Activities of Helga STEVENS related to 2017/0123(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the sector
Amendments (40)
Amendment 28 #
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, tohas been increasing, particularly on the national transport market, because of those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common ruse of light commercial vehicles in towns and on shorter routes. Nonetheless, and thus toit is approximpriate competitive conditions between all opthat, for undertakings engaged in internators, this provision should be deleted, whereasional transport, the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory. This will enable fairer competition on the internal market to be achieved without imposing unnecessary administrative and financial burdens on transport undertakings, particularly SMEs.
Amendment 38 #
Proposal for a regulation
Recital 3
Recital 3
(3) Currently, Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. This possibility has not proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolished.
Amendment 42 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The evaluation of Regulations (EC) Nos 1071/2009 and 1072/2009 has shown that unnecessary administrative and regulatory requirements are a burden for both government bodies and transport undertakings. A clarification of the rules and further administrative simplification, in line with the REFIT objectives, are necessary for a competitive and efficient transport industry. This also requires further support for and exploitation of technological developments.
Amendment 45 #
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common ruhas been increasing, particularly on the national transport market, because of the use of light commercial vehicles in towns and on shorter routes. Nonetheless, and thus toit is approximpriate competitive conditions between all opthat, for undertakings engaged in internators, this provision should be deleted, whereasional transport, the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory. This will enable fairer competition on the internal market to be achieved without imposing unnecessary administrative and financial burdens on transport undertakings, particularly SMEs.
Amendment 46 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment, as resort to the illegal practice of operating letterbox companies persists and is even increasing.
Amendment 52 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Freedom of establishment is a cornerstone of the internal market. However, the illegal practice of using letterbox companies is a threat to the functioning and long-term survival of the internal market. Evaluation has highlighted a clear need for clearer establishment requirements, more intensive monitoring and enforcement, and improved cooperation between Member States. The EU should intensify the fight against fraud and unfair competition in order to create a level playing field.
Amendment 54 #
Proposal for a regulation
Recital 3
Recital 3
(3) Currently, Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. This possibility has not proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolished.
Amendment 58 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The evaluation of Regulations (EC) Nos 1071/2009 and 1072/2009 has shown that unnecessary administrative and regulatory requirements are a burden for both government bodies and transport undertakings. A clarification of the rules and further administrative simplification, in line with the REFIT objectives, are necessary for a competitive and efficient transport industry. This also requires further support for and exploitation of technological developments.
Amendment 61 #
Proposal for a regulation
Recital 7
Recital 7
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 64 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment, as resort to the illegal practice of operating letterbox companies persists and is increasing.
Amendment 67 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Freedom of establishment is a cornerstone of the internal market. However, the illegal practice of using letterbox companies is a threat to the functioning and long-term survival of the internal market. Evaluation has highlighted a clear need for clearer establishment requirements, more intensive monitoring and enforcement, and improved cooperation between Member States. The Union should intensify the fight against fraud and unfair competition in order to create a level playing field.
Amendment 75 #
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far. Cabotage operations meet the objective of environmental efficiency; by avoiding unladen journeys, it is possible to reduce fuel consumption and GHG emissions. However, cabotage should not be misused in order to circumvent the applicable labour and social law of the host Member State. This would undermine not only the level playing field, but also workers’ rights and road safety.
Amendment 81 #
Proposal for a regulation
Recital 7
Recital 7
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 91 #
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be reduced, in accordance with the actual purpose of cabotage.
Amendment 95 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Recital 17 of Regulation (EC) No 1072/2009 explicitly stipulates that the Directive concerning the posting of workers in the framework of the provision of services applies to transport undertakings performing a cabotage operation. Since cabotage involves direct participation in the transport market of the host Member State, this is the only way of achieving a level playing field.
Amendment 96 #
Proposal for a regulation
Recital 11
Recital 11
(11) The information about transport operators contained in the national electronic registers should be as complete as possiblend up to date, to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations(EC) No 1071/2009 and (EC) No 1072/2009. In addition, the national electronic registers must be interoperable in order to ensure a smooth exchange of information between the Member States. The rules on the national electronic register should therefore be amended accordingly.
