18 Amendments of Lucy ANDERSON related to 2017/0290(COD)
Amendment 64 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Additionally, in order to guarantee the social protection of drivers and to ensure the well-functioning of the internal market, with fair and equal competition between Member States and operators, the provisions concerning the road leg of combined transport should be coordinated with the provisions concerning cabotage under Regulation (EC) No 1071/2009 1a and Regulation (EC) 1072/2009 1b, as well as with those under Directive 96/71/EC 1c on posting of drivers. _________________ 1aRegulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC, (OJ L300, 14.11.2009, p. 51). 1bRegulation (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 L300, 14.11.2009, p. 72). 1cDirective 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).
Amendment 77 #
Proposal for a directive
Recital 11
Recital 11
(11) The outdated usage of stamps in proving that a combined transport operation has occurred prevent the effective enforcement or the verification of eligibility for the measures provided for in Directive 92/106/EEC. The evidence necessary to prove that a combined transport operation is taking place should be clarified as well as the means by which such evidence is provided. TWith a view to encourage digitalisation, the use and transmission of electronic transport information, which should simplify the provision of relevant evidence and its treatment by the relevant authorities, should be encouraged. The format used should be reliable and authentic. The regulatory framework and initiatives simplifying administrative procedures and the digitalisation of transport aspects, should take into consideration developments at Union level.
Amendment 79 #
Proposal for a directive
Recital 12
Recital 12
(12) The scope of the current economic support measures defined in Directive 92/106/EEC is very limited, consisting of fiscal measures (namely the reimbursement or reduction of taxes) which concern only combined rail/road transport operations. Such measures should be extended to combined transport operations covering inland waterways and maritime transport. Other relevant types of measures, such as infrastructure investment support measures or different economic support measures, should also be supported, focusing on infrastructure investments and other economic support measures. In the case of inland navigation, measures ensuring water maintenance and navigability should also be mandatory for Member States, with the support of the European Commission.
Amendment 84 #
Proposal for a directive
Recital 13
Recital 13
(13) The main infrastructure bottleneck hampering the shift from road freight to other modes of transport is at the transhipment terminal level. The current distribution and coverage of transhipment terminals in the Union, at least along the existing TEN-T Core and Comprehensive network, is insufficient yet the capacity of existing transhipment terminals is reaching its limit and will need to develop in order to cope with overall freight traffic growth. Investing in transhipment terminal capacity may reduce overall transhipment costs, and hence produce a derived modal shift, as demonstrated in some Member States. Member States should therefore ensure, in coordination with the neighbouring Member States and with the Commission, that more combined transport transhipment terminals and transhipment capacity are constructed or made available to transport operators. This would incentivise the use of freight transport alternatives and increase modal shift, thus making combined transport operations more competitive than road transport alone. The increased coverage and capacity of transhipment terminals should, at the very minimum, be established along the existing TEN-T Core and Comprehensive networks. There should be on average at least one suitable transhipment terminal for combined transport located no further than 150 km from any shipment location in the Un, taking into account the various geographical and economic conditions of Member States and their regions.
Amendment 89 #
Proposal for a directive
Recital 14
Recital 14
(14) Member States should implement additional economic support measures in addition to the existing ones, targeting the various legs of a combined transport operation, in order to reduce the road freight and to encourage the use of other modes of transport such as rail, inland waterways and maritime transport, thereby reducing air pollution, greenhouse gas emissions, road traffic accidents, noise and congestion. Such measures may include the reduction of certain taxes or transport fees, investments in digitalisation, grants for intermodal load units effectively transported in combined transport operations, or the partial reimbursement of transhipments cost.
Amendment 96 #
Proposal for a directive
Recital 16
Recital 16
(16) Support measures should be coordinated, as needed, between Member States and the Commission, with a view to ensure a harmonised application of infrastructure planning and implementation.
