(1)

The White Paper ‘Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system’ published in 2011 emphasised the need to reduce greenhouse gas emissions, particularly carbon dioxide (CO2) emissions, by 60 % in comparison with 1990 levels by 2050 , as well as by 20 % by 2020 . [Am. 1]

(1a)

As there are currently no policies in place to deal with the rising CO2 emissions from trucks, the Commission should assess the introduction of fuel efficiency standards for trucks, further extending its legislative approach in respect of cars and vans. [Am. 2]

(2)

In this context, the White Paper proposed to adapt Council Directive 96/53/EC (3) in the aim of reducing energy consumption and greenhouse gas emissions, so as to adapt the legislation to technological developments and changing market needs and to facilitate intermodal transport.

(3)

Technological developments include the possibility of attaching retractable or foldable aerodynamic devices to the rear of vehicles, mainly trailers or semi-trailers, but which then exceed the maximum lengths allowed under Directive 96/53/EC. This equipment may be installed as soon as this Directive enters into force, as the products are available on the market and already used in other continents. The same applies to energy-absorbing aerodynamic cowls and underrun protective devices affixed in the area of the wheels on the sides and at the rear under the trailers, semi-trailers and vehicles. These can significantly improve the energy efficiency of the vehicle while also significantly reducing the risk of injury to other road users. This Directive should also encourage and facilitate innovation in vehicle and transport unit design. [Am. 3]

(3a)

The Commission should develop an approach aimed at reducing empty runs in road freight transport within the framework of measures concerning ‘weights and dimensions’, as well as minimum harmonisation rules for road cabotage, in order to avoid dumping practices. Furthermore, the review of Directive 1999/62/EC of the European Parliament and of the Council  (4) (‘the Eurovignette Directive’) should also be used to reflect progress in estimating the external costs, and to mandate the internalisation of external costs, for heavy goods vehicles. The Commission should present, before 1 January 2015, a proposal to amend the Eurovignette Directive. [Am. 4]

(4)

Heavy-good vehicles are responsible for about 26 % of road transport CO2 emissions in Europe while their fuel efficiency has hardly improved over the last 20 years. The improved aerodynamics of the cabs of motor vehicles would also allow significant gains on in the energy performance of vehicles, in conjunction with the devices mentioned in recital 3 above , and are urgently needed in order for the road freight sector to significantly reduce vehicle emissions . However, this improvement is impossible under the current maximum lengths set by Directive 96/53/EC without reducing the vehicle load capacity and threatening the economic equilibrium of the sector. Therefore a derogation from this maximum length is required. Any such derogation should not be used to increase the payload of the vehicle. [Am. 5]

(5)

In its policy orientations on road safety 2011-2020, the Commission set out measures to make vehicles safer and better protect vulnerable road users. The importance of visibility for vehicle drivers was also underlined in the Commission’s report to the European Parliament and the Council on the implementation of Directive 2007/38/EC of the European Parliament and of the Council (5). A new cab profile will also contribute to improving road safety by reducing the blind spot in the drivers’ vision, including under the windscreen and to the side of the vehicle , which should help save the lives of many vulnerable road users such as pedestrians or cyclists. The new cab profile should therefore, after an appropriate transitional period, become mandatory. This new profile could should also incorporate energy absorption structures in the event of a collision. The potential gain in the volume of the cab would also improve the driver’s comfort and safety. [Am. 6]

(6)

Aerodynamic devices and their installation in vehicles must be tested , in accordance with the test procedure for the measurement of aerodynamic performance which is being developed by the Commission, before being put on the market. To this end, Member States are to issue certificates that will be recognised by other Member States. The Commission should develop detailed technical guidelines on the application and requirements for certificates. [Am. 7]

(6a)

The 2011 White Paper on Transport provides that 30 % of road freight carried over distances of more than 300 km should shift to other modes, such as rail or waterborne transport, by 2030, and more than 50 % by 2050, facilitated by efficient and green freight corridors. In order to meet this goal, appropriate infrastructure will need to be developed. This goal was approved by the European Parliament in its resolution of 15 December 2011 on the Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system  (6) . [Am. 8]

(6b)

