EU countries for the operation of all rail freight services and international passenger services.

Monitoring tasks of the Commission

The Commission will monitor the technical and economic conditions and market developments of the European rail transport, working closely with representatives both from EU countries and from the relevant sectors to better assess the efficiency and impact of the adopted measures.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 91/440/EEC

13.9.1991

30.12.1992

OJ L 237 of 24.8.1991

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Directive 2001/12/EC

15.3.2001

15.3.2003

OJ L 75 of 15.3.2001

Directive 2004/51/EC

30.4.2004

31.12.2005

OJ L 164 of 30.4.2004

Directive 2006/103/EC

1.1.2007

1.1.2007

OJ L 363 of 20.12.2006

Directive 2007/58/EC

4.12.2007

4.6.2009

OJ L 315 of 3.12.2007

Successive amendments and corrections to Directive 91/440/EEC have been incorporated into the basic text. This consolidated versionis for reference only.

Related Acts

Commission Communication of 17 September 2010 concerning the development of a Single European Railway Area [COM (2010) 474 final – Not published in the Official Journal].

Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) No 1191/69 and 1107/70 [Official Journal L 315 of 3.12.2007].

Directive 2001/14/EC on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification [Official Journal L 75 of 15.3.2001].

Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings [Official Journal L 143 of 27.06.1995].

Certification of train drivers operating locomotives and trains

Certification of train drivers operating locomotives and trains

Outline of the Community (European Union) legislation about Certification of train drivers operating locomotives and trains

Topics

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

Transport > Rail transport

Certification of train drivers operating locomotives and trains

Document or Iniciative

Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the Community’s rail network.

Summary

This directive helps to revitalise the rail sector by establishing a certification system for locomotive and train drivers on the European Union (EU) rail network.

It is mainly aimed at drivers. EU countries may exclude the following from the measures they adopt in implementation of the directive:

  • metros, trams and other light rail systems;
  • networks that are functionally separate from the rest of the rail system and are intended only for the operation of local and urban services, etc.;
  • privately owned railway infrastructure.

Certification of drivers

All train drivers must have the necessary fitness and qualifications to drive trains and hold the following documents:

  • a licence identifying the driver and the authority issuing the certificate and stating the duration of its validity. The licence will be the property of the driver and will be issued, on application, to drivers meeting the minimum requirements as regards medical and psychological fitness, basic education and general professional skills;
  • a harmonised complementary certificate as evidence that the holder has received additional training under the railway undertaking’s safety management system. The certificate should state the specific requirements of the authorised service (rolling stock and infrastructure) for each driver and its validity will therefore be restricted.

The harmonised complementary certificate authorises the holder to drive in one or more of the following categories:

  • category A: shunting locomotives and work trains;
  • category B: carriage of passengers and/or goods.

Drivers holding the licence and the harmonised complementary certificate can drive trains provided that the railway undertaking or the infrastructure manager in charge of the transport operation in question holds a safety certificate.

Conditions and procedure for obtaining the licence and the certificate

With regard to the basic training and fitness required of drivers, applicants must meet the following requirements:

  • they must be at least 20 years of age. However, EU countries may issue licences from the age of 18 years, the validity of such a licence then being limited to the territory of the issuing EU country;
  • they must have received basic training equivalent to level 3 (level of 9 years of education: primary and secondary) as referred to in Council Decision 85/368/EEC and satisfy the medical requirements laid down in Annex II of this directive;
  • they must provide evidence of their physical and mental fitness by passing a medical examination conducted by a medical doctor recognised by the competent authority;
  • they must demonstrate their psychological fitness by passing an examination conducted by a psychologist recognised by the competent authority;
  • they must provide evidence of their professional and, if applicable, linguistic abilities.

Professional abilities are proven by means of adequate training (in operational regulations, engineering, communications, acquiring driving skills, etc.) and passing the relevant examinations.

The competent authority will issue the licence not later than one month after receiving all the necessary documents. The licence will be in the official language(s) of the EU country issuing it and is valid for 10 years.

In order to keep the licence and the harmonised certificate, holders must agree to undergo periodic checks such as medical examinations and tests of their professional abilities.

