Activities of Merja KYLLÖNEN related to 2017/0121(COD)
Plenary speeches (2)
Enforcement requirements and specific rules for posting drivers in the road transport sector (A8-0206/2018 - Merja Kyllönen) (vote)
Decision to enter into interinstitutional negotiations: Enforcement requirements and specific rules for posting drivers in the road transport sector (A8-0206/2018 - Merja Kyllönen) (vote)
Reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector PDF (987 KB) DOC (170 KB)
Amendments (23)
Amendment 162 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) To effectively monitor the social rules and to tackle unfair practices in the road transport sector, Member States should use the advantage to combine the road side checks and checks at the premises of undertakings of Regulations 561/2006/EU and 165/2014/EU and Directive 2002/15/EC with Directives 96/71/EC and 2014/67/EU respectively.
Amendment 163 #
Proposal for a directive
Recital 14 b (new)
Recital 14 b (new)
(14b) Rules to safeguard good social conditions across the European road haulage market should be respected by all partners in the supply chain. In order to create an economically and socially sustainable European internal market, a chain of responsibility that covers all actors in the logistical chain should be established and implemented. Enforcing transparency and liability and increasing social and economic equality will increase the attractiveness of the driver as a profession and promote healthy competition.
Amendment 245 #
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
(6) weekly working times, provided that technology enables effective checks, as set out in Articles 4 and 5 of Directive 2002/15/EC.;
Amendment 269 #
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 to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month.
Amendment 277 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi a (new)
Article 2 – paragraph 4 – point a – point vi a (new)
(via) Information about the posted drivers would be at least the following: the identity, the country of residence, the country where the employment contract is based, the country of payment of social contributions and the social security number;
Amendment 283 #
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 available, where requested at the roadside control, in paper or electronic form, a copy of the posting declaration androad transport operator to provide the posted driver with the following documents for the purpose of roadside control: (i) a copy of the posting declaration in paper or electronic form; (ii) the evidence of the transport operation taking place in the host Member State, such as an as referred in the legal act amending Regulation (EC) No 1072/2009 of the European Parliament and of the Council; (iii) the electronic consignment note (e- CMR) or evidence referr(iv) a copy of the employment contract translated into in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.one of the official languages of the host Member State, or into another language accepted by the host Member State; (v) a copy of the payslips for the last two months, in paper or electronic form;
Amendment 299 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 301 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 312 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 320 #
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), at the request of the authorities of the host Member State within a reasonable period of timefive days from the request;
Amendment 333 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Evidence referred to in Article 2, paragraph 4 (a), (b) and (c) shall be kept on board the vehicle and presented to the authorised inspecting officers of the Member State hosting the posted driver within the duration of the roadside check.
Amendment 335 #
Proposal for a directive
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
Amendment 335 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 399 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. Before and during transport operations, by way of derogation from Article 9 of Directive 2014/67/EU, Member States may only impose the following administrative requirements and control measures:
Amendment 416 #
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 an official language of the host Member State or in English, containing only the following information for every transport operation:
Amendment 427 #
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 and responsible persons;
Amendment 432 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iii
Article 2 – paragraph 4 – point a – point iii
(iii) the anticipated number and the identities of posted drivers, the identities and nationalities of posted drivers, the countries from which the drivers habitually carry out their work in performance of their employment contract and the employers of posted workers, if not the road transport operator;
Amendment 458 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi a (new)
Article 2 – paragraph 4 – point a – point vi a (new)
(via) addresses of loading(s) and unloading(s)
Amendment 561 #
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. For the purposes of point (e) of paragraph 4, the Commission shall, by ways of implementing acts, establish a common payslip of a driver engaged in international carriage, cabotage or road leg of combined transport. The common payslip shall at least contain following data: - number of working hours divided according to Member States in which a driver worked in a given calendar month and if applicable, according to daily, weekly or any other relevant period for the purpose of calculating rates for overtimes, - salary paid per hour or a day and in total divided according to Member States in which a driver worked in the calendar month concerned, - any increments, extra allowances or bonuses, daily allowances and compensation for costs. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 2 a (2) of this Directive.
Amendment 569 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2 a 1. The Commission shall establish a European Platform of Trust ( the "Platform") to promote transparent and socially responsible business in the road transport sector. 2. The Platform shall involve all actors in the road transport sector such as consignors, freight forwarders, contractors, subcontractors, consignees and hauliers with the aim to achieve more social environment for the workers and safeguard the application of this Directive and other relevant provisions. 3. For enforcement purposes, the members of the Platform shall, in cooperation with the Commission, collect and exchange information on hauliers' practices related to the application of the relevant legislation.
Amendment 574 #
Proposal for a directive
Article 2 b (new)
Article 2 b (new)
Article 2b Liability Member States shall provide for sanctions, according to Regulation (EC) No 1072/2009 and Directive 2014/67/EU, against consignors, freight forwarders, contractors and subcontractors for non- compliance with Article 2 of this Directive, where they knowingly commission transport services which involve infringements of this Regulation.
Amendment 578 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission shall evaluate the implementation of this Directive, in particular the impact of Article 2(2), by [3... [three years after the date for transpositionof entry into force of this Directive] and report to the European Parliament and the Council on the application of this DirectivArticle. The report by the Commission shall, if appropriate, be accompanied by a legislative proposal.
Amendment 579 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)