In short: The Mobility Package 1 was adopted on July 15, 2020 and profoundly changed international road transport through stricter cabotage rules, driver deployment, and rest periods. The most controversial provision, the return of trucks every eight weeks, was annulled by the EU Court of Justice through the decision of October 4, 2024; the rest of the rules remain in effect. From July 1, 2026, the regime also extends to vehicles over 2.5 tons used in international or cabotage transport.
The European Parliament approved on 09.07.2020, with a majority of votes, the formalization of discriminatory practices in European road freight transport through the adoption of controversial legislative proposals Mobility Package 1, Without taking into account the unprecedented emergency situation in which the European Union finds itself, and ignoring the economic reality with which the road transport sector is already facing, which is already severely affected by the COVID-19 crisis.
The European Parliament’s decision marks a turning point for the European Union, by abandoning the basic principles of the single market, such as the free movement of persons and services. Under pressure from national political interests, the Members of the European Parliament approved major European regulations without a solid analysis, in contradiction with the EU Treaties and with the objectives of the EU Environmental Pact.
Estimated losses
Experts warn That the Mobility Package 1, the provisions of which will apply starting this year, will have a strong negative effect on Romanian carriers and on Romania, with major economic consequences. In the medium and long term, Romania he will lose approximately 200,000 professional drivers, including their families, will face an unprecedented crisis in the labor market. At the same time, we estimate that we will lose 30% Romanian transport operators that will not be able to survive the coronavirus crisis, and half of the remaining companies operating in international road transport will leave Romania before 18 months, the deadline for the entry into force of all the provisions of the Mobility Package 1.
The imposed obligations
It should be noted that although the changes to European regulations brought about by the Mobility Package 1 will theoretically apply on equal terms to all Member States, in reality their impact is significantly different. Romanian and Eastern European transport operators will be the most affected, as the proposals in the Mobility Package 1 make it impossible for companies from Eastern Europe to carry out international road transport in Western Europe.
- The obligation for trucks to return home every 8 weeks.
- Restricting cabotage by introducing a 4-day restriction period, as well as applying cabotage rules to initial or final road sections undertaken in a host Member State as part of combined transport operations between Member States.
- Forced implementation of the Rome 1 Regulation in the road transport sector, together with the restrictive provisions of the special law implementing the rules for the deployment of drivers in road transport which establish the exception from the rules of deployment for bilateral transport and transit, and a maximum of 2 international cross-trade road transport operations.
- The mandatory return of drivers every 3 or 4 weeks and the ban on taking the normal weekly rest break in the cabin. Companies are required to organize the return of their drivers to a specific location – the operational center of the member state of the company’s establishment or the driver’s place of residence.
- Vehicles over 2.5 tons operating in international transport They will be included in the rules regarding access to the market (cabotage) and to the profession (licensing), and the measure will apply 21 months after the entry into force of the new rules established by the Mobility Package 1. Also, vehicles over 2.5 tons operating in international transport or cabotage will be included within the scope of the rules regarding driving and rest times from July 1st, 2026.
When do the provisions of the Mobility Package 1 apply?
The Mobility Package 1 will come into effect upon publication in the EU Official Journal, but the implementation of its provisions will begin on various dates after publication:
- The rules on secondment will apply 18 months after publication.
- The rules regarding driving and rest times, including the return of drivers, will apply 20 days after publication.
- The rules regarding the return of trucks home and other changes to market access rules will apply 18 months after publication.
Romanian carriers have been permanently calling for the rejection of the project supported by Western countries. After its adoption, representatives of the National Union of Road Carriers of Romania (UNTRR), and the Romanian MEPs have asked the Romanian Government to challenge this legislative package before the EU Court of Justice (CJUE) in order to support the interests of the domestic transport sector.
Frequently asked questions about Mobility Package 1
What is the Mobility Package 1 and when does it apply?
Mobility Package 1 is the set of three European acts adopted on July 15, 2020 and published in the EU Official Journal on July 31, 2020: Regulation (EU) 2020/1054 on driving and rest times, Regulation (EU) 2020/1055 on access to the market and profession, and Directive (EU) 2020/1057 on the posting of drivers. The provisions have entered into force in stages, from August 2020 until July 1, 2026.
Has the obligation to return trucks every 8 weeks been canceled?
Yes. By the judgment of 4 October 2024, delivered in the related cases C-541/20 – C-555/20, the Court of Justice of the European Union annulled the obligation for vehicles used in international transport to return to an operational center in the Member State of establishment at least once every eight weeks. The Court held that the measure is disproportionate. Specifically, Article 1, point 3 of Regulation (EU) 2020/1055, which introduced this requirement in Article 5 of Regulation (EC) No 1071/2009, was annulled.
Are drivers still required to return home after the Court’s decision?
Yes. The obligation to return drivers has not been canceled. According to Regulation (EU) 2020/1054, the company must organize the activity so that the driver can return to the operational center in the member state of establishment or to their place of residence every four consecutive weeks, or three weeks if they have taken two consecutive reduced weekly breaks. The ban on performing the normal weekly rest in the cabin remains valid as well.
How does the cabotage rule and the four-day waiting period work?
A vehicle may carry out a maximum of three cabotage operations within seven days of the unloading of the international transport in the host Member State. After the last operation, the same vehicle may no longer carry out cabotage in that Member State for four days, a period called the cooling-off period. The rule is provided for by Regulation (EC) No 1072/2009, as amended by Regulation (EU) 2020/1055, and applies from 21 February 2022.
What changes will take effect from July 1, 2026 for vehicles over 2.5 tons?
From July 1, 2026, vehicles with a maximum authorized weight of over 2.5 tons used in international freight transport against payment or in cabotage fall under the scope of the rules regarding driving and rest times and must be equipped with a tachograph. The obligation of the Community license for these vehicles already exists since May 21, 2022. In practice, operators of light utility vehicles fall under a control regime close to that of heavy transport.
Which transports are exempt from the rules regarding the deployment of drivers?
The specific rules for posting from Directive (EU) 2020/1057 apply from February 2, 2022. Bilateral transport operations and transit through member states are exempt, while cabotage and, as a rule, cross-trade operations fall under the scope of posting. The posting declaration is submitted exclusively through the European public interface connected to the IMI system; the old national notification systems are no longer valid for road transport.
How does a carrier prove that it complies with the rules of the Mobility Package 1?
Evidence is mainly provided by data from the digital tachograph, transport documents such as the CMR consignment note, and departure declarations from the IMI system. The tachograph data must be downloaded and periodically archived, and drivers must correctly enter the country symbol when crossing the border. A fleet GPS monitoring system helps to correlate routes with rest periods and cabotage operations in case of control.
