29 Amendments of Terry REINTKE related to 2017/0123(COD)
Amendment 34 #
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To clarify the scope of that Regulation and avoid loopholes, to ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory.
Amendment 39 #
Proposal for a regulation
Recital 3
Recital 3
(3) Currently, Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. This possibility hais not proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolishedecessary to provide for a level playing field and common standards across Member States.
Amendment 49 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment. To that end, the relevant provisions in this Regulation should be aligned with those in other legislative acts that refer to an effective and stable establishment, such as Article 4 of Directive 2014/67/EC.
Amendment 62 #
Proposal for a regulation
Recital 7
Recital 7
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers and cabotage, and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 64 #
Proposal for a regulation
Recital 8
Recital 8
(8) Given the importance of fair competition in the market, infringements of Union rules relevant to this issue and to the workers concerned should be taken into account in the assessment of the good repute of transport managers and transport undertakings. The empowerment of the Commission to define the degree of seriousness of relevant infringements should be clarified accordingly.
Amendment 66 #
Proposal for a regulation
Recital 10
Recital 10
(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit.
Amendment 81 #
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 and should support fair competition.
Amendment 89 #
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks, to improve the level playing field and to eliminate uncertainty and unfair competition, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be strongly reduced.
Amendment 100 #
Proposal for a regulation
Recital 16
Recital 16
(16) Transport undertakings are the addressees of the rules on international carriage and are, as such, subject to the consequences of any infringements committed by them. However, in order to prevent abuses by undertakings contracting transport services from road haulage operators, Member States should also provide for sanctions on shippers and freight forwarders in casas well as other contractors where they knowingly commission transport services which involve infringements of the provisions of Regulation (EC) No 1072/2009.
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 1071/2009
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1071/2009
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 127 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1071/2009
Article 5 – point a
Article 5 – point a
(a) have premises in which it keeps its core business documents, in particular its commercial contracts, 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; Member States may require that hauliers established on their territory also have other documents available at their premises at any time;
Amendment 131 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Regulation (EC) No 1071/2009
Article 5 – point a a (new)
Article 5 – point a a (new)
(aa) conduct a substantial part of their transport operations using the vehicles referred to in point (b) in the Member State of establishment;
Amendment 142 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d a (new)
Article 1 – paragraph 1 – point 3 – point d a (new)
(da) the following point (f) is added: (f) have an operating centre situated in that Member State with the necessary equipment, and in particular a sufficient number of vehicle parking places for regular use by the vehicles referred to in point (b).
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Regulation (EC) No 1071/2009
Article 6 – paragraph 1 – subparagraph 3 – point xi a (new)
Article 6 – paragraph 1 – subparagraph 3 – point xi a (new)
(xia) cabotage
Amendment 156 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 1071/2009
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
For the purposes of point (b) of the third subparagraph of paragraph 1,where the transport manager or the transport undertaking has been convicted of a serious criminal offence or has incurred a penalty for one of the most serious infringements of Union rules as set out in Annex IV, in one or more Member States, the competent authority of the Member State of establishment shall carry out and complete in an appropriate and timely manner an administrative procedure, which shall include, if appropriate, an on-site inspection at the premises of the undertaking concerned.
Amendment 164 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 1071/2009
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basiat all times, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year,: (a) it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used; and (b) two months’ worth of salary per employed mobile worker, at the level of the Member State where, or from where, it habitually carries out its activities. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.;
Amendment 170 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Regulation (EC) No 1071/2009
Article 12
Article 12
(8a) Member States shall carry out checks at least every 3 years to verify that undertakings fulfil the requirements laid down in Article 3.
Amendment 173 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point -a (new)
Article 1 – paragraph 1 – point 11 – point -a (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
(-a) The following paragraph is inserted: "1a. For the purposes of increasing the effectiveness of the cross-border enforcement and of targeted checks, the data contained in the national electronic registers shall be accessible in real time to all competent inspecting authorities from all Member States. The European Labour Authority shall be responsible for the monitoring and access to data contained in the national electronic registers.
Amendment 176 #
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 (EC) No 1071/2009
Article 16 - paragraph 2 – point g a (new)
Article 16 - paragraph 2 – point g a (new)
(ga) the following data about each employee, including mobile personnel: the name, nationality, Member State of residence, the Member State where the employment contract was registered, the Member State where social security contributions are made and the social or national insurance number;
Amendment 177 #
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 (EC) No 1071/2009/EC
Article 16 – paragraph 2 – point g b (new)
Article 16 – paragraph 2 – point g b (new)
(gb) the total assets, liabilities, equity and turnover during the previous two years;
Amendment 178 #
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 (EC) No 1071/2009
Article 16 – paragraph 2 – point g c (new)
Article 16 – paragraph 2 – point g c (new)
(gc) the risk rating of the undertaking pursuant to Article 9 of Directive 2006/22/EC;
Amendment 214 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2 – point 6
Article 2 – point 6
6. ‘cabotage operation’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery points, as specified in the consignment note;
Amendment 221 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once 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, with the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 5 day24 hours from the last unloading in the host Member State in the course of the incoming international carriage.; Road transport undertakings shall not be allowed to carry out cabotage operations with the same vehicle, or, in the case of a coupled combination, with the motor vehicle of that same vehicle, in the host Member State within seven days from the end of the 24-hour period referred to in the first subparagraph.
Amendment 237 #
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 only if the haulier can produce clear evidence of the preceding international carriage. to or from his or her Member State of establishment and if the value of the transport contract for the preceding international carriage is not obviously lower than the combined value of the transport contracts for the cabotage operations.
Amendment 240 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b a (new)
Article 2 – paragraph 1 – point 5 – point b a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
(ba) The following paragraph is inserted: "3a. In order to prove that the conditions laid down in this Article have been met, the competent authorities of the Member State hosting the cabotage operation shall verify: (a) the tachograph data of the current day and that of the previous 56 days; (b) the electronic consignment notes of the current day and of the previous 56 days; (c) the notification referred to in paragraph 1. "
Amendment 243 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Regulation (EC) No 1072/2009
Article 8 – paragraph 4 a
Article 8 – paragraph 4 a
Evidence referred to in paragraph 3 shall be kept on board the vehicle and shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as the eCMR.* 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 the evidence referred to in paragraph 3.
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c a (new)
Article 2 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 4 b (new)
Article 8 – paragraph 4 b (new)
(ca) The following paragraph shall be inserted: "4b. In order to monitor effectively compliance with this Regulation, road transport undertakings shall notify in writing by way of a declaration, to the relevant national competent authorities of the Member State hosting the cabotage activity, at the latest at the commencement of the cabotage operation and in (one of) the official language(s) of the host Member State, or in (an)other language(s) accepted by the host Member State, relevant information necessary in order to allow effective control of cabotage operations, including at least the following: (a) the identity of the consignor; (b) the estimated duration of the cabotage operation; (c) the following data about each driver: name, Member State of residence, the Member State in which the employment contract is registered, the Member State in which social security contributions are paid, the social or national insurance number.
Amendment 258 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10 a – paragraph 1
Article 10 a – paragraph 1
1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 28 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 310 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.