BETA

Activities of Dieter-Lebrecht KOCH related to 2017/0123(COD)

Plenary speeches (2)

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) DE
2016/11/22
Dossiers: 2017/0123(COD)
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) DE
2016/11/22
Dossiers: 2017/0123(COD)

Amendments (28)

Amendment 47 #
Proposal for a regulation
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 exceedingof 2.8 to 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatorye requirements governing exercise of the occupation of road transport operator should also apply to them.
2018/02/23
Committee: TRAN
Amendment 61 #
Proposal for a regulation
Recital 4
(4) In order to put an end to so-called letter-box companies and the distortion of competition they cause, 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 businessprovide most of their transport services in the Member State of establishment or from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment.
2018/02/23
Committee: TRAN
Amendment 80 #
Proposal for a regulation
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.
2018/02/23
Committee: TRAN
Amendment 91 #
Proposal for a regulation
Recital 10
(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limitof 2.8 to 3.5 tonnes should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit.
2018/02/23
Committee: TRAN
Amendment 99 #
Proposal for a regulation
Recital 11
(11) The information about transport operators contained in the national electronic registers should be as complete as possible to allow national authorities in charge of enforcing the relevant rules and inspectors carrying out roadside checks 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. The rules on the national electronic register should therefore be amended accordingly.
2018/02/23
Committee: TRAN
Amendment 107 #
Proposal for a regulation
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, because only in that way will it be possible to prevent illegal cabotage.
2018/02/23
Committee: TRAN
Amendment 119 #
Proposal for a regulation
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, whileAs Member States have been unable to monitor the number of cabotage operations subsequent to an international carriage operation, this criterion should be abolished in order finally to make it possible to monitor cabotage and do away with current uncertainties. At the same time, the limitation of cabotage should in future be based only on the number of dayhours available for such operations should be reduced.
2018/02/23
Committee: TRAN
Amendment 132 #
Proposal for a regulation
Recital 15
(15) Experience has shown that the existing rules are not being properly enforced and that, despite appropriate legislation being adopted, current problems have not therefore been resolved. In order to ensure more efficient enforcement, digitisation must be introduced throughout Europe in this sector. Electronic transport documents (eCMR) and the networking of national electronic registers of road undertakings (ERRU) which has been in progress since 2012 must be made to work properly at long last and employed throughout Europe. The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures.
2018/02/23
Committee: TRAN
Amendment 149 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Verordnung (EG) Nr. 1071/2009
Artikel 1 – Absatz 4 – Buchstabe a
(i) point (a) is deleted;replaced by the following: (a) undertakings engaged in the occupation of road haulage operator using only motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 2.8 tonnes.
2018/02/23
Committee: TRAN
Amendment 156 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 1071/2009
Article 1 – paragraph 6
(b) the following paragraph 6 is added: '(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: require those undertakings to apply some or all of the provisions referred to in the first subparagraph; lower the limit referred to in the first subparagraph for all or some categories of road transport operations.';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 186 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Verordnung (EG) Nr. 1072/2009
Artikel 5 – Buchstabe a
(a) have an establishment situated in that Member State with premises in which it keeps its core business documents, in particular its commercial contracts, accounting documents, personnel management documents, labour contractpay slips, documents containing data relating to cabotage and driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;.
2018/02/23
Committee: TRAN
Amendment 200 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c
Verordnung (EG) Nr. 1071/2009
Artikel 5 – Buchstabe d
(d) manage the transport operations carried ouor provide most of the transport services from that Member State or have more parking spaces than would be consistent with the number of vehicles as referred to in point (b) with and other appropriate technical equipment situated in that Member State;;
2018/02/23
Committee: TRAN
Amendment 233 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Verordnung (EG) Nr. 1071/2009
Artikel 6 – Absatz 1 – Unterabsatz 3 – Buchstabe b – Ziffer xii a (neu)
xiia) cabotage
2018/02/23
Committee: TRAN
Amendment 249 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 1071/2009
Article 7 – paragraph 1 – subparagraph 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 undertakingUndertakings engaged in the occupation of road haulage operator by means of motor vehicles with a permissible laden mass exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, ithey hasve at itstheir disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceedingof between 2.8 tonnes and 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceedingof between 2.8 tonnes and 3.5 tonnes shall demonstrate for those vehicles, 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 264 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1071/2009
