Activities of Inés AYALA SENDER related to 2017/0121(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector PDF (987 KB) DOC (170 KB)
Amendments (58)
Amendment 41 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘IMI Regulation’)
Amendment 48 #
Proposal for a directive
Recital 1
Recital 1
(1) In order to create a safe, efficient and, socially responsible and non- discriminatory road transport sector it is necessary to ensure adequatehigh-quality working conditions and adequate social protection for drivers, on the one hand, and suitable , regulated business and fair competition conditions for operators, on the other.
Amendment 52 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The prices set by large-scale distributors and European shippers are chiefly responsibility for the unfair pressure on the road haulage sector, in breach of the interpretation of Article 101 TFEU, which when read in conjunction with Article 4(3) of the TEU, enables national legislation to be used to prevent road haulage prices falling below a set level for minimum operating costs.
Amendment 55 #
Proposal for a directive
Recital 2
Recital 2
(2) The inherent high mobility of road transport services requires particular attention in assuring that drivers benefit from the rights to which they are entitled and that operators, most (90%) of which are SMEs with fewer than 10 workers, are not faced with disproportionate administrative barriers unduly restricting their freedom to provide cross-border services.
Amendment 60 #
Proposal for a directive
Recital 3
Recital 3
(3) The balance between enhancing social and working conditions for drivers and facilitating the exercise of the freedom to provide road transport services based on fair, proportionate, non-discriminatory competition between national and foreign operators is crucial for the smooth functioning of the internal market. Any piece of national legislation or policy for implementation at national level in the transport sector must therefore be conducive to the development and strengthening of the single European transport area and in no way contribute to the fragmentation of the internal market.
Amendment 68 #
Proposal for a directive
Recital 4
Recital 4
(4) Having evaluated the effectiveness and efficiency of the current Union social legislation in road transport, certain loopholes in the existing provisions and deficiencies in their enforcement were identified. Furthermore a number of discrepancies exist between Member States in interpretation, application and implementation of the rules. This creates legal uncertainty and unequal, at times discriminatory, treatment of drivers and operators, which is detrimental to the working, social and competition conditions in the sector.
Amendment 73 #
Proposal for a directive
Recital 5
Recital 5
(5) Adequate, effective and consistent enforcement of the working time and rest time provisions is crucial for protecting the working conditions of drivers and preventing the distortions of competition resulting from non-compliance. Therefore it is desirable to extend the existing uniform enforcement requirements set out in Directive 2006/22/EC to controlling compliance with the working time provisions set out in Directive 2002/15/EU.
Amendment 78 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) With a view to ensuring road safety and preventing drivers from suffering unnecessarily long tailbacks and roadside stops, there is a pressing need for implementation of this Directive to give rise to cooperation between Member States on an equal footing and with the same objectives as those pursued through the application of bilateral agreements between them.
Amendment 79 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) In this connection, inspectors responsible for roadside checks will have direct real-time access, via an electronic application common to all the EU Member States, both to the system interconnecting national registers of transport undertakings and activities, ERRU, and to information on the driver’s posting declaration through the Internal Market Information System (IMI), with a view to verifying the correct application of and compliance with this Directive.
Amendment 80 #
Proposal for a directive
Recital 6 c (new)
Recital 6 c (new)
(6c) With a view to fostering effective administrative cooperation and an effective exchange of information, Member States shall interconnect their national electronic registers (NER) through the European Register of Road Transport Undertakings (ERRU) system, with a legal basis in Article 16(5) of Regulation (EC) No 1071/2009. Member States shall take all necessary measures to ensure that the national electronic registers are interconnected, so that the competent authorities of the Member States, including road inspectors, can have direct real-time access to the data and information in the ERRU.
