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DRAFT REPORT (COM(2023)256 – C90178/2023 – 2023/0155(COD))

On the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods in the occasional passenger transport sector

TRAN-PR-752842

Committee on Transport and Tourism · Rapporteur: Henna Virkkunen

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This is the rapporteur's draft report on the Commission proposal to amend Regulation (EC) No 561/2006 on breaks and daily and weekly rest in occasional passenger transport. It adopts a first-reading position and tables amendments to make break and rest rules more flexible for this sector. The amendments allow drivers to split the obligatory break into two or three breaks of at least 15 minutes distributed freely over the driving period, and to postpone daily rest by one hour when driving has not exceeded 7 hours, on journeys of 4 days or longer. The rapporteur also supports allowing drivers to postpone weekly rest by up to 12 days on national journeys, as already applies to international journeys.

Committee position. The rapporteur welcomes the Commission proposal and proposes amendments to allow more flexible breaks and daily rest for occasional passenger services, while keeping the update limited in scope and supporting the alignment of weekly rest rules for national and international journeys.

Key points

  1. Parliament adopts its first-reading position on the Commission proposal to amend Regulation (EC) No 561/2006 on breaks and daily and weekly rest in occasional passenger transport.
  2. Drivers in occasional passenger services may split the obligatory break into two or three breaks of at least 15 minutes each, distributed freely over the driving period.
  3. Drivers may postpone the start of daily rest by a maximum of 1 hour when the day's driving has not exceeded 7 hours.
  4. The postponement applies only to journeys of 4 days or longer, and only for a single occasional passenger service with one journey form.
  5. The derogation may be used only twice during the journey.
  6. The option to postpone daily rest by at most 2 hours when driving has not exceeded 5 hours is deleted.
  7. The rapporteur supports allowing drivers to postpone weekly rest by up to 12 days (24-hour periods) on national journeys, as already applies to international journeys.
  8. The rapporteur says the update should remain limited in scope to occasional passenger services, with the same objectives of harmonising competition, improving working conditions and road safety.
  9. The rapporteur calls for attention to proper enforcement and control of existing rules in both freight and passenger transport.
  10. Parliament calls on the Commission to refer the matter to it again if it substantially amends its proposal.

Who is affected

  • Drivers in occasional road passenger transport, who gain flexibility in scheduling breaks and daily rest.
  • Occasional passenger transport operators, whose services must comply with the amended break and rest rules.
  • National and international occasional passenger services, which face different rules on postponing weekly rest.

Figures and deadlines

  • Breaks of at least 15 minutes each, into which the obligatory break may be split.
  • Maximum postponement of daily rest: 1 hour.
  • Driving time threshold for postponing daily rest: 7 hours.
  • Minimum journey duration for the daily rest derogation: 4 days.
  • Maximum use of the derogation: twice during the journey.
  • Deleted option: postponing daily rest by at most 2 hours when driving has not exceeded 5 hours.
  • Postponement of weekly rest by up to 12 days (24-hour periods) on national journeys.

Legal basis: Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union.