51998AC1311

Opinion of the Economic and Social Committee on:

- the 'Proposal for a Council Directive amending Council Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States`, and - the 'Proposal for a Council Directive amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic` () (98/C 410/06)

On 31 July 1998 the Council decided to consult the Economic and Social Committee, under Articles 75 and 84 of the Treaty establishing the European Community, on the above-mentioned proposals.

On 8 September and 14 October 1998 the Committee Bureau instructed the Section for Transport, Energy, Infrastructure and the Information Society to prepare the work on the subject.

At its 358th plenary session of 13, 14 and 15 October 1998 (meeting of 15 October), and in view of the urgency of the matter, the Economic and Social Committee appointed Mr Bagliano as rapporteur-general and adopted the following opinion by 85 votes to six, with 11 abstentions.

1. The Commission document

1.1. The Commission document extends the definition of 'combined transport` to include transport within Member States and between a Member State and a third country where the lorry, trailer, semi-trailer, with or without tractor unit, swap body or container uses in successive sections several modes of transport, provided that:

- each individual road section is no more than 20 % of the total kilometres of the journey by the other mode(s) mentioned;

- there is an equivalent road transport possible for the sea or inland waterway section.

1.2. The purpose of the document is to promote the use of combined transport by:

- extending the tax rebates from vehicle tax to each combined transport operation;

- lifting weekend and similar driving restrictions for initial and final road haulage that is part of combined transport;

- amending Council Directive 96/53/EC in order to allow a maximum total weight of 44 tonnes in combined transport in all Member States.

1.3. The present proposals are necessary because past provisions for promoting combined transport have had limited scope and impact, as the Commission acknowledged in its 18 July 1997 report on the application of Council Directive 92/106/EEC.

2. General comments

2.1. In recent opinions (), the Committee has constantly stressed the importance of improving and extending combined transport, with a view to the achievement of economically, socially and environmentally sustainable mobility.

2.2. The Committee therefore endorses the Commission's approach and believes that the amendments to Directives 92/106/EEC and 96/53/EC are necessary in order to give effect to the declarations of intent and to implement the framework projects proposed by the Commission in earlier white and green papers.

2.3. Despite all efforts to the contrary, combined transport accounts for a mere 5 % of goods transport by road in Europe (except for transalpine transport, where the figure is around 23 %). No substantial progress has therefore been made, if one excludes specific situations in certain countries. Road transport has continued to grow over the past few years, with a 22,8 % increase between 1990 and 1996. Rail transport, in contrast, has continued to decline at an alarming rate (- 14,6 %). The last official figures available (1996) were 73,6 % for road transport and 13,9 % for rail transport ().

2.4. Moreover, the liberalization/privatization of the railways has been a slow process. The Commission () has highlighted the fact that only two organizations provide transport services as laid down in Directive 91/440/EEC (). Furthermore, the 'freeways`, in which great hopes had been placed to hasten the directive's impact, do not seem to be taking off. Neither is it conceivable to continue planning individual, isolated actions or measures, as any action geared to realigning and improving the transport sector can only be viewed in a broader context of general policy.

2.5. The two proposals must thus be seen as a tool for facilitating and promoting combined transport via direct measures and a pragmatic methodological approach that establishes a framework within which Member States can and must act, with due regard for the subsidiarity principle.

2.6. The Committee therefore views the proposals as a significant step forward because:

- the proposed initiatives aim to improve the profitability of combined transport also on routes under the 500 km threshold, which are currently held to be unprofitable and unproductive. Below this limit, road-only goods transport is considered more profitable;

- the proposed concessions will be of interest to those road haulage SMEs that can specialize in combined transport;

- the definition of combined transport has been broadened, both in terms of geographic area and transport method, thus plugging a gap that had been causing problems of interpretation.

3. Specific comments

3.1. On the amendments to Directive 92/106/EEC

3.1.1. Definitions (Article 1)

3.1.1.1. The Committee fully supports the Commission's move to extend the definition of combined transport in order to include journeys within a Member State and between Member States and third countries. The decision to limit the length of each road leg to 20 % of the journey by other modes provides a sufficient safeguard.

3.1.1.2. However, as the Commission itself recognizes, the 'rolling road` () will gain fewer of the advantages contained in the Directive because the road legs of such shipments often form a relatively long part of the total journey. At all events, the Committee asks the Commission to introduce provisions for encouraging use of this technique, given its importance for crossing ecologically sensitive areas such as the Alps.

3.1.1.3. The term 'short distance ferry crossing` [Article 1(2)] needs clarifying. Its practical scope is unclear if such crossings are excluded. The limit of 'more than half` of sections which are 'unavoidable in a commercially viable transport operation` should also be more clearly worded.

3.1.2. Vehicle taxes [Article 6(1)]

3.1.2.1. The Committee has no technical comments to make regarding the rationale used for calculating the costs of individual transport operations. However, it has reservations about exemptions or rebates based on a minimum of ECU 18 for each operation. Given the difficulty of checks, the Committee thinks that it would be better to provide a flat-rate reimbursement related not only to the vehicle tax but also to any motorway tolls and travel-related costs. Failing this, an overall reimbursement of the vehicle tax would still be an improvement, despite the fact that some countries are reducing this tax and increasing duties on diesel.

3.1.3. Exemption from driving restrictions (Article 9 bis)

3.1.3.1. The exemption from bans on driving at weekends, nights or public holidays must be carefully monitored at the roadside in order to avoid possible abuse. The Committee draws attention to the social implications of this provision; the possibility of loading/unloading outside normal working hours and on public holidays could mean that the vehicle and driver have to remain on hand for the consignor, while the consignor could also have to have staff available to hand over/receive the goods.

4. Conclusions

4.1. The Committee endorses the proposals and their aims. The Committee believes that everything possible must be done to encourage combined transport, as an effective means of ensuring lasting mobility and of developing the economy and trade in an environmentally sustainable manner.

4.2. The Committee would however recommend:

- clearer wording of Article 1;

- the possibility of measures to encourage use of the 'rolling road`, especially on ecologically sensitive sections;

- reconsideration of the tax-rebate mechanism, not least because of the difficulty of checks;

- proper roadside checks by the relevant authorities, in order to prevent possible abuse.

Brussels, 15 October 1998.

The President of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

() OJ C 261, 19.8.1998, p. 10-13.

() ESC Opinion on the Legislative Commission programme for transport/The common transport policy action programme 1995-2000 - OJ C 39, 12.2.1996, p. 43.

ESC Opinion on the Proposal for a Council Regulation (EC) concerning the granting of Community financial assistance for actions to promote combined goods transport - OJ C 89, 19.3.1997, p. 18.

ESC Opinion on the Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions entitled intermodality and intermodal freight transport in the European Union: A systems approach to freight transport - strategies and actions to enhance efficiency, services and sustainability - OJ C 19, 31.1.1998, p. 25.

() DG VII - Transport in figures, 1998.

() COM(98) 202 final, 31.3.1998 - Commission Communication on the implementation of Directive 91/440/EEC.

() Directive 91/440/EEC on the development of the Community's railways - OJ L 237, 24.8.1991, p. 25).

() Transport technique whereby all the road units (tractor and trailer or semi-trailer) and the driver are carried on board the train (accompanied combined transport).