Challenges and solutions to

facilitate fair transport

IRU-UNTRR International conference Bucharest 27 May 2016

Towards a european status

for highly mobile
workers

Internationalisation of the road haulage sector

and consequences (1)
EU National haulage operations by domestically
registered vehicles = 2/3 of total haulage operations.
EU International haulage transport = 1/3 of total
haulage operations.
In France or Italy, UK or Sweden, national haulage
operations account for more than 90% of total
haulage.
In most of eastern countries of the EU, international
haulage operations account for 70% to 90%.
27/05/2016

Decline of international transport operations

in France

Internationalisation of the road haulage sector

and consequences (2)
Cabotage grew by 50% between 2004 and 2012.
The practice is concentrated at 86% in Germany,
France, Italy, UK, Belgium and Sweden.
Caboteurs are able to offer lower rates than
domestic hauliers which adds competitive pressure
on the French domestic market.
But, the real threat lies with illegal cabotage and
other abusive practices or circumventions of the
EU rules currently in force. Expectations are high
with the EC road initiatives.
27/05/2016

Protectionist measures are not the best choice

La loi Macron (1)
To counteract the effects of the differentials in labour costs
and employment conditions between EU-15 and EU-13,
France has introduced a specific chapter in the Loi Macron.
The objective of France is to fight unbalanced competitive
conditions through the posting of workers directive, notably
with the payment of the French minimum wages.
The new provisions will enter into force as from the 1st of
July 2016. The FNTR has pointed out more than 40
questions. The IRU has also sent questions to the French
authorities and the EC already launched an investigation
procedure regarding a forthcoming infringement case (like
for Germany).
27/05/2016

Protectionist measures are not the best choice

La loi Macron (2)
The main questions to be clarified regarding:
What is the scope of the French decree: cabotage,
cross-trade, transit?
What is the exact use of the posting certificate ?
What is the need to have a representative in
France?
How to apply the French minimum wage?
What are the responsabilities of the consignees
on one hand and of the freight forwarders on the
other?
27/05/2016

Towards the emergence of harmonized and

innovative employment practices (1)
For many years, the FNTR has been advocating
for the high mobility of workers in road
transport to be recognised.
The EC recently took stock of questions and
difficulties raised in the implementation of the
posting of workers directive for the functionning
of the internal road transport market.
The DG MOVE should contribute to more clarity
and better enforcement of the rules applicable to
employment contracts in the transport sector and
may address the specific challenges the
application of the provisions of the PWD for the
road haulage sector.

Towards the emergence of harmonized

and innovative employment practices (2)
The main question is about the law applicable to
employment contract and consequently to drivers
working international.
It is key to determine the principal place of the work
contract execution as well as to determine the Member
State where social security is applicable to the driver.
Setting up a European Agency for road transport would
be very much appreciated in order to monitor a closer
interpretation and application of EU rules by the MS.
Closing loopholes within EU legislation thanks to the
new generation of tachograph.

isabelle.maitre@fntr.fr

Mulumesc !
Merci !