17 Amendments of Elena GENTILE related to 2017/0123(COD)
Amendment 58 #
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 77 #
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, fair and easy to enforce, while broadly maintaining the level of liberaleading to a level playing field between hauliers, while safeguarding the advantages and integrity of the Union's internal market. To this end, it is imperative that EU rules on the posting of workers and the law applicable to contractual oblisgation achieved so fars are applied at the commencement of cabotage operations.
Amendment 115 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 1071/2009
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 125 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(2) in Article 3, paragraph 2 is deleted; replaced by the following: 2. Member States may decide to impose additional requirements, which shall be proportionate and non- discriminatory, to be satisfied by undertakings in order to engage in the occupation of road transport.
Amendment 126 #
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 – point (a)
Article 5 – point (a)
(a) have premises in which it keeps its core business documentsappropriate premises, proportionate to the activities of the undertaking, in which it keeps its core business documents, or secures access to them, either in written or electronic form, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to cabotage, posting of workers rules, and 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 136 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Regulation (EC) No 1071/2009
Article 5 – point e
Article 5 – point e
(e) hold assets and employ staff proportionate to the activityies of the establishmentundertaking;
Amendment 143 #
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) 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 152 #
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 – point b – point xii a (new)
Article 6 – point b – point xii a (new)
(xiia) cabotage
Amendment 190 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
(aa) Paragraph -1 is added as follows: 'For more effective cross-border enforcement, the data contained in the national electronic registers shall be fully accessible and in real time to competent authorities from all Member States';
Amendment 198 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 4
Article 18 – paragraph 4
4. WIn relation to paragraphs 1 and 2, where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within tenfive working days. The requesting Member State shall further substantiate the request and the Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. Where this is not possible, the request may be rejected by the requested Member State. In such a case, the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate.
Amendment 200 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 6
Article 18 – paragraph 6
6. In response to requests under paragraph 3, Member States shall supply the requested information and carry out the required checks, inspections and investigations within twenty-fivefifteen working days from the receipt of the request, unless they have informed the requesting Member State that the request is insufficiently reasoned or of the impossibility or the difficulties pursuant to paragraphs 4 and 5.another time limit is mutually agreed between the Member States concerned. Where this is not possible, the request may be rejected by the Member State. In such a case the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate;
Amendment 205 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EC) No 1072/2009
Article 1 – paragraph 1 – subparagraph 1 a
Article 1 – paragraph 1 – subparagraph 1 a
Amendment 211 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2 – paragraph 6
Article 2 – paragraph 6
Amendment 229 #
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 Stateto or from a haulier's Member State of establishment have been delivered, the 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 5 day48 hours from the last unloading in the host Member State in the course of theis incoming international carriage, subject to a transport contract;
Amendment 241 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b a (new)
Article 2 – paragraph 1 – point 5 – point b a (new)
Regulation (EC) No 1072/2009
Article 8 – Paragraph 4
Article 8 – Paragraph 4
Amendment 242 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Regulation (EC) No 1072/2009
Article 8 – paragraph 4 a
Article 8 – paragraph 4 a
Evidence referred to in paragraph 3 shall be kept on board the vehicle, and presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as an electronic consignment note (the eCMR).* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide theadditional evidence referred to in paragraph 3.
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
Regulation (EC) No 1072/2009
Article 9 – paragraph 1 – point e a (new)
Article 9 – paragraph 1 – point e a (new)
(5b) In Article 9, in paragraph 1, the following point is added: (ea) the minimum rates of pay and paid annual leave, as stipulated in points (b) and (c) of the first subparagraph of Article 3(1) of Directive 96/71/EC of the European Parliament and of the Council*. __________________ *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, 21.1.1997, p. 1).