Tag Archives: Transport regulations

Maritime security: Ship and port facility security

Maritime security: Ship and port facility security

Outline of the Community (European Union) legislation about Maritime security: Ship and port facility security

Topics

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

Transport > Waterborne transport

Maritime security: Ship and port facility security

Document or Iniciative

Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security [See amending act(s)].

Summary

The main objective of this regulation is to implement European Union (EU) measures aimed at enhancing the security of ships and port facilities in the face of threats of intentional unlawful acts.

The regulation is intended to provide a basis for the harmonised interpretation and implementation and EU monitoring of the special measures to enhance maritime security adopted by the Diplomatic Conference of the International Maritime Organisation (IMO) in 2002, which amended the 1974 International Convention for the Safety of Life at Sea (SOLAS Convention) and established the International Ship and Port Facility Security Code (ISPS Code).

The amendments to the SOLAS Convention and Part A of the ISPS Code are mandatory, but subject to interpretation. Part B of the Code consists of recommendations which the EU countries are called on to implement.

This regulation contains preventive measures and transposes the part of the SOLAS Convention on special measures to enhance maritime security and, at the same time, the ISPS Code, two of the cornerstones of maritime security at world level.

EU countries are required to communicate to the IMO, the Commission and the other EU countries the information requested and the special measures adopted to enhance maritime security under the SOLAS Convention.

Alongside this, each EU country must draw up the list of port facilities concerned on the basis of the port facility security assessments carried out and establish the scope of the measures taken to enhance maritime security. This list must be communicated to the other EU countries and to the Commission by 1 July 2004 at the latest.

EU countries must vigorously monitor compliance with the security rules by ships intending to enter an EU port, whatever their origin.

Security checks in the port may be carried out by the competent maritime security authorities of the EU countries, but also, as regards the international ship security certificate, by inspectors acting in the framework of port State control, as provided for in Directive 95/21/EC.

When a ship announces its intention to enter a port in an EU country, the competent maritime security authority of that country should demand that the information be provided at least 24 hours in advance or, if the voyage time is less than 24 hours, at the latest at the time the ship leaves the previous port or, if the port of call is not known, as soon as the port of call becomes known.

EU countries are required to designate a focal point for maritime security by 1 July 2004 at the latest. This authority should require each ship intending to enter port to provide, in advance, information concerning its international ship security certificate and the levels of safety at which it operates and has previously operated.

EU countries are required to apply the new security measures to international shipping and, by 1 July 2005, to Class A passenger ships operating domestic services.

After a security risk assessment, EU countries must decide the extent to which they will apply, by 1 July 2007, the provisions of this regulation to other categories of ships operating domestic services, their companies and the port facilities serving them.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 725/2004

19.5.2004

OJ L 129 of 29.4.2004

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 219/2009

20.4.2009

OJ L 87 of 31.3.2009

Related Acts

Commission Regulation (EC) No 324/2008 of 9 April 2008 laying down revised procedures for conducting Commission inspections in the field of maritime security [Official Journal L 98 of 10.4.2008].

The Commission carries out security inspections at port facilities and companies in EU countries. These inspections are prepared with assistance from the European Maritime Safety Agency and are conducted by inspectors from the EU countries. The Commission must send its inspection report within six weeks of the completion of an inspection. Such reports must detail the findings of the inspection and identify any non-conformity with Regulation (EC) No 725/2004 or Directive 2005/65/EC. They may also contain recommendations for corrective action. The EU country concerned must reply within three months, providing an action plan, specifying actions and deadlines, to remedy any identified shortcomings.

Motor vehicles and their trailers: roadworthiness test

Motor vehicles and their trailers: roadworthiness test

Outline of the Community (European Union) legislation about Motor vehicles and their trailers: roadworthiness test

Topics

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

Transport > Road transport

Motor vehicles and their trailers: roadworthiness test

Document or Iniciative

Directive 2009/40/EC of the European Parliament and of the Council of 6 May 2009 on roadworthiness tests for motor vehicles and their trailers (Recast).

