21 Amendments of Agnieszka KOZŁOWSKA related to 2017/0121(COD)
Amendment 102 #
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 110 #
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. Checks of conformity with Directive 2002/15/EC shall be done solely at premises. 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 119 #
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 State 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 shorterdifferent time limit may be mutually agreed between the Member States if justified by the nature of the request. 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 days.
Amendment 137 #
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 156 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Transit operations are fully exempted from the scope of Directive 96/71/EC and this Directive.
Amendment 158 #
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
1b. International transport operations as defined by regulations 1072/2009 and 1073/2009 are fully exempted from the scope of Directive 96/71/EC and this Directive.
Amendment 179 #
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 carricabotage 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 3 days during a period of one calendar month.
Amendment 218 #
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 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 240 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. Cabotage operations falling under the scope of this Directive are excluded from rules on long-term posting referred in Article 1 of the legislative act amending Directive 96/71/EC.
Amendment 241 #
Proposal for a directive
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3b. Cabotage operations falling under the scope of this Directive shall be excluded from rules on collective agreements which are not universally applicable as defined in Article [...] of Directive 96/71/EC.
Amendment 246 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. For the purpose of transport operations covered by this Directive, Article 9 paragraph 1 and 2 of the Enforcement Directive 2014/67/EU is replaced by the following: Member States may only impose the following administrative requirements and control measures:
Amendment 259 #
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 postingstandardized, electronic, simple 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, containing only the following information:
Amendment 281 #
Proposal for a directive
Article 2 – paragraph 4 – point a – subparagraph 1 a (new)
Article 2 – paragraph 4 – point a – subparagraph 1 a (new)
For the purposes of this point, the road transport operator may provide a simple declaration covering a period of a maximum of six months. The information referred to in points from (ii) to (vi) shall be updated electronically by the road transport operator in line with current factual situation.
Amendment 288 #
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make available, where requested at the roadside control, in paper or electronic form, a copy of the postinga simple declaration and evidence of transport operation taking place in the host Member State, such as: an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.
Amendment 304 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 315 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 323 #
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (ec), at the request of the authorities of the host Member State within a reasonable period of time;
Amendment 329 #
Proposal for a directive
Article 2 – paragraph 4 –subparagraph 1 a (new)
Article 2 – paragraph 4 –subparagraph 1 a (new)
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 help in carrying out the check. Checks and controls of employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC and/ or payslips shall be carried out solely at the premises.
Amendment 339 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 343 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. For the purposes of point (a) of paragraph 4 the road transport operator may provide a posting declaration covering a period of a maximum of six monthsBy ... [two years after the date of entry into force of this Directive], the Commission shall develop the standardised form of the simple declaration containing only the information as specified in paragraph 4(a) (i) to (vi).
Amendment 364 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from […]... [the date when COD 2016/007 -revised Posting of Workers Directive is applicable.