Yesterday late in the evening, the Council of the European Union adopted by majority the position on the Mobility Package. Eight countries voted against the regulations proposed in the current version of the document. Most of the Council supported the proposals of the Austrian Presidency, which are disadvantageous for enterprises from peripheral countries of the European Union.
Talks between the EU transport ministers took place yesterday for 15 hours. The result of these negotiations for Eastern European carriers is not satisfactory. Member countries have decided in which situations drivers will be subject to the provisions on the posting of workers.
The proposals submitted by the Austrian Presidency clearly hit the foundations of international transport companies not only in Poland, Lithuania, Bulgaria, Hungary, Romania and Latvia. There is no agreement on the division of international transport into the one covered by the posting and the one not covered by posting – we have clearly said that,” commented Polish Minister of Infrastructure, Andrzej Adamczyk.
It turned out, however, that the group of countries who voted against protectionist solutions is in the minority and included Belgium, Bulgaria, Croatia, Ireland, Lithuania, Latvia, Malta, Hungary and Poland. It came as a surprise that Spain and Portugal, which, as recalled by Minister Adamczyk, had almost convergent positions with Poland a few months ago, changed the front.
Political agreement just reached on #MobilityEU package at the #TTE Council. This is great news for truck drivers & road transport operators! A big thanks to Minister @norbertghofer & #eu2018at for their leadership. I’m now inviting @Europarl_EN to move ahead swiftly.
— Violeta Bulc (@Bulc_EU) December 3, 2018
The position of the EU Council is such that the driver is excluded from the provisions on posting if he carries out the transport from the country where the company’s headquarters is located to another country.
At the same time, on the way to the destination country, the driver will be able to perform one additional loading or unloading, which also will not be subject to the provisions on posting. Similarly, one loading and unloading can be carried out on the way back to the country where the company’s headquarters are located. Another option in the new regulations is the lack of additional loading or unloading on the way to the destination point and in return the possibility of making two loading or unloading on the way back.
All other operations, including cabotage, will be covered by provisions on posted workers. During cabotage, the current rule allowing up to three operations within 7 days was also maintained. However, the EU Council agreed that “to prevent systematic cabotage”, a freeze period of 5 days will be introduced before subsequent cabotage operations can be carried out in the same country and vehicle.
The above-mentioned proposals are obviously particularly unfavourable for carriers from Central and Eastern Europe. Many of them carry out cabotage.
Central European countries have managed to block the record regarding the return of drivers.
We have managed to take out from the draft regulations the proposal that would force drivers to return to the company’s headquarters after 4 weeks. This is another protectionist proposal that would cause a whole lot of unloaded vehicles to return to the country of origin. We effectively blocked it,” said the Polish Minister of Infrastructure.
According to the EU Council, carriers will have to organize drivers’ work schedules so that they can return home at least every four weeks or, if the driver decides to take two reduced weekly breaks, after three weeks of work. To ensure proper working conditions for drivers, regular weekly rest will have to take place outside the truck cab.
In order for these proposals to come into force, it is necessary that the European Parliament and the European Commission also adopt the current version of the Mobility Package.
Photo: Twitter/Andrzej Adamczyk
