Brussels, 26/03/2009 (Agence Europe) - As announced earlier (see EUROPE 9868), the European Parliament and Council reached a comprehensive agreement on Tuesday 24 March on the three texts that make up the road package (regulation establishing common rules for access to the international road transport market for freight; regulation establishing common rules for access to the international market for coach and bus services; and regulation on access to the road haulage profession).
Cabotage (possibility for a transporter to carry out loading and unloading operations within another member state). Included in the regulation establishing common rules for access to the international market for freight transport by road, cabotage remains limited to three consecutive operations within a period of 7 days, including in the country crossed (limited to just one operation). When cabotage risks causing serious upheaval on the national transport market, the text provides for safeguard measures authorising the member states to bring in a number of protective measures. At the request of Parliament and especially of the rapporteur on this issue, Mathieu Grosch (EPP-ED, Belgium), the European Commission is responsible for including in its assessment report for 2013 a study on the possibility of continuing the opening of national road transport markets as well as control mechanisms foreseen in the proposal. Twelve days. The Parliament took the upper hand by negotiating reintroduction into the current legislation of the rule that allows coach drivers to put off their compulsory rest time for 12 days (the rule had been abolished by the entry into force, in April 2007, of new provisions on drivers' rest and working time). In order to dissipate fears expressed by a number of member states especially France, use of the exemption is strict and limited to a single occasional international passenger journey (the service must take place at least 24 consecutive hours in a member state or third country other than the country in which the service started). A coach leaving Austria may thus travel for over six days towards and in Slovenia with the same group of passengers, but during this time it is not possible to increase the number of journeys to and fro with different passenger groups. After resorting to the derogation, the driver is under an obligation to compensate the extended working period either by doubling the regular weekly rest time (4 days minimum) or by taking the compulsory weekly rest extended by at least 24 hours. The reduction should nonetheless be compensated for by an equivalent rest period taken as a bloc before the end of the third week following the end of the derogation period. As of 1 January 2014, coaches providing such services should be equipped with a tachograph and driving time during the night (10 p.m. to 6 a.m.) will be reduced to three hours (as long as there are at least two drivers for the vehicle). The European Commission is expected to closely monitor application of the derogation and, at the latest three years after it takes effect, prepare a study to assess the impact that the derogation has on road safety.
National electronic registers. The agreement provides for information contained in these registers to be shared out between a public dossier (name and head of company) and a register with limited access that will contain information on serious infringements committed by the transport company registered. By 2012, information in this second register should be accessible to all relevant control authorities in each of the member states. The list of serious infringements will be established on the basis of the list established by the European Commission, focusing above all on the transport of dangerous goods and infringements committed with regard to drivers' work and rest periods. The text of the compromise also reintroduces an obligation imposed on transport companies to technically and legally demonstrate the real existence of their head office. This provision, which was removed by the Council but which is strongly backed by the rapporteurs, aims to combat fictitious companies, or “letter box” companies, which are frequent in some member states. The three reports (two by Mr Grosch on access to the international transport market for freight and access to transport services and another by Romanian Socialist Adriana Ticau on access to the profession of road transporter), will be put to the vote of the EP transport committee on Tuesday 31 March. The Parliament must take a stance on the whole package during the April session. Coreper is expected to approve the compromise during the meeting on 27 March. (A.By./transl.jl)