Article 12 – paragraph 2 – subparagraph 2
(8) in Article 12(2), the second subparagraph is deleted;replaced by the following: ‘Member States shall carry out checks every four years to verify that undertakings fulfil the requirements laid down in Article 3.’
2018/02/23
Committee: TRAN
Amendment 278 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – subparagraph 1 – point h
(h) the number of employeesdrivers and their place of residence;
2018/02/23
Committee: TRAN
Amendment 293 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point ii
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – subparagraph 4
In any case, the data referred to in points (e) to (j) of the first subparagraph shall only be accessible to authorities other than the competent authorities where theyWhen carrying out roadside checks, supervising officials who are duly endmpowered with powers relatingregard to supervision and the imposition of penalties in the road transport sector and their officials are sworn to, or otherwise are under a formal obligation of, secrecy shall have direct electronic access to the data referred to in points (a) to (j) of the first subparagraph from all Member States.’;
2018/02/23
Committee: TRAN
Amendment 310 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 3
3. Member States shall reply to requests for information from all competent authorities of other Member States and, where necessary, carry out checks, inspections and investigations concerning compliance with the requirement laid down in Article 3(1)(a) by road transport operators established in their territory. Requests for information by competent authorities of Member States shall be reasoned. To this end, requests shall include credible indications of possible infringements of Article 3(1)(a).
2018/02/23
Committee: TRAN
Amendment 313 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 4
4. Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within tenfive working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.
2018/02/23
Committee: TRAN
Amendment 324 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 6
6. In response to requests under paragraph 3, Member States shall supply the requested information and carry out the required checks, inspections and investigations within 215 working days from the receipt of the request, unless they have informed the requesting Member State that the request is insufficiently reasoned or of the impossibility or the difficulties pursuant to paragraphs 4 and 5.
2018/02/23
Committee: TRAN
Amendment 348 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1072/2009
Article 1 – paragraph 5 – subparagraph 1 – point c
(1a) In the first subparagraph of Article 1(5), point (c) is replaced by the following: ‘(c) carriage of goods in motor vehicles the permissible laden mass of which, including that of trailers, does not exceed 3,52.8 tonnes; ’ Or. de (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R1072- 20130701&qid=1518770694510&from=EN)
2018/02/23
Committee: TRAN
Amendment 364 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point -a (new)
Regulation (EC) No 1072/2009
Article 4 – paragraph 1 – point c
(-a) In paragraph 1, point (c) is added: ‘(c) carries out his transport services with vehicles equipped with a smart tachograph within the meaning of Regulation (EU) No 165/2014.’
2018/02/23
Committee: TRAN
Amendment 371 #
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 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 5 day48 hours from the last unloading in the host Member State in the course of the incoming international carriage.' After 48 hours, the driver and vehicle or combination of vehicles shall return to the state in which the haulier is established. For the following five days, neither the same driver nor the same vehicle or same combination of vehicles may be used for further cabotage operations. This restriction on cabotage operations shall apply only until such time as there is a harmonised tax and employment law environment in the internal market.’;
2018/02/23
Committee: TRAN
Amendment 406 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Regulation (EC) No 1072/2009
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 producepossesses a cabotage document, applied for in advance, which sets out the following: (a) name and registered office of the undertaking concerned; (b) registration number and chassis number of the vehicle used for the cabotage operation; (c) duration of the cabotage operation; (d) identity of the driver and his or her place of residence; (e) clear evidence of the preceding international carriage.
2018/02/23
Committee: TRAN
Amendment 421 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Regulation (EC) No 1072/2009
Article 8 – paragraph 4 a
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.
2018/02/23
Committee: TRAN
Amendment 436 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10a – paragraph 1
1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 24 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 35 % 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.
2018/02/23
Committee: TRAN
Amendment 440 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10a – paragraph 3
3. Member States shall, at least threefour times per year, undertake concerted roadside checks on cabotage operations. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.
2018/02/23
Committee: TRAN
Amendment 444 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Member States shall provide for deterrent sanctions against consignors, freight forwarders, contractors and subcontractors for non- compliance with Chapters II and III, where they knowingly commission transport services which involve infringements of this Regulation.
2018/02/23
Committee: TRAN