36 Amendments of Rosa D'AMATO related to 2017/0122(COD)
Amendment 33 #
Proposal for a regulation
Recital 6
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long. When a driver chooses to spend this rest period at home, the transport undertaking should provide the driver with the means to return.
Amendment 45 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) For this purpose, certified locations with suitable facilities to ensure optimal rest for drivers, as well as the safety of their vehicles and freight, should be provided.
Amendment 52 #
Proposal for a regulation
Recital 11
Recital 11
(11) To enhance cost-effectiveness of enforcement of the social rules the potential of the current and future tachograph systems should be fully exploited. Therefore the functionalities of the tachograph should be improved to allow for more precise positioning, in particular during international transport operations. A road transport GNSS portal should be set up providing officials carrying out roadside or remote checks with real-time access to all data transmitted by smart tachographs.
Amendment 71 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) In order to ensure greater safety and more effective and timely monitoring, the use of digital devices, which enable driver identification and are interoperable with smart tachographs, should be permitted and promoted, including through appropriate support schemes.
Amendment 79 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(-1) In Article 2, paragraph 1, the following point is added: “(aa) of goods between two Member States irrespective of tonnage, or”
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 561/2006
Article 3 – point h
Article 3 – point h
Amendment 81 #
Proposal for a regulation
Recital 6
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long. When a driver chooses to spend this rest period at home, the transport undertaking should provide the driver with the means to return.
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Amendment 108 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) For this purpose, certified locations with suitable facilities to ensure optimal rest for drivers, as well as the safety of their vehicles and freight, should be provided.
Amendment 130 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – introductory part
Article 8 – paragraph 8 a – introductory part
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle. They shall be taken in a suitable accommodation, with adequate sleepanitary fittings and sanitary facilitiesoptimum sleeping facilities for the driver;
Amendment 135 #
Proposal for a regulation
Recital 11
Recital 11
(11) To enhance cost-effectiveness of enforcement of the social rules the potential of the current and future tachograph systems should be fully exploited. Therefore the functionalities of the tachograph should be improved to allow for more precise positioning, in particular during international transport operations. A road transport GNSS portal should also be set up, providing officials carrying out roadside or remote checks with real-time access to all data transmitted by smart tachographs.
Amendment 137 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – point b
Article 8 – paragraph 8 a – point b
(b) at the driver's home or at another private location chosen by the driver.
Amendment 140 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of three consecutive weeks."or another location of the driver's choosing after each period of two consecutive weeks. The driver shall inform the transport undertaking no later than one month before such rest period if it will be taken in a place other than the driver’s home. When a driver chooses to take this rest at home, the transport undertaking shall provide the driver with the means to return home.”;
Amendment 151 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 c (new)
Article 8 – paragraph 8 c (new)
(ca) in Article 8, the following paragraph is inserted: “8c Paragraph 8a of this Article shall not apply when the regular weekly rest periods, reduced weekly rest periods and any weekly rest of more than 45 hours, taken in compensation for previous reduced weekly rest, are taken in suitably equipped locations certified as meeting the requirements set out by the Commission through delegated acts, provided that the vehicle is stationary and has suitable sleeping facilities for each driver. For this purpose, such delegated acts must include the specifications to be met by certified locations so as to ensure optimal rest for drivers, as well as the safety of their vehicles and freight.”;
Amendment 159 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 561/2006
Article 10 – paragraph 1
Article 10 – paragraph 1
(6a) in Article 10, paragraph 1 is replaced by the following: “1. A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation.”;
Amendment 166 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(-1) in Article 2, paragraph 1, the following point (aa) is added: (aa) of goods between two Member States, or
Amendment 167 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
Regulation (EU) 165/2014
Article 2 – paragraph 2 – point h a (new)
Article 2 – paragraph 2 – point h a (new)
(-1) In Article 2, paragraph 2, the following point is added: “(ha) ‘smart tachograph’ means a digital tachograph using a global navigation satellite positioning system (GNSS), automatically determining its position in accordance with this Regulation;";
Amendment 168 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 a (new)
Article 2 – paragraph 1 – point -1 a (new)
Regulation (EU) No 165/2014
Article 2 – paragraph 2 – point h b (new)
Article 2 – paragraph 2 – point h b (new)
(-1a) In Article 2, paragraph 2, the following point is added: “(hb) ‘road transport GNSS portal’: an online platform collecting all data from smart tachographs for the purposes of this Regulation;”;
Amendment 173 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 561/2006
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
Amendment 176 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EU) No 165/2014
Article 9 a (new)
Article 9 a (new)
(1a) The following Article is added “Article 9a 1. In addition to data exchange under Article 9, transport undertakings shall ensure that the full set of data referred to in Article 4(3) and Article 8(1) is automatically transmitted in real time through secure communication channels from the smart tachograph to the GNSS portal as referred to in Article 33a . 2. The data transmitted shall be stored and used in accordance with Article 33a.”;
Amendment 177 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
Regulation (EU) No 165/2014
Article 33 a (new)
Article 33 a (new)
Amendment 180 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) No 165/2014
Article 34 – paragraph 7
Article 34 – paragraph 7
“7. The driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished, as well as where and when the driver has crossed a border in the vehicle on arrival at the suitfirst available stopping placearea. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998."”.
