The discussion in the Council of the European Union's Working Party on Land Transport on Thursday, 4 April, revealed both procedural and fundamental differences regarding revision of Directive 2006/1/EC on the use of vehicles hired without drivers for the carriage of goods by road.
In the meeting, national experts discussed the draft compromise on this issue, which is part of the first ‘mobility’ package, and which was presented by the Romanian Presidency of the Council of the EU at the end of January (see EUROPE 11799/6). The Commission's proposal of May 2017 aims to liberalise the rules governing the leasing of vehicles without drivers for the transport of goods by road by companies located in the European Union. The aim is to increase the operational flexibility of companies in the sector.
A progress report on this subject was approved by the European Union's transport ministers last June (see EUROPE 12036/34).
The focus of the proposal involves the leasing of vehicles by transport companies located in Member States.
The Commission therefore proposes that, if a leased vehicle is registered or complies with the legislation in the State where the company leasing the vehicle is located, a Member State should allow the vehicle to be used within its borders for an unlimited period. It is of the opinion that, if the vehicle is registered or complies with the law of a Member State, but not with the law where the company leasing the vehicle is located, a Member State may restrict use of the vehicle within its borders to a minimum of 4 months in a calendar year.
In the latter case, Bucharest suggests that the Member States where the company leasing the vehicle is located should be able to restrict the company’s use of the vehicle within their borders to 30 consecutive days in any given calendar year. It also recommends that these Member States should be able to restrict the number of leased vehicles that can be used to 25% of the total fleet owned by the company, or to a minimum of one vehicle if the company owns fewer than four.
We have been informed that the Romanian Presidency of the Council initially wanted the text to be agreed quickly, so that the Member States' ambassadors to the EU (Coreper - Committee of Permanent Representatives) and the Council of the EU could approve the text (as an 'A item', approved without discussion at a ministerial meeting). But a majority of States seems to have opposed that option.
Several national delegations who agree with the substance of the draft compromise would nevertheless like the matter to be brought before the Council of the EU for discussion.
Other delegations would like to examine this text in the light of the social and market aspects of the first mobility package (posting of drivers, driving time and rest periods, tachograph, cabotage and market access). It should be recalled that the Council of the EU adopted its position on these points in December (see EUROPE 12152/10) and the European Parliament on 4 April (see EUROPE 12229/1).
Several Member States are opposed to the text, while other delegations would like to make rapid progress with it.
The draft compromise may be included on the agenda of the June ‘Transport’ meeting of the Council of the EU with a view to reaching political agreement (a 'general approach'). While it is plausible to assume that an agreement of this kind may be reached, it is by no means certain.
With regard to the European Parliament, MEPs meeting in plenary session adopted their position at first reading on 15 January (see EUROPE 12172/8). (Original version in French by Lucas Tripoteau)