On Monday 1 October, the land transport working party at the Council of the European Union made it possible for the Austrian Presidency to present the first orientations on the future compromises for the first mobility package. These orientations, however, were not extremely detailed.
These first orientations had been eagerly awaited in the different member states because the Council discussions had broken down under the Bulgarian Presidency during the first half of this year (see EUROPE 12036).
Although these first discussions were not suggesting any possibility of compromises or general approach being produced for December, it would appear that the climate of the discussions had been calm during this meeting.
It should be recalled that the two blocks of states have been pitted against each other since the presentation of the Commission proposals on 31 May 2017: the states from Western Europe, which support the harmonisation of social and market rules and those from central, eastern and peripheral Europe, which are in favour of a liberalisation of the sector (see EUROPE 11799).
The points affected by the negotiations involve posted transport workers, rest and driving times for lorry drivers, cabotage and the introduction of the smart second-generation tachograph.
These two last points appear to be the main priorities of the Austrian Presidency of the Council. According to the information we have received, the Presidency would like to install the second-generation smart tachograph on board lorries carrying out international transport operations by 2024, whereas the former Bulgarian Presidency of the Council called for 2028 (see EUROPE 11988). The question of the tachograph is crucial in perspective of ensuring respect of the rules.
Cabotage. The question of cabotage is also essential in these dossiers. Although the Commission initially wanted to make it possible for the number of operations to be unrestricted in the state that was not the state of establishment over a five day period following an international operation, the Austrian Presidency would like, in this connection, to maintain the current regulation, namely, three operations authorised over a seven day period. A two week waiting period would, nonetheless, be advocated before a new "right of cabotage” is granted.
With regard to taking a rest period in the cabin, it would appear that the Austrian Presidency would like to prohibit rest periods in the cabin in principle, but that this is authorised in exceptional circumstances in dedicated zones with appropriate facilities. It should also be pointed out that this point is traditionally a redline for the Western European states and which are calling for a total ban (see EUROPE 12020).
Posting. Finally, with regard to application of the posted workers system, it would appear that the approach adopted by the Presidency is not that initially sought by the Commission. There would therefore not be any question of applying postings from the fourth day of work undertaken per month in the same member state with retroactive application from the first day.
The Austrian Presidency would effectively like to exclude the application of the system during bilateral international operations. International transport operations of the state of establishment of the company to the state of destination would therefore not have the posting system apply. Two other international operations may have return journeys (in the knowledge that the member states concerned should be the same in the return journey operation) but without applying the posted workers system.
Cabotage will, however, apply to these rules.
The delegations now have to submit their first comments to the Presidency during the course of the next Council land transport working party sessions. The detailed compromises will arrive at a later date. (Original version in French by Lucas Tripoteau)