Activities of Silvia-Adriana ȚICĂU related to 2007/0098(COD)
Plenary speeches (2)
Common rules for access to the international market for coach and bus services (recast) - Common rules concerning the conditions to be complied with to pursue the occupation of road transport operator - Common rules for access to the international road haulage market (recast) (debate)
Common rules for access to the international market for coach and bus services (recast) - Common rules concerning the conditions to be complied with to pursue the occupation of road transport operator - Common rules for access to the international road haulage market (recast) (debate)
Reports (2)
REPORT Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC PDF (209 KB) DOC (265