30.03.2020
Movement of transport workers in the European Union – clarification on documents needed, to certify international transport activity
In its letter to the EU Member States of 26 March, the DG MOVE Director General clarified the meaning of “transport workers”, which, for the road transport sector, also covers professional drivers carrying out their tasks internationally.
In its Green Lanes Communication (see text in all EU languages) of 23 March, the EC set up the principle of the free movement of transport workers and requested Member States not to subject them to quarantine measures unless they are showing COVID-19 symptoms, as well not to request them to provide a doctor’s certificate or declaration. In their joint statement of 26 March, the EU Heads of States and Governments supported the EC Green Lanes Communication (see item 3), thus making it a joint commitment of all EU Member States.
In Annex 3 of the Green Lanes Communication, the Commission introduced an EU template for a certificate for international transport workers, to be signed by the employer, which certifies that the driver is carrying out professional activities in international transport. This template certificate is recommended for use by truck drivers travelling by other means of transport (such as bus or car, and not their truck), to certify their professional activity; this includes drivers driving LCVs who do not have a C or D licence. Professional drivers carrying out their international transport activities with their truck, do not need to have this certificate.
In summary, the driver’s ID document, its Certificate for Professional Competence (CPC), and the above certificate for international transport workers, as per Annexe 3 of the EC Green Lanes Communication, established and signed by the employer, should be accepted as sufficient proof of professional activities by the control authorities of EU Member States. No additional documents should be requested from professional drivers.
Source: IRU’s own analysis
Green lanes communication supported by EU Heads of States and available in all EU languages
The recent key European Commission communication on green lanes is now available in all EU official languages here.
Please note that in their latest statement (26 March), the EU Heads of States and Governments also expressed their support for green lanes with the following statement: “Where temporary internal border controls have been introduced, we will ensure smooth border management for persons and goods and preserve the functioning of the single market, based on the Commission guidelines of 16 March 2020, in accordance with the Schengen Borders Code, and the Commission's guidance on the implementation of "green lanes".
This confirms that the implementation of green lanes is a joint commitment of all EU Member States.
Source: IRU
27.03.2020
On 26 March, DG MOVE Director General, Henrik Hololei, sent a letter to EU Member States requesting them to communicate to the European Commission (EC) services (through a single email address [email protected]) their national measures regarding the COVID-19-related emergency prolongation of the validity of licences and certificates issued to individuals and professional carriers and workers. He also invited national authorities to take this information into account when enforcing the relevant regulatory provisions, in particular regarding professional carriers and workers performing international activities.
The information provided by Member States to the EC, should contain, as a minimum, the following:
- The relevant EU (or national) legislation and specific provision(s)
- A short description of the measure
- The envisaged duration of the extension (date, from-to)
To ensure that national authorities are informed of exceptional measures taken by other Member States, the EC will publish the national information on its Coronavirus transport platform.
Please note that this is a first general statement, to be followed by “specific legal requirements (EU or national) liable to be affected by this situation will be identified and communicated as soon as possible”. DG MOVE services are currently working on this list, including for road transport, and intends to publish it as soon as possible. A dedicated IRU Flash Info will immediately follow.
Source: European Commission
IRU clarifications regarding the exemptions granted by the various EU Member States to driving and rest time rules – Regulation (EC) No 561/2006
A number of EU Member States have granted temporary derogations from driving and rest time rules, pursuant to the provisions of Article 14(2) of Regulation (EC) No 561/2006.
The latest official information from the European Commission can be found at its dedicated website at https://ec.europa.eu/transport/modes/road/social_provisions/driving_time_en, under “COVID-19 - Temporary relaxation of drivers' hours rules”.
Following several discussions among experts and with the services of the European Commission, the following clarifications can be made:
· When these exemptions are granted by EU Member States to international transport (in most cases, but not in all), they apply to all drivers of EU-registered companies on the territory of the given EU Member State;
· Enforcement authorities of the various EU Member States have been and will continue to be informed of the various temporary exemptions introduced by the EU Member States, so that they take them into consideration when controlling drivers at the road side;
· The European Commission services have formally sent the list of exemptions to the UNECE Secretariat, with the objective to inform also the competent authorities of the AETR Contracting Parties, which are not EU Members, about these exemptions, so that they could possibly be taken into consideration, when EU drivers are subsequently controlled on the territories of AETR Contracting Parties, which are not EU Members;
· As a rule, these EU Member States’ exemptions given under the EU Regulation (EC) No 561/2006, are not applicable to drivers from companies registered in AETR Contracting Parties, which are not EU Members. One EU Member State (Poland) has formally and explicitly stated that the exemptions granted on the Polish territory do not apply to drivers from AETR Contracting Parties, which are not EU Members. We therefore strongly recommend to drivers from AETR Contracting Parties, which are not Members of the EU, to respect the AETR Agreement rules.
· In exceptional circumstances of the kind drivers are currently meeting on the road and at borders, and according to the provisions of Article 9 of the AETR Agreement, drivers from AETR Contracting Parties, which are not EU Members, “… may depart from the provisions of this Agreement to the extent necessary to ensure the safety of persons, of the vehicle or of its load. The driver shall indicate the nature of and reason for his departure from those provisions on the record sheet of the control device or in his duty roster.”
· The IRU is in almost permanent contact with the services of the European Commission and the representative organisations of enforcers in Europe, to discuss, give and obtain advice on these issues.
