The Bulgarian Presidency of the Council of the European Union’s progress report on the discussions on the revision of directive 92/106/EC and the most recent compromise on this text dated Friday 18 May, is still not proposing a return to article 4 as included in the current text, which stipulates that a lorry driver is exempt from cabotage rules during international combined transport operations between member states.
This is one of the major political points in this text, which is included in the 2nd “mobility” package proposed by the European Commission last November (see EUROPE 11900). The Commission had not planned on any changes to this point but several national delegations, particularly those from western Europe and Scandinavia, were concerned by a total liberalisation of cabotage and unfair competition from other member states. These delegations are therefore linking these negotiations to the social aspects in the 1st “mobility” package, which proved very difficult (see EUROPE 12020).
Nonetheless, on the basis of the draft compromise of 13 April outlined in our publication (see EUROPE 12004), the Bulgarian Presidency of the Council is taking care, in the recitals of the principle, to explain that this exemption only applies to combined international transport operations and not those at a national level. This question is, nonetheless, still pending.
At a technical level, this compromise text, on the basis of the last ones, is proposing to maintain an authorised maximum threshold in road transport for combined transport operations, namely 150 km and therefore remove the 20% alternative proposed by the Commission. The Bulgarian Presidency of the Council is, nevertheless, proposing to make it possible to exceed this 150 km threshold when travelling to the nearest transshipment terminal. In these cases, the lorry driver would have to provide reasons for exceeding this 150 km threshold on the road.
Although the Bulgarian Presidency considers that a combined transport operation between a third country and the Union should apply to the revised provisions, the non-road part crossing a Union border should be at a minimum of 100 km. Also, in response to the concerns expressed by certain delegations and outlined in our previous analysis, the text stipulates that the member states do not have to apply the support measures to combined transport operations on their territory if the road transit in their territory is only part of an operation between a third country and a country from the Union.
Although the Bulgarian Presidency is retaining its proposal not to make investments into transshipment terminals compulsory by the member states, in an effort to respond to the objectives in the directive, certain delegations have concerns that with regard to this point, the text could be watered down.
This progress report will be submitted to the Transport Council in Luxembourg on 7 June. The future Austrian Presidency of the Council will then be in charge of pursuing the work to obtain a ministerial agreement. (Original version in French by Lucas Tripoteau)