Presentation on theme: "Bilateral screening, Chapter 14, Transport policy Land Transport/Road/Intermodality/ General issues affecting all modes Brussels, 8 and 9 June 2011."— Presentation transcript:
Bilateral screening, Chapter 14, Transport policy Land Transport/Road/Intermodality/ General issues affecting all modes Brussels, 8 and 9 June 2011
Road charging Directive 1999/62/EC on the charging of heavy goods vehicles for the use in certain infrastructures, amended by Directive No 2006/38/EC, has been transposed by the Road Act No 80/2007 (Art. 17). Regulation No 1108/70 introducing an accounting system for expenditure on infrastructure in respect of transport by rail, road and inland waterway was transposed into the Icelandic legal order by Regulation No 440/2008 on the same subject. Iceland will have no difficulty in fully applying EU Rules on road charging by the date of accession.
Access to the haulage market -an issue that requires specific attention in the negotiations- Access to the haulage market is based on Directive 96/26/EC, transposed in Iceland by Act No 73/2001 on passenger transport and haulage operations on land and Regulation No 100/2006 on road haulage operations. Regulations No 1071/2009 on road transport operator conditions, No 1072/2009 on access to the international road haulage market and No 1073/2009 on coach and bus services have not yet been implemented in Iceland due to an application by Iceland for an adaptation text to Art. 29 of Regulation No 1073/2009 which amends Art. 8 of Regulation No 561/2006, reinstating the so called “twelve day rule”.
Cabotage Regulation No 1072/2009, which regulates cabotage in road haulage and Regulation No 1073/2009 which regulates cabotage in coach and bus services have not yet been implemented in Iceland as previously stated. Regulation No 792/94 (cabotage- own account) laying down detailed rules for the application of Regulation No 3118/93 to road haulage operators on own account was transposed by Act No 47/1994 on land transport (now Act No 73/2001). No problems are foreseen in fully implementing rules on cabotage in road haulage and in coach and bus services.
Access to the market for international passengers transport/cabotage Regulation No 684/92 on common rules for the international carriage of passengers by coach and bus, amended by Regulation No 11/98 and Regulation No 12/98 laying down the conditions under which non- resident carriers may operate national road passenger transport services within a Member State, regulates market access for international passengers traveling by coach and bus. These acts were transposed into the Icelandic legal order by Act No 73/2001 on transport of passengers and haulage operations and by Regulation No 528/2002 on transport of passengers.
Models of documents for passengers transport Regulation No 2121/98, which stipulates models of documents for passenger transport, was transposed into the Icelandic legal order by Act No 73/2001 on Transport of Passengers and Haulage Operations on Land.
Interbus agreement The Interbus Agreement on the international occasional carriage of passengers by coach and bus entered into force in the European Community on 1 January 2003. Iceland has not implemented Decision 2002/917/EC and Decision No 2010/308/EC which form the basis for the Agreement. Iceland doesn’t foresee any problems in becoming a contracting party to the Agreement by the date of accession.
Tariffs Regulation No 11 concerning the abolition of discrimination in transport rates and conditions, in implementation of Art. 79(3) of the Treaty establishing the European Economic Community, as amended by Regulation No 569/2008. –Art. 50 of the EEA Agreement ensures that the same rules will be applied in Iceland as regards the abolition of discrimination in transport rates and conditions. Regulation No 4058/89 on the fixing of rates for the carriage of goods by road between Member States was implemented by Act No 33/1995 on combined transport.
Border controls/Measures in case of crisis Regulation No 3912/92 on controls carried out within the Community in the field of road and inland waterway transport in respect of means of transport registered or put into circulation in a third country and Regulation No 3916/90 on measures to be taken in the event of a crisis in the market in the carriage of goods by road have not been implemented in Iceland. Iceland doesn’t foresee any problems in implementing the Regulations by the date of accession.
