The requirement for the return of the heavy duty vehicles every 8 weeks to the Member State of establishment has been annulled

The Court of Justice of the EU has delivered  its judgment on the Cases for the annulment of some of the the Mobility Package I provisions, which were brought on 23 October 2020 by Bulgaria, Lithuania, Poland, Hungary, Romania, Malta and Cyprus, with Estonia and Latvia joining as supporing parties.

Bulgaria has made maximum efforts to completely repeal  the text for the return of the vehicle every 8 weeks in the Member State of establishment. With today's decision of the EU Court, this is already a fact.

The Bulgarian side and the like-minded countries have repeatedly presented and defended the well-founded  position that the return of the vehicles leads to an increase in the number of empty runs and an unjustified increase in harmful emissions, which is contrary to the goals set in the Green Deal. A study which was carried out by KPMG showed that the mandatory return of the heavy duty vehicles would lead to an increase in harmful emissions from the Bulgarian vehicle  fleet alone by 0.8%, the daily traffic at the borders would double, with a subsequent crossing time corresponding to an average of 33 hours per truck.

The European legislation should allow the adaptation of the heavy goods transport by road to the objectives of environmental sustainability. The repeal of the disproportionate provision for the return of the vehicle is a step in the right direction, which will reduce the number of empty runs and, accordingly, the level of harmful CO2 emissions.

The Bulgarian side is aware of the fact that the Mobility Package I is a complex legislative package, ensuring a balance between the observation of the basic principles for the functioning of the Single Market and the improvement the working conditions of drivers.

In this regard, the Bulgarian side welcomes the introduced legal clarity and certainty regarding the provision on the return of the drivers to their place of residence every 4 weeks, with which the drivers will have the right to choose the place to use their weekly rest, and employers will be obliged to organize the work process according to way allowing the return to the Member State of establishment.

Bulgaria will continue to work towards improving the working conditions of drivers, as well as ensuring non-discriminatory and proportionate rules for the provision of freight transport services in the EU.