15 Amendments of Luis de GRANDES PASCUAL related to 2007/0098(COD)
Amendment 95 #
Proposal for a regulation
Recital 7
Recital 7
(7) The natural persons withho meet the requisite good repute andred ethical standards and have the requisite professional competence should be clearly identified and designated to the competent authorities. Such persons, referred to as “transport managers”, should be those who continuously and effectively run the transport activities of road transport undertakings. It is appropriate to specify the conditions under which a person is considered to manage, continuously and effectively, a transport activity in an undertaking.
Amendment 96 #
Proposal for a regulation
Recital 8
Recital 8
(8) The good repute of transport managers is conditional on their not havingCompliance with ethical standards implies that a “transport manager” has not incurred serious criminal convictions or serious sanctions, in particular for infringing Community rules relating to road transport. It is necessary to define jointly, in the areas covered by Community rules, the types of infringements and the corresponding degrees of seriousness liable to detract from the good repute of an undertaking.
Amendment 102 #
Proposal for a regulation
Recital 16
Recital 16
(16) To facilitate freedom of establishment, the production of appropriate documents issued by a competent authority in the country of origin of the road transport operator should be accepted as sufficient proof of good reputecompliance with the ethical standards required for admission to the activities in question in a host Member State, providing that it can be ascertained that the persons concerned have not been declared unfit to pursue the occupation in the other Member States from which they come.
Amendment 104 #
Proposal for a regulation
Recital 22
Recital 22
(22) The Commission should, in particular, be authorised to draw up a list of categories, types and degrees of seriousness of infringements leading to the loss of the requisite good reputeconstituting failure to meet the ethical standards required in order to carry on the occupation of road transport operators, to adapt to technical progress the Annex to this Regulation concerning the knowledge to be taken into consideration for the recognition of professional competence by the Member States and the Annex concerning the model certificate of professional competence, and to draw up the list of maximum infringements entailing the suspension or withdrawal of the authorisation to pursue the occupation or a declaration of unsuitability. Since the measures in question are of general scope and are designed to amend non-essential elements of this Regulation or to supplement it by the addition of new non- essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On the grounds of efficiency, the time limits normally applicable in the context of the regulatory procedure with scrutiny should be shortened for the updating of the model certificate of professional competence. Or. es Justification
Amendment 115 #
Proposal for a regulation
Article 3 – subparagraph 1 – point b
Article 3 – subparagraph 1 – point b
(b) be of good reputemeet the required ethical standards;
Amendment 118 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) be employed and remunerated by the undertaking or, if the undertaking is a natural person, be that same person or, if the undertaking is a commercial undertaking, the person who holds at least 15% of the shares.
Amendment 131 #
Proposal for a regulation
Article 5 – point c
Article 5 – point c
Amendment 137 #
Proposal for a regulation
Article 6 – Title
Article 6 – Title
Amendment 138 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
1. For the purposes of Article 3(b), the requirement as to the good repute of an undertaking shall meanet thate required ethical standards when its managers have not been convicted of any serious criminal offence or offences under commercial law or bankruptcy law and thatwhen they carry out their activity in good faith and in compliance with the rules applicable to road transport and in accordance with professional ethics.
Amendment 139 #
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Member States shall determine the special conditions which an undertaking must meet pursuant to this Regulation in order to satisfy the requirement as to good reputecomply with the required ethical standards. Member States shall provide that an undertaking satisfies that requirement if:
Amendment 145 #
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
2. For the purposes of point (b) of the second subparagraph of paragraph 1, the Commission shall adopt the list of categories, types and degrees of seriousness of infringements and the frequency of occurrence beyond which repeated minor infringements shall lead to the loss of the requisite good reputeconstitute failure to meet the required ethical standards. Since these measures are designed to amend non- essential elements of this Regulation and to supplement it, they shall be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 25(3).
Amendment 148 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The requirement as to good reputed ethical standards shall not be satisfiedmet until rehabilitation or any other measure having an equivalent effect has taken place pursuant to the relevant existing national provisions.
Amendment 154 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1 – point b
Article 7 – paragraph 2 – subparagraph 1 – point b
Amendment 184 #
Proposal for a regulation
Article 18 – Title
Article 18 – Title
Certificates of good repute and equivalent documents relating to the required ethical standards
Amendment 185 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Without prejudice to Article 10(4), the new Member State of establishment shall accept as sufficient proof of good reputecompliance with the ethical standards required for admission to the occupation of road transport operator the production of an extract from a judicial record or, failing that, an equivalent document issued by a competent judicial or administrative authority in the transport operator’s Member State(s) of origin showing that this requirement is satisfied.