Mobility package TM MEUSAC CONSULTATION MEETING Presented by: Ing. - PowerPoint PPT Presentation

Mobility package TM – MEUSAC CONSULTATION MEETING Presented by: Ing. Ronald Attard Pullicino Date: 4 th April 2018

MOBILITY PACKAGE – CONSULTATION MEETING Agenda Part A – Market Access: – Regulation (EC) No. 1071/2009 – Access to Transport Market; – Regulation (EC) No. 1072/2009 – Road Haulage Market; – Directive 2006/1/EC – Leasing of Vehicles; – Directive 92/106/EEC – Combined Transport. Part B – Social Regulations: – Regulation (EC) No. 561/2009 - Driving Time; – Regulation (EU) No. 165/2014 – Tachographs ; – Rules on Posting of Workers; – Directive 2006/22/EC – Enforcement.

MOBILITY PACKAGE – CONSULTATION MEETING Regulation (EC) No. 1071/2009 Access to Transport Market

MOBILITY PACKAGE – CONSULTATION MEETING Regulation 1071/2009 - Access to Transport Market Scope of Current Regulations: “This Regulation governs admission to, and the pursuit of, the occupation of road transport operator. This Regulation shall apply to all undertakings established in the Community which are engaged in the occupation of road transport operator. It shall also apply to undertakings which intend to engage in the occupation of road transport operator. References to undertakings engaged in the occupation of road transport operator shall, as appropriate, be considered to include a reference to undertakings intending to engage in such occupation. ”

MOBILITY PACKAGE – CONSULTATION MEETING Regulation 1071/2009 - Access to Transport Market Main challenges addressed by amendments: • Unfair competition from operators of Light Commercial Vehicles (LCV’s) which are unregulated; • Unfair competition from operators using letter box companies in low cost Member States (MS’s) .

MOBILITY PACKAGE – CONSULTATION MEETING Regulation 1071/2009 - Access to Transport Market Proposed amendments Unfair competition from operators of LCV’s : • Scope of Regulation will be extended to LCV’s, down to vehicles with GVW exceeding 2.5 Tonnes involved in international transport operations; • All requirements applicable for Heavy Goods Vehicles (HGV’s) shall also apply to LCV’s ; • However financial standing for LCV’s is proposed at € 1,800 per vehicle; • Operators may operate both HGV’s and LCV’s . Malta agrees with these amendments. Overall consensus amongst MS’s

MOBILITY PACKAGE – CONSULTATION MEETING Regulation 1071/2009 - Access to Transport Market Proposed amendments Letter Box Companies: • Core business documents kept/accessed at premises in MS of establishment; • Subject to tax in MS of establishment; • Facilities, vehicles and employees in proportion to the transport operations carried out; • Revised rules for determining good repute of undertaking’s directors and transport manager; • Possibility for Start-Ups to prove their financial standing through letters of credit from banks; • New data to be included in the National Electronic Registers Malta agrees with these amendments. Overall consensus amongst MS’s

MOBILITY PACKAGE – CONSULTATION MEETING Agenda Regulation (EC) No. 1072/2009 Road Haulage Market

MOBILITY PACKAGE – CONSULTATION MEETING Regulation 1072/2009 – Road Haulage Market Scope of Current Regulations: “This Regulation shall apply to the international carriage of goods by road for hire or reward for journeys carried out within the territory of the Community. ”

MOBILITY PACKAGE – CONSULTATION MEETING Regulation 1072/2009 – Road Haulage Market Main challenges addressed by amendments: • Unfair competition from operators of Light Commercial Vehicles (LCV’s) which are unregulated; • Claims of abuse of cabotage rules.

MOBILITY PACKAGE – CONSULTATION MEETING Regulation 1072/2009 – Road Haulage Market Proposed amendments Unfair competition from operators of LCV’s : • All regulations to apply also to LCV’s with GVW exceeding 2.5 tonnes involved in international transport operations; • Community Authorisations and Certified-True-Copies to include an indication of vehicle category (HGV or LCV). Malta agrees with these amendments. Overall consensus amongst MS’s

MOBILITY PACKAGE – CONSULTATION MEETING Regulation 1072/2009 – Road Haulage Market Proposed amendments Abuse of cabotage rules: • 3-trip rule to be removed; • Better definition of start of cabotage; • Cabotage duration in discussion – may be reduced to 5 days; • Cooling-off period proposed – truck may not start new cabotage operation in same MS for 2 days from end of previous cabotage; • Drivers to use CMR/eCMR to prove their compliance with rules. Malta wants longer cabotage period, no cooling-off period. Big disagreement between MS’s.

