The European Parliament’s draft report by Merja Kyllönen (GUE/NGL, Finland) on the posting of transport workers, published on 21 December 2017, is on the whole consistent with the Commission’s proposal for review of Directive 2006/22/EC, presented by that institution on 31 May last as part of the first “mobility” package (see EUROPE 11799).
In the coming months, the text will come under particular scrutiny given that the social provisions on the posting of transport workers are causing tension not only within the Council of the European Union (see EUROPE 11919) but also the European Parliament (see EUROPE 11811).
Nevertheless, the text submitted by Merja Kyllönen of Finland is quite indulgent of the European Commission proposals. In her report, Kyllönen describes the latter as a “coherent legal package” and, in particular, considers that the texts presented on 31 May last should “make significant improvements in order to create a more socially just EU internal market”.
The rapporteur hails the approach whereby a lex specialis would be applied to hauliers, and also suggests several amendments to the text. Kyllönen has not yet taken a stance on application of the posting provision after three days worked in a member state as part of an international transport operation, one of the most sensitive provisions of the text. She did, however, say she might make an “amendment” at a later date.
On the other hand, Kyllönen did set out very clearly in the report that the posting rules should apply throughout the period considered (i.e. as of the very first day) for an international transport operation lasting more than three days, for a cabotage operation or for the “road part” of combined transport. She suggested, however, that exceptions could be made for the transport of animals or material used for artistic or sporting events.
The rapporteur recommends, moreover, a number of specifications of a technical kind for controlling existing and future provisions as well as for bringing burden of proof concerning documents to be provided to the authorities on transport companies rather than on drivers. She said a balance must be struck regarding administrative procedures and inspections, so that these are “reasonable” and “effective”.
Furthermore, Kyllönen is hoping that the Commission will establish a harmonised payslip for those working in the transport sector and operating in several states of the Union.
Although she did not mention a compulsory deadline for introduction of the provision, the Finnish MEP did encourage generalised use of the smart tachograph not only for regulatory control but also for the exchange of information on potential infringements between the authorities of different member states. On this last point, she welcomes the Commission’s resolve to make cooperation more effective while hoping that information exchanges will be speedier when a member state cannot or does not want to comply with the request of another. (Original version in French by Lucas Tripoteau)