8 Amendments of Claudia SCHMIDT related to 2017/0121(COD)
Amendment 124 #
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. _________________ 18 Regulation (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). 19 Regulation (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)transit and international transport operations where both the driver and the vehicle return to the Member State of establishment should not be subject to Directive 96/71/EC. There is no direct competition with national companies in the case of transit and international transport and there is a clear link of the driver to the Member State of establishment of the company, therefore the Directive 96/71/EC is inapplicable in such cases.
Amendment 128 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
Amendment 414 #
Proposal for a directive
Article 2 – paragraph 4 – point a – introductory part
Article 2 – paragraph 4 – point a – introductory part
(a) an obligation for the road transport operator established in another Member State to send a posting declaration to the national competent authorities at the latest at the commencement of the posting, in electronic form,a standardised electronic form developed and made available by the Commission in anll official languages of the host Member State or in EnglishUnion, containing only the following information:
Amendment 444 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iv
Article 2 – paragraph 4 – point a – point iv
(iv) the anticipated duration, envisaged beginning and end date of the posting;
Amendment 500 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
(d) an obligation for the drivertransport manager or other contact person(s) in the Member State of establishment to keep and make available, where requested at the roadside control, in paper or electronic form, a copy of the employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC20, translated of the driver, into one of the official languages of the host Member State or into English; _________________ 20 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).s within 14 days of the request made by the relevant authorities of the host Member State; Council Directive 91/533/EEC of 14
Amendment 523 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
(e) an obligation for the drivertransport manager or other contact person(s) in the Member State of establishment to make available, where requested at the roadside control, in paper or electronic form, a copy of payslips for last two months; during the roadside check, the driver shall be allowed to contact the head office, the transport manager or anthe driver’s payslips for the preceding two calendar months within 14 days of the request made by other person or entity which may provide this copy relevant authorities of the host Member State;
Amendment 531 #
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 (e),c) at the request of the authorities of the host Member State within a reasonable period of time;
Amendment 557 #
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 for all posted workers covering a period of a maximum of six months (summary declaration).