Summary

Motor vehicles registered in a European Union (EU) country and their trailers must undergo periodic roadworthiness tests. Annexes I and II to this directive detail the categories of vehicles to be tested, the frequency of the roadworthiness tests and the items which must be tested. The roadworthiness tests must be undertaken by the EU countries, or by a public body that has been entrusted with the task, or by bodies or establishments designated and directly supervised.

Annex I details the categories of motor vehicles that will be subject to roadworthiness tests and the required frequency of the tests for each category. The minimum testing frequency for the different categories of motor vehicles and their trailers is:

  • One year after the date on which the vehicle was first used, and thereafter annually for:
    • motor vehicles used for the carriage of passengers and with more than eight seats, excluding the driver’s seat;
    • motor vehicles used for the carriage of goods and having a maximum permissible mass exceeding 3 500 kg;
    • trailers and semi-trailers with a maximum permissible mass exceeding 3 500 kg;
    • taxis, ambulances;
  • Four years after the date on which the vehicle was first used, and thereafter every two years for:
    • motor vehicles having at least four wheels, normally used for the road carriage of goods and with a maximum permissible mass not exceeding 3 500 kg, excluding agricultural tractors and machinery;
    • motor vehicles having at least four wheels, used for the carriage of passengers and with not more than eight seats excluding the driver’s seat.

Annex II sets out which items must be compulsorily tested. The tests covered by Annex II should be undertaken using techniques and equipment available without the use of tools to disassemble or remove any part of the vehicle. Where the motor vehicle is found to be defective with regard to the test items below, the competent authority in the EU country concerned must set specific conditions under which the particular vehicle may be used before passing another roadworthiness test. The test must cover the items listed in the annex, provided that these are related to the equipment of the vehicle being tested in the EU country concerned. The compulsory test items include:

  • vehicle identification;
  • braking equipment;
  • steering;
  • visibility;
  • lighting equipment and parts of electric system;
  • axles, wheels, tyres and suspension;
  • chassis and chassis attachments;
  • other equipment – safety belts, fire extinguisher, locks and anti-theft device, warning triangle, first-aid kit, speedometer, etc;
  • nuisance – noise, exhaust emissions, etc;
  • supplementary tests for public transport vehicles – emergency exit(s), heating and ventilation systems, seat layout, interior lighting;

The vehicle operator or driver must be informed in writing of any defects, the result of the test and the legal consequences. EU countries will take the necessary measures to make it possible to prove that a vehicle has passed a roadworthiness test. Other EU countries and the Commission will be informed of these measures. All EU countries will mutually recognise the proof issued in another EU country showing that a vehicle registered in that other EU country, together with its trailer or semi-trailer, has passed a roadworthiness test in compliance with the provisions of this directive. EU countries will also implement all appropriate measures to establish that the brake performance of motor vehicles registered in their country complies with the requirements of this directive.

Exceptions

Notwithstanding the provisions of Annexes I and II, EU countries have the right to:

  • bring forward the date for the first compulsory roadworthiness test and, where appropriate, require the vehicle to be submitted for test prior to registration;
  • shorten the interval between two successive compulsory tests;
  • make the testing of optional equipment compulsory;
  • increase the number of items to be tested;
  • extend the periodic test requirement to other categories of vehicles;
  • prescribe special additional tests;
  • require vehicles registered on their territory to have higher minimum standards for braking efficiency than those specified in Annex II and include a test on vehicles with heavier loads, provided such requirements do not exceed those of the vehicle’s original type-approval.

EU countries also have the right to exclude vehicles belonging to the armed forces, the forces of law and order and the fire service from the scope of this directive. After consultation with the Commission, EU countries may exclude from the requirements of this directive certain motor vehicles operated or used in exceptional conditions, and motor vehicles which are never, or hardly ever, used on public highways. Following consultation with the Commission, EU countries also have the right to set their own testing standards for vehicles considered to be of historic interest.

The Commission will adopt all necessary directives to define the minimum standards and methods for testing the items listed in Annex II of this directive, as well as any amendments necessary to adapt to technical progress in these areas.

Within three years from the introduction of regular testing of speed limitation devices, the Commission will re-examine whether the tests laid down are sufficient to detect defective or manipulated speed limitation devices or whether the rules need to be modified.

