MIL-OSI Europe: Answer to a written question – Request for clarification of legal exemptions for Ukrainian lorry drivers transiting Romania – E-001659/2024(ASW)

1. Under the Agreement between the European Union and Ukraine on the Carriage of Freight by Road signed on 29 June 2022[1], Ukrainian hauliers are granted only limited rights for access to the EU market compared to the rights of the hauliers established in EU. The Ukrainian operators are only allowed to perform bilateral transport operations from or to Ukraine and transit the EU territory in case of operations with third countries. They do not have the right to perform cross border trade between Member States or cabotage within a Member State, unlike European hauliers. Ukrainian hauliers are required to comply with all the obligations resulting from the Agreement. Member States have the responsibility to enforce these obligations including by laying down effective, proportionate and dissuasive penalties.

The amending Agreement between the European Union and Ukraine signed on 20 June 2024[2] has clarified and reinforced control measures to enhance its implementation[3], including a system for monitoring compliance of road haulage operators.

2. The Agreement does not affect the competence and responsibility of Member States to control road transport activities, including to ensure that they do not involve any criminal or illegal activities such as human trafficking or drug smuggling.

3. Under the Agreement Ukrainian haulage undertakings are not granted the right to compete with EU hauliers for intra EU trade. Ukraine is a member of both the European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport[4] and the European Conference of Ministers of Transport (ECMT) Multilateral Quota System[5], Ukrainian haulage companies and drivers are therefore subject to the safety, social and competition standards contained in these agreements.

• [1] OJ L 179, 6.7.2022, p. 4, ELI: http://data.europa.eu/eli/agree_internation/2022/1158/oj
• [2] OJ L, 2024/1878, 2.7.2024, ELI: http://data.europa.eu/eli/agree_internation/2024/1878/oj
• [3] EU and Ukraine update and extend Road Transport Agreement: https://ec.europa.eu/commission/presscorner/detail/en/ip_24_3382
• [4] https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XI-B-21&chapter=11&clang=_en
• [5] https://www.itf-oecd.org/ecmt-road-transport-platform