2017/0290(COD) | [ParlTrack]

Proposal for a directive
Article 1 – paragraph 1 – point 5 Directive 92/106/EEC

(b) the increase of operational efficiency in existing t~~erminals~~ranshipment terminals which enable the establishment of a network of terminals in the Union to meet freight traffic demand.

Amendment 101 #

Nils TORVALDS, Anneli JÄÄTTEENMÄKI, Jan HUITEMA, Frédérique RIES

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – subparagraph 2

Amendment 102 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – subparagraph 2

Member States shall coordinate with neighbouring Member States and with the Commission and ensure that, when such measures are implemented, priority is given to ensuring a ~~balanced and~~ sufficient geographical distribution of suitable facilities in the Union, and notably on the TEN-T Core and Comprehensive networks, allowing that any location in the Union is not situated at a distance farther than 150 km from such terminal.

Amendment 103 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – subparagraph 3

Member States shall ensure that the supported transhipment facilities are accessible to all operators without discrimination, for a period of at least five years from their completion.

Amendment 104 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Member States ~~may~~shall take additional measures~~, to improve~~ of an economic and legislative nature, to improve - also through the use of technologies - the competitiveness of combined transport operations as compared to equivalent alternative road transport operations.

Amendment 105 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 5

Member States may take additional measures, to improve the competitiveness of combined transport operations as compared to equivalent ~~alternative~~ road transport operations.

Amendment 106 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Such measures may address any or part of a combined transport operation, such as the operation of a road or non-road leg including the vehicle used on such a leg, the use of alternative and less pollutant fuels, or such as the load unit or the transhipment operations, including the use of renewable energies in terminals.

Amendment 107 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 5 – subparagraph 2

Such measures may address any or part of a combined transport operation, such as the operation of a road or non-road leg ~~including~~, the vehicle ~~used on such a leg, or such as the~~, vessel or load unit used or the transhipment operations.

Amendment 108 #

2. The power to adopt delegated acts referred to in Article 5(2) shall be conferred on the Commission for a~~n indeterminate~~ period of ~~time~~five years from [date of entry into force of this (amending) Directive]. The Commission shall draw up a report in respect of the delegation of power no 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.

Amendment 41 #

Proposal for a directive
Recital 1

(1) Transport currently accounts for around 23.2% of total greenhouse gas emissions in the EU and, in 2014, road transport was responsible for 72.8% of the greenhouse gas emissions in the EU transport sector. The negative impact of transport on air pollution, greenhouse gas emissions, accidents, noise and congestion continue to pose problems to the economy, health and well-being of European citizens. Despite the fact that road transport is the main contributor of those negative effects, road freight transport is estimated to grow by 60 ~~per cent~~% by 2050.

Amendment 42 #

Proposal for a directive
Recital 1

(1) The negative impact of transport on air pollution, including emissions of fine particulate matter, greenhouse gas emissions, accidents, noise and congestion continue to pose problems to the economy, health and well-being of European citizens. Despite the fact that road transport is the main contributor of those negative effects, road freight transport is estimated to grow by 60 per cent by 2050.

Amendment 43 #

Proposal for a directive
Recital 1

(1) The negative impact of transport on air pollution, greenhouse gas emissions, accidents, noise and congestion continue to pose problems to the economy, the health and well-being of European citizens and the environment. Despite the fact that road transport is the main contributor of those negative effects, road freight transport is estimated to grow by 60 per cent by 2050.

Amendment 44 #

Proposal for a directive
Recital 1 a (new)

(1a) Increased road transport is a negative side-effect of globalisation, which tends to centralise manufacturing and production.

Amendment 45 #

Nils TORVALDS, Anneli JÄÄTTEENMÄKI, Carolina PUNSET, Jan HUITEMA, Frédérique RIES

Proposal for a directive
Recital 1 b (new)

(1b) The proposed new major trade deals (Mercosur, TTIP, CETA etc.), if agreed and implemented, will inevitably result in a considerable increase in heavy- truck road-traffic.

Amendment 46 #

Proposal for a directive
Recital 2

(2) Reducing the negative impact of transport activities remains one of the main goals of the Union's transport policy. Council Directive 92/106/EEC21 which establishes measures to encourage the development of combined transport, is the only legislative act of the Union to directly incentivise the shift from road freight to lower emission transport modes such as inland waterways, maritime and rail. In order to further reduce the negative externalities of road freight, research into, and the sharing of best practices between Member States on solutions to better routing, network optimization, increases in load efficiency and the possibilities for the charging of external costs should be encouraged. _________________ 21 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).

Amendment 47 #

Proposal for a directive
Recital 2

(2) Reducing the negative impact of transport activities must of course remains one of the main goals of the Union's transport policy. Council Directive 92/106/EEC21 which establishes measures to encourage the development of combined transport, is the only legislative act of the Union to directly incentivise the shift from road freight to lower emission transport modes such as inland waterways, maritime and rail. _________________ 21 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).

Amendment 48 #

Nils TORVALDS, Carolina PUNSET, Jan HUITEMA, Frédérique RIES

Proposal for a directive
Recital 3

(3) The goal of reaching 30% of road freight over 300 km shifted to other modes of transport such as rail or waterborne transport by 2030, and more than 50% by 2050, in order to optimise the performance of multimodal logistic chains, including by making greater use of more energy- efficient modes, has been slower than expected and according to the current projections, will not be reached. It is important to note that the liberalisation of freight under the first railway package has led, in some Member States, to a severe disruption in rail freight and a significant decrease in transported volumes, and a shift to other modes of transport, particularly road transport.

Amendment 49 #

Proposal for a directive
Recital 3

(3) The goal of reaching 30% of road freight over 300 km shifted to other modes of transport such as rail or waterborne transport by 2030, and more than 50% by 2050, in order to optimise the performance of multimodal logistic chains, including by making greater use of more energy- efficient modes, has been slower than expected and according to the current projections, will not be reached. Therefore, incentives to shift to zero- and low- emission road freight modes will be needed.

Amendment 50 #

Proposal for a directive
Recital 4

(4) Directive 92/106/EEC has contributed to the development of the Union's policy on combined transport and in some Member States has helped shift a considerable amount of freight away from road. Shortcomings in the implementation of that Directive, notably ambiguous language and outdated provisions, and the limited scope of its support measures, have significantly reduced its impact.

Amendment 51 #

Nils TORVALDS, Anneli JÄÄTTEENMÄKI, Carolina PUNSET, Jan HUITEMA, Frédérique RIES

Proposal for a directive
Recital 4 a (new)

(4a) This Directive should pave the way for efficient intermodal and multimodal freight services offering a level playing field for modes of transport.

Amendment 52 #

Proposal for a directive
Recital 5

(5) Directive 92/106/EEC should be simplified and its implementation improved by reviewing the economic incentives to combined transport, with the aim of encouraging the shift of goods from road transport to modes which are more environmentally friendly, safer, more energy efficient and cause less congestion. In view of this, research on, and the sharing of, best practices on the shift from road to rail should be encouraged.

Amendment 53 #

Proposal for a directive
Recital 5

(5) Directive 92/106/EEC should be ~~simplified and its implementation improved by~~repealed and the responsibility for managing this problem should fall to the Member States, which should review~~ing~~ the economic incentives to combined transport, with the aim of encouraging the shift of goods from road transport to modes which are more environmentally friendly, safer, more energy efficient and cause less congestion.

Amendment 54 #

Proposal for a directive
Recital 5

(5) Directive 92/106/EEC should be simplified and its implementation improved by ~~review~~enhancing the economic incentives to combined transport, with the aim of encouraging the shift of goods from road transport to less polluting modes which are therefore more environmentally friendly, safer, more energy efficient and cause less congestion.

Amendment 55 #

Proposal for a directive
Recital 5

(5) Directive 92/106/EEC should be simplified and its implementation improved by reviewing and developing the economic incentives to combined transport, with the aim of encouraging the shift of goods from road transport to modes which are more environmentally friendly, safer, more energy efficient and cause less congestion.

Amendment 56 #

Proposal for a directive
Recital 6

(6) The volume of national intermodal operations constitutes 19,3% of the total intermodal transport in the Union. Such operations currently do not benefit from the support measures provided by Directive 92/106/EEC because of the limited scope of the definition of combined transport. However, the negative effect of national road transport operations, and notably greenhouse gas emissions and congestion, have an impact beyond the national borders. Therefore it is necessary to broaden the scope of Directive 92/106/EEC to national (intra-Member State) combined transport operations in order to support the further development of combined transport in the Union, hence an increase in the modal shift from road to rail, inland waterways and short sea shipping.

Amendment 57 #

Proposal for a directive
Recital 6

(6) The volume of national intermodal operations constitutes 19,3% of the total intermodal transport in the Union. Such operations currently do not benefit from the support measures provided by Directive 92/106/EEC because of the limited scope of the definition of combined transport. However, the negative effect of national road transport operations, and notably greenhouse gas emissions, fine particulate matter and congestion, have an impact beyond the national borders. Therefore it is necessary to broaden the scope of Directive 92/106/EEC to national (intra-Member State) combined transport operations in order to support the further development of combined transport in the Union, hence an increase in the modal shift from road to rail, inland waterways and short sea shipping.

Amendment 58 #

Proposal for a directive
Recital 8

(8) The current definition of combined transport includes different distance limits for the road legs of a combined transport operation, according to the mode of the non-road leg, and, for rail, the absence of a fixed distance limit but instead takes account of the notion of “nearest suitable terminal” to provide some flexibility to take account of specific situations. That definition has raised many difficulties in its implementation due to various interpretations and specific difficulties to establish the conditions for implementation. It would be useful to lift those ambiguities while also ensuring that some measure of flexibility is retained. Removing these ambiguities must not, however, undermine the objective of simplifying the regulatory framework.

Amendment 59 #

Proposal for a directive
Recital 8

(8) The current definition of combined transport includes different distance limits for the road legs of a combined transport operation, according to the mode of the non-road leg, and, for rail, the absence of a fixed distance limit but instead takes account of the notion of “nearest suitable terminal” to provide some flexibility to take account of specific situations. That definition has raised many difficulties in its implementation due to various interpretations and specific difficulties to establish the conditions for implementation. It would be useful to lift those ambiguities, where possible, while also ensuring that some measure of flexibility is retained.