This directive repeals Directive 96/96/EC.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Directive 2009/40/EC

26.6.2009

OJ L 141 of 6.6.2009

Successive amendments and corrections to Directive 2009/40/EC have been incorporated in the basic text. This consolidated versionis for reference purposes only.

Related Acts

Commission Recommendation 2010/378/EU of 5 July 2010 on the assessment of defects during roadworthiness testing in accordance with Directive 2009/40/EC of the European Parliament and of the Council on roadworthiness tests for motor vehicles and their trailers [Official Journal L 173 of 8.7.2010].

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

Motor vehicles and their trailers: roadworthiness testing of heavy goods vehicles

Motor vehicles and their trailers: roadworthiness testing of heavy goods vehicles

Outline of the Community (European Union) legislation about Motor vehicles and their trailers: roadworthiness testing of heavy goods vehicles

Topics

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

Transport > Road transport

Motor vehicles and their trailers: roadworthiness testing of heavy goods vehicles

Document or Iniciative

Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community.

Summary

This directive sets out the legal framework for roadside roadworthiness checks on commercial vehicles that are intended to carry passengers or goods. It supplements Directive 96/96/EC which introduces a mandatory annual roadworthiness test at a testing station for on-road commercial vehicles.

A wide range of advantages are expected in terms of reducing the number of accidents and pollution (reducing carbon dioxide CO2 emissions) and of energy saving (lowering fuel consumption).

Roadside checks are unannounced checks on a commercial vehicle travelling within a European Union (EU) country. They are carried out by the authorities on roads, in ports, or anywhere else considered appropriate.

This directive provides that a technical roadside inspection shall comprise one, two or all of the following aspects:

  • a visual check on the state of maintenance of the vehicle running on the road network;
  • a check on the documents relating to the compliance of the vehicle with a technical roadside inspection and if the driver presents it a recent roadside technical inspection report;
  • a check to uncover poor maintenance (smooth tyres, faulty braking system, etc.). In this instance, the inspector should take the most recent documents and any other safety certificate into consideration.

The directive provides for the introduction by the EU countries of regular, appropriate roadside checks to be carried out without discrimination as to the driver’s nationality or vehicle registration, and which every year covers a significant, representative cross-section of commercial vehicles of all categories.

Every two years the EU countries must send the Commission information on the two previous years concerning the number of commercial vehicles checked.

The roadside checks provided for in the directive shall be carried out in accordance with a checklist (Annex 1). A certificate setting out the results of the spot check is to be handed to the driver of the vehicle, who must be in a position to present this on request in order to simplify or avoid subsequent checks.

If the extent of poor maintenance requires a more detailed examination, the vehicle may be subjected to a closer inspection in an approved roadworthiness testing station.

If the results of a roadside check show that a commercial vehicle does not meet the standards set out in the directive (Annex 2: Braking systems, exhaust emissions), or if it is not shown to comply with Directive 96/96/EC during a subsequent roadworthiness test at an approved testing centre and if it therefore constitutes a major risk to its occupants or other road users, the use of that vehicle on the public highway will immediately be banned.

Serious or repeated offences by a vehicle belonging to a non-resident shall be reported to the authorities in the EU country where the vehicle or company is registered. The country in which the offence has been repeated may then request that action be taken against the offender. Where such action is taken, the country of vehicle or company registration shall inform the country in which the offences have been noted of the action taken against the carrier or company concerned.

The Commission is assisted by the Committee on adaptation to technical progress introduced by Directive 96/96/EC.

References

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

Directive 2000/30/EC

10.8.2000

9.8.2002

L 203 of 10.8.2000

Successive amendments and corrections to Directive 2000/30/EC have been incorporated into the basic text. This consolidated versionis for reference only.

Annexes 1 and 2
Directive 2010/47/EU [OJ L 173 of 8.7.2010].

Related Acts

Commission Recommendation 2010/379/EU of 5 July 2010 on the risk assessment of deficiencies detected during technical roadside inspections (of commercial vehicles) in accordance with Directive 2000/30/EC of the European Parliament and of the Council [Official Journal L 173 of 8.7.2010].