Activities of Luis de GRANDES PASCUAL related to 2017/0123(COD)
Plenary speeches (1)
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 (13)
Amendment 50 #
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 even if they currently account for only 0.11 % of international traffic within the EU in terms of tonnes-kilometres.. 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 tonnesof 2.4 to 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 73 #
Proposal for a regulation
Recital 6
Recital 6
(6) In view of their potential to considerably affect the conditions for fair competition in the road haulage market, serious infringements of national tax and social security rules should be added to the items relevant to the assessment of good repute.
Amendment 78 #
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 workersdrivers in the road transport sector and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 178 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation 1071/2009/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 220 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point ii
Article 1 – paragraph 1 – point 4 – point a – point ii
(vii) tax law. and social security contributions.';
Amendment 226 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii
Article 1 – paragraph 1 – point 4 – point a – point iii
(xi) the posting of workersdrivers in the road transport sector;
Amendment 241 #
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 condiand the failure to comply with, or the poor applications of, transport workershe relevant Union labour legislation;
Amendment 252 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 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 EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used that is over 3.5 tonnes, or EUR 1 000 for each additional vehicle with a permissible laden mass between 2.4 and 3.5 tonnes. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding between 2.4 and 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding between 2.4 and 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 additional0 for each vehicle used.
Amendment 261 #
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 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.
Amendment 321 #
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 reasons. The Member States concerned shall discusscooperate with each other with a view to finding a solution for any difficulty raised.
Amendment 335 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1071/2009
Article 26 – paragraph 3 – point d
Article 26 – paragraph 3 – point d
(d) the estimated share 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 in the overall road transport activity of all vehicles registered in the Member State, broken down by national, international and cabotage operations in terms of tonnes-kilometres.
Amendment 435 #
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 24 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 36 % 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 438 #
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 coincide with checks performed in accordance with Article 5 of Directive 2006/22/EC. 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.