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Requirements of the EU Mobility Package in 2022

Requirements of the EU Mobility Package in 2022
The mobility package is a set of requirements for EU transport companies that regulate road transport in the EU, labor and rest standards, rules for business trips, delegation, cabotage, the use of tachographs, etc.

In February 2022, the European Commission approved a set of innovations under the EU Mobility Package. In this regard, the Association "BAMAP" explained the main points of these rules.

From February 2, 2022, a new provision in Regulation 2020/1054 obliges the driver to register all border crossings in the European Union. To do this, the driver needs to mark the code of the country of entry in his tachograph, being at the first possible stop at the border or after it.

For the attention of carriers of the Republic of Belarus, the UNECE is discussing a way to implement the rules for the operation of smart tachographs in the European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR). Smart tachographs record border crossings automatically. Until the new requirements are included in the AETR, they cannot be applied to Belarusian drivers.

Also, the 2020 provisions continue to apply, according to which a driver who takes a rest of 45 hours or more is prohibited from spending this time in the cab. Requirements for a place of rest: it must be equipped for sleeping, equipped with proper infrastructure and sanitary conditions. The rule applies to all drivers staying in the EU, including Belarusians.

Directive 2020/1057 provides for the obligation of the transport company to submit posting declarations to the relevant authorities of the EU country where the driver is sent. The declaration is submitted through the IMI system. In addition, the carrier must notify the employee in advance of the upcoming expedition and pay remuneration in the amount typical for the state where he is going, as well as provide the vehicle with the necessary package of documents.

In particular, according to information received from the International Road Transport Union (IRU) and the French National Road Transport Federation (FNTR), carriers from countries outside the European Union still have to submit posting declarations to the portal of the German customs authorities in order to comply German law MiLoG, as well as the SIPSI system to comply with the French law Loi Macron.

According to the new requirement Regulation 2020/1055 from February 21, 2022, it is necessary to return the vehicle to the country where the carrier company is registered at least once every 8 weeks. The Regulation also provides for restrictions on the implementation of cabotage operations. 

The provisions of the Mobility Package come into force gradually and apply primarily to drivers working in transport companies in the European Union.

Rules that should be followed by Belarusian carriers at the present time:

  • The European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR);
  • bilateral agreements of the Republic of Belarus with foreign states on international road transport;
  • national acts of individual EU countries regulating the rules for sending drivers to these countries.

In case of disputes related to the rules of the Mobility Package on the territory of the European Union, transport companies that are members of BAMAP should inform the Association.

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