Amendment 60 #

Proposal for a directive
Recital 8

(8) The current definition of combined transport includes different distance limits for the road legs of a combined transport operation, according to the mode of the non-road leg, and, for rail, the absence of a fixed distance limit but instead takes account of the notion of “nearest suitable terminal” to provide some flexibility to take account of specific situations. That definition has raised many difficulties in its implementation due to various interpretations and specific difficulties to establish the conditions for implementation. It would be useful to lift those ambiguities while also ensuring that ~~some~~a clear and limited measure of flexibility is retained.

Amendment 61 #

Proposal for a directive
Recital 9

(9) In the current definition of combined transport, the minimum distance of 100 km for the non-road leg of a combined transport operation ensures that most combined transport operations are covered. Rail and short sea shipping legs run over ~~large~~sufficient distances to be competitive with road-only transport. That minimum distance also ensures exclusion from the scope of specific operations such as short ferry crossings or deep sea transport which would occur anyway. However, with such limitations, a number of inland waterways operations around ports and in and around agglomerations, which contribute greatly to decongesting the road networks in sea ports and in the immediate hinterland and to reducing environmental burdens in agglomerations, are not considered for the purposes of combined transport operations. It would therefore be useful to remove that minimum distance while maintaining the exclusion of certain operations such as those including deep sea shipments or short-distance ferry crossings.

Amendment 62 #

Proposal for a directive
Recital 11

(11) The outdated usage of stamps in proving that a combined transport operation has occurred prevent the effective enforcement or the verification of eligibility for the measures provided for in Directive 92/106/EEC. The evidence necessary to prove that a combined transport operation is taking place should be clarified as well as the means by which such evidence is provided. The use and transmission of electronic transport information, which should simplify the provision of relevant evidence and its treatment by the relevant authorities, should be encouraged, provided that the information is appropriately secured. The format used should be reliable and authentic. The regulatory framework and initiatives simplifying administrative procedures and the digitalisation of transport aspects, should take into consideration developments at Union level.

Amendment 63 #

Proposal for a directive
Recital 11

(11) The outdated usage of stamps in proving that a combined transport operation has occurred prevent the effective enforcement or the verification of eligibility for the measures provided for in Directive 92/106/EEC. The evidence necessary to prove that a combined transport operation is taking place should be clarified as well as the means by which such evidence is provided. The use and transmission of electronic transport information, which should simplify the provision of relevant evidence and its treatment by the relevant authorities, should be encouraged. The format used should obviously be reliable and ~~authentic~~perfectly secure. The regulatory framework and initiatives simplifying administrative procedures and the digitalisation of transport aspects, should take into consideration developments at Union level.

Amendment 64 #

Proposal for a directive
Recital 13

(13) The main infrastructure bottleneck hampering the shift from road freight to other modes of transport is at the transhipment terminal level. The current distribution and coverage of transhipment terminals in the Union, at least along the existing TEN-T Core and Comprehensive network, is insufficient yet the capacity of existing transhipment terminals is reaching its limit and will need to develop in order to cope with overall freight traffic growth. Investing in transhipment terminal capacity may reduce overall transhipment costs, and hence produce a derived modal shift, as demonstrated in some Member States. Member States should therefore ensure, in coordination with the neighbouring Member States and with the Commission, that more combined transport transhipment terminals and transhipment capacity are constructed or made available to transport operators in areas where they are needed. This would incentivise the use of freight transport alternatives and increase modal shift, thus making combined transport operations more competitive than road transport alone. The increased coverage and capacity of transhipment terminals should, at the very minimum, be established along the existing TEN-T Core and Comprehensive networks. There should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km as the crow flies from any shipment location in the Union, also taking into account economic criteria.

Amendment 65 #

Nils TORVALDS, Carolina PUNSET, Jan HUITEMA, Frédérique RIES

Proposal for a directive
Recital 13

(13) The main infrastructure bottleneck hampering the shift from road freight to other modes of transport is at the transhipment terminal level. The current distribution and coverage of transhipment terminals in the Union, at least along the existing TEN-T Core and Comprehensive network, is in some cases insufficient yet the capacity of existing transhipment terminals is reaching its limit ~~and will need to develop in order~~while other terminals are not exploited according to their real capacities that could enable to cope with overall freight traffic growth. Investing in transhipment terminal capacity may reduce overall transhipment costs, and hence produce a derived modal shift, as demonstrated in some Member States. Member States should therefore ensure, in coordination with the neighbouring Member States and with the Commission, that ~~more~~existing combined transport transhipment terminals and transhipment capacity are ~~construc~~modernised, fully exploited orand made available to transport operators. This would incentivise the use of freight transport alternatives and increase modal shift, thus making combined transport operations more competitive than road transport alone. The ~~increased~~ coverage and increased capacity of transhipment terminals should, at the very minimum, be established along the existing TEN-T Core and Comprehensive networks. There should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km from any shipment location in the Union.

Amendment 66 #

Proposal for a directive
Recital 13

(13) The main infrastructure bottleneck hampering the shift from road freight to other modes of transport is at the transhipment terminal level. The current distribution and coverage of transhipment terminals in the Union, at least along the existing TEN-T Core and Comprehensive network, is insufficient yet the capacity of existing transhipment terminals is reaching its limit and will need to develop in order to cope with overall freight traffic growth. Investing in transhipment terminal capacity, network optimisation and the development of new transhipment techniques may reduce overall transhipment costs, and hence produce a derived modal shift, as demonstrated in some Member States. Member States should therefore ensure, in coordination with the neighbouring Member States and with the Commission, that more efficient combined transport transhipment terminals and transhipment capacity are constructed or made available to transport operators. This would incentivise the use of freight transport alternatives and increase modal shift, thus making combined transport operations more competitive than road transport alone. The increased coverage and capacity of transhipment terminals should, at the very minimum, be established along the existing TEN-T Core and Comprehensive networks. There should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km from any shipment location in the Union.

Amendment 67 #

Proposal for a directive
Recital 13

(13) The main infrastructure bottleneck hampering the shift from road freight to other modes of transport is at the transhipment terminal level. The current distribution and coverage of transhipment terminals in the Union, at least along the existing TEN-T Core and Comprehensive network, is insufficient yet the capacity of existing transhipment terminals is reaching its limit and will need to develop in order to cope with overall freight traffic growth. Investing in transhipment terminal capacity may reduce overall transhipment costs, and hence produce a derived modal shift, as demonstrated in some Member States. Member States shcould therefore be asked to ensure, in coordination with the neighbouring Member States ~~and with the Commission~~, that more combined transport transhipment terminals and transhipment capacity are constructed or made available to transport operators. This would incentivise the use of freight transport alternatives and increase modal shift, thus making combined transport operations more competitive than road transport alone. The increased coverage and capacity of transhipment terminals should, at the very minimum, be established along the existing TEN-T Core and Comprehensive networks. There should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km from any shipment location in the Union.

Amendment 68 #

Proposal for a directive
Recital 14

(14) Member States should implement additional economic support measures in addition to the existing ones, targeting the various legs of a combined transport operation, in order to reduce the road freight and to encourage the use of other modes of transport such as rail, inland waterways and maritime transport, thereby reducing air pollution, greenhouse gas emissions, road traffic accidents, noise and congestion. Such measures should apply mainly to sensitive areas, such as the Alps valleys or mountainous regions, as well as to large urban-industrial nodes. They may include the reduction of certain taxes or transport fees, grants for intermodal load units effectively transported in combined transport operations, or the partial reimbursement of transhipments cost.

Amendment 69 #

Nils TORVALDS, Anneli JÄÄTTEENMÄKI, Carolina PUNSET, Jan HUITEMA, Frédérique RIES

Proposal for a directive
Recital 14

(14) Member States should implement additional economic support measures in addition to the existing ones, targeting the various legs of a combined transport operation, in order to reduce the road freight and to encourage the use of other modes of transport such as rail, inland waterways and maritime transport, thereby reducing air pollution, greenhouse gas emissions, road traffic accidents, noise and congestion. Such measures may include the reduction of certain taxes or transport fees, grants for intermodal load units effectively transported in combined transport operations, or the partial reimbursement of transhipments cost, which will contribute to reducing the socio-economic costs of transport, the health risks of pollution and noise, while serving the interests of citizens, businesses and the environment.

Amendment 70 #

Proposal for a directive
Recital 14

(14) Member States should implement additional economic support measures in addition to the existing ones, targeting the various legs of a combined transport operation, in order to reduce the road freight and to encourage the use of other modes of transport such as rail, inland waterways and maritime transport, thereby reducing air pollution, greenhouse gas emissions, road traffic accidents, noise and congestion. Such measures should aim to incentivise zero- and low-emission modes of transport and may include the reduction of certain taxes or transport fees, grants for intermodal load units effectively transported in combined transport operations, or the partial reimbursement of transhipments cost.

Amendment 71 #

Proposal for a directive
Recital 14

(14) Member States shcould also be asked to implement additional economic support measures in addition to the existing ones, targeting the various legs of a combined transport operation, in order to reduce the road freight and to encourage the use of other modes of transport such as rail, inland waterways and maritime transport, thereby reducing air pollution, greenhouse gas emissions, road traffic accidents, noise and congestion. Such measures may include the reduction of certain taxes or transport fees, grants for intermodal load units effectively transported in combined transport operations, or the partial reimbursement of transhipments cost.

Amendment 72 #

Proposal for a directive
Recital 14

(14) Member States should implement additional economic support measures in addition to the existing ones, targeting the various legs of a combined transport operation, in order to reduce the road freight and to encourage the use of other modes of transport such as rail, inland waterways and maritime transport, thereby reducing air pollution, greenhouse gas emissions and fine particulate matter, road traffic accidents, noise and congestion. Such measures may include the reduction of certain taxes or transport fees, grants for intermodal load units effectively transported in combined transport operations, or the partial reimbursement of transhipments cost.

Amendment 73 #

~~(15) Support measures for combined transport operations should be implemented in compliance with the State aid rules contained in the Treaty on the Functioning of the European Union (TFEU).~~deleted

Amendment 74 #

Proposal for a directive
Recital 16

(16) Support measures should be coordinated, as needed, between Member States and the Commission to ensure the avoidance of possible overlapping investments between Member States in close proximity.

Amendment 75 #

Proposal for a directive
Recital 16

(16) Support measures shcould be coordinated, as needed, between Member States ~~and the Commission~~.

Amendment 76 #

Proposal for a directive
Recital 17

(17) Support measures shcould also be reviewed on a regular basis by the Members States to ensure their effectiveness and efficiency.

Amendment 77 #

Proposal for a directive
Recital 19

(19) To cope with the evolution of Union transport, and in particular the combined transport market, ~~relevant data and information should be gathered by the Member States~~the Member States could be asked to gather relevant data and information and reported it to the Commission on a regular basis and the Commission should submit a report to the European Parliament and the Council on the application of this Directive every four years.

