Activities of Claudia ȚAPARDEL related to 2017/0123(COD)
Plenary speeches (2)
Enforcement requirements and specific rules for posting drivers in the road transport sector - Daily and weekly driving times, minimum breaks and rest periods and positioning by means of tachographs - Adapting to development in the road transport sector (debate) RO
Enforcement requirements and specific rules for posting drivers in the road transport sector - Daily and weekly driving times, minimum breaks and rest periods and positioning by means of tachographs - Adapting to development in the road transport sector (debate) RO
Amendments (23)
Amendment 44 #
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, including the process of directly billing their clients or, in case of a subsidiary system, the billing should be done in a proportionate way by the parent company. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment, as well as of a direct billing system with the beneficiary of the provided system, in order to ensure a proportionate profit shifting, avoid under billing in the Member State that provides the service and the underpayment of the employees in that Member State.
Amendment 76 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 88 #
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 international carriage should be abolished, while the number of days available for such operations should be reducgulated in a proportionate way so that empty runs, as well as unfair competition practices, are avoided.
Amendment 95 #
Proposal for a regulation
Recital 11
Recital 11
(11) The information about transport operators contained in the national electronic registers should be as complete and up-to-date 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. National electronic registers should become interoperable in order for data to be accessible for enforcement authorities from all Member States. The rules on the national electronic register should therefore be amended accordingly.
Amendment 110 #
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 maintainingith a view to increase the level of liberaliszation and achieved so far a single market for transport.
Amendment 124 #
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 international carriage should be abolished, while the number of days available for such operations should be reduced.
Amendment 133 #
Proposal for a regulation
Recital 15
Recital 15
(15) The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. To this end, further digitalization of enforcement capacity and documentation is essential and should be further encouraged at national and EU level, beginning with the introduction and use of smart tachographs and with the tools communicating remotely with smart tachographs, which are necessary for the roadside enforcement authorities. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures.
Amendment 144 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d a (new)
Article 1 – paragraph 1 – point 3 – point d a (new)
(da) The following point (f) is added: (f) directly bill the beneficiaries of the services they provide or, in case of a subsidiary system, the billing should be done in a proportionate way by the parent company;
Amendment 153 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point ii
Article 1 – paragraph 1 – point 1 – point a – point ii
Regulation No 1071/2009 (EC)
Article 1 – paragraph 4 – point b – paragraph 2
Article 1 – paragraph 4 – point b – paragraph 2
Any carriage by road for which no remuneration is received and which does not cregenerate any income, such as carriage of persons for charity purposes or for strictly private use, is to be considered as carriage exclusively for non-commercial purposes;;
Amendment 188 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
regulation 1071
Article 5 – point a
Article 5 – point a
(a) have premises in which it keeps its core business documents, or allows access to them, including in electronic format, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to driving time and rest 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 201 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18
Article 18
9a. Member States shall conduct cross-country controls on related transport companies (parent - subsidiary companies) in order to identify disproportionate profit-shifting or under- billing infringements;
Amendment 221 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii
Article 1 – paragraph 1 – point 4 – point a – point iii
Regulation 1071/2009/EC
Article 6 – paragraph 1 – point b – point xi
Article 6 – paragraph 1 – point b – point xi
Amendment 227 #
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 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 56 days from the last unloading in the host Member State in the course of the incoming international carriage.;
Amendment 255 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation 1072/2009
Article 10 a – paragraph 1
Article 10 a – paragraph 1
Amendment 265 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 (new)
Article 2 – paragraph 1 – point 7 (new)
Regulation 1071/2009/EC
Article 10 a
Article 10 a
3a. Member States shall, at least once a year, undertake concerted accountant checks for transport companies which have subsidiaries in other Member States in order to identify and penalize disproportionate profit shifting or under billing practices.
Amendment 272 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
Regulation 1072/2009/EC
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. By 31 January of every year, at the latest, Member States shall inform the Commission of the number of transport companies that have subsidiaries in other Member States, the number of transport companies that have been verified for infringements of under-billing and/or disproportionate profit shifting.
Amendment 289 #
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 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Amendment 316 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) no1071/2009
Article 18– paragraph 4
Article 18– paragraph 4
4. Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within ten15 working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.
Amendment 320 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Reg 1071
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Where it is difficult or impossible to comply with a request for information or to carry out checks, inspections or investigations, the Member State in question shall inform the requesting Member State accordingly within ten15 working days, with reasonsjustifying the impossibility. The Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. Should Member States not be able to reach a solution, the Commission may investigate the matter and issue a recommendation.
Amendment 325 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18– paragraph 8
Article 18– paragraph 8
8. Mutual administrative cooperation and assistance shall be provided free of charge and the Commission shall assess the need to develop, facilitate and finance exchanges between officials in charge with administrative issues and mutual compliance between different member states.
Amendment 391 #
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 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 510 days from the last unloading in the host Member State in the course of the incoming international carriage.;
Amendment 439 #
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 three times per year, undertake concerted and undiscriminatory roadside checks on cabotage operations. 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.
Amendment 445 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation EC No 1072/2009
Article 14 a – paragraph 1
Article 14 a – paragraph 1
Member States shall provide for sanctions against consignors, freight forwarders, contractors and subcontractors for non- compliance with Chapters II and III, where they knowingly commission transport services which involve infringements of this Regulation.