Activities of Inés AYALA SENDER 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) ES
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) ES
Amendments (31)
Amendment 43 #
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 conditions between all operators, this provision should be deletamended, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory for operators engaged in international transport using motor vehicles or combinations of vehicles with a permissible laden mass of 2.5 to 3.5 tonnes.
Amendment 62 #
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 establishment and thus put an end to poor practices regarding establishment which run counter to the EU values of non- discrimination, fair competition and freedom of movement.
Amendment 70 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) There is a need to tackle and prevent bad practices in the sector such as letterbox companies or the abundance of the so-called false self-employed or false cooperatives
Amendment 90 #
Proposal for a regulation
Recital 10
Recital 10
(10) Undertakings engaged in the occupation of road haulage operator solelyengaged in international transport by means of motor vehicles, or with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limitcombinations of vehicles, intended solely for the transport of goods and with a permissible laden mass of 2.5 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 concernedarried out with such vehicles 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 97 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 103 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) With the objective of verifying the correct application of and compliance with this Regulation and minimising the duration of roadside stops for drivers, 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). In this context, the Commission is expected to develop this electronic application that will provide direct real-time access to the ERRU and IMI during roadside checks as soon as possible.’
Amendment 106 #
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, while broadly maintaining the level of liberalisation achieved so farbearing in mind that the purpose of cabotage is to increase the efficiency of transport operations and avoid empty runs, and that said rules should promote fair competition while safeguarding the advantages of the Union's internal market.
Amendment 147 #
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) pPoint (a) is deletreplaced 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 3.5 tonnes or less, that are engaged exclusively in national transport operations in the Member State in which they are established;
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i a (new)
Article 1 – paragraph 1 – point 1 – point a – point i a (new)
Amendment 155 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) 1071/2009
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 183 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
(a) have premises in which it keeps its coreiginal business documents, or ensure access to the documents electronically, in particular its commercialtransport contracts, accounting documents, personnel management documents, labour contracts, social security documents, documents relating to collective agreements, where appropriate, 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 195 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
(c) conduct effectively and continuously its administrative and commercial activities with the appropriate administrative equipment and facilities at premisesat premises situated in that Member State and carry out its transport operations with the vehicles referred to in point (b) with the appropriate technical equipment situated in that Member State;;
Amendment 199 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Amendment 207 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
(e) hold assets and employ staffave at its disposal on a regular basis a number of vehicles and drivers which is commensurate with the number of operations carried out by the undertaking, as well as an administrative staff and operating infrastructure proportionate to the activity of the establishment.undertaking;
Amendment 242 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation 1071/2009/EC
Article 6 – paragraph 2 a – point b
Article 6 – paragraph 2 a – point b
(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working condias well as the failure to comply with, or poor applications of, transport workershe relevant Union labour legislation;
Amendment 244 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c (new)
Article 1 – paragraph 1 – point 4 – point c (new)
Regulation 1071/2009/EC
Article 6 – paragraph 2 a – point c a (new)
Article 6 – paragraph 2 a – point c a (new)
(ca) shall publish and regularly update a list of undertakings which fail to meet the conditions of good repute as regards this Regulation. Undertakings included on that list shall have the option of being removed from the list once they meet and respect these conditions.
Amendment 257 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 1071/2009
Article 7 – paragraph 2
Article 7 – paragraph 2
2. By way of derogation from paragraph 1, in the absence of certified annual accounts the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee, a or document issued by a financial institution establishing access to credit in the name of the undertaking, or another binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1, such as an insurance policy or a bank guarantee, where certified annual accounts are not available and there is no legal obligation to certify them.
Amendment 288 #
(ja) information on vehicles owned, leased and/or hired, on a permanent or temporary basis;
Amendment 290 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point ii
Article 1 – paragraph 1 – point 11 – point a – point ii
Regulation (EC) No 1071/2009
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 295 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Regulation (EC) No 1071/2009
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall take all necessary measures to ensure that all the data contained in the national electronic register is kept constantly up to date and is accurate.
Amendment 299 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b a (new)
Article 1 – paragraph 1 – point 11 – point b a (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 302 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b b (new)
Article 1 – paragraph 1 – point 11 – point b b (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 6
Article 16 – paragraph 6
Amendment 306 #
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 1 a (new)
Article 18– paragraph 1 a (new)
1a. The competent authorities of the Member States shall cooperate closely and provide each other efficiently and effectively with mutual assistance, providing and facilitating relevant information and data in order to ensure the smooth implementation, application and enforcement of this Regulation. Administrative cooperation and mutual assistance between Member States shall be implemented through the Internal Market Information System (IMI), with a legal basis in Regulation (EU) No 1034/2012, through which the Member States will be able to cooperate and exchange data and information with regard to the enforcement of 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, and to which inspectors will also have direct real-time access during roadside checks via an electronic application common to all the Member States.
Amendment 311 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18 – paragraph 3
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 duly justified and reasoned. To this end, requests shall include credible indications of possible infringements of Article 3(1)(a).
Amendment 317 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 1071/2009
Article 18– paragraph 5
Article 18– paragraph 5
5. Where it is difficult or impossible to comply with a request for information or to carry out checks, inspections or investigations, the Member State in question shall inform the requesting Member State accordingly within ten working days, with reasonsduly justifying and providing reasons for the difficulty or impossibility of providing the relevant information. The Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. In the event that a Member State persistently fails to comply with the rules laid down for the exchange of information and the provision of information in response to requests from other Member States without due justification, the Member State concerned may be sanctioned at EU level. After having been informed, and where necessary, the Commission may open an investigation and eventually apply sanctions to the Member States.
Amendment 323 #
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-five working days from the receipt of the request, unless another time limit is mutually agreed between the Member States concerned or 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 and no solution for those difficulties has been found.
Amendment 328 #
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
Article 23
(12a) In Article 23 the following subparagraphs are added: ‘By way of derogation from Article 16(2), the obligation to include the risk rating of undertakings in the national electronic registers shall apply from the entry into force of the implementing act on a common risk assessment formula referred to in Article 9(1) of Directive 2006/22/EC.’
Amendment 338 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1071/2009
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Every year Member States shall report to the Commission on the requests made by them under Article 18(3) andto (47), on the replies received from other Member States and on the actions that they have taken on the basis of the information provided.
Amendment 343 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new) Regulation (EC) No 1072/2009
Article 2 – paragraph 1 – point 1 a (new) Regulation (EC) No 1072/2009
(1a) In paragraph 5, point (c) is replaced by the following: ‘(c) carriage of goods in motor vehicles or combinations of vehicles, including trailers, the permissible laden mass of which is lower than 2.5 tonnes;’
Amendment 372 #
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 States. The last unloading in the course of a cabotage operation shall take place within 5 days from the last unloading in the host Member State in the course of the incoming international carriage. 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 cabotage operations as defined by Regulations (EC) Nos 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to five days during a period of one calendar month.
Amendment 418 #
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 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 beMember States shall accept that the evidence is 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.