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

TM – MEUSAC CONSULTATION MEETING

Presented by: Ing. Ronald Attard Pullicino

Date: 4th April 2018

Mobility package

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

Scope of Current Regulations:

“This Regulation governs admission to, and the pursuit of, the occupation

• f road transport operator.

This Regulation shall apply to all undertakings established in the Community which are engaged in the occupation of road transport

• perator. 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

Regulation 1071/2009 - Access to Transport Market

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.

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments Malta agrees with these amendments. Overall consensus amongst MS’s

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
• perations 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

MOBILITY PACKAGE – CONSULTATION MEETING

Regulation 1071/2009 - Access to Transport Market

Proposed amendments Malta agrees with these amendments. Overall consensus amongst MS’s

Agenda

MOBILITY PACKAGE – CONSULTATION MEETING

Regulation (EC) No. 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

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).

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments Malta agrees with these amendments. Overall consensus amongst MS’s

Regulation 1072/2009 – Road Haulage Market

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
• peration in same MS for 2 days from end of previous cabotage;
• Drivers to use CMR/eCMR to prove their compliance with rules.

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments Malta wants longer cabotage period, no cooling-off period. Big disagreement between MS’s.

Regulation 1072/2009 – Road Haulage Market

Agenda

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

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.

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments Malta agrees with these amendments. Ongoing debate since some MS’s

• ppose this move, mostly for tax purposes.

Directive 2006/1/EC - Leasing of Vehicles

Agenda

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

• n 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,

• r

— 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

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.

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments Malta agrees with these amendments. Ongoing debate between MS’s but not far from agreement.

Directive 92/106/EEC - Combined Transport

Agenda

MOBILITY PACKAGE – CONSULTATION MEETING

Discussion & Coffee Break

Agenda

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

• rder 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.

MOBILITY PACKAGE – CONSULTATION MEETING

Regulation (EC) No. 561/2009 - Driving Time

Unclear exemptions :

• Exemption for trucks with GVW not exceeding 18 tonnes used in

non-commercial activity;

• New definition for non-commercial carriage:

'non-commercial carriage' means any carriage by road, other than carriage for hire or reward or for own account, for which no direct or indirect remuneration is received and which does not directly or indirectly generate any income for the driver of the vehicle or others and where there is no link with professional or commercial activity.”

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments Malta agrees with these amendments. General agreement amongst MS’s.

Regulation (EC) No. 561/2009 - Driving Time

Unclear obligation to record driver’s other work activities:

• Maximum total accumulated driving time over 4 weeks – 180hrs

(45hr/wk)

• But maximum total accumulated driving over any 3 consecutive

weeks within same period – 159hrs (53hrs/wk)

• Other work activities conducted by driver to be included

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments

Regulation (EC) No. 561/2009 - Driving Time

Malta agrees with these amendments. General agreement amongst MS’s.

Unclear way to take breaks in multi-manning operations:

• Driver may take 45 minutes break in truck whilst another driver

is driving;

• Provided that safety is not jeopardised.

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments

Regulation (EC) No. 561/2009 - Driving Time

Malta agrees with these amendments. General agreement amongst MS’s.

Lack of flexibility in recording of driving and rest times: “In any four two consecutive weeks a driver shall take at least: – four two regular weekly rest periods, or – two one regular weekly rest periods and two one reduced weekly rest periods of at least 24 hours. The reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the third fourth week following the week in question. A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period."

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments

Regulation (EC) No. 561/2009 - Driving Time

Malta agrees with these amendments. General agreement amongst MS’s.

Lack of flexibility in recording of driving and rest times: “Provided that road safety is not thereby jeopardised and to enable the

vehicle to reach a suitable stopping place, the driver may depart from Articles 6 to 9 to the extent necessary to ensure the safety of persons, of the vehicle or its load. Provided that road safety is not thereby jeopardised, the driver may also depart from Articles 6(1) and (2) and 8(2) by exceeding the daily and weekly driving time by four hours in order to reach the employer's

• perational centre or the driver's place of residence. The driver shall

indicate the reason for such departure manually on the record sheet of the recording equipment or on a printout from the recording equipment

• r in the duty roster, at the latest on arrival at the destination or the

suitable stopping place."

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments

Regulation (EC) No. 561/2009 - Driving Time

Malta agrees with these amendments. General agreement amongst MS’s.

Uncertainty about where to take regular weekly rest periods:

• Regular weekly rest periods may not be taken in the truck unless:

– Truck is adequate for sleeping; – Truck is parked in a dedicated safe parking area.

• Commission is conducting a study on the availability of such

dedicated safe parking areas across the whole EU territory;

• Specifications for such safe areas are being established;
• Commission to publish and maintain a list of safe parking areas;
• Costs for accommodation outside vehicle to be borne by

employer.

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments

Regulation (EC) No. 561/2009 - Driving Time

Malta disagrees with these amendments until there are enough safer parking areas all over EU. Open issue with divergent positions amongst MS’s

Drivers stay away from ‘home’ for long periods: “A transport undertaking shall organise the work of drivers in such a way that the drivers are able to return to the employer's

• perational centre or to the driver's place of residence within

each period of three six consecutive weeks, in order to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest.";

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments

Regulation (EC) No. 561/2009 - Driving Time

Malta initially opposed this requirement but the six weeks compromise could be accepted. MS’s slowly converging on this compromise.

