10 Amendments of Michaela ŠOJDROVÁ related to 2017/0121(COD)
Amendment 70 #
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. The time threshold should be determined in a manner which enables a reasonable amount of drivers posted within international transport operations not to exceed it. An excessively low threshold would be disproportionate and contrary to the freedom to provide services. __________________ 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)
Amendment 117 #
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 25 working days from the receipt of the request in cases requiring in-depth examination or involving checks at premises of the undertakings concerned. A shorterdifferent time limit may be mutually agreed between the Member States where this can be justified by particular circumstances of the specific case. 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 150 #
Proposal for a directive
Article 2 – paragraph 1
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 inwithin cabotage operations of 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. Transit and international transport operations shall not be subject to posting workers rules.
Amendment 177 #
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 1072/2009 and 1073/2009 where the period of posting tototal monthly working period spent on their territory to perform these operations is shorter than or equal to 3 day45 hours during a period of one calendar month.
Amendment 194 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the total monthly working period of posting is longer than 3 day45 hours, 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.
Amendment 219 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 227 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 235 #
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 period.
Amendment 236 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. In order to facilitate the calculation of remuneration for the purposes of this Article, the Commission shall introduce a digital tool. The tool shall include specific remuneration requirements within each Member State and any other specific data necessary for performing the calculations. Such data shall be predefined in the tool based on a regular notification obligation of Member States to the Commission. The tool shall be available for all undertakings free of charge.
Amendment 269 #
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 without prejudice to possible prolongation where required by unforeseeable circumstances;