Luxembourg, 3 June 2021
Chair: Pedro Nuno Santos, Portuguese Minister for Infrastructure and Housing The meeting will start at 10.00.
Ministers will aim for a Council position (‘general approach’) on proposals on the European air traffic management reform called the Single European Sky.
The Council is also due to agree on a general approach on revised rules for the use of hired vehicles for the carriage of goods by road, and an amendment related to the recognition of third country certificates in inland navigation.
The Council will be invited to adopt conclusions on ‘Putting rail at the forefront of smart and sustainable mobility’.
It is also due to adopt conclusions on the Commission’s strategy for sustainable and smart mobility. Ministers will then have the opportunity to exchange views on the way forward on this strategy, including elements which are not part of the Council conclusions.
Under any other business, the presidency will brief ministers on the state of play of the proposal to revise EU road charging rules (Eurovignette directive). This will be followed by several other AOB items, including information from the Lithuanian delegation on the forced landing of a civilian aircraft, following the 23 May 2021 events. As the last item, the incoming Slovenian presidency will present its work programme for the second half of 2021.
Over lunch, ministers will discuss the impact of COVID-19 on transport operations.
Online press briefing ahead of the Council meeting: 1 June at 10.00
Press conference: at the end of the Council meeting, +/-18.00.
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Single European Sky
The Council will aim to reach an agreement on its position (‘general approach’) on the proposals to update the Single European Sky.
The Single European Sky (SES) initiative aims to improve the overall efficiency of the way in which European airspace is organised and managed through a reform of the industry that provides air navigation services.
The proposals under discussion are an amended proposal for the recast of the Single European Sky regulation (SES 2+) (10840/20) and a proposal for a regulation amending the European Union Aviation Safety Agency (EASA) basic regulation (10841/20). The Commission adopted these proposals in September 2020.
The Commission launched the SES initiative in 1999, and the last major legislative initiative within the SES framework, SES 2, was concluded in 2009.
The Commission adopted an initial recast proposal on the implementation of the Single European Sky, called SES 2+, in 2013 (11501/13). The Council agreed on a partial general approach in 2014, but discussions on SES 2+ were never concluded.
In December 2019, the Transport Council invited the Commission to reconsider its legislative proposal and to provide detailed information to justify new measures. The Council held a policy debate on issues related to the Commission’s proposal in its informal video conference in December 2020.
While the amended recast proposal includes the same objectives and principles as the original proposal, it specifically focuses on accelerating the adaptation of air navigation services in light of those principles and objectives. In particular, one amendment proposed in this context consists of establishing a permanent performance review body (PRB) function, to be entrusted to the European Union Aviation Safety Agency (EASA).
The Commission’s view is that the impact assessment drawn up in 2013 for the initial recast proposal is still valid, and it has complemented that impact assessment with a staff working document (11020/20).
While member states fully support the overall objectives of the SES, they have raised concerns about the complexity of and lack of justification or cost/benefit analysis for a number of new measures proposed by the Commission, in particular the establishment of the PRB, a common unit rate for charges and the mandatory modulation of charges at EU level. Delegations have also questioned the proportionality and effectiveness of some of the proposed amendments and their compliance with member states’ sovereign rights and responsibilities over their airspace.
The presidency compromise proposal (9162/21 + ADD1 + ADD2) aims to address the issues raised by member states, in line with three principles:
- reducing administrative burden and costs
- recognising the intrinsic link between air navigation services and citizens’ safety and security
- contributing to the reduction of aviation’s environmental impact
Under the presidency text, the PRB is not within the structures of EASA and is to retain its advisory role; it will not take on a regulatory role as suggested in the amended recast proposal. Given their knowledge of local circumstances, member states remain in charge of the performance planning process and the Commission will verify the consistency of the performance plans with EU-wide performance targets. The national supervisory authority, responsible for monitoring the performance of air navigation service providers, is required to be independent from those service providers, but can be part of the same administrative entity as the authority in charge of safety oversight functions. A provider of air navigation services within the EU must hold a unique certificate that covers requirements on financial liability and insurance, as well as safety. The procurement of certain air navigation services under market conditions is subject to the authorisation of the member state. Member states may modulate their charges, but a feasibility study is necessary before such a modulation can be implemented at EU level. The roles and tasks of the Network Manager are extended and clearly delineated.
