Concern is mounting among the road sector trade unions regarding possible outcomes the European Commission is outlining for this specific sector in the context of revised rules governing posted workers.
This tension was particularly palpable during a meeting with MEPs from the employment and social affairs committee (EMPL) at the European Parliament on Thursday 2 February. This meeting brought together several representatives from different sectors ranging from construction to road transport, around the co-rapporteurs Elisabeth Morin-Chartier (EPP, France) and Agnes Jongerius (S&D, Netherlands), on the question of the revision of the 1996 directive on posted workers.
One of the questions the participants tackled focused on the situation of the road sector. This subject is causing a lot of concern among member states, such as France (see EUROPE 11673). Currently, the Council of the EU is negotiating the targeted revision of the 1996 directive. This revision was proposed in March 2016 and in this context, the Commission made a commitment to presenting specific legislation on the road sector later on, “due to its highly mobile character” (see EUROPE 11507).
During this meeting, certain union representatives said that they were particularly concerned by the possible options being explored by the Commission for the road sector. The former was planning on proposing that once the 1996 directive is revised, its modalities will not apply to coach, bus and lorry drivers except on the basis of a certain number of days spent on the territory of the host country, despite the fact that these modalities will have to apply in all other sectors, as from the first day of application.
The options envisaged by the Commission would see professional road haulage drivers subject to the directive only from the fifth, seventh or ninth day. The unions argue that such an approach would worsen the “social dumping” already suffered in the road sector because the road drivers would have to work according to the working conditions and pay in the countries of origin during this period of time.
Cabotage. The Commission also seeks to reduce the number of days when cabotage is authorised in the member state. This will change from seven to four. At the same time, the Commission is examining the possibility of completely removing caps on the number of possible operations (this currently stands at three) to make them totally unrestricted. According to sector unions, such a measure would have more of an impact on internal road hauliers and the labour market of member states exposed to cabotage.
According to the unions, there is a risk that, for four days, a Bulgarian road driver can carry out unrestricted operations in Luxembourg on the basis of Bulgarian wages (€300 per month) while a Luxembourg road driver is paid around €3,150 per month, according to a November 2016 study of the National Road Committee, the French economic observatory of the road haulage market.
Smart Tachograph. The unions believe that an issue that is even more worrying involves the fact that the Commission only intends to make so-called smart tachographs compulsory for all heavy-duty vehicles in 2034. They believe that this period is too long. They believe that the smart tachograph linked up to a satellite system would be the only tool that could help to effectively tackle fraud because it provides the exact position of both of the vehicle and its driver. According to the unions, the smart tachograph should be compulsory for all heavy-duty vehicles as from 2021.
The unions are expected to meet MEPs from the transport and tourism committee (TRAN) at the European Parliament to look at the subject in February.
The clock is ticking. The Commission is likely to present several initiatives on 31 May, including an initiative to provide a framework for posted workers in the road sector. (Original version in French by Pascal Hansens)