Harmonised interpretation & implementation The impact on competition

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Presentation transcript:

Harmonised interpretation & implementation The impact on competition Brussels, 18 October 2012 Marc Billiet Head EU Goods Transport (c) International Road Transport Union (IRU) 2012

The EU haulage market (1) Steady increase in competition since January 1993. Further increase in competition with three consecutive EU enlargements. Economic crisis since end 2009. Decreased road haulage activity: International: - 15% National: - 9% Cabotage: + 2% (c) International Road Transport Union (IRU) 2012

The EU haulage market (2) Regulations 1071/2009 and 1072/2009 have done little or nothing to establish a framework of fair competition. Pressure on prices is very high, costs continue to increase. Temptation to break the rules to make a euro is high. Efficient enforcement in all Member States can contribute to fair competition! (c) International Road Transport Union (IRU) 2012

Enforcement in EU Regulations Regulations 1071/2009 and 1072/2009 have been innovative in relation to enforcement. Foundations for the harmonisation of infringements. Increased cooperation and exchange of information between the Member States. The creation of the ERRU. The IRU welcomes these developments. (c) International Road Transport Union (IRU) 2012

= Perfect scenario for: Challenges Different speeds in establishing the ERRU. Different interpretations of the provisions of Regulations 1071/2009 and 1072/2009 Different implementation of the provisions. Varying approaches to enforcement. = Perfect scenario for: Different treatment in the EU Member States More distortion of competition (c) International Road Transport Union (IRU) 2012

What must be avoided? Relocation to countries with favourable enforcement regime. Forced controls in some Member States to avoid controls in others. Different approaches to liability of driver/transport manager/company. Different approaches to withdrawal and reinstatement of good repute. (c) International Road Transport Union (IRU) 2012

Intelligence lead enforcement? Only possible if ALL Member States have the same approach in terms of Interpretation Weighing of infringements Proportionality Sanctioning Appeals procedures Liability Access Is this feasible in the EU? (c) International Road Transport Union (IRU) 2012

Conclusions Constructive work has been done. Need for efficient enforcement is great. Need for EC guidelines on interpretation is essential. Member State cooperation should be further improved. EC to ensure that all Member States are ready at the same time. (c) International Road Transport Union (IRU) 2012

www.iru.org (c) International Road Transport Union (IRU) 2012