Activities of Mireille D'ORNANO related to 2017/0290(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States
Amendments (22)
Amendment 42 #
Proposal for a directive
Recital 1
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
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 47 #
Proposal for a directive
Recital 2
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 #
Proposal for a directive
Recital 3
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 50 #
Proposal for a directive
Recital 4
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 53 #
Proposal for a directive
Recital 5
Recital 5
(5) Directive 92/106/EEC should be simplified and its implementation improved byrepealed and the responsibility for managing this problem should fall to the Member States, which should 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.
Amendment 56 #
Proposal for a directive
Recital 6
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
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
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
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 61 #
Proposal for a directive
Recital 9
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 largesufficient 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
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
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 authenticperfectly secure. The regulatory framework and initiatives simplifying administrative procedures and the digitalisation of transport aspects, should take into consideration developments at Union level.
Amendment 67 #
Proposal for a directive
Recital 13
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 71 #
Proposal for a directive
Recital 14
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
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 #
Amendment 75 #
Proposal for a directive
Recital 16
Recital 16
(16) Support measures shcould be coordinated, as needed, between Member States and the Commission.
Amendment 76 #
Proposal for a directive
Recital 17
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
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 Statesthe 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
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
Recital 22
(22) Since tThe 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.