When a driver ceases to be employed by a railway undertaking, the undertaking must inform the competent authority without delay. The harmonised complementary certificate will become invalid on cessation of employment. However the holder will receive a certified copy of it. If there is any change in a driver’s state of health that could call into question his fitness for the job and give grounds for withdrawal of his licence or harmonised complementary certificate, the employer or the driver himself must inform the competent authority without delay.

Some tasks and decisions of the competent authority

The competent authority, i.e. the authority appointed by the EU country to issue the driver’s licence after establishing that the applicant meets the necessary requirements, must carry out the following tasks, in a transparent and non-discriminatory fashion:

  • issue and update licences, provide replacements and suspend and withdraw licences if necessary;
  • ensure periodic examinations and checks;
  • ensure the publication and updating of a register of accredited or recognised persons and bodies, and update a register of licences which have been issued, expired, modified, suspended, cancelled or declared lost or destroyed;
  • supervise the process of certifying drivers and carry out the necessary checks on board trains travelling within the EU;

EU countries shall take the necessary steps to ensure judicial review of the decisions taken by a competent authority.

Railway undertakings are required to:

  • keep a register of all harmonised complementary certificates issued, expiring, modified, suspended, cancelled or declared lost or destroyed;
  • cooperate with the competent authority of the country where they are domiciled in order to interconnect their register with that of the competent authority so as to give it immediate access to the particulars required;
  • supply information on the status of such certificates to the competent authorities of the other EU countries.

Phasing-in

EU countries will bring into force the necessary laws, regulations and administrative provisions by 4 December 2009.

At the latest on 29 October 2011, which corresponds to two years after the adoption (29 October 2009) of the basic parameters, registers will be drawn up.

At the latest on 29 October 2011, the certificates or licences to drivers performing cross-borders services, cabotage services or freight services in another EU country or working in at least two EU countries shall be issued in accordance with this directive.

At the latest on 29 October 2013, all new licences and certificates shall be issued.

At the latest on 29 October 2018, all drivers shall hold licences and certificates in conformity with this directive.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2007/59/EC

4.12.2007

3.12.2009

OJ L 315 of 3.12.2007

Related Acts

Commission Regulation (EU) No 36/2010 of 3 December 2009 on Community models for train driving licences, complementary certificates, certified copies of complementary certificates and application forms for train driving licences, under Directive 2007/59/EC of the European Parliament and the Council [Official Journal L 13 of 19.1.2010]
The annexes to this regulation set out the Community models for the train driving licences, complementary certificates, certified copies of complementary certificates, and application forms for the train driving licences as referred to in Directive 2007/59/EC.

Commission Decision 2010/17/EC of 29 October 2009 on the adoption of basic parameters for registers of train driving licences and complementary certificates provided for under Directive 2007/59/EC of the European Parliament and of the Council (notified under document C(2009) 8278) [Official Journal L 8 of 13.1.2010]

ESafety: the use of information and communication technology for road safety

eSafety: the use of information and communication technology for road safety

Outline of the Community (European Union) legislation about eSafety: the use of information and communication technology for road safety

Topics

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

Internal market > Motor vehicles > Technical implications of road safety

eSafety: the use of information and communication technology (ICT) for road safety

Document or Iniciative

Communication from the Commission to the Council and the European Parliament of 15 September 2003 on Information and Communications Technologies for Safe and Intelligent Vehicles [COM(2003) 542 final – Not published in the Official Journal]

Summary

Transport provides for a basic need: mobility. As the number of cars on the road increases, their safety is constantly increased. Nevertheless, 40 000 people still die in road accidents each year which are the main cause of death for people under the age of 45 in Europe. Against this background, new measures are needed to achieve the main objective of the European Action Programme for Road Safety which is to reduce by half the number of road fatalities by 2010.

In order to achieve this objective, the Commission is banking on new information and communications technologies (ICT). Aware of the possibilities which ICT offers, the European Commission has launched the eSafety initiative which is intended to bring together all the stakeholders in order to work out recommendations and actions at EU level. The final report of the eSafety working group [PDF ] indicates that intelligent car safety systems offer the best prospects for ICT applications. Through this Communication, the Commission outlines its intention to support the development and as broad a dissemination as possible of these systems.

ICT in vehicles: a modern safety system

Accident prevention measures focused on the driver and the vehicle have led to a steady reduction of the number of fatalities on European roads. However, these “conventional” safety measures are reaching their limits. Bearing this in mind, the Commission emphasises the need to develop modern ICT-based safety systems.

