Activities of Dominique MARTIN related to 2017/0123(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the sector
Amendments (20)
Amendment 33 #
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory for undertakings conducting transport operations internationally.
Amendment 48 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment, thereby putting an end to so-called letterbox companies.
Amendment 53 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The existence of letterbox companies and false self-employment within the transport sector is hampering the smooth functioning of the internal market and thus leading to a deterioration in working conditions for its workers. It is essential to combat these illegal practices which, even though they represent a minority, degrade the sector's image, since they reduce labour costs illegally and fail to ensure that working standards are maintained.
Amendment 60 #
Proposal for a regulation
Recital 7
Recital 7
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 73 #
Proposal for a regulation
Recital 11
Recital 11
(11) The information about transport operators contained in the national electronic registers should be as complete as possible to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations (EC) No 1071/2009 and (EC) No 1072/2009. Furthermore, the national electronic registers should be interoperable and the data contained therein should be directly accessible for officials of all Member States performing roadside checks. The rules on the national electronic register should therefore be amended accordingly.
Amendment 78 #
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far.
Amendment 93 #
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an intcabotage in its former interpretation as exempt from the law of the host Member State is therefore not allowed. Every cabotage opernational carriage should be abolished, while the number of days available for such operations should be redu should be remunerated in accordance with the rules in force in the country in which it takes placed.
Amendment 96 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Cabotage is prohibited for a lorry registered abroad.
Amendment 97 #
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
(14b) The effective implementation and enforcement of this Regulation is undermined when other EU legislation is used by hauliers to circumvent the cabotage rules, contrary to the intention of the legislator. Council Directive 92/106/EEC1a (the Combined Transport Directive) should therefore be amended so that hauliers cannot use it as a pretext for circumventing the rules on cabotage laid down in this Regulation. __________________ 1a Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, p. 38).
Amendment 129 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1071/2009
Article 5 – a
Article 5 – a
(a) have premises in which it keeps its core business documents, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to driving time and rest, cabotage, posting, and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;';
Amendment 134 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Regulation (EC) No 1071/2009
Article 5 – d
Article 5 – d
(d) manage the transport operations carried out with the vehicles referred to in point (b) and with a number of parking places commensurate with the size of the vehicle fleet and with the appropriate technical equipment situated in that Member State;
Amendment 138 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d a (new) Regulation (EC) No 1071/2009
Article 1 – paragraph 1 – point 3 – point d a (new) Regulation (EC) No 1071/2009
(da) the following point (f) is added: (f) have a clear link between the transport operations carried out using the vehicles referred to in point (b) and the Member State of establishment.
Amendment 139 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d b (new) Regulation (EC) No 1071/2009
Article 1 – paragraph 1 – point 3 – point d b (new) Regulation (EC) No 1071/2009
Amendment 153 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Regulation (EC) No 1071/2009
Article 6 – xii a
Article 6 – xii a
(xiia) cabotage
Amendment 188 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point ii
Article 1 – paragraph 1 – point 11 – point a – point ii
Regulation (EC) No 1071/2009
Article 16 – paragraph 2
Article 16 – paragraph 2
Member States may choose to keep the data referred to in points (e) to (j) of the first subparagraph in separate registers. In such a case, the relevant data shall be available upon request or directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within five working days of receipt of the request. The data referred to in points (a) to (d) of the first subparagraph shall be publicly accessible, in line with the relevant provisions on personal data protection.
Amendment 223 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall not be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 5 days from the last unloading in the host Member State in the course of the incoming international carriage.;
Amendment 234 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a (new)
Article 2 – paragraph 1 – point 5 – point a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 2 a
Article 8 – paragraph 2 a
(aa) the following paragraph 2a is inserted: ‘2a. Every cabotage operation should be remunerated in accordance with the rules in force in the country in which it takes place. Cabotage in its former interpretation as exempt from the law of the host Member State is therefore not allowed.’
Amendment 238 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EC) No 1072/2009
Article 8 – b – paragraph 3
Article 8 – b – paragraph 3
Amendment 257 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10 a – paragraph 1 –
Article 10 a – paragraph 1 –
1. Cabotage by a carrier registered abroad is prohibited. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 2 4% of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 6% from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.
Amendment 264 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10 a – paragraph 3
Article 10 a – paragraph 3
3. Member States shall, at least threesix times per year, undertake concerted roadside checks on cabotage operations, which may coincide with checks performed in accordance with Article 5 of Directive 2006/22/EC. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.