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Jan BuczekPresidentAssociation of International Road Transport Carriers in Poland

Challenges and solutions to facilitate fair transport in Europe

Bucharest, 8th of May 2015

Warszawa 01.01.2013 r.Tytu prezentacji - edytuj go w stopceThe 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.

Warszawa 01.01.2013 r.Tytu prezentacji - edytuj go w stopceThe freedom of establishment, the freedom to provide services

The European Union great opportunities for transport

The European Union great opportunities for transportThe 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 2015The European Union great opportunities for transportResult:

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 2015The European Union great challenge- development 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 2015The European Union great challenge- development 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 2015The 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 2012Buchares,t May 2015Single European Transport Area main obstacles 21.06.2014 new enforcement rules in Belgium for taking the normal rest in the cabin 1800 EUR11.07.2014 new enforcement rules in France for taking the normal weekly rest in the cabin 30 000 EUR plus 1 year imprisonment01.01.2015 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 hourWho next?Bucharest, May 2015Single 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 solutionseconomic 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