In view of the progress already made in developing intelligent safety systems through research and technological development (RTD), the Commission intends to turn it into an area of priority action in RTD.

Intelligent car safety systems reduce the proportion of accidents due to the human factor (95%). These systems make use of ICT to provide solutions for improving road safety in particular in the pre-crash phase. These systems operate either autonomously on board the vehicle or co-operatively through vehicle-to-vehicle or vehicle-to-infrastructure communications. They make it possible to ensure safe speed, lane support, safe following, pedestrian protection, improved vision, driver monitoring and intersection safety. Their two major contributions are that they prevent collisions during lane changes or lane departure and provide vehicles with an automatic emergency call system (eCall).

Support for the car industry

Because of the laws of the market and car manufacturers’ need for profitability, the development and deployment of such large-scale intelligent safety systems cannot be left to the market alone. The fact is that these technologies place serious constraints on the car industry, entailing higher production costs, energy consumption and vehicle weight.

Moreover, developing integrated intelligent road safety systems requires the involvement of many other actors such as telecommunications operators, equipment manufacturers, service providers, motorway managers, road authorities, insurance companies, road safety organisations and user associations.

Against this background, it is the Commission’s view that the European, national and regional public authorities should lend their support to the private sector (in particular to the car industry) to ensure the wide-spread sale and distribution of intelligent vehicles.

Public support can take various forms: promoting standardisation, launching awareness and information campaigns or providing financial incentives.

Actions envisaged by the Commission

To provide support, the Commission proposes actions in the following three categories:

  • promoting intelligent vehicle safety systems:

– continue support for the eSafety forum which is intended to become an autonomous platform;

– clearly defining the objectives and priorities of further RTD;

– designing new human-machine interaction devices;

– promoting an on-board automatic emergency call system (eCall) as a harmonised and pan-European system similar to the E112 location-based emergency call number;

– closely monitoring progress made in the provision of real-time traffic and travel information (RTTI);

  • adapting the regulatory and standardisation provisions:

– removing legal barriers hampering time-limited use of short-range radar, in particular with regard to harmonised access to the radio spectrum in the EU;

– improving current legislation on EC vehicle type approval;

– inviting the European standardisation bodies to establish priorities and draw up a standardisation programme;

  • removing the societal and business obstacles:

– assessing the socio-economic benefits;

– supporting the compilation of the European code of good practice and carrying out cost-benefit analysis of intelligent car safety systems;

– promoting private and public sector road maps.

The Commission also intends to participate in the following actions undertaken by the private sector:

  • developing a methodology to assess the potential impact of introducing intelligent vehicle safety systems;
  • developing validation methodology and procedures for vehicles equipped with such systems;
  • defining, producing, maintaining and certifying a European digital map database with road safety attributes.

The Commission will support these activities through RTD financing instruments. The eSafety forum will monitor the implementation of the actions and recommendations of the working groups and submit reports on this activity.

Related Acts

SUBSEQUENT eSAFETY COMMUNICATIONS

Communication from the Commission of 15 February 2006 on the Intelligent Car Initiative – Raising Awareness of ICT for Smarter, Safer and Cleaner Vehicles [COM(2006) 59 final – Not published in the Official Journal].

The purpose of this third eSafety Communication on the Intelligent Car Initiative is to respond to societal problems linked to road transport, particularly in terms of accidents and traffic congestion.

Communication from the Commission of 14 September 2005 – The 2nd eSafety Communication – Bringing eCall to Citizens [COM(2005) 431 final – Not published in the Official Journal].

In this Communication, the Commission calls on national and regional authorities to carry out the actions and investments needed to ensure the functioning of eCall. eCall is a pan-European in-vehicle emergency call service using the European emergency call number 112 in the event of an accident.

