Jan Buczek

President
Association of International Road Transport
Carriers in Poland

Challenges and solutions to

facilitate fair transport in
Europe
Bucharest, 8th of May 2015

Tytu prezentacji - edytuj go w stopce

Warszawa
01.01.2013 r.

The European Union great

opportunities for transport

THE FREEDOM OF ESTABLISHMENT,

THE FREEDOM TO PROVIDE SERVICES
The freedom of establishment, set out in Article49 (ex
Article43 TEC) of the Treaty and the freedom to provide
cross border services, set out in Article56 (ex Article49
TEC), are two of the fundamental freedoms which are
central to the effective functioning of the EU Internal
Market.

Tytu prezentacji - edytuj go w stopce

Warszawa
01.01.2013 r.

The European Union great opportunities

for transport

The principle of the freedom of establishment

enables an economic operator (whether a person
or a company) to carry on an economic activity in
a stable and continuous way in one or more
Member States.
The principle of the freedom to provide services
enables an economic operator providing services
in one Member State to offer services on a
temporary basis in another Member State,
without having to be established.
Bucharest, May 2015

The European Union great

opportunities for transport

Result:
Member States must modify national laws that restrict
freedom of establishment or the freedom to provide
services, and are therefore incompatible with these
principles.
Member States may only maintain restrictions in
specific circumstances where these are justified by
overriding reasons of general interest, (on grounds of
public policy, public security or public health) and only
where they are proportionate.
Bucharest, May
2015.

The European Union great challenge development of a Single Transport Area

The common transport market - Regulation 1072/2009

Three basic recitals:
(2) The establishment of a common transport policy
entails, inter alia, laying down common rules
applicable to access to the market in the international
carriage of goods by road within the territory of the
Community, as well as laying down the conditions
under which non-resident hauliers may operate
transport services within a Member State. Those rules
must be laid down in such a way as to contribute to
the smooth operation of the internal transport market.
Bucharest, May 2015

The European Union great challengedevelopment of a Single Transport Area

The common transport market - Regulation

1072/2009

(4) The establishment of a common transport policy

implies the removal of all restrictions against the
person providing transport services on the grounds
of nationality or the fact that he is established in a
different Member State from the one in which the
services are to be provided.

Bucharest, May 2015

The European Union great challengedevelopment of a Single Transport Area

The common transport market - Regulation 1072/2009

(6) The gradual completion of the single European market
should lead to the elimination of restrictions on access to
the domestic markets of Member States. Nevertheless, this
should take into account the effectiveness of controls and
the evolution of employment conditions in the profession,
the harmonisation of the rules in the fields of, inter alia,
enforcement and road user charges, and social and safety
legislation. The Commission should closely monitor the
market situation as well as the harmonisation mentioned
above and propose, if appropriate, the further opening of
domestic road transport markets, including cabotage.
Bucharest, May 2015

The European Union great challenge development of a Single Transport Area

Result and our common goal:

- gradual implementation of the single, common
and harmonized transport market free of
restrictions on access to domestic markets,
- step by step liberalization of the transport
market, evolution instead of revolution,
- common understanding and implementation of
current rules, amendments only where necessary,
- better enforcement and cooperation,
- equal treatment of national and foreign
companies by shippers
Bucharest, May
2015.

The European Union great challenge development of a Single Transport Area

The High Level Group is of the opinion that the creation

of a Single European Transport Area will bring substantial
benefits to Member States in terms of market efficiency,
thereby enhancing industrial growth. The enhancement
of such industrial growth through improved efficiency in
the logistics chain is considered vital to meet both the
present needs of the Union with respect to the current
downturn in economic activity and the continuing and
long term needs of the Union with respect to its
economic development and competitiveness in the face
of fast increasing global competition.
June 2012

Buchares,t May 2015

Single European Transport Area main

obstacles

21.06.2014 new enforcement rules in Belgium for

taking the normal rest in the cabin 1800 EUR
11.07.2014 new enforcement rules in France for
taking the normal weekly rest in the cabin 30 000
EUR plus 1 year imprisonment
01.01.2015 the minimum wage in Germany 8,50
per hour applicable to all operators performing
transport activities in this country (only transit
temporarily excluded)
April 2015 Loi Macron presented to the French
Parliament the minimum wage of 9,61 per hour
Who next?
Bucharest, May 2015

Single European Transport Area main

obstacles

Consequences of new enforcement rules:

- distortion in long distance transports carried out by drivers
from peripheral countries,
- introduction of disproportionate and definitely
discriminatory sanctions,
- no infrastructure ready, no secure parking facilities available
for vehicles transporting goods with hotels nearby,
- new legislation adopted by governments but its practical
implementation left completely to the transport industry,
- increase of transports costs, more empty runs, extra
kilometers driven, more CO2 emitted,
- unnecessary stress for drivers, higher congestion and
pollution for cities nearby highways.
Bucharest, May
2015.

Single European Transport Area main

obstacles

Consequences of the minimum wage:

- additional administrative burden and extra costs
for foreign companies,
- ignores completely the economic reality of
Europe, the fact that social differences still exist,
- new barrier in the UE trade,
- limits free competition, the basic EU freedoms of
providing services and free movement of goods,
- penalties foreseen highly disproportionate,
- Ignores completaly already existing national laws
on minimum wages.
Bucharest, May 2015

-better enforcement,

Single European Transport Area

possible solutions

economic harmonisation first, social cohesion to

be achieved step by step,
national measures introduced only where
necessary and in accordance with the EU
legislation,
higher involvement of the European Commission
in the European law interpretation,
better execution and enforcement of the current
legislation,
improvement of the current legislation instead of
proposals for new rules.
Bucharest, May
2015.

Thank you for your attention!

Bucharest, May 2015