In order to meet the objectives of the 2011 White Paper on Transport, the revision of Directive 96/53/EC will present an opportunity to improve the safety and comfort of drivers, taking into account the requirements laid down in Council Directive 89/391/EEC  (7) (‘the Occupational Health and Safety Framework Directive’). [Am. 9]

(7)

Longer vehicles may be used in cross-border transport if the two Member States concerned already allow it and if the conditions for derogation under Article 4(3), (4) or (5) of the Directive are met. The European Commission has already provided guidance on the application of Article 4 of the Directive. The transport operations referred to in Article 4(4) do not have a significant impact on international competition if the cross-border use remains limited to two Member States where the existing infrastructure and the road safety requirements allow it. This balances the Member States’ right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the need to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respect. [Am. 10]

(8)

Using alternative engines that no longer rely only on fossil fuels and are therefore non-polluting or less polluting, such as electric or hybrid engines for heavy-duty vehicles or buses (mainly in urban or suburban environments) generates extra weight which should not be counted at the expense of the effective load of the vehicle so that the road transport sector is not penalised in economic terms. Vehicles equipped with low-carbon technologies should be permitted to exceed the maximum weight by up to one tonne, depending on the weight required for the technology. However, the extra weight should not increase the load capacity of the vehicle. The principle of technological neutrality should be maintained. [Am. 11]

(9)

The White Paper on Transport also stresses the need to monitor developments in intermodal transport, particularly in the area of containerisation, where 45-foot containers are increasingly used. They are transported by rail or inland waterways. But the road components of intermodal journeys can only be undertaken today if both the Member States and the transporters follow cumbersome administrative procedures or if these containers have patented chamfered corners, the cost of which is prohibitive. Increasing the length of the vehicles transporting them by 15 cm could eliminate these administrative procedures for transporters and facilitate intermodal transport, without risk or prejudice to the infrastructure or other road users. The small increase that this 15 cm represents in relation to the length of an articulated truck (16,50 m) does not constitute an additional risk to road safety. In the policy orientation of the White Paper on Transport, this increase is however authorised only for intermodal transport, for which the road component does not exceed 300 km for operations involving a rail, river or sea component. This distance appeared sufficient to link an industrial or commercial site with a freight terminal or a river port. To link a seaport and support the development of motorways of the sea, a longer distance is possible for a short intra-European maritime transport operation. [Am. 12]

(10)

To further promote intermodal transport and take into account the unladen weight of 45-foot containers, the provision authorising the circulation of 44-tonne combinations of vehicles with 5 or 6 axles transporting 40-foot containers in intermodal transport should be extended to those carrying 45-foot containers.

(11)

Since the adoption of Directive 96/53/EC, the average weight of bus passengers and their luggage has increased substantially, leading to a gradual reduction in the number of passengers carried, given the weight limits imposed by the Directive. The need to promote public transport over private transport in the interests of better energy efficiency means that the previous number of bus passengers must be re-established, taking into account this increase in their weight and that of their luggage. This can be done by increasing the authorised weight for buses with two axles, within limits that nonetheless ensure that the infrastructure is not damaged through faster erosion.

(12)

The authorities responsible for enforcing road transport-related requirements note a high number of infringements, sometimes serious, particularly in relation to the weight of transport vehicles. This situation stems from the insufficient number of checks conducted under Directive 96/53/EC, or from their inefficiency. Furthermore, the procedures and rules for checks differ between Member States, creating legal uncertainty for drivers of vehicles operating in several Member States of the Union. Furthermore, transporters that do not comply with the relevant rules enjoy a significant competitive advantage over competitors that do comply with the rules, and over other modes of transport. This situation constitutes an obstacle to the proper functioning of the internal market and a risk to road safety . It is therefore important that Member States increase the pace and efficiency of checks carried out, both the manual checks and the pre-selections for manual checks , based on a risk-rating system . [Am. 13]

(13)

Simple technological solutions, fixed or mobile, are now available that allow inspectors to preselect vehicles suspected of infringements without stopping the vehicles in question, which is less disadvantageous in terms of traffic flow, less onerous and allows optimal safety conditions. Some devices may be installed onboard heavy goods vehicles and give the driver a way of checking whether his or her vehicle is compliant with the law. These onboard devices may also use a microwave communication interface to communicate their data to officials or to roadside automatic inspection systems without stopping the vehicle. The pre-selection should have a minimum threshold of one weighing per 2 000 vehicle kilometres to ensure the effectiveness of the roadside checks on the territory of the Union, because this would allow every vehicle to be checked on a statistical average of every three days.

