European Commission investigating hauliers’ closed shop

The European Commission is investigating whether an old Maltese law is in breach of EU rules – the law was recently invoked to deny access to customs to a haulier who holds a permit to transport goods in any country in the European Union.

The issue was raised by the haulier who was stopped from entering customs-controlled areas.

On 17 April, 2014 after five years operating freely within the Maltese territory, including the port as a haulier, Joseph Galea was stopped by the Maltese Customs at Laboratory Wharf on arrival from Italy with two of his trailers containing community status cargo from Italy.

A year later Galea is still waiting for answers on why he has been stopped from operating.

When stopped Galea was told that he could not exit the port with his second trailer because he did not have the old 1967 Hauliers Licence, a requirement of an anachronistic law which restricts access to hauliers with a licensing system which predates Malta’s entry into the European Union.

But Transport Malta chief executive James Piscopo insists that the Cargo Clearance and Transport Act of 1967 still regulates the issuing of customs permits for Cargo Clearance and Forwarding Agents who may operate within Customs-controlled areas.

But it remains a mystery why hauliers like Galea were allowed to enter the customs area in the previous five years. Piscopo insisted that questions related to these permits should be directed to customs, which falls under the Ministry of Finance. No replies were forthcoming from the Finance Ministry by the time of going to print.

Galea insists that the 1967 law has been superceded by new laws which came in place after Malta joined the EU in 2004. This was because before Malta became a member state of the EU a haulier’s licence was issued by the Customs Comptroller but after Malta joined the EU this licence is being issued by Transport Malta.

Moreover Galea points out that the definition of cargo in the 1967 law is that of “imported and exported merchandise”. This is surely no longer the case with regard to products transported from the EU, which is a single market.

“Customs has no jurisdiction over goods transported through the EU,” Galea insists.  

Subsidiary legislation issued on 1 January, 2009 on the registration of vehicles, states that registration marks followed by letters HQ are required in the case of vehicles used for the carriage of goods by hauliers operating nationally. 

The law makes no reference to the need of any permit from customs. 

“Before Malta joined the EU hauliers fell under customs. Under the new law we operate according to permits issued by Transport Malta,” Galea says.

Transport Malta’s own website states that the Hauliers Market is fully liberalised but for an unknown reason does not issue the HQ plates as laid down in the law. 

Piscopo acknowledges that “it is true” that the Registration and Licensing of Motor Vehicles Regulations (S.L.368.02) stipulate that the registration marks of vehicles used for the carriage of goods by road hauliers who operate nationally shall include the letters HQ. 

“Transport Malta has always implemented this requirement by means of a long standing internal procedure, which requires written verification and clearance from the Customs Department that the applicant is a national road haulier who holds a customs permit issued by the Customs Department to operate within restricted port areas”.

As a result of the decision to stop him operating in the port, Galea, who had invested in his new business after Malta joined the European Union, is facing hard times, having lost his main source of income.

“Soon I will have to sell my house as it is making good for the loan that my company has.”

Galea holds a National and International Operating Licence for the carriage of Goods on a hire and reward basis in Malta. “Through these past five years I had no problems as an operator with the Maltese authorities (Customs) but everything changed after 17 April, 2014.

“With my National and International Operating licence I operate freely in all member states but strangely not in my own country,” Galea says. 

Galea feels discriminated against by the Maltese authorities who allow operators from other member states to operate in in Malta with their International Operating Licence as requested by the European Commission.

He alleges that the only way to access the restricted sector is by buying an old Hauliers licence which is sold on the black market for as much as €30,000. This licence is no longer recognised as a Hauliers Licence to transport goods within the National Territory.  

Galea has complained to the EU commission.

A Commission spokesperson confirmed that the directorate  is considering the issue. 

“As we have just starting analysing the matter, it is not possible for me to further comment on it,” the spokesperson said.

But documents seen by this newspaper confirm that following his complaint, the EU commission opened a “structured communication” with the Maltese authorities which has not been concluded yet. 

Under Regulation (EC) No 1072/2009, hauliers who are in possession of a Community Licence are entitled to carry out international transport between Member States without restrictions. The Community Licence or a certified copy of it must be carried on board the vehicle. If the driver is a third country national, they must also carry a driver’s attestation. Therefore a road haulage undertaking with a valid Community Licence and meeting all the conditions at the time of the check, should be free to carry out international transport between Italy and Malta without the need for any additional licence.