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The CNMC requires to Promotion prior to the challenge of the ROTT

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CNMC, remite, requerimiento, Fomento, previo, impugnación, ROOT,

Writing.- The CNMC considers it unnecessary and disproportionate the requirement of a maximum age of 5 months to the vehicles for those who access for the first time to the transport sector. Fenadismer insists that the requirement of a maximum age for both the access as well as for the renewal of the fleet is already operating in the sector contributes to the improvement of the environment and road safety.

As you may recall, last March the National Commission of Markets and Competition (CNMC) issued a Report in relation to the new Regulation of Land Transport Planning approved by the Government last February, considering “unnecessary “and ” disproportionate” to the requirement of a maximum age of five months to obtain the authorization of transportation for those seeking access for the first time in the sector, which would in its judgment a clear violation of the Law of Guarantee of Market Unity.

In this sense, and according to the information to which it has had access to Fenadismer, the CNMC has to be bent forward a request to the Ministry of public works prior to the filing of the special appeal provided for in the legislation of a contentious-administrative, what would be the challenge for this regulatory agency of the new ROTT.

In any case, it should be remembered that this is not the first time that the National Competition Commission challenged the Spanish legislation regulating the regime of access to the activity of transport of goods by road, as part of its policy ultraliberalizadora, because in April of 2.016 challenged two regulations of the Ministry of Development before the National court for similar reasons, in which Fenadismer was able to intervene in defence of the legitimate interests of the transport companies in spain and for the necessary management of the sector, and which are still pending judicial resolution.

In front of the position held by the CNMC, Fenadismer considers that such a requirement conforms to the legislation in force, as he had the chance to analyze the Court of Justice of the European Union in its judgment of February 2.018 contrary to the requirement before the required fleet minimum for access to the transport of goods by road, without raising any objection to the issue of the maximum age of the vehicles.

In this sense, it should be borne in mind that the average age of the current fleet of Spanish road transport sheds a few data of very high concern as a result of the economic crisis suffered by our country in 2008, which has resulted in that today the average age almost doubles the existing in 2007, in particular 13 years for rigid vehicles, 7.5 years for tractors and 9 years in the case of light-duty vehicles.

Therefore, Fenadismer considers it essential to maintain this requirement, since the requirement collection in the new ROTT of a maximum age both to those entering for the first time as the obligation to rejuvenate your vehicles that are already operating in the sector and seeking to renew or expand its fleet, it influences in a very positive way both in the reduction and improvement of the indexes of road casualties that supports our industry, fortunately very positive in recent years, according to data from the DGT, as well as for the contribution to the environmental improvement of our environment in terms of emissions reduction, principles, both of which pursued european policies in the matter.

So a supposed elimination of the age requirement as called for by the CNMC, would clash head on with the policies from the European Commission are promoting and pushing the Spanish Government to introduce administrative measures of various kinds aimed at the environmental improvement, so that would be contradictory when to one of the key sectors in environmental policy is to adopt rules tending to contravene these objectives.

(Archive photo)

https://diariodetransporte.com/2019/06/la-cnmc-requiere-a-fomento-previo-a-la-impugnacion-del-rott/

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