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Document 02009R1072-20220221
Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (recast) (Text with EEA relevance)Text with EEA relevance
Consolidated text: Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (recast) (Text with EEA relevance)Text with EEA relevance
Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (recast) (Text with EEA relevance)Text with EEA relevance
02009R1072 — EN — 21.02.2022 — 003.001
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REGULATION (EC) No 1072/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 October 2009 on common rules for access to the international road haulage market (recast) (OJ L 300 14.11.2009, p. 72) |
Amended by:
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Official Journal |
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No |
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date |
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L 178 |
5 |
10.7.2012 |
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L 158 |
1 |
10.6.2013 |
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REGULATION (EU) 2020/1055 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 July 2020 |
L 249 |
17 |
31.7.2020 |
REGULATION (EC) No 1072/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 21 October 2009
on common rules for access to the international road haulage market
(recast)
(Text with EEA relevance)
CHAPTER I
GENERAL PROVISIONS
Article 1
Scope
Pending the conclusion of the agreements referred to in paragraph 2, this Regulation shall not affect:
provisions relating to the carriage from a Member State to a third country and vice versa included in bilateral agreements concluded by Member States with those third countries;
provisions relating to the carriage from a Member State to a third country and vice versa included in bilateral agreements concluded between Member States which, under either bilateral authorisations or liberalisation arrangements, allow loading and unloading in a Member State by hauliers not established in that Member State.
The following types of carriage and unladen journeys made in conjunction with such carriage shall not require a Community licence and shall be exempt from any carriage authorisation:
carriage of mail as a universal service;
carriage of vehicles which have suffered damage or breakdown;
until 20 May 2022: carriage of goods in vehicles the permissible laden mass of which does not exceed 3,5 tonnes;
from 21 May 2022: carriage of goods in vehicles the permissible laden mass of which does not exceed 2,5 tonnes;
carriage of goods in motor vehicles provided the following conditions are fulfilled:
the goods carried are the property of the undertaking or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking;
the purpose of the journey is to carry the goods to or from the undertaking or to move them, either inside or outside the undertaking for its own requirements;
motor vehicles used for such carriage are driven by personnel employed by, or put at the disposal of, the undertaking under a contractual obligation;
the vehicles carrying the goods are owned by the undertaking, have been bought by it on deferred terms or have been hired provided that in the latter case they meet the conditions of Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road ( 1 ); and
such carriage is no more than ancillary to the overall activities of the undertaking;
carriage of medicinal products, appliances, equipment and other articles required for medical care in emergency relief, in particular for natural disasters.
Point (d)(iv) of the first subparagraph shall not apply to the use of a replacement vehicle during a short breakdown of the vehicle normally used.
Article 2
Definitions
For the purposes of this Regulation:
‘vehicle’ means a motor vehicle registered in a Member State, or a coupled combination of vehicles the motor vehicle of which at least is registered in a Member State, used exclusively for the carriage of goods;
‘international carriage’ means:
a laden journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States, with or without transit through one or more Member States or third countries;
a laden journey undertaken by a vehicle from a Member State to a third country or vice versa, with or without transit through one or more Member States or third countries;
a laden journey undertaken by a vehicle between third countries, with transit through the territory of one or more Member States; or
an unladen journey in conjunction with the carriage referred to in points (a), (b) and (c);
‘host Member State’ means a Member State in which a haulier operates other than the haulier’s Member State of establishment;
‘non-resident haulier’ means a road haulage undertaking which operates in a host Member State;
‘driver’ means any person who drives the vehicle even for a short period, or who is carried in a vehicle as part of his duties to be available for driving if necessary;
‘cabotage operations’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, in conformity with this Regulation;
‘serious infringement of Community road transport legislation’ means an infringement which may lead to the loss of good repute in accordance with Article 6(1) and (2) of Regulation (EC) No 1071/2009 and/or to the temporary or permanent withdrawal of a Community licence.
CHAPTER II
INTERNATIONAL CARRIAGE
Article 3
General principle
International carriage shall be carried out subject to possession of a Community licence and, if the driver is a national of a third country, in conjunction with a driver attestation.
Article 4
Community licence
The Community licence shall be issued by a Member State, in accordance with this Regulation, to any haulier carrying goods by road for hire or reward who:
is established in that Member State in accordance with Community legislation and the national legislation of that Member State; and
is entitled in the Member State of establishment, in accordance with Community legislation and the national legislation of that Member State concerning admission to the occupation of road haulage operator, to carry out the international carriage of goods by road.
The Community licence shall be issued by the competent authorities of the Member State of establishment for renewable periods of up to 10 years.
Community licences and certified copies issued before the date of application of this Regulation shall remain valid until their date of expiry.
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In the case of vehicles used for the carriage of goods, the permissible laden mass of which does not exceed 3,5 tonnes and for which the lower financial requirements established in the second subparagraph of Article 7(1) of Regulation (EC) No 1071/2009 are applied, the issuing authority shall write in the ‘particular remarks’ section of the Community licence or of the certified true copy thereof: ‘≤ 3,5 t’.
