TITLE I: TRANSPORT OF GOODS BY ROAD
Article ROAD.1: Objective
1. The objective of this Title is to ensure, as regards the transport of goods by road, continued connectivity between, through and within the territories of the Parties and to lay down the rules which are applicable to such transport.
2. The Parties agree not to take discriminatory measures when applying this Title.
3. Nothing in this Title shall affect the transport of goods by road within the territory of one of the Parties by a road haulage operator established in that territory.
Article ROAD.2: Scope
1. This Title applies to the transport of goods by road with a commercial purpose between, through and within the territories of the Parties and is without prejudice to the application of the rules established by the European Conference of Ministers of Transport.
2. Any transport of goods by road for which no direct or indirect remuneration is received and which does not directly or indirectly generate any income for the driver of the vehicle or for others, and which is not linked to professional activity shall be considered as the transport of goods for a non- commercial purpose.
Article ROAD.3: Definitions
For the purposes of this Title and in addition to the definitions set out in Article [SERVIN 1.2] [Definitions] of Chapter one of Title II of Heading one of Part Two [Services and Investment], the following definitions apply:
(a) “vehicle” means a motor vehicle registered in the territory of a Party, or a coupled combination of vehicles of which the motor vehicle is registered in the territory of a Party, and which is used exclusively for the transport of goods;
(b) “road haulage operator” means any natural or legal person engaged in the transport of goods with a commercial purpose, by means of a vehicle;
(c) “road haulage operator of a Party” means a road haulage operator which is a legal person established in the territory of a Party or a natural person of a Party;
(d) “party of establishment” means the Party in which a road haulage operator is established;
(e) “driver” means any person who drives a vehicle even for a short period, or who is carried in a vehicle as part of his duties to be available for driving if necessary;
(f) “transit” means the movement of vehicles across the territory of a Party without loading or unloading of goods;
(g) “regulatory measures” means:
(i) for the Union:
(A) regulations and directives, as provided for in Article 288 of the Treaty on the Functioning of the European Union (TFEU); and
(B) implementing and delegated acts, as provided for in Article 290 and 291 TFEU, respectively; and
(ii) for the United Kingdom:
(A) primary legislation; and
(B) secondary legislation.
Article ROAD.4 Transport of goods between, through and within the territories of the Parties
1. Provided that the conditions in paragraph 2 are fulfilled, road haulage operators of a Party may undertake:
(a) laden journeys with a vehicle, from the territory of the Party of establishment to the territory of the other Party, and vice versa, with or without transit through the territory of a third country;
(b) laden journeys with a vehicle from the territory of the Party of establishment to the territory of the same Party with transit through the territory of the other Party;
(c) laden journeys with a vehicle to or from the territory of the Party of establishment with transit through the territory of the other Party;
(d) unladen journeys with a vehicle in conjunction with the journeys referred to in points (a) to (c).
2. Road haulage operators of a Party may only undertake a journey referred to in paragraph 1 if:
(a) they hold a valid licence issued in accordance with Article ROAD.5 [Requirements for operators], except in the cases referred to in Article ROAD.6 [Exemptions from licensing requirements]; and
(b) the journey is carried out by drivers who hold a Certificate of Professional Competence in accordance with Article ROAD.7(1) [Requirements for drivers].
3. Subject to paragraph 6, and provided that the conditions in paragraph 2 are fulfilled, road haulage operators of the United Kingdom may undertake up to two laden journeys from one Member State to another Member State, without returning to the territory of the United Kingdom, provided that such journeys follow a journey from the territory of the United Kingdom permitted under point
(a) of paragraph 1.
4. Without prejudice to paragraph 5, subject to paragraph 6 and provided that the conditions in paragraph 2 are fulfilled, road haulage operators of the United Kingdom may undertake one laden journey within the territory of a Member State provided that operation:
(a) follows a journey from the territory of the United Kingdom permitted under point (a) of paragraph 1; and
(b) is performed within seven days of the unloading in the territory of that Member State of goods carried on the journey referred to in point (a).
5. Subject to paragraph 6 and provided that the conditions in paragraph 2 are fulfilled, road haulage operators of the United Kingdom established in Northern Ireland may undertake up to two laden journeys within the territory of Ireland provided that such operations:
(a) follow a journey from the territory of the Northern Ireland permitted under point (a) of paragraph 1; and
(b) are performed within seven days of the unloading in the territory of Ireland of goods carried on the journey referred to in point (a).
