Fraunhofer comes to the conclusion that: "The new technologies can assist the 'Professionalization of logistics services'. In particular, 'Faster ticking clocks' require innovative applications that can mostly be realized only through new technologies to solve the resulting challenges. Moreover, as a result of the 'New service orientation', business models, which were previously unheard of, may appear, based on new technologies. Some of the 'New risks along the global supply chain' may even be mastered only with the help of new technologies" (Fraunhofer 2013).
Supply chain resilience
Description:
Supply chain resilience, in the context of safeguarding supply chain procedures, is about the minimisation of all possible external events which might hamper the supply chain somehow or other (e.g. terrorism, natural phenomena, failure of technology and physical infrastructure, human factor, etc.).
Legal basis:
Not applicable.
Relevance for the logistic market:
Supply chain resilience is directly linked to the improvement of logistics management, control and use of resources, and is expected to increase freight transport capacity, performance and reliability. It has become of crucial importance due to the increasing sensitivity of global supply chains.
3.2.5 Legal factors
Social regulation
Description:
This external factor is about the restrictions of working time in the road freight transport sector within the EU. It directly affects the freight transport and logistic sector by restricting the supply chain process temporally, but also ensures the reliability of the supply chain by improving road safety as well as the driver's safety and health.
Legal basis:
As of 23 March 2009, the rules of Regulation 561/2006/EC97 on the harmonisation of certain social legislation relating to road freight and passenger transport have laid down minimum common rules on drivers (all persons performing road transport activities) and determined the daily driving period, total weekly driving time, and the daily and weekly resting periods.
Relevance for the logistic market:
This regulation contains a number of definitions (i.e. ”working time” or “periods of availability”) which, in the context of the current discussion regarding the daily problems at the loading ramps, are of crucial importance as unforeseen waiting times at the loading ramps might be counted as working time which, in turn, reduces the driver’s flexibility.
Safety and security regulations
Description:
In the EU, heavy goods vehicles (HGV), buses and coaches have to be constructed and equipped in in such a way that they do not cause any harm, prejudice, interference or inconvenience;
Therefore, the EU defines the technical framework conditions of the minimum allowed maximum common weights and dimensions for the EU Member States for HGV by Directive 96/53/EC98 concerning border crossing transport. This directive ensures that no Member State can restrict the circulation of vehicles performing international transport operations within their territories that comply with these limits. However, each Member State is allowed to issue national deviating rules for national operations.
Legal basis:
Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic;
On 15 April 2014 the European Parliament decided to amend Directive 96/53/EC regarding the transportation of 45' containers for intermodal and especially for road transport by trucks (where length would only need to be extended by 15cm to avoid holding special permissions). This aspect can be seen as an answer to the future tendency towards expanded sizes of containers in, namely, short sea shipping to 48 or even 53 feet;
In addition, there are several other legislative acts with regards to safety and security, e.g.:
- The Proposal for a Regulation on enhancing the supply chain security (SEC(2006)25199) aims to enhance the supply chain security in order to provide greater protection for all European freight transport against terrorist attacks;
- Regulation (EC) No 68/2009100 adapts Regulation (EEC) No 3821/85101 on recording equipment in road transport, where the latter regulation fundamentally covers technical specifications for the construction, testing, installation and inspection of recording equipment in road transport;
- Regulation 68/2009/EC102 pays particular attention to the overall security of the system and its application to vehicles by determining technical specifications for installing recording equipment;
- Directive 2003/59/EC103 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers regulates the activity of driving vehicles which require a driving licence in the defined categories (C, C1 C+E, C1+E, D, D1, D+E,D1+E), to be subject to a compulsory initial qualification and compulsory periodic training;
- Regulation (EC) No 661/2009104 concerns type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units. It establishes requirements for the type-approval of motor vehicles, their trailers and systems, components and separate technical units with regard to safety; the type-approval of motor vehicles in respect of tyre pressure monitoring systems, fuel efficiency and CO2 emissions; and the type-approval of newly-manufactured tyres with regard to their safety, rolling resistance performance and rolling noise emissions;
- Directive 2009/40/EC105 determines that every motor vehicle, trailer and semi-trailer registered in a Member State shall undergo periodic roadworthiness tests;
- Directive 2002/85/EC106 amending Council Directive 92/6/EEC107 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community, determines that Member States shall take the necessary measures to ensure that HGV may be used on the road only if equipped with a speed limitation device set in such a way that their speed cannot exceed 100 kilometres per hour;
- Directive 2008/68/EC108 on the inland transport of dangerous goods by road, rail or inland waterway lays down specific safety requirements for the national and international transport of dangerous goods within their territory.
Relevance for the logistic market:
The introduction of weights and dimensions of HGV transport in Europe affects the logistic and freight transport sector by ensuring the free movement of goods throughout Europe. It also limits gross vehicle weights and vehicle dimensions, and thus the respective types of loads, which influences the number of transport processes;
In general, the adaptation of European safety and security legislation as quoted above affects the logistic and freight transport sector’s overhead costs, as these regulations and directions will cause additional expenses with regards to freight transport equipment and drivers/operators. In addition to that, the legislation supports a fair competition for international transports within the European transport industry. At the same time it is disadvantageous for service providers of European LSP and their competitive positions for services outside the EU.
Administrative procedures
Description:
The logistics industry needs to comply with regulatory requirements stemming from administrative considerations. The simplification and decentralisation of electronic exchanges of freight-related information, which is currently underdevelopment (COM (2005)609)109, can substantially reduce the cost of regulatory requirements, especially when using information and communication technologies.