Driving time and rest periods -an issue that requires specific attention in the negotiations- Regulation No 561/2006 on the harmonisation of certain social legislation relating to road transport has been transposed in Iceland by the Road traffic and Regulation No 605/2010. On 21 June 2010, ESA authorised Iceland to grant temporary exemptions from Art. 6 and 7 of the Regulation for carriage of perishable foodstuffs. In a letter to ESA, dated 16 January 2011, Iceland requested permanent exemptions. A reply is awaited. Directive 2006/22/EC on minimum conditions for the implementation of Reg. No 3820/85 and No 3821/85 concerning social legislation relating to road transport activities, amended by Dir. 2009/4/EC and Dir. 2009/5/EC, have been transposed by the Road Traffic Act and Regulation No 605/2010.
Tachograps in road transport Regulation No 3821/85/EEC on recording equipment in road transport, as amended, has been transposed into the Icelandic legal order with the exception of Regulation No 1266/2009, which will be implemented in the near future. In Annex II of Regulation No 930/2006 on fines and other penalties for road traffic offences, there are provisions regarding violations of rules on driving time and rest periods and use of tachographs.
Form of attestation of activities Decision 2007/230/EC on a form concerning social legislation relating to road transport activities, amended by Decision 2009/259/EC, has been incorporated into the EEA agreement. Current forms that are in use in Iceland are in line with requirements according to the acquis. Recommendation of 23 January 2009 (2009/60/EC) on guidelines for best enforcement practice concerning checks of recording equipment to be carried out at roadside checks and by authorised workshops has been incorporated into the EEA agreement. Enforcement authorities have taken notice of the content of the recommendation.
Working time for mobile workers in transport Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities has been transposed with the Road Traffic Act and Regulation No 690/2006, as amended by Regulation No 564/2009. As there are no persons in Iceland performing mobile road transport activities, the effect of the Directive is limited.
Pressure equipment Directive 1999/36 on transportable pressure equipment, as amended, is implemented by Regulation No 762/2001 on transportable pressure equipment. The Regulation is based on Act No 46/1980 on the Working Environment, Health and Safety in the Workplace. The Administration of Occupational Safety and Health is responsible for implementation.
Roadworthiness of vehicles Directive 2009/40/EC on roadworthiness of vehicles (recast of Dir. 96/96/EC) has been transposed with the Road Traffic Act and Regulation No 8/2009 on the inspection of vehicles. Directive 2010/48/EU, as well as Commission Recommendation of 5 July 2010 on the assessment of defects during roadworthiness testing in accordance with Dir. 2009/40/EC, will be implemented shortly.
Roadside inspection Directive 2000/30/EC on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community and Directive 2003/26/EC have been transposed by the Road Traffic Act No 50/1987 and Art. 10 of Regulation No 8/2009 on Inspection of Vehicles. Directive No 2010/47/EC, amending Directive 2000/30/EC, will be implemented in Iceland in the near future.
Speed limitation devices Directives 92/6/EEC and 2002/86/EC on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community have been transposed into the Icelandic legal order by the Road Traffic Act and Regulation No 822/2004 on design and equipment of vehicles (Art. 12).
Safety devices Safety belts Directive 91/671/EEC, as amended by Dir. 2003/20/EC, relating to the compulsory use of safety belts and child-restraint systems in vehicles has been transposed into the Icelandic legal order by the Road Traffic Act and Regulation No 347/2007 on the use of safety and protection equipment in vehicles. Mirrors Directive 2007/38/EC on the retrofitting of mirrors to heavy goods vehicles registered in the Community has been transposed into the Icelandic legal order by Regulation No 822/2004 on vehicle design and equipment. The rules in Iceland are fully in line with EU legislation.
Registration/Distinguishing sign Directive 1999/37/EC on the registration documents for vehicles, amended by Directives 2003/127/EC and 2006/103/EC, has been transposed into the Icelandic legal order by the Road Traffic Act and Regulation No 751/2003 on registration of vehicles. The Road Traffic Directorate issues registration documents based on requirements according to the Directive. Regulation No 2411/98 on the recognition in intra-Community traffic of the distinguishing sign of the Member State in which motor vehicles and their trailers are registered. –Iceland does not require other EEA Member States to display distinguishing signs when traveling by car in Iceland.
Training of drivers of heavy vehicles Directive 2003/59/EC on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers was transposed into the Icelandic legal order by Road Traffic Act No 50/1987 and Regulation No 501/1997 on driving licences.
