5 Amendments of Cláudia MONTEIRO DE AGUIAR related to 2017/0121(COD)
Amendment 98 #
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. Provisions on the posting of workers, in Directive 96/71/EC, and on the enforcement of those provisions, in Directive 2014/67/EU, apply to road transport sector under the terms of this Directive.
Amendment 117 #
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 also 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)beyond the time thresholds established in this Directive.
Amendment 274 #
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) and 1(3)(b) 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 39 days for international carriage operations and 5 days for cabotage operations during a period of one calendar month.
Amendment 315 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 3 daysthe period stipulated in point (2), 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 325 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 a (new)
Article 2 – paragraph 2 – subparagraph 2 a (new)
Taking into account Article 2(1) of Directive 96/71/EC, a driver shall not be deemed to have been posted in the territory of a Member State if the latter is a transit country in which the driver is not loading or unloading goods or picking up or dropping off passengers.