TRANSPORT AND ROAD SAFETY

Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions of 2 May 2003: European Road Safety Action Programme – Halving the number of road accident victims in the European Union by 2010: A shared responsibility [COM(2003) 311 final – Not published in the Official Journal]

Commission White Paper of 12 September 2001: European Transport Policy for 2010: Time to Decide [COM(2001) 370 final – Not published in the Official Journal]

Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions of 9 March 1997: Promoting Road Safety in the EU – The Programme for 1997-2001 [COM(97) 131 final – Not published in the Official Journal]

Commission Communication to the Council of 9 June 1993: Action Programme on Road Safety [COM(93) 246 final – Not published in the Official Journal]

 

Motor vehicles: use of biofuels

Motor vehicles: use of biofuels

Outline of the Community (European Union) legislation about Motor vehicles: use of biofuels

Topics

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

Energy > Renewable energy

Motor vehicles: use of biofuels

The European Union (EU) creates a Community framework to promote the use of biofuels in order to reduce greenhouse gas emissions and the environmental impact of transport, and to increase security of supply.

Document or Iniciative

Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport.

Summary

Background

The Directive requires the Member States to introduce legislation and take the necessary measures to ensure that biofuels (liquid or gaseous fuels used for transport and produced from biomass, i.e. biodegradable waste and residue from, for example, agriculture and forestry) account for a minimum proportion of the fuel sold on their territory.

In the context of sustainable development in Europe and the Green Paper “Towards a European strategy for the security of energy supply”, the Commission is proposing a genuine action plan aimed at increasing the share of biofuels to more than 20 % of European petrol and diesel consumption by 2020.

According to the forecasts in the Green Paper, the transport sector will grow by approximately 2 % per annum over the coming decade. However, greater use of biofuels for transport is part of the package of measures needed for compliance with the Kyoto Protocol.

The ultimate goal is to reduce dependency on the use of oil-based fuels, which is a significant cause for concern for the European Union (EU) in terms of the environment and security of supply.

Content of the Directive

The Directive sets a minimum percentage of biofuels to replace diesel or petrol for transport purposes in each Member State. It is a question of reducing conventional emissions of CO2 (carbon dioxide), CO (carbon monoxide), NOx (nitrogen oxides), VOC (volatile organic compounds) and other particles which are toxic for health and the environment.

The different types of biofuels are as follows:

  • bioethanol: produced by the fermentation of plants rich in sugar/starch;
  • biodiesel: a diesel-quality fuel produced from biomass or used frying oils and used as biofuel;
  • ETBE: etherised bioethanol;
  • biogas: a fuel gas produced by the fermentation of organic matter by bacterial populations in the absence of oxygen;
  • biomethanol: methanol produced from biomass;
  • bio-oil: an oil fuel produced by pyrolysis (molecular decomposition of biomass through the application of heat and in the absence of air).

The Member States must ensure that the minimum share of biofuels sold on their markets is 5.75 %. Any Member State setting lower objectives will have to justify this on the basis of objective criteria.

Before 1 July each year, the Member States must address a report to the Commission on:

  • the measures taken to promote the use of biofuels and other renewable fuels;
  • the national resources allotted to the production of biomass for energy purposes other than transport;
  • the total quantities of fuels for transport sold in the course of the year.

The Directive will provide a stimulus to the rural economy through the creation of new sources of income and employment. In many cases in the agri-food and forestry industries, biofuels could turn problematical waste production into a sustainable product.

Directive 2003/30/EC is repealed by Directive 2009/28/EC with effect from 1 January 2012.

References

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

Directive 2003/30/EC

17.5.2003

31.12.2004

OJ L 123, 17.5.2003

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

Directive 2009/28/EC

25.6.2009

5.12.2010

OJ L 140, 5.6.2009

Related Acts

Communication 2010/C 160/01 from the Commission on voluntary schemes and default values in the EU biofuels and bioliquids sustainability scheme [Official Journal C 160 of 19.6.2010].

Communication 2010/C 160/02 from the Commission on the practical implementation of the EU biofuels and bioliquids sustainability scheme and on counting rules for biofuels [Official Journal C160 of 19.6.2010].

Commission communication of 10 January 2007 “Renewable energy road map. Renewable energies in the 21st century: building a more sustainable future” [COM(2006) 848 – not published in the Official Journal].

Report from the Commission of 10 January 2007 – Biofuels Progress Report. Report on the progress made in the use of biofuels and other renewable fuels in the Member States of the European Union [COM(2006) 845 final – not published in the Official Journal].

Commission communication of 8 February 2006 “An EU strategy for biofuels” [COM(2006) 34 final – Official Journal C 67, 18.3.2006].