Procedure: Before their final adoption, the texts will need to be approved by both the Council and the European Parliament. The Parliament will update its position on the amended recast proposal and adopt its position on the proposal amending the EASA basic regulation in June 2021.
Single European Sky (European Commission)
Clean and sustainable mobility for a climate neutral EU (background information)
Hired vehicles
The Council is due to agree on a general approach on a proposal to update the rules on hired vehicles.
The Commission’s proposal aims to establish a clear and uniform regulatory framework for the hired vehicles market. It also seeks to soften the restrictions on using hired vehicles in international transport, as hired vehicles tend to be newer, safer and less polluting. Broader possibilities for hiring vehicles would give transport operators more flexibility to carry out their transport activities in a more efficient way.
The proposal is part of the first mobility package presented in 2017 to promote clean, competitive and socially fair mobility. It is linked to the rules on access to the profession of road transport operator and access to the road haulage market, which entered into force in August 2020.
The current directive provides for a minimum level of market opening for the use of vehicles hired without drivers for the transport of goods by road between member states. However, it allows a member state to restrict the use of hired vehicles by undertakings established on its territory to vehicles registered in that member state. It also allows member states to prohibit the use of hired vehicles above six tonnes for own-account operations. In addition, an EU country may decide that undertakings established in another member state can only hire vehicles registered in that same member state for the purpose of traffic between the member states in question.
The presidency compromise proposal (8639/21) builds on the work carried out during several earlier presidencies. It addresses concerns expressed by delegations on the impact of the proposal on vehicle tax revenues and the need to have effective control measures, in particular to monitor cabotage activities.
The latest amendments introduced by the presidency relate in particular to member states’ right to limit the use of hired vehicles by undertakings established in its own territory, as well as the implementation of control tools and the transposition period for member states.
Procedure: The Council and the European Parliament must agree on the text before it can enter into force. The Parliament adopted its first-reading position in January 2019.
Recognition of professional qualifications in inland navigation
The Council is due to agree on a general approach on a proposed directive amending directive 2017/2397 as regards the transitional measures for the recognition of third countries’ certificates in inland navigation. The amendment will ensure continuity and legal certainty for individuals and economic operators in a sector which already has difficulty attracting qualified workers.
Directive 2017/2397 lays down the procedure and the conditions for the recognition of certificates, service record books or logbooks issued by the authorities of a third country.
From 17 January 2022, third country certificates will be recognised in the EU only once the Commission has adopted an implementing act granting recognition in the Union to documents issued by that country. As the procedure for recognition of third country documents is rather lengthy and might not be finalised on time, the Commission has proposed providing for an adequate period during which a member state may continue to recognise third country certificates which are currently recognised by that member state unilaterally or on the basis of an international agreement.
The presidency compromise proposal (8604/21) includes a small number of amendments to clarify the proposal or make it more flexible. In particular, it is proposed that member states may continue to recognise certificates issued by a third country before 18 January 2024 (instead of 18 January 2023 as proposed by the Commission), and the provisions on transposition have been clarified to avoid creating an additional administrative burden compared to the member states’ obligations under directive 2017/2397.
Procedure: The Commission presented the proposal (6209/21) in February 2021. For it to be adopted, the text will need to be approved by both the Council and the European Parliament. The Parliament has not yet adopted its first-reading position.
Putting rail at the forefront of smart and sustainable mobility
The Council will be called upon to approve conclusions on ‘Putting rail at the forefront of smart and sustainable mobility’ (draft conclusions: 8790/21).