6. Road haulage operators of the United Kingdom shall be limited to a maximum of two journeys within the territory of the Union under paragraphs 3, 4 and 5 before returning to the territory of the United Kingdom.
7. Provided that the conditions in paragraph 2 are fulfilled, road haulage operators of the Union may undertake up to two laden journeys within the territory of the United Kingdom provided that such operations:
(a) follow a journey from the territory of the Union permitted under point (a) of paragraph 1; and
(b) are performed within seven days of the unloading in the territory of the United Kingdom of the goods carried on the journey referred to in point (a).
Article ROAD.5: Requirements for operators
1. Road haulage operators of a Party undertaking a journey referred to in Article ROAD.4 [Transport of goods between, through and within the territories of the Parties] shall hold a valid licence issued in accordance with paragraph 2 of this Article.
2. Licences shall only be issued, in accordance with the law of the Parties, to road haulage operators who comply with the requirements set out in Section 1 of Part A of Annex ROAD-1 governing the admission to, and the pursuit of, the occupation of road haulage operator.
3. A certified true copy of the licence shall be kept on board the vehicle and shall be presented at the request of any inspecting officers authorised by each Party. The licence and the certified true copies shall correspond to one or either of the models set out in Appendix ROAD.A.1.3 of Part A to Annex ROAD-1, which also lays down the conditions governing its use. The licence shall contain at least two of the security features listed in Appendix ROAD.A.1.4 to Part A of Annex ROAD-1.
4. Road haulage operators shall comply with the requirements set out in Section 2 of Part A of Annex ROAD-1 laying down requirements for the posting of drivers when undertaking a journey referred to in Article ROAD.4(3)-(7) [Transport of goods between, through and within the territories of the Parties].
Article ROAD.6: Exemptions from licencing requirement
The following types of transport of goods and unladen journeys made in conjunction with such transport may be conducted without a valid licence as referred to in Article 5 [Requirements for operators]:
(a) transport of mail as a universal service;
(b) transport of vehicles which have suffered damage or breakdown;
(c) until 20 February 2022, transport of goods in motor vehicles the permissible laden mass of which, including that of trailers, does not exceed 3.5 tonnes;
(d) from 21 February 2022, transport of goods in motor vehicles the permissible laden mass of which, including that of trailers, does not exceed 2.5 tonnes;
(e) transport of medicinal products, appliances, equipment and other articles required for medical care in emergency relief, in particular for natural disasters and humanitarian assistance;
(f) transport of goods in vehicles provided that the following conditions are fulfilled:
(i) the goods carried are the property of the road haulage operator or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the operator;
(ii) the purpose of the journey is to carry the goods to or from the road haulage operator’s premises or to move them, either inside or outside the operator for its own requirements;
(iii) the vehicles used for such transport are driven by personnel employed by, or put at the disposal of, the road haulage operator under a contractual obligation;
(iv) the vehicles carrying the goods are owned by the road haulage operator, have been bought by it on deferred terms or have been hired; and
(v) such transport is no more than ancillary to the overall activities of the road haulage operator;
(g) transport of goods by means of motor vehicles with a maximum authorised speed not exceeding 40 km/h.
Article ROAD.7: Requirements for drivers
1 Drivers of the vehicles undertaking journeys as referred to in Article ROAD.4 [Transport of goods between, through and within the territories of the Parties] shall:
(a) hold a Certificate of Professional Competence issued in accordance with Section 1 of Part B of Annex ROAD- 1; and
(b) comply with the rules on driving and working time, rest periods, breaks and the use of tachographs in accordance with Sections 2 to 4 of Part B of Annex ROAD-1.
2. The European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR) done in Geneva on 1 July 1970 shall apply, instead of point (b) of paragraph 1, to international road transport operations undertaken in part outside the territory of the Parties, for the whole journey.
Article ROAD.8: Requirements for vehicles
1. A Party shall not reject or prohibit the use in its territory of a vehicle undertaking a journey referred to in Article ROAD.4 [Transport of goods between, through and within the territories of the Parties] if the vehicle complies with the requirements set out in Section 1 of Part C of Annex ROAD-1.
2. Vehicles undertaking the journeys referred to in Article ROAD.4 [Transport of goods between, through and within the territories of the Parties] shall be equipped with a tachograph constructed, installed, used, tested and controlled in accordance with Section 2 of Part C of Annex ROAD-1.
