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After several years of discussing the pros and cons and despite the pandemic situation in Europe, about a month ago the European Parliament finally adopted the so-called “Mobility Package”, including the following regulations:
- Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs;
- Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector
- Regulation (EU) 2020/1056 of the European Parliament and of the Council of 15 July 2020 on electronic freight transport information;
- Directive (EU) 2020/1057 of the European Parliament and of the Council of 15 July 2020 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012.
- REGULATION (EU) 2020/1054 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 July 2020 amending Regulation (EC) № 561/2006 as regards minimum requirements for maximum daily and weekly driving times, minimum breaks and daily and weekly breaks, and Regulation (EU) № 165/2014 as regards location by tachographs;
REGULATION (EU) 2020/1055 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 July 2020 amending Regulations (EC) № 1071/2009, (EC) № 1072/2009 and (EU) № 1024/2012 with a view to adapting their development in the road transport sector;
REGULATION (EU) 2020/1056 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 July 2020 on electronic freight information;
DIRECTIVE (EU) 2020/1057 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 July 2020 laying down specific rules concerning Directive 96/71 / EC and Directive 2014/67 / EC on the secondment of drivers in the road transport sector and amending Directive 2006/22 / EC as regards implementing requirements and Regulation (EU) (1024/2012.
On 31 July 2020 in the Official Journal of the EU, no. L 249, the final texts of the regulations introducing the new rules were officially published.
The regulations included in the package are directly applicable to each EU Member State and are valid from the date of their publication in the Official Journal, unless explicitly stated otherwise.
In this case, all three regulations are expected to enter into force 20 days after their publication in the Official Journal of the EU, and to be implemented as follows:
Regulation (EU) 2020/1054 applies from the date of entry into force, but some of its texts will apply from 3 December 2024.
Regulation (EU) 2020/1055 will apply from 21 February 2022.
Regulation (EU) 2020/1056 will apply from 21 August 2024.
Unlike the Regulations, the Directives are not directly applicable to the Member States and in this sense the national measures transposing DIRECTIVE (EU) 2020/1057 are intended to apply from the date 18 months after the date of entry into force of this Directive (01. August 2020), respectively they must apply these provisions from 02 February2022.
The goals set out by the European Parliament and the Council, which are meant to be achieved by these acts, are to create a safe, efficient and socially responsible road transport sector. The means of achieving this are, on the one hand, adequate working conditions and social protection for drivers and, on the other hand, appropriate conditions for the business of road carriers (“carriers”) and for fair competition between them. Given the high degree of labor mobility in the road transport sector, sector-specific rules are needed to ensure a balance between the free provision of cross-border services to carriers, the free movement of goods, adequate working conditions and the social protection of drivers.
The specific dimensions of the goals thus set are the above-mentioned normative acts, and the changes envisaged in them can be synthesized as follows:
REGULATION (EU) 2020/1054 and REGULATION (EU) 2020/1055 make amendments to the current regulations, which regulate the road transport sector until now.
New minimum requirements are introduced for the maximum daily and weekly driving time, minimum breaks and daily and weekly breaks, according to which drivers will from now on have the right to return home every three weeks, will be obliged to return every eight weeks with their truck in their home country, as well as to take an extended weekend every three weeks, which, however, should not be spent in the cab of the vehicle.
The changes also aim to equalize the remuneration of drivers from different Member States, and the determining criterion will be the established remuneration in the country in which they operate, and not in the country of origin.
In addition to the above, the changes are aimed at counteracting the phenomenon of the so-called. mailbox companies and to ensure fair competition and a level playing field in the internal market by ensuring that road carriers established in a Member State have a genuine and lasting presence in that Member State and carry on their transport activities there. These goals are achieved by introducing new requirements for tachographs – the so-called smart tachographs will also be used to record crossings state borders.
Regulation (EU) 2020/1056 establishes a legal framework for the electronic communication of regulatory information between the relevant economic operators and competent authorities in relation to the transport of goods within the EU. The third regulation is an entirely new regulation that supplements the changes introduced by the first two regulations and aims to promote the digitalisation of freight and logistics with a view to reducing administrative costs, improving law enforcement capacity of competent authorities and increasing transport efficiency and sustainability.
The last act of the package, DIRECTIVE (EU) 2020/1057, introduces specific rules for the posting of drivers in the road transport sector, as well as amendments to the administrative requirements and control measures regarding the posting of these drivers.
Assessmentss and opinions on the changes adopted by the Mobility Package are contradictory at this stage, as the Member States of Western and Eastern Europe are divided into two poles. Statements have already been made by Eastern European member states that they will attack the acts adopted by the package before the Court of Justice of EU, as they believe the changes are protectionist measures that protect the local labor market in Western Europe from cheap competition from Eastern European transport companies.
Another important aspect that is affected by the opponents of the adopted Mobility Package is how the implementation of the envisaged new obligations will affect the Green Deal for Europe and whether their overall impact will not be negative for the continent’s environment. In September, the European Commission will have to carry out an assessment of this impact, as a result of which it is possible to make new changes to the Mobility Package.
The team of Murgova and Partners Attorneys at Law will continue to monitor for you the changes in this such important for Europe economic field, ensuring the free movement of goods. When working with our clients in the field, we have gained extensive experience in structuring and planning business processes and activities, posting employees and ensuring regulatory compliance of clients with the latest regulatory requirements at national and European level.