Linked to the European Year of Rail (2021), the presidency organised an informal meeting of transport ministers, through videoconference, on 30 March 2021, dedicated entirely to rail. The aim of that meeting was to take stock of the various political and operational initiatives underway to improve rail transport services and achieve a real modal shift, as well as to reassess the role of rail transport in terms of its resilience during the pandemic and to respond effectively to the urgent need for de-carbonisation.
Based on the discussion during that meeting and on previous initiatives launched by transport ministers, the presidency suggested preparing Council conclusions on rail that would encompass the many aspects currently under discussion.
The draft conclusions are structured around the topics ‘modal shift’, ‘resilience’, ‘European passenger transport’, ‘European freight transport’, and ‘networks, investment and connectivity’.
Building the Single European Railway Area (background information)
Clean and sustainable mobility for a climate-neutral EU (background information)
Commission’s Sustainable and Smart Mobility Strategy – conclusions
The Council is due to approve conclusions on the Commission’s strategy for sustainable and smart mobility (draft conclusions: 8824/21).
The Commission presented the communication entitled ‘Sustainable and Smart Mobility Strategy – putting European transport on track for the future’ in December 2020 (14012/20). The communication aims to put the EU on the path to creating a sustainable, smart and resilient mobility system for the future and bringing about the fundamental changes needed to achieve the objectives of the European Green Deal.
Given the importance of the objectives of the strategy, the presidency organised a number of discussions at working-party level to gain insights into the different areas covered by it, and decided to develop Council conclusions on this topic.
In its conclusions, the Council welcomes the Commission’s strategy and subscribes to its ambitious vision for the sector in the medium term. At the same time, the conclusions clarify the Council’s views on how to make transport and mobility smarter, more sustainable and more resilient.
Clean and sustainable mobility for a climate neutral EU (background information) European Green Deal (background information)
Sustainable and smart mobility strategy – the way forward
Ministers will exchange views on the way forward on the Commission’s strategy for sustainable and smart mobility, in particular on elements that are not part of the Council conclusions (see the above section).
The presidency has prepared an information note (8695/21) which invites ministers to share their views on the following questions:
- What other or additional actions or measures deserve focus with a view to achieving the objective of a more sustainable, smarter and more resilient transport and mobility system?
- Given that achieving this policy objective is conditional on the availability of the appropriate volume of resources (including financial resources), how can it be best ensured that the necessary resources are geared towards the transition to a more sustainable, smarter and more resilient system?
Clean and sustainable mobility for a climate neutral EU (background information) European Green Deal (background information)
Any other business
Current legislative proposal
Directive amending directive 1999/62/EC on Eurovignette (road charging directive)
Information from the presidency on the state of play (8679/21)
Update on the electronic Passenger Locator Form (ePLF) project
Information from the Commission (9031/21)
C-ITS Roadshow event in Brno
Information from the Czech delegation (8820/21)
Presentation of the progress report on the Platform on International Rail Passenger Transport (IRP)
Information from the Dutch and Austrian delegations (8749/21)
Initiatives to prevent container loss by ships
Information from the Netherlands delegation, supported by the Danish delegation
Air connectivity and the recovery post-pandemic
Information from the Cyprus delegation, on behalf of Cyprus, Estonia, Greece, Hungary, Lithuania, Poland, Romania and Slovakia
Forced landing of a civilian aircraft
Information from the Lithuanian delegation, supported by Greece, Estonia and Latvia
Transition to zero-emission light-duty vehicles
Information from the Danish delegation, supported by the Greek, Irish, Luxembourg, Maltese, Netherlands and Austrian delegations (9006/21)
Achieving an interoperable electronic freight information exchange system in Europe Information from the Estonian delegation, supported by the Finnish, Hungarian, Latvian, Lithuanian, Polish and Romanian delegations (9004/21)
Work programme of the incoming presidency
Information from the Slovenian delegation
Source: Background brief – Transport, Telecommunications and Energy Council (Transport), 03/06/2021