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The objectives of the European Register of Road transport Undertakings (ERRU)

The objectives of the European Register of Road transport Undertakings (ERRU) . Setting the scene and working towards a common interpretation of the Regulation on access to the profession. DG MOVE D.3 18/10/2012. Topics. Considerations related to Regulation 1071/2009

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The objectives of the European Register of Road transport Undertakings (ERRU)

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  1. The objectives of the European Register of Road transport Undertakings (ERRU) Setting the scene and working towards a common interpretation of the Regulation on access to the profession DG MOVE D.3 18/10/2012

  2. Topics • Considerationsrelated to Regulation 1071/2009 • The establishment of the ERRU • The study on sanctions in commercial road transport

  3. Regulation 1071/2009 on the access to the profession The Regulation has established the requirements for engagement in the occupation of road transport operator (Article 3) : • Effective and stable establishment in a Member State • Good repute • Appropriatefinancial standing • Requisiteprofessionalcompetence • Additional conditions canbeimposed by Member States The ERRU islinked to the control of the requirement of GOOD REPUTE

  4. Conditions relating to the good repute The conditions must be met by both transport undertakings and transport managers, theirconductshallbedetermined by reference to convictions, penalties or infringements of road transport legislationcommitted by : Transport undertakings Transport managers Anyother relevant person (including drivers) The good repute of transport managers isconditional on not having been convicted of a seriouscriminaloffence or not havingincurred a penalty for a seriousinfringement A conviction for the mostseriousinfringementsshouldresult in the loss of good repute

  5. The most serious infringements (Annex IV to Regulation 1071/2009) 1.Driving times and rest periods 2.Tachograph and speed limiter 3.Driving without a valid roadworthiness certificate 4.Dangerous goods 5.Driving licence and Community licence 6.Driver card 7.Maximum permissible laden mass

  6. The interconnection of national registers on road transport undertakings Member States have to establish national electronic registers Minimum content (Article 16 (2) a) to e)) Public access Separation between publicly accessible data and data concerning infringements and unfit managers Member States have to exchange certain information Infringements (number, category and type) Transport manager

  7. Benefits of the ERRU • Better cooperation between Member States • Effective national risk rating systems • Reducing administrative burden for authorities and for complying road transport undertakings

  8. Legal timetable • 31.12.09: Decision on minimum requirements for register (Commission decision 2009/992/EU) • 31.12.10: Adoption of rules on interoperability (Commission Regulation (EU) No 1213/2010) • 31.12.12: Interconnection of registers + assessing fitness of managers (the Commission will be strict to see this deadline respected) • 31.12.15: All most serious infringements in register

  9. The ERRU Working Group • Created by the responsible Committee • Commission and Member States representatives (business/technical) • 7 meetings since July 2009, last meeting in March 2012, next meeting foreseen for 15 November 2012 • Great technical knowledge of participants • Prepared the relevant implementing acts • European Data Protection Supervisor has been consulted before adopting the implementing acts

  10. Peer to peer Central hub Member State Member State Broker Member State Member State Broker Central hub Member State Broker Member State Broker Member State Member State Member State ERRU architecture

  11. ERRU messages • Exchange and record in the national database of infringements committed in host Member States • Host Member State to Member State of establishment • Reply from Member State of establishment • Verification of fitness of transport managers • Message from Member State of establishment to all other Member States • Replies from other Member States • Acknowledgement

  12. Infringements leading to loss of good repute in addition to Annex IV Required by Article 6 (2) of Regulation 1071/2009 The Commission has alreadylaunched the work on categorisation of infringements The overall objective isalso to harmonize and enhanceenforcement practices This initiative concerninginfringementsimplies a reflection on sanctions

  13. Study on sanctions in the field of commercial road transport Background information • Grimaldi e Associati (GeA) wasawarded in December2011 a contracthavingasobject a "Study on sanctions in the field of commercial road transport” • The Study should be finalized by December 2012. The draft final report has been submitted in October 2012 Objectives of the Study • Comparative analysis of sanctioning systems in the 27 Member States of the EU • Analysis of the legal scope for harmonization of sanctions at EU level in respect of infringements against the road transport legislation

  14. Methodology • Legal analysis • Survey Stakeholders contacted: • Euro ContrôleRoute (ECR), TISPOL, IRU, CORTE, UETR, ETF EVU, UEAPME, EUROSMART • National authorities • National organizations • Expertsof EU criminal law

  15. Conclusions on the effectiveness of sanctioning systems of Member States • OnlyfewMemberStates’ systemshavebeenfoundpossiblyeffective • Big differencesexist in the typology and level of sanctionsapplied in respect of infringements against the road transport legislation • Differences are only to a minor extentrelated to socio-economicdifferences; e.g. verysignificantdifferencesexistbetweenMS suchas Germany and Sweden • Data show that a veryimportantamount of infringementsisdetected in eachMemberState, with the infringementsof social rulesbeingthe mostfrequent • The sanctioningsystemisnotalwaysconsistent with the seriousness of infringements

  16. Legal scope for harmonisation/approximation /establishing minimum levels of sanctions EU could legitimately adopt an EU-wide harmonization of criminal sanctions in the field of commercial road transport to the extent that it would cover only serious breaches of law (Article 83, Par. 2 of the TFEU) Such approximation could cover also aspects such as the definition of the conducts incriminated, and the identification of categories and levels of penalties applicable

  17. Policy option 1: no action or soft law • Mainrisks • Discriminationacrosstransportoperators • Incentive for transportoperators to developbusiness modelsaccording to the level of finesor othersanctions in MemberStates • Inappropriate implementation of EU rules and non- achievement of itsobjectives (road safety/safeguarding the workingconditions of the drivers )

  18. Policy option 2: approximation • Pros • Level playingfield • Consistentmessagesent to operatorsconcerning the differentdegree of gravity of differentinfringements • Risks • Lengthyadaptationprocesses • (e.g. issue of change of competences of nationalauthorities and bodies)

  19. Thank you for your attention! Transport

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