41 Amendments of Martina DLABAJOVÁ related to 2017/0121(COD)
Amendment 46 #
Proposal for a directive
Recital 1
Recital 1
(1) In order to create a safe, efficient and socially responsible road transport sector it is necessary to ensure a balance between free movement of services, adequate working conditions and social protection for drivers, on the one h and, and suitable business and fair competition conditions for operators, on the other competitive business environment for operators.
Amendment 53 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Any national rules applied to road transport must be proportionate and justified and must not hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty, such as the freedom of movement of services, in order to maintain or increase the competitiveness of the Union, whilst respecting the working conditions and social protection for the drivers.
Amendment 63 #
Proposal for a directive
Recital 3
Recital 3
(3) The balance between enhancing 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, reduction of administrative burden and social and working conditions for drivers is crucial for the smooth functioning of the internal market.
Amendment 67 #
Proposal for a directive
Recital 4
Recital 4
(4) Having evaluated the effectiveness and efficiency of the current Union social legislation in road transport, certain loopholes in the existing provisions and deficiencies in their enforcement were identified, as well as illegal practices, such as the use of letterbox companies. Furthermore a number of discrepancies exist between Member States in interpretation, application and implementation of the rules. This creates legal uncertainty and unequal , creating high administreatment of drivers and operators,ive burdens for non-resident Union operations in particular. This creates legal uncertainty which is detrimental to the working, social and competition conditions in the sector.
Amendment 71 #
Proposal for a directive
Recital 5
Recital 5
Amendment 84 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Rules for the posting of workers applicable to international road transport activities should be balanced, simple, and with a low administrative burden for Member States and transport undertakings. They should not aim to discourage operations outside the country of establishment of an undertaking.
Amendment 105 #
Proposal for a directive
Recital 12
Recital 12
Amendment 118 #
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 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. _________________ 18 Regulation (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). 19 Regulation (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)transit and international transport operations where both the driver and the vehicle return to the Member State of establishment should not be subject to Directive 96/71/EC. There is no direct competition with national companies in case of transit and international transport and there is a clear link of the driver to the Member State of establishment of the company, therefore Directive 96/71/EC is inapplicable in such cases.
Amendment 129 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Member States should only apply points (b) and (c) of the first subparagraph of Article 3 (1) to road cabotage as defined by Regulations (EC) No 1072/2009 and 1073/2009 since the entire transport operation is taking place in a host Member State. As a consequence, the rules for the posting of workers should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver.
Amendment 132 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The Directive 96/71/EC should apply to cabotage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009 since the entire transport operation is taking place in a host Member State and there is a direct competition with local undertakings. As a consequence Directive 96/71/EC should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver.
Amendment 135 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) The application and enforcement of the provisions on posting of workers in the cases of transit would generate high administrative burdens for Member States operators, as well as non-resident operators. There is no direct competition with national companies, nor sufficient link between driver and host country in the case of transit, therefore the Directive 96/71/EC, the legislative act [...] amending Directive 96/71/EC, and Directive 2014/67/EU should be inapplicable in such cases.
Amendment 142 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure targeted, effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, standardised forms developed by the Commission and reduced specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools, such as the digitalInternal Market Information System (IMI), the GNSS portal for road transport and the smart tachograph.
Amendment 152 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) A general implementation and application of the rules for the posting of workers to road transport could impact the structure of the Union road freight transport industry. Therefore, Member States and the Commission should closely monitor the impact of this process.
Amendment 155 #
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13b) Enforcement should concentrate on inspections at the premises of the undertakings. Roadside checks should not be excluded but should be undertaken in a non-discriminatory manner only for consignment notes or their electronic versions, confirmations of the pre- registration and attestation for return to country of operator´s establishment or driver´s residence. Roadside checks should control in the first place tachographs data which is important to determine the activity of a driver and vehicle over a four-week rolling period and the geographical coverage of this activity. The recording of the country code can help.
Amendment 158 #
Proposal for a directive
Recital 13 c (new)
Recital 13 c (new)
(13c) The impact of the application and the enforcement of the rules for the posting of workers on the road transport industry should be repeatedly evaluated by the Commission and reported to the Parliament and the Council, and proposals should be made to further simplify them and reduce the administrative burden.
