The rapporteurs in the European Parliament responsible for the social and market aspects of the first mobility package (posting of hauliers, driving and rest time, access to market, tachograph) presented their colleagues with new draft compromise amendments on Tuesday 11 December.
These new proposals are to be analysed in the light of the agreement reached in the EU Council on Monday 3 December (see EUROPE 12152), the rapporteurs having been instructed to put texts in the same spirit as that of the agreement on the table.
Posting. Merja Kyllönen (GUE/NGL, Finland) proposed draft amendments rather in line with the points agreed by the Member States, particularly as regards exemptions from the posting rules for bilateral operations between countries of establishment of the company employing the driver and another Member State, or on additional operations in this context.
On the other hand, she wishes to advance the date of application of the exemption for these additional transactions. While States have agreed that this exemption should only apply when the truck is equipped with a second generation smart tachograph (V2), Ms Kyllönen wants it to apply from the moment the driver manually enters the border crossing data. This is in order to apply it in 2020.
However, since the V2 tachograph will have to be installed in all vehicles operating in a Member State other than that in which the company is established, the issue of manual entry of border crossing data will no longer be relevant.
Mrs Kyllönen also suggests that the provisions on posting should apply to third countries. She also suggests an amendment to Ismail Ertug's (S&D, Germany) report on access to market, so that a Member State may not apply the 'cooling-off period' if this is done in a non-discriminatory way.
Access to market. On the 'access to market' side, Mr Ertug did not really follow the reasoning of the Member States.
Indeed, the Council's general approach provides that after an international operation, three access to market operations over seven days may be carried out on the territory of a State other than that in which the company is established. A waiting period of five days at the end of these seven days would then apply before a new ‘access to market right’ is granted in that State.
Mr Ertug expressed his support for an unlimited number of access to market operations over three days, following the international operation. And he wants the waiting period to be 60 hours after a return to the company's State of establishment and a new international operation from the latter State.
It also recommends that trucks used in international transport should be loaded or unloaded in the company's State of establishment every four weeks.
Rest time and tachograph. As regards rest time and the tachograph, Wim van de Camp (EPP, Netherlands) differs somewhat from the Council's reasoning.
First of all, it should be noted that he would like a distinction to be made between passenger transport and freight transport with regard to daily rest.
Secondly, the Council came out in favour of a total ban on taking the regular weekly rest period (45 hours or more) on board the vehicle. Mr van de Camp wants this rest period to be taken in the haulier, if it is parked in a secure parking area equipped with adequate facilities. However, it wishes to introduce a transitional period of three years after the entry into force of the text (or even three more years if the Commission considers it necessary) during which the haulier may not be parked in such an area.
In addition, Mr. van de Camp pleads for the driver to be able to return every four weeks to the destination of his choice. This is in contrast to the Council's decision to return every four weeks (three weeks if the driver takes two reduced weekly rest periods - of 24 hours - consecutively) to his home or to one of the company's operational centres.
It should also be noted that Mr van de Camp wishes to give the only drivers operating in international transport the possibility of taking two consecutively reduced weekly rest periods.
Finally, the Dutch Member wishes to adjust the date of introduction of the V2 tachograph on board hauliers. Depending on the current tachograph installed in vehicles, the V2 tachograph would be installed 3, 4 or 5 years after the entry into force of the text. The Council, on the other hand, took a position in favour of introducing the V2 tachograph in hauliers operating in the territory of Member States other than that in which the company is established by 2024.
Procedure. One of the major issues for MPs now concerns procedure. As a reminder, a vote is scheduled in Parliament's Transport Committee on 10 January, before a vote in plenary session in the meantime.
MEPs must now decide whether they will vote on the three texts en bloc or whether three separate votes will take place. (Original version in French by Lucas Tripoteau)