Members of Parliament rejected the proposals put forward by the Parliamentary Transport Committee, largely due to the German delegation, which changed its position. Of the 630 MEPs, 434 voted against the proposal to exclude international transport by posting. MEPs also rejected amendments to Regulations 1071 and 1072 concerning the rules for cabotage operations (of the 618 MEPs, 378 voted “no”). They also rejected the proposed changes to Regulation 561 concerning working and rest times, including the taking of regular rest periods. Of the 622 members present, 428 voted against.
http://www.pap.pl/aktualnosci/news,1454213,pe-odrzucil-korzystne-dla-polski-stanowisko-w-sprawie-przewoznikow-drogowych.html
The European Parliament will adopt its negotiating position for the trilogue in July. A trilogue is a negotiation between the Council (ministers, in this case transport ministers from the member states), the Parliament, and the European Commission. The Council of the EU has not yet adopted a position either. The outcome of the EP votes means that only the European Commission’s proposal is on the table, which assumes that a driver becomes a posted worker after three days of work abroad in a month. Germany and France are demanding that the posting rules apply from the very first day, while Poland and like-minded countries believe that the posting rules should apply after ten or fifteen days.
Are posted workers just an excuse?
The MPs’ change of position is attributed to trade union propaganda, which portrays drivers from Eastern Europe as modern-day slaves. At least, that is the official version.
A less official view is that this is, among other things, a systemic attempt to limit the competitiveness of companies from Central Europe. What’s more, the legal and administrative complexities (and costs) of running many of these companies may prove so burdensome that their owners will be forced to shut them down. Or to relocate their operations to the West, along with their employees and the taxes, social security contributions, health insurance premiums, etc., they pay. It is hard not to consider such a scenario, especially given the growing labor shortage across Europe.
Further negotiations
The restrictions on cabotage proposed by the European Commission—specifically, limiting it to three days—also provide a basis for further discussion. France and Germany want to tighten the rules governing cabotage, which in practice would exclude foreign carriers. Negotiations will focus on the Commission’s proposal regarding drivers’ rest periods. According to countries in the heart of the European Union, rest periods must take place at the end of each week in hotels, which makes it difficult for drivers to stay in touch with their families.
Protectionism Instead of the Single Market?
If the proposed regulations ultimately come into effect, this will result in a significant restriction on access to markets within the EU. Road transport operations will be significantly hampered. This is also bad news for customers of international transport companies. We should expect less operational flexibility and reduced vehicle availability. Empty runs will most likely increase significantly. All of this will result in a sharp rise in prices. This runs counter to the provisions of the “White Paper,” which called for increased efficiency in road transport.
Drivers who advocated for regular rest periods after three weeks—spending the fourth week at home—will not benefit from this either. The EC “knows best” and proposes hotels (which are in short supply) and secure parking lots (which have long been lacking in available spaces).