Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I thank the Deputy for raising this issue. As he is aware, the area of cabotage is not straightforward and there can be confusion as to what is covered by the cabotage regulations. Furthermore, the continued existence of cabotage restriction with the European Union is to a large extent an anomaly in the context of the free movement of goods and services.

Cabotage is the national carriage of goods for hire or reward carried out by non-resident hauliers on a temporary basis in a host member state. Haulage cabotage operations are governed by Regulation (EC) 1072/2009. In accordance with this regulation, non-resident hauliers are permitted to conduct up to three cabotage operations within a seven-day period after the inbound international carriage of goods from another member state or a third country. Advance permission is not required for a non­resident haulier to carry out the cabotage operations in accordance with the regulation. However, there are conditions which must be met. The first is that the non-resident haulier must hold a community licence qualifying him or her to operate internationally; and the second is that the non-resident haulier must produce clear evidence of incoming international carriage and of each subsequent cabotage operation carried out in the host member state, to a maximum of three operations.

The non-resident haulier is also subject to the laws, regulations and administrative provisions in force in the host member state with regard to the conditions governing the transport contract; the weights and dimensions of road vehicles; the requirements relating to the carriage of certain categories of goods, particularly dangerous goods, perishable foodstuffs and live animals; the driving time and rest periods; and the value added tax, VAT, on transport services.

As the Community continues towards a single European market, it is likely that restrictions such as cabotage will be removed. This liberalisation of transport services is supported by the Government. The current cabotage regime in operation across the European Union is largely a protectionist regime that serves to protect domestic operators. The strict operation of cabotage in the United Kingdom, for example, has had negative impacts on Irish hauliers seeking to operate in that market. However, cabotage restrictions are still in place and within that context, I view it as important that the current cabotage rules are enforced here until the market is fully liberalised, to protect our domestic or resident hauliers.

The enforcement of the EU cabotage rules ensures that our national road haulage market operates in a similar manner to the internal markets of other countries. It ensures that our road haulage industry is not placed at a competitive disadvantage, and it also ensures that non-resident hauliers operate in accordance with EU legislation.

The enforcement of cabotage regulations is the responsibility of the Road Safety Authority and An Garda Síochána. I am aware that the enforcement authorities and my Department work closely together and assist one another in ensuring the application and monitoring of cabotage regulations. I assure the Deputy that, at our quarterly road safety meetings with the Garda and the Road Safety Authority, enforcement of haulage laws in general is always on the agenda.

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