Activities of Emilian PAVEL related to 2017/0123(COD)
Plenary speeches (1)
Enforcement requirements and specific rules for posting drivers in the road transport sector - Daily and weekly driving times, minimum breaks and rest periods and positioning by means of tachographs - Adapting to development in the road transport sector (debate) RO
Amendments (8)
Amendment 44 #
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, including the process of directly billing their clients or, in case of a subsidiary system, the billing should be done in a proportionate way by the parent company. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment, as well as of a direct billing system with the beneficiary of the provided system, in order to ensure a proportionate profit shifting, avoid under billing in the Member State that provides the service and the underpayment of the employees in that Member State.
Amendment 88 #
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 reducgulated in a proportionate way so that empty runs, as well as unfair competition practices, are avoided.
Amendment 144 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d a (new)
Article 1 – paragraph 1 – point 3 – point d a (new)
(da) The following point (f) is added: (f) directly bill the beneficiaries of the services they provide or, in case of a subsidiary system, the billing should be done in a proportionate way by the parent company;
Amendment 201 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18
Article 18
9a. Member States shall conduct cross-country controls on related transport companies (parent - subsidiary companies) in order to identify disproportionate profit-shifting or under- billing infringements;
Amendment 227 #
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 56 days from the last unloading in the host Member State in the course of the incoming international carriage.;
Amendment 255 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation 1072/2009
Article 10 a – paragraph 1
Article 10 a – paragraph 1
Amendment 265 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 (new)
Article 2 – paragraph 1 – point 7 (new)
Regulation 1071/2009/EC
Article 10 a
Article 10 a
3a. Member States shall, at least once a year, undertake concerted accountant checks for transport companies which have subsidiaries in other Member States in order to identify and penalize disproportionate profit shifting or under billing practices.
Amendment 272 #
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
Regulation 1072/2009/EC
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. By 31 January of every year, at the latest, Member States shall inform the Commission of the number of transport companies that have subsidiaries in other Member States, the number of transport companies that have been verified for infringements of under-billing and/or disproportionate profit shifting.