Activities of Kosma ZŁOTOWSKI related to 2017/0121(COD)
Shadow reports (1)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012
Amendments (53)
Amendment 2 #
Council position
Recital 11 a (new)
Recital 11 a (new)
(11 a) In order to ensure efficient use of transport resources, take into account the operational realities and reduce the number of empty runs, which is an important element in achieving the objectives of the Paris agreement in relation to the reduction of CO2 emissions, a limited number of additional transport activities should be possible without triggering the posting rules. Such activities consist of operations performed during a period in the course of or following a bilateral international transport operation from the Member State of establishment and before the return journey to the Member State of establishment.
Amendment 4 #
Council position
Recital 12
Recital 12
(12) When a driver is engaged in a combined transport operation, the nature of the service provided during the initial or final road leg is closely linked with the Member State of establishment if the road leg on its own is a bilateral transport operation. By contrast, when the transport operation during the road leg is carried out within the host Member State or as a non-bilateral international transport operation, there is a sufficient link with the territory of a host Member State and therefore the posting rules should apply.
Amendment 5 #
Council position
Recital 13
Recital 13
(13) Where a driver performs other types of operations, notably cabotage operations or non-bilateral international transport operations, there is a sufficient link to the territory of the host Member State. The link exists in case of cabotage operations as defined by Regulations (EC) No 1072/20096 and (EC) No 1073/20097 of the European Parliament and of the Council since the entire transport operation takes place in a host Member State and the service is thus closely linked to the territory of the host Member State. A non- bilateral international transport operation is characterised by the fact that the driver is engaged in international carriage outside of the Member State of establishment of the undertaking making the posting. The services performed are therefore linked with the host Member States concerned rather than with the Member State of establishment. In those cases, sector- specific rules are only required with regard to the administrative requirements and control measures. Nevertheless, until negotiations between the Union and relevant third countries as regards the application of rules equivalent to those laid down in this Directive will be concluded, certain number of cross-trade operations should be exempted from posting rules. _________________ 6Regulation (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). 7Regulation (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 7 #
Council position
Recital 15
Recital 15
(15) Union operators face growing competition from operators based in third countries. It is therefore of the utmost importance to ensure that Union operators are not discriminated against. According to Article 1(4) of Directive 96/71/EC, undertakings established in a non-member State must not be given more favourable treatment than undertakings established in a Member State. That principle should also apply with regard to the specific rules on posting provided for in this Directive. It should, in particular, apply when third country operators perform transport operations under bilateral or multilateral agreements granting access to the Union marketTherefore, taking into account the fact that the Union has already exercised its competence and adopted common specific rules on posting of drivers, it should begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
Amendment 11 #
Council position
Article 1 – paragraph 3 – subparagraph 1
Article 1 – paragraph 3 – subparagraph 1
For the purpose of this Directive, a bilateral transport operation in respect of goods means the movement of goods, based on a transport contractconsignment note, from the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009, to another Member State or to a third country, or from another Member State or a third country to the Member State of establishment.
Amendment 12 #
Council position
Article 1 – paragraph 3 – subparagraph 1 a (new)
Article 1 – paragraph 3 – subparagraph 1 a (new)
In a bilateral transport operation, a Member State of establishment shall be either the place of origin where the transported goods are loaded or the place of destination where the goods are unloaded. Moreover, a bilateral transport operation may involve picking up of the goods at one or several loading points until their final delivery at one or several delivery points.
Amendment 14 #
Council position
Article 1 – paragraph 3 – subparagraph 2
Article 1 – paragraph 3 – subparagraph 2
Amendment 15 #
Council position
Article 1 – paragraph 3 – subparagraph 2 a (new)
Article 1 – paragraph 3 – subparagraph 2 a (new)
For the purpose of this Directive, a cross- trade operation is the movement of goods, based on a consignment note, between two different Member States other than the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009. Moreover, a cross-trade transport operation may involve picking up of the goods at one or several loading points until their final delivery at one or several delivery points.
