ESTA is to start lobbying Brussels for a change to a key element of the EU’s Mobility Package so that it that better supports the needs of abnormal transport.
ESTA’s move follows a judgement announced by the European Court of Justice on October 4 after a legal challenge to the Mobility Package brought by seven countries, mostly from Eastern Europe.
The Mobility Package introduces a new set of rules designed to entrench fair competition in the road transport sector, and improve working conditions for drivers and road safety.
Those challenging the legality of the package argued that it unfairly discriminated against smaller companies and those from countries that carried out most of their work in Western markets such as France and Germany.
But the Court ruled against the challenges in all aspects bar one – the obligation to return a vehicle to its home country every eight weeks, which has been annulled as the EU had not shown it to be a proportional and effective measure.
ESTA has welcomed the Court’s ruling, and still supports the principle that vehicles should be obliged to return regularly to their home country – and sees the ruling as an opportunity to table a new regulation that better suits the needs of the abnormal transport sector.
ESTA Director Ton Klijn said: “We see the ECJ decision as a strong confirmation of the commitment to ensure equal competition and fight social dumping practices in European road freight transport.
“ESTA is of the opinion that a form of a return obligation is essential to ensure good and fair working conditions for road haulage companies and their drivers in Europe, fight “flag of convenience” practices and link the legislative texts of the Mobility Package together in a good balance.
“However, the fact that the commission has to write new proposals also provides an opportunity to tailor them better to the needs of abnormal transport projects, especially those implemented in a third country.
“ESTA therefore calls on the European Commission to submit a legislative proposal as soon as possible so that the EU legislators can make the return obligation a part of the Mobility Package again, and to shape this return obligation in such a way that it is also workable for abnormal transport companies.”