32 Amendments of Geoffroy DIDIER related to 2017/0123(COD)
Amendment 30 #
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 rules, and thus to approximate competitive conditionsensure fair and equal competition between all operators in the sector, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory for all vehicles used in international haulage and cabotage operations, of whatever size.
Amendment 45 #
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 establishmentand strengthen the provisions set out in Article 5 of Regulation (EC) No 1071/2009 regarding the existence of an effective and stable establishment in order to combat the establishment of so- called letterbox companies.
Amendment 46 #
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 rules, and thus to approximate competitive conditionsensure fair and equal competition between all operators in the sector, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory for all vehicles used in international haulage and cabotage operations, of whatever size.
Amendment 56 #
Proposal for a regulation
Recital 6
Recital 6
(6) In view of their potential to considerably affect the conditions for fair competition in the road haulage market, serious infringements of national tax rules should be added to the items relevant to the assessment of good repute and should also be subject to deterrent sanctions in proportion to the infringement identified.
Amendment 63 #
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 establishmentand strengthen the provisions set out in Article 5 of Regulation (EC) No 1071/2009 regarding the existence of an effective and stable establishment in order to combat the establishment of so- called letterbox companies.
Amendment 68 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Moreover, in order to ensure the effectiveness of a link between the country of establishment and transport operations, a minimum number of operations must be carried out by the fleet of vehicles used in the Member State where the transport undertaking is established. In addition, the undertaking must have a minimum turnover in the country where it is established.
Amendment 70 #
Proposal for a regulation
Recital 10
Recital 10
(10) 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 with combinations of vehicles not exceeding that limit 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, sinceThe rules applicable to access to the operccupations 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 of road haulage operator by means of 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 are those set out in Regulation (EC) No 1071/2009.
Amendment 72 #
Proposal for a regulation
Recital 6
Recital 6
(6) In view of their potential to considerably affect the conditions for fair competition in the road haulage market, serious infringements of national tax rules should be added to the items relevant to the assessment of good repute and should also be subject to deterrent sanctions in proportion to the infringement identified.
Amendment 76 #
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, whil– in order to avoid their having to return empty – should be clear, simple for hauliers to implement and easy to enforce in order to guarantee broadly maintaining the level of liberalisation achieved so far transport workers’ rights and promote fair competition between companies without undermining the basic principle of the free movement of services in the internal market.
Amendment 86 #
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks and to eliminate uncertainty and the danger of systematic cabotage, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, whilemaintained and the number of days available for such operations should be reduced. It should be possible to determine whether cabotage is possible in three days with a single operation, which would be enough to ensure vehicles in an international operation would not have to return empty.
Amendment 92 #
Proposal for a regulation
Recital 10
Recital 10
(10) 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 with combinations of vehicles not exceeding that limit 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 limitThe rules applicable to access to the occupation of road haulage operator using 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 are those set out in Regulation (EC) No 1071/2009.
Amendment 105 #
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, whil– in order to avoid their having to return empty – should be clear, simple for hauliers to implement and easy to enforce in order to guarantee broadly maintaining the level of liberalisation achieved so far transport workers’ rights and promote fair competition between companies without undermining the basic principle of the free movement of services in the internal market.
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 1071/2009
Article 1 – paragraph 6
Article 1 – paragraph 6
Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall notalso 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.
Amendment 118 #
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks and to eliminate uncertainty and the risk of systematic cabotage, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, whilemaintained and the number of days available for such operations should be reduced. The time limit for cabotage should be set at three days with a single operation, which would be enough to ensure vehicles in an international operation would not have to return empty.
Amendment 131 #
Proposal for a regulation
Recital 15
Recital 15
(15) 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,o ensure fair competition in each internal market, the application of EU rules to electronic transport information, the use and transmission of which should simplify the provision of relevant evidence and its treatment by the competent authorities, should be subject to effective control. 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. To do that, it is desirable to continue the process of making transport documents paperless in order to simplify controls and administrative and procedures. Thus, in the spirit of the Additional Protocol of 20 February 2008 to the Convention on the Contract for the International Carriage of Goods by Road (CMR), the use of electronic documents should eventually become the rule, particularly the electronic consignment note.
Amendment 167 #
Proposal for a regulation
Article premier – paragraph 1 – point 1 – point b
Article premier – paragraph 1 – point 1 – point b
Règlement (CE) 1071/2009
Article 1 – paragraph 6 – subparagraph 1
Article 1 – paragraph 6 – subparagraph 1
Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall notalso 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.
