EUROPE has obtained a copy of the revised compromise by the Bulgarian Presidency of the Council of the European Union relating to the review of directive 92/106/EEC on combined goods transport dated 5 March.
This compromise does not return to the cabotage exemptions in combined transport operations but experts from the Western European transport working party on “transport - inter-modal and network questions” would like this question to be put on the negotiating table. This compromise text focuses on the European Commission proposal of 8 November last relating to the 2nd mobility package (see EUROPE 11900). Under the terms of article 4 of the current directive, an operator active in the combined international transport sector can undertake cabotage operations without the social rules relating to it having to be applied and the Commission is not suggesting any change to this provision. Nonetheless, following the debates about the revisions of cabotage rules and posted transport workers (see EUROPE 11977) as part of the 1st Mobility package (see EUROPE 11799), the member states of the Road Alliance (Germany, Austria, Belgium, Denmark, France, Italy, Luxembourg, Norway, Sweden and Switzerland) would like a more robust regulation. Although discussions at a technical level are moving forward, those on political issues are just beginning at the Council working party.
At a technical level, this revised compromise from the Bulgarian Presidency is proposing certain amendments to the Commission proposal. In the hope of limiting the regulation's scope, the text is therefore suggesting that a combined transport operation where the maritime component takes place between a third country and a new member state should be excluded from the definition. The Bulgarian Presidency also considers that the directive should not apply when there is no equivalent road transport alternative or where an alternative to road transport is not commercially viable.
The draft compromise, however, does not return to the question of the maximum thresholds for road transport of 150 km and 20% of the total distance and these operations being covered within the definition of combined transport. There are, however, differences between member states on calculating these figures. The aim is to strike a balance between the promotion of clean transport and the appropriate construction of transhipment terminals.
Although the text still retains the obligation incumbent on the states to invest in transhipment terminals in order to respond to environmental objectives, several countries, such as Germany, Italy and the Netherlands, do not support a binding provision. France, Italy, Portugal and the Czech Republic are also requesting simplification of the state aid procedures in this regard, for example, by adding support for combined transport to the exemptions.
The Bulgarian Presidency is also suggesting that the states provide the Commission with a report on combined transport on their respective territories every five years, instead of every two years as stipulated in the draft text.
Discussions will continue in the working party and one source has confided to us that an agreement before the end of June will be difficult to reach.
Ms Aiuto wants application of posted worker rules to road transport. The question of cabotage in combined transport has already been discussed, as it was on 1 February last at the European Parliament's transport committee during the Commission’s presentation of the proposal (see EUROPE 11952).
In her draft report on the text, Daniela Aiuto (EFDD, Italy) attempts to respond to these concerns and explains that the rules on cabotage should indeed apply to domestic combined transport operations. When the combined transport operations take place in the international field, the rapporteur is also of the opinion that the rules on postings should apply to drivers in the part on road transport. This proposal for an amendment will be assessed with regard to the proposals from the 1st mobility package on the revision of rules for cabotage and international transport.
With regard to the most technical aspects, Ms Aiuto considers that transport in a third country cannot be considered as a part of combined transport operations.
She would also like the previously mentioned limits of 150 km and 20% for road transport to be compulsorily extended in certain specific conditions. In areas where there is no combined transport infrastructure within a 150 km distance as the crow flies, states would not be compelled to invest in transhipment terminals if there is no justifiable economic reason or if the geographic conditions make this impossible.
Ms Aiuto is also requesting an obligation incumbent on the member states to take measures in favour of combined transport competitiveness and, in this regard, is proposing several support measures.
Finally, among some of the points raised, the MEP is also proposing that some of the revenues obtained as part of the Eurovignette (1999/62/EC) directive should be transferred to support combined transport.
The draft report will be presented to Parliament's transport committee on 25 April and voted on 10 July. (Original version in French by Lucas Tripoteau)