57 Amendments of Michael DETJEN related to 2017/0123(COD)
Amendment 31 #
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 for international transport 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 mandatore requirements for engagement in the occupation of road transport operator should apply equally.
Amendment 36 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) In its impact assessment, the Commission estimates savings for businesses in the range of EUR 2.7 to 5.2 billion in 2020-2035.
Amendment 54 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is necessary for the proper functioning of the European road haulage market to tackle letterbox companies. Decisive action is necessary in this context, to put an end to this practice, including enhanced cooperation, joint controls, the setting of targets and exchange of best practice between Member States.
Amendment 55 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) The road transport sector is currently faced with a shortage of professional drivers, particularly among young people and women. It is imperative that additional action is taken to make it easier and more attractive for young people and women to access the market, while also retaining those currently employed in the sector. To this end, fraudulent work and precarious work must be reduced, by efforts made to combat the abuse of fixed-term contracts, traineeship status used to replace regular work contracts and bogus self- employment.
Amendment 58 #
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 67 #
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 sufficient, minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis and to ensure that they are able to meet their obligations related to wages and social contributions for employees engaged in the sector. 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.
Amendment 72 #
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 possiblecontinually updated 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. Furthermore, the national electronic registers should be interoperable and the data contained therein should be directly accessible for enforcement officials of all Member States performing roadside checks. The rules on the national electronic register should therefore be amended accordingly.
Amendment 77 #
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, fair and easy to enforce, while broadly maintaining the level of liberaleading to a level playing field between hauliers, while safeguarding the advantages and integrity of the Union's internal market. To this end, it is imperative that EU rules on the posting of workers and the law applicable to contractual oblisgation achieved so fars are applied at the commencement of cabotage operations.
Amendment 86 #
Proposal for a regulation
Recital 8 a (new)
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.
Amendment 87 #
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and iIn order to reduce the environmental burden and to avoid empty runs, cabotage operations should be allowed following an international carriage to or from a haulier's Member State of establishment. 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 daysamount of time available for such operations in that Member State should be reduced.
Amendment 98 #
Proposal for a regulation
Recital 15
Recital 15
(15) Effective and efficient enforcement of the rules is a prerequisite for fair competition in the internal market and to ensure that the rights of workers are protected. Further digitalisation of enforcement is essential in order to free up enforcement capacity, reduce unnecessary administrative burden and better target high-risk transport operators. The rapid update and use of smart tachographs and electronic transport documents (eCMR) is necessary. 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.
Amendment 107 #
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 deletedreplaced 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 is lower than 3,5 tonnes;
Amendment 115 #
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
Amendment 125 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(2) in Article 3, paragraph 2 is deleted; replaced by the following: 2. Member States may decide to impose additional requirements, which shall be proportionate and non- discriminatory, to be satisfied by undertakings in order to engage in the occupation of road transport.
Amendment 126 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 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 which it keeps its core business documents, or secures access to them, either in written or electronic form, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to cabotage, posting of workers rules, 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;;
Amendment 133 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Regulation (EC) No 1071/2009
Article 5 – point d
Article 5 – point d
(d) manage theeffectively and regularly, a substantial part of transport operations carried out withusing the vehicles referred to in point (b) within the Member State of establishment and provide parking spaces proportionate to the size of the fleet of the vehicles and the appropriate technical equipment situated in that Member State;;
Amendment 136 #
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 employ staff proportionate to the activityies of the establishmentundertaking;
Amendment 143 #
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) have a clear link between the transport operations carried out using the vehicles referred to in point (b) and the Member State of establishment.
Amendment 152 #
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 – point b – point xii a (new)
Article 6 – point b – point xii a (new)
(xiia) cabotage
Amendment 161 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation 1071/2009
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 163 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
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 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 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. In addition, undertakings shall demonstrate that they have at their disposal an amount proportionate to one month's wage per mobile worker at the level of the country where they habitually carry out their activity;
Amendment 167 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 1071/2009
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 168 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
(8) in Article 12(2), the second subparagraph is deleted;replaced by following; 'Member States shall carry out checks at least every three years to verify that undertakings fulfil the requirements laid down in Article 3'
Amendment 179 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
(h) the number of employees, their names, nationality, country of residence, Member State of social contribution and social insurance number;
Amendment 187 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i a (new)
Article 1 – paragraph 1 – point 11 – point a – point i a (new)
Regulation (EC) No 1071/2009
Article 16 – Paragraph 2
Article 16 – Paragraph 2
(ia) the following point (ca) is added: ' (ca) the names and all relevant information of the road transport undertakings previously managed by the transport managers; '
Amendment 190 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
(aa) Paragraph -1 is added as follows: 'For more effective cross-border enforcement, the data contained in the national electronic registers shall be fully accessible and in real time to competent authorities from all Member States';
Amendment 192 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a b (new)
Article 1 – paragraph 1 – point 11 – point a b (new)
Regulation (EC) No 1071/2009
Article 16 – Paragraph 2 – point c
Article 16 – Paragraph 2 – point c
(ab) Article 16 - paragraph 2 - point c is amended as follows: "(c) the names of the transport managers designated to meet the conditions asrequirements laid down in Article 3 relating to good repute and professional competence or, as appropriate, the name of a legal representative; " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009R1071)
Amendment 194 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Regulation 1071/2009/EC
Article 5 – point a a (new)
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.
Amendment 198 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 4
Article 18 – paragraph 4
4. WIn relation to paragraphs 1 and 2, 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 and the Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. Where this is not possible, the request may be rejected by the requested Member State. In such a case, the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate.
