The European Commission has published the first part of the questions and answers on the qualification of transport performed by drivers. The document is aimed at explaining the situations in which the driver will and will not be treated as posted to the host country. The first version of the freight guidance document has been made available in English so far. It is to be translated soon, among others into Polish, and made available on the Commission website. Further materials on passenger transport and combined transport will be published at a later date.
The guidelines are available at:
https://transport.ec.europa.eu/transport-modes/road/mobility-package-questions-and-answers_en
Posting rules – the mobility package
After the application of the mobility package, the rules of being qualified as posting will change depending on the type of transport operations performed.
The following will not qualify as posting:
- transit (transport without loading or unloading);
- bilateral transport operations (international transport to the country of establishment or from the country of establishment) with a maximum of two additional loading/unloading operations (additional conditions to be met).
- the initial or final leg of a combined transport operation as defined in Council Directive 92/106/EEC, where the road leg has a nature of an international bilateral transport operation.
On the other hand, what will qualify as posting, are companies performing:
- cabotage operations;
- cross-trade operations (international transport other than transport to / from the country of establishment).
Here are some examples of sections analysis.
Bilateral operations and empty transport:
A driver employed by a company based in Poland transports a whole truck of goods from Poland to France. After unloading in France, the driver drives to Italy empty. On the territory of Italy, he loads the goods to Poland, then on the territory of Austria it performs another loading operation of the goods to Poland.
All transports performed by the driver are excluded from posting:
- Bilateral transport PL-> F
- Empty transfer F-> I
- Bilateral transport I-> PL
- Bilateral transport A-> PL
Bilateral transport and added loads:
A driver employed by a company based in Poland transports goods from Poland to France. During the transport, he loaded more cargo in Germany and unloaded it in Belgium. Then he completed the transport from Poland, unloading the goods in France. In France, the driver loaded the return cargo to Poland. During the transport between France and Poland, he added more cargo in Germany and unloaded it in the Czech Republic. Then he continued the transport to Poland, where he unloaded the goods from France.
All transports performed by the driver are excluded from posting:
- Bilateral transport PL-> F, during two-way transport from Poland, the driver has the option to load and unload the goods once:
- Additional operation: D-> BE
- Bilateral transport F->PL, during two-way transport to Poland, the driver has the option to load and unload the goods once:
- Additional operation: D->CZ
Bilateral transport and additional loads:
A driver employed by a company based in Poland transports goods from Poland to France. In France, the driver loaded the return cargo to Poland. During the transport between France and Poland, he added more cargo in Italy and unloaded it in Austria. Then, he made another additional loading operation in Germany and unloaded the cargo in the Czech Republic. After the unloading, he continued the transport to Poland, where he unloaded the goods from France.
All transports performed by the driver are excluded from posting:
- Bilateral transport PL-> F
- Bilateral transport F-> PL, during bilateral transport to Poland, the driver has the option to load and unload the goods twice, if during the bilateral transport from Poland they have not performed any additional operation:
- Additional operation: I-> A
- Additional operation: D->CZ
Bilateral transport and cross-trade:
A driver employed by a company based in Poland transports goods from Poland to Germany. After unloading in Germany, he makes a cross-trade operation from Germany to France, then another cross-trade operation from France to the Czech Republic. In the Czech Republic, after unloading the goods from France, he loads the return cargo to Poland.
Transports excluded from posting:
- Bilateral transport PL->D
- Transit through Belgium and Luxembourg during the transport D-> F
- Transit through Germany during the transport F->CZ
- Bilateral transport CZ-> PL
Transports covered by posting:
- Cross-trade D-> F
- Cross-trade F-> CZ
The driver is posted to Germany after unloading under the bilateral PL-> D transport operation, at the beginning of the journey to the D-> F cross-trade place of loading. The posting to Germany ends when they leave this country. Transit through Belgium and Luxembourg is excluded from posting. In France, the driver only performed cross-trade operations, so he is posted to this country from crossing the border until leaving the country. Transit through Germany in F-> CZ cross-trade operation is excluded from posting. Posting to the Czech Republic begins at the time of entry to this country and ends when the cargo from France is unloaded.
Bilateral transport and cabotage:
A driver employed by a company based in Poland transports goods from Poland to Germany. After unloading cargo in Germany, the driver carries out two cabotage operations. Then he drives empty to the Czech Republic, where it carries out bilateral transport between the Czech Republic and Poland.
Transports excluded from posting:
- Bilateral transport PL->D
- Empty transfer to the Czech Republic
- Bilateral transport CZ-> PL
Transports covered by posting:
- Two cabotage operations in Germany
The driver is posted to Germany after unloading under the bilateral PL-> D transport operation, at the beginning of the journey to the D->D cabotage place of loading. The posting to Germany ends upon unloading the last of the cabotage loads. Empty travel to the Czech Republic for the purpose of carrying out transport operation to Poland is excluded from posting.
