The Austrian Presidency's formalised draft compromises on the social and market aspects of the first ‘mobility’ package, which were sent to the member states on Monday 8 October, and of which EUROPE had a copy, confirm the guidelines presented by the Council's Land Transport Working Group on 4 October (see EUROPE 12107).
These discussions follow the European Commission's proposals of 31 May 2017. After much discussion, member states failed to reach a general approach at the June Transport Council meeting.
These cases reveal strong divisions between Western European states, in favour of harmonising social and market rules, and Central, Eastern and Peripheral European States, in favour of a liberalisation of rules.
Secondment. The text on the secondment of lorry drivers maintains the approach envisaged in the above-mentioned guidelines.
The aim would be to exclude the application of the rules on secondment to bilateral international carriage between the state of establishment of the company employing the driver and another member state. One or two other international operation(s) could also take place on the outward and return journey (the member states concerned must be the same on the outward and return journey) without the secondment rules applying.
Similarly, the secondment rules would not apply in the case of transit, but would apply in the context of cabotage operations.
Cabotage. The issue of cabotage is extremely sensitive in these negotiations. The Commission initially proposed to make it possible to carry out an unlimited number of operations in a state other than that in which the company is established over a period of five days after an international transport operation.
Vienna suggests that the current regulation, i.e. three transactions authorised over a period of seven days, should be retained. A cooling-off period of 14 days is nevertheless suggested before a new 'cabotage right' is granted.
Driving and resting time. The problem of rest in the cabin is also particularly divisive between states.
Vienna proposes to prohibit in principle regular weekly rest (45 hours or more) on board the lorry, unlike reduced weekly rest (24 hours) or daily rest, but to allow it in dedicated areas with adequate facilities (sanitary, safety, etc).
However, during a three-year transition period, this regular rest could be taken in the lorry, without appropriate parking areas, as long as the cab meets a number of minimum criteria.
Vienna also wishes to allow companies to ask lorry drivers to take two regular weekly rest periods (45 hours) and two reduced rest periods (24 hours) over a four-week period, thus opening the way to three weeks of driving with two reduced rest periods.
The driver should return once a month "to the employer's operational centre" in the state of establishment of the company or the state where the driver is used to working to take at least 45 hours' rest.
Tachograph. As for the tachograph, the cornerstone of this package of proposals, Vienna wants the second generation intelligent tachograph to be installed on trucks operating in the territory of a member state other than that in which the company is established by 2024. However, new vehicles should be equipped with them in June 2022.
Discussions. National experts will discuss these compromises in a working group on Thursday 11 October. The divisions are still expected to be very persistent and the new proposal on secondment may also lead to differences between the Central, Eastern and Peripheral European states.
European Parliament. While the MEPs gathered in plenary session rejected the draft reports in July, everything needs to be redone on the side of the European Parliament.
While it seems that it was suggested at the coordinators' meeting on Monday 8 October that new texts could be submitted directly to plenary session, Karima Delli (Greens/EFA, France), the chairwoman of the European Parliament's transport committee, said on Tuesday 9 October that the three rapporteurs had been asked to represent their draft reports in parliamentary committee. (Original version in French by Lucas Tripoteau)