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In a meeting on Wednesday, the government will decide to turn to the ECJ with a view to partially repealing the Mobility Package and two related EU regulations. If you agree to go to court, the Ministry of Justice will prepare a complaint and take other procedural steps.
According to the Ministry of Transport and Communications, the separate provisions of EU legislation on the mandatory return of tugs to the country of establishment, cabotage restrictions, driver assignment and rest rules, when infrastructure is not provided correspondingly, they do not satisfy the political and economic interests of Lithuania and adversely affect businesses.
“In view of this, it is appropriate to dispute the legality of the Mobility Package and seek to repeal the provisions of the EU legal acts that are unfavorable for Lithuania. (…) In the event of a favorable decision by the ECJ, the disputed provisions of the Mobility Package would be repealed from the moment the EU legal acts come into force, and Lithuania would obtain a new negotiating position on the revision of these EU legal acts, ”the ministry said in a letter.
It points out that certain provisions of the mobility package will also negatively affect the interests of other Member States, such as Poland, Latvia, Estonia, Hungary, Romania, Bulgaria, Cyprus, Malta, and are therefore likely to intervene or take independent action. proceedings filed by other member states before the ECJ.
According to the Ministry of Transport and Communications, the provision of the Mobility Package on the mandatory return of the vehicle to the place of establishment is not in line with the objectives of the European Green Course and the objective of ensuring that the EU becomes a climate neutralized region by 2050. Imposing the obligation to return a truck can reduce the efficiency of the transportation system and increase unnecessary emissions, pollution and congestion.
It is also noted that the provisions of the Mobility Package on the compulsory return to the place of establishment, restrictions on cabotage and the rules on the posting of workers restrict the application of the freedoms of the internal market (freedom of establishment, movement of workers and free provision of services) in transportation.
“Lithuania’s position should aim to promote equal treatment of the functioning of the internal market in all areas of Union policy, avoiding the segmentation of the internal market, the different interpretation and application of the freedoms of the internal market and the competition rules in individual areas of Union policy, “the ministry said.
According to the Ministry, most of the activities of companies in the Lithuanian transport sector are transport operations in other Member States. More than 40 thousand. Lithuanian registered trucks carry out international freight transport on a daily basis. The share of international freight transport by Lithuanian carriers in the total freight transportation of the country’s carriers reaches 91.8%. and it is the largest in the EU.
Lithuania has one of the largest truck fleets in terms of population and in total some 160,000 people work in the transport sector in Lithuania. persons.
It is estimated that almost 35,000 people may become unemployed due to the controversial provisions of the Mobility Package. people working in this sector, who may need 111 million in unemployment benefits. 102 million euros are available. The loss of budget revenue and the negative impact on the country’s economy could reach 1.6 percent. Gross domestic product (GDP).
The mobility package was adopted by the European Parliament in July. The package is mainly supported by former Western European EU members such as Germany and France.
Probably the most debated provision is the obligation for tractors to be regularly returned to their country of registration. The initiators of the new rules say it will help combat fake carriers when they set up shop somewhere and operate elsewhere to cut costs.
Eastern Europeans say the new regime will drive peripheral transport companies off the market and increase road pollution.
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