28 Amendments of Joëlle MÉLIN related to 2017/0121(COD)
Amendment 40 #
Proposal for a directive
Recital 4
Recital 4
(4) Having evaluated the effectiveness and efficiency of the current Union social legislation in road transport, certain loopholes in the existing provisions and deficiencies in their enforcement were identified. Furthermore a number of discrepancies exist between Member States in interpretation, application and implementation of the rules. This creates legal uncertainty and unequal treatment of drivers and operators, which is detrimental to the working, social and competition conditions in the sector.
Amendment 47 #
Proposal for a directive
Recital 8
Recital 8
Amendment 48 #
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 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 78 #
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link ofbetween a driver with aand the 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 rates of pay andremuneration and allowances, the minimum annual paid holidays and all other social provisions 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 109 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises or on the company’s legal representative in a given Member State shall be planned in the light of past experience in relation to the various types of transport and undertakings, and of any history of non-compliance. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.";
Amendment 120 #
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 States 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 shorter time limit may be mutually agreed between the Member States. 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 daysMember States shall put in place procedures and systems to ensure that the requested information shall be accessible immediately.
Amendment 124 #
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 2
Article 8 – paragraph 1 a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within 10 working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the requesting Member State.
Amendment 130 #
Proposal for a directive
Article 1– paragraph 1 – point 7 – point c
Article 1– paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall make the information contained in the national risk rating system available upon request or directly accessible to all competent authorities of other Member States in accordance with the time limits set out in Article 8.;
Amendment 138 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)
Article 1 – paragraph 1 – point 9 – point a a (new)
Directive 2006/22/EC
Annex I – part B – point 3 a (new)
Annex I – part B – point 3 a (new)
(aa) in Part B, the following point is inserted: “(3a) the driver’s regular weekly return to rest at home;”
Amendment 139 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive 2006/22/EC
Annex II – point 3 a (new)
Annex II – point 3 a (new)
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)
Article 1 – paragraph 1 – point 9 b (new)
Directive 2006/22/EC
Annex II – point 3 b (new)
Annex II – point 3 b (new)
(9b) in Annex II, the following point is inserted: “(3b) equipment for checking the payment by foreign hauliers of any per km compensation amounts applicable in the Member State.”
Amendment 141 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 c (new)
Article 1 – paragraph 1 – point 9 c (new)
Directive 2006/22/EC
Annex III – point 4 a (new)
Annex III – point 4 a (new)
(9c) in Annex III, the following point is inserted: “(4a) non-compliance with the stipulations on night work.”
Amendment 142 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 d (new)
Article 1 – paragraph 1 – point 9 d (new)
Directive 2006/22/EC
Annex III – point 4 b (new)
Annex III – point 4 b (new)
(9d) in Annex III, the following point is inserted: “(4b) breaches of the rules on the remuneration and posting of workers;”
Amendment 143 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 e (new)
Article 1 – paragraph 1 – point 9 e (new)
Directive 2006/22/EC
Annex III – point 4 c (new)
Annex III – point 4 c (new)
(9e) in Annex III, the following point is inserted: “(4c) non-compliance with the stipulations on the driver’s regular weekly return to rest at home.”
Amendment 144 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 f (new)
Article 1 – paragraph 1 – point 9 f (new)
Directive 2006/22/EC
Annexe III – point 4 d (new)
Annexe III – point 4 d (new)
(9f) in Annex III, the following point is inserted: “(4d) the truck’s non-compliance with health, animal-welfare, environmental or safety rules applicable in the Member State.”
Amendment 145 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 g (new)
Article 1 – paragraph 1 – point 9 g (new)
Directive 2006/22/EC
Annex III – point 4 e (new)
Annex III – point 4 e (new)
(9g) in Annex III, the following point is inserted: “(4e) non-payment by a foreign haulier of any per km compensation amounts applicable.”
Amendment 146 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 h (new)
Article 1 – paragraph 1 – point 9 h (new)
Directive 2006/22/EC
Annex III – point 4 f (new)
Annex III – point 4 f (new)
Amendment 147 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 i (new)
Article 1 – paragraph 1 – point 9 i (new)
Directive 2006/22/EC
Annex III – point 4 g (new)
Annex III – point 4 g (new)
(9i) in Annex III, the following point is inserted: “(4g) The police authorities shall determine whether to immobilise a truck in the event of its non-compliance with health, animal-welfare, environmental or safety rules applicable in the Member State or of any other infringements under Annex III.”
Amendment 148 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 j (new)
Article 1 – paragraph 1 – point 9 j (new)
Directive 2006/22/EC
Annex III – point 4 h (new)
Annex III – point 4 h (new)
(9j) in Annex III, the following point is inserted: “(4h) Regulation (EU) No 165/2014.”
Amendment 176 #
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 31 days during a period of one calendar month.
Amendment 197 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 31 days, 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 258 #
Proposal for a directive
Article 2 – paragraph 4 – point a
Article 2 – paragraph 4 – point a
(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. This formality shall be carried out using a standard document provided by the Commission in all the official EU languages, containing only the following information:
Amendment 263 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point i a (new)
Article 2 – paragraph 4 – point a – point i a (new)
ia) the contact details of a legal representative of the establishment in the host Member State;
Amendment 264 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point i b (new)
Article 2 – paragraph 4 – point a – point i b (new)
ib) For small and medium enterprises and for companies without a legal representative, the host Member State shall provide a public or private single point of contact, for which the relevant documents shall be available electronically in the official languages of the European Union. The SME or company without legal representative must submit the documents required by European transport law to the host Member State via this point of contact.
Amendment 270 #
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 for each country crossed;
Amendment 275 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi
Article 2 – paragraph 4 – point a – point vi
vi) the type of transport services, that is to say carriage of goods, or carriage of passengers, international carriage, cabotage operation;
Amendment 309 #
Proposal for a directive
Article 2 – paragraph 4 – point d a (new)
Article 2 – paragraph 4 – point d a (new)
(da) the requirement for the road transport operator to indicate on the pay slip the number of hours worked in each Member State, the remuneration paid, the hourly rates applied and daily subsistence and homeward journey allowances paid, so that the worker or authorities can carry out the necessary checks.
Amendment 357 #
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 on the job of, and the wages received by, drivers in the Member States, by [3 years after the date for transposition of this Directive] and report to the European Parliament and the Council on the application of this Directive. The report by the Commission shall, if appropriate, be accompanied by a legislative proposal.