Activities of Sepp KUSSTATSCHER related to 2008/0195(COD)
Plenary speeches (1)
Organisation of the working time of persons performing mobile road transport activities (debate)
Amendments (21)
Amendment 9 #
Proposal for a directive – amending act
Recital 4 a (new)
Recital 4 a (new)
Amendment 11 #
Proposal for a directive - amending act
Recital 6
Recital 6
(6) As a consequence of differences in interpretation, application and weak enforcement of the provisions of Directive 2002/15/EC by the Member States and of a failure to adhere to the minimum working time standards by transport companies and drivers, competition is distorted, and the safety and health of drivers is jeopardized.
Amendment 12 #
Proposal for a directive - amending act
Recital 7
Recital 7
(7) In the light of the Commission report and the impact assessment, self-employed drivers should be exincluded fromwithin the scope of Directive 2002/15/EC.
Amendment 14 #
Proposal for a directive - amending act
Recital 8
Recital 8
Amendment 15 #
Proposal for a directive – amending act
Recital 12
Recital 12
(12) It is therefore appropriate to modernise Directive 2002/15/EC in order to remedy shortcomings in the implementation, application and enforcement of the rules by clarifyadjusting its scope, reinforcing administrative cooperation among Member States and promoting the exchange of information and good practithe imposition of effective penalties for non-compliance.
Amendment 16 #
Proposal for a directive - amending act
Recital 10
Recital 10
(10) The Community legislation is only efficient and effective if it is implemented by all Member States, applied equally to all actors concerned and, controlled on a regular basis and in an efficient manner and if infringements are punished.
Amendment 16 #
Proposal for a directive – amending act
Recital 14 a (new)
Recital 14 a (new)
(14a) In keeping with the general principles of Community law, the Member States should guarantee that the penalties imposed for non-compliance with this Directive are appropriate, effective, proportional and dissuasive.
Amendment 19 #
Proposal for a directive - amending act
Recital 12
Recital 12
(12) It is therefore appropriate to modernise Directive 2002/15/EC in order to remedy shortcomings in the implementation, application and enforcement of the rules by clarifyadapting its scope, reinforcing administrative cooperation among Member States and promoting the exchange of information and good practieffective penalties in the event of non- compliance.
Amendment 21 #
Proposal for a directive - amending act
Recital 14 a (new)
Recital 14 a (new)
(14a) In accordance with the general principles of Community law, Member States should ensure that penalties decided on in the event of non-compliance with this Directive are appropriate, effective and proportionate and have a deterrent effect.
Amendment 24 #
Proposal for a directive - amending act
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 2002/15/EC
Article 2– paragraph 1
Article 2– paragraph 1
1. Theis Directive shall apply to mobile workers, as defined in Article 3(d) of this Directive, employed by undertakings established in a Member State, participating in road transport activities covered by Regulation (EEC) No 561/20063820/85 or, failing that, by the AETR Agreement. This Directive shall also apply to mobile workers as defined in the second sentence of Article 3(d)self-employed drivers as from 23 March 2009.
Amendment 25 #
Proposal for a directive - amending act
Article 1 – point 1 – point b
Article 1 – point 1 – point b
Directive 2002/15/EC
Article 2 – paragraphs 2 and 3
Article 2 – paragraphs 2 and 3
Amendment 26 #
Proposal for a directive – amending act
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 2002/15/EC
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 27 #
Proposal for a directive - amending act
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 2002/15/EC
Article 3 – point a – point 2
Article 3 – point a – point 2
Amendment 29 #
Proposal for a directive - amending act
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 2002/15/EC
Article 3 – point d
Article 3 – point d
Amendment 32 #
Proposal for a directive – amending act
Article 1 – point 2 – point d a (new)
Article 1 – point 2 – point d a (new)
Directive 2002/15/EC
Article 3 – point h
Article 3 – point h
(da) Point h is replaced by the following: “(h) ‘Night time’ shall mean the period [...] between 22.00 and 6.00;”
Amendment 34 #
Proposal for a directive - amending act
Article 1 – point 2 –point c
Article 1 – point 2 –point c
Directive 2002/15/EC
Article 3 – point e
Article 3 – point e
Amendment 35 #
Proposal for a directive – amending act
Article 1 – point 2 – point e
Article 1 – point 2 – point e
Directive 2002/15/EC
Article 3 – point i
Article 3 – point i
“(i) ‘night work’ shall mean work during a period of work which includes at least two hours work performed during night time.”
Amendment 36 #
Proposal for a directive - amending act
Article 1 – point 2 – point d
Article 1 – point 2 – point d
Directive 2002/15/EC
Article 3 – point f
Article 3 – point f
Amendment 38 #
Proposal for a directive - amending act
Article 1 – point 2 –point d a (new)
Article 1 – point 2 –point d a (new)
Directive 2002/15/EC
Article 3 – point h
Article 3 – point h
(da) point (h)to read as follows: ‘(h) ‘Night time’ shall mean the period between 10.00 p.m. and 6.00 a.m.;’
Amendment 42 #
Proposal for a directive - amending act
Article 1 – point 2 – point e
Article 1 – point 2 – point e
Directive 2002/15/EC
Article 3 – point i
Article 3 – point i
(e) point (i) is replaced by the following: ‘(i) 'night work' shall mean work during a period of work which includes at least two hours work performed during night time.’
Amendment 50 #
Proposal for a directive - amending act
Article 1 –point 6
Article 1 –point 6
Directive 2002/15/EC
Article 11 a – paragraph 2 a (new)
Article 11 a – paragraph 2 a (new)
(2a) In the event of non-compliance with this Directive, Member States shall provide for effective measures to ensure compliance; they shall ensure in particular that administrative or court procedures are available to help enforce compliance with the obligations resulting from this directive.