21 Amendments of Marian-Jean MARINESCU related to 2017/0122(COD)
Amendment 4 #
Council position
Recital 15
Recital 15
(15) While in general regular weekly rest periods and longer rest periods canshall not be taken in the vehicle or in a parking area, but only in suitable accommodation, which may be adjacent to a parking area, i, by way of derogation relevant rest periods may be taken in vehicles, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements. It is of utmost importance to enable drivers to locate safe and secure parking areas that provide appropriate levels of security and appropriate facilities. The Commission has already studied how to encourage the development of high- quality parking areas, including the necessary minimum requirements. The Commission should therefore develop standards for safe and secure parking areas. Those standards should contribute to promoting high- quality parking areas. The standards may be revised in order to cater for better access to alternative fuels, in line with policies developing that infrastructure. It is also important that parking areas are being kept free from ice and snow.
Amendment 6 #
Council position
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 8 #
Council position
Article 1 – paragraph 1 – point 6 – point c
Article 1 – paragraph 1 – point 6 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 – subparagraph 1
Article 8 – paragraph 8 – subparagraph 1
8. Where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary. The regular weekly rest periods and any weekly rest period of more than 45 hours taken in compensation for previous reduced weekly rest periods shall not be taken in a vehicle. They shall be taken in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities. By way of derogation from the second subparagraph, the regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest may be taken in a vehicle, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements set out in Article 8a . Until [OJ: three years after entry into force] a vehicle may also be parked in a regular parking area which provides basic service facilities. Relevant period might be prolonged by the Commission, by means of delegated act, for additional two years if according to the outcomes of the Commission’s report on the availability of safe and secure parking areas the number of certified safe and secure parking areas across EU would not be sufficient to meet reported needs. Any costs for accommodation outside the vehicle shall be covered by the employer, as well as any fee deriving from the use of safe and secure parking area.
Amendment 11 #
Council position
Article 1 – paragraph 1 – point 6 – point d
Article 1 – paragraph 1 – point 6 – point d
Regulation (EC) No 561/2006
Article 8 – paragraph 8a – subparagraph 1
Article 8 – paragraph 8a – subparagraph 1
8a. Transport undertakings shall organise the work of drivers in such a way that the drivers are able to return to the employer's operational centre where the driver is normally based and where the driver's weekly rest period begins, in the Member State of the employer's establishment, or to return to the drivers' place of residence, or to any other location chosen by the driver, within each period of four consecutive weeks, in order to spend at least one regular weekly rest period or a weekly rest period of more than 45 hours taken in compensation for reduced weekly rest period.
Amendment 14 #
Council position
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 561/2006
Article 8a – paragraph 4
Article 8a – paragraph 4
4. By 31 December 2024,At the latest [OJ: three years after the date of entry into force of this amending Regulation] the Commission shall present a report to the European Parliament and to the Council on the availability of suitable rest facilities for drivers and of secured parking facilities, as well as on the development of safe and secure parking areas certified in accordance with the delegated acts referred to in paragraph 2. That report may list. The report shall in particular cover information on the number and the location of certified safe and secure parking areas, on their capacity and usage, and on the demand for additional places or facilities. Based on this report, the Commission shall propose, if appropriate, measures aiming to increase the number and quality of certified safe and secure parking areas and/or measures to prolong transitional period laid down in the fourth subparagraph of Article 8 paragraph 8 for an additional two years.
Amendment 16 #
Council position
Article 3 – paragraph 1
Article 3 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union[insert date 18 month after that of its publication in the Official Journal of the European Union]. It shall apply from [insert date 18 month after date of entry into force]. By ... [OJ: 4 months after its publication in the Official Journal of the European Union] the Commission shall present a proper impact assessment regarding the impact of this Regulation on actual economic situation of the EU road haulage market and drivers' health safety situation, and, where appropriate, propose amendments to this Regulation taking into account the new market situation of the sector.
Amendment 86 #
Proposal for a regulation
Recital 6
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long.
Amendment 184 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 561/2006
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
"(j) ‘driving time’ means the duration of driving activity recorded: – automatically or semi-automatically by the recording equipment as defined in Annex I and Annex IB of Regulation (EEC) No 3821/85, or – manually as required by Article 16(2) of Regulation (EEC) No 3821/85; with the exception of driving time during loading and unloading activities (speed under 25 km/hour )" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
Amendment 200 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 5 – paragraph 1
Article 5 – paragraph 1
(2a) In Article 5, paragraph 1 is replaced by the following: "1. The minimum age for conductodrivers shall be 18 years. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
Amendment 211 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EC) No 561/2006
Article 6 – paragraph 3
Article 6 – paragraph 3
(2b) In Article 6, paragraph 3 shall be amended as follows: "3. The total accumulated driving time during any twofour consecutive weeks shall not exceed 9180 hours. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
Amendment 296 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 561/2006
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 318 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a
Article 8 – paragraph 8 a
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle. They shall be taken in a suitable accommodation, with adequate sleeping and sanitary facilities;, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary, in parking areas that have a Dedicated Parking Certificate (DPC). In the case the conditions provided at Article 8a are not fulfilled, the regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest may be taken in a vehicle, in a parking area decided by the driver.
Amendment 334 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – point a
Article 8 – paragraph 8 a – point a
Amendment 339 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – point b
Article 8 – paragraph 8 a – point b
Amendment 348 #
Amendment 390 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EC) No 561/2006
Article 8 a (new)
Article 8 a (new)
(5 a) The following Article is inserted: "Article 8a new 1. The Commission shall, by means of implementing acts, lay out the conditions under which a parking area may receive a Dedicated Parking Certificate (DPC). The DPC shall be conferred on parking areas that have at least the facilities and features set out in Annex Ito this Regulation. The implementing rule shall provide also the conditions under which a Member State can enforce the provisions of Article 8 (8) ( para1). 2. Member State competent authorities shall establish national Dedicated Parking Certificates. 3. Undertakings, local authorities and any other actors may apply to the competent authority for certification that their parking areas comply with the DPC requirements. 4. All parking areas with a DPC shall indicate at their entrances that they have certification. 5. At least once a year, an inspection agency, selected by the Member State, shall carry out a conformity audit of all parking areas bearing the DPC. 6. All parking areas that have the DP Care deemed to be suitable for daily rest, weekly rest, compensated rest and reduced weekly rest for the purpose of this Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this regulation."
Amendment 406 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 561/2006
Article 12 – paragraph 2
Article 12 – paragraph 2
Provided that road safety is not in any way thereby jeopardiszed, the driver may depart from Article 8(2) and the second subparagraph of Article 8(6) ,to be able to reach a suitable accommodation as referwithin two hours the employer's operational centre whered to in Article 8(8a) to take a daily or weekly rest there. Such a departure shall not result in exceeding daily or weekly driving times or shortening daily or weekly rest periodhe driver is based or a parking area with a DPC, after a rest of no less than 30 minutes. The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment, or on a printout from the recording equipment or in the duty roster, at the latest upon arrival at the suitable accommodation. Up to two hours shall be compensated by an equivalent period of rest, taken in one session, before the end of the third week following the week in question.
Amendment 411 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EC) No 561/2006
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(7 a) In Article 13, paragraph 1, point b is amended as follows: "(b) vehicles used or hired, without a driver, by agricultural, horticultural, forestry, farming or, fishery or construction undertakings for carrying goods as part of their own entrepreneurial activity within a radius of up to100 km from the base of the undertaking; " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
Amendment 429 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 561/2006
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall lay down1. Commission shall, by means of implementing acts, establish common harmonized rules on penalties applicable to infringements of this Regulation and Regulation (EU) No 165/2014 and. Member States shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate to their gravity as determined in accordance with Annex III to Directive 2006/22/EC of the European Parliament and of the Council12 , dissuasive and non- discriminatory. No infringement of this Regulation and Regulation (EU) No 165/2014 shall be subjected to more than one penalty or procedure. The Member States shall notify the Commission of those measures and the rules on penalties by the date specified in the second subparagraph of Article 29. They shall notify without delay any subsequent amendments thereto. The Commission shall inform Member States accordingly.; _________________ 12 Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35) Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this Directive.
Amendment 431 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c (new)
Article 1 – paragraph 1 – point 11 – point c (new)
Regulation (EC) 561/2006
Article 22 – paragraph 3 b a (new)
Article 22 – paragraph 3 b a (new)
3b a. In Article 22, the following paragraph shall be added: "3ba. The Commission shall, by means of implementing acts, lay down rules 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 432 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c (new)
Article 1 – paragraph 1 – point 11 – point c (new)
Regulation (EC) 561/2006
Article 22 – paragraph 3 b b (new)
Article 22 – paragraph 3 b b (new)