1st report on the implementation by Member States of certain provisions concerning the access to the occupation of road transport operator

Regulation (EC) No 1071/2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator applies to all undertakings established in the EU which are engaged in the occupation of road transport operator, as well as those which intend to engage in such an occupation. This report refers to the implementation of certain provisions of the Regulation in Member States in the period from 4 December 2011 until 31 December 2012.

The occupation of road transport operator refers to both the occupation road haulage operator and the occupation of road passenger transport operator. Certain categories of undertakings, such as those using motor vehicles of a laden mass of less than 3.5 tonnes, are exempted from the scope of the Regulation, which defines common rules governing the admission to the occupation of road haulage and road passenger transport operators.

In accordance with the Regulation, undertakings engaged in the occupation of road transport operator should have an effective and stable establishment in a Member State, be of good repute, have appropriate financial standing and the requisite professional competence. Furthermore, the Regulation imposes an obligation on road transport undertakings to designate a transport manager who holds a certificate of professional competence that confirms the possession of skills and knowledge necessary to manage transport operations in line with all legal and industrial requirements and in an effective and continuous manner.

The responsibility to verify transport undertakings' compliance with the conditions laid down in Regulation (EC) No 1071/2009 lies with the Member States. Moreover, well organised administrative cooperation between Member States plays a key role in improving the effectiveness of monitoring of undertakings operating in the European Union. National reports provided by Member States constitute a crucial input to the Commission report.