The Motor Vehicles (International Circulation) (Amendment) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order.)

This Order amends article 5 of the Motor Vehicles (International Circulation) Order 1975 (which exempts from excise duty certain vehicles brought temporarily into the United Kingdom) in consequence of the replacement of a number of the Council Regulations referred to in that article.

By virtue of article 1 of the Order, the amendments to the 1975 Order made by article 3 are brought into force on 14th May 2010. These include amendments made on an interim basis which are replaced by the more comprehensive amendments made by article 4 on 4th December 2011 when Regulations 1072/2009 and 1073/2009 referred to below come fully into force.

Article 3 of the Order amends article 5(2)(b) and (9) by substituting a reference to the Directive of the European Parliament and of the Council on the establishment of common rules for certain types of carriage of goods by road for the reference to the First Council Directive on that subject. It also amends article 5(9) by substituting -

a) a new definition of “the Council Regulation on goods transport cabotage” which reflects the coming into force on 14th May 2010 of articles 8 and 9 of Regulation 1072/2009 of the European Parliament and of the Council on common rules for access to the international road haulage market, which also concern goods transport cabotage; and

b) a new definition of “the Council Regulation on passenger transport cabotage” which refers to Council Regulation (EC) No. 12/98, the Community instrument currently regulating that activity.

Under article 4(2), article 5(2)(b) of the 1975 Order (exemptions from the payment of vehicle excise duty) is amended by substituting references to Regulation 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services and amending Regulation (EC) No. 561/2006 and to Regulation 1072 / 2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market for the references to the following instruments:

Council Regulation (EEC) 684/92 of 16th March 1992 on common rules for the international carriage of passengers (O.J. L74, 20.3.92, p.1);

Council Regulation (EEC) 881/92 of 26th March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing through the territory of one or more Member States (O.J. L95, 9.4.92, p.1);

Council Regulation (EC) No 12/98 of 11th December 1997 laying down conditions under which non-resident carriers may operate national road passenger transport services within a Member State (O.J. L004,, 8.1.98, p.10); and .

Council Regulation (EEC) No 3118/93 of 25th October 1993 laying down conditions under which non-resident carriers may operate national road haulage services within a Member State (O.J. L279, 12.11.93, p.1) as it has effect in accordance with Council Regulation (EC) No 3315/94 of 22nd December 1994 (O.J. L350, 31.12.94, p. 9).

Article 4(3) of the Order further amends article 5 (9) of the 1975 Order (definitions) to substitute definitions of the two 2009 Regulations for the definitions of the Regulations they replace.

An impact assessment of the effect this instrument will have on the costs of the private or voluntary sectors has not been produced as no significant impact is foreseen. However, a full impact assessment of the effect of the adoption of Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services and amending Regulation (EC) No 561/2006 and Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market has been produced and copies are available on the website of the Department for Transport at www.dft.gov.uk and from the Department for Transport, Freight and Logistics Division, 76 Marsham Street, London SW1P 4DR.