29 Amendments of Andor DELI related to 2017/0123(COD)
Amendment 3 #
Council position
Recital 8
Recital 8
(8) Regulation (EC) No 1071/2009 requires undertakings to conduct effectively and continuously their operations with the appropriate technical equipment and facilities at an operating centre situated in the Member State of establishment, and it allows for additional requirements at national level, the most common of which being a requirement to have parking spaces available in the Member State of establishment. However, those, unevenly applied, requirements have not been sufficient to ensure a genuine link with that Member State in order to efficiently fight letter-box companies and to reduce the risk of systematic cabotage and nomadic drivers organised from an undertaking to which the vehicles do not return. Considering that, in order to ensure the proper functioning of the internal market in the area of transport, specific rules on the right of establishment and the provision of services may be necessary, it is appropriate to further harmonise the establishment requirements and to strengthen the requirements linked to the presence of the vehicles used by the transport operator in the Member State of establishment. Defining a clear minimum interval within which the vehicle has to return also contributes to ensuring that those vehicles can be correctly maintained with the technical equipment situated in the Member State of establishment and facilitates controls. The cycle for such returns should be synchronised with the obligation on the transport undertaking in Regulation (EC) No 561/2006 of the European Parliament and of the Council6 to organise its operations in a manner that enables the driver to return home at least every four weeks, so that both obligations can be fulfilled through the return of the driver together with the vehicle at least every second four week cycle. This synchronisation strengthens the right of the driver to return and reduces the risk that the vehicle has to return only to fulfil this new establishment requirement. However, the requirement to return to the Member State of establishment should not require a specific number of operations to be conducted in the Member State of establishment or otherwise limit the operators possibility to provide services throughout the internal market. _____________________________ 6 the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).Regulation (EC) No 561/2006 of
Amendment 5 #
Council position
Recital 21
Recital 21
Amendment 8 #
Council position
Recital 22
Recital 22
Amendment 11 #
Council position
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 14 #
Council position
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) on an ongoing basis, have at its regular disposal a number of vehicles that complying with the conditions laid down in point (e) and employ drivers who are normally based at anbased on the law applicable to operational centre inof that Member State, in both casese undertaking, proportionate to the volume of transport operations carried out by the undertaking.
Amendment 20 #
Council position
Article 2 – paragraph 1 – point 4 – point a a (new)
Article 2 – paragraph 1 – point 4 – point a a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
(aa) the following paragraph is inserted: '2b. Hauliers are not allowed to carry out cabotage operations with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same Member State within 48 hours following the end of its cabotage operation in that Member State.';
Amendment 24 #
Council position
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage and of each consecutive cabotage operation carried out. In the event that the vehicle has been in the territory of the host Member State within the period of four days preceding the international carriage, the haulier shall also produce clear evidence of all operations that were carried out during that period.;
Amendment 26 #
Council position
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Amendment 29 #
Council position
Article 4 – paragraph 1
Article 4 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union[insert date 18 month after that of its publication in the Official Journal of the European Union]. By .... [OJ: 4 months after that of its publication in the Official Journal of the European Union] the Commission shall present a proper impact assessment regarding the impact of this Regulation on actual economic situation of the EU road haulage market and drivers' health safety situation, and, where appropriate, propose amendments to this Regulation taking into account the new market situation of the sector.
Amendment 71 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 75 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 100 #
Proposal for a regulation
Recital 11
Recital 11
(11) The information about transport operators contained in the national electronic registers should be as complete as possiblconstantly kept complete and up-to-date to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross- border enforcement of the provisions of Regulations(EC) No 1071/2009 and (EC) No 1072/2009. The rules on the national electronic register should therefore be amended accordingly.
Amendment 114 #
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far.
Amendment 134 #
Proposal for a regulation
Recital 15
Recital 15
(15) Effective and efficient enforcement of the rules is a prerequisite for fair competition in the internal market. Further digitalization of enforcement by using electronic transport documents is essential in order to free up enforcement capacity, reduce unnecessary administrative burden and better target fraudulent practices. The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures.
Amendment 166 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 1071/2009
Article 7 – paragraph 2
Article 7 – paragraph 2
(2) By way of derogation from paragraph 1, in the absence of certified annual accounts the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee, an insurance policy, a document issued by a financial institution establishing access to credit in the name of the undertaking, or another binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1;
Amendment 191 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation 1071/2009/EC
Article 5 – point (a)
Article 5 – point (a)
(a) have premises in which it keeps its core business documents, in particular its commercial contraceither in written or electronic form, in particular its, accounting documents, personnel management documents, labour contracts, documents containing data relating to driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;
Amendment 196 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Regulation 1071/2009
Article 5 – point c
Article 5 – point c
(c) conduct effectively and continuously its administrative and commercial activities with the appropriate administrative equipment and facilities at premises situated in that Member State;;
Amendment 198 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Regulation 1071/2009
Article 5 – point d
Article 5 – point d
Amendment 205 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Regulation 1071/2009
Article 5 – point e
Article 5 – point e
Amendment 218 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point ii
Article 1 – paragraph 1 – point 4 – point a – point ii
Regulation 1071/2009/EC
Article 6 – paragraph 1a – point vii
Article 6 – paragraph 1a – point vii
Amendment 224 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii
Article 1 – paragraph 1 – point 4 – point a – point iii
Regulation 1071/2009/EC
Article 6 – paragraph 1b – point xi
Article 6 – paragraph 1b – point xi
Amendment 231 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii
Article 1 – paragraph 1 – point 4 – point a – point iii
Regulation 1071/2009/EC
Article 6 – paragraph1b – point xii
Article 6 – paragraph1b – point xii
Amendment 240 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation 1071/2009/EC
Article 6 – paragraph 2a – point b)
Article 6 – paragraph 2a – point b)
(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workers;
Amendment 258 #
2. By way of derogation from paragraph 1, in the absence of certified annual accounts the competent authority shall agree that an undertaking demonstrate itsccept proof of financial standing by meansin the form of a certificate, such as or document from a financial institution, such as an insurance policy or a bank guarantee, a document issued by a financial institution establishing access to credit in the name of the undertaking, or another binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1.;
Amendment 273 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation 1071/2009
Article 16 – paragraph 2 – point g
Article 16 – paragraph 2 – point g
(g) the registrationtotal numbers of the vehicles at the disposal of the undertaking pursuant to Article 5(b);
Amendment 276 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation 1071/2009
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
Amendment 286 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation 1071/2009
Article 16 – paragraph 2 – point i
Article 16 – paragraph 2 – point i
Amendment 382 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation 1072/2009/EC
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once all the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member Statesf the incoming international carriages or in contiguous Member States sharing a land border with the host Member State. The last unloading in the course of a cabotage operation shall take place within 57 days from the first day immediately following the last unloading in the host Member State in the course of the incoming international carriage.;
Amendment 411 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage and of the current cabotage operation.;