EU community license

from Wikipedia, the free encyclopedia
EEC license from 1994 in Germany
EU license for passenger transport (2019)

The EU community license authorizes commercial road haulage within the European Union .

License and Entitlement

An EU community license entitles the holder to cross-border and domestic transport of commercial road haulage in all EU countries. It is issued by the transport authority of the Member State of establishment in the name of the transport company for ten years (Note: With the entry into force of the Road Package (see below) on December 4, 2011, the approval period was extended from 5 to 10 years). In addition, an EU community license once received can now be extended upon request; this extension is then granted indefinitely.

Since December 4, 2011, the legal basis for the Community license has been Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of October 21, 2009 laying down common rules for admission to the occupation of road transport operator… . (Previous regulation: Regulation (EEC) No. 881/92, which has now been repealed)

Every transport company in the 28 EU countries only receives a single EU license if the requirements for access to the profession (specialist knowledge, reliability and performance) are met. The original is presented as a one- time certificate and the subsequent EU licenses are recognizable as copies with a consecutive number of the respective copy. The original license remains with the company and certified copies must be carried in the truck. The European Union community license ( EU license or also called Euro license ) , which is re- issued after ten years , is also provided with a consecutive number.

Recent changes

The EU has decided on the so-called Road Package . This includes the EU regulations

  • Regulation (EC) No. 1071/2009 of the European Parliament and of the Council of October 21, 2009 laying down common rules for admission to the occupation of road transport operator and repealing Council Directive 96/26 / EC,
  • Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of October 21, 2009 on common rules for access to the market for cross-border road haulage (note: parts of Regulation (EU) 1072/09 came into force in 2010 , namely the regulations on cabotage ),
  • EU License: General Provisions (2019)
    Regulation (EC) No. 1073/2009 of the European Parliament and of the Council of October 21, 2009 on common rules for access to the cross-border passenger road transport market and amending Regulation (EC) No. 561/2006, all of which on December 4 Comes into force across the EU in 2011.

It will / will u. a.

  • the entry requirements for both road haulage and road passenger transport have been revised and standardized across the EU,
  • EU permits are extended in time and provided with extension options,
  • Possibilities of refusal or revocation of permits are standardized, sometimes even tightened (cf. the newly introduced colloquial "7 deadly sins of freight transport" in Appendix IV to Art. 6 of Regulation (EU) 1071/2009. - As far as these catalog acts are available, the discretion of the competent authorities, whether they withdraw the permit or not, is reduced to almost zero!).
  • an EU-wide electronic central register for goods and passenger road transport companies introduced, which is to be implemented nationally in each member state.

The member states are obliged to adapt their existing national law by this time at the latest. As far as the EU regulations still allow leeway, these are to be filled in by the member states. Since these are EU regulations, they will apply immediately in every member state from December 4, 2011.

National regulations

Germany

The community license also applies to entrepreneurs whose company headquarters are within the scope of the Basic Law as a permit to operate commercial road haulage in Germany (Section 5 of the German Road Haulage Act - GüKG).

The Road Package made changes to the Road Freight Transport Act and the Passenger Transport Act (PBefG) necessary, which the federal legislature implemented through a legislative resolution of 23 September 2011. The German ordinance “Professional access ordinance for goods transport (GBZugV)”, which is based on the GüKG, was adapted accordingly on December 21, 2011. The adjustments in the " Occupational Access Ordinance for Road Passenger Traffic (PBZugV)", which were necessary after the amendment to the PBefG , were implemented in February 2013.

An electronic central register for goods and passenger road transport companies is also being introduced (transport company file - VUDat) ; the German implementation regulation was also enacted on December 21, 2011 as the "Transport Company Implementation Ordinance (VUDat-DV)".

Individual evidence

  1. Regulation (EC) No. 1071/2009 (PDF) of October 21, 2009 laying down common rules for admission to the occupation of road transport operator and repealing Council Directive 96/26 / EC
  2. Regulation (EEC) No. 881/92 of the Council of March 26, 1992 on access to the road haulage market in the Community for transports from or to a Member State or through one or more Member States , www.transportrecht.org (February 9, 2007) ( Memento of the original from October 19, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 302 kB)  @1@ 2Template: Webachiv / IABot / www.transportrecht.org
  3. See also for Germany the interpretation aid for Annex IV of Regulation (EC) No. 1071/2009… of the BMVBS of January 25, 2012. Published in VKBl. 4/2012 of February 29, 2012. As PDF online at bag.bund.de.
  4. Overview at the Federal Office for Goods Transport with additional links (including the EU regulations)
  5. Overview of the Hamburg Chamber of Commerce with further information ( memento of the original dated August 11, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  @1@ 2Template: Webachiv / IABot / www.hk24.de
  6. Goods Transport Act (GüKG) of June 22, 1998 ( Federal Law Gazette I p. 1485 ), which was last amended by Article 492 of the Ordinance of August 31, 2015 ( Federal Law Gazette I p. 1474 ) ( PDF )
  7. Report from the German Bundestag under the heading “Market access in road haulage newly regulated” on the draft law of the Federal Government to amend the Road Haulage Act and the Passenger Transport Act (BT-Drs. 17/6262)
  8. Professional access ordinance for road haulage of December 21, 2011 ( Federal Law Gazette I p. 3120 ), PDF
  9. Professional access ordinance for road passenger traffic of June 15, 2000 ( Federal Law Gazette I p. 851 ), last amended by Article 484 of the ordinance of August 31, 2015 ( Federal Law Gazette I p. 1474 ) [1]
  10. Ordinance on the implementation of the transport company file according to the Freight Transport Act (Transport Company File Implementation Ordinance - VUDat-DV) of December 21, 2011 ( Federal Law Gazette I p. 3126 ) ( PDF )