(2)

The use of hired vehicles can reduce the costs of undertakings carrying goods on their own account or for hire and reward and at the same time increase their operational flexibility. It can therefore contribute to an increase in the productivity and competitiveness of the undertakings concerned. Moreover, as hired vehicles tend to be younger than the average fleet, they are also safer and less polluting.

(2)

Such use of hired vehicles can reduce the costs of undertakings carrying goods on their own account or for hire and reward whilst increasing their operational flexibility. That use of hired vehicles can therefore contribute to an increase in the productivity and competitiveness of the undertakings concerned. Moreover, since hired vehicles tend to be younger than the average fleet, they may often be safer and less polluting.

(3)

Directive 2006/1/EC does not enable undertakings to fully benefit from the advantages of using hired vehicles. That Directive allows Member States to restrict the use by their undertakings of hired vehicles with a maximum permissible laden weight of more than six tonnes for own account operations. Moreover, Member States are not required to allow the use of a hired vehicle on their respective territories if the vehicle has been registered or put into circulation in compliance with the laws in a Member State other than the one of establishment of the undertaking hiring it.

(3)

Directive 2006/1/EC does not enable undertakings to fully benefit from the advantages of using hired vehicles. That Directive allows Member States to restrict the use, by the undertakings established within their territories , of hired vehicles with a maximum permissible laden weight of more than six tonnes for own account operations. Moreover, Member States are not required to allow the use on their respective territories of a hired vehicle that has been registered or put into circulation in compliance with the laws in a Member State other than the one of establishment of the undertaking hiring it.

(4 a)

Member States should not be allowed to restrict the use on their respective territories of a vehicle hired by an undertaking duly established on the territory of another Member State, provided that the vehicle is registered and complies with operating standards and safety requirements, or put into circulation in compliance with the laws of any Member State and authorised to be operated by the Member State of establishment of the undertaking responsible.

(5)

The level of road transport taxation still differs considerably within the Union. Therefore, certain restrictions, which also indirectly affect the freedom to provide vehicle hiring services, remain justified in order to avoid fiscal distortions. Consequently, Member States should have the option to limit the length of time a vehicle hired in a Member State other than the one of establishment of the undertaking hiring it can be used within their respective territories.

(5)

The level of road transport taxation still differs considerably within the Union. Therefore, certain restrictions, which also indirectly affect the freedom to provide vehicle hiring services, remain justified for the purpose of avoiding fiscal distortions. Consequently, Member States should have the option to limit, subject to the conditions laid down in this Directive and within their respective territories, the length of time an established undertaking can use a hired vehicle registered or put into circulation in another Member State . They should also be allowed to limit the number of such vehicles being hired by an undertaking established within their territories.

(5a)

In order to enforce these measures, the information on the registration number of the hired vehicle should be provided in the Member States’ national electronic registers as established by Regulation (EC) No 1071/2009. Competent authorities of the Member State of establishment that are being informed of the use of a vehicle which the operator has hired and which is registered or put into circulation in compliance with the laws in another Member State should inform the competent authorities of that other Member State thereof. Member States should use the Internal Market Information System (IMI) to that end.

(6a)

In order to maintain operational standards, meet safety requirements and ensure decent working conditions for drivers, it is important for carriers to have guaranteed access to assets and direct support infrastructure in the country in which they are performing their operations.

(7)

The implementation and effects of this Directive should be monitored by the Commission and be documented by it in a report. Any future action in this area should be considered in light of that report.

(7)

The implementation and effects of this Directive should be monitored by the Commission and be documented by it in a report at the latest three years after the date of transposition of this Directive. The report should take due account of the impact on road safety, on tax revenues and on the environment. The report should also assess all infringements of this Directive, including cross-border infringements. The need for future action in this area should be considered in light of that report.

(a)

the vehicle is registered or put into circulation in compliance with the laws of a Member State;

(a)

the vehicle is registered or put into circulation in compliance with the laws of any Member State, including operating standards and safety requirements ;

(b)

the following paragraph 1a is inserted:

(2a)