EN Official Journal of the European Union CE 33/119

(2004/C 33 E/119)

WRITTEN QUESTION E-1433/03

by Theodoras Bouwman (Verts/ALE) and Rijk van Dam (EDD) to the Commission

(24 April 2003)

Subject: European driver attestation and suspected misuse of ECMT permits

With effect from 19 March 2003, transport companies in the EU are required to use a driver attestation for drivers from third countries working for them.

Can the Commission indicate to what extent the Member States are complying with the requirement that took effect on 19 March 2003 on the use of the driver attestation for drivers from third countries, in accordance with Regulation (EC) No 484/2002 (1)?

Does the Commission agree that the fact that the requirement to hold a driver attestation under Regulation 484 does not apply to ‘third country drivers’ working for transport companies from third countries in which EU transport companies have a (majority) stake is a serious gap in the law, and one that must be dealt with? If so, what does the Commission propose to do?

Does the Commission agree that the fact that companies and drivers from third countries that use an ECMT permit for transport within the EU, in which they are operating virtually without restriction (in terms of time) throughout the EU's territory, in effect constitutes improper use of the permit, and that the situation should be dealt with?

Does the Commission agree that it is undesirable for drivers from ‘third countries’ to hire themselves out to European transport companies as ‘independent drivers’, thus evading the requirement to hold a European driver attestation? What steps can and will the Commission take to put an end to such practices?

Answer given by Mrs de Palacio on behalf of the Commission

(10 June 2003)

The Regulation is a legal instrument directly applicable in all Member States. The Commission has not so far received any complaints regarding failure to apply this Regulation.

In the Commission's opinion, the situation described by the Honourable Members does not constitute a ‘gap in the law’ since, in practice, non-EU transport companies' rights of access to the European road haulage market are limited to permits issued by the ECMT (European Conference of Ministers of Transport), as described below, and under specific bilateral agreements (triangular authorisations). The common rules can be applied to non-EU countries only subject to agreements which would have to be negotiated with those countries, and it would be unnecessarily complicated to enter into negotiations for a number of agreements (involving long, difficult procedures) given the limited nature of the access rights in question. Furthermore, Regulation (EC) No 484/2002 (2) amends Regulation (EEC) No 881/92, which applies only to European Union territory. Lastly, the measure which the Honourable Members advocate, requiring merely that the terms of employment comply with the regulations of a non-EU State, would not serve to harmonise the conditions of competition with those in force within the European Union.

The ECMT system is autonomous and is not governed by Community law. The Commission is not therefore competent to give an opinion on holders' use of ECMT permits. Nonetheless, the Honourable Members' concerns about permit misuse have been raised at meetings of the ECMT members and a decision was taken at the last ministerial-level meeting to reform the permit system and to require hauliers to return to their country of origin at the end of at most a six week period. This reform will be put into effect on an experimental basis for a period of one year commencing 1 January 2004.

The purpose of the Regulation on driver attestation is to make it possible to check whether drivers are employed lawfully. Self-employed activities are outside the scope of the Regulation.

(1) OJ L 76, 19.3.2002, p. 1.

(2) Regulation (EC) No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation, OJ L 76, 19.3.2002.