Amendment 78 #

Proposal for a directive
Recital 21

(21) In order to take into account market developments and technical progress the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing this Directive with further details on the information on combined transport operations to be reported by the Member States. It is of particular importancet is important that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making22. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 22 OJ L 123, 12.5.2016, p. 1. OJ L 123, 12.5.2016, p. 1.

Amendment 79 #

Proposal for a directive
Recital 22

(22) ~~Since t~~The objectives of this Directive to further promote the shift from road transport to more environmentally and public-health friendly modes of transport, and hence reduce the negative externalities of the Union transport system, cannot be sufficiently achieved by the Member States but can rather, by reason of the primarily cross-border nature of freight combined transport and interlinked infrastructure, and of the problems this Directive is intended to address, be better achieved at Union level, the Union may adopt 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 that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Amendment 80 #

Proposal for a directive
Recital 22

(22) ~~Since~~One of the objectives of this Directive ~~to further~~is to promote the shift from road transport to more environmentally friendly modes of transport, and hence reduce the negative externalities of the Union transport system,. Because this cannot be sufficiently achieved by the Member States but ~~can rather~~, by reason of the primarily cross-border nature of freight combined transport and interlinked infrastructure, and of the problems this Directive is intended to address, can rather be better achieved at Union level, the Union may adopt 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 that Article, this Directive does not go beyond what is necessary in order to achieve those objectives;

Amendment 81 #

Proposal for a directive
Recital 22 a (new)

(22a) However, what should not be overlooked in this Directive is the additional negative impact on road transport of any and all proposed major trade deals and with this in mind, independent assessments and estimates of those negative impacts on climate change targets etc. should be carried out in tandem with those negotiations, measured against the projected positive results, and where the negatives outweigh the positives, decisions should be taken accordingly.

Amendment 82 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 2 – point b

(b) by a road vehicle that is accompanied by its driver and carried by rail, inland waterways or maritime transport for the non-road leg of the journey.

Amendment 83 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3

Each road leg referred to in paragraph 2 shall not exceed ~~the longest of the follow~~150 km ing distance~~s in the territory of the Union:~~.

Amendment 84 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – point a

~~(a) 150 km in distance as the crow flies;~~deleted

Amendment 85 #

Bas EICKHOUT

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – point a

(a) 1500 km in distance as the crow flies;

Amendment 86 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – point b

~~(b) 20% of the distance as the crow flies between the loading point for the initial leg and the unloading point for the final leg, when it amounts to more than the distance referred to in point (a).~~deleted

Amendment 87 #

Bas EICKHOUT

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – point b

(b) 2015% of the distance as the crow flies between the loading point for the initial leg and the unloading point for the final leg, when it amounts to more than the distance referred to in point (a).

Amendment 88 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 2

The road leg distance limit may be exceeded for combined ~~road/rail~~ transport operations, when authorised by the Member State or Member States on whose territory the road leg takes place, in order to reach the geographically nearest trans~~por~~hipment terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment, terminal capacity, terminal opening hours and appropriate rail freight services. Member States shall ensure that operators comply with those rules and shall forward to the Commission the necessary information concerning authorisations, including the justification for granting derogations and the duration thereof.

Amendment 89 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 2

The road leg distance limit may be exceeded for combined road/rail transport operations, when authorised by the Member State or Member States on whose territory the road leg takes place, where this is necessary in order to reach the geographically nearest transport terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment, terminal capacity and appropriate rail freight services.

Amendment 90 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 4 a (new)

4a. Member States may consider, by way of derogation of the previous paragraph, as combined transport operations also those transport operations which include a road leg or a non-road leg taking place partially out of the territory of the Union, provided that crossing a third country is not avoidable or it is the most suitable and sustainable mode of transport.

Amendment 91 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 1

1. Member States shall submit to the Commission in the first instance by [xx/xx/xxxx - 182 months after transposition of the Directive] and every two years thereafter a report providing the following information related to the combined transport operations covered by this Directive on their territory:

Amendment 92 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 1 – point a

(a) national and cross-border transport network ~~link~~corridors used in combined transport operations;

Amendment 93 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 1 – point c

(c) the number and geographic location coverage of terminals servicing combined transport operations and the yearly number of transhipments on those terminals related to their respective used capacity;

Amendment 94 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 1 – point d

(d) an overview of all national support measures used and envisaged, including their respective uptake and assessed impact on reducing air pollution, improving the safeguard of human health and the environment, supporting safer transport conditions.

Amendment 95 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 3

3. On the basis of an analysis of the national reports, including also statistical data drawn up on the basis of indications and methodologies that are common to the entire EU, in the first instance by [xx/xx/xxx - 9 months after the MS report submission deadline] and every two years thereafter the Commission shall draw up and submit a report to the European Parliament ~~and to the Council~~, the Council and the Member States’ competent authorities on:

Amendment 96 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 3 – point a

(a) the economic rate and sustainable development of combined transport, notably ~~in light of the evolution of~~regarding the environmental performance of different modes of transport and the benefits provided to the concerned regions and transport corridors;

Amendment 97 #

Nils TORVALDS, Carolina PUNSET, Jan HUITEMA, Frédérique RIES

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 3 – point c

(c) the effectiveness and efficiency of the support measures provided for in Article 6, and how they serve the original purpose of the Directive,

Amendment 98 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – point a

(a) the ~~construction~~development of new transhipment techniques that reduce bottlenecks at the terminals and, where necessary, the construction and expansion of such transhipment terminals for combined transport;

Amendment 99 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – point a

(a) the construction ~~and~~or, where necessary, the expansion of such transhipment terminals for combined transport;

source: 620.905

2018/05/18 TRAN 221 amendments...

Amendment 100 #

Izaskun BILBAO BARANDICA, Pavel TELIČKA

Proposal for a directive
Recital 22

22) Since the objectives of this Directive to further promote the shift from road transport to more environmentally friendly modes of transport, and hence reduce the negative externalities of the Union transport system, cannot be sufficiently achieved by the Member States where international transport is concerned but can rather, by reason of the primarily cross-border nature of freight combined transport and interlinked infrastructure, and of the problems this Directive is intended to address, be better achieved at Union level, the Union may adopt measures, in agreement with the Member States and 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 that Article, this Directive does not go beyond what is necessary in order to achieve those objectives

Amendment 101 #

Proposal for a directive
Recital 22

(22) Since the objectives of this Directive to further promote the shift from road transport to more environmentally friendly modes of transport by developing multimodality, and hence reduce the negative externalities of the Union transport system, cannot be sufficiently achieved by the Member States but can rather, by reason of the primarily cross- border nature of freight combined transport and interlinked infrastructure, and of the problems this Directive is intended to address, be better achieved at Union level, the Union may adopt 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 that Article, this Directive does not go beyond what is necessary in order to achieve those objectives

Amendment 102 #

Proposal for a directive
Article premier – paragraph 1 – point 1

Directive 92/106/EEC
Title

Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of international combined transport of goods;

Amendment 103 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 1

1. This Directive applies to combined transport operations in the territory of the EU.

Amendment 104 #

Proposal for a directive
Article premier – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 1

1. This Directive applies to international combined transport operations.

Amendment 105 #

Karoline GRASWANDER-HAINZ, Ismail ERTUG

Proposal for a directive
Article premier – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 2

For the purposes of this Directive, ‘international combined transport’ means carriage of goods by a transport operation, consisting of an initial or final road leg of the journey, or both, as well as a non-road leg of the journey using rail, inland waterway or maritime transport between at least two Member States or at least one Member State and a third country:

Amendment 106 #

Mark DEMESMAEKER

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 2

For the purposes of this Directive, ‘combined transport’ means carriage of goods between Member States by a transport operation, consisting of an initial or final road leg of the journey, or both, as well as a non-road leg of the journey using rail, inland waterway or maritime transport:

Amendment 107 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 2

For the purposes of this Directive, ‘combined transport’ means carriage of goods by a transport operation, consisting of an initial or final road leg of the journey, or both, as well as a non-road leg of the journey using rail, inland waterway or maritime transport: where this section exceeds 100 km as the crow flies;

Amendment 108 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 2

For the purposes of this Directive, ‘combined transport’ means carriage of goods by a transport operation, within the Member States, consisting of an initial or final road leg of the journey, or both, as well as a non-road leg of the journey using rail, inland waterway or maritime transport:

Amendment 109 #

Marita ULVSKOG

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 2

Amendment 110 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 2

For the purposes of this Directive, ‘combined transport’ means carriage of goods ~~by a transport operation, consisting of an initial or final road leg of the journey, or both, as well as a non-road leg of the journey using rail, inland waterway or maritime transport~~consisting of a journey using rail, inland waterway or maritime transport, such as short sea shipping, and including an initial or final road leg of the journey:

Amendment 111 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 2 – point a

(a) in a trailer or semi-trailer, with or without a tractor unit, swap body or container, identified in accordance with the identification regime established pursuant to international standards ISO6346 and EN13044, including 44 tonnes gross weight allowance for cranable semi- trailers, where the load unit is transhipped between the different modes of transport; or

Amendment 112 #

Georges BACH

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 –paragraph 2 – point a

(a) in a trailer or semi-trailer, with or without a tractor unit, swap body or container, identified in accordance with the identification regime established pursuant to international standards ISO6346 and EN13044 where applicable, where the load unit is transhipped between the different modes of transport; or

Amendment 113 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 2 – point a

(a) in a trailer or semi-trailer, with or without a tdra~~ctor unit~~wing vehicle, swap body or container, identified in accordance with the identification regime established pursuant to international standards ISO6346 and EN13044, where the load unit is transhipped between the different modes of transport; or

Amendment 114 #

Georges BACH

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 2 – point b

(b) by a road vehicle, including non- cranable trailers and semi-trailers, that is carried by rail, inland waterways or maritime transport for the non-road leg of the journey.

Amendment 115 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 2 – point b a (new)

(ba) by a cargo-bike.

Amendment 116 #

Daniela AIUTO

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 2 – subparagraph 1 a (new)

By way of derogation, point (a) of this paragraph shall until [OJ please insert date 5 years after entry into force of the Directive] also cover non-cranable semi- trailers in unaccompanied combined transport that are not identified in accordance with the identification regime established pursuant to international standards ISO6346 and EN13044.

Amendment 117 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 2 – subparagraph 2

Non-road legs using inland waterway or maritime transport for which there is no equivalent road transport alternative or which are unavoidable in a commercially viable transport operation, shall not be taken into consideration for the purposes of the combined transport operations.deleted

Amendment 118 #

Knut FLECKENSTEIN

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 2 – subparagraph 2

Non-road legs using inland waterway or maritime transport for which there is no equivalent road transport alternative ~~or which are unavoidable in a commercially viable transport operation,~~ shall not be taken into consideration for the purposes of the combined transport operations.

Amendment 119 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 2 – subparagraph 2

Non-road legs using inland waterway or maritime transport for which there is no equivalent road transport alternative ~~or which are unavoidable in a commercially viable transport operation~~, shall not be taken into consideration for the purposes of the combined transport operations.

Amendment 120 #

Karoline GRASWANDER-HAINZ, Ismail ERTUG, Marita ULVSKOG

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3

3. Each road leg referred to in paragraph 2 shall not exceed the longest of the following distances in the territory of the Union: (a) 150 km in distance as the crow flies; (b) 20% of the distance as the crow flies between the loading point for the initial leg and the unloading point for the final leg, when it amounts to more than the distance referred to in point (a). That road leg distance limit shall apply to the total length of each road leg, including all intermediary pick-ups and deliveries. It shall not apply to the transport of an empty load unit or to the pick-up point of the goods or from the delivery point of the goods. The road leg distance limit may be exceeded for combined road/rail transport operations, when authorised by the Member State or Member States on whose territory the road leg takes place, in order to reach the geographically nearest transport terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment, terminal capacity and appropriate rail freight services.deleted

Amendment 121 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 1

Each road leg referred to in paragraph 2 shall not exceed ~~the longest of the following distanc~~150 km in distance as the crow flies in the territory of the Union:

Amendment 122 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 1

Each road leg referred to in paragraph 2 shall not exceed ~~the longest of the follow~~150 km ing distances in the territory of the Union:

Amendment 123 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 1 – point a

~~(a) 150 km in distance as the crow flies;~~deleted

Amendment 124 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 1 – point a

(a) 150 km in distance as the crow flies;

Amendment 125 #

Proposal for a directive
Article premier – paragraph 1 – point 2

a) 1500 km in distance as the crow flies;.

Amendment 126 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 1 – point a

(a) 150 km in distance ~~as the crow flies~~;

Amendment 127 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 1 – point a

(a) 150 km in distance ~~as the crow flies~~;

Amendment 128 #

Proposal for a directive
Article premier – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 1 – point a

a) in principle, 150 km in distance as the crow flies, unless geographical or economic considerations necessitate a derogation;

Amendment 129 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 1 – point a

(a) 15200 km ~~in distance as the crow flies~~;

Amendment 130 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 1 – point a

(a) 15200 km in distance as the crow flies;

Amendment 131 #

Proposal for a directive
Article premier – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 1 – point a a (new)

aa) or to reach the closest suitable rail terminal.

Amendment 132 #

Proposal for a directive
Article premier – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraphe 3 – subparagraph 1 – point b

~~b) 20% of the distance as the crow flies between the loading point for the initial leg and the unloading point for the final leg, when it amounts to more than the distance referred to in point (a).~~deleted

Amendment 133 #

Renaud MUSELIER

Proposal for a directive
Article premier – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – point b

Amendment 134 #

Proposal for a directive
Article premier – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – point b

Amendment 135 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – point b

Amendment 136 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – point b

(b) 20% of the distance as the crow flies between the loading point for the initial leg and the unloading point for the final leg, when it amounts to more than the distance referred to in point (a). (DELETE the amendment AND any reference to the 20%-rule contained in the Commissiondeleted Or. en proposal)

Amendment 137 #

Karoline GRASWANDER-HAINZ, Ismail ERTUG, Marita ULVSKOG

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – point b

Amendment 138 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – point b

Amendment 139 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – point b

~~b) 20 % of the distance as the crow flies between the loading point for the initial leg and the unloading point for the final leg, when it amounts to more than the distance referred to in point (a).~~deleted

Amendment 140 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – point b

Amendment 141 #

Karoline GRASWANDER-HAINZ, Ismail ERTUG, Marita ULVSKOG

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – point b

(b) ~~20% of the distance~~an additional 25 km as the crow flies between the loading point ofor the initial leg and the unloading point for the final leg, when it amounts to more than the distance referred to in point (a).

Amendment 142 #

Renaud MUSELIER

Proposal for a directive
Article premier – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 2

That road leg distance limit shall apply to the total length of each road leg, including all intermediary pick-ups and deliveries. ~~It shall not apply to the transport of an empty load unit or to the pick-up point of the goods or from the delivery point of the goods.~~

Amendment 143 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 2

Amendment 144 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 2a (new)

If a Member State is transited by a road leg of a combined transport operation, that Member State may decide not to apply the support measures provided by this Directive, including weight advantages foreseen in Directive 96/53/EEC 1a for combined transport. _________________ 1a Council Directive 96/53/EC of 25 July 1996 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, (OJ L 235, 17.9.1996, p. 59).

Amendment 145 #

Karoline GRASWANDER-HAINZ, Ismail ERTUG

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 2 a (new)

In case a Member State is transited by road during an initial or final road leg of a combined transport operation, this Member State may decide to withhold the advantages granted to combined transport on the basis of the definition provided for in Article 1.

Amendment 146 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 2 a (new)

Amendment 147 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 3

TExceeding the road leg distance limit ~~may be exceeded~~specified in this paragraph for combined ~~road/rail~~ transport operations~~, when authoris~~ shall be allowed by the Member State or Member States on whose territory the road leg takes place, in order to reach the geographically nearest trans~~por~~hipment terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment, terminal capacity, terminal opening times and appropriate rail freight services, in the absence of a transhipment terminal fulfilling all of these conditions within the distance limit.

Amendment 148 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 3

TExceeding the road leg distance limit ~~may be exceeded~~specified in this paragraph for combined road/rail transport operations~~, when authorised by~~ shall be possible within the Member State or Member States on whose territory the road leg takes place, in order to reach the geographically nearest trans~~por~~hipment terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment, terminal capacity, terminal opening times and appropriate rail freight services, in the absence of a transhipment terminal fulfilling all of these conditions within the distance limit.

Amendment 149 #

Andor DELI

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 3

TExceeding the road leg distance limit ~~may be exceeded~~ for combined road/rail transport operations~~, when authorised by~~ shall be possible within the Member State or Member States on whose territory the road leg takes place, in order to reach the geographically nearest transport terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment, terminal capacity and appropriate rail freight services. The operator who controls the combined transport operation shall document the reasons for the need to exceed the distance limit defined in Article 1 and ensure that this justification accompanies the loading unit along its journey.

Amendment 150 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 3

The road leg distance limit may be exceeded for combined road/rail transport operations, ~~when authorised by the Member State or Member States on whose territory the road leg takes place,~~ in order to reach the geographically nearest transport terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment, terminal capacity and appropriate rail freight services. When semi-trailers are transported using combined road/rail transport, the road legs of these intermodal loading shall be performed using vehicle combinations with a gross weight of up to 44 tonnes. Member States may reduce the 150 km length of the road leg by up to 50% in case of combined road/rail operations on a precisely defined part of their territory on the grounds of environmental reasons provided that a terminal offering appropriate services exists within the range. Any such government decision should be adequately explained. After a maximum period of 5 years, the Commission shall examine if the measures are still appropriate.

Amendment 151 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 3

The road leg distance limit may be temporarily exceeded for combined ~~road/rail~~ transport operations, when authorised by the Member State or Member States on whose territory the road leg takes place, in order to reach the geographically nearest trans~~por~~hipment terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment, terminal capacity and appropriate rail freight services.

Amendment 152 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 3

Amendment 153 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 3

The road leg distance limit may be exceeded for combined road/rail transport operations, when authorised, upon request from the operator, by the Member State or Member States on whose territory the road leg takes place, in order to reach the geographically nearest transport terminal which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment, terminal capacity and appropriate rail freight services. The operator in charge of the combined transport operation shall document the reason for the need to exceed the distance limit as defined in Article 1 and shall ensure that the request is accompanied by a precise justification.

Amendment 154 #

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 3

The road leg distance limit may be exceeded for combined road/rail transport operations, when authorised by the Member State or Member States on whose territory the road leg takes place, in order to reach the geographically nearest transport terminal or transhipment point which has the necessary operational transhipment capability for loading or unloading in terms of transhipment equipment, terminal capacity and appropriate rail freight services.

Amendment 155 #

Proposal for a directive
Article premier – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 3 a (new)

3a. Each non-road leg referred to in paragraph 2 must exceed the minimum threshold of 100 km in order to be considered relevant to combined transport.

Amendment 156 #

Proposal for a directive
Article premier – paragraph 1 – point 2

Directive 92/106/EEC
Article 1 – paragraph 4

4. ~~A combined transport o~~Operations shall ~~be deemed to take place in the Union where the~~not be regarded as part of a combined transport operation orif the ~~part thereof taking place in the Union fulfils the requirements laid down in paragraphs 2 and 3~~road/non-road legs thereof or part of those legs are performed outside the territory of the Union.

Amendment 157 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)

Directive 92/106/EEC
Article 2

(2a) Article 2 is deleted.

Amendment 158 #

Marita ULVSKOG, Ismail ERTUG, Karoline GRASWANDER-HAINZ, Lucy ANDERSON

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 1

1. Member States shall ensure that road transport is considered forming part of a combined transport operation covered by this Directive only if the carrier can produce clear evidence that such road transport constitutes a road leg of a combined transport operation~~, including the transport of empty load units before and after the transport of goods~~.

Amendment 159 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 1

Amendment 160 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 1

1. Member States shall ensure that road transport is considered forming part of a combined transport operation covered by this Directive only if the ~~carrier~~transport undertaking can produce clear evidence that such road transport constitutes a road leg of a combined transport operation, including the transport of empty load units before and after the transport of goods.

Amendment 161 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 1

(1) Member States shall ensure that road transport is considered forming part of a combined transport operation covered by this Directive only if the carrier can produce clear and verifiable evidence that such road transport constitutes a road leg of a combined transport operation, including the transport of empty load units before and after the transport of goods.

Amendment 162 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 1

1. In order for Member States ~~shall ensure that~~to consider road transport ~~is considered~~as forming part of a combined transport operation covered by this Directive ~~only if~~, the carrier ~~can~~shall produce clear evidence that such road transport constitutes a road leg of a combined transport operation, including the transport of empty load units before and after the transport of goods.

Amendment 163 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – introductory wording

2. ~~The evidence~~In order to provide clear evidence, the information referred to in paragraph 1 shall comprise the following details for each combined transport operation, preferably using electronic documents to boost the digitalisation of the sector and reduce the administrative burden:

Amendment 164 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – introductory wording

2. ~~The evidence~~In order to be considered to be clear evidence, the information referred to in paragraph 1 shall comprise the following details for each combined transport operation:

Amendment 165 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point aa (new)

(aa) if different from the shipper, the name, address, contact details and signature of the operator responsible for the routing of the combined transport operation;

Amendment 166 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point aa (new)

(aa) the name, address and signature of the haulier of road transport legs;

Amendment 167 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point b

~~(b) the place and date where the combined transport operation begins in the Union;~~deleted

Amendment 168 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point b

(b) the place and date where the combined transport operation begins inor crosses the border into the Union;

Amendment 169 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point d

~~(d) the place where the combined transport operation ends in the Union;~~deleted

Amendment 170 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point d

(d) the place where the combined transport operation ends in the Union or crosses the border leaving the Union;

Amendment 171 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point e

~~(e) the distance as the crow flies between the place where the combined transport operation begins and the place where the combined transport operations ends in the Union;~~deleted

Amendment 172 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point e

(e) the distance ~~as the crow flies~~ between the place where the combined transport operation begins and the place where the combined transport operations ends in the Union;

Amendment 173 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point f

(f) a description, signed by the shipper, of the combined transport operation routing including at least the following details for each leg, including for each mode of transport which constitutes the non-road leg, of the operation within the Union: - (i) leg order (i.e. first leg, non-road leg or final leg); - (ii) name, address and contact details of the carrier; - (iii) mode of transport and its order in the operation;deleted

Amendment 174 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point f

(f) a description~~, signed by the shipper,~~ of the combined transport operation routing, signed by the responsible operator for the planning, where the signature can mean an electronic signature, including at least the following details for each leg, including for each mode of transport which constitutes the non-road leg, of the operation within the Union:

Amendment 175 #

Andor DELI

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point f

(f) a description~~, signed by the shipper,~~ of the combined transport operation routing, signed by the responsible operator for the planning, either physically or electronically, including at least the following details for each leg, including for each mode of transport which constitutes the non-road leg, of the operation within the Union:

Amendment 176 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point f – point i

~~- (i) leg order (i.e. first leg, non-road leg or final leg);~~deleted

Amendment 177 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point f – point ii

~~- (ii) name, address and contact details of the carrier;~~deleted

Amendment 178 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point f – point ii

- (ii) name, address and contact details of the respective carrier;

Amendment 179 #

Karoline GRASWANDER-HAINZ

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point f – point iii

~~- (iii) mode of transport and its order in the operation;~~deleted

Amendment 180 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point g a (new)

(ga) the gross mass of the goods or their quantity otherwise expressed;

Amendment 181 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point h

(h) for the initial road transport leg: - (i) the place of transhipment to the non- road leg; - (ii) the distance of the initial road transport leg as the crow flies between the place of shipment and the first transhipment terminal; - (iii) if the initial road leg is completed, a signature of the carrier confirming that the transport operation of the road leg has been carried out;deleted

Amendment 182 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point h – point i

~~- (i) the place of transhipment to the non-road leg;~~deleted

Amendment 183 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point h – point ii

~~- (ii) the distance of the initial road transport leg as the crow flies between the place of shipment and the first transhipment terminal;~~deleted

Amendment 184 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point h – point ii

- (ii) the distance of the initial road transport leg as the crow flies between the place of shipment and the first trans~~hipmen~~port terminal or transhipment point;

Amendment 185 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point h – point ii

- (ii) the distance of the initial road transport leg ~~as the crow flies~~ between the place of shipment and the first transhipment terminal;

Amendment 186 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point h – point iii

~~- (iii) if the initial road leg is completed, a signature of the carrier confirming that the transport operation of the road leg has been carried out;~~deleted

Amendment 187 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point i

(i) for the final road transport leg: - (i) the place where the goods are taken [over] from the non-road leg (rail, inland waterways or maritime transport); - (ii) the distance of the final road transport leg as the crow flies between the place of transhipment and the place where the combined transport operation ends in the Union);deleted

Amendment 188 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point i – point i

~~- (i) the place where the goods are taken [over] from the non-road leg (rail, inland waterways or maritime transport);~~deleted

Amendment 189 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point i – point ii

~~- (ii) the distance of the final road transport leg as the crow flies between the place of transhipment and the place where the combined transport operation ends in the Union);~~deleted

Amendment 190 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point i – point ii

- (ii) the distance of the final road transport leg as the crow flies between the place of transhipment and the place where the combined transport operation ends in the Union) or crosses the border into a third country;

Amendment 191 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point i – point ii

- (ii) the distance of the final road transport leg ~~as the crow flies~~ between the place of transhipment and the place where the combined transport operation ends in the Union);

Amendment 192 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point j – points i and ii

(j) for the non-road leg: - (i) if the non-road leg is completed, a signature of the carrier (or carriers in the case of two or more non-road operations on the non-road leg) confirming that the transport operation on the non-road leg has been carried out; - (ii) when available, a signature or seal of the relevant rail or port authorities in the relevant terminals (railway station or port) concerned along the non-road leg operation confirming that the relevant part of the non-road leg has been completed.deleted

Amendment 193 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

- (i) if the non-road leg is completed, a signature of the carrier (or carriers in the case of two or more non-road operations on the non-road leg) confirming that the transport operation on the non-road leg has been carried out;deleted

Amendment 194 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 2 – paragraph 2 – point j – point ii

- (ii) when available, a signature or seal of the relevant rail or port authorities in the relevant terminals (railway station or port) concerned along the non-road leg operation confirming that the relevant part of the non-road leg has been compdeleted.

Amendment 195 #

Knut FLECKENSTEIN

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point j – point ii

- (ii) when available, a signature or seal of the relevant rail ~~or port authorities~~authority or the responsible body in the relevant terminals (railway station or port) concerned along the non-road leg operation confirming that the relevant part of the non-road leg has been completed.

Amendment 196 #

Daniela AIUTO

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2 – point j a (new)

(ja) when the road leg distance limits are exceeded in accordance with Article 1, paragraph 3, subparagraph 3, a justification detailing the reasons for this.

Amendment 197 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 2a (new)

2a. In the event of subsequent checks, the following information shall be provided by the responsible operator for the planning to prove that the combined transport operation has taken place: (a) the place and date where the combined transport operation begins in the Union; (b) the place where the combined transport operation ends in the Union; (c) the distance as the crow flies between the place where the combined transport operation begins and the place where the combined transport operations ends in the Union; (d) a description of the combined transport operation routing, signed by the responsible operator for the planning, including at least the following details for each leg, including for each mode of transport which constitutes the non-road leg, of the operation within the Union: – (i) leg order (i.e. first leg, non-road leg or final leg); – (ii) name, address and contact details of the carrier(s); – (iii) mode of transport and its order in the operation; (e) for the initial road transport leg: – (i) the place of transhipment to the non- road leg; – (ii) the distance of the initial road transport leg as the crow flies between the place of shipment and the first transhipment terminal; – (iii) if the initial road leg is completed, a signature of the haulier confirming that the transport operation of the road leg has been carried out; (f) for the final road transport leg: – (i) the place where the goods are taken over from the non-road leg (rail, inland waterways or maritime transport); – (ii) the distance of the final road transport leg as the crow flies between the place of transhipment and the place where the combined transport operation ends in the Union); (g) for the non-road leg: – (i) if the non-road leg is completed, a signature of the carrier (or carriers in the case of two or more non-road operations on the non-road leg) confirming that the transport operation on the non-road leg has been carried out; – (ii) when available, a signature or seal of the relevant rail or port authorities in the relevant terminals (railway station or port) concerned along the non-road leg operation confirming that the relevant part of the non-road leg has been completed. (j) for the non-road leg: – (i) if the non-road leg is completed, a signature of the carrier (or carriers in the case of two or more non-road operations on the non-road leg) confirming that the transport operation on the non-road leg has been carried out; – (ii) when available, a signature or seal, in electronic format when available, of the relevant rail or port authorities in the relevant terminals (railway station or port) concerned along the non-road leg operation confirming that the relevant part of the non-road leg has been completed.

Amendment 198 #

Andor DELI

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 4

4. The evidence referred to in paragraph 1, alongside any explanation for an operational re-routing or other deviation from the as-planned documentation of the combined transport operation that may have occurred due to unforeseen circumstances, shall be presented or transmitted upon the request of the authorised inspecting officer of the Member State where the check is carried out. In case of road side checks, it shall be presented within the duration of such check. It shall be in an official language of that Member State or in English. During a roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2.

Amendment 199 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 4

(4) The evidence referred to in paragraph 1 shall be presented or transmitted upon the request of the authorised inspecting officer of the Member State where the check is carried out. In case of road side checks, ~~it shall b~~the evidence pre~~sented within the duration of such check~~ferred to in paragraph 2, points (a), (b), (c) and (d) shall be presented. It shall be in an official language of that Member State or in English. During a roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2.

Amendment 200 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 4

4. The evidence referred to in paragraph 1 shall be presented ~~or transmitted~~ upon the request of the authorised inspecting officer of the Member State where the check is carried out. In case of road side checks, it shall be presented within the duration of such check. It shall be in an official language of that Member State or in English. During a roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2.

Amendment 201 #

Marita ULVSKOG, Ismail ERTUG, Karoline GRASWANDER-HAINZ, Lucy ANDERSON

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 4

4. The evidence referred to in paragraph 1 shall be presented or transmitted upon the request of the authorised inspecting officer of the Member State where the check is carried out. In case of road side checks, it shall be presented within the duration of such check. It shall be in an official language of that Member State or in English. If the documentation is not available at the time of the roadside check, it shall be submitted electronically no later than 5 days after the check. During a roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2.

Amendment 202 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 4

4. The evidence referred to in paragraph 1 shall be presented or transmitted upon the request of the authorised inspecting officer of the Member State where the check is carried out. In case of road side checks, it shall be presented within the duration of such check. The evidence needs to be created before the start of the transport operation. It shall be in an official language of that Member State or in English. During a roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2.

Amendment 203 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 4

4. The evidence referred to in paragraph 1 shall be presented or transmitted upon the request of the authorised inspecting officer of the Member State where the check is carried out. In case of road side checks, it shall be presented within the duration of such check, within a maximum of 45 minutes. It shall be in an official language of that Member State or in English. During a roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2.

Amendment 204 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 4

4. The evidence referred to in paragraph 1 shall be presented or transmitted, including electronically, upon the request of the authorised inspecting officer of the Member State where the check is carried out. In case of road side checks, it shall be presented within the duration of such check. It shall be in an official language of that Member State or in English. During a roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2.

Amendment 205 #

Gabriele PREUSS, Miltiadis KYRKOS, Lucy ANDERSON

Proposal for a directive
Article premier – paragraph 1 – point 3

4. The evidence referred to in paragraph 1 shall be presented or transmitted upon the request of the authorised inspecting officer of the Member State where the check is carried out. In case of road side checks, it shall be presented within the duration of such check. It shall be in an official language of that Member State orand in English. During a roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2.

Amendment 206 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 5 – subparagraph 1

The evidence may be provided through a transport document fulfilling the requirements laid down in Article 6 of Council Regulation No 11, or through other existing transport documents such as the Convention on the Contract for the International Carriage of Goods by Road (CMR) transport document, the Convention on the Contract for the Carriage of Goods by Inland Waterways (CMNI) or the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM) transport document.

Amendment 207 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 5 – subparagraph 1

The evidence may be provided through ~~a transport document fulfilling the requirements laid down in Article 6 of Council Regulation No 11, or through other~~ existing transport documents such as the Convention on the Contract for the International Carriage of Goods by Road (CMR) transport document, the Convention on the Contract for the Carriage of Goods by Inland Waterways (CMNI) or the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM) transport document.

Amendment 208 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 5 – subparagraph 2

Such evidence may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, including supplementing the electronic consignment note under the Convention on the Contract for the International Carriage of Goods by Road (eCMR) for the road part or the electronic consignment note under the convention concerning international carriage by rail (COTIF/CIM 1999) for both the rail and the road part (ECIM).

Amendment 209 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 5 – subparagraph 2 a (new)

Member States shall undertake to move towards a gradual dematerialisation of documentation, providing for a transitional period until the use of the paper format has been fully abandoned.

Amendment 210 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 92/106/EEC
Article 3 – paragraph 6

For the purposes of road side checks, a discrepancy of the transport operation with the provided evidence, notably as regards the routing information in point (g) of paragraph 2 shall be permitted, if duly justified, in case of exceptional circumstances outside the control of the carrier(s) causing changes in the combined transport operation. To that end, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide additional justification on this discrepancy between provided evidence and actual operation.deleted

Amendment 211 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)

Directive 92/106/EEC
Article 4

(3a) Article 4 is deleted.

Amendment 212 #

Renaud MUSELIER, Franck PROUST

Proposal for a directive
Article premier – paragraph 1 – point 3 a (new)

Directive 92/106/EEC
Article 4

(3a) Article 4 is replaced by the following: "All hauliers established in a Member State who meet the conditions of access to the occupation according to Regulation (EC) No 1071/2009 and access to the market for transport of goods between Member States according to Regulation (EC) No 1072/2009 shall have the right to carry out, in the context of a combined transport operation between Member States, initial and/or final road haulage legs which form an integral part of the combined transport operation and which may or may not include the crossing of a frontier~~. content/EN/TXT/?qid=1520602658954&uri=CELEX:01992L0106-20130701)~~, provided the points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC relating to the posting of drivers and Chapter III of Regulation (EC) No 1072/2009 on Cabotage are applied"." Or. fr (http://eur-lex.europa.eu/legal-

Amendment 213 #

Proposal for a directive
Article premier – paragraph 1 – point 3 a (new)

Directive 92/106/EEC
Article 4

(3a) Article 4 is replaced by the following: All hauliers established in a Member State who meet the conditions of access to the occupation and access to the market for transport of goods between Member States laid down by Regulation (EC) No 1071/2009 shall have the right to carry out, in the context of a combined transport operation between Member States, initial and/or final road haulage legs which form an integral part of the combined transport operation and which may or may not include the crossing of a frontier. , in accordance with the conditions of the rules on access to the market laid down by Regulation (EC) No 1072/2009. Or. fr (https://eur-lex.europa.eu/legal- content/FR/TXT/HTML/?uri=CELEX:31992L0106&from=EN)

Amendment 214 #

Proposal for a directive
Article premier – paragraph 1 – point 3 a (new)

Directive 92/106/EEC
Article 4

(3a) Article 4 is replaced by the following: All hauliers established in a Member State who meet the conditions of access to the occupation and access to the market for transport of goods between Member States and in accordance with Article 8 of Regulation (EC) No 1072/20091a governing cabotage transport operations shall have the right to carry out, in the context of a combined transport operation between Member States, initial and/or final road haulage legs which form an integral part of the combined transport operation and which may or may not include the crossing of a frontier. ~~(https://eur-lex.europa.eu/legal-content/FR/TXT/PDF/?uri=CELEX:31992L0106&from=FR)~~_________________ 1aRegulation (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. Or. fr

Amendment 215 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Andor DELI

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)

Directive 92/106/EEC
Article 4 a (new)

(3a) The following Article is inserted: "Article 4a Member States shall not apply Directive 96/71/EC and Directive 2014/67/EU to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of Directive 2006/22/EC, when performing the road haulage leg of combined transport as referred to in Article 4 of this Directive."

Amendment 216 #

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)

Directive 92/106/EEC
Article 4a (new)

(3a) The following article is inserted: "Article 4a The undertakings carrying out a road leg, which is part of a combined transport operation as referred to in Article 1(1) of this Directive, shall be exempted from the scope of Directives 96/71/EC and 2014/67/EU.";

Amendment 217 #

(3a) The following article is inserted: ‘Article 4a In order to ensure social protection for drivers and road transport workers operating in another Member State, the provisions on the posting of road transport workers must apply to workers on road legs of national and international combined transport operations without exception.’

Amendment 218 #

Lucy ANDERSON, Michael DETJEN, Karoline GRASWANDER-HAINZ, Theresa GRIFFIN, Marita ULVSKOG, Nicola CAPUTO, Ismail ERTUG

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)

Directive 92/106/EEC
Article 4 a (new)

(3a) The following Article is inserted: "Article 4a Member States shall apply Directive 96/71/EC for the entire period of posting on their territory of drivers employed by road transport undertakings and which are carrying a road leg that is part of a combined transport operation.";

Amendment 219 #

Proposal for a directive
Article premier – paragraph 1 – point 3 b (new)

Directive 92/106/EEC
Article 4 a (new)

(3b) The following article is inserted: ‘Article 4a Member States shall apply Directives 96/71/EC and 2014/67/EU for the entire period of posting, to their territory, of drivers employed by undertakings in the road transport sector carrying out a road leg which is part of a combined transport operation as referred to in Article 1(1) of this Directive.’

Amendment 220 #

Proposal for a directive
Article premier – paragraph 1 – point 3 b (new)

(3b) The following article is inserted: ‘Article 4b Combined transport operations must scrupulously comply with the current legislation on cabotage on its road legs in order to avoid harmful competition with traditional cross-border road transport.’

Amendment 221 #

(1) Member States shall submit to the Commission in the first instance by [xx/xx/xxxx - 182 months after transposition of the Directive] and every two years thereafter a report providing the following information related to the combined transport operations covered by this Directive on their territory:

Amendment 222 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 1

1. Member States shall submit to the Commission in the first instance by [xx/xx/xxxx - 182 months after transposition of the Directive] and every ~~two~~ years thereafter a report providing the following information related to the combined transport operations covered by this Directive on their territory:

Amendment 223 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 Directive 92/106/EEC

1. Member States shall submit to the Commission in the first instance by [xx/xx/xxxx - 18 months after transposition of the Directive] and every ~~two~~ years thereafter a report providing the following information related to the combined transport operations covered by this Directive on their territory:

Amendment 224 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 1 – point a

(a) national and cross-border transport network corridors and links used in combined transport operations;

Amendment 225 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 1 – point b

(b) the total and yearly volume in twenty-foot equivalent unit (TEU) and in tonne kilometres of combined transport operations by type of operation (rail, road/inland waterways, etc...) and by geographic coverage (national and intra- Union);

Amendment 226 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 1 – point c

(c) the number of transhipments realised through bimodal technologies and geographic coverage of these transhipment points as well as the number and geographic coverage of terminals servicing combined transport operations and the yearly number of transhipments on those terminals;

Amendment 227 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 1 – point c

(c) the number and geographic coverage of terminals servicing combined transport operations and the yearly number of transhipments on those terminals;, including the types of operations and capacity used per terminal.

Amendment 228 #

Lucy ANDERSON, Michael DETJEN, Theresa GRIFFIN, Miltiadis KYRKOS, Marita ULVSKOG, Nicola CAPUTO

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 1 – point d

(d) an overview of all national support measures used and envisaged, including their respective uptake and assessed ~~impact~~contribution to the transition to cleaner modes of transport. Attention should also be paid to the impacts of this Directive on the functioning of the EU road haulage market, road safety, environmental and social standards, and on the enforcement of cabotage rules in accordance with regulation (EC) No 1072/2009.

Amendment 229 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 1 – point d

(d) an overview of all national support measures used and envisaged, including their respective uptake and assessed impact on the use of combined transport and effect as regards social and environmental sustainability, bottlenecks, congestion, safety and efficiency.

Amendment 230 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 1 – point d a (new)

(da) the origins and destinations, at NUTS 3 level, of freight flows on roads of the Trans-European Transport Network (TEN-T) defined in Regulation (EU) No 1315/2013 1a; _________________ 1a Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans- European transport network and repealing Decision No 661/2010/EU Text with EEA relevance, (OJ L 348, 20.12.2013, p. 1–128).

Amendment 231 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 2

~~2. The Commission is empowered to adopt~~ delegated ~~acts in accordance with Article 10a supplementing this Directive by describing the content and details of the information on combined transport operations referred to in paragraph 1.~~

Amendment 232 #

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 92/106/EEC
Article 5 – paragraph 2 a (new)

2 a. On the basis of the information provided by Member States, the European Commission shall assess whether it is necessary to propose additional measures, including legislative ones.

Amendment 233 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 92/106/EEC
Article 6 – paragraph 1

(4a) In Article 6, paragraph 1 is replaced by the following: "1. Member States shall take the measures necessary to ensure that the taxes listed in paragraph 3 which are applicable to road vehicles (lorries, tractors, trailers or semi- trailers) when routed in combined transport are reduced or reimbursed either by a standard amount, or in proportion to the journeys that such vehicles undertake by rail, inland waterway or maritime transport (e.g. short sea shipping), within limits and in accordance with conditions and rules they fix after consultation with the Commission. The reductions of reimbursements referred to in the first paragraph shall be granted by the Member State in which the vehicles are registered, on the basis of the rail, inland waterway or maritime transport (e.g. short sea shipping) journeys effected within that State. Member States may, however, grant these reductions or reimbursements on the basis of the rail, inland waterway or maritime transport (e.g. short sea shipping) journeys which take place partially or wholly outside the Member State in which the vehicles are registered." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1520602658954&uri=CELEX:01992L0106-20130701)

Amendment 234 #

Gabriele PREUSS, Miltiadis KYRKOS, Lucy ANDERSON

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 92/106/EEC
Article 6 – paragraph 1

(4a) In Article 6, paragraph 1 is replaced by the following: "1. Member States shall take the measures necessary to ensure that the taxes listed in paragraph 3 which are applicable to road vehicles (lorries, tractors, trailers or, semi- trailers, inland waterways containers or multi-modal loading units) when routed in combined transport are reduced or reimbursed either by a standard amount, or in proportion to the journeys that such vehicles undertake by rail or inland waterway transport, within limits and in accordance with conditions and rules they fix after consultation with the Commission. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31992L0106)

Amendment 235 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 92/106/EEC
Article 6 – paragraph 1

(4a) In Article 6 paragraph 1 is replaced by the following: "1. Member States shall take the measures necessary to ensure that the taxes listed in paragraph 3 which are applicable to road vehicles (lorries, tractors, trailers or semi- trailers) when routed in combined transport are reduced or reimbursed either by a standard amount, or in proportion to the journeys that such vehicles undertake by rail or inland waterways, within limits and in accordance with conditions and rules they fix after consultation with the Commission. The reductions of reimbursements referred to in the first paragraph shall be granted by the State in which the vehicles are registered, on the basis of the rail or inland waterways journeys effected within that State. Member States may, however, grant these reductions or reimbursements on the basis of the rail or inland waterways journeys which take place partially or wholly outside the Member State in which the vehicles are registered. " Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:31992L0106&from=EN)

Amendment 236 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 92/106/EEC
Article 6 – paragraph 1 a (new)

(4a) In Article 6, after paragraph 1, the following paragraph 1 a is added: 1a) If the road leg of the combined transport operation is done commercially by cargo-bike, and if such cargo-bike operators or clients are paying associated taxes, these shall be reimbursed under the same conditions as in paragraph 1.

Amendment 237 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)

Directive 92/106/EEC
Article 6 – paragraph 1 – subparagraph 2

(4b) In Article 6, paragraph 1, subparagraph 2 is replaced by the following: "The reductions of reimbursements referred to in the first paragraph shall be granted by the State in which the vehicles are registered, on the basis of the rail or inland waterway journeys effected within that State. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31992L0106)

Amendment 238 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)

Directive 92/106/EEC
Article 6 – paragraph 1 – subparagraph 3

(4c) In Article 6, paragraph 1, subparagraph 3 is replaced by the following: "Member States may, however, grant these reductions or reimbursements on the basis of the rail journeys or inland waterway which take place partially or wholly outside the Member State in which the vehicles are registered. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31992L0106)

Amendment 239 #

Proposal for a directive
Article premier – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4

Where necessary for the achievement of the aim referred to in paragraph 8, the Commission, in agreement with the Member States, shall take the necessary measures to support investment in transhipment terminals as regards :

Amendment 240 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4

Where necessary for the achievement of the aim referred to in paragraph 8, Member States ~~shall~~may take the necessary measures to support investment in transhipment terminals as regards :

Amendment 241 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4

Where necessary for the achievement of the aim referred to in paragraph 8, Member States shall take the necessary measures to support investment in trans~~hipmen~~port terminals as well as transhipment point as regards :

Amendment 242 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4

Where necessary for the achievement of the aim referred to in paragraph 8, Member States and the Union, pursuant to Regulation (EU) No 1316/2013 1b, shall take the necessary measures to support investment in transhipment terminals as regards : _________________ 1b Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 Text with EEA relevance, (OJ L 348, 20.12.2013, p. 129– 171).

Amendment 243 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – point a

(a) the ~~construction and, where necessary, the expansion of combined transport such transhipment terminals;~~expansion of existing combined transport transhipment terminals and, where necessary, the construction of new transhipment terminals. Investments should be preceded by impact assessments, to be analysed also in relation to current and potential traffic demand. Member States shall prioritise investment in transhipment terminals to reduce congestion on the roads, to alleviate the isolation of industrial areas which lack such infrastructure and to improve the accessibility and physical and digital connectivity of freight handling facilities.

Amendment 244 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – point a

(a) the construction and, where necessary, the expansion of such trans~~hipmen~~port terminals or the installation of transhipment points for combined transport;

Amendment 245 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – point a

(a) the construction and, where necessary, the expansion of such combined transport ~~such~~ transhipment terminals, after an analysis has been made of the use of existing capacity before creating new infrastructure that could distort the market;

Amendment 246 #

(b) the increase of operational efficiency in existing t~~erminal~~ranshipment terminals, enabling the establishment of a network of terminals in the Union commensurate with freight traffic demand, the relevance of which shall always be checked in advance, by supporting, inter alia, the automation of operations, the use of innovative freight handling systems and investments in digital logistics and information technologies to facilitate information flows.

Amendment 247 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – point b

(b) the increase of operational efficiency in existing terminals by fostering, among other things, the integration of connected systems and the automation of operations as well as investment in digital logistics, information and communications technologies and intelligent transport systems.

Amendment 248 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – point b

(b) the increase of operational efficiency in and access to existing terminals.

Amendment 249 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – point b a (new)

(ba) the promotion and increase of bimodal transhipment points.

Amendment 250 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – subparagraph 2

Amendment 251 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – subparagraph 2

Member States shall coordinate with neighbouring Member States and with the Commission and ensure that, when such measures are implemented, priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the Union, and notably on the TEN-T Core and Comprehensive networks, allowing that any location in the Union is not situated at a distance farther than 150 km ~~from such terminal~~as the crow flies from such terminal except in peripheral and outermost regions, where geographical constraints mean that this would be impossible or that investment in infrastructure would be excessive in relation to the Directive’s objective of promoting a shift in goods transport from road to more environmentally friendly modes of transport.

Amendment 252 #

Proposal for a directive
Article premier – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – subparagraph 2

Amendment 253 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – subparagraph 3

Member States shall ensure that the supported transhipment facilities are accessible to all operators without discrimination, for a period of at least five years from their completion.

Amendment 254 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 5

Amendment 255 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – subparagraph 4

Member States may establish additional conditions for the eligibility for the support that shall be forwarded to the Commission in advance.

Amendment 256 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 4 – subparagraph 4

Member States may establish additional conditions for the eligibility for the support provided that they have been made known to interested parties.

Amendment 257 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – Paragraph 5 – subparagraph 2 a (new)

Member States may take additional measures to support increased private investment in the development of terminals for combined transport.

Amendment 258 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – Paragraph 5 a (new)

5 a. In order to reduce time and costs involved in combined transport operations, additional measures shall be implemented as follows: a) exempting hauliers from the infrastructure charges in the case of vehicles powered by alternative fuels as referred to in Article 2 of Directive 2014/94/EU; and (b) exempting rail undertakings from the charges for the use of railway infrastructure; and (c) exempting hauliers from the limitations imposed under national traffic bans.

Amendment 259 #

Knut FLECKENSTEIN

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 5a (new)

5 a. Such additional measures shall incentivise the use of non-road transport legs. Member states shall include measures for strengthening the competitiveness of waterborne transport, such as financial incentives for using short sea shipping routes or inland waterways or for the creation of new short sea links.

Amendment 260 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 6 a (new)

6 a. Support measures to combined transport shall be considered compatible with the internal market within the meaning of Article 107(3) TFEU and shall be exempted from the notification requirement of Article108(3) TFEU, provided that they would not represent more than 35% of the entire operation.

Amendment 261 #

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 8

8. Member States shall ensure that support measures for combined transport operations aim at reducing the road freight and encourage the use of other modes of transport such as rail, inland waterways ~~and~~, maritime transport, and cargo bikes thereby reducing air pollution, greenhouse gas emissions, road traffic accidents, noise and congestion.;

Amendment 262 #

Proposal for a directive
Article premier – paragraph 1 – point 5

Directive 92/106/EEC
Article 6 – paragraph 8

8. Member States, with financial support from the European Union, shall ensure that support measures for international combined transport operations aim at reducing the road freight and encourage the use of other modes of transport such as rail, inland waterways and maritime transport, thereby reducing air pollution, greenhouse gas emissions, road traffic accidents, noise and congestion.;

Amendment 263 #

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 92/106/EEC
Article 8

(6) Articles 7, 8 and 9 are deleted.

Amendment 264 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 92/106/EEC
Article 9a – paragraph 1

Member States shall designate one or more competent authority, in place at the time when this Directive is adopted, to ensure the implementation of this Directive and to act as the main point of contact for its implementation.

Amendment 265 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 92/106/EEC
Article 9a – paragraph 2

2. Member States shall ensure that national competent authorities cooperate with the competent authorities from other mMember States and with the European Road Agency. For such purpose, Member States shall ensure that competent authorities provide each other with the information necessary for the application of the present Directive. In respect of the information exchanged, the receiving authority shall ensure the same level of confidentiality as the originating authority.

Amendment 266 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 92/106/EEC
Article 9a – paragraph 3

3. Member States shall publish in an easily accessible manner on the internet and free of charge the relevant information concerning the measures adopted pursuant Article 6, as well as other relevant information for the purposes of the application of the present Directive.

Amendment 267 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 92/106/EEC
Article 9a – paragraph 4

4. The Commission shall publish on the internet and update, where necessary, the list of competent authorities referred to in paragraph 1, as well as a list of the measures referred to in Article 6.;

Amendment 268 #

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by XXXXXX [~~one~~two years after adoption of the Directive.] at the latest. They shall immediately communicate the text of those measures to the Commission.

Amendment 48 #

Proposal for a directive
Recital 1

(1) The overall aim is to establish a resource-efficient multimodal transport network and to reduce the negative impact of transport on air pollution, greenhouse gas emissions, accidents, noise and congestion continue to pose problems to the economy, health and well-being of European citizens. Despite the fact that road transport is the main contributor of those negative effects, road freight transport is estimated to grow by 60 per cent by 2050.

Amendment 49 #

Proposal for a directive
Recital 1

1) The negative impact of road transport on air pollution, greenhouse gas emissions, accidents, noise and congestion continues to pose problems to the economy, health and well-being of European citizens. Despite the fact that road transport is the main contributor of those negative effects, road freight transport is estimated to grow by 60 per cent by 2050, particularly because of the intensification of trade between Member States.

Amendment 50 #

Proposal for a directive
Recital 1

(1) The negative impact of transport on air pollution, greenhouse gas emissions, accidents, noise and congestion continue to pose problems to the economy i.e. through external costs, health and well-being of European citizens. Despite the fact that road transport is the main contributor of those negative effects, road freight transport is estimated to grow by 60 per cent by 2050.

Amendment 51 #

Proposal for a directive
Recital 2

(2) ~~Reducing the negative impact of transport activities remains one of the main goals of the Union's transport policy.~~ Council Directive 92/106/EEC21 which establishes measures to encourage the development of combined transport, is the only legislative act of the Union to directly incentivise the shift from road freight to lower emission transport modes such as inland waterways, maritime and rail. _________________ 21 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).

Amendment 52 #

Proposal for a directive
Recital 2

2) Reducing the negative impact of transport activities remains one of the main goals of the Union's transport policy. Council Directive 92/106/EEC21 which establishes measures to encourage the development of combined transport, is the only legislative act of the Union to directly incentivise the shift from road freight to lower emission transport modes such as inland waterways, maritime and rail. That Directive has not had the desired effect, because of social dumping in the road transport sector, which has given it a considerable competitive advantage. _________________ 21 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).

Amendment 53 #

Proposal for a directive
Recital 2

(2) Reducing the negative impact of transport activities and improving the efficiency of the transport system remains one of the main goals of the Union's transport policy. Council Directive 92/106/EEC21 which establishes measures to encourage the development of combined transport, is the only legislative act of the Union to directly incentivise the shift from road freight to lower emission transport modes such as inland waterways, maritime and rail. _________________ 21 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).

Amendment 54 #

Proposal for a directive
Recital 3

(3) The goal of reaching 30% of road freight over 300 km shifted to other modes of transport such as rail or waterborne transport by 2030, and more than 50% by 2050, ~~in order to optimise the performance of multimodal logistic chains, including by making greater use of more energy-efficient modes, has been slower~~ has to be achieved via efficiency gains and infrastructure improvements withain ~~expected and according to the current projections, will not be reached~~the rail and waterborne sector.

Amendment 55 #

Proposal for a directive
Recital 3

3) The goal of reaching 30 % of road freight over 300 km shifted to other modes of transport such as rail or waterborne transport by 2030, and more than 50 % by 2050, in order to optimise the performance of multimodal logistic chains, including by making greater use of more energy- efficient modes, has been slower than expected and ~~according to the current projections, will not be reach~~will not be reached until the material conditions in which drivers in road haulage operate are significantly improved.

Amendment 56 #

Proposal for a directive
Recital 3

(3) The goal of reaching 30% of road freight over 300 km shifted to other modes of transport such as rail or waterborne transport by 2030, and more than 50% by 2050, in order to optimise the performance of multimodal logistic chains, including by making greater use of more energy- efficient modes, has been slower than expected and according to the current projections, will not be reached. Given the still untapped potential of combined transport, the implications of improving this Directive are significant in terms of the contribution the sector makes to realising the targets set in the Paris Climate Agreement.

Amendment 57 #

Proposal for a directive
Recital 3

(3) The goal of reaching 30% of road freight over 300 km shifted to other modes of transport such as rail or waterborne transport by 2030, and more than 50% by 2050, in order to optimise the performance of multimodal logistic chains, including by making greater use of more energy- efficient modes, has been slower than expected and according to the current projections, will not be reached. In order to reach the Paris Agreement goals, the development of combined transport bears considerable potential.

Amendment 58 #

Proposal for a directive
Recital 4

(4) Directive 92/106/EEC has contributed to the development of the Union's policy on combined transport and has helped shift a considerable amount of freight away from road. Shortcomings in the implementation of that Directive, notably ambiguous language and outdated provisions, ~~and~~ the limited scope of its support measures, as well as the bureaucratic and protectionist obstacles within the rail sector, have significantly reduced its impact.

Amendment 59 #

Izaskun BILBAO BARANDICA, Pavel TELIČKA

Proposal for a directive
Recital 4

4) Directive 92/106/EEC has contributed to the development of the Union's policy on combined transport ~~and has helped shift a considerable amount of~~, but has not made it possible to shift enough international freight away from road. Shortcomings in the implementation of that Directive, notably ambiguous language and outdated provisions, and the limited scope of its support measures, have significantly reduced its impact.

Amendment 60 #

Proposal for a directive
Recital 4

(4) Directive 92/106/EEC has contributed to the development of the Union's policy on combined transport and has helped shift a considerable amount of freight away from road. Shortcomings in the implementation of that Directive, notably ambiguous language and outdated provisions, and the limited scope of its support measures, have significantly reduced its impact. There has also been a failure to implement TEN-T priority projects within schedule.

Amendment 61 #

Proposal for a directive
Recital 5

(5) Directive 92/106/EEC should be simplified and its implementation improved by reviewing the economic incentives to combined transport, with the aim of ~~encouraging the shift of goods from road transport to modes which are more environmentally friendly, safer, more energy efficient and cause less congestion~~improving the competitiveness of rail and waterborne transport in comparison to road transport.

Amendment 62 #

Izaskun BILBAO BARANDICA, Pavel TELIČKA

Proposal for a directive
Recital 5

5) Directive 92/106/EEC should be simplified and its implementation improved by reviewing the economic incentives to combined transport and ways of improving wages and social conditions for road haulage employees, with the aim of encouraging the shift of goods from road transport to modes which are more environmentally friendly, safer, more energy efficient and cause less congestion.

Amendment 63 #

Proposal for a directive
Recital 5

Amendment 64 #

Lucy ANDERSON, Karoline GRASWANDER-HAINZ, Michael DETJEN, Theresa GRIFFIN, Miltiadis KYRKOS, Nicola CAPUTO, Marita ULVSKOG, Ismail ERTUG

Proposal for a directive
Recital 5 a (new)

(5a) Additionally, in order to guarantee the social protection of drivers and to ensure the well-functioning of the internal market, with fair and equal competition between Member States and operators, the provisions concerning the road leg of combined transport should be coordinated with the provisions concerning cabotage under Regulation (EC) No 1071/2009 1a and Regulation (EC) 1072/2009 1b, as well as with those under Directive 96/71/EC 1c on posting of drivers. _________________ 1aRegulation (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 L300, 14.11.2009, p. 51). 1bRegulation (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, (OJ L300, 14.11.2009, p. 72). 1cDirective 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, (OJ L 18, 21.1.1997, p. 1).

Amendment 65 #

Proposal for a directive
Recital 6

6) The volume of national intermodal operations constitutes 19,3 % of the total intermodal transport in the Union. Such operations currently do not benefit from the support measures provided by Directive 92/106/EEC because of the limited scope of the definition of combined transport. However, the negative effect of national road transport operations, and notably greenhouse gas emissions and congestion, have an impact beyond the national borders. Therefore it is necessary to broaden the scope of Directive 92/106/EEC to national (intra- Member State) combined transport operations in order to support the further development of combined transport in the Union, hence an increase in the modal shift from road to rail, inland waterways and short sea shipping.deleted

Amendment 66 #

Mark DEMESMAEKER

Proposal for a directive
Recital 6

6) The volume of national intermodal operations constitutes 19,3% of the total intermodal transport in the Union. Such operations currently do not benefit from the support measures provided by Directive 92/106/EEC because of the limited scope of the definition of combined transport. However, the negative effect of national road transport operations, and notably greenhouse gas emissions and congestion, have an impact beyond the national borders. Therefore it is necessary to broaden the scope of Directive 92/106/EEC to national (intra- Member State) combined transport operations in order to support the further development of combined transport in the Union, hence an increase in the modal shift from road to rail, inland waterways and short sea shipping.deleted

Amendment 67 #

Mark DEMESMAEKER

Proposal for a directive
Recital 7

7) A combined transport operation is to be seen as one single transport operation that directly competes with a unimodal transport operation from the point of departure to the final destination. Regulatory conditions should ensure equivalence between international combined transport and international unimodal transport, and national combined transport and national unimodal transport respectively.deleted

Amendment 68 #

Proposal for a directive
Recital 7

7) A combined transport operation is to be seen as one single transport operation that directly competes with a unimodal transport operation from the point of departure to the final destination. Regulatory conditions should ensure equivalence between international combined transport and international unimodal transport~~, and national combined transport and national unimodal transport respectively~~.

Amendment 69 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Andor DELI

Proposal for a directive
Recital 7 a (new)

(7a) Applying the provisions of Directive 96/71/EC1a to the road sections of combined transport could constitute an unnecessary and costly administrative barrier for undertakings in the road haulage market operating combined transport in other Member States. It could lead to restrictions on goods trade between Member States and an increase in the prices of goods and transport services, and significantly disrupt the process of building a Single European Transport Area in line with the 2011 Transport White Paper. _________________ 1aDirective 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

Amendment 70 #

Proposal for a directive
Recital 7 a (new)

(7a) The shift from long distance road transport to multimodal transport is priority. Therefore, in order to create incentives, all road legs operations being part of the combined transport operations should be exempted from the scope of the Regulations No 1071/2009 1a of the European Parliament and of the Council, and No 1072/2009 1b of the European Parliament and of the Council. _________________ 1aRegulation (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 L300, 14.11.2009, p. 51). 1bRegulation (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, (OJ L300, 14.11.2009, p. 72).

Amendment 71 #

Elżbieta Katarzyna ŁUKACIJEWSKA, Andor DELI

Proposal for a directive
Recital 7 a (new)

(7a) The road legs of a combined transport operation should be covered by the provisions of Regulation (EC) No 1071/20091a of the European Parliament and of the Council and Regulation (EC) No 1072/2009 1b of the European Parliament and of the Council. _________________ 1aRegulation (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 L300, 14.11.2009, p. 51). 1bRegulation (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 (OJ L300, 14.11.2009, p. 72).

Amendment 72 #

Proposal for a directive
Recital 7 b (new)

(7b) In order to secure the competitive advantage of combined transport over road transport, all road legs, which are part of combined transport operations, should be exempted from the scope of Directive 96/71/EC 1a, and from the enforcement of those provisions under Directive 2014/67/EU 1b. _________________ 1aRegulation (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 L300, 14.11.2009, p. 51). 1bDirective 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ( ‘the IMI Regulation’ ) Text with EEA relevance, (OJ L 159, 28.5.2014, p. 11).

Amendment 73 #