Regulation (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 (recast) (Text with EEA relevance)Text with EEA relevance
| Published date | 14 November 2009 |
| Official Gazette Publication | Gazzetta ufficiale dell’Unione europea, L 300, 14 novembre 2009,Diario Oficial de la Unión Europea, L 300, 14 de noviembre de 2009,Journal officiel de l’Union européenne, L 300, 14 novembre 2009 |
02009R1072 — EN — 21.02.2022 — 003.001
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| ►B | REGULATION (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 (recast) (Text with EEA relevance) (OJ L 300 14.11.2009, p. 72) |
Amended by:
| Official Journal | ||||
| No | page | date | ||
| ►M1 | COMMISSION REGULATION (EU) No 612/2012 of 9 July 2012 | L 178 | 5 | 10.7.2012 |
| ►M2 | COUNCIL REGULATION (EU) No 517/2013 of 13 May 2013 | L 158 | 1 | 10.6.2013 |
| ►M3 | REGULATION (EU) 2020/1055 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 July 2020 | L 249 | 17 | 31.7.2020 |
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REGULATION (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
(recast)
(Text with EEA relevance)
CHAPTER I
GENERAL PROVISIONS
Article 1
Scope
Pending the conclusion of the agreements referred to in paragraph 2, this Regulation shall not affect:
provisions relating to the carriage from a Member State to a third country and vice versa included in bilateral agreements concluded by Member States with those third countries;
provisions relating to the carriage from a Member State to a third country and vice versa included in bilateral agreements concluded between Member States which, under either bilateral authorisations or liberalisation arrangements, allow loading and unloading in a Member State by hauliers not established in that Member State.
The following types of carriage and unladen journeys made in conjunction with such carriage shall not require a Community licence and shall be exempt from any carriage authorisation:
carriage of mail as a universal service;
carriage of vehicles which have suffered damage or breakdown;
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until 20 May 2022: carriage of goods in vehicles the permissible laden mass of which does not exceed 3,5 tonnes;
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from 21 May 2022: carriage of goods in vehicles the permissible laden mass of which does not exceed 2,5 tonnes;
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carriage of goods in motor vehicles provided the following conditions are fulfilled:
the goods carried are the property of the undertaking or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking;
the purpose of the journey is to carry the goods to or from the undertaking or to move them, either inside or outside the undertaking for its own requirements;
motor vehicles used for such carriage are driven by personnel employed by, or put at the disposal of, the undertaking under a contractual obligation;
the vehicles carrying the goods are owned by the undertaking, have been bought by it on deferred terms or have been hired provided that in the latter case they meet the conditions of Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on the use of vehicles hired without drivers for the carriage of goods by road (1); and
such carriage is no more than ancillary to the overall activities of the undertaking;
carriage of medicinal products, appliances, equipment and other articles required for medical care in emergency relief, in particular for natural disasters.
Point (d)(iv) of the first subparagraph shall not apply to the use of a replacement vehicle during a short breakdown of the vehicle normally used.
Article 2
Definitions
For the purposes of this Regulation:
‘vehicle’ means a motor vehicle registered in a Member State, or a coupled combination of vehicles the motor vehicle of which at least is registered in a Member State, used exclusively for the carriage of goods;
‘international carriage’ means:
a laden journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States, with or without transit through one or more Member States or third countries;
a laden journey undertaken by a vehicle from a Member State to a third country or vice versa, with or without transit through one or more Member States or third countries;
a laden journey undertaken by a vehicle between third countries, with transit through the territory of one or more Member States; or
an unladen journey in conjunction with the carriage referred to in points (a), (b) and (c);
‘host Member State’ means a Member State in which a haulier operates other than the haulier’s Member State of establishment;
‘non-resident haulier’ means a road haulage undertaking which operates in a host Member State;
‘driver’ means any person who drives the vehicle even for a short period, or who is carried in a vehicle as part of his duties to be available for driving if necessary;
‘cabotage operations’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, in conformity with this Regulation;
‘serious infringement of Community road transport legislation’ means an infringement which may lead to the loss of good repute in accordance with Article 6(1) and (2) of Regulation (EC) No 1071/2009 and/or to the temporary or permanent withdrawal of a Community licence.
CHAPTER II
INTERNATIONAL CARRIAGE
Article 3
General principle
International carriage shall be carried out subject to possession of a Community licence and, if the driver is a national of a third country, in conjunction with a driver attestation.
Article 4
Community licence
The Community licence shall be issued by a Member State, in accordance with this Regulation, to any haulier carrying goods by road for hire or reward who:
is established in that Member State in accordance with Community legislation and the national legislation of that Member State; and
is entitled in the Member State of establishment, in accordance with Community legislation and the national legislation of that Member State concerning admission to the occupation of road haulage operator, to carry out the international carriage of goods by road.
The Community licence shall be issued by the competent authorities of the Member State of establishment for renewable periods of up to 10 years.
Community licences and certified copies issued before the date of application of this Regulation shall remain valid until their date of expiry.
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In the case of vehicles used for the carriage of goods, the permissible laden mass of which does not exceed 3,5 tonnes and for which the lower financial requirements established in the second subparagraph of Article 7(1) of Regulation (EC) No 1071/2009 are applied, the issuing authority shall write in the ‘particular remarks’ section of the Community licence or of the certified true copy thereof: ‘≤ 3,5 t’.
The Commission is empowered to adopt delegated acts in accordance with Article 14b to amend Annexes I and II in order to adapt them to technical progress.
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The Community licence shall be issued in the name of the haulier and shall be non-transferable. A certified true copy of the Community licence shall be kept in each of the haulier’s vehicles and...
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