On Friday 9 November, Wim van de Camp (EPP, Netherlands) and Merja Kyllönen (GUE/NGL, Finland) submitted to the European Parliament negotiators new draft compromises on the posting of lorry drivers and on rest and driving periods, key elements of the first ‘mobility’ package.
These draft compromise amendments were submitted in advance of the meeting due to be held in Strasbourg on 14 November between the negotiators on the social and market aspects of the first ‘mobility’ package.
It should be noted that Ismail Ertug (S&D, Germany), rapporteur on cabotage, which is also a very sensitive issue in this case, did not present a new draft compromise on this subject, as the other two texts did not suit him.
Indeed, as a reminder, almost a year and a half after the European Commission's proposal (see EUROPE 11799), discussions are stalling between EP negotiators who are members of the institution's ‘transport’ and ‘employment’ committees.
The parliamentarians, meeting in plenary session, postponed the reports to the beginning of July (see EUROPE 12055) and the negotiations in small committees showed clear divergences between those in favour of harmonising social and market rules and those advocating their liberalisation (see EUROPE 12123).
Posting. With regard to ‘posting’, the approach taken by the Austrian Presidency of the Council of the European Union influenced the drafting of these draft compromise amendments (see EUROPE 12132, 12129).
According to the draft amendments presented by Mrs Kyllönen, a driver involved in bilateral international freight transport operations between the State of establishment of the company employing the driver and another State would not be covered by the posting rules.
Similarly, if the driver carries out a number of cross-border operations - the number is not specified and must be discussed - between the State where the company is established and the other State in the context of or following an international operation, he or she should not be subject to the posting rules either.
As regards passenger transport, bilateral operations would not be covered by the posting rules, nor would transport within the company's State of establishment.
Transit operations would also not be covered by the posting rules, unlike cabotage, freight or passenger operations.
Finally, the initial or final road haulage leg on the territory of a Member State other than that in which the company is established, forming an integral part of an international combined transport operation, should be subject to the posting rules. This issue should be linked to the text on combined transport, as part of the second mobility package, for which the EP has already adopted its position (see EUROPE 12059).
Driving and rest periods. As regards drivers’ driving and rest periods, Mr van de Camp suggests that, over a period of four consecutive weeks, the driver should take at least two regular weekly rest periods (45 hours or more), paving the way for two consecutive reduced rest periods (24 hours).
He also suggests that the reduced weekly rest period can be taken on board the lorry when the vehicle is parked in certified secure parking areas with adequate facilities. This differs from the first vote in the Transport Committee in June (see EUROPE 12034), which also included the regular weekly rest period in this context. In addition, until five years after the entry into force of the new text, these rest periods in the lorry would not be subject to compliance with the provisions on secure parking areas.
This would involve drivers returning to their home or a destination of their choice at least once every four weeks.
Finally, the same rules on daily driving time would apply to bus and freight lorry drivers.
Calendar. Negotiators are expected to have fairly intense discussions at the November 14 meeting, particularly due to the lack of a text on cabotage. In view of this, it is difficult to envisage an agreement being reached on the other two texts, as the approach adopted so far is that of a package of texts. (Original version in French by Lucas Tripoteau)