CEMT Transport and Driver Posting – When Does the Obligation to Submit a Driver Posting Declaration Arise?

Many transport companies registered outside the European Union use CEMT permits to carry out international road transport operations across Europe. However, one of the questions frequently raised is: in which situations is a driver subject to the rules on driver posting, and when is it necessary to submit a posting declaration?

According to the general rules of Directive (EU) 2020/1057, posting occurs when international transport operations are carried out between countries other than the country where the carrier is established. In other words, when a Serbian carrier performs transport between two other countries (for example, Poland–Germany or France–Austria), such a transport operation is, according to the general criteria, considered a posting of the driver.

On the other hand, bilateral transport between Serbia and another country, as well as the return journey to Serbia, is generally not considered driver posting.

What Is Not Considered Driver Posting?

According to the rules of the Mobility Package, the following are not considered posting:

• Bilateral international transport operations between the country of establishment and another country;
• Limited additional activities under the 1+1 and 0+2 rules;
• Transit through a country without loading or unloading;
• Certain road legs of combined transport where they constitute a bilateral operation;
• The movement of an empty vehicle after unloading.

What Do the 1+1 and 0+2 Rules Mean?

Through its non-binding guidance, the European Commission has further clarified situations where additional loading and unloading operations are carried out during bilateral transport:

• The “1+1” rule allows one additional loading and/or unloading operation during the outbound journey from the country of establishment and one additional loading and/or unloading operation during the return journey without creating a posting obligation.
• The “0+2” rule provides that, if no additional loading or unloading activities were performed during the outbound journey, up to two such activities may be carried out during the return journey without creating a posting obligation.

Any additional operation beyond these limits may result in the driver being considered posted.

How Do These Rules Apply to CEMT Transport?

In CEMT transport, the situation is specific. After completing the initial bilateral transport operation between the country of establishment and another member country of the CEMT system, the carrier is allowed to perform up to three additional loaded transport operations between other countries before returning to its home country.

These additional transport operations are precisely the most important issue from the perspective of driver posting.

According to the general criteria of Directive (EU) 2020/1057, a driver would be considered posted during these additional international transport operations, i.e. from the completion of the bilateral transport operation from the country of establishment until the beginning of the bilateral transport operation returning to the country of establishment.

In practical terms, each additional CEMT transport operation between third countries may constitute a period of driver posting.

When Is a Driver of a Serbian Transport Company Considered Posted During CEMT Transport?

Below, we explain several examples of transport operations carried out under a CEMT permit.

EXAMPLE 1: A driver employed by a transport company established in Serbia starts a transport operation by loading goods in Serbia and unloading them in Warsaw (Poland). After completing the bilateral transport operation between Serbia and Poland, the vehicle continues with additional transport operations between other countries.In Warsaw (PL), the driver loads a full truckload of goods and unloads it in Berlin (DE). After unloading in Berlin (DE), the driver loads another full truckload and unloads it in Paris (FR). After unloading in Paris (FR), the driver travels with an empty vehicle to Lyon (FR), where new goods are loaded for the return trip to Serbia.

In this example, the Serbian carrier first performs a bilateral transport operation from Serbia to Poland and then continues with transport operations between Poland and Germany and between Germany and France. These transport operations between countries other than the carrier’s country of establishment constitute situations in which the driver is considered posted. Therefore, posting declarations are required for Poland, Germany, and France. The return transport operation from France to Serbia is considered a return to the country of establishment and does not require a posting declaration.

Note: Since Poland has introduced an obligation to register drivers from third countries even for bilateral transport operations, the driver must be declared for the period from entry into Poland until exit from Poland.

EXAMPLE 2: A driver employed by a transport company established in Serbia transports a full truckload of goods from Serbia to Warsaw, Poland (PL).After completing the bilateral transport operation between Serbia and Poland, the vehicle continues with additional transport operations between other countries.In Warsaw (PL), the driver loads a full truckload of goods and unloads it in Berlin (DE). After unloading in Berlin (DE), the driver travels with an empty vehicle to Paris (FR) to load goods. Following the loading operation in Paris (FR), the driver returns to Serbia 

In this example, the Serbian carrier first performs a bilateral transport operation from Serbia to Poland and then continues with a transport operation between Poland and Germany. After unloading in Berlin, the vehicle travels empty to Paris, where it loads goods for the return trip to Serbia.