The Commission is empowered to adopt delegated acts in accordance with Article 14b to amend Annexes I and II in order to adapt them to technical progress.
The Community licence shall be issued in the name of the haulier and shall be non-transferable. A certified true copy of the Community licence shall be kept in each of the haulier’s vehicles and shall be presented at the request of any authorised inspecting officer.
In the case of a coupled combination of vehicles, the certified true copy shall accompany the motor vehicle. It shall cover the coupled combination of vehicles even where the trailer or semi-trailer is not registered or authorised to use the roads in the name of the licence holder or where it is registered or authorised to use the roads in another State.
Article 5
Driver attestation
A driver attestation shall be issued by a Member State, in accordance with this Regulation, to any haulier who:
is the holder of a Community licence; and
in that Member State, either lawfully employs a driver who is neither a national of a Member State nor a long-term resident within the meaning of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents ( 2 ), or lawfully uses a driver who is neither a national of a Member State nor a long-term resident within the meaning of that Directive and who is put at the disposal of that haulier in accordance with the conditions of employment and of vocational training laid down in that Member State:
by laws, regulations or administrative provisions; and, as appropriate;
by collective agreements, in accordance with the rules applicable in that Member State.
A driver attestation shall be issued for a period to be determined by the issuing Member State, subject to a maximum validity of 5 years. Driver attestations issued before the date of application of this Regulation shall remain valid until their date of expiry.
The driver attestation shall be valid only as long as the conditions under which it was issued are satisfied. Member States shall take appropriate measures to ensure that if those conditions are no longer met, the haulier returns the attestation immediately to the issuing authorities.
Article 6
Verification of conditions
Article 7
Refusal to issue and withdrawal of Community licence and driver attestation
The competent authorities shall withdraw a Community licence or a driver attestation where the holder:
no longer satisfies the conditions laid down in Article 4(1) or those referred to in Article 5(1); or
has supplied incorrect information in relation to an application for a Community licence or for a driver attestation.
CHAPTER III
CABOTAGE
Article 8
General principle
Once the goods carried in the course of an incoming international carriage have been delivered, hauliers referred to in paragraph 1 shall be permitted to carry out, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, up to three cabotage operations following the international carriage from another Member State or from a third country to the host Member State. The last unloading in the course of a cabotage operation before leaving the host Member State shall take place within 7 days from the last unloading in the host Member State in the course of the incoming international carriage.
Within the time limit referred to in the first subparagraph, hauliers may carry out some or all of the cabotage operations permitted under that subparagraph in any Member State under the condition that they are limited to one cabotage operation per Member State within 3 days of the unladen entry into the territory of that Member State.
National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage and of each consecutive cabotage operation carried out. In the event that the vehicle has been in the territory of the host Member State within the period of four days preceding the international carriage, the haulier shall also produce clear evidence of all operations that were carried out during that period.
Evidence referred to in the first subparagraph shall comprise the following details for each operation:
the name, address and signature of the sender;
the name, address and signature of the haulier;
the name and address of the consignee as well as his signature and the date of delivery once the goods have been delivered;
the place and the date of taking over of the goods and the place designated for delivery;
the description in common use of the nature of the goods and the method of packing, and, in the case of dangerous goods, their generally recognised description, as well as the number of packages and their special marks and numbers;
the gross mass of the goods or their quantity otherwise expressed;
the number plates of the motor vehicle and trailer.
Article 9
Rules applicable to cabotage operations
The performance of cabotage operations shall be subject, save as otherwise provided in Community legislation, to the laws, regulations and administrative provisions in force in the host Member State with regard to the following:
the conditions governing the transport contract;
the weights and dimensions of road vehicles;
the requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs and live animals;
the driving time and rest periods;
the value added tax (VAT) on transport services.
The weights and dimensions referred to in point (b) of the first subparagraph may, where appropriate, exceed those applicable in the haulier’s Member State of establishment, but they may under no circumstances exceed the limits set by the host Member State for national traffic or the technical characteristics mentioned in the proofs referred to in Article 6(1) of Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic ( 3 ).
Article 10
Safeguard procedure
For the purposes of paragraph 1:
‘serious disturbance of the national transport market in a given geographical area’ means the existence on the market of problems specific to it, such that there is a serious and potentially enduring excess of supply over demand, implying a threat to the financial stability and survival of a significant number of hauliers,
‘geographical area’ means an area covering all or part of the territory of a Member State or extending to all or part of the territory of other Member States.
The Commission shall examine the situation on the basis in particular of the relevant data and, after consulting the committee established pursuant to Article 42(1) of Regulation (EU) No 165/2014 of the European Parliament and of the Council ( 4 ) shall decide within one month of receipt of the Member State’s request whether safeguard measures are necessary and shall adopt them if they are necessary.
Such measures may involve the temporary exclusion of the area concerned from the scope of this Regulation.