Amendment 200 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 6
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 twenty-fivefifteen 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.another time limit is mutually agreed between the Member States concerned. Where this is not possible, the request may be rejected by the Member State. In such a case the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate;
Amendment 205 #
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 – subparagraph 1 a
Article 1 – paragraph 1 – subparagraph 1 a
Amendment 209 #
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 2
Article 1 – paragraph 2
Amendment 211 #
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
Amendment 216 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Regulation (EC) No 1072/2009
Article 3
Article 3
Amendment 229 #
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 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 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 theis incoming international carriage, subject to a transport contract;
Amendment 234 #
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 1071/2009
Article 6, paragraphe 1 point b (xii a) new
Article 6, paragraphe 1 point b (xii a) new
(xii a) cabotage
Amendment 241 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b a (new)
Article 2 – paragraph 1 – point 5 – point b a (new)
Regulation (EC) No 1072/2009
Article 8 – Paragraph 4
Article 8 – Paragraph 4
Amendment 242 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Regulation (EC) No 1072/2009
Article 8 – paragraph 4 a
Article 8 – paragraph 4 a
Evidence referred to in paragraph 3 shall be kept on board the vehicle, and 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 an electronic consignment note (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 theadditional evidence referred to in paragraph 3.
Amendment 248 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
Regulation (EC) No 1072/2009
Article 8 a (new)
Article 8 a (new)
(5a) the following Article 8a is added: ' Electronic Notification Road transport undertakings shall, by way of an electronic notification or in writing ahead of each cabotage operation performed, ensure that the competent authorities of all Member States are duly informed of the cabotage operation and relevant information necessary in order to allow for effective control of cabotage operations, at the latest at the commencement. This notification shall be made in one of the official languages of the host member state, or into another acceptable language, and shall include the following information: (i) the name of the consignor; (ii) the estimated duration of the operation; (iii) the driver's name, his country of residence, his country of social contributions and social insurance number; '
Amendment 248 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation 1071/2009
Article 7 paragraph 1
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.;
Amendment 252 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
Regulation (EC) No 1072/2009
Article 9 – paragraph 1 – point e a (new)
Article 9 – paragraph 1 – point e a (new)
(5b) In Article 9, in paragraph 1, the following point is added: (ea) the minimum rates of pay and paid annual leave, as stipulated in points (b) and (c) of the first subparagraph of Article 3(1) of Directive 96/71/EC of the European Parliament and of the Council*. __________________ *Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).
Amendment 259 #
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 organise checks in such a way that, as from 1 January 2020, in every calendar year at least 26 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 38 % 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 262 #
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 3
Article 10 a – paragraph 3
3. Member States shall, at least threesix times per year, undertake concerted roadside checks on cabotage operations, which may be performed in conjunction with checks carried out in accordance with Directive 2006/22/EC of the European Parliament and of the Council. 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.
Amendment 269 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14 a – paragraph 1
Article 14 a – paragraph 1
Member States shall provide for effective and dissuasive 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.
Amendment 272 #
(-i) the names of the road transport undertakings previously managed by the transport managers;
Amendment 273 #
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 have been delivered, hauliers referred to in paragraph 1 shall be permitted to carry out, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, up to threone cabotage operations following the international carriage from another Member State or from a third country to the host Member State. The last unloading iIn the course of such a cabotage operation, the unloading before leaving the host Member State shall take place within 7 days from the last unloading in the host Member State in the course of the incoming international carriage. Within the time limit referred to in the first subparagraph, hauliers may carry out some or all of the cabotage operations permitted undFollowing this cabotage operation, no further cabotage operations shall be permitted in that host Member State for a period of seven days. By way of derogation, a cabotage operation shall be allowed where that subparagraph in any Member State under the conditione geographical place of unloading for a cabotage operation is closer to the base of the undertaking thatn they are limited to one cabotage operation per Member State within 3 days of the place of loading for that same cabotage operation, as long as the first place of loading lies within a radius of 200 km from the place of unloaden entry into the territory of that Member State. ing for the last international carriage. Or. de (http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32009R1072)
Amendment 281 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h a (new)
Article 16 – paragraph 2 – point h a (new)
(ha) the name, nationality and country of residence of the drivers employed by the haulier;
Amendment 282 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h b (new)
Article 16 – paragraph 2 – point h b (new)
(hb) The Member State of registration of labour contracts;
Amendment 283 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h c (new)
Article 16 – paragraph 2 – point h c (new)
(hc) The social insurance number of the drivers employed by the haulier;
Amendment 303 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EC) No 1071/2009
Article 16 a (new)
Article 16 a (new)
Amendment 326 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 (new)
Article 1 – paragraph 1 – point 12 (new)
Regulation (EC) No 1071/2009
Article 18– paragraph 9 a (new)
Article 18– paragraph 9 a (new)
9a. Within two years from the entering into force of this Regulation, in order facilitate the cross-border enforcement of the EU legislation applicable to road transport, the European Commission shall propose a Regulation establishing a European Road Transport Agency.
Amendment 339 #
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 – subparagraph 1 a
Article 1 – paragraph 1 – subparagraph 1 a
Amendment 346 #
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 1 a (new)
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.
Amendment 358 #
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;;
Amendment 378 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation 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 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.;
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
Amendment 401 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a (new)
Article 2 – paragraph 1 – point 5 – point a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 2 b (new)
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.