During a debate at the Council’s transport group on Tuesday 5 December in Brussels, European Union Transport Ministers once again appeared very divided on the social questions contained within the first “mobility” package.
Although the debate was also supposed to focus on questions of access to the road haulier profession in the Union, it was mainly the social aspects in this first “mobility” package presented by the European Commission on 31 May last (see EUROPE 11799) that were at the heart of these discussions. Overall, ministers stuck to the positions they expressed during the Transport Council meeting on 8 June in Luxembourg (see EUROPE 11804).
All the speakers at the debate were first of all keen to express thanks to the Estonian Presidency of the Council for the progress report published on 23 November last (see EUROPE 11916), in which it highlighted the progress made in the work at the Council workgroups.
On one side, members of the Road Alliance (Germany, Austria, Belgium, Denmark, France, Italy, Luxembourg, Norway, Sweden and Switzerland) form a relatively homogenous bloc as opposed to the peripheral European states and those in Central and Eastern Europe, whose positions are more heterogeneous.
Different positions on posting. On the question of applying the system for posted workers as part of international transport operations, ministers took note of the Council social affairs group vote on 23 October in favour of a lex specialis (see EUROPE 11889).
It was, however, mainly on the question of the number of days spent in another member state where differences arose. Although the Commission proposed that the posted workers system applies to worker as from the first three days worked per month in another country, some countries like Ireland, Hungary and Poland appealed for a 10-day threshold. Austria, on the other hand, called for the application of this regime as from the very first day.
Despite Western European member states being in favour of the Commission proposal to count a day worked as from six hours of working, Poland and Hungary would like a day’s work to be counted as from 24 hours spent on the territory of another member state.
Opposing ideas on cabotage. The European Commission proposal for governing the issue of cabotage has also created a high degree of tension since the presentation of the first “mobility” package by the Commission and Western European member states see it as a symbol of social dumping. On the question of counting days, the Commission is proposing to authorise cabotage operations in an unlimited way for a duration of five days (as opposed to 3 out of 7 days which is currently the case). Belgium, France and Denmark believe that this kind of transport must remain both temporary and ancillary.
Romania and Malta are concerned by what they consider as a restriction and Hungary would like a seven-day limit.
Differences were also expressed on a possible waiting time period between two periods of cabotage, which is very much wanted by the countries of the Road Alliance.
Possible rapprochement in positions regarding question of control. One of the key points in this package, in addition to the fundamental rules, involves controls for respecting the rules proposed above. Countries from the Road Alliance are therefore strongly opposed to the European Commission proposal concerning the intelligent tachograph, which could be made compulsory for the entire European vehicle fleet as from 2034. According to one diplomatic source, these countries would effectively like this date to be set for 2023 or 2024.
Although the question of the deadline is still proving difficult, this same source asserted that countries in the Road Alliance could convince certain countries, such as Spain and Portugal, to speed up the digitalisation of controls in an effort to cut down bureaucracy.
Ban on in-cabin rest times. The final stumbling block between the different member states involves the taking rest times and does not appear to be close to any solution over the next two weeks. The European Commission is therefore proposing to ban weekly rest time being spent in the lorry, as opposed to reduced rests time, which could be taken on two consecutive occasions. The countries from the Road Alliance, however, as well as those on Europe’s periphery and in Central and Eastern Europe would like a total ban on rest time taken in the cabin.
Although the Commission is suggesting making it obligatory for a haulier to return to their place of residence once every three weeks, some countries, such as Croatia, are calling for greater flexibility.
Despite the still significant differences between the member states, as highlighted by the Commissioner for Transport, Violeta Bulc, the diplomatic source mentioned above is still optimistic about possible compromises on the social questions. The work has also progressed well on the question of access to the road haulier profession involving light vehicles and the rules on posting and cabotage. Nonetheless, it does appear difficult that all these compromises will be reached before the end of the Bulgarian Presidency of the Council at the beginning of summer 2018. (Original version in French by Lucas Tripoteau)