Amendment 81 #
Proposal for a directive
Recital 6 d (new)
Recital 6 d (new)
(6d) Member States shall exchange data and information, engage in administrative cooperation and provide mutual assistance via the Internal Market Information System (IMI) – whose legal basis is provided by Regulation (EU) No 1034/2012 – with a view to ensuring full compliance with the rules. Similarly, the IMI shall be used to send and update posting declarations between transport operators and the competent authorities of the receiving Member States. In order to achieve this latter objective, it will be necessary to develop a parallel public interface within the IMI system to which transport operators will have access.
Amendment 82 #
Proposal for a directive
Recital 6 e (new)
Recital 6 e (new)
(6e) The exchange of information in the context of effective administrative cooperation and mutual assistance between Member States shall comply with the rules on personal data protection laid down in Regulation 2016/679.
Amendment 83 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) With a view to harmonising and strengthening cross-border administrative cooperation, Member States must incorporate their national risk rating systems – whose legal basis is Article 9 of Directive 2006/22/EC – into their national registers of road transport undertakings and activities – whose legal basis is Regulation (EC) No 1071/2009 – so that the ERRU can serve as a common platform for the exchange of information on transport operators, infringements and risk ratings for all Member States. The competent authorities, including road inspectors, shall have direct real-time access to the data and information contained in this system.
Amendment 115 #
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in the case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. _________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)and cabotage operations. However, these requirements shall in no event apply to transit operations where no provision of services, loading or unloading is made.
Amendment 137 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph. With a view to minimising the complexity of the obligations laid down in this Directive and Directive 96/71, Member States should be free to impose only the administrative requirements specified in this Directive – which have been tailored to suit the road transport sector – on road transport operators.
Amendment 147 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) With a view to minimising the administrative burden and document management tasks incumbent on drivers, transport operators shall provide, at the request of the competent authorities in the Member State in which the operator is based, all necessary documents, as set out in the provisions of Chapter III of Directive 96/71 on mutual assistance and cooperation between Member States.
Amendment 154 #
(13b) With a view to implementing the conditions and requirements for compliance with Regulation (EU) No 561/2006, Regulation (EU) No 165/2014 and Directive 2006/15 in a more efficient and uniform manner, and to facilitating road transport operators' compliance with and implementation of administrative requirements on the posting of drivers, the Commission should develop the IMI system along these lines (setting up a parallel public interface to which operators can access to send posting declarations) and harmonise and unify information in the national registers of transport undertakings and activities so as to ensure the proper functioning of the ERRU system. These information and data exchange systems must be up and running as soon as possible; within no more than two years under normal circumstances.
Amendment 159 #
Proposal for a directive
Recital 13 c (new)
Recital 13 c (new)
(13c) In this connection, provision should be made for a system of sanctions to penalise both authorities and transport operators in the event of non-cooperation via the Internal Market Information System (IMI) and the European Register of Road Transport Undertakings (ERRU).
Amendment 160 #
(13d) In recognition of the need for specific treatment for the transport sector, in which movement is the very essence of the work undertaken by drivers, the application of Directive 96/71/EU to the road transport sector must coincide with the date of entry into force of the amendment of Directive 2006/22/EC as regards enforcement requirements, and specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector.
Amendment 161 #
Proposal for a directive
Recital 13 e (new)
Recital 13 e (new)
(13e) In order to ensure effective, harmonised and non-discriminatory implementation, as well as a permanent assessment of the provisions of this Directive, provision should be made for the creation of a European land transport body (agency or other), which would include road safety. That body would be responsible for surveillance and the adoption of measures to ensure the smooth functioning of the internal road transport market and compliance with the measures laid down in this Directive, and improving road safety.
Amendment 167 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles falling within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and of mobile workers and drivers falling withing the scope of Directive 2002/15/EC. Checks on compliance with the provisions set out in Directive 2002/15/EC shall be carried out exclusively on the premises of transport undertakings.
