MEPs, meeting in plenary session of the European Parliament, adopted their position at first reading on Thursday 4 April on the social and market aspects of the first mobility package (posting of drivers, driving time and rest periods, tachograph, cabotage and market access).
This time was successful, but there were so many difficulties! After two visits to the Transport Committee and two visits to the European Parliament plenary session, the fifth vote on these sensitive road transport issues will therefore have enabled the MEPs to approve a negotiating position.
The session was still quite lively. Members first asked to postpone the vote. The Chairman of the meeting, Rainer Wieland (EPP, Germany), then put this request to the vote, which was rejected.
Subsequently, Mr Wieland had each amendment voted on individually. If this sequence had continued in this way, the vote would have lasted several hours, like the vote in the competent committee on 2 April (see EUROPE 12227/4). But after the rejection of all the amendments of the first block relating to posting, and then the rejection of all the amendments of part of the second block, the question of voting on the texts in blocks of amendments was raised again, as the President of the European Parliament, Antonio Tajani, had envisaged the day before (see EUROPE 12228/3).
After interventions by Marian Marinescu (EPP, Romania) against this option, and Philippe Lamberts (Greens/EFA, Belgium) in favour of it, a vote was taken to decide on the continuation of the votes. The vast majority of Members then voted to continue voting in blocks of amendments.
Despite the deep divisions within the political groups (which are generally reflected in the results of roll-call votes), with Western European MEPs advocating harmonisation of social rules on the one hand, and Central, Eastern and Peripheral European MEPs on the other, who are more in favour of liberalising the sector, texts were adopted.
As some observers and stakeholders expected, the draft compromises tabled at the end of February by Ismail Ertug (S&D, Germany), Merja Kyllönen (GUE/NGL, Finland) and Pavel Telička (ALDE, Czech Republic) were adopted (see EUROPE 12204/5).
With one exception concerning cabotage, the text adopted in the Transport Committee on 10 January was adopted (see EUROPE 12169/5).
Posting. On the ‘posting’, the text adopted by a narrow majority (317 votes in favour, 302 against, 14 abstentions) is in line with the ‘Kyllönen’ draft report presented in January in Parliament’s Transport Committee (see EUROPE 12159/5), which was then rejected.
It is the text most in line with the position adopted by the Council of the EU in December 2018 (see EUROPE 12152/10).
Under this approach, a bilateral operation between a country A of departure (country of establishment of the company employing the driver) and a country B of arrival would not be covered by the posting rules.
In addition, two additional operations consisting of two loads and unloads, as part of this bilateral operation and in a country C other than country B of final destination, would also not be covered by the posting rules. These operations would only take place on the outward and return journey (1+1) or zero on the outward journey and two on the return journey (0+2).
The latter exemption would apply from the moment the driver manually enters the data relating to border crossing. But when the second generation smart tachograph (V2) is to be installed in vehicles, the exemption could only be applied if the tachograph regulations are respected.
While the approach is therefore quite similar to that of the EU Council here, recommendations on controls differ.
Cabotage and access to the profession. On market access and cabotage, MEPs' votes are therefore in perfect agreement with the text adopted by the Parliament Transport Committee at the beginning of the year (371 votes in favour, 251 against, 13 abstentions).
First of all, the requirements relating in particular to establishment and financial capacity (Regulation 1071/2009) would apply, according to MEPs, to carriers carrying out international transport operations using vehicles with a maximum authorised laden weight exceeding 2.4 tonnes.
MEPs also called for trucks used in international transport to be loaded or unloaded in the company's state of establishment every 4 weeks.
In addition, MEPs voted for an unlimited number of cabotage operations over a period of 3 days after an international transport operation. Thereafter, a cooling-off period of 60 hours after a return to the State of establishment of the company will be required before a new international operation from the latter State can take place.
Rest and driving time / tachograph. On rest and driving time, MEPs voted by a comfortable majority throughout the text (394 votes in favour, 236 against, 5 abstentions) for a total ban on regular weekly rest periods (45 hours or more) on board the lorry.
Wim van de Camp (EPP, the Netherlands), rapporteur on the dossier, did not initially envisage such a measure.
MEPs also voted to maintain the calculation of the reference period with regard to rest time. A driver could therefore not take two reduced weekly rest periods (24 hours or more) consecutively. In addition, MEPs want a driver to be able to return to their place of residence, or to the place of their choice, once every 4 weeks.
The Commission is also invited to assess the possibility of introducing specific rules for bus and coach drivers.
Finally, as the cornerstone of this package of proposals, the date of introduction of the second generation smart tachograph (an instrument allowing more effective control of the standards mentioned above) would differ according to the type of tachograph already installed in vehicles.
Thus, 2 years after the entry into force of the text, MEPs want new vehicles to be equipped with V2 tachographs. And for lorries already in circulation, this V2 tachograph would be installed three, four or five years after the entry into force of the future European rules.
Reactions. Ahead of the vote, at a press conference, Ms Kyllönen welcomed the fact that she had been able to find a “balanced solution” in these three dossiers. Mr Telička stressed that these results could not be considered as a “perfect result, but a set of compromises”. For Mr Ertug, these compromises will make it possible to tackle a road transport market that is “not fair and not sustainable”.
Karima Delli (Greens/EFA, France), chair of Parliament's Transport Committee, regretted the vote on posting, which she said meant “the creation in Europe of a class of second-class employees”. However, she was much more satisfied with the votes on the other two texts. Still on the French side, Renaud Muselier and Franck Proust (EPP) considered that truckers “will now operate in a fairer and safer environment”.
Kosma Złotowski (ECR, Poland), who wanted the vote postponed, considered that these results would create “a serious barrier” to the functioning of the internal market.
What happens next? Whilst the European Parliament has decided on its negotiating position with the EU Council, that is not the end of the story.
The European Commissioner for Transport, Violeta Bulc, has indicated that she wishes to initiate interinstitutional negotiations (‘trilogues’). While the outcome of such trilogues now seems unlikely before the end of Parliament’s mandate, it remains to be seen what the attitude of the Romanian Presidency of the Council and the MEPs will be.
Mr Ertug and Mr Telička have in any case declared themselves ready to negotiate with the Member States. (Original version in French by Lucas Tripoteau)