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Mobility Package 1: EU moves forward on infringements and risk, but real work starts now
Europe | Brussels

Mobility Package 1: EU moves forward on infringements and risk, but real work starts now

14 Mar 2022 · People

The EU reached two milestones in the application of the Mobility Package 1 on 2 and 21 February, when the new rules on the posting of drivers, access to the market and access to the profession become applicable in the 27 EU Member States.

With most of the Mobility Package 1 proposals effective, the EU was still due to clarify how severe the various infringements of the new rules are and how to rate the risk profile of transport companies. At its meeting held on Friday 11 March, the EU Road Transport Committee finally adopted the important pieces of legislation which establish these crucial elements for the enforcement of the Mobility package 1.

  • The revision of the classification of serious infringements of Union rules specifies the level of gravity of specific infringements of the new rules on a scale from low to very high.
  • The common formula for risk rating of EU transport undertakings sets out the system to monitor their compliance with the Mobility Package 1 rules and may ultimately lead to the loss of good repute by road transport operators repeatedly in default.

Both legislative acts are meant to further harmonise road transport enforcement practices across Europe, targeting frequent and heavy offenders, whilst reducing the burden over law-abiding road transport companies.

“We provided constructive feedback to the EU during the consultation process and we welcome the adoption of these new provisions. They are expected to bring closer EU enforcement practices and mobilising increasingly scarce enforcement resources to target frequent and heavy offenders. We are ready to work together with Member States, the European Commission, enforcers and trade unions to further harmonise and fine-tune Member States’ risk rating systems. This is a great opportunity to put together the know-how of industry and the expertise of enforcers, and to learn from the best.”

Raluca Marian
IRU Director of EU Advocacy

The risk rating of operators is expected to be available to enforcers at the roadside in August 2023.

Yet, the weakest link seems to be EU Member States. They have the obligation to transpose and publish the information on the conditions applicable to posting in their countries, including critical information on drivers’ remuneration in the host country. Same stands for specific aspects regarding access to the market and access to the profession.

At the moment however, only a few countries have shared this information, and not always in a user-friendly manner. IRU urges EU Member States to ensure that the rules are transposed shortly and that the information to operators and drivers is accessible, structured, and available in several EU languages.