2 Amendments of Barbara THALER related to 2017/0123(COD)
Amendment 9 #
Council position
Recital 22
Recital 22
(22) While the further liberalisation established by Article 4 of Council Directive 92/106/EEC9 , compared to cabotage under Regulation (EC) No 1072/2009, has been beneficial in promoting combined transport and should, in principle, be retained, it is necessary to ensure that it is not misused. Experience shows that, in certain parts of the Union, that provision has been used in a systematic manner to circumvent the temporary nature of cabotage and as the basis for the continuous presence of vehicles in a Member State other than that of the establishment of the undertaking. SWhile such unfair practices risk leading to social dumping and jeopardise respect of the legal framework relating to cabotage. It should therefore, they are to a large extend neutralised by the new posting of transport workers rules. Nevertheless, where misuse of Article 4 of 92/106/EEC can be proved by the Member State concerned, it should be possible for Member States to derogate from Article 4 of Directive 92/106/EEC and to apply the provisions relating to cabotage in Regulation (EC) No 1072/2009 in order to address such problems by introducing a proportionate limit to the continuous presence of vehicles within their territory. __________________ 9Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, p. 38).
Amendment 27 #
Council position
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EC) No 1072/2009
Article 10 – paragraph 7
Article 10 – paragraph 7
7. In addition to paragraphs 1 to 6 of this Article and by way of derogation from Article 4 of Directive 92/106/EEC, Member States may, where necessary to avoid misuse of the latter provision through the provision of unlimited and continuous services consisting in initial or final road legs within a host Member State that form part of combined transport operations between Member States, provide that Article 8 of this Regulation apply to hauliers when they carry out such initial and/or final road haulage legs within that Member State. With regard to such road haulage legs, Member States may provide for a longer period than the seven- day period provided for in Article 8(2) of this Regulation and may provide for a shorter period than the four-day period provided for in Article 8(2a) of this Regulation. The application of Article 8(4) of this Regulation to such transport operations shall be without prejudice to requirements following from Directive 92/106/EEC. Member States making use of the derogation provided for in this paragraph shall notify the Commission thereof before applying their relevant national measures and provide written justification that includes evidence of abuse committed based on Article 4 of 92/106/EEC, as well as contains quantified objectives wishing to be achieved. The justification shall be opened up to a public consultation with stakeholders for a period of 30 days prior to putting it into effect and continuously monitor the effects of the derogation. They shall review those measures at least every fivetwo years and shall notify the results of that review to the Commission. The derogation shall be suspended where the quantified objectives of the derogation have been met during two consecutive three-month periods. They shall make the rules, including the length of the respective periods, publically available in a transparent manner.;