Amendment 171 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles falling, where relevant and justified, within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and in case of checks at the premises of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.";
Amendment 173 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2006/22/EC
Article 2 – paragraph 3 – subparagraph 1
Article 2 – paragraph 3 – subparagraph 1
Each Member State shall organise checks in such a way that at least 3% of days worked by drivers of vehicles falling within the scope of Regulation (EC) No 561/2006, Regulation (EU)165/2014 and Directive 2002/15/EC are checked; following roadside checks and where the driver is not in capacity to submit one or more of the required documents, the drivers shall be released to continue their transport operation and the transport operator in the Member State of establishment is obliged to submit the required documents via competent authorities. Member States shall focus especially on structurally and repeatedly non-compliant hauliers.
Amendment 183 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings. Member States shall not undertake controls made according to Directive 2002/15/EC at the roadsides. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/ECU) No 165/2014 have been detected at the roadside.;
Amendment 186 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2002/15/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experience of non- compliant behaviour in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.;
Amendment 207 #
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 State shall submit the information requested by other Member States pursuant to paragraph 1(b) of this Article within 2510 working days from the receipt of the request in cases requiring in-depth examination or involving checks at premises of the undertakings concerned. 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 241 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – Part A – point 6
Annex I – Part A – point 6
Amendment 251 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. For the purpose of this Article the following definitions shall apply: (a) 'Country' means the country of registration of the road transport operator, other EU Member State or third country. (b) 'Cross-trade road transport' means the transport operation including loading and unloading made by a road transport operator between two Member States which differ from a Member State or third country, where the operator is established. (c) 'Transit' means the through passage transport where the points of departure and destination are in another country or other countries and the transport passes through the territory of the transit country without loading or unloading. (d) 'Rolling four-week period' means a consecutive four weeks period of any type of international road transport operation excluding cabotage.
Amendment 266 #
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 performingDirective 96/71/EC or Directive 2014/67/EU to transit and international carriagetransport 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.;
Amendment 289 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 a (new)
Article 2 – paragraph 2 – subparagraph 1 a (new)
Member States shall apply Directive 96/71/EC to cabotage operations, as defined by Regulations (EC) No 1072/2009 and 1073/2009. Cabotage operations shall be excluded from the provisions of long-term posting referred to in the legislative act amending the Directive 96/71/EC subject to fulfilment of the obligation as set out in Article 8b of Regulation [...] amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) 165/2014 as regards positioning by means of tachographs ;
Amendment 298 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 336 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 348 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 355 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) a daily working period longer than five hours and shorter than sixeight hours spent in the territory of a host Member State shall be considered as half a day;
Amendment 364 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 369 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) a daily working period of sixeight hours or more spent in the territory of a host Member State shall be considered as a full day;
Amendment 378 #
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
Amendment 404 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. By way of derogation from Directive 2014/67/EU, Member States may only impose the following administrative requirements and control measures:
Amendment 415 #
Proposal for a directive
Article 2 – paragraph 4 – point a – introductory part
Article 2 – paragraph 4 – point a – introductory part
(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 ana standardised electronic form developed and made available by the Commission in all official languages of the host Member State or in EnglishUnion, containing only the following information:
Amendment 445 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iv
Article 2 – paragraph 4 – point a – point iv
(iv) the anticipated duration, envisaged beginning and end date of the posting;
Amendment 499 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
(d) an obligation for the drivertransport manager or other contact person(s) in the Member State of establishment 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 of the driver, into one 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)s within 14 days of the request made by the relevant authorities of the host Member State;
Amendment 522 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
(e) an obligation for the drivertransport manager or other contact person(s) in the Member State of establishment 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 anthe driver´s payslips for the preceding two calendar months within14 days of the request made by other person or entity which may provide this copy relevant authorities of the host Member State;
Amendment 533 #
Proposal for a directive
Article 2 – paragraph 4 – point f
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),c) at the request of the authorities of the host Member State within a reasonable period of time;
Amendment 568 #
Proposal for a directive
Article 2 – paragraph 5 c (new)
Article 2 – paragraph 5 c (new)
Directive 2006/22/EC
Article 2 – paragraph 2 – subparagraph 1 b (new)
Article 2 – paragraph 2 – subparagraph 1 b (new)
5c. International transport operations including cabotage falling under the scope of this Directive shall be excluded from the provisions on collective agreements which are not universally applicable as defined in Article [...] of Directive 96/71/EC.
Amendment 583 #
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 two years] at the latest... [2 years from the entry into force of this Directive], the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 594 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4a The entry into force of this Directive shall repeal any provisions regarding the date of application of this Directive deriving from ... [2016/0070(COD)] amending Directive 96/71/EC.
Amendment 595 #
Proposal for a directive
Article 4 b (new)
Article 4 b (new)
Article 4b The transport sector is exempt from the measures deriving from ... [2016/0070 (COD)] amending Directive 96/71/EC until the entry into force of this Directive.