Amendment 168 #
Proposal for a regulation
Article premier – paragraph 1 – point 1 – point b
Article premier – paragraph 1 – point 1 – point b
Règlement (CE) 1071/2009
Article 1 – paragraph 6 – subparagraph 2
Article 1 – paragraph 6 – subparagraph 2
Amendment 184 #
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point a
Article premier – paragraph 1 – point 3 – point a
Règlement (CE) 1071/2009
Article 5 – point a
Article 5 – point a
(a) have premises in which it keeps its core business documentsappropriate premises, proportionate to the activities of the undertaking in the member State of establishment, in which it keeps its core business documents, accessible either in hard copy or electronic form, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to 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;;
Amendment 197 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – point 3 a
Article 18 – point 3 a
3a. In order to facilitate cooperation between administrations and the exchange of best monitoring practice, the Member States shall work together with the platform for combating undeclared work and the European Labour Authority
Amendment 202 #
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point c
Article premier – paragraph 1 – point 3 – point c
Règlement (CE) 1071/2009
Article 5 – point d
Article 5 – point d
(d) manage the transport operations carried out with the vehicles referred to in point (b) and the servicing of this fleet of vehicles with the appropriate technical equipment situated in that Member State;;
Amendment 210 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1072/2009
Article 1 – paragraph 5 – point c
Article 1 – paragraph 5 – point c
(1a) In Article 1(5), point (c) is deleted.
Amendment 212 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2–paragraph 6
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;', with the main aim of ensuring that lorries do not travel empty;
Amendment 212 #
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point d a (new)
Article premier – paragraph 1 – point 3 – point d a (new)
Règlement (CE) 1071/2009
Article 5 – point d a (new)
Article 5 – point d a (new)
(da) organises its activities in such a way that each vehicle used in international transport operations performs, at least once every two weeks, one commercial loading or unloading of goods operation in the country of establishment of the undertaking concerned.
Amendment 217 #
Proposal for a regulation
Article premier – paragraph 1 – point 4 – point a – point i
Article premier – paragraph 1 – point 4 – point a – point i
Règlement (CE) 1071/2009
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
In determining whether an undertaking, irrespective of the type of vehicle it uses in its transport operations, has satisfied that requirement, Member States shall consider the conduct of the undertaking, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State. Any reference in this Article to convictions, penalties or infringements shall include convictions, penalties or infringements of the undertaking itself, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State.;
Amendment 226 #
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 Statesin order to avoid returning empty. The last unloading in the course of athe single authorised 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 237 #
Proposal for a regulation
Article premier – paragraph 1 – point 4 – point a – point iii (new)
Article premier – paragraph 1 – point 4 – point a – point iii (new)
Règlement (CE) 1071/2009
Article 6 – paragraphe 1 – point b – sous point xiii (nouveau)
Article 6 – paragraphe 1 – point b – sous point xiii (nouveau)
(xiia) cabotage
Amendment 263 #
Proposal for a regulation
Article premier – paragraph 1 – point 6 a (new)
Article premier – paragraph 1 – point 6 a (new)
Regulation (EC) No 1072/2009
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
(6a) Vehicles used for purposes of cabotage must carry all the consignment notes corresponding to each operation, in paper or electronic form. In the event of an inspection, the driver must be able to immediately produce, for the officer of the host Member State carrying it out, the consignment notes covering all the work he has performed in the 60 days before the date of the inspection.
Amendment 312 #
Proposal for a regulation
Article premier – paragraph 1 – point 12 (new)
Article premier – paragraph 1 – point 12 (new)
Directive (CE) 1071/2009
Article 18 – point 3 nouveau
Article 18 – point 3 nouveau
3a. In order to facilitate cooperation between administrations and the exchange of best monitoring practices, the Member States shall work together with the undeclared work platform and the European Labour Authority.
Amendment 329 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Regulation (EC) No 1071/2009
Article 23 – paragraph 2 (new)
Article 23 – paragraph 2 (new)
(12a) Undertakings which only operate road vehicles with a permissible laden mass that does not exceed 3.5 tonnes must comply with this Regulation from the entry into force of this amendment.
Amendment 351 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1072/2009
Article 1 – paragraph 5 – point c
Article 1 – paragraph 5 – point c
(1a) (1a) In Article 1(5), point (c) is deleted.
Amendment 354 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2 – paragraph 6
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, with the main aim of ensuring that lorries do not travel unladen;’;
Amendment 389 #
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 Statesin order to avoid returning empty. The last unloading in the course of athe single 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.';