46 Amendments of Marian-Jean MARINESCU related to 2017/0121(COD)
Amendment 2 #
Council position
Recital 11 a (new)
Recital 11 a (new)
(11 a) In order to ensure efficient use of transport resources, take into account the operational realities and reduce the number of empty runs, which is an important element in achieving the objectives of the Paris agreement in relation to the reduction of CO2 emissions, a limited number of additional transport activities should be possible without triggering the posting rules. Such activities consist of operations performed during a period in the course of or following a bilateral international transport operation from the Member State of establishment and before the return journey to the Member State of establishment.
Amendment 4 #
Council position
Recital 12
Recital 12
(12) When a driver is engaged in a combined transport operation, the nature of the service provided during the initial or final road leg is closely linked with the Member State of establishment if the road leg on its own is a bilateral transport operation. By contrast, when the transport operation during the road leg is carried out within the host Member State or as a non-bilateral international transport operation, there is a sufficient link with the territory of a host Member State and therefore the posting rules should apply.
Amendment 5 #
Council position
Recital 13
Recital 13
(13) Where a driver performs other types of operations, notably cabotage operations or non-bilateral international transport operations, there is a sufficient link to the territory of the host Member State. The link exists in case of cabotage operations as defined by Regulations (EC) No 1072/20096 and (EC) No 1073/20097 of the European Parliament and of the Council since the entire transport operation takes place in a host Member State and the service is thus closely linked to the territory of the host Member State. A non- bilateral international transport operation is characterised by the fact that the driver is engaged in international carriage outside of the Member State of establishment of the undertaking making the posting. The services performed are therefore linked with the host Member States concerned rather than with the Member State of establishment. In those cases, sector- specific rules are only required with regard to the administrative requirements and control measures. Nevertheless, until negotiations between the Union and relevant third countries as regards the application of rules equivalent to those laid down in this Directive will be concluded, certain number of cross-trade operations should be exempted from posting rules. _________________ 6Regulation (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). 7Regulation (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).
Amendment 7 #
Council position
Recital 15
Recital 15
(15) Union operators face growing competition from operators based in third countries. It is therefore of the utmost importance to ensure that Union operators are not discriminated against. According to Article 1(4) of Directive 96/71/EC, undertakings established in a non-member State must not be given more favourable treatment than undertakings established in a Member State. That principle should also apply with regard to the specific rules on posting provided for in this Directive. It should, in particular, apply when third country operators perform transport operations under bilateral or multilateral agreements granting access to the Union marketTherefore, taking into account the fact that the Union has already exercised its competence and adopted common specific rules on posting of drivers, it should begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
Amendment 11 #
Council position
Article 1 – paragraph 3 – subparagraph 1
Article 1 – paragraph 3 – subparagraph 1
For the purpose of this Directive, a bilateral transport operation in respect of goods means the movement of goods, based on a transport contractconsignment note, from the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009, to another Member State or to a third country, or from another Member State or a third country to the Member State of establishment.
Amendment 12 #
Council position
Article 1 – paragraph 3 – subparagraph 1 a (new)
Article 1 – paragraph 3 – subparagraph 1 a (new)
In a bilateral transport operation, a Member State of establishment shall be either the place of origin where the transported goods are loaded or the place of destination where the goods are unloaded. Moreover, a bilateral transport operation may involve picking up of the goods at one or several loading points until their final delivery at one or several delivery points.
Amendment 14 #
Council position
Article 1 – paragraph 3 – subparagraph 2
Article 1 – paragraph 3 – subparagraph 2
Amendment 15 #
Council position
Article 1 – paragraph 3 – subparagraph 2 a (new)
Article 1 – paragraph 3 – subparagraph 2 a (new)
For the purpose of this Directive, a cross- trade operation is the movement of goods, based on a consignment note, between two different Member States other than the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009. Moreover, a cross-trade transport operation may involve picking up of the goods at one or several loading points until their final delivery at one or several delivery points.
Amendment 16 #
Council position
Article 1 – paragraph 3 – subparagraph 3
Article 1 – paragraph 3 – subparagraph 3
Amendment 18 #
The exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply only until the date from which smart tachographs complying with the requirement of recording border crossings and additional activities referred to in the first subparagraph of Article 8(1) of Regulation (EU) No 165/2014 are required to be fitted in the vehicles registered in a Member State for the first time, under the fourth subparagraph of Article 8(1) of that Regulation. From that date the exemptions for additional activities set out in the third and fourth subparagraphs of this paragraph shall apply solely to drivers using vehicles fitted with smart tachographs, as provided for in Articles 8, 9 and 10 of that Regulationnegotiations between the Union and relevant third countries as regards the application of rules equivalent to those laid down in this Directive will be concluded.
Amendment 20 #
Council position
Article 1 – paragraph 4 – subparagraph 1 – point a
Article 1 – paragraph 4 – subparagraph 1 – point a
(a) picks up passengers in the Member State of establishment and sets them down in another Member State and/or a third country;
Amendment 22 #
Council position
Article 1 – paragraph 4 – subparagraph 1 – point b
Article 1 – paragraph 4 – subparagraph 1 – point b
(b) picks up passengers in a Member State and/or a third country and sets them down in the Member State of establishment; or
Amendment 26 #
Council position
Article 1 – paragraph 4 – subparagraph 1 a (new)
Article 1 – paragraph 4 – subparagraph 1 a (new)
Moreover, a bilateral transport operation in international occasional or regular carriage of passengers may involves picking up of passengers and /or setting passengers down more than once as specified in journey form or authorisation.
Amendment 27 #
Council position
Article 1 – paragraph 4 – subparagraph 2
Article 1 – paragraph 4 – subparagraph 2
Amendment 30 #
Council position
Article 1 – paragraph 4 – subparagraph 3
Article 1 – paragraph 4 – subparagraph 3
Amendment 32 #
Council position
Article 1 – paragraph 8
Article 1 – paragraph 8
8. A posting shall, for the purpose of Article 3(1a) of Directive 96/71/EC, be considered to beas ending when the driver leafinally delivers goods or sets passengers down in the host Member State in the performance of thean international carriage of goods or passengers. That period of, and that posting period shall not be cumulated with previous periods of postingosting periods in the context of such international operations performed byof the same driver or by another driver whom he or she replaces.
Amendment 33 #
Council position
Article 1 – paragraph 10
Article 1 – paragraph 10
10. Transport undertakings established in a non-Member State shall not be given more favourable treatment than undertakings established in a Member State, including when performing transport operations under bilateral or multilateral agreements granting access to the Union market or parts thereof. Hence once this Directive has entered into force, the Union shall begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.
Amendment 36 #
Council position
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
Amendment 37 #
Council position
Article 10 – paragraph 1
Article 10 – paragraph 1
This Directive shall enter into force on the day following[insert date 18 month after that of its publication in the Official Journal of the European Union].
Amendment 50 #
Proposal for a directive
Recital 1
Recital 1
(1) In order to create a safe, efficient and socially responsible road transport sector it is necessary to ensure adequate working conditions and social protection for drivers, on the one hand, and suitable business and fair competition conditions for operators, on the other.
Amendment 65 #
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 competition between national and foreigUnion operators is crucial for the smooth functioning of the internal market.
Amendment 72 #
Proposal for a directive
Recital 5
Recital 5
(5) Adequate, effective and consistent enforcement of the working time provisions is crucial for improving road safety, 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. It is difficult during road side inspections to carry out controls of compliance with working time. Such controls should therefore be limited to checks at the premises of transport operators until smart tachographs are used in the sector.
Amendment 104 #
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure the effective and proportionate implementation of Directive 96/71/EC in the road transport sector, it is necessary to establish sector-specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protecworking conditions of drivers and the freedom to provide cross-border services for operators.
Amendment 109 #
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 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). International carriage and operation to return to the Member State of establishment should not be subject to this Directive.
Amendment 178 #
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 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
(3a) in paragraph 1, the first subparagraph is replaced by following: "1. Member States shall organise a system of appropriate and regular checks on correct and consistent implementation, as referred to in Article 1, both at the roadside and at premises of undertakings of all transport categories. Member States shall organise roadside checks of the implementation of Directive2002/15 provided that the technology exists to enable those checks to be effective. The Commission shall, by means of implementing acts, establish a common set of conditions to be fulfilled to allow the authorities of a Member State to organise such checks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this Directive." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006L0022&from=EN)
Amendment 199 #
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 a (new)
Article 8 – paragraph 2 a (new)
(ba) the following paragraph 2a is added: 2a. The Commission shall, by means of implementing acts, lay out the conditions to establish under the Internal Market Information System (IMI) a digital platform to provide real time exchange of information between undertakings and competent control authorities and allowing verification without administrative or driver input. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this Directive.
Amendment 201 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b b (new)
Article 1 – paragraph 1 – point 6 – point b b (new)
Directive 2006/22/EC
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
(bb) the following paragraph 2b is added: 2b. The Commission shall, by means of implementing acts, lay down detailed provisions to establish a single common digital platform to include all systems of electronic exchange of information between Member States, competent authorities, enforcement authorities and undertakings and allowing verification without administrative or driver input.
Amendment 202 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b c (new)
Article 1 – paragraph 1 – point 6 – point b c (new)
Directive 2006/22/EC
Article 8 – paragraph 2 c (new)
Article 8 – paragraph 2 c (new)
(bc) the following paragraph 2c is added: 2c. The Commission shall, by means of implementing acts, lay down detailed provisions to establish in each Member State a single national authority to be responsible for the implementation and the exchange of information, through the digital platform mentioned in paragraph 2b, requested by Union legislation regarding road transport.
Amendment 226 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
4. In order to facilitate targeted roadside checks, the data contained in the national risk rating system shall be accessible at the time of control to all the competent control authorities of the Member State concerned.;through the digital platform mentioned at Article 8 (2a new).
Amendment 229 #
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 accessible to all competent authorities of other Member States in accordance with the time limits set out in Article 8.;through the digital platform mentioned at Article 8 (2a new).
Amendment 265 #
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) of that Directive, when performing : - international carriage - operation to return to the Member State of establishment - cabotage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009 where the period of posting toor completing a road leg, with total length on the territory of that Member State, of combined transport as defined in Directive 1992/106/EC where the period of driver working time on their territory to perform these operations is shorter than or equal to 3 day192 hours during a period of one calendar month.
Amendment 312 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of postingdriver working time is longer than 3 days192 hours , 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 postworking toime on their territory during the period of one calendar month referred to in the first subparagraph.
Amendment 327 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Member States shall apply Directive 96/71/EC and 2014/67/EU for the entire period of posting to their territory to: – drivers in the road transport sector employed by undertakings referred to in Article 1(3)(b) and (c) of Directive 96/71/EC; When performing international carriage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009, drivers employed by undertakings referred to in Article 1(3)(b) and (c) of Directive 96/71/EC shall be considered to be posted to the territory of the Member State where a user undertaking is established.
Amendment 334 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 349 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 363 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 376 #
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
Amendment 396 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. (a) By way of derogation from Article 9 of Directive 2014/67/EU Member States may only impose the following administrative requirements and control measures at the premises of undertakings in connection with the provision of Article 2 (2 a): - the obligation of the road transport operator to include and update on the digital platform referred to in Article 8 (2 a) of Directive 2006/22/EC the information listed in Article 2 (4 b); - the obligation of the Member States competent control authorities to use the digital platform mentioned in Article 8 (2 a) of Directive 2006/22/EC; (b) The following information shall be provided, before the commencement of the activities concerned, by the road operator on the digital platform referred to in Article 8 (2 a) of Directive 2006/22/EC:
Amendment 411 #
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 at the commencement of the posting, in electronic form, in anthe official language of theits hostme Member State or in English, containing only the following information:
Amendment 451 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point v
Article 2 – paragraph 4 – point a – point v
(v) the number plates of vehicles used in posting;
Amendment 467 #
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make available, where requested at the roadside control, in paper or electronic form, a copy of the posting declaration andthe 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 483 #
Proposal for a directive
Article 2 – paragraph 4 – point c
Article 2 – paragraph 4 – point c
Amendment 496 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
(d) an obligation for the driver to keep and make available, where requested at the roadside control, in paper or electronic form, a copy of the employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC20 , translated into one of the official languages of the host Member State or into English; _________________ 20 Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32)English;
Amendment 517 #
(e) an obligation for the driver to make available, where requested at the roadside control, in paper or electronic form, a copy of payslips for last two months; 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 this copythe payslips for last two months;
Amendment 525 #
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
Amendment 551 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5