IRU welcomes the European Commission’s letter to EU governments which brings clarity on important aspects regarding the application of the new EU directive on posting of drivers, effective 2 February 2022.
As already highlighted by IRU, most of the EU Member States have still not transposed the EU provisions into national law. This has important consequences, such as confusion about the level of remuneration operators will have to pay to drivers posted outside of the home country.
The letter reminds Member States that, as of 2 February 2022, the EU Portal for posting declarations “must be the only obligatory system that road transport operators may be required to use to send declarations when posting their drivers to other Member States.” The letter warns Member States that the Commission “where necessary, is ready to initiate infringement procedures for non-communication or not-compliance” with the EU posting of drivers rules.
Very important for transport operators, and responding to IRU’s expressed concerns, the letter clearly specifies that “in the absence of national transposition measures, imposing on foreign operators national administrative requirements and control measures with respect to the posting of drivers not in line with the EU rules, and in particular imposing the use of national systems to submit posting declarations, is in violation of EU law.”
“We appreciate the European Commission’s efforts to clarify the posting of drivers rules, and to push Member States to fulfil their obligations in transposing the rules and duly informing operators. The current ambiguity caused by the delay in transposition and information creates legal, operational and financial uncertainty, which is counterproductive for employers and drivers alike”.
RALUCA MARIANIRU EU Advocacy Director