BETA

18 Amendments of Karoline GRASWANDER-HAINZ related to 2017/0123(COD)

Amendment 86 #
Proposal for a regulation
Recital 8 a (new)
(8 a) In order to ensure that all EU rules for mobile workers are implemented in effective way, a European Land Transport Agency should be responsible for inspecting and enforcing the rules. It should provide operational and legal support to Member States to enforce social legislation and undertake European wide inspections. The European Land Transport Agency should be responsible for the monitoring of the European Road transport undertakings register.
2018/02/23
Committee: TRAN
Amendment 161 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Regulation 1071/2009
Article 1 – paragraph 6
6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall 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 with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: (a) require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b) lower the limit referred to in the first subparagraph for all or some categories of road transport operations.;deleted
2018/02/23
Committee: TRAN
Amendment 194 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a a (new)
Regulation 1071/2009/EC
Article 5 – point a a (new)
(a a) the following point (a a) is added: (a a) The vehicles referred to in point (b) shall perform, in the framework of a transport contract, at least one loading or one unloading of goods per week in the premises of one company located in the same territory than the one of the establishment country.
2018/02/23
Committee: TRAN
Amendment 234 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Regulation 1071/2009
Article 6, paragraphe 1 point b (xii a) new
(xii a) cabotage
2018/02/23
Committee: TRAN
Amendment 248 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Regulation 1071/2009
Article 7 paragraph 1
In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least : (a) EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. (b) two months’ worth of salary per employed mobile worker, at the level of the country where or from where they habitually carry out their activity. 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 with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.;
2018/02/23
Committee: TRAN
Amendment 272 #
(-i) the names of the road transport undertakings previously managed by the transport managers;
2018/02/23
Committee: TRAN
Amendment 281 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h a (new)
(ha) the name, nationality and country of residence of the drivers employed by the haulier;
2018/02/23
Committee: TRAN
Amendment 282 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h b (new)
(hb) The Member State of registration of labour contracts;
2018/02/23
Committee: TRAN
Amendment 283 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h c (new)
(hc) The social insurance number of the drivers employed by the haulier;
2018/02/23
Committee: TRAN
Amendment 303 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EC) No 1071/2009
Article 16 a (new)
(11a) The following Article 16 a is introduced: Article 16 a European Register for Road Transport Undertakings 1. The European Register for Road Transport Undertakings shall ensure the interconnection of national electronic registers accordingly to Commission regulation (EU) No 1213/2010 of16 December 2010. 2. Transport Undertakings shall establish an integrated operator file for each licensed operator containing all the information referred into Article 16 paragraph 2. 3. The European Register for Road Transport Undertakings shall establish an integrated compliance file for each licensed operator. The integrated compliance file shall include the following information : i. All the information related to the roadside checks of which the haulier has been the subject, accordingly to Article 4 of Directive 2006/22; ii. All the information related to the checks at the premises of which the hauliers have been the subject, accordingly to article 6 of Directive 2006/22; iii. All the information related to the operator risk rating, accordingly to Article 9 of Directive 2006/22; 4. The European Register for Road Transport Undertakings shall include a list of hauliers subject to an operating ban. The list shall be based on the risk rating ratio of the hauliers. The list shall be made public. 5. The European Land Transport Agency shall be responsible for the monitoring of the European Road transport undertakings register. The European Land Transport Agency shall be responsible for reviewing every year the list of hauliers subject to an operating ban. 6. The data included in the European Register for Road Transport Undertakings shall be accessible in real time to the competent authorities and authorities duly endowed with powers relating to supervision and the imposition of penalties in the road transport sector.
2018/02/23
Committee: TRAN
Amendment 339 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Regulation (EC) No 1072/2009
Article 1 – paragraph 1 – subparagraph 1 a
The carriage of empty containers or pallets shall be considered as carriage of goods for hire or reward whenever it is subject to a transport contract.;deleted
2018/02/23
Committee: TRAN
Amendment 346 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1072/2009
Article 1 – paragraph 1 a (new)
(1a) This Regulation shall also apply to incoming or outgoing carriage of goods by road as one leg of a combined transport journey as laid down in the Directive 92/106/EEC.
2018/02/23
Committee: TRAN
Amendment 358 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2 – paragraph 6
6. ‘cabotage operation’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery points, as, specified in the consignment note;;
2018/02/23
Committee: TRAN
Amendment 378 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Regulation 1072/2009
Article 8 paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another haulier's Member State or from a third country to a host Member Statef establishment have been delivered, the 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, up to two 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 5 day48 hours from the last unloading in the host Member State in the course of theis incoming international carriage, subject to a transport contract. After the 48 hours, the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle shall be allowed to perform cabotage operation after returning to the Member State of establishment of the road transport operator.;
2018/02/23
Committee: TRAN
Amendment 387 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
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 Stateto or from a haulier's Member State of establishment have been delivered, the hauliers referred to in paragraph 1 shall be allowed to carry out, with the same motor vehicle or with the same coupled combination or, in the case of a coupled combination, with only the motor vehicle of that same vehiclecoupled combination, 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 5 day48 hours from the last unloading in the host Member State in the course of theis incoming international carriage., subject to a transport contract;
2018/02/23
Committee: TRAN
Amendment 398 #
2a. Road transport undertakings shall not be allowed to carry out cabotage operations, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same host Member State within 7 days from the end of the 48 hours period referred to in paragraph 1
2018/02/23
Committee: TRAN
Amendment 401 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 2 b (new)
2b. In case the vehicle is not equipped with a smart tachograph, the control authorities may require clear evidence that operations have been carried out at least in 3 different member states in a time span of 7 consecutive days.
2018/02/23
Committee: TRAN
Amendment 416 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Regulation (EC) No 1072/2009
Article 8 – paragraph 4a
Evidence referred to in paragraph 3 shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as the eCMR.* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the evidence referred to in paragraph 3. This evidence, preferably using the eCMR, needs to be created prior to the starting time of the transport operation currently on-going.
2018/02/23
Committee: TRAN