Brussels, 16/06/2016 (Agence Europe) - On Thursday 16 June, the European Commission announced that it was opening infringement proceedings against France and sending a further warning letter to Germany over their minimum wage policies for transport.
While stating its support for a minimum wage on the grounds of social justice, the European Commission says this must not lead to a flouting of EU transport legislation, free circulation of services and goods, proportionality and the right of free establishment, as laid down in the EU treaties.
For France, after a preliminary exchange of information on the new regulatory measures (Law number 2015-990) that come into force on 1 July to apply the right of secondment to road goods transport (EU directives 96/71/EC and 2014/67/EU), the Commission decided to send the country a warning letter, which is expected to be followed by infringement proceedings. Internal Market and Industry Commissioner Elzbieta Bienkowska said this on a trip to Vilnius, according to Tribune de Genève newspaper.
Under the French law, minimum pay applies to cabotage and to all international transport, if only for transit. The law passed in April of this year lays down administrative requirements and strict implementation rules, including the requirement to have a representative in France whose job would include keeping documents on work times and payment slips for seconded workers for inspection purposes. These documents must be kept for 18 months following the period of secondment.
French secretary of state for transport Alain Vidalies reacted in a press release by stressing that France is only planning to ensure respect of application of EU law by ensuring an even playing field in the free supply of services. The French minister said that the first measure in the 2015-990 law highlighted by the Commission introduces the requirement to have a secondment certificate on board, which must be presented at inspections and which, he said, only aims to facilitate international operations by reducing the administrative burden. The seconded measures aims to remove unfair practices by some subcontractors and people commissioning transport in full respect of the secondment directive, he said.
For Germany, the European Commission is continuing the procedure it opened in May 2015 for a law that came into force in January 2015. Under the new German law, transport companies registered along Germany's borders are required to provide notification to the German customs authorities using special forms. Any infringement of these notification rules can bring down a fine of up to €30,000. If the amount of pay granted fails to comply with German law, the fine can reach €500,000 (see EUROPE 11317).
Forty MEPs send letter to Bulc. Forty or so MEPs at the European Parliament, led by Roberts Zile (ECR, Latvia) and Richard Sulik (ECR, Slovakia), have sent a letter to the transport commissioner, Violeta Bulc, with the aim of speeding up the two infringement proceedings and putting an end to French and German protectionist measures in the cabotage sector.
The two countries now have two months to respond to the Commission. (Original version by Pascal Hansens)