(1) Notwithstanding Article 2(1) of the Framework Directive, a driver shall not be considered to be posted for the purpose of that Directive when performing bilateral transport operations in respect of all goods.

(2) For the purpose of the Posted Drivers Directive, a bilateral transport operations in respect of goods means the movement of goods, based on a transport contract, from the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 [OJ No. L 300, 14.11.2009, p. 51] establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC, to another Member State or to a third country, or from another Member State or a third country to the Member State of establishment.