Amendment 16 #
Council position
Article 1 – paragraph 3 – subparagraph 3
Article 1 – paragraph 3 – subparagraph 3
Amendment 18 #
The exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply only until the date from which smart tachographs complying with the requirement of recording border crossings and additional activities referred to in the first subparagraph of Article 8(1) of Regulation (EU) No 165/2014 are required to be fitted in the vehicles registered in a Member State for the first time, under the fourth subparagraph of Article 8(1) of that Regulation. From that date the exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply solely to drivers using vehicles fitted with smart tachographs, as provided for in Articles 8, 9 and 10 of that Regulationnegotiations between the Union and relevant third countries as regards the application of rules equivalent to those laid down in this Directive will be concluded.
Amendment 20 #
Council position
Article 1 – paragraph 4 – subparagraph 1 – point a
Article 1 – paragraph 4 – subparagraph 1 – point a
(a) picks up passengers in the Member State of establishment and sets them down in another Member State and/or a third country;
Amendment 22 #
Council position
Article 1 – paragraph 4 – subparagraph 1 – point b
Article 1 – paragraph 4 – subparagraph 1 – point b
(b) picks up passengers in a Member State and/or a third country and sets them down in the Member State of establishment; or
Amendment 26 #
Council position
Article 1 – paragraph 4 – subparagraph 1 a (new)
Article 1 – paragraph 4 – subparagraph 1 a (new)
Moreover, a bilateral transport operation in international occasional or regular carriage of passengers may involves picking up of passengers and /or setting passengers down more than once as specified in journey form or authorisation.
Amendment 27 #
Council position
Article 1 – paragraph 4 – subparagraph 2
Article 1 – paragraph 4 – subparagraph 2
Amendment 30 #
Council position
Article 1 – paragraph 4 – subparagraph 3
Article 1 – paragraph 4 – subparagraph 3
Amendment 32 #
Council position
Article 1 – paragraph 8
Article 1 – paragraph 8
8. A posting shall, for the purpose of Article 3(1a) of Directive 96/71/EC, be considered to beas ending when the driver leafinally delivers goods or sets passengers down in the host Member State in the performance of thean international carriage of goods or passengers. That period of, and that posting period shall not be cumulated with previous periods of postingosting periods in the context of such international operations performed byof the same driver or by another driver whom he or she replaces.
Amendment 33 #
Council position
Article 1 – paragraph 10
Article 1 – paragraph 10
10. Transport undertakings established in a non-Member State shall not be given more favourable treatment than undertakings established in a Member State, including when performing transport operations under bilateral or multilateral agreements granting access to the Union market or parts thereof. Hence once this Directive has entered into force, the Union shall begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
Amendment 36 #
Council position
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Amendment 37 #
Council position
Article 10 – paragraph 1
Article 10 – paragraph 1
This Directive shall enter into force on the day following[insert date 18 month after that of its publication in the Official Journal of the European Union].
Amendment 100 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point -a (new)
Article 1 – paragraph 1 – point 3 – point -a (new)
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
(-a) in paragraph 1, the first subparagraph is replaced by the following: “Member States shall organise a system of appropriate and regular checks on correct and consistent implementation, as referred to in Article 1, both at the roadside and at premises of undertakings of all transport categories. Moreover, controls of compliance with provisions of directive 2002/15/EC should be limited to checks at premises of undertakings.”
Amendment 108 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Each Member State shall organise checks in such a way that at least 3% of days worked by drivers of vehicles falling within the scope of Regulation (EC) No 561/2006, and Regulation (EU) 165/2014 and Directive 2002/15/EC are checked.
Amendment 114 #
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 shall be planned in the light of past experience in relation to the various types of transport and undertakings. 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 125 #
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 without delay 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 Member State.
Amendment 169 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles falling within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and in case of checks at the premises of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
Amendment 173 #
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 Ddirective 96/71/EC], when performing international carriage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting towithin their territory to perform these operations is shorter than or equal to 3[10] cumulative days during a period of one calendar month. A [7] day threshold should also apply to cabotage operations as defined by Regulations (EU) No 1072/2009 and (EU) No 1073/2009.
Amendment 174 #
Each Member State shall organise checks in such a way that at least 3% of days worked by drivers of vehicles falling within the scope of Regulation (EC) No 561/2006, and Regulation (EU)165/2014 and Directive 2002/15/EC are checked.
