On Monday evening, 3 December, the Transport Ministers of the European Union countries reached a general approach on the sensitive social and market aspects of the first ‘mobility’ and combined transport package, following three rounds of discussions.
The circle is complete... at least the first step in the EU Council. One and a half years after the European Commission's proposal (see EUROPE 11799) and the heated debates at previous Transport Council meetings (see EUROPE 11804, 11919, 12036), Member States finally agreed on the social and market aspects of the first ‘mobility’ package (posting of drivers, driving and rest time, market access, cabotage and tachograph) and on combined transport, after three round tables at that meeting.
The game was far from being won in advance. The last meetings of the ambassadors to the European Union ('Coreper') had shown that there were still very significant differences between Member States (see EUROPE 12146, 12138) and the exchanges during the first (see EUROPE 12151) and then the second round of the latter Council did not suggest any political agreement between ministers.
"This is an exceptional achievement." said Violeta Bulc, the European Commissioner for Transport Policy, at the press conference following the ministers' meeting. "The Commission is happy with the outcomes." she added. Norbert Hofer, the Austrian Minister of Transport, congratulated himself on having obtained "improvements in working conditions and an end to social dumping".
Two blocks, which gradually turned into three blocks, were facing off. On the one hand, the States of the Road Alliance (Austria, Belgium, Denmark, France, Germany, Greece, Italy, Luxembourg and Sweden), in favour of harmonising social and market rules, and on the other hand, the States of Central and Eastern Europe, in favour of liberalising rules. The latter group split towards the end of the negotiations, with on the one hand States mainly from Central and Peripheral Europe and on the other hand countries mainly from Eastern Europe.
In the end, Ireland, Lithuania, Bulgaria, Poland, Latvia, Hungary, Croatia, Belgium (see elsewhere) and Malta voted against the agreement, while Romania abstained.
Posting. The approach adopted by the ministers is in line with the spirit of the various draft compromises of the Austrian Presidency of the Council of the EU (see EUROPE 12148, 12142).
There are therefore no more day thresholds for applying or not applying the rules on the posting of lorry drivers to work, as initially envisaged by the Commission. It would therefore be the nature of the transaction on which the application or not of the posting rules would depend, according to this agreement.
Thus, according to the Council's approach, a bilateral operation on the way and on the way back between country A (country of establishment of the company employing the driver) and country B would not be covered by the posting rules. This will be done as soon as the parent directive on posting enters into force.
In addition, the agreement envisages that two additional operations (one on the outward journey and one on the return journey, or zero on the outward journey and two on the return journey) consisting of two loads and unloads, within the framework of this bilateral operation and in a Member State other than the final destination ('country B'), are not covered by the posting rules. However, the latter exemption would only apply when the truck is equipped with the V2 smart tachograph. Here we find part of the synchronisation clause proposed by France in the Council working group (see EUROPE 12129, 12121).
Cabotage and the market. Under this agreement, a driver could carry out, after an international operation, three cabotage operations within a period of seven days in the territory of a Member State other than that in which his company is established. On this point, the current rules would not change.
On the other hand, a cooling-off period of five days would apply at the end of these seven days, before a new 'cabotage right' would be granted in that State to the carrier.
Belgium voted against the general agreement because it wanted, in particular, to be able to conclude bilateral agreements with neighbouring countries in order to reverse cabotage restrictions, in particular the deficiency. But the Council's legal services have stated that such an option would require careful consideration and respect for the principle of equal treatment.
On the market side, it should be noted that the agreement no longer provides for the truck to be returned to the company's State of establishment.
Driving and rest periods. Another major point of the discussions was the question of driving and rest time.
The States here agreed to maintain the calculation of the working reference period, namely 90 hours over a two-week period.
In addition, they took a stand for the total ban on regular weekly rest periods (45 hours or more) on board the truck.
In addition, as with the latest draft compromises, it is indicated here that a driver engaged in international operations should return to the operational centre of the company employing him or her or to his or her home once every four weeks. On the other hand, if the driver has taken two consecutive reduced weekly rest periods, this threshold would increase to three weeks.
According to the agreement, States could also adopt more accommodating measures on the latter point with regard to drivers engaged exclusively in domestic transport.
Tachograph. The keystone of this package of proposals is that the date of introduction of the V2 smart tachograph on board lorries, allowing more effective control of the standards mentioned above, has not changed compared to the latest draft compromises. This system should be introduced in 2024 on board all vehicles carrying out transport operations in a Member State other than that in which the company is established.
Combined transport. The question of combined transport (revision of Directive 92/106/EEC), a proposal for the second ‘mobility’ package (see EUROPE 11900), has for months been politically linked to the first ‘mobility’ package because of Article 4 of the current text (see EUROPE 12143).
Under this agreement, a carrier is exempt from cabotage rules during an international combined transport operation on the initial or final road part. Sweden and Denmark in the first instance, supported by the Road Alliance, wanted to revoke this exemption.
Here, the ministers give a State the possibility to provide for a five-day limitation on cabotage operations after the vehicle has entered the national territory, with a five-day waiting period.
European Parliament. The ball is now in the European Parliament's court, with MEPs having to reach an agreement on this matter before trilogues can start. But the discussions are also delicate (see EUROPE 12138).
An extraordinary meeting of the European Parliament's Transport Committee may be held in mid-December to vote on the texts, before any support from MEPs in plenary session. (Original version in French by Lucas Tripoteau)