The second draft compromises of the Austrian Presidency of the Council of the EU relating to the market and social aspects of the first “mobility” package – which was forwarded to member states on Thursday 18 October and of which EUROPE has a copy – propose only minor changes to the first detailed texts of 8 October, earlier reported on in our bulletin (see EUROPE 12113).
They are therefore part of a continuing process in line with guidelines presented to the national delegations in the Council’s “land transport” working group early October (see EUROPE 12107).
It would seem that discussions are gathering pace in Council, nearly one and a half years after the proposals put forward by the European Commission (see EUROPE 11799). While negotiations had stalled during the last half year under the Bulgarian presidency of the Council (see EUROPE 12036), the presentation of two versions of the compromises by Vienna in ten days appears to show its resolve to take the issue forward.
Posting of workers. When it comes to the posting of hauliers, one of the representative issues in this package of proposals, Vienna is still proposing to rule out application of posting rules to bilateral international operations between the state where the business is set up and which employs the haulier, and another member state.
Two partial unloading or additional loadings could take place in different member states crossed on the outward and inward journeys, without the posting rules being applied.
In the same way, when it comes to passenger transport, one or two operations could be carried out in similar conditions.
Changes on this point are extremely minor compared with the initial draft compromise and are more like fine-tuning. Such recommendations had already caused some gnashing of teeth on the part of the eastern European states (see EUROPE 12118).
According to the latest text, posting rules would not apply in the event of transit but would be appropriate in the case of cabotage.
Cabotage. On this last point, Vienna still plans to keep the current rules and, therefore, to give a carrier the possibility of making three cabotage operations over seven days, after one international transport operation.
Nonetheless, while the first draft compromise provided for a cooling-off period of 14 days before a further “right to cabotage” could be granted, it would in this case be reduced to 10 days. Several states, not only central and eastern Europe but also western Europe, could be satisfied with a lowering of this threshold.
Driving and resting time. No major change is to be noted concerning the driving and resting times of drivers.
It should be noted, however, that Vienna is proposing a slight precision when it comes to exemption from the ban relating to a regular weekly rest time on board the commercial vehicle (45 hours at most). Austria effectively hoped to provide for an exemption to this ban of principle when the vehicle was parked in zones dedicated to that purpose with suitable accommodation (sanitation, security, etc.), and it is also a matter of ensuring that the design of the cab meets a number of minimum requirements.
During a three-year transition period after the text enters into effect, a vehicle may park in a parking area equipped with sanitation facilities if the cab meets such conditions.
The total ban on the regular weekly resting time in the cab of the vehicle is, however, a red line for the states of the road alliance (Germany, Austria, Belgium, Denmark, France, Greece, Italy, Luxembourg and Sweden), which are expected to voice their disagreement.
Tachograph. Vienna’s suggestions on the date for introducing the second generation smart tachograph in vehicles are not amended here compared with those presented in the last text. It is still a matter of equipping all commercial vehicles operating on the territory of a member state other than that where the company is established by 2024.
It would appear, during a working group meeting, that France proposed setting up a “synchronisation clause” which would, in particular, allow operators to apply the new posting rules only once the second generation smart tachograph has been fitted in the vehicle. This idea, however, was not taken on board.
Timetable. These draft compromises will be discussed in the working group during meetings on Monday 22 and Thursday 25 October. The latter will be of special importance, with EU transport ministers to meet for an informal meeting in Graz on 29 and 30 October. (Original version in French by Lucas Tripoteau)