The Government of Malta expresses its satisfaction with the Opinion of Advocate General Pitruzzella, especially his proposal that the Court of Justice of the European Union (CJEU) should uphold Malta’s request to annul the ‘return of vehicle’ rule in the Mobility Package. This rule, which obliges heavy goods vehicles to return to their country of establishment every eight weeks, would have a negative impact on the environment, the transport sector and the economy of Malta, as an island State. The brunt of this would therefore be shouldered by the consumer.
Consequently, the annulment of this provision would result in significantly lower costs for the transport companies and therefore lower costs for consumers. This would be a timely development given the current international scenario. Malta argued before the CJEU that the ‘return of vehicle’ rule infringed Article 91(2) of the Treaty of the Functioning of the European Union (TFEU), which requires the EU to take into account the environmental protection requirements and the specific characteristics of transport in each Member State when adopting measures concerning transport. Malta also invoked Article 11 and Article 37 of the TFEU, which relate to the integration of environmental protection into the implementation of Union policies and activities, and the promotion of a high level of environmental protection.
The Advocate General agreed with Malta that the ‘return of vehicle’ rule had not been sufficiently justified by the European Parliament and the Council, and that it had not taken into account the environmental impact of the increased emissions and fuel consumption resulting from the obligation to return vehicles every eight weeks. The Advocate General also acknowledged that the rule would seriously affect the standard of living and employment in Malta, as well as the operation of transport facilities, due to the geographical constraints and the existing maritime transport infrastructure. He therefore concluded that the rule found in Article 1(3) of Regulation 2020/1055 should be annulled, as it breached the obligation under Article 91(2) TFEU.
The Government of Malta welcomes this important Opinion and now looks forward to the Court’s Judgement, which is expected in the course of next year. The Government reiterates its commitment to defend the interests of the Maltese transport sector and the environment, and to ensure a fair and balanced mobility framework within the EU.