Amendment 97 #
Proposal for a directive
Recital 17
Recital 17
(17) Support measures should also be reviewed on a regular basis by the Members States to ensure their effectiveness and efficiency, and the overall impact on the European transport sector, as reflected in the European Strategy for Low Emission Mobility.
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 92/106/EEC
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 159 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 92/106/EEC
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that road transport is considered forming part of a combined transport operation covered by this Directive only if the carrier can produce clear evidence that such road transport constitutes a road leg of a combined transport operation, including the transport of empty load units before and after the transport of goods.
Amendment 202 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 92/106/EEC
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The evidence referred to in paragraph 1 shall be presented or transmitted upon the request of the authorised inspecting officer of the Member State where the check is carried out. In case of road side checks, it shall be presented within the duration of such check. The evidence needs to be created before the start of the transport operation. It shall be in an official language of that Member State or in English. During a roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2.
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 92/106/EEC
Article 3 – paragraph 5 – subparagraph 1
Article 3 – paragraph 5 – subparagraph 1
The evidence may be provided through a transport document fulfilling the requirements laid down in Article 6 of Council Regulation No 11, or through other existing transport documents such as the Convention on the Contract for the International Carriage of Goods by Road (CMR) transport document, the Convention on the Contract for the Carriage of Goods by Inland Waterways (CMNI) or the Uniform Rules Concerning the Contract of International Carriage of Goods by Rail (CIM) transport document.
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 92/106/EEC
Article 4 a (new)
Article 4 a (new)
(3a) The following Article is inserted: "Article 4a Member States shall apply Directive 96/71/EC for the entire period of posting on their territory of drivers employed by road transport undertakings and which are carrying a road leg that is part of a combined transport operation.";
Amendment 225 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 92/106/EEC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the total and yearly volume in twenty-foot equivalent unit (TEU) and in tonne kilometres of combined transport operations by type of operation (rail, road/inland waterways, etc...) and by geographic coverage (national and intra- Union);
Amendment 227 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 92/106/EEC
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) the number and geographic coverage of terminals servicing combined transport operations and the yearly number of transhipments on those terminals;, including the types of operations and capacity used per terminal.
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 92/106/EEC
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) an overview of all national support measures used and envisaged, including their respective uptake and assessed impactcontribution to the transition to cleaner modes of transport. Attention should also be paid to the impacts of this Directive on the functioning of the EU road haulage market, road safety, environmental and social standards, and on the enforcement of cabotage rules in accordance with regulation (EC) No 1072/2009.
Amendment 232 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 92/106/EEC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. On the basis of the information provided by Member States, the European Commission shall assess whether it is necessary to propose additional measures, including legislative ones.
Amendment 235 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 92/106/EEC
Article 6 – paragraph 1
Article 6 – paragraph 1
(4a) In Article 6 paragraph 1 is replaced by the following: "1. Member States shall take the measures necessary to ensure that the taxes listed in paragraph 3 which are applicable to road vehicles (lorries, tractors, trailers or semi- trailers) when routed in combined transport are reduced or reimbursed either by a standard amount, or in proportion to the journeys that such vehicles undertake by rail or inland waterways, within limits and in accordance with conditions and rules they fix after consultation with the Commission. The reductions of reimbursements referred to in the first paragraph shall be granted by the State in which the vehicles are registered, on the basis of the rail or inland waterways journeys effected within that State. Member States may, however, grant these reductions or reimbursements on the basis of the rail or inland waterways journeys which take place partially or wholly outside the Member State in which the vehicles are registered. " Or. en (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:31992L0106&from=EN)
Amendment 250 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 92/106/EEC
Article 6 – paragraph 4 – subparagraph 2
Article 6 – paragraph 4 – subparagraph 2
Member States shall coordinate with neighbouring Member States and with the Commission and ensure that, when such measures are implemented, priority is given to ensuring a balanced and sufficient geographical distribution of suitable facilities in the Union, and notably on the TEN-T Core and Comprehensive networks, allowing that any location in the Union is not situated at a distance farther than 150 km from such terminal.