MOBILITY PACKAGE – CONSULTATION MEETING Agenda Directive 2006/1/EC Leasing of Vehicles

MOBILITY PACKAGE – CONSULTATION MEETING Directive 2006/1/EC - Leasing of Vehicles Scope of Current Regulations: This Directive sets out the requirements for the leasing of goods vehicles used by undertakings engaged in the carriage of goods for Hire or Reward or on Own Account.

MOBILITY PACKAGE – CONSULTATION MEETING Directive 2006/1/EC - Leasing of Vehicles Main challenge addressed by amendments: • Difficulties for undertakings when leasing vehicles from foreign MS’s .

MOBILITY PACKAGE – CONSULTATION MEETING Directive 2006/1/EC - Leasing of Vehicles Proposed amendments Difficulties when leasing from foreign MS’s : • All MS’s to allow their undertakings to lease vehicles from other MS’s ; • MS’s may impose restrictions in time and quantity on undertakings established in their territory; • MS’s cannot restrict use of leased vehicles operated by undertakings established in other MS’s ; • Requirement to inform MS of vehicle origin when it is operated by a haulier established in a different MS. Malta agrees with these amendments. Ongoing debate since some MS’s oppose this move, mostly for tax purposes.

MOBILITY PACKAGE – CONSULTATION MEETING Agenda Directive 92/106/EEC Combined Transport

MOBILITY PACKAGE – CONSULTATION MEETING Directive 92/106/EEC - Combined Transport Scope of Current Regulations: “This Directive shall apply to combined transport operations … For the purposes of this Directive, ‘combined transport’ means the transport of goods between Member States where the lorry, trailer, semi-trailer, with or without tractor unit, swap body or container of 20 feet or more uses the road on the initial or final leg of the journey and, on the other leg, rail or inland waterway or maritime services where this section exceeds 100 km as the crow flies and make the initial or final road transport leg of the journey; — between the point where the goods are loaded and the nearest suitable rail loading station for the initial leg, and between the nearest suitable rail unloading station and the point where the goods are unloaded for the final leg, or — within a radius not exceeding 150 km as the crow flies from the inland waterway port or seaport of loading or unloading. ”

MOBILITY PACKAGE – CONSULTATION MEETING Directive 92/106/EEC - Combined Transport Main challenge addressed by amendments: • Obsolete and ineffective provisions; • Directive needs a revamp to achieve set objective (30% of road freight over 300km shifted to other modes of transport – rail, vessels) by 2030;

MOBILITY PACKAGE – CONSULTATION MEETING Directive 92/106/EEC - Combined Transport Proposed amendments Obsolete, ineffective, needs a revamp: • Road leg limits set at the highest of 150km or 20% of total trip; • Revised list of documents required to prove compliance, including electronic documents; • Commitment by EU and MS’s to improve the infrastructure to achieve transhipment terminal at no more than 150km from any pick up or delivery points; • MS’s pushed to offer better financial incentives for the use of Combined Transport Operations. Malta agrees with these amendments. Ongoing debate between MS’s but not far from agreement.

MOBILITY PACKAGE – CONSULTATION MEETING Agenda Discussion & Coffee Break

MOBILITY PACKAGE – CONSULTATION MEETING Agenda Regulation (EC) No. 561/2009 Driving Time

MOBILITY PACKAGE – CONSULTATION MEETING Regulation (EC) No. 561/2009 - Driving Time Scope of Current Regulations: “This Regulation lays down rules on driving times, breaks and rest periods for drivers engaged in the carriage of goods and passengers by road in order to harmonise the conditions of competition between modes of inland transport, especially with regard to the road sector, and to improve working conditions and road safety. This Regulation also aims to promote improved monitoring and enforcement practices by Member States and improved working practices in the road transport industry. ”

MOBILITY PACKAGE – CONSULTATION MEETING Regulation (EC) No. 561/2009 - Driving Time Main challenge addressed by amendments: • Unclear exemptions; • Unclear obligation to record driver’s other work activities; • Unclear way to take breaks in multi-manning operations; • Lack of flexibility in recording of driving and rest times; • Uncertainty about where to take regular weekly rest periods; • Drivers stay away from ‘home’ for long periods.