Amendment 104 #
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far. Cabotage operations meet the objective of environmental efficiency. By avoiding unladen journeys, it is possible to reduce fuel consumption and GHG emissions. However, cabotage should not be misused in order to circumvent the applicable labour and social law of the host Member State. This would undermine not only the level playing field, but also workers’ rights and road safety.
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
(i) point (a) is deleted;replaced by the following: 'undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3.5 tonnes and that engage only in national transportation. Member States may, however, lower this limit for all or some categories of road transport operations.’
Amendment 120 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1071/2009
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 123 #
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be reduced, in accordance with the actual purpose of cabotage.
Amendment 128 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Recital 17 of Regulation (EC) No 1072/2009 explicitly stipulates that the Directive concerning the posting of workers in the framework of the provision of services applies to transport undertakings performing a cabotage operation. Since cabotage involves direct participation in the transport market of the host Member State, this is the only way of achieving a level playing field.
Amendment 137 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Regulation (EC) No 1071/2009
Article 5 – point e
Article 5 – point e
(e) hold assets and eave the necessary means to comploy staff proportionate to the activity of the establishwith the above-mentioned requirements;
Amendment 143 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
(i) point (a) is deleted;replaced by the following: (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3.5 tonnes and that engage only in national transportation. Member States may, however, lower this limit for all or some categories of road transport operations.
Amendment 145 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EC) No 1071/2009
Article 5 – paragraph 2 (new)
Article 5 – paragraph 2 (new)
(3a) the following paragraph 2 is added: ‘The assessment of the effective and stable establishment of an undertaking is always an individual and general assessment, taking into account all relevant factors.’
Amendment 149 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Regulation (EC) No 1071/2009
Article 6 – paragraph 1 – point b – point xi a (new)
Article 6 – paragraph 1 – point b – point xi a (new)
(xia) cabotage
Amendment 160 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 1071/2009
Article 6 – paragraph 2 a
Article 6 – paragraph 2 a
(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workersevading the applicable labour and social legislation;
Amendment 173 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation 1071/2009/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 207 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
VERORDENING (EG) nr. 1071/2009
Artikel 5, letter e
Artikel 5, letter e
(e) hold assets and employ staff proportionate to the activity of the establishave the necessary means to comply with the above-mentioned requirement.s;
Amendment 215 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation 1071/2009/EC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(3a) The assessment of the effective and stable establishment of an undertaking in the Member State concerned is always an individual and general assessment, taking into account all relevant factors.
Amendment 228 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
VERORDENING (EG) nr. 1071/2009
Artikel 6, lid 1, alinea 3, letter b, punt xi(bis)(nieuw)
Artikel 6, lid 1, alinea 3, letter b, punt xi(bis)(nieuw)
(xia) Cabotage
Amendment 232 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 53 days from the last unloading in the host Member State in the course of the incoming international carriage;
Amendment 239 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EC) No 1072/2009
Article 8 – paragraph 3
Article 8 – paragraph 3
National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding genuine international carriage.;
Amendment 243 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
VERORDENING (EG) nr. 1071/2009
Artikel 6, lid 2 bis, letter b
Artikel 6, lid 2 bis, letter b
(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workersevading the applicable labour and social legislation;
Amendment 256 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10 a – paragraph 1
Article 10 a – paragraph 1
1. Each Member State shall be responsible for pursuing an effective enforcement policy in its territory. As part of that policy, each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 2 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 1071/2009
Article 7 – paragraph 2
Article 7 – paragraph 2
2. By way of derogation from paragraph 1, in the absence of certified annual accounts the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee, a document issued by a financial institution establishing access to credit in the name of the undertaking, or another binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1.';
Amendment 342 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation (EC) No 1072/2009
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
‘TFor the purposes of Chapter III on cabotage, the carriage of empty containers or pallets shall not be considered as carriage of goods for hire or reward whenever it is subject to a transport contract.'.’;
Amendment 392 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 53 days from the last unloading in the host Member State in the course of the incoming international carriage.';
Amendment 413 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
‘National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the genuine preceding international carriage.';
Amendment 432 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 1 a – paragraph 1
Article 1 a – paragraph 1
1. Each Member State shall be responsible for pursuing an effective enforcement policy in its territory. As part of that policy, it shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 2 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.