A level playing field among EU Member States is among top objectives of Mobility Package I. Unfortunately, hauliers form peripheral EU Member States are to be put in an disadvataguous position vis-à-vis non-EU hauliers.
If both EU and third countries are subject to posting, it is completely unclear how the European Commission and EU Member States will ensure the enforcement of number of the requirements by third countries’ control authorities. It is of great concern of the industry that i.e. roadside checks, checks at the premises, registration to risk rating system and other obligations will remain unfulfilled.
The problem of enforcement in third countries is key to the many EU’s peripheral hauliers who are in direct competition with the transport companies established outside the EU and work in a politically sensitive environment. The absence of a coercive power to make Mobility Package applicable in third countries will put EU hauliers in disadvantageous position. Furthermore, if non-compliant third country hauliers were to be inspected and sanctioned in any EU Member State the reciprocal measures from EU neighbours (e.g. extra administrative requirements or reduced number of permits) would be inevitable.
Therefore, to compensate the fact that third country operators and their competent authorities are not subject to the EU rules, there have to be harmonized control regime (monitored and regularly reviewed by the European Commission) in place ensuring deterence of any systemic incompliance with the proposed rules.