Measures adopted in accordance with this Article shall remain in force for a period not exceeding 6 months, renewable once within the same limits of validity.
The Commission shall without delay notify the Member States and the Council of any decision taken pursuant to this paragraph.
Any Member State may refer to the Council a decision taken by the Commission pursuant to paragraph 3 within 30 days of its notification. The Council, acting by a qualified majority may, within 30 days of that referral, or, if there are referrals by several Member States, of the first referral, take a different decision.
The limits of validity laid down in the third subparagraph of paragraph 3 shall apply to the Council’s decision. The competent authorities of the Member States concerned shall be required to take measures of equivalent scope in respect of resident hauliers, and shall inform the Commission thereof. If the Council takes no decision within the period referred to in the first subparagraph, the Commission decision shall become final.
Article 10a
Checks
CHAPTER IV
MUTUAL ASSISTANCE AND PENALTIES
Article 11
Mutual assistance
Member States shall assist one another in ensuring the application and monitoring of this Regulation. They shall exchange information via the national contact points established pursuant to Article 18 of Regulation (EC) No 1071/2009.
Article 12
Sanctioning of infringements by the Member State of establishment
In the event of a serious infringement of Community road transport legislation committed or ascertained in any Member State, the competent authorities of the Member State of establishment of the haulier who has committed such infringement shall take the appropriate action which may include a warning, if provided for by national law, to pursue the matter which may lead, inter alia, to the imposition of the following administrative penalties:
temporary or permanent withdrawal of some or all of the certified true copies of the Community licence;
temporary or permanent withdrawal of the Community licence.
These penalties may be determined after the final decision on the matter has been taken and shall have regard to the seriousness of the infringement committed by the holder of the Community licence and to the total number of certified true copies of that licence that he holds in respect of international traffic.
In the event of a serious infringement regarding any misuse whatsoever of driver attestations, the competent authorities of the Member State of establishment of the haulier who committed such infringement shall impose appropriate penalties, such as:
suspending the issue of driver attestations;
withdrawing driver attestations;
making the issue of driver attestations subject to additional conditions in order to prevent misuse;
withdrawing, temporarily or permanently, some or all of the certified true copies of the Community licence;
withdrawing, temporarily or permanently, the Community licence.
These penalties may be determined after the final decision on the matter has been taken and shall have regard to the seriousness of the infringement committed by the holder of the Community licence.
The competent authorities of the Member State of establishment shall communicate to the competent authorities of the Member State in which the infringement was ascertained, as soon as possible and at the latest within 6 weeks of their final decision on the matter, which, if any, of the penalties provided for in paragraphs 1 and 2 have been imposed.
If such penalties are not imposed, the competent authorities of the Member State of establishment shall state the reasons therefor.
Article 13
Sanctioning of infringements by the host Member State
Where the competent authorities of a Member State are aware of a serious infringement of this Regulation or of Community road transport legislation attributable to a non-resident haulier, the Member State within the territory of which the infringement is ascertained shall transmit to the competent authorities of the haulier’s Member State of establishment, as soon as possible and at the latest within 6 weeks of their final decision on the matter, the following information:
a description of the infringement and the date and time when it was committed;
the category, type and seriousness of the infringement; and
the penalties imposed and the penalties executed.
The competent authorities of the host Member State may request the competent authorities of the Member State of establishment to impose administrative penalties in accordance with Article 12.
Article 14
Entry in the national electronic registers
Member States shall ensure that serious infringements of Community road transport legislation committed by hauliers established in their territory, which have led to the imposition of a penalty by any Member State, as well as any temporary or permanent withdrawal of the Community licence or of the certified true copy thereof, are recorded in the national electronic register of road transport undertakings. Entries in the register which concern a temporary or permanent withdrawal of a Community licence shall remain in the database for 2 years from the time of the expiry of the period of withdrawal, in the case of temporary withdrawal, or from the date of withdrawal, in the case of permanent withdrawal.
Article 14a
Liability
Member States shall lay down rules on sanctions against consignors, freight forwarders, contractors and subcontractors for non-compliance with Chapters II and III, where they knew, or, in the light of all relevant circumstances ought to have known, that the transport services that they commissioned involved infringements of this Regulation.
Article 14b
Exercise of the delegation
CHAPTER V
IMPLEMENTATION
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Article 16
Penalties
Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation, and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 4 December 2011, and shall notify it without delay of any subsequent amendment affecting them.
Member States shall ensure that all such measures are taken without discrimination as to the nationality or place of establishment of the haulier.
Article 17
Reporting and review
CHAPTER VI
FINAL PROVISIONS
Article 18
Repeals
Regulations (EEC) No 881/92 and (EEC) No 3118/93 and Directive 2006/94/EC are hereby repealed.
References to the repealed Regulations and Directive shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex IV.
Article 19
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 4 December 2011, with the exception of Articles 8 and 9, which shall apply from 14 May 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Security features of the Community licence and the driver attestation
The Community licence and the driver attestation must have at least two of the following security features: