Road Transport in the European Single Market EC Road Package

Transcription

1 April 2017 POSITION PAPER Rad Transprt in the Eurpean Single Market EC Rad Package This psitin paper addresses CLECAT s respnse n the 4 rad transprt issues n which CLECAT has been cnsulted ver the last 18 mnths: The review f Regulatin 1071/2009/EC n access t the ccupatin f rad transprt peratr and Regulatin 1072/2009/EC n access t the internatinal rad haulage market; The enhancement f scial legislatin in rad transprt: driving and rest time perids, wrking time and psting f wrkers (Regulatin (EC) N 561/2006, Directive 2002/15/EC and Directive 2006/22/EC) The review f Directive 1999/62/EC ( Eurvignette Directive ) as amended, n the charging f heavy gds vehicles fr the use f certain rads. The review f Directive 2004/52/EC and Decisin 2009/750/EC n the Eurpean Electrnic Tll Services (EETS). SUMMARY Eurpean rad transprt plicy shuld seek t achieve a cmpetitive and liberalised market, in the interest f guaranteeing the best pssible service fr the users, whilst respecting the applicable legal framewrk which shuld ensure nt nly harmnizatin and cmmn grund but als a system which is predictable and freseeable. CLECAT is cncerned abut incmplete and incrrect implementatin f existing rules which is hindering the free mvement f gds in the single market. Fr freight frwarders it remains essential t have regulatin in place which seeks t imprve the verall efficiency and quality f rad freight services, withut adding t the burden f bureaucracy assciated with regulating an industry. Fair cmpetitin can best be reached thrugh better enfrcement. It remains the task f natinal gvernments t ensure enfrcement f regulatin and t exchange infrmatin and natinal cntrl practices. CLECAT is wrried t see enfrcement being replaced mre and mre by natinal initiatives and regulatin, and an increased administrative burden n freight frwarders, t the level f taking ver the rle f enfrcement. CLECAT supprts the need t clarify and simplify existing regulatin and ensure hmgenus implementatin and enfrcement acrss Member States, with the ultimate aim t have a better functining internal market. CLECAT calls fr a realistic and pragmatic apprach, at a time when Eurpe needs t refrain frm further prtectinism which will ultimately nt bring benefits t the Eurpean ecnmy and sciety at large.

2 Intrductin CLECAT represents the interest f the vast majrity f lgistics service prviders, freight frwarding and custms services prviders bth within the EU and cntinental Eurpe. Freight frwarders are agents r cntractual carriers that use all transprt mdes and are nt limited t rad transprt; they utilise the entire and cmplex lgistics infrastructure with an unprejudiced and cst-efficient apprach. As such CLECAT has an interest in the Cmmissin s initiative t review the current situatin f the internal market in rad freight transprt. Overall, CLECAT s psitin is gverned n the basis that measures taken: d nt create shrtages f rad freight services enhance the quality f rad freight services increase the efficiency f rad freight services rather than adding bureaucracy strengthen the internal market d nt inhibit innvatin in the rad freight and lgistics sectr imprve reliability thrugh mre certainty f cmpliance with future envirnmental and security regulatins and standards Access t the ccupatin f rad transprt peratr and Regulatin 1072/2009/EC n access t the internatinal rad haulage market (Review f Regulatin 1071/2009 EC and Regulatin 1072/2009/EC) The verarching gal f EU plicy as utlined in the White Paper n transprt is t create a Eurpean Single Transprt Area where rad hauliers frm different Member States are free t access the transprt prfessin in different cuntries as well as t undertake transprt peratins acrss the EU. At this mment the internal market fr rad transprt services is nt fully cmpleted. CLECAT cntinues t bserve differences and nging attempts by Member States t enfrce access t the market in a mre stringent manner, leaving industry with a cstly and cnfusing patchwrk f rules. This is particularly the case fr cabtage in rad freight, rules fr which are set ut in Regulatin (EC) N 1072/2009, which at the time f its adptin increased certainty by remving natinal interpretatins f the previus rules. CLECAT supprts EU initiatives t make the regulatin simpler and easier t enfrce. T enable and facilitate enfrcement, CLECAT prpses t d away the number f cabtage peratins which may be carried ut within a 7-day perid. These rules shuld enable peratrs t stay in any ne Member State (ther than the cuntry f registratin) fr n mre than a week in rder t perfrm legitimate business peratin. Cabtage peratins shuld nt be restricted t the fulfilment and cmpletin f an internatinal transprt, but als as sn as the vehicle has entered the hst cuntry. This shuld ensure a better utilizatin f capacity, reduce empty runs which bring ecnmic and envirnmental benefits and represent a clearer and better understandable definitin f cabtage

3 Much f the current prblems stem frm the different implementatin f the current rules by Member States, whereby the additinal natinal requirements may nt be in line with EU regulatin. It has been bserved that additinal administrative requirements and cntrls largely ccur in thse Member States with a relatively high number f cabtage peratins and therefre have a prtectinist nature. CLECAT is f the pinin that there is currently nt sufficient data t supprt a prpsal t extend the rules n access t the prfessin t vehicles belw 3.5 tnnes. Hwever, in case a part f the requirements is extended t vehicles belw 3.5 tnnes, administrative and financial burdens shuld be kept t a minimum level fr the industry, in particular fr small and medium-sized enterprises perating vehicles belw 3.5t. The enhancement f scial legislatin in rad transprt: driving and rest time perids, wrking time and psting f wrkers (Regulatin (EC) N 561/2006, Directive 2002/15/EC and Directive 2006/22/EC) CLECAT remains f the pinin that the Psting f Wrkers Directive is nt suitable fr the internatinal (rad) transprt sectr as it des nt take int accunt the sectr s highly mbile wrkfrce, transnatinal character nr the administrative burdens and enfrcement difficulties f applying it t rad transprt peratins. The Cmmissin has recgnised this nting that it wuld be mst suited fr these challenges t be addressed thrugh sectrspecific legislatin. Hwever, as the revised Psting f Wrkers directive is nw under review in the Eurpean Parliament, the legal cnsequences f the s called sectr-specific regulatin which are embedded in the transprt directins are still unclear. CLECAT has raised cncerns with regards t the intrductin f natinal measures which prevent the internal market frm functining prperly. We publicly supprted the investigatin and infringement prcedures initiated by the Eurpean Cmmissin t determine whether such natinal prvisins can legitimately be applied t internatinal transprt peratins, including cabtage and transit, and whether they can be cnsidered effective and prprtinate. Bth the Mindestlhngesetz and the Li Macrn add significant uncertainty, administrative and financial burdens t peratrs and the frwarders/lgistics service prviders. We urge the Cmmissin t mve frward n these issues and t ensure legal certainty fr freight frwarding and lgistics service prviders perating in a single Eurpean market. It has been suggested that the psting f wrkers Directive wuld apply if a driver stays in a Member State mre than X amunt f calendar days in a calendar mnth. This requires a cnsiderable administrative burden fr cmpanies, especially small and medium-sized enterprises, and Member States, plus the installatin and maintenance f digital tachgraphs in all vehicles t which the rules apply. The rules n psting f wrkers and cabtage are clsely interlinked. By extending lcal labur law t cabtage activities - applying the Psting f Wrkers Directive with minimal wages, paid leave, health, safety and registratin f cabtage activities - the rules that restrict - 3 -

4 cabtage activities wuld becme bslete. Hwever, when a perid f stay wuld indicate a mre permanent business arrangement this wuld require registratin by the enfrcement agencies seeking t regulate rad freight peratins within each Member State. CLECAT wuld supprt mre flexibility with regard t the weekly rest perids t take accunt f the availability f secure parking and ther resting facilities. This wuld allw fr increased efficiency and flexibility fr the transprt peratins and als cnsider the situatin f the driver. Currently, drivers are smetimes frced t spend their weekly rest perid clse t their destinatin r hme base, simply t cmply with the EU rules n driving and rest time. Als, the different applicatin f rules in different Member States (such as the pssibility t sleep in the cabin) creates prblems and leads t unnecessary administrative burdens. Fair cmpetitin can best be reached thrugh better enfrcement. It shuld be recgnised that it remains the task f natinal gvernments t ensure enfrcement f regulatin and t exchange infrmatin and natinal cntrl practices. CLECAT is wrried t see enfrcement being replaced mre and mre by natinal initiatives and regulatin, and an increased administrative burden n freight frwarders, t the level f taking ver the rle f enfrcement. CLECAT is f the view that respnsible freight frwarders seek t ensure, befre cntracting a service frm a carrier, that rules are being respected, including the legislatin with regard t the minimum wages and driving and resting times. There are hwever limits t what can reasnably be cntrlled by them t avid carriers cmmitting ffenses, whether intended r unintended. It has been bserved by many that there is currently nt sufficient cperatin between the authrities respnsible fr the enfrcement f the rules in different Member States. CLECAT supprts the fllwing initiatives: A strengthened Eurpean Register f Rad Transprt Operatrs (ERRU) shuld enfrce the mutual cperatin between Member States. The register shuld be used t enable enfrcement authrities t carry ut targeted radside checks using real time infrmatin. These initiatives shuld bring abut faster checks and a reductin in the administrative burden fr cmpliant firms (withut stpping vehicles that fully cmply). Better exchange f infrmatin n infringements between natinal authrities and strengthening the exchange f natinal cntrl practices and cperatin in the fight against fraud thrugh existing multilateral bdies fr plice cperatin such as ECR and TISPOL. Imprve and publish statistics t give the industry better knwledge t better target the cmpanies with recurring infringements and help the exemplary cmpanies. In supprt f fair cmpetitin, develping better cperatin against letterbx cmpanies and ther fraud including shrtening the intrductin perid f the smart digital tachgraph. CLECAT wuld hwever nt supprt additinal legislatin with regard t letterbx cmpanies. There are rules n establishment in place and - 4 -

5 these shuld be better enfrced. Nnetheless, CLECAT wuld be supprtive f a mre unifrm cntrl and enfrcement with regards t establishment. The digitalisatin f transprt dcuments, such as the electrnic cnsignment nte (ecmr) culd be used fr reducing administrative burdens and, when ratified in a large number f Member States, culd supprt enfrcement. The review f Directive 1999/62/EC ( Eurvignette Directive ) as amended, n the charging f heavy gds vehicles fr the use f certain rads and The review f Directive 2004/52/EC and Decisin 2009/750/EC n the Eurpean Electrnic Tll Services (EETS). Efficient rad transprt infrastructure and its maintenance is f key imprtance t EU business. Eurpe s current transprt infrastructure, especially its rad netwrk, is falling behind what is required fr a mdern ecnmy. This is mainly due t lack f investment in maintenance and addressing crss-brder bttlenecks and links. Tgether with the pririty ften given t building new infrastructure ver the maintenance f existing infrastructure when allcating scarce public funds, this has resulted in a chrnic state f underinvestment n the existing netwrk. CLECAT welcmes the Cmmissin s initiatives t priritise Eurpe s investment challenges. We d believe that despite the recent call which seeks t increase, thrugh blending (equity, lans and/r guarantees), the participatin f private sectr investment in the financing f TEN-T, significant investments remain necessary t remve bttlenecks alng the TEN-T netwrks and t remedy missing links. Current legislatin (Eurvignette directive) cntinues t allw fr different mdels f rad charging in Eurpe, creating a patchwrk f incmpatible systems. The current rules n vignettes fr heavy gds vehicles, and the absence f such rules fr light vehicles and buses, ften lead t situatins f discriminatin against nn-resident drivers and HGVs and a diversin away frm the tlled netwrk. The lack f harmnisatin f tlls, charges and vignettes is a surce f administrative burden and creates csts fr transprt and lgistics cmpanies. Only a limited number f functining interperability arrangements have appeared acrss the EU, s internatinal hauliers and lgistics cmpanies cntinue t suffer administrative burden and csts linked t the handling f numerus tlling cntracts and carrying several n-bard units. CLECAT has always advcated that it is fundamental t implement an interperable and easy t use electrnic system fr cllecting existing and future tlls and user charges. This must be a prerequisite fr the implementatin f any new tlls and user charges in rder t avid disruptin t the free flw f traffic and barriers t the Internal Market. A revised Eurvignette Directive shuld address the charging differentiatin f the existing system and result in the further harmnisatin f technlgies and charging systems used thrughut the EU