Driving licences Directive 91/439/EEC, as amended, has been transposed into the Icelandic legal order by the Road Traffic Act and Regulation No 501/1997. Categories of driving licences are in line with the Directive, except that the mininum age for driving a passenger car is 17 years. In a draft Road traffic bill pending before Parliament, the suggested minimum age is 18 years. Directive 2006/126/EC (recast), amended by Directive 2009/113/EC, will be implemented in the near future.
Tunnels Directive 2004/54/EC on minimum safety requirements for tunnels in the trans- European road network has been transposed with the Road Traffic Act and Regulation No 992/2007 on safety requirements in tunnels. Only two tunnels in Iceland are covered by the Regulation (part of the TEN-T network).
Road infrastructure safety management Directive 2008/96/EC on road infrastructure safety management will be implemented soon in Iceland. In the draft Regulation that is presently being worked on, it is suggested that the provisions of the Directive will cover both the TEN-T roads and the highway network (roads according to Art. 8 of the Road Act No 80/2007).
Dimensions and weight of vehicles Iceland has transposed Directive 96/53/EC 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 and subsequent adaptations to technical progress in the Road Traffic Act and Regulation No 528/1998 on dimensions and weight of vehicles (now Regulation No 155/2007 on the same subject).
Transport and checks of dangerous goods by road Directive 2008/68/EC on the inland transport of dangerous goods has been transposed into the Icelandic legal order by the Road Traffic Act and Regulation No 1077/2010. Iceland acceded to the European Agreement concerning the international carriage of dangerous goods by road (ADR) on 24 February 2011. Council Directive 95/50/EC on uniform procedures for checks on the transport of dangerous goods by road with subsequent amendments was transposed by the Road Traffic Act and Regulation No 984/2000 on transport of dangerous goods (now Regulation No 1077/2010).
Land transport/rail Railways are part of the EEA agreement, but as there are no railways in Iceland, EU legislation on the subject is not relevant in Iceland.
Combined transport/Marco Polo Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States, as amended by Directive 2006/103/EC, has been implemented in Iceland. Iceland has participated in the Marco Polo programme on the basis of Regulation (EC) No 1692/2006, amended by Regulation No 923/2009.
Clean vehicles/ITS Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles and Directive 2010/40/EU on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport will be implemented in Iceland in the coming months.
Electronic road toll systems Directive 2004/52/EC on the interoperability of electronic road toll systems in the Community has not been implemented as no electronic toll systems are in place in Iceland. The same applies to Decision 2009/75/EC on the definition of the European Electronic Toll service and its technical elements.
General Issues Affecting All Modes of Transport Passenger Rights: AIR Regulation 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 –Transposed by regulation no 574/2005 by the same title Regulation 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air –Transposed by regulation no 475/2008 by the same title Regulation 2027/97 on air carrier liability in the event of accidents –Amended by Regulation 889/2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents –Both transposed into Iceland legal order with chapter 10 of the Aviation Act no 60/1998 and amendments to that chapter.
General Issues Affecting All Modes of Transport Passenger Rights: Bus and Coach Regulation (EU) No 181/2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004. Iceland is still in the process of evaluating the content of the Regulation which will be applicible as of 1 March, 2013.
General Issues Affecting All Modes of Transport: Maritime Transport Reg. 1177/2010 (rights of passengers when travelling by sea and inland waterway) Compliance date: 18 December 2012 EEA Relevant No problems are foreseen in implementing Reg. 1177/2010
Directive on Summer-time arrangements Directive 2000/84/EC on summer-time arrangements has not been implemented in Iceland. Iceland has GMT all year round, the Directive is therefore irrelevant in Iceland.
Public services Regulation (EC) No 1370/2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 has been transposed by Regulation No 128/2011, which is based on the Road Traffic Act No 80/2007. The Regulation entered into force in Iceland on 24 January 2011.
Land transport/Inland waterways No passenger or cargo transport is carried out on inland waterways in Iceland. EU Acts in the field of inland waterways have not been implemented in Iceland, but Iceland will ensure that legislation in this field will be aligned by the date of accession.