20 Amendments of Pavel TELIČKA related to 2017/0121(COD)
Amendment 114 #
Proposal for a directive
Recital 12
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 ofbetween the transport operation and the Member State of employment of the driver. Therefore, it should be established that only international carriage operations beginning and ending in the Member State of employment should be exempt from the application of points (b) and (c) of Directive 96/71 EC. All other international transportcarriage operations. This time threshold should not apply to and cabotage operations as defined by Regulations 1072/200918 and (EC) No 10732/200919 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. _________________ 18 Regulation (EC) No 1072/2009 of the European Parliamenhould be covered by points (b) and (c) of Directive 96/71 EC. In order to avoid unnecessary administrative burdens only one host Member State should be pointed out for each individual operation. The individual operation should begin and end with the loading of goods. Unloading should not aend of the Council of 21 October 2009 on common rules for access to the intindividual operation and as a consequence the individual opernational road haulage market (OJ L 300, 14.11.2009, p. 72). 19 should comprise unladen journeys as defined by Regulation (EC) No 10732/2009 of the European Parliament and of the Council of 21 October 2009 on common rules. In order to point out only one host Member State for eaccess to the inth opernational market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88) the decisive criterion is the place of unloading.
Amendment 192 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
Directive 2006/22/EC
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
(5b) In Article 7 the following paragraph 3b is added: ‘By 2022 at the latest, the Commission shall introduce a single standardised model for posting declarations.’
Amendment 194 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 d (new)
Article 1 – paragraph 1 – point 5 d (new)
Directive 2006/22/EC
Article 7 – paragraph 3 d (new)
Article 7 – paragraph 3 d (new)
(5d) In Article 7 the following paragraph 3d is added: ‘Until the European one-stop shop is brought into operation, transport undertakings shall register prior declarations of posting with the competent agencies or authorities in the Member States using the procedure laid down by the Commission.’
Amendment 204 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 1
Article 8 – paragraph 1 a – subparagraph 1
Member States shall submit the information requested by other Member States pursuant to paragraph 1(b) of this Article within 25ten working days from the receipt of the request i. In cases requiring in- depth examination or involving checks at premises of the undertakings concerned, reasons shall be given to justify this circumstance and the time limit shall be 20 days. A shorter time limit may be mutually agreed between the Member States. In urgent cases or cases requiring simple consultation of registers, such as of a risk rating system, the requested information shall be submitted within three working days.
Amendment 209 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 2
Article 8 – paragraph 1 a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly, giving the reasons, within 10five working days. The requesting Member State shall further substantiate the request. Where this is not possible within five days. If this deadline is not met, the request may be rejected by the Member State. If the information is received, the requested Member State shall resolve it within ten days.
Amendment 215 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 3
Article 8 – paragraph 1 a – subparagraph 3
Where it is difficult or impossible to comply with a request for information or to carry out checks, inspections or investigations, the Member State in question shall inform the requesting Member State accordingly within 10five working days, giving reasons. The Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised.
Amendment 216 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b (new)
Article 1 – paragraph 1 – point 6 – point b (new)
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 3 a (new)
Article 8 – paragraph 1 a – subparagraph 3 a (new)
In the event that the difficulties continue, the Commission, after being informed, may take the necessary measures to resolve the situation, investigate the matter, issue a recommendation or start infringement proceedings.
Amendment 233 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2006/22/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The Commission shall establish a common approach to recording and controlling periods of other work, including the form and specific cases, as defined in point (e) of Article 4 of Regulation (EC) No 561/2006, and periods of at least one week during which a driver is away from the vehicle and is unable to carry out any activities with that vehicle, by implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2).
Amendment 281 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
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 (EC) No 1072/2009 and 1073/2009 where the period of posting to international carriage operation eitheir territory to perform these operations is shorter than or equal to 3 daysbegins or ends in the Member State where the place of business through which the during a period of one calendar monthver was engaged is situated.
Amendment 308 #
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 postas conditions to drivers in the road transport sector, when performing to otheir territory during thkinds of international carriage operiod of one calendar month referred to in the first subparagraphations or cabotage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009.
Amendment 342 #
Proposal for a directive
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. For the purposes of the calcudetermining the relevant Member State in relation tof the periods of posting referred toapplication of points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC and type of operation in paragraph 2:
Amendment 353 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) a daily working The individual operatiodn shorter than six hours spent all determine the territory of a host Member State shall be considered as half a day;ms of which Member State in relation to points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC that shall be applied.
Amendment 374 #
Proposal for a directive
Article 2 – paragraph 3 – point b
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;The loading of goods shall mark the beginning of an operation and discontinuation of previous operations.
Amendment 379 #
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) breaks and rest periods as well as periods of availability spent in the territory of a host Member State shall be considered as working periodFor the operation in question, the terms applicable shall be those of the Member State in which the unloading is supposed to take place. This shall not apply to the first subparagraph of paragraph 2.
Amendment 408 #
Proposal for a directive
Article 2 – paragraph 4 – point a – introductory part
Article 2 – paragraph 4 – point a – introductory part
Directive 2006/22/CE
Article 2 paragraph 4 point a
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 anEuropean one-stop shop in electronic form, in which the transport undertakings shall register the prior declaration of posting, following a single standardised model posting declaration which shall be made available in all the official languages of the host Member State or in English,Union, requiring transport undertakings to ensure that their posted drivers carry a copy of the aforementioned duly registered declaration containing only the following information:
Amendment 469 #
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make availableroad transport operator to ensure that the driver has at his disposal, where requested at the roadside control, in paper or electronic form, a copy of the posting declaration and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.
Amendment 501 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
d) an obligation for the driver to keep and make available, where requested at the roadside control, in paper or electronic form, a copy of the employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC20, translated into prior declaratione of the official languages of the host Member State or into English; _________________ 20 Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).posting, as set out in Article 2(4)a of Directive 2006/22/EC;
Amendment 518 #
Proposal for a directive
Article 2 – paragraph 4 – point e
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 monthsthe prior declaration of posting, as set out in Article 2(4)a of Directive 2006/22/EC; 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;
Amendment 544 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Member States shall ensure that infringements of rules on posting of drivers shall be considered as infringements for the purpose of assessment of good repute as referred to in Article 6 of Regulation 1071/2009.
Amendment 585 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by […] [The time limit for transposition will be as short as possible and, generally, will not exceed twoone years] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.