TRU, Alm.del - 2017-18 - Bilag 255: Materiale om vejpakken til TRU efter møde 3/4 og forud for møde 5/4

Transport-, Bygnings- og Boligudvalget 2017-18
TRU Alm.del Bilag 255
Offentligt

“Fair Mobility”

Clear and balanced rules

for international transport

TRU, Alm.del - 2017-18 - Bilag 255: Materiale om vejpakken til TRU efter møde 3/4 og forud for møde 5/4

‘FAIR MOBILITY’

- CLEAR AND BALANCED RULES FOR

INTERNATIONAL TRANSPORT

Clear and more balanced rules for posted workers is needed. Also in the transport sector.

The new rules on posted workers and the Mobility Package proposed by the European

Commission are important steps in the right direction towards better working conditions

and fair competition.

As the trade union representing drivers in Denmark, we agree with the Commission, and a

number of important stakeholders in the transport sector, that the rules for posted workers

must be adapted to fit the highly mobile and cross-border nature of international transport

– whilst maintaining the aim of ensuring clear, fair and enforceable rules.

In this context 3F Transport proposes a new approach to bridging the posting of workers

directive to the transport sector. 3F Transport believes that this proposal accommodates

the various concerns and needs that have been voiced in the debate since May 2017.

The proposal targets international transport. But it cannot stand alone. Clear and balanced

rules for international drivers must be backed by rules on driving time and rest periods,

tachographs, cabotage and combined transports, which all facilitate better enforcement in

the Member States – not least digitally.

Yours sincerely,

Jan Villadsen,

President of 3F Transport

TRU, Alm.del - 2017-18 - Bilag 255: Materiale om vejpakken til TRU efter møde 3/4 og forud for møde 5/4

The present proposal smartly targets the types of trans-

port that allow for business models, which can extort

the market and provide insecurity regarding the level of

remuneration, tax, insurance or the quality of work-life

balance for drivers, while exempting simple export-import

operations, which do not risk distorting the market.

This is proposed by differentiating between two types of

international transport operations: simple ‘export-import

operations’ should be exempted from the posting of

workers rules, while ‘third-country operations’ should be

fully covered by the Posting of Workers Directive from day 1.

TRU, Alm.del - 2017-18 - Bilag 255: Materiale om vejpakken til TRU efter møde 3/4 og forud for møde 5/4

THE ‘PRINCIPLE OF NEXT DESTINATION’

Third country operations are types of

international transport operations, where

the driver, employed in country A (the

home country of the transport company),

conducts an operation from country B to

country C.

Such drivers are neither working from

nor guaranteed to return to the country of

employment. They are de facto working

as posted workers. Therefore, a new set of

rules should enter into force, that brings

international ‘third-country’ carriage

operations under the scope of the Posting of

Workers Directive.

The individual operation begins and ends

with the loading of goods. Unloading does

not end the individual operation and as a

consequence the individual operation may

comprise an unladen journey.

TRU, Alm.del - 2017-18 - Bilag 255: Materiale om vejpakken til TRU efter møde 3/4 og forud for møde 5/4

TRU, Alm.del - 2017-18 - Bilag 255: Materiale om vejpakken til TRU efter møde 3/4 og forud for møde 5/4

EXEMPTION OF SIMPLE

EXPORT-IMPORT OPERATIONS

Simple ‘export-import operations’ are types of international

transport operations, that either begin or end in the Member

State where the driver is employed. This includes simp-

le operations, where a driver drives goods from

country A, the country of employment (the home

country of the transport company), to country

B, a destination in a different EU country and

directly returning to country A.

Such transport operations should be carried

out as a minimum according to the employ-

ment conditions of the country of employment of the

driver.

This type of international transport is not a result of busi-

ness models extorting the market, it does not entail pro-

blems with ‘nomadic drivers’ and unfair business practices;

neither does it cause insecurity regarding tax or insurance.

TRU, Alm.del - 2017-18 - Bilag 255: Materiale om vejpakken til TRU efter møde 3/4 og forud for møde 5/4

Simple ”export-import

operations

A driver employed by a

Hungarian transport com-

pany drives a load from

Hungary (Budapest) to

Sweden (Malmo) through

Slovakia, the Czech Republic,

Germany and Denmark.

The driver returns directly

from Sweden (Malmo) to

Hungary (Budapest) with a

new load through Poland and

Slovakia.

Such transport operations

should be carried out as a

minimum according to the

employment conditions of the

home country of the trans-

port company which employs

the driver.

Home country of the

transport company

TRU, Alm.del - 2017-18 - Bilag 255: Materiale om vejpakken til TRU efter møde 3/4 og forud for møde 5/4

FULL COVERAGE OF OTHER

‘THIRD-COUNTRY OPERATIONS’

Third country operations are types of international

transport operations, where the driver, employed

in country A (the home country of the transport

company), conducts an operation from country B to

country C.

Such drivers are neither working from nor guaran-

teed to return to the country of employment. They

are de facto working as posted workers. Therefore,

a new set of rules should enter into force, that

brings international ‘third-country’ carriage ope-

rations under the scope of the Posting of Workers

Directive.

