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Lithuania to refer to the Court of Justice of the European Union because of harmful provisions of the Mobility Package

Date

2020 09 02

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In order to defend national economic interests and to protect the carriage business from unequal competitive conditions, Lithuania is going to refer to the Court of Justice of the European Union (CJEU) asking to annul the Mobility Package that was adopted this year. The Government approved this decision initiated by the Ministry of Transport and Communications and the Ministry of Justice.

 

“As the Mobility Package demands for compulsory return of a truck to its registration country and sets restrictions on cabotage, it introduces direct market restrictions inside the EU, which will also increase significantly the environmental pollution caused by commercial road transport. Moreover, it does not safeguard the development of rest infrastructure necessary for drivers, thus ignoring he conclusions of investigations carried out by the European Commission. Together with other Member States that think alike we have raised these issues numerous times on the EU level, and thus we are also going to dispute together lawfulness of these provisions of the Mobility Package”, – says Minister of Transport and Communications, Mr. Jaroslav Narkevič.

 

The referral to the CJEU will help Lithuania to safeguard that the national carriers would not be discriminated, would not encounter unequal competitive conditions, application of groundless and disproportionate requirements that would grant competitive advantage to the carriers from other countries in the united EU market. The International Road Transport Union has also named risk of negative impact of the Mobility Package on the road transport sector. It considers that return of a truck may generate up to 100 000 tons of additionally emitted CO2 per year. In consideration to possible hazard to the objectives of the Green Course, the European Commission is also assessing the aforementioned provision at present. According to the data of other investigations carried out by the European Commission earlier, there are approx. 7000 certified safe rest places in the Member States of the European Union, while up to 400 000 places per day may be needed.

 

According to many transport companies in Lithuania and the EU Member States and the organizations that are representing them, if the defects of the Mobility Package are not corrected, the market of cargo carriage by roads will be redistributed artificially and the business opportunities for the Lithuanian carriers will be restricted in other Member States. The Member States will also encounter additional burden in attempt to reduce CO2 emissions in the road transport sector.

 

The major part of business of the Lithuanian transportation companies is conducted in other EU Member States. The part of international carriage of goods in the activities of the national carriers is the biggest in the EU – 91,8 percent of carriages are international and only approx. 8 percent are local.

 

It should be noted that the European Commission is assessing consequences of the Mobility Package at present. The results are expected before the end of this year. We hope that new performance peculiarities of the carriers caused by the pandemic will be also taken into consideration.

 

Individual provisions of the Mobility Package will also have negative impact on the interests of other EU Member States, for example, Poland, Latvia, Estonia, Hungary, Romania, Bulgaria, Cyprus and Malta. They are also planning to refer to the CJEU.