As a rule, drivers carrying out transport operations in EU Member States other than the Member State, where the employer of the driver has its establishment, are posted, with the exception of some specific situations, such as bilateral transports and transit.
The new special rules on Posting of Drivers (Lex specialis) aim at regulating the conditions of posting and remunerations of employees providing services in a European Union Member State other than the one in which their employer is established. The Lex specialis rules recognise that the nature of the road transport sector requires special rules designed for the posting of drivers.
A number of EU Member States have already adopted measures in this area, but this has resulted in a patchwork of non-harmonised and uncoordinated national legislation across the EU.
According to the new EU posting of drivers’ rules, as of 2 February 2022:
As regards EEA/EFTA countries, Directive 96/71/EC applies in the EFTA/EEA countries, as it was incorporated into the EEA Agreement, whereas the incorporation of Directive (EU) 2020/1057 is still pending.
As for Switzerland, Directive 96/71/EC is applicable pursuant to the Agreement between the Union and Switzerland on the Free Movement of Persons. However, Directive (EU) 2020/1057 is not a part of this agreement.
As for the UK, Directive (EU) 2020/1057 is not directly applicable to EU drivers posted in the UK or to UK drivers posted in the EU. The UK-EU Trade and Cooperation Agreement (TCA) sets specific rules concerning the posting of drivers. Drivers performing cabotage in the UK are to be considered posted in line with art. 463, paragraph 4, with reference to art. 462, paragraphs 3-7 (for EU operators paragraph 7) of the TCA.
Directive (EU) 2020/1057 (referred to below as “the Directive”) lays down specific rules with respect to Directive 96/71/EC and to Directive 2014/67/EU, both of which are legislative acts concerning the posting of workers in the framework of the provision of services. It distinguishes between types of transport operations to which rules on posting should apply and those to which posting rules should not apply. The general criterion for such distinction is the degree of connection with the territory of the host Member State.
More specifically, it results from Directive (EU) 2020/1057 that drivers carrying out transport operations in Member States other than the Member State where the employer of the driver has its establishment are posted when performing the following operations:
Directive (EU) 2020/1057, in its Article 1, paragraphs 11 and 12, specifies the administrative requirements that operators must fulfil to prove compliance with the rules on posting of drivers.
Prior to the posting the operator shall:
Conditions of posting and remunerations applicable in the various EU Member States
The portal allows operators to submit posting declarations to the Member State(s) where their drivers will be posted, and to receive requests from and submit documents to the Member State(s), in which their drivers have been posted.
Operators have to create first an EU Login and only then enter the portal to create their company account, which would allow them to register their drivers and create posting declarations.
EC PUBLIC INTERFACE TO ENTER POSTING DECLARATIONS
Common understanding & Enforcement rules
TRACE 2 project: training material on enforcement of MP1 rules
The TRACE (Transport Regulators Align Control Enforcement) 2 project aims to develop efficient and harmonized implementation of rules and changes introduced by Mobility Package 1.
In collaboration between CORTE, IRU, ETF, SQUARIS Consultants, and with the support of enforcer organizations ROADPOL and ECR, guidance and training material on the enforcement of new Mobility Package 1 rules were developed and are now available on the European Commission’s website here.
Training material
To organize training sessions for operators and drivers across the EU.
TRACE 2 Enforcement Guidance Document on Regulation (EC) No 1071/2009 as modified by Regulation (EU) 2020/1055 – Access to the Profession available here.