The individual operation begins and ends with

the loading of goods. Unloading does not end the

individual operation and as a consequence the indi-

vidual operation may comprise an unladen journey.

TRU, Alm.del - 2017-18 - Bilag 255: Materiale om vejpakken til TRU efter møde 3/4 og forud for møde 5/4

Third country operations

A driver employed by a Hungari-

an transport company drives a

load from Spain (Madrid) to

Sweden (Malmo) where it is

unloaded through France,

Germany and Denmark. This

operation should be carried out

as a minimum according to the

employment conditions of

Sweden.

The same driver employed by

the Hungarian transport com-

pany picks up a new load in

Sweden (Malmo) and drives it to

Belgium through Germany. This

operation should be carried out

as a minimum according to the

employment conditions of

Belgium.

Such transport operations

should be covered by the

Posting of Workers Directive.

The governing ‘principle of next

destination’ is clear in determi-

ning which national terms and

conditions of employment

should apply.

Home country of the

transport company

TRU, Alm.del - 2017-18 - Bilag 255: Materiale om vejpakken til TRU efter møde 3/4 og forud for møde 5/4

4 AIMS OF THE PROPOSAL:

Aim: To make rules clear and

balanced with a simple and

enforceable approach

Today, the price of a transport operation is

determined ahead, by taking into account the

national prices of fuel, national road taxes, nati-

onal rules and so forth. It is logic to include the

driver’s remuneration in this calculation.

In terms of control, a CMR (consignment note)

follows the goods in the truck today informing

about the sender, recipient, and country and

address of delivery.

It is proposed that in implementing the ‘princip-

Solution:

Exempting ‘simple export-import

operations’ from the Posting of Workers

Directive. All other international transport

operations (i.e. third country operations)

must be covered by the Posting of Workers

Directive from day 1.

In order to ensure clear rules and avoid

misinterpretation of the definition of the

length of an operation, any individual

operation begins and ends with the loading

of goods.

For each operation, the governing principle

in determining which national rules applies

under the Posting of Workers Directive is

the ‘principle of next destination’.

le of next destination’, it is proposed that the use

of an electronic CMR (eCMR) is made mandatory

and that this document includes information

on the contract of employment, as well as the

calculation of the driver’s remuneration.

Important for ensuring control is the use of

digital tachographs, which makes it easy for

national authorities to control that the recorded

driving corresponds to the information provided

in the eCMR.

Aim: To make rules for land

transport enforceable and

controllable

It is therefore proposed that the phase-in and

use of eCMR and digital tachographs in all

vehicles happens within 3 years of the adoption

of the relevant legislation.

In terms of the costs, the purchase and montage

of a new digital tachograph costs maximum

around 1800Eur (based on an offer from Volvo

in Denmark).

Solution:

The logic of the ‘principle of next

destination’ flows from the fact that a transport

operation is planned ahead, and therefore the

most natural way is to carry out control retro-

spectively at the point of unloading.

TRU, Alm.del - 2017-18 - Bilag 255: Materiale om vejpakken til TRU efter møde 3/4 og forud for møde 5/4

Aim: To eliminate the most

pressing incentives to establish

and make use of so-called letter

box companies

Aim: To eliminate incentives for

practices that results in so-called

‘nomad-drivers’ and to improve

the basis for a better work-life

balance for drivers

Solution:

With the principle of ‘next desti-

nation’, the basis for the current practice of

establishing and using letter-box companies to

exploit loopholes in existing rules will largely be

eliminated.

All EU operators can drive freely on the Europe-

an market, and will enjoy the certainty of know-

ing which rules will apply when according to the

principle of same pay for the same work at the

same place. While there is no clear definition

or count of so-called ‘letter box’ companies, a

report from the Danish employer’s organisation

ITD, show that in 2013 49 per cent of Eastern

European trucks crossing the border in between

Denmark and Germany are owned by Danish

subsidiary companies.

The issue of nomad-drivers is significant. Accor-

ding to a COWI-report from Denmark ”Byways in

Danish Transport - COWI, 3F Transport and DTL

2016”, 88 per cent of Romanian, Bulgarian and

Macedonian drivers, driving in Denmark, have

been away from their home country in at least 2

weeks and live and sleep in the truck at average

for 7 consecutive weeks. They never drive in

their country of employment and 77 per cent

of them are employed in a company registered

in Romania or Bulgaria, from where they also re-

ceive instructions. The average pay is below 50

per cent of the normal pay level in Denmark.

Solution:

With the ‘principle of next destina-

tion’, the incentives for companies established

with the aim to exploit loopholes in existing

legislation is minimised. By applying the

rules of posting of workers to all third country

operations, this proposal targets the improve-

ment of the working conditions for the so-called

nomad-drivers, who will be ensured the local

conditions of employment in the countries they

operate in.

TRU, Alm.del - 2017-18 - Bilag 255: Materiale om vejpakken til TRU efter møde 3/4 og forud for møde 5/4

Transport

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