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    08.11.2021

    Contributions from ADVANT Nctm offices around the world | July - November 2021


    Social protection for drivers: European Commission and European Labour Authority join Europe-wide enforcement action

     

    The European Commission is working on new enforcement tools and systems to make inspections more effective, risk-based, and less difficult.

     

    Recently, the European Commission adopted a new version of the smart tachograph which includes new functionalities. The new functionalities will help to check compliance with the rules on driving and rest times and with the new rules on cabotage and the posting of drivers.

     

    The EC is also working on reducing the risk rating for road transport companies. It will allow the roadside inspectors to have access to the rating in order to target those at higher risk of non-compliance.

     

     

     

    The European Maritime Transport Environmental Report (“EMTER”)

     

    On September 1st, The European Environment Agency and the European Maritime Safety Agency published a report that provides an accurate analysis of the environmental pressures exerted by the maritime transport sector.

     

    The report shows the greenhouse gas emission from transport in the EU. Road transports represent 71%, aviation 14.4%, and ships produce 13.5% of all greenhouse gas emissions. Sulphur dioxide (“SO2”) emissions from ships calling in European ports amounted to approximately 1.63 million tonnes in 2019, a figure which is expected to fall further over the coming decades due to stricter environmental rules and measures.

     

    The report gives an overview of the challenges in maritime transport and examines the current situation of the maritime transport sustainability solutions that include alternative fuels, batteries, and onshore power supply. It also outlines future challenges posed by climate change for the industry, including the potential impact of rising sea level on ports.

     

     

     

    Call for proposals for transport programme

     

    On September 16, the European Climate, Environmental and Infrastructure Executive Agency (“CINEA”) launched a call for proposals under the Connecting Facility (“CEF”) for the transport programme. The CINEA makes available €7 billion for projects to improve the European transport infrastructure.

     

    The projects will allow the European Union to achieve the European Green Deal goal and to develop a sustainable transport modes and technologies.

     

    The fund will be divided in 3 ways:

    • EUR 5.175 billion will be used to finance infrastructures projects and Comprehensive Trans-European Transport Network (“TEN-T”), including railways, inland waterways, maritime and inland ports, road, rail-road terminals;
    • EUR 1.575mbillion will be used to finance a new alternative fuel infrastructure facility. The projects relating to electricity fast-charging and hydrogen refuelling infrastructures on TEN-T road networks will be prioritised for these funds;
    • EUR 330 million for the adaption of the TEN-T to civilian-defence dual-use.

    Member States and international organisation or public or private bodies can apply before the 19 January 2022.

     

     

     

    ESC recommendations CO2 financial mechanism at the external borders of the European Union

     

    The European Shippers’ Council published its position paper about its recommendation on Carbon Border Adjustment Mechanism (“CBAM”). ESC supports the EC to achieve the reduction target of 55 per cent in CO2 emissions by 2035. ESC suggests to the EC to monitor the carbon leakage and the competitive position of the European companies on the global market.

     

    ESC concerns and recommendations are the following:

    • potential shifts of production from inside to outside the EU;
    • importing with a diversion;
    • reduced export competition;
    • risk of non-compliance with WTO rules;
    • trade disputes and legal uncertainty;
    • CBAM revenues as resources for greening.

     

     

    Italy: obligation for drivers to have a COVID pass to access company premises

     

    As of October 15, Italy requires all companies to set a valid EU Digital COVID Certificate verification system for employees to access the company premises. The COVID Certificate applies to the transporters when loading and unloading goods which it is considered, by the Italian government, as being in the “company premises”.

     

     

     

    This article is for information purposes only and is not, and cannot be intended as, a professional opinion on the topics dealt with. For further information please contact Bernard O'Connor.