Amendment 180 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2006/22/EC
Article 5
Article 5
(3a) Article 5 is replaced by the following: ‘Member States shall, at least six times per year, undertake concerted roadside checks and checks in undertakings on drivers and vehicles falling within the scope of Regulations (EC) Nos 561/2006 and 165/2014. Such checks shall be undertaken at the same time by the enforcement authorities of two or more Member States, each operating in its own territory. The results of these concerted checks, both in undertakings and at the roadside, shall be made public.’ Or. es (http://eur-lex.europa.eu/resource.html?uri=cellar:1e51f726-b0a9-4887-8fb3- 7956a4f49223.0006.02/DOC_1&format=PDF)
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2006/22/EC
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) to ensure exchange of information with the other Member States with regard to the application of national provisions transposing this Directive and Directive 2002/15/ECin accordance with Article 8.
Amendment 203 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 1
Article 8 – paragraph 1 a – subparagraph 1
In the event that the information required is not available through consultation of the IMI or ERRU, Member States shall submit the information requested by other Member States pursuant to paragraph 1(b) of this Article within 25 working days from the receipt of the request in cases requiring in-depth examination or involving checks at premises of the undertakings concerned. A shorter time limit may be mutually agreed between the Member States. In urgent cases or cases requiring simple consultation of registers, such as of a risk rating system, the requested information shall be submitted within three working days.
Amendment 217 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b a (new)
Article 1 – paragraph 1 – point 6 – point b a (new)
Directive 2006/22/EC
Article 8– paragraph 2
Article 8– paragraph 2
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Directive 2006/22/EC
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
The Commission shall, by means of implementing acts, establish a common formula for calculating a risk rating of undertakings, which shall take into account the number, severity and frequency of occurrence of infringements as well as the results of controls where no infringement has been detected and whether a road transport undertaking has been using the smart tachograph, pursuant to Chapter II of Regulation (EU) No 165/2014, on all its vehicles. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this Directive.
Amendment 221 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a a (new)
Article 1 – paragraph 1 – point 7 – point a a (new)
Directive 2006/22/EC
Article 9 – paragraph 1 – subparagraph 2 a (new)
Article 9 – paragraph 1 – subparagraph 2 a (new)
(aa) Member States shall incorporate their risk rating systems (RRS) into their national registers of transport undertakings and activities (NER). In this way, the exchange of information and data on transport operators, infringements and risk rating will be concentrated and carried out through the interconnection that ERRU provides between the different national registers in the Member States.
Amendment 225 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
4. In order to facilitate targeted roadside checks, the data contained in the national risk rating system and the national registers of transport undertakings and activities shall be accessible at the time of control to all the competent control authorities of the Member State concerned, through the electronic application common to all the EU Member States, through which they will have direct real-time access to the ERRU.
Amendment 231 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall make the information contained in the national risk rating system available upon request or directly accessibledirectly accessible or available upon request to all competent authorities of other Member States in accordance with the time limits set out in Article 8.
Amendment 238 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – Part A – point 6
Annex I – Part A – point 6
Amendment 272 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) and (b) of that Directive, when performing international carriage and cabotage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 dayseven days for international transport operations and five days for cabotage operations during a period of one calendar month.
Amendment 314 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 3 daysthat provided for in point (2), Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entire period of posting to their territory during the period of one calendar month referred to in the first subparagraph.
Amendment 323 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 a (new)
Article 2 – paragraph 2 – subparagraph 2 a (new)
Notwithstanding the provisions of Article 2(1) of directive 96/71/EC, a driver shall not be considered to be posted to the territory of a Member State if the driver transits through the territory of that Member State without loading or unloading goods and without picking up or dropping off passengers.
Amendment 358 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) a daily working period shorter than sixtwelve hours spent in the territory of a host Member State shall be considered as half a day;
Amendment 371 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) a daily working period of sixtwelve hours or more spent in the territory of a host Member State shall be considered as a full day;
Amendment 381 #
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) breaks and rest periodduced weekly and daily rest periods and breaks as well as periods of availability spent in the territory of a host Member State shall be considered as working period.
