At the meeting of Member States' ambassadors to the European Union ('Coreper'), held in the evening of Friday 23 November, delegations were unable to find common ground on the social and market issues of the first ‘mobility’ package (posting of hauliers, access to the market, driving and rest time, cabotage), while the ‘Transport’ Council is scheduled to meet on Monday 3 December.
The exchanges during this meeting, which finished at around midnight, were unsuccessful. Moreover, topics could not be discussed in depth, such as the issue of exemptions from cabotage rules in international combined transport, a text that forms part of the second ‘mobility’ package (see EUROPE 12143). The ambassadors are expected to work on this issue on Wednesday 28 November.
With regard to the first ‘mobility’ package, Member States’ representatives based their discussions on the fifth draft compromises tabled by the Austrian Presidency of the Council of the European Union on Tuesday 20 November, and detailed in our columns (see EUROPE 12142). These considered some changes to the last texts tabled, with the aim of reaching a political agreement ('general approach') for the Transport Council on 3 December.
This attempt was not successful. According to our information, the national delegations have stuck to their positions, as was observed at the Coreper meeting of 14 November (see EUROPE 12138, 12137). Logically then, this did not have the effect of advancing the debate and thus reaching a compromise.
Five States put forward proposals. Interestingly, however, a small group of five States (Czech Republic, Finland, Ireland, Portugal and Slovakia) suggested several amendments to further liberalise the sector. This approach was supported by the Central and Eastern European States and the Commission.
This would include reducing the cooling-off period that a haulier must respect, after carrying out cabotage operations, before a new 'cabotage right' is granted in the territory of the same Member State. These States would also like to remove the synchronisation clause, aimed at aligning the commencement date of the new provisions on posting with the introduction date of second generation smart tachographs on trucks operating in the territory of another Member State.
Lastly, they are calling for an extension of the exemption from the application of the rules on posting relating to additional operations (loading and unloading) that the driver could carry out on the way to and from different States without the worker being considered as posted. The figure of three operations, and not two, as recommended by Vienna, was proposed.
Question about a new draft compromise. Faced with the failure of the Coreper negotiations, EU Transport Ministers will have to try to reach agreement on the many contentious issues at the Council meeting on 3 December, which may be long and tense. The Austrian Presidency has not yet decided whether to submit a new draft compromise before this meeting. (Original version in French by Lucas Tripoteau)