Tag Archives: Transport licence

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

European system for registration of carriers of radioactive materials

European system for registration of carriers of radioactive materials

Outline of the Community (European Union) legislation about European system for registration of carriers of radioactive materials

Topics

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

Transport > Road transport

European system for registration of carriers of radioactive materials (Proposal)

Proposal

Proposal for a Council Regulation of 30 August 2011 establishing a Community system for registration of carriers of radioactive materials [COM(2011) 518 final – Not published in the Official Journal].

Summary

This Proposal for a Regulation aims at putting in place a European system for registration of carriers of radioactive materials *. Workers and the general public must be protected against the dangers arising from ionising radiation.

The Proposal concerns any carrier transporting radioactive materials within the European Union (EU), from third countries into the EU and from the EU into third countries. It does not concern carriers transporting radioactive materials by air or sea.

Registration of carriers

Carriers must register with the Electronic System for Carrier Registration (ESCReg). The system offers restricted and secure access to the competent authorities of the Member States, to the registered carriers and to the applicants, in accordance with the provisions of the Data Protection Directive.

If an applicant is established in one or more Member States, its application is processed by the competent authority * of the Member State where its head office is located. If the applicant is established in a third country, its application is processed by the competent authority of the Member State where the carrier intends to first enter EU territory.

Member States shall designate a competent authority and a national contact point for the transport of radioactive materials.

If the competent authority refuses to grant the carrier a certificate of registration, the applicant may lodge an appeal.

The certificate of registration is recognised by all Member States and is valid for a period of five years. It may be renewed.

Conditions of transport for radioactive materials

Once registered, the carrier is authorised to carry out transport operations throughout the EU. Carriers must have a copy of their registration certificate during such transport operations.

National reporting and authorisation requirements in addition to those of this Proposal for a Regulation may only apply for the following materials:

  • fissile materials;
  • high consequence radioactive materials.

However, holders of a licence or registration issued pursuant to the Directive on the dangers arising from ionising radiation may transport radioactive materials without registration if their transport is included in licences or registrations for all Member States where the transport takes place.

If carriers do not comply with the requirements of this Proposal for a Regulation, the authorities of the Member State where the offence is recorded may suspend, revoke or modify the carrier’s registration. The carrier may also be prosecuted.

Context

In 2008, the Council and the Parliament adopted the Directive on the transport of dangerous goods grouping together all modes of inland transport. Pursuant to Directive 96/29/Euratom, which lays down basic safety standards for the protection of the health of workers and the general public against dangers arising from ionising radiation, Member States must put in place a system for the registration of companies and institutions processing radioactive materials, including carriers. Under this Proposal for a Regulation, registration will be centralised in order to facilitate transport within the EU.

Key terms of the Act
  • Radioactive material: any material containing radionuclides where both the activity concentration and the total activity in the consignment exceed the values specified in the Regulation on shipments of radioactive substances.
  • Competent authority: any authority designated by the Member State to carry out tasks in accordance with this Regulation.

Reference

Proposal Official Journal Procedure

COM(2011) 518 final

2011/0225/NLE