(14)

The observation of a high number of infringements of the provisions of Directive 96/53/EC is to a large extent due to the non-deterrent level of penalties prescribed by Member States’ legislation for violations of these rules, or even the absence of any such penalties. This weak point is further compounded by the wide variety in the levels of administrative penalties applicable in the different Member States. To remedy these weak points, the levels and categories of administrative penalties for infringements of Directive 96/53/EC should be approximated at Union level. These administrative penalties should be effective, proportionate, and dissuasive and non-discriminatory . [Am. 14]

(15)

The inspection authorities in the Member States must be able to exchange information to make checking the weight of vehicles or vehicle combinations more effective at international level, and to facilitate the smooth operation of these checks, in particular the identification of offenders, the description of offences and penalties applied, and the state of good repute of the undertaking concerned. The contact point designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council (8) could serve as a relay for this exchange of information.

(16)

The European Parliament and the Council should be regularly informed of the checks on road traffic carried out by the Member States through their respective contact points . This information, provided by the Member States, will enable the Commission to ensure compliance with this Directive by hauliers and to define whether or not additional coercive measures should be developed. [Am. 15]

(16a)

The Commission should review Annex I to Directive 96/53/EC and report on its implementation, taking into account, inter alia, impacts on international competition, modal split, costs of infrastructure adaption and the environmental and safety objectives of the European Union as set in the 2011 White Paper on Transport. [Am. 16]

(17)

The Commission should be empowered to adopt delegated acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, to define the requirements imposed on new aerodynamic and underrun protective devices placed at the sides and in the rear of the vehicle or the design of new motor vehicles, with a view to reviewing European type-approval procedures as referred to in Directive 2007/46/EC of the European Parliament and of the Council  (9) within the framework of UNECE regulations, as well as the technical specifications to ensure full interoperability of onboard weighing devices, and guidelines on the procedures for checking the weight of vehicles in circulation. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The consultations should include the interested parties such as manufacturers, drivers, road safety associations, traffic authorities, and training centres. The Commission, when preparing and drawing-up delegated acts, shall ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council shall publish a report on the results of the consultation. The interested parties should be left sufficient time to comply with these requirements . [Am. 17]

(18)

Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Directive, be better achieved at Union level, the Union may take the necessary measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in the same Article, this Directive does not exceed what is necessary in order to achieve that objective.

(19)

Directive 96/53/EC should therefore be amended accordingly,

(1)

The references to Council Directive 70/156/EEC are replaced by a reference to Directive 2007/46/EC.

(2)

The following definitions are added to the first subparagraph of Article 2:

(3)

Article 4(6) is deleted.

(4)

Article 5 is amended as follows:

(5)

Article 8 is replaced by the following:

‘Article 8

1.   With the aim of improving the aerodynamic performance of vehicles or combinations of vehicles, vehicles or combinations of vehicles equipped with devices that meet the criteria set out below may exceed the maximum lengths provided for in point 1.1 of Anne x I  by up to 500 mm . The only purpose of these exceedances is to allow the addition to the rear of vehicles or vehicle combinations of devices increasing their aerodynamic characteristics. [Am. 23]

2.   The performance and safety requirements to be met by the devices referred to in the first paragraph are as follows:

The exceedances of maximum lengths do not increase the load capacity of vehicles or combinations of vehicles. [Am. 28]

3.   Before being put on the market, the additional aerodynamic devices and their installation on vehicles shall be authorised by the Member States, which within the framework of Directive 2007/46/EC of the European Parliament and of the Council (*1) . Member States shall issue a certificate to this effect, attesting compliance with the requirements mentioned in paragraph 2 above and indicating that the device contributes significantly to improving aerodynamic performance. The certificates of authorisation issued in one Member State shall be recognised by the other Member States. [Am. 29]

