46 Amendments of Richard SULÍK related to 2017/0121(COD)
Amendment 71 #
Proposal for a directive
Recital 5
Recital 5
Amendment 84 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Rules for the posting of workers applicable to international road transport activities should be balanced, simple, and with a low administrative burden for Member States and transport undertakings. They should not aim to discourage operations outside the country of establishment of an undertaking.
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 105 #
Proposal for a directive
Recital 12
Recital 12
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 129 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Member States should only apply points (b) and (c) of the first subparagraph of Article 3 (1) to road cabotage as defined by Regulations (EC) No 1072/2009 and 1073/2009 since the entire transport operation is taking place in a host Member State. As a consequence, the rules for the posting of workers should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver.
Amendment 135 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) The application and enforcement of the provisions on posting of workers in the cases of transit would generate high administrative burdens for Member States operators, as well as non-resident operators. There is no direct competition with national companies, nor sufficient link between driver and host country in the case of transit, therefore the Directive 96/71/EC, the legislative act [...] amending Directive 96/71/EC, and Directive 2014/67/EU should be inapplicable in such cases.
Amendment 152 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) A general implementation and application of the rules for the posting of workers to road transport could impact the structure of the Union road freight transport industry. Therefore, Member States and the Commission should closely monitor the impact of this process.
Amendment 155 #
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13b) Enforcement should concentrate on inspections at the premises of the undertakings. Roadside checks should not be excluded but should be undertaken in a non-discriminatory manner only for consignment notes or their electronic versions, confirmations of the pre- registration and attestation for return to country of operator´s establishment or driver´s residence. Roadside checks should control in the first place tachographs data which is important to determine the activity of a driver and vehicle over a four-week rolling period and the geographical coverage of this activity. The recording of the country code can help.
Amendment 158 #
Proposal for a directive
Recital 13 c (new)
Recital 13 c (new)
(13c) The impact of the application and the enforcement of the rules for the posting of workers on the road transport industry should be repeatedly evaluated by the Commission and reported to the Parliament and the Council, and proposals should be made to further simplify them and reduce the administrative burden.
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 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 183 #
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. Member States shall not undertake controls made according to Directive 2002/15/EC at the roadsides. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/ECU) No 165/2014 have been detected at the roadside.;
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 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 207 #
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 2510 working days from the receipt of the request in cases requiring in-depth examination or involving checks at premises of the undertakings concerned. A shorter time limit may be mutually agreed between the Member States. 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 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 251 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. For the purpose of this Article the following definitions shall apply: (a) 'Country' means the country of registration of the road transport operator, other EU Member State or third country. (b) 'Cross-trade road transport' means the transport operation including loading and unloading made by a road transport operator between two Member States which differ from a Member State or third country, where the operator is established. (c) 'Transit' means the through passage transport where the points of departure and destination are in another country or other countries and the transport passes through the territory of the transit country without loading or unloading. (d) 'Rolling four-week period' means a consecutive four weeks period of any type of international road transport operation excluding cabotage.
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 355 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) a daily working period longer than five hours and shorter than sixeight hours spent in the territory of a host Member State shall be considered as half a day;
Amendment 362 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 369 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) a daily working period of sixeight hours or more spent in the territory of a host Member State shall be considered as a full day;
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 568 #
Proposal for a directive
Article 2 – paragraph 5 c (new)
Article 2 – paragraph 5 c (new)
Directive 2006/22/EC
Article 2 – paragraph 2 – subparagraph 1 b (new)
Article 2 – paragraph 2 – subparagraph 1 b (new)
5c. International transport operations including cabotage 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 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.