Article ROAD.9: Road traffic rules
Drivers of vehicles undertaking the transport of goods under this Title shall, when in the territory of the other Party, comply with the national laws and regulations in force in that territory concerning road traffic.
Article ROAD.10: Development of laws and Specialised Committee on Road Transport
1. When a Party proposes a new regulatory measure in an area covered by Annex ROAD-1, it shall:
(a) notify the other Party of the proposed regulatory measure as soon as possible; and
(b) keep the other Party informed of progress of the regulatory measure.
2. At the request of one of the Parties, an exchange of views shall take place within the Specialised Committee on Road Transport no later than two months after the submission of the request, as to whether the proposed new regulatory measure would apply to journeys referred to in Article ROAD.4 [Transport of goods between, through and within the territories of the Parties], or not.
3. When a Party adopts a new regulatory measure referred to in paragraph 1, it shall notify the other Party, and supply the text of the new regulatory measure within one week of its publication.
4. The Specialised Committee on Road Transport shall meet to discuss any new regulatory measure adopted, on request by either Party within two months of the submission of the request, whether or not a notification has taken place in accordance with paragraph 1 or 3, or a discussion has taken place in accordance with paragraph 2.
5. The Specialised Committee on Road Transport may:
(a) amend Annex ROAD-1 to take account of regulatory and/or technological developments, or to ensure the satisfactory implementation of this Title;
(b) confirm that the amendments made by the new regulatory measure conform to Annex ROAD- 1; or
(c) decide on any other measure aimed at safeguarding the proper functioning of this Title.
Article ROAD.11: Remedial measures
1 If a Party considers that the other Party has adopted a new regulatory measure that does not comply with the requirements of Annex ROAD-1, in particular in cases where the Specialised Committee on Road Transport has not reached a decision under Article 10(5) [Development of laws and Specialised Committee on Road Transport], and the other Party nevertheless applies the provisions of the new regulatory measure to the Party’s road transport operators, drivers or vehicles, the Party may, after notifying the other Party, adopt appropriate remedial measures, including the suspension of obligations under this Agreement or any supplementing Agreement, provided that such measures:
(a) do not exceed the level equivalent to the nullification or impairment caused by the new regulatory measure adopted by the other Party that does not comply with the requirements of Annex ROAD-1; and
(b) take effect at the earliest 7 days after the Party which intends to take such measures has given the other Party notice under this paragraph.
2. The appropriate remedial measures shall cease to apply:
(a) when the Party having taken such measures is satisfied that the other Party is complying with its obligations under this Title; or
(b) in compliance with a ruling of the arbitration tribunal.
3. A Party shall not invoke the WTO Agreement or any other international agreement to preclude the other Party from suspending obligations under this Article.
Article ROAD.12: Taxation
1. Vehicles used for the carriage of goods in accordance with this Title shall be exempt from the taxes and charges levied on the possession or circulation of vehicles in the territory of the other Party.
2. The exemption referred to in paragraph 1 shall not apply to:
(a) a tax or charge on fuel consumption;
(b) a charge for using a road or network of roads; or
(c) a charge for using particular bridges, tunnels or ferries.
3. The fuel contained in the standard tanks of the vehicles and of special containers, admitted temporarily, which is used directly for the purpose of propulsion and, where appropriate, for the operation, during transport, of refrigeration systems and other systems, as well as lubricants present in the motor vehicles and required for their normal operation during the journey, shall be free of custom duties and any other taxes and levies, such as VAT and excise duties, and shall not be subject to any import restrictions.
4. The spare parts imported for repairing a vehicle on the territory of one Party that has been registered or put into circulation in the other Party, shall be admitted under cover of a temporary duty-free admission and without prohibition or restriction of importation. The replaced parts are subject to customs duties and other taxes (VAT) and shall be re-exported or destroyed under the control of the customs authorities of the other Party.
Article ROAD.13: Obligations in other Titles
Articles SERVIN 3.2 [Market access] and SERVIN 3.4 [National treatment] of Chapter three of Title II of Heading one of Part two are incorporated into and made part of this Title and apply to the treatment of road haulage operators undertaking journeys in accordance with Article ROAD.4 [Transport of goods between, through and within the territories of the Parties].
Article ROAD.14: Termination of this Title
5. Without prejudice to Article FINPROV.8 [Termination], Article OTH.10 [Termination of Part Two] and Article FISH.17 [Termination], each Party may at any moment terminate this Title, by written notification through diplomatic channels. In that event, this Title shall cease to be in force on the first day of the ninth month following the date of notification.