4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 16, to complement the requirements referred to in paragraph 2. These shall take the form of technical characteristics, minimum levels of performance, design constraints, and procedures for the establishment of the test certificate referred to in paragraph 3. The delegated acts shall be, for the first time, adopted no later than 2 years after the publication of this Directive . [Am. 30]

When exercising its power, the Commission shall ensure coherence with the Union's legal acts on type approval. [Am. 31]

5.   Pending the adoption of the delegated acts, the vehicles or combinations of vehicles equipped with aerodynamic devices to the rear, which meet the requirements referred to in paragraph 2 and were tested in accordance with paragraph 3 may circulate if their length exceeds the length laid down in Annex I, point 1.1 by no more than two metres. This transitional measure shall apply from the date of entry into force of this Directive. [Am. 32]

(*1)  Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L 263, 9.10.2007, p. 1).’"

(6)

Article 8a is deleted.

(7)

Article 9 is replaced by the following:

‘Article 9

1.   In the aim of improving the aerodynamic performance and road safety of vehicles or combinations of vehicles, vehicles or combinations of vehicles that meet the criteria set out in paragraph 2 below may exceed the maximum lengths provided for in point 1.1 of Annex I. The main purpose of these exceedances is to allow the construction of tractor cabs improving the aerodynamic characteristics of vehicles or combinations of vehicles, and improving road safety for vulnerable road users and vehicles involved in rear-end collisions . [Am. 33]

2.   The performance and safety requirements to be met by the cabs referred to in the first paragraph are as follows:

The exceedances of the maximum length shall not lead to the increase in the load capacity of vehicles or combinations of vehicles.

2a.     With the aim of improving the driver’s safety and comfort, and ultimately to ensure the improvement of road safety of the vehicles in the scope of this Directive, the safety and comfort requirements referred to in Article 9(2) to be met by the driver’s cabs are as follows:

3.   Before they are put on the market, the aerodynamic and safety performance of new motor vehicle designs shall be tested within the framework of Directive 2007/46/EC by Member States, who will issue a certificate to this end. This will certify compliance with the requirements of paragraph 2 above. The test of the aerodynamic performance of these vehicles shall be in line with the relevant rules for measurement of aerodynamic performance developed by the Commission. The test certificates issued in one Member State shall be recognised by the other Member States. [Am. 39]

3a.     New N2 and N3 vehicles and combination of vehicles shall use cabs that comply with the safety requirements referred to in Article 9(2) from [seven years from the entry into force of this Directive]. [Am. 40]

4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 16 and in line with the existing UN ECE regulations , to complement the requirements which the new tractor cabs must meet, and which are referred to in paragraph 2. These shall take the form of technical characteristics, minimum levels of safety and aerodynamic performance, design constraints, and procedures for the establishment of the test certificate referred to in paragraph 3. The delegated acts shall be, for the first time, adopted no later than 2 years after the publication of this Directive. [Am. 41]

(*2)   Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).’"

(8)

In Article 10, the words ‘from the date in Article 11’ are replaced by the words ‘17 September 1997’.

(9)

Article 10a is replaced by the following:

‘Article 10a

The maximum weights of vehicles with hybrid propulsion or fully electric propulsion equipped with low carbon technologies shall be those set out in Annex I, point 2.3.1 2.3.4 . [Am. 42]

The vehicles with hybrid or electric propulsion equipped with low-carbon technologies must however comply with the limits set out in Annex I point 3: maximum authorized axle weight.’[Am. 43]

(10)

Article 11 is replaced by the following:

‘Article 11

The maximum dimensions laid down in Annex I points 1.1 and 1.6 may be exceeded by 15 cm for vehicles or combinations of vehicles engaged in the transport of 45-foot containers or swap bodies, if the road transport of the container or swap body is part of an intermodal a combined transport operation. [Am. 44]

For the purposes of this Article, and of point 2.2.2(c) of Annex I, an intermodal transport operation shall include at least rail, river or sea transport at least. It shall also include a road section for its initial and/or terminal journey. Each of these road sections shall be less than 300 km in the territory of the European Union or just as far as the closest terminals between which there is a regular service. A transport operation shall also be regarded as intermodal transport if it uses intra-European short sea shipping, regardless of the lengths of the initial and terminal road journeys. The initial road journey and the terminal road journey for an operation using intra-European short sea shipping takes place from the point where the goods are loaded to the nearest appropriate seaport for the initial leg, and/or where appropriate between the nearest appropriate seaport and the point where the goods are unloaded for the final leg By 2017, the Commission shall, if appropriate, make a legislative proposal to amend Council Directive 92/106/EEC  (*3) and, in particular, the existing definition of combined transport, in order to take into account the development of containerisation and in view of facilitating the development of efficient intermodal transport . [Am. 45]

