The European Commission has called on Belgium, Bulgaria, Denmark, France, Italy, Hungary, Malta, Poland, Slovenia and Finland to correctly transpose rules on posting of drivers. The Commission has also decided to open an infringement procedure by sending a letter of formal notice to Denmark and France for their failure to notify the Commission all measures transposing Directive (EU) 2020/1057 into national law.
In addition to the infringement letters, The Commission also decided to send “reasoned opinions” to Belgium, Bulgaria, Italy, Hungary, Malta, Poland, Slovenia and Finland, for their failure to notify the Commission that they have transposed all measures under Directive (EU) 2020/1057 into national law.
The aforementioned Directive sets EU rules for the posting of drivers in the road transport sector.
Among other things, it guarantees a driver’s right to be paid the salary of the country to which he or she has been posted and sets a clear legal framework for operators on conducting their operations (e.g., a closed list of administrative requirements and control measures). Member States had to adopt national measures to transpose the Directive by 2 February 2022.
“Denmark and France have not taken all the necessary measures to ensure the full transposition of the Directive into national law and/or have failed to notify the Commission of these measures. The Commission is therefore sending a letter of formal notice to the two Member States, which now have two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion,” says the European Commission.
The Commission adds that Belgium, Bulgaria, Italy, Hungary, Malta, Poland, Slovenia and Finland have not indicated, “in a sufficiently clear and precise manner”, all the national measures which they consider correspond to the different obligations imposed by the Directive.
“Therefore, the Commission has decided to send a reasoned opinion to these Member States that now have two months to respond and take the necessary measures. Otherwise, the Commission may decide to refer the case to the Court of Justice of the European Union,” concludes the statement by the European Commission.