Amendment 181 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2a) The following article is inserted: “Article 41a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 33a(5) shall be conferred on the Commission for a period of five years from … [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 33a(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before the adoption of a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law Making of 13 April 2016. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 33a(5) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.”
Amendment 241 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Amendment 328 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a
Article 8 – paragraph 8 a
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle. They shall be taken in a suitable accommodation, with adequate sleeping and sanitary facilities and equipment that allows the driver optimum rest.
Amendment 340 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – point b
Article 8 – paragraph 8 a – point b
b) at the driver's home or at another private location chosen by the driverm.
Amendment 345 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c (new)
Article 1 – paragraph 1 – point 5 – point c (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a a (new)
Article 8 – paragraph 8 a a (new)
(ba) In Article 8, the following paragraph is inserted: (8aa) Paragraph 8a of this Article shall not apply when the regular weekly rest periods, reduced weekly rest periods and any weekly rest of more than 45 hours, taken in compensation for previous reduced weekly rest, are taken in suitably equipped locations certified as meeting the requirements set out by the Commission through the delegated acts indicated in Article 41a, provided that the vehicle is stationary and has suitable sleeping facilities for each driver. For this purpose, such delegated acts must include the specifications to be met by certified locations so as to ensure optimal rest for drivers, as well as the safety of their vehicles and freight.”
Amendment 361 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home withinor another location of the driver's choosing after each period of threewo consecutive weeks.";
Amendment 399 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 561/2006
Article 10 – paragraph 1
Article 10 – paragraph 1
(6a) in Article 10, paragraph 1 is replaced by the following: 1. A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation. (http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32006R0561&from=. Or. it)
Amendment 437 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 (new)
Article 2 – paragraph 1 – point 1 (new)
Regulation (EC) No 165/2014
Article 2 – paragraph 2 – point h a (new)
Article 2 – paragraph 2 – point h a (new)
(-1) In Article 2, paragraph 2, the following point is added: "(ha) "Road transport GNSS portal": an online platform collecting all data from smart tachographs for the purposes of this Regulation;”
Amendment 450 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 a (new)
Article 2 – paragraph 1 – point -1 a (new)
Regulation (EU) No 165/2014
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 453 #
Proposal for a regulation
Article 2 – paragraph 1 – point - 1 b (new)
Article 2 – paragraph 1 – point - 1 b (new)
Regulation (EU) 165/2014
Article 4, paragraph 2, subparagraph 3
Article 4, paragraph 2, subparagraph 3
(-1b) In Article 4(2), subparagraph 3 is replaced by the following: - be interoperable as between the various generations of vehicle units and tachograph cards; (http://eur-lex.europa.eu/legal-content/IT/TXT/HTML/?uri=CELEX:32014R0165&from=IT) as well as with digital devices for identifying the driver;” Or. it
Amendment 470 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EU) No 165/2014
Article 9 a (new)
Article 9 a (new)
(1a) The following article is inserted: "Article 9a 1. In addition to data exchange under Article 9, transport undertakings shall ensure that the full set of data referred to in Article 4(3) and Article 8(1) is automatically transmitted in real time through secure communication channels from the smart tachograph to the road transport GNSS portal referred to in Article 33a . 2. The data transmitted shall be stored and used in accordance with Article 33a.”.
Amendment 471 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 b (new)
Article 2 – paragraph 1 – point 1 b (new)
Regulation (EU) No 165/2014
Article 33 a (new)
Article 33 a (new)
(1b) (1d) The following Article is inserted: "Article 33a Road transport GNSS portal 1. In order to facilitate the exchange of information and cooperation between the competent authorities of the Member States that implement or enforce the Union legal acts listed in Article 7(1), the Commission shall create and maintain a GNSS portal containing data regarding transport operations and drivers’ activities transmitted in accordance with Article 9a. The Commission shall ensure the connection of that portal with the TACHOnet messaging system referred to in Article 31, the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 and the registers referred to Regulation (EU) No 1071/2009 2. Within 18 months of the entry into force of this Regulation, the Commission shall adopt delegated acts in accordance with Article 41a, in order to supplement this Regulation by laying down rules and specifications for the road transport GNSS portal, and the conditions for its use, ensuring the archiving of data transmitted and their consultation in real time by each control authority responsible, road transport GNSS portal interoperability with the systems and registers referred to in paragraph 1, as well as a system of data analysis and automatic notification of any breaches of Regulation (EC) No 561/2006, Regulation (EU) No 165/2014, Directive 2002/15/EC, Regulations (EC) No 1071/2009 and No 1072/2009, Directive 92/106/EEC and the Directive [on the posting of drivers].”;
Amendment 488 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) No 165/2016
Article 34 – paragraph 7 – subparagraph 1
Article 34 – paragraph 7 – subparagraph 1
7. The driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished as well as where and when the driver has crossed a border in the vehicle on arrival at the first suitable stopping place available. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998.
Amendment 493 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EU) No 165/2014
Article 41 a (new)
Article 41 a (new)
(2a) The following Article is inserted: "Article 41a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 33a(5) shall be conferred on the Commission for a period of five years from … [the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 33a(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before the adoption of a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law Making of 13 April 2016. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 33a(5) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.”