Amendment 179 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
(3a) in paragraph 1, the first subparagraph is replaced by the following "1. Member States shall organise a system of appropriate and regular checks on correct and consistent implementation, as referred to in Article 1, both at the roadside and at premises of undertakings of all transport categories. Moreover, controls of compliance with provisions of Directive 2002/15/EC shall be limited to checks at the premises of the undertakings." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006L0022&from=PL)
Amendment 189 #
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 shall be planned in the light of past experience in relation to the various types of transport and undertakings. 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 191 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 3 days[10] cumulative days concerning international transport and [7] cumulative days concerning cabotage, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entirfor the rest of the period of posting towithin their territory during the period of one calendar month referred to in the first subparagraph.
Amendment 204 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Member States shall not apply Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) [of directive 96/71/EC], when performing international carriage operations as defined by Regulations (EU) No 1072/2009 and (EU) No 1073/2009 in transit through the Union and shall not apply to drivers performing carriage by road with usage of vehicles indicated in Articles 3 and 13(1) of Regulation 561/2006 provided that Member State in question has granted such exemptions.
Amendment 212 #
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 without delay 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 Member State.
Amendment 217 #
Proposal for a directive
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. For the purposes of the calculation of the periods of posting referred to in paragraph 2:, a day may not be less than at least 24 hours respectively spent in the territory of the host Member State. The weekly rest periods shall be excluded from the calculation of the periods of posting.
Amendment 220 #
The Commission shall, by means of implementing acts, establish a common formula for calculating a risk rating of undertakings, which shall take into account the number, severity and frequency of occurrence of infringements as well as the results of controls where no infringement has been detected and whether a road transport undertaking has been using the smart tachograph, pursuant to Chapter II of Regulation (EU) No 165/2014, on all its vehicles. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this Directive.
Amendment 221 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 225 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 227 #
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 4
Article 9 – paragraph 4
4. In order to facilitate targeted roadside checks and provided that it is to be technically feasible, the data contained in the national risk rating system shall be accessible at the time of control to all the competent control authorities of the Member State concerned.;
Amendment 231 #
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
Amendment 243 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – Part A – point 6
Annex I – Part A – point 6
Amendment 244 #
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 275 #
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 96/71/EC], when performing international carriage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009 where the period of posting towithin their territory to perform these operations is shorter than or equal to 3[10] cumulative days during a period of one calendar month. A [7] day threshold should also apply to cabotage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009.
Amendment 291 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 a (new)
Article 2 – paragraph 2 – subparagraph 1 a (new)
International operations and cabotage operations falling under the scope of this Directive shall be excluded from the rules on long-term posting referred in Article 1 of the legislative act amending the Directive 96/71/EC.
Amendment 293 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 b (new)
Article 2 – paragraph 2 – subparagraph 1 b (new)
International operations and cabotage operations falling under the scope of this Directive shall be excluded from the provisions on collective agreements which are not universally applicable as defined in Article [...] of Directive 96/71/EC.
Amendment 296 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 c (new)
Article 2 – paragraph 2 – subparagraph 1 c (new)
Member States shall not apply neither this Directive, nor Directive 96/71/EC as amended by ... [2016/0070 (COD)] or Directive 2014/67/EU to transit operations.
Amendment 307 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 3 days[10]cumulative days concerning international transport and [7] cumulative days concerning cabotage, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entirfor the rest of the period of posting towithin their territory during the period of one calendar month referred to in the first subparagraph.
Amendment 330 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
Amendment 341 #
Proposal for a directive
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. For the purposes of the calculation of the periods of posting referred to in paragraph 2:, a day may not be less than at least 24 hours respectively spent in the territory of the host Member State. The weekly rest periods shall be excluded from the calculation of the periods of posting.
Amendment 350 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 362 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 377 #
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
Amendment 394 #
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 541 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
Amendment 588 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
The entry into force of this Directive shall repeal any provisions regarding the date of application of this Directive deriving from ... [2016/0070(COD)] amending Directive 96/71/EC.
Amendment 589 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 b (new)
Article 4 – paragraph 1 – subparagraph 1 b (new)
The transport sector is exempt from the measures deriving from the legislative act amending Directive 96/71/EC until the entry into force of enforcement requirements laying down specific rules with respect to transport of this Directive.