The Directive (EU) 2020/1057 provides specific regulations on the posting of drivers in the road transport sector, administrative requirements, and control measures regarding the posting of these drivers.
It also amends Directive 2006/22/EC as regards specific requirements related to the enforcement of other social legislation in road transport.
The deadline for EU member states to transpose Directive (EU) 2020/1057 into their national legislation was 2 February 2022. The Commission thus opened infringement proceedings in March 2022 and sent reasoned opinions in September 2022 to those member states that failed to notify the Commission of their transposition by the deadline.
The EU regulations on posted drivers require hauliers to report the posting of drivers in a special interface for carriers connected to the IMI Internal Market Information System and to pay drivers at least the full minimum wage applicable in each member state while they are working there.
Last year, when the EC warned the countries about the legislative issues, the body also expressed concerns about administrative issues. According to the International Road Transport Union (IRU), most of the EU countries had still not transposed the EU provisions into national law by the time the EU regulations on posted drivers entered into force.
However, reading the European Commission’s statement, it appears that only the Netherlands and Portugal have remained in breach of the Directive.
The Commission has now proposed to impose financial sanctions and refer the cases to the Court.
The European Commission reminds the countries that the Directive (EU) 2020/1057 is „essential for ensuring fair remuneration for drivers, enforcing the rules correctly, and providing a clear legal framework for operators to conduct their business”.