Free movement of services vs. unfair or illegal competition Lode Verkinderen Secretary General UETR Luxembourg, 11th November 2015

Union Européenne des Transporteurs Routiers European Road Hauliers association Founded in 1998 Represents growing sector of services (several 100K companies; employment >1 million) in both EU-15 and EU-28 Member States Interests of SME’s = 1st place!

Historical background (Road) Transport crucial for internal market Set of bilateral permits : LIMITED contingent (+ transit …) Huge administrative burdon for haulers Not compatible with free movement of services 1993: No borders : free movement of goods & services Only limitation = cabotage Limitations on amount of diesel fuel in a international truck : abolished 1998: cabotage = unlimited yet temporary

Historical background Turn of century : EU enlargement planned & decided 2004 & 2007: + 12 = shift 2008 : economic crisis hits transport sector (SME’s) harder than rest of economy 2009: cabotage limited to 3 operations in 7 days after unloading international journey

Current situation acces to market PL truck in B = 5 Potential scenario’s Empty truck = no limitations From PL to B = no limitations From F to B (no passing in PL) = no limitations Transit through B = no limitations Cabotage in B: allowed with limitations

Current situation Other legislation Labour legislation : country of employer Social security legislation : country of residence But: in country of employer for workers from other MS But if >25% of time in MS of residence, other than MS of employer : in country of residence Koelsch case: place of usual occupation Mazzoleni case : no unbearable administrative charges in case of multiple border crossings

Current situation Control not always a policy priority, difficulty without borders Huge wage(cost) differences push MS to new measures Germany: minimum wage, even for transit France: minimum wage in consideration, in case of cabotage 45+ hours resting time in cabin (F, B)

Future challanges EU is called for action to install clear, uniform rules & applications (ENFORCEABLE) Return to administrative burden in international transport is not EU-compatible Protection of workers, fight against illegal operations and free movement have to be tackled in 1 policy Fundaments of EU vs. protectionism Labor cost as harmonisation competence of EU? Political majority for what?

Thank you for your attention !