Key Benefits:
Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, responsible for green technologies and climate negotiations,
Considering the agreement on the European Economic Area, signed in Porto on 2 May 1992, and the decision of the Joint Committee of the European Economic Area No. 7/94 of 21 March 1994;
Having regard to Council Directive No. 92/106/EC of 7 December 1992 amended on the establishment of common rules for certain combined transport of goods between Member States;
See?Article 283 of the General Tax Code, in particular 1 ;
See?Article L. 325-4 of the road code ;
Having regard to Act No. 82-1153 of 30 August 1982 on the orientation of amended inland transport, including Article 6-1;
Vu le Decree No. 99-752 of 30 August 1999 amended on road transport of goods, including article 12 e;
Vu le Decree No. 2010-389 of 19 April 2010 cabotage in road and river transport, including Article 1;
Having regard to the decree of 25 September 1991 on the execution of combined transport of goods between the States members of the European Economic Community, as amended by the decree of 21 February 1995;
Having regard to the amended decision of 9 November 1999 concerning the transport or rental documents to be on board the road vehicles of goods, as amended by the order of 8 January 2004,
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The above-mentioned order of September 25, 1991 is thus amended:
I. - Article 1 is amended as follows:
1° The first paragraph is as follows:
"This Order applies to combined transport operations as set out in Council Directive No. 92/106/EC of 7 December 1992 amended on the establishment of common rules for certain combined carriage of goods between Member States. »
2° In the second paragraph, the words: "Member States" are replaced by the words: "States Parties to the Agreement on the European Economic Area".
II. - In the first paragraph of Article 2, the words "of the second paragraph of Article 1" are replaced by the words "of Article 4", and the words "in the second paragraph of Article 1" are replaced by the words "in Article 1".
III. - Article 4 is as follows:
“Art. 4. - I. Pursuant to Article 4 of the Directive of the Council of 7 December 1992 referred to above, any road carrier established in a State Party to the Agreement on the European Economic Area and meeting the conditions of access to the profession and the market of the carriage of goods between States parties to this Agreement has the right to carry out initial and/or terminal road routes which are an integral part of the combined transport between States parties to this Agreement and which involve or not the passage of a border.
“II. ― The provisions of Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for access to the market for the international carriage of goods by road are not applicable to the road cabotage operations of goods carried out in the combined transport defined in Article 1 of this Order. »
IV. ― In the first and second paragraphs of Article 5, the words: "Member States" are replaced by the words: "States Parties to the Agreement on the European Economic Area".
The above-mentioned decision of 9 November 1999 is amended as follows:
I. ― In the b of I and in the c of II of Article 2, the words: "as well as, in the case of cabotage in France, references of his registration at the non-resident tax centre" are deleted.
II. ― Section 4 is amended as follows:
1° The first paragraph is preceded by the Roman number "I. ―" and the second paragraph is preceded by the Roman number "II. ―
2° The second preambular paragraph was amended as follows:
(a) The second sentence of the first paragraph is deleted;
(b) In b, the words: "as well as, in the case of cabotage in France, references to its registration at the non-resident tax centre" are deleted;
(c) The d is supplemented by the following sentence: "For batches, this information may be provided in a summary statement; » ;
3° After II, the following III, IV and V are inserted:
"III. ― For cabotage operations, the car letters to be found on board the vehicle in accordance with the e of Article 12 of the aforementioned amended Order of 30 August 1999 must also include:
“1. The registration number of the motor vehicle that carries out the transport;
“2. The date of unloading of the goods.
"IV. ― For the pre- and post-road transport operations of the combined transport planned by the amended dated 25 September 1991 concerning the execution of the combined transport of goods between Member States, the company must submit any document to justify the international and intermodal character of the transport operation.
"The international transport document takes place as a consignment note when it includes the records provided for in II.
"V. ― The consignment note and the summary statement may be prepared in electronic form. »
III. - Section 5 is amended as follows:
1° Au a du I et aux a et b du II, les mots : « deuxième alinéa » sont remplacement par le numéro roman : « II » ;
2° After the following III, the following IV and V are inserted:
"IV. • The consignment note and the summary statement may be prepared in electronic form.
"V. ― The provisions of this section do not apply to cabotage operations. »
IV. ― Section 6 is amended as follows:
1° Paragraph I is supplemented by the following phrases: "The car letter is in free form. It can be established electronically. » ;
2° II is thus amended:
(a) In a, the words: "as well as, in the event of cabotage in France, references to his registration at the non-resident tax centre" are deleted;
(b) The g is deleted;
3° The III becomes the IV;
4° After II, it is inserted a III as follows:
"III. – The provisions of Article 4 III and IV are applicable to moving operations. »
V. - The first paragraph of Article 7 is supplemented by the following phrases: "The rental sheet is in free form. It can be established electronically. »
VI. - In the first paragraph of Article 10, the words "in I and II of Article 5" are replaced by the words "in Articles 4 and 5".
VII. - In the first two and last paragraphs of Article 11, the words: "Article L. 9-2 of the Highway Code" are replaced by the words: "TheArticle L. 325-4 of the road code "
The Director of Transport Services is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, April 22, 2010.
For the Minister and by delegation:
The Director of Transport Services,
P. Vieu
