28 Amendments of Jérôme LAVRILLEUX related to 2017/0121(COD)
Amendment 36 #
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 onand ensuring fair competition between national and foreign operators is crucial for the smooth functioning of the internal market.
Amendment 50 #
Proposal for a directive
Recital 9
Recital 9
(9) Difficulties have also been experienced in applying 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 to 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, and have created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on jobsfairness in inter-company competition in the sector. __________________ 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).
Amendment 53 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Non-compliance with the rules on the establishment of international road transport companies is creating differences within the single market and contributing to unfairness in inter- company competition. The conditions governing the establishment of international road transport companies should therefore be tightened and made easier to monitor, particularly with a view to combating the creation of ‘letterbox’ companies.
Amendment 62 #
Proposal for a directive
Recital 11
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 operators, as well as the need to ensure that inter-company competition in the sector is fair.
Amendment 64 #
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 onand ensuring fair competition between national and foreign operators is crucial for the smooth functioning of the internal market.
Amendment 74 #
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link ofthe simple, readily understood concept of the link between a driver with aand the territory of a host Member State. Therefore, a time threshold should be established, beyond whichis link should be characterised by at least one commercial loading or unloading operation taking place on the territory of the host Member State. Furthermore, the minimum rate of pay and the minimum annual paid holidays of the host Member State shallould apply in case ofto international transport operations. This time threshold should not apply toand 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)
Amendment 89 #
Proposal for a directive
Recital 13
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, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph. Introducing the smart tachograph across the board as soon as possible is a prerequisite for effective and efficient monitoring of compliance with the rules on posting of drivers for international transport and cabotage operations.
Amendment 89 #
Proposal for a directive
Recital 9
Recital 9
(9) Difficulties have also been experienced in applying 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 to 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, and have created unfair competition between enterprises of the Member States. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on jobs. _________________ 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).
Amendment 101 #
Proposal for a directive
Recital 11
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 operators as well as the need to ensure fair competition between companies in the sector.
Amendment 119 #
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link ofthe simple, readily understood concept of the link between a driver with aand the territory of a host Member State. Therefore, a time threshold should be established, beyond whichis link should be characterised by at least one commercial loading or unloading operation taking place in the host Member State. Furthermore, the minimum rate of pay and the minimum annual paid holidays of the host Member State shallould apply in case ofto international transport operations. This time threshold should not apply toand cabotage operations as defined by Regulations (EC) No 1072/200918 and (EC) No 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)
Amendment 140 #
Proposal for a directive
Recital 13
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, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph. . Introducing the smart tachograph across the board as soon as possible, irrespective of the size or weight of the vehicle, is a prerequisite for effective and efficient monitoring of compliance with the rules on posting of drivers for international transport and cabotage operations.
Amendment 167 #
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 or cabotage 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 185 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 208 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 267 #
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 or cabotage 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 297 #
Amendment 331 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 360 #
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, the laws, regulations and administrative provisions necessary to comply with this Directive the laws, regulations and administrative provisions necessary to comply with this Directive in the same time frame as that set out under Article 2 of the legislative act amending Directive 96/71/EC. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 425 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point i
Article 2 – paragraph 4 – point a – point i
(i) the identity of the road transport operator; at least by means of his/her intra- Community tax identification number;
Amendment 471 #
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 availableemployer to ensure that, 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, is available on board and presented.
Amendment 488 #
Proposal for a directive
Article 2 – paragraph 4 – point c
Article 2 – paragraph 4 – point c
(c) an obligation for the driver to keep and make availableemployer to ensure that, where requested at the roadside control, the tachograph records, and in particular the country codes of Member States where the driver has been present when carrying out international road transport operations or cabotage operations, are available on board and presented;
Amendment 505 #
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 availableemployer to ensure that, 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 one of the official languages of the host Member State or into English, are available on board and presented; _________________ 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).
Amendment 519 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
(e) an obligation for the driver to make availableemployer to ensure that, where requested at the roadside control, in paper or electronic form, a copy of payslips for last two months is available on board and presented; 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 524 #
Proposal for a directive
Article 2 – paragraph 4 – point e a (new)
Article 2 – paragraph 4 – point e a (new)
(ea) An obligation for the employer to deliver, within the worker’s posting period plus a period of 18 months following the expiry of the posting period, in paper or electronic form, proof of payment of wages to drivers.
Amendment 535 #
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operatoemployer to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e), at the request of the authorities of the host Member State within a reasonable period of time;
Amendment 558 #
Proposal for a directive
Article 2 – paragraph 5 – subparagraph 1 (new)
Article 2 – paragraph 5 – subparagraph 1 (new)
Member States shall ensure that infringements of the rules on the posting of drivers are regarded as infringements for the purposes of the assessment of good repute as referred to in Article 6 of Regulation 1071/2009.
Amendment 564 #
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. Member States shall provide for sanctions against shippers, freight forwarders and subcontractors for non- compliance with Article 2 of this Directive where the latter use transport services which involve infringements of this Directive.
Amendment 586 #
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, the laws, regulations and administrative provisions necessary to comply with this Directive the laws, regulations and administrative provisions necessary to comply with this Directive in the same time frame as that set out under Article 2 of the legislative act amending Directive 96/71/EC. They shall forthwith communicate to the Commission the text of those provisions.