Malta is considering mounting legal action after the European Council voted to adopt new transport rules that will have far-reaching effects for the freight industry operating on the fringes of the European Union.
MEPs voted to adopt the Mobility Package on Wednesday, introducing new rules to reform the truck-driving industry.
In principle, the rules are intended to improve working conditions for truck drivers and ensure fair competition in the freight industry.
Truck drivers in international freight transport must now return home at more regular intervals and can only spend up to four weeks on the road at a time.
The mandatory rest period can no longer be taken in the cab of the truck, with drivers having to find suitable accommodation if they cannot be at home.
The new rules have also put restrictions on cabotage operations, with trucks having to return to the company’s centre of operations every eight weeks.
Additionally, cabotage freight trips will only be allowed to make three stops in a single country, after which the vehicle must leave the country for a period of four days in order to be allowed to continue cabotage operations with the same vehicle.
“The adoption of the Mobility Package will have negative impacts on the sector, both economically as well as regarding supply flows,” a spokesperson for the Transport Ministry said.
“Malta is concerned on the negative effects such adoption will have on local hauliers, our economic cohesion to the EU Internal Market and the economy in general, as well as environmental aspects.
“We are not opposed to giving drivers mandatory rest periods – which has a social justification – but the rules for the return of the vehicle and the new restrictions on cabotage are expected to reduce competition, increase costs and have a negative impact on the environment without any tangible benefits.”
The spokesperson said that the government is considering moving forward with legal action at the European Court of Justice, which could only start after the final approval of the mobility package had been approved.
The adoption of the Mobility Package will have negative impacts on the sector
The Lithuanian government has already announced similar intentions for legal action, while in a statement the European Commission expressed concern that the rules went counter to the European Green Deal’s objectives and urged for further data.
While rules on truck returns and market access will come into effect 18 months after publication in the Official Journal of the EU, those relating to the return of truck drivers come into effect just 20 days after posting.
Chairman and CEO of Express Trailers Franco Azzopardi said the decision to adopt the Mobility Package with no amendments was “disappointing” and criticised the move as “protectionist”.
“Inherently in the way we do business, we specialise in groupage,” he said.
“Because the Maltese don’t import or export in large quantities, one trailer has the cargo of many customers, and therefore makes many stops on the journey to fulfil them.
“With the new rules, I will effectively only be able to carry out three operations a week.
“I don’t understand, when the EU preaches freedom of movement and freedom of the market, how these are reasonable restrictions. I have to give up my work to the Italians or the French. I feel like I need an explanation.”
The new policy will also bring about additional costs with trucks having to return to base every eight weeks.
“The truck takes about a week to get from the continent to Malta and back,” Azzopardi said.
“Over the year, that will amount to six-and-a-half weeks when a truck will be making a dead trip. To make up for that, we’ve estimated we’ll need an additional truck for every eight that we already own. That’s not a joke... every truck costs in the region of €110,000.”
Additionally, the new rest regulations would necessitate thousands of bed nights a year to be spent in accommodation on the road.
“I’m confused at how the situation has ended up,” he said.
“It feels like you’re being kicked around by a bully you have no means to fight.”
MEP candidate Peter Agius criticised the government for being slow to act. He told Times of Malta the reform had been proposed over two years ago, when Malta was hosting the EU presidency.
“We had two years to make changes in the proposed legislation. The Maltese government only intervened in February, way after negotiations had already been concluded,” Agius said.
“MEPs wouldn’t vote against it if it means it would kill deals they had already brokered. To modify at that stage would mean seeing your agreement to get something done going up in smoke.”