The Polish government is preparing a complaint to the Court of Justice of the European Union if the EU adopts the provisions of the Mobility Package. The provisions would eliminate Polish transport companies from the Community market.
Andrzej Adamczyk, Polish Minister of Infrastructure informed about the readiness to file a complaint against the provisions of the Mobility Package at yesterday’s session of the Infrastructure Committee. Adamczyk informed members of the Polish Parliament of the of the course of activities related to negotiations regarding EU regulations regarding the transport industry. Last week, the Transport and Tourism Committee of the European Parliament adopted a report unfavourable for Poland of the European MEP Ismail Ertug, whose proposals may lead to the pushing out of Polish carriers from the EU market.
During the meeting, the MPs criticized the Minister of Infrastructure, blaming him for the fact that the EU Council adopted a position unfavourable for Poland. The failure to secure Polish interests is the result of the too stiff position of the Polish government during the negotiations.
The Minister defended himself by saying that the Polish position could not be different both in the matter of the provisions on the posting of some international transport, as well as in the mandatory periods of freezing cabotage, and the possibility of drivers to take a week’s rest in the cabin of the vehicle.
– lex specialis, i.e. detailed regulations on professional drivers in the EU regarding posting. The general rules included in the Directive on Posting have already been established and will enter into force in 2020. However, they do not concern truckers, because due to the specificity of their work, MEPs are currently working on rules that will apply to transport, i.e. Mobility Package.
These works are prolonged and it is not known whether they will be completed at the beginning of next year. Currently, only the position of the EU Council on the Mobility Package is known. It was strongly criticized by some ministers, who described it as „protectionist”. The draft regulations, which the EU Council supported, include:
– the obligation to have second generation digital tachographs,
– limitation of systematic cabotage,
– the need for drivers to return home at least every four weeks,
– and the ban on spending a regular week’s rest in the cabin of the vehicle.
Now the common position must be worked out by the European Parliament, which will not be easy, mainly due to the reluctance of some Western Members to cooperate.
The format of the Mobility Package discussed in the EP consists of three reports on:
– driving time and rest period.
If the EP works out a common position, then it is only within the Trilogue, that is cooperation with the EU Council and the European Commission, that the final shape of the regulations can be determined.