(*3)   Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, p. 38). ’"

(11)

Article 12 is replaced by the following:

‘Article 12

1.   The Member States shall establish a system for pre-selecting, and targeting and carrying out checks on vehicles or combinations of vehicles in circulation, in order to ensure compliance with the requirements of this Directive. [Am. 46]

Member States shall ensure that the information concerning the number and severity of any infringements of this Directive that an individual undertaking has committed is introduced into the risk rating system established under Article 9 of Directive 2006/22/EC of the European Parliament and of the Council  (*4) . [Am. 47]

When identifying vehicles to be subject to checks, Members States may select as a priority vehicles operated by undertakings with a high-risk profile as referred to in Directive 2006/22/EC. Vehicles may also be selected randomly for checks. [Am. 48]

2.   After the expiry of a period of two years from the date of entry into force of this Directive, Member States shall measure the weight of vehicles or combination of vehicles in circulation. The purpose of these pre-selection measures is to increase the efficiency of the checks and identify vehicles that are likely to have committed an offence and that should be checked manually. These measures may be taken with the aid of automatic systems set up on the infrastructure, or onboard systems installed in vehicles in line with paragraph 6 below. The automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights. As these automatic systems are only to be used for pre-selection purposes, and not to define an offence, they do not have to be certified by the Member States. The onboard systems may be integrated with digital tachographs installed in vehicles in line with Regulation (EU) No 165/2014 of the European Parliament and of the Council  (*5) . [Am. 49]

3.   Member States shall take a number of preselection measures equivalent to at least one weighing per 2 000 vehicle kilometres per year on average.

4.   Member States shall ensure that the competent authorities exchange the information necessary to make these checks more effective at EU level, and to facilitate their conduct, notably through the national contact point responsible for the exchange of information with the other Member States. This necessary information shall include in particular the identification of offenders, the description of the offences committed and penalties imposed, and the reputation of the company concerned. The contact point is designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council (*6).

5.   Vehicles suspected of being overweight following the pre-selection procedure conducted pursuant to paragraph 2 shall be subject to at least one of the following measures:

6.   In accordance with paragraph 1, Member States shall encourage the equipment of new N2 and N3 vehicles and vehicle combinations shall be fitted with onboard weighing devices systems (total weight and axle load) to that enable the weight data to be communicated at any time from a moving vehicle to an authority carrying out roadside inspections or responsible for regulating the transport of goods from [five years from the entry into force of this Directive] . This communication shall be through the interface defined by the CEN DSRC (*7) standards EN 12253, EN 12795, EN 12834, EN 13372 and ISO 14906. The information shall also be accessible for the driver. [Am. 50]

7.   The Commission shall be empowered to adopt delegated acts, in accordance with Article 16, concerning:

7a.     The Commission shall assess whether the onboard systems, when interconnected to the digital tachograph, can be useful to enforce other road transport legislation. The Commission shall, if appropriate, come forward with legislative proposals. [Am. 52]

(*4)   Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35). "

(*5)   Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1). "

(*6)  Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51)."

(*7)  DSRC: Dedicated Short-Range Communications.’"

(12)

Article 13 is replaced by the following:

‘Article 13

1.   Infringements of this Directive are divided into different categories according to their severity.

2.   An overload of less than 5 2  % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall give rise to a written warning to the transport company, which could give rise to a penalty, if the national legislation provides for this type of penalty; [Am. 53]

3.   An overload of between 5 2 % and 10 15  % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered as a minor offence within the meaning of this Directive, and shall give rise to a financial penalty. The inspection authorities may also immobilise the vehicle for unloading until it reaches the maximum authorised weight; [Am. 54]

4.   An overload of between 10 and 20 % 15  % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a serious infringement within the meaning of this Directive. It shall give rise to a financial penalty and the immediate immobilisation of the vehicle for unloading until it reaches the maximum authorised weight, [Am. 55]