Unlike the previous example, the driver does not perform a transport operation between two countries in France; rather, the driver only arrives with an empty vehicle at the new loading location.

Therefore, driver posting in this scenario applies only to Poland and Germany – in Poland, from the moment of loading until the vehicle exits Poland and in Germany, from the moment of entry into German territory until unloading is completed in Berlin. This example demonstrates that the mere presence of a vehicle in a particular country does not automatically create an obligation to submit a driver posting declaration. A proper assessment requires an analysis of the specific transport operation and the role performed by the driver in each individual country.

Note: Since Poland has introduced an obligation to register drivers from third countries even for bilateral transport operations, the driver must be declared for the period from entry into Poland until exit from Poland.

EXAMPLE 3: A driver employed by a transport company established in Serbia transports a full truckload of goods from Serbia to Warsaw, Poland (PL).After completing the bilateral transport operation between Serbia and Poland, the vehicle continues with additional transport operations between other countries.In Warsaw (PL), the driver loads a full truckload of goods and unloads it in Berlin (DE). After unloading in Berlin (DE), the driver loads another full truckload and unloads it in Paris (FR). After unloading in Paris (FR), the driver returns to Serbia with an empty vehicle.

In this example, the Serbian carrier first performs a bilateral transport operation from Serbia to Poland and then continues with transport operations between Poland and Germany and between Germany and France. After unloading the goods in Paris, the vehicle returns empty to Serbia, without loading any new goods in France.

In this scenario, the driver is considered posted in Poland from the moment of loading until leaving Poland, in Germany from the moment of entering German territory until leaving Germany, and in France from entering French territory until unloading is completed in Paris.

This example demonstrates that the posting period ends upon completion of the relevant transport operation, whereas the return journey to the country of establishment with an empty vehicle is not considered a new transport operation that would create additional posting obligations.

Note: Since Poland has introduced an obligation to register drivers from third countries even for bilateral transport operations, the driver must be declared for the period from entry into Poland until exit from Poland.

EXAMPLE 4: A driver employed by a transport company established in Serbia transports a full truckload of goods from Serbia to Paris (FR). The driver first unloads the goods transported from Serbia in Paris and then loads new goods destined for Berlin (DE). After unloading in Berlin, the driver loads new goods in Berlin and transports them to Warsaw (PL). After unloading in Warsaw, the driver loads another shipment and transports it to Linz (AT). In Linz, the driver unloads the goods from Poland and loads a new shipment for the return journey to Serbia.

In this example, after completing a bilateral transport operation from Serbia to France, the Serbian carrier continues with several consecutive transport operations between EU Member States: France–Germany, Germany–Poland and Poland–Austria. Only after the final operation in Austria has been completed does the vehicle return to Serbia.

Due to this organization of the transport route, the driver is considered posted in several EU Member States. The posting in France lasts from the beginning of loading in France until leaving France, in Germany from entry into Germany until leaving Germany, in Poland from entry into Poland until leaving Poland, while in Austria it lasts from entry into Austrian territory until unloading is completed in Linz.

This example illustrates how a single transport tour may trigger driver posting obligations in multiple Member States simultaneously. The greater the number of international transport operations between EU Member States, the greater the importance of properly managing driver declarations and supporting documentation, since each country applies its own control procedures and sanctions for potential non-compliance.

What is important for transport companies?

The biggest problem in practice arises when a carrier assumes that a CEMT permit alone is sufficient to carry out transport operations, while overlooking the obligations arising from the driver posting rules. For this reason, transport companies are advised to analyse each individual CEMT operation separately and check whether there is an obligation to submit a driver posting declaration in the countries where the transport is carried out.

EXPO provides support to transport companies in analysing transport operations, determining driver declaration obligations, and managing administrative requirements arising from European Union regulations.

Not sure when a driver posting declaration is required? Contact the EXPO team for expert assessment and support.