Agenda

MOBILITY PACKAGE – CONSULTATION MEETING

Regulation (EU) No. 165/2014 Tachographs

Scope of Current Regulations:

“This Regulation sets out obligations and requirements in relation to the construction, installation, use, testing and control of tachographs used in road transport, in order to verify compliance with Regulation (EC) No 561/2006, Directive 2002/15/EC of the European Parliament and of the Council and Council Directive 92/6/EEC .”

MOBILITY PACKAGE – CONSULTATION MEETING

Regulation (EU) No. 165/2014 - Tachographs

Main challenge addressed by amendments:

• Limited scope for use of data collected from tachographs;
• Missing provisions concerning smart tachographs;
• No means to record border crossings and start and end of daily

work period.

MOBILITY PACKAGE – CONSULTATION MEETING

Regulation (EU) No. 165/2014 - Tachographs

Limited scope for use of data collected from tachographs:

• Data collected from tachographs to be used to enforce:

– Driving Time and Working Time rules; – International Carriage and Cabotage rules; – Combined Transport rules; – Posting of Workers rules.

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments Malta agrees with these amendments but reserved position on PoW. General agreement amongst MS’s.

Regulation (EU) No. 165/2014 - Tachographs

Missing provisions concerning smart tachographs:

• Date for compulsory use of smart tachographs on all trucks used

for international carriage and cabotage moved from 2034 to 2028.

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments Malta agrees with these amendments but reserved position until final specs for smart tachographs are published. General agreement amongst MS’s.

Regulation (EU) No. 165/2014 - Tachographs

No means to record border crossings and location of rests:

• Smart tachographs to be set to update position every 3 hours

and whenever truck cross a border between MS’s;

• Driver to mark country symbol of entered MS at the first planned

stop following the border crossing (when not using smart tachograph);

• Driver to also mark country symbol where daily work period

starts and ends.

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments Malta agrees with these amendments. General agreement amongst MS’s.

Regulation (EU) No. 165/2014 - Tachographs

Agenda

MOBILITY PACKAGE – CONSULTATION MEETING

Rules on Posting of Workers

Scope of Current Regulations:

Current and future Posting of Workers Directive does not cater for drivers involved in international transport operations. Following unilateral application of PoW rules by certain MS’s, Commission proposed a set of specific rules which may be applied to transport

• perations.

MOBILITY PACKAGE – CONSULTATION MEETING

Rules on Posting of Workers

Main challenge addressed by rules:

• Social dumping of drivers originating from MS’s with lower

labour costs who are forced to work for long period within MS’s where labour costs are much higher.

MOBILITY PACKAGE – CONSULTATION MEETING

Rules on Posting of Workers

Proposed rules:

• PoW does not apply for any transit operations;
• PoW does not apply for international carriage if driver spends

less than 9 days/calendar month in a given MS;

• PoW does not apply for cabotage operations if driver spends less

than 5 days/calendar month in a given MS;

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments Malta originally opposed any application of PoW to transport. Currently pushing to have a 9-day limit for both types of operations. Major divergence amongst MS’s on this issue.

Rules on Posting of Workers

Proposed rules:

• Less than 12 hours work in a MS shall be considered as half day
• f posting;
• 12 – 24 hours work in a MS shall be considered as a full day of

posting;

• Breaks, daily and reduced weekly rest periods shall not be

considered as posting.

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments Malta pushing to exclude also regular weekly rest periods. Minor divergence amongst MS’s on this issue.

Rules on Posting of Workers

Proposed rules:

• Hauliers to file Posting Declarations through a common IT

solution amongst all MS’s (IMI system);

• Process is still unclear and being established by Commission;
• Declaration may be done for up to 6-months periods and shall

include:

– ID and contacts of operator and transport manager; – Qty and identity of drivers, and dates of start of employment; – Anticipated dates.

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments Malta reserved its position until the process is better defined. Minor divergence amongst MS’s on this issue.

Rules on Posting of Workers

Proposed rules:

• Drivers to keep a copy of the Posting Declaration, or to have

means to access it electronically (along with CMR/eCMR’s and tachograph records);

• Only the declaration may be asked at road side checks;
• Other docs may be asked from operator (payslips, proof of

payments, employment contracts).

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments Malta agrees with these amendments. Minor divergence amongst MS’s

• n this issue.

Rules on Posting of Workers

Agenda

MOBILITY PACKAGE – CONSULTATION MEETING

Directive 2006/22/EC Enforcement

Scope of Current Regulations:

“This Directive lays down minimum conditions for the implementation of Regulations (EEC) No 3820/85 and (EEC) No 3821/85.”

MOBILITY PACKAGE – CONSULTATION MEETING

Directive 2006/22/EC - Enforcement

• Scope extended to include current driving time and tachograph

Regulations and working time Directive;

• Amendments aimed to rely less on road side checks and more on

inspections at premises of operators.

MOBILITY PACKAGE – CONSULTATION MEETING

Proposed amendments

Directive 2006/22/EC - Enforcement

Malta agrees with these amendments. General agreement amongst MS’s.