6 CLECAT wuld supprt an EU initiative t establish a Eurpean framewrk fr electrnic interperable distance based charging fr the use f rad infrastructure n the cnditins that the charging is fair, transparent, simple and nn-discriminatry. This wuld mean that: All types f rad vehicles (bth freight and passenger transprt, heavy- and light-duty vehicles) shuld be part f EU legislatin in the area f charges linked t the use f rads. EU legislatin in the area f charges linked t the use f rads shuld cver all infrastructures f Eurpean imprtance i.e. the main trade lanes f the TEN-T rads, mtrways and natinal rads carrying significant internatinal traffic Revenues frm tlls and rad user charges shuld be earmarked fr rad transprt prjects aimed at reducing the external cst. Withut strict earmarking prvisin, there culd be discriminatin vis-à-vis rad freight users having paid the external cst charges and wh wuld expect that the revenues will be invested int schemes reducing external csts f rad transprt. The intrductin f rad charges shuld be (partly) cmpensated by the reductin in ther taxes and charges (vehicle taxatin, labur charges, VAT n reductin transprt, ) t avid duble-charging (via CO2 external cst charge and existing taxes n fuel r VAT n fuel). In rder t avid inflatin and safeguard EU cmpetitiveness, a new charging scheme shuld be revenue neutral, which means that the intrductin f a new charge shuld be cmpensated by a decrease f ther taxes. CLECAT is f the view that rad charges shuld reflect the envirnmental perfrmance f vehicles t create incentives fr the purchase and use f cleaner vehicles. Initiatives t charge fr envirnmental csts will be far mre acceptable t industry if the revenue generated frm any related charges and taxes are earmarked. By putting a price n the external csts generated by transprt users, rad charges shuld in principle guide the users twards mre sustainable transprt chices. EU legislatin prvides fr maximum levels f time-based charges (vignettes) applicable t heavy gds vehicles and specifies the maximum ratis between the prices f lng-term and shrt-term vignettes. This cap shuld be maintained as lng as vignettes have nt been phased-ut in Eurpe. Taking punitive actin against users f rad freight transprt infrastructure, by raising external csts, raising the csts f trade and ding business, is n way t encurage greater use f alternative mdes r helping EU cmpetitiveness. Varying charges accrding t the time f day is effectively a cngestin charge. Since the cst f cngestin (delays) is brne by thse that frm part f it, CLECAT cnsiders that cngestin related charges are unjustified in s far they d nt prduce a very substantial reductin in traffic. This can nly be expected if all rad users pay the charges, private cars and cmmercial vehicles alike. It shuld als be nted that curfews in and arund urban areas will restrict access fr gds mving by rad at different times f the day r week (e.g. night time r week-end lrry bans)

7 These restrictins are impsing mre csts n thse businesses that culd therwise benefit frm ff-peak distributin schedules. Standardisatin wrk t further harmnise the technlgical slutins used in the different tll dmains shuld be extended. This means a pssible mandatry cmpliance t standards f all interperability cnstituents and migratin bligatin in case f nn-cmpliance and mandatry acceptance in a tll dmain f OBUs certified as cmpliant t standards. CLECAT rather agrees that dynamic rad pricing shuld be applied n cngested interurban rads if it allwed mre reliable/shrter travel times in peak hurs. Hwever, 'dynamic' rad pricing can nly be put in place when there are interperable digital technlgies thrugh cmmn standards and platfrms. CLECAT supprts the implementatin f the ITS directive as these devices wuld lead t better traffic management as well as smarter and ec-friendly driving