Amendment 400 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. By way of derogation from Article 9(1) and (2) of Directive 2014/67/EU, Member States may only impose the following administrative requirements and control measures:
Amendment 407 #
Proposal for a directive
Article 2 – paragraph 4 – point a – introductory part
Article 2 – paragraph 4 – point a – introductory part
(a) an obligation for the road transport operator established in another Member State to send a posting declaration to the national competent authorities at the latest atbefore the commencement of the posting, in electronic form, in an ousing a standard multilingual form in the Internal Market Information System established under Regulation EU 1024/2012. The Commission shall make available the basis for this form in the 23 Official languages of the host Member State or in English, containing onlyEU in annex to this Directive. A parallel and public interface for the IMI shall need to be developed to send and possibly update posting declarations between transport operators and the competent authorities of the receiving Member States. The posting declaration shall contain the following information:
Amendment 423 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point i
Article 2 – paragraph 4 – point a – point i
(i) the identity of the road transport operator, including the Community licence and the contact details of the employer in the State of establishment (transport manager);
Amendment 428 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point ii
Article 2 – paragraph 4 – point a – point ii
Amendment 437 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iii
Article 2 – paragraph 4 – point a – point iii
(iii) the anticipated number and the identities of posted driversidentity of the posted driver and the number of the driving licence;
Amendment 439 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iii a (new)
Article 2 – paragraph 4 – point a – point iii a (new)
(iiia) the place of employment;
Amendment 440 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iii b (new)
Article 2 – paragraph 4 – point a – point iii b (new)
(iiib) periods of activity and reference to collective agreements where applicable;
Amendment 443 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iv
Article 2 – paragraph 4 – point a – point iv
(iv) the anticipated duration, envisaged beginning and end datehost Member State, the envisaged beginning date and the anticipated duration of the posting;
Amendment 448 #
(iva) the employee’s and employer’s signatures;
Amendment 449 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point v
Article 2 – paragraph 4 – point a – point v
Amendment 453 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi
Article 2 – paragraph 4 – point a – point vi
Amendment 465 #
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep andor where appropriate the transport manager to make available, where requested at the roadside control, in paper or electronic form, a copy of the posting declaration and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.:
Amendment 474 #
Proposal for a directive
Article 2 – paragraph 4 – point b – point i (new)
Article 2 – paragraph 4 – point b – point i (new)
(i) a copy of the posting declaration, accessible via the IMI, and evidence of the transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.
Amendment 476 #
Proposal for a directive
Article 2 – paragraph 4 – point b – point ii (new)
Article 2 – paragraph 4 – point b – point ii (new)
(ii) the tachograph records, and in particular the country codes of Member States where the driver has been present when carrying out international road transport operations or cabotage operations;
Amendment 481 #
Proposal for a directive
Article 2 – paragraph 4 – point b a (new)
Article 2 – paragraph 4 – point b a (new)
(ba) 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 requested documents;
Amendment 482 #
Proposal for a directive
Article 2 – paragraph 4 – point c
Article 2 – paragraph 4 – point c
Amendment 491 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 507 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 526 #
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e), and the payslips of the posted drivers for the periods of posting; similarly, a copy of the employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC shall be made available at the request of the authorities of the host Member State within a reasonable period of time;in which the undertaking is established.
Amendment 580 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a In the Annex to Regulation (EU) No 1024/2012, the following points are added: 6a. Directive xxx/xxx/EC laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for the posting of drivers in the road transport sector: Article 2(4) 7b. Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561/2006 and EU No 165/2014 and Directive 2002/15/EC of the European Parliament and of the Council as regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC: Article 8.
Amendment 581 #
Proposal for a directive
Article 3 b (new)
Article 3 b (new)
Article 3b In the interests of ensuring compliance with the provisions of this Directive, both the Commission and the Member States shall establish a comprehensive and integrated programme of training and adaptation to the new rules and requirements for drivers and all other actors involved in the procedure, undertakings, administrations, inspectors ...