European Commission to initiate Mobility Package infringement procedures

road capacity recently reported that the International Road Transport Union (IRU) had revealed a letter written by European Commissions Director-General Henrik Hololei, in which he states that the European Commission (EC) is ready to initiate infringement procedures for non-communication or non-compliance against member states that haven’t implemented the rule on posting drivers.

The letter warns 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.

The letter also reveals that the EC is concerned about administrative issues: “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.” has since revealed that over 80.0% of EU states have received infringement letters. 22 out of 27 EU member states have received letters concerning a “lack of transposition” with regards to the legislation.

However, the IRU reported that 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 a meeting held on Friday 11 March between the IRU and the EU Road Transport Committee, the committee adopted legislation that established elements for the enforcement of the Mobility package 1. These include:

  • 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 on law-abiding road transport companies. The risk rating of operators is expected to be available to enforcers at the roadside in August 2023.

According to the IRU, although countries have the obligation to transpose and publish the information on the conditions applicable to posting in their countries, few countries have shared this information in a user-friendly manner. The IRU stated that it is urging 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.”

Source: Transport Intelligence, 12 April 2022

Author: Nia Hudson