5.   An overload of more than 20 % 15  % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a very serious infringement within the meaning of this Directive, because of the increased risks incurred by other road users. This shall give rise to an immediate immobilisation of the vehicle for unloading until it reaches the maximum authorised weight, and to a financial penalty. The procedure leading to the loss of good repute of the transport company shall be implemented in accordance with Article 6 of Regulation (EC) No 1071/2009  (12), [Am. 56]

6.   An excess length or excess , height or width of less than 2 % 1 % of the maximum dimensions indicated in point 1of Annex 1 shall give rise to a written warning to the transport company, which could give rise to a penalty, if the national legislation provides for such a penalty. [Am. 57]

7.   An excess length or excess , height or width of between 2 1 and 20 % 10 % of the maximum dimensions indicated in point 1 of Annex 1, either of the load on board or of the vehicle itself, shall give rise a financial penalty for the haulier . The inspection authorities shall immobilise the vehicle until its unloading if the excess length or excess width comes from the load or until the transport company obtains a special permit in accordance with Article 4(3); [Am. 58]

8.   An excess length or excess , height or width of the load or of the vehicle of more than 20 % 10 % of the maximum dimensions indicated in point 1 of Annex 1 shall be considered as a very serious infringement within the meaning of this Directive, because of the increased risks incurred by other road users. It shall give rise to a financial penalty for the haulier and to the immediate immobilisation of the vehicle by the inspection authorities, until its unloading or until the transport company obtains a special permit in accordance with Article 4(3), if the excess length or excess width comes from the load. The procedure leading to the loss of good repute of the transport company shall be implemented in accordance with Article 6 of Regulation (EC) No 1071/2009. [Am. 59]

9.   The financial penalties referred to in paragraphs 3, 4, 5, 7, and 8 shall be effective, proportionate and dissuasive.’

(13)

The following Article is added:

‘Article 14

For the transport of containers, the shipper shall give the road haulier to whom it entrusts the transport of a container , in advance of loading, a  written statement indicating the gross weight of the container moved. If this That statement can also be submitted by electronic means. Irrespective of its form, the document declaring the gross weight of the container shall be signed by a person duly authorised by the shipper. If the information on the gross weight of the container information is missing or incorrect, the shipper shall incur liability in the same way as the haulier if the vehicle is overloaded. [Am. 60]

In intermodal transport operations, the information on the gross weight of a packed container shall be provided to the next party taking custody of the container.’ [Am. 61]

(14)

The following Article is added:

‘Article 15

Every two years in the first quarter of the calendar year, the Member States shall send the Commission a report on the checks carried out in the previous two calendar years, the results of these checks and the penalties imposed on the offenders. The Commission shall produce an analysis of these reports and send it to the European Parliament and the Council in the second quarter of the calendar year.’

(15)

The following Article is added:

‘Article 16

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 8(4), Article 9(5) and Article 12(7) shall be conferred on the Commission for an indeterminate a period of time five years from the [date of entry into force of this Directive] . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 62]

3.   The delegation of power referred to in Articles 8(4), 9(5) and 12(7) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 8(4), Article 9(5) and Article 12(7) shall enter into force only if the European Parliament or the Council did not express an objection within a period of two months of notification of that act to these two institutions, or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission of their intention not to raise objections. That period can be extended by two months at the initiative of the European Parliament or the Council.’

(15a)

The following Article is added:

‘Article 16a

By 2016, the Commission shall review Annex I to Directive 96/53/EC and submit a report on its implementation to the European Parliament and the Council. On the basis of this report, the Commission, shall, if appropriate, make a legislative proposal duly accompanied by an impact assessment. The report shall be made available at least 6 months prior to any legislative proposal.’ [Am. 63]

(15b)

The following Article is added:

‘Article 16b

By 1 January 2016 the Commission shall complete a review of this Directive and, if appropriate, on the basis of such a review and its impact assessment, shall submit a proposal to the European Parliament and to the Council by 1 January 2017, to mandate the safety requirements laid down in Article 9(2) for all new M2 and M3 vehicles.’ [Am. 64]

(16)

Annex I is amended as follows: