BETA

21 Amendments of Terry REINTKE related to 2017/0121(COD)

Amendment 23 #
Proposal for a directive
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) and points (a) and (b) of Article 153(1) in conjunction with Article 153(2) thereof,
2018/02/05
Committee: EMPL
Amendment 27 #
Proposal for a directive
Recital 1
(1) In order to create a safe, efficient and socially responsible road transport sector it is necessaryof utmost importance to ensure adequatecent working conditions and social protection for drivers, on the one hand, and suitable business and fair competition conditions for operators, on the other and fair competition as well as a level playing field in the Union.
2018/02/05
Committee: EMPL
Amendment 29 #
Proposal for a directive
Recital 2
(2) The inherent high mobility of road transport services requires particular attention in assuring that drivers benefit from the rights to which they are entitled, and that operators are not faced with disproportionate administrative barriers unduly restri fair level playing field is kept while respecting their freedom to provide cross-border services.
2018/02/05
Committee: EMPL
Amendment 33 #
Proposal for a directive
Recital 3
(3) The balance between eEnhancing social and working conditions for drivers and facilitating the exercise of the freedom to provide road transport services based on fair competition between national and foreign operators is crucial forshould go hand in hand in order to ensure the smooth functioning of the internal market and improve the working and living conditions for drivers in the road transport sector in the Union.
2018/02/05
Committee: EMPL
Amendment 46 #
Proposal for a directive
Recital 6
(6) The administrative cooperation between Member States and Union support with regard to the implementation of the social rules in road transport has proven insufficient, making cross-border enforcement more difficult, inefficient and inconsistent. It is therefore necessary to establish a framework for effective communication and mutual assistance, including exchange of data on infringements and information on good practices in enforcement.
2018/02/05
Committee: EMPL
Amendment 49 #
Proposal for a directive
Recital 9
(9) Difficulties have also been experienced in applyenforcing the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council15 and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council16 tofor workers in the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated high administrative burdens for non-resident Union operators. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on jobsose difficulties need to be remedied urgently by ensuring that every worker enjoys the rights related to minimum protection at the workplace regardless of the duration of his/her work. __________________ 15 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.97, p.1) 16 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
2018/02/05
Committee: EMPL
Amendment 56 #
Proposal for a directive
Recital 10
(10) The Commission, in its proposal of 8 March 201617 for the revision of Directive 96/71/EC, recognized that the implementation of that Directive raises particular legal questions and difficulties in the highly mobile road transport sector and indicated that those issues should be best addressed through sector-specific road transport legislation. __________________ 17During the ongoing revision of Directive 96/71/EC, the best way to address the particular legal questions and difficulties in the highly mobile road transport sector remains to be answered by the co-legislators. The aim of sector- specific road transport legislation should therefore be to ensure the protection of the workers concerned while safeguarding implementation feasibility. COM(2016)128
2018/02/05
Committee: EMPL
Amendment 60 #
Proposal for a directive
Recital 11
(11) In order to ensure the effective and proportionate implementation of Directive 96/71/EC in the road transport sector, it is necessary to establish sector-specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom to provide cross-border services for operatorsfundamentally step up enforcement.
2018/02/05
Committee: EMPL
Amendment 65 #
Proposal for a directive
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. __________________ 18Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)deleted
2018/02/05
Committee: EMPL
Amendment 95 #
Proposal for a directive
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specificstrong and clear administrative and control requirements in line with Directive 2014/67/EC should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph.
2018/02/05
Committee: EMPL
Amendment 149 #
Proposal for a directive
Article 2 – paragraph 1
1. This Article establishes specific rules as regards certain aspects of Directive 96/71/EC relating to the posting of drivers in the road transport sector and of Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of those drivers.deleted
2018/02/05
Committee: EMPL
Amendment 161 #
Proposal for a directive
Article 2 – paragraph 2
2. Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month. When the period of posting is longer than 3 days, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entire period of posting to their territory during the period of one calendar month referred to in the first subparagraph.deleted
2018/02/05
Committee: EMPL
Amendment 220 #
Proposal for a directive
Article 2 – paragraph 3 – point a
(a) a daily working period shorter than six hours spent in the territory of a host Member State shall be considered as half a day;deleted
2018/02/05
Committee: EMPL
Amendment 226 #
Proposal for a directive
Article 2 – paragraph 3 – point b
(b) a daily working period of six hours or more spent in the territory of a host Member State shall be considered as a full day;deleted
2018/02/05
Committee: EMPL
Amendment 245 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
4. Member States may only impose the following administrative requirements and controlshall take appropriate measures in the event of an infringement of this Directive. They shall, in particular, ensure that adequate procedures are available to workers and their representatives for the enforcement of obligations under this Directive. For those purposes Member States may in particular impose the following measures:
2018/02/05
Committee: EMPL
Amendment 257 #
Proposal for a directive
Article 2 – paragraph 4 – point a
(a) an obligation for the road transport operator established in another Member State to send a posting declaration to the national competent authorities at the latest at the commencement of the posting, in electronic form, in an official language of the host Member State or in English, containing onlyall the following informationrelevant information necessary in order to allow factual controls at the workplace, including:
2018/02/05
Committee: EMPL
Amendment 316 #
Proposal for a directive
Article 2 – paragraph 4 – point e
(e) an obligation for the driver to make available, where requested at the roadside control, in paper or electronic form, a copy of payslips for last two months; during the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide this copy; time-sheets or other proof of the beginning, end and duration of the daily working time and proof of payment of wages or copies of equivalent documents during the period of posting in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
2018/02/05
Committee: EMPL
Amendment 322 #
Proposal for a directive
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e),this Article at the request of the authorities of the host Member State within a reasonable period of timetwo weeks of the end of the posting;
2018/02/05
Committee: EMPL
Amendment 332 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
4a. In order to ensure that all EU rules on mobile workers are implemented in a fair, simple and effective way, a European Labour Authority shall be responsible for inspecting and enforcing the rules. It shall provide operational and legal support to Member States, social partners and workers to enforce social legislation and undertake European wide inspections. The European Labour Authority shall be responsible for the monitoring and access to data contained in the national electronic registers.
2018/02/05
Committee: EMPL
Amendment 336 #
Proposal for a directive
Article 2 – paragraph 4 b (new)
4b. A Union list of road hauliers that do not meet the relevant legal requirements shall be made public in order to ensure the greatest transparency. This Union list shall be based on common criteria developed at Union level and reviewed annually by the European Labour Authority. Road Hauliers listed on the Union list shall be subject to an operating ban. The operating prohibitions on the Union list shall apply throughout the territory of the Member States. In exceptional cases, Member States shall be allowed to take unilateral measures. In an emergency, and when faced with an unforeseen security problem, Member States shall have the possibility of immediately issuing an operating ban for their own territory.
2018/02/05
Committee: EMPL
Amendment 365 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 a (new)
Until the date referred to in the second subparagraph, Directives 2003/88/EC, 96/71/EC and 2014/67/EC shall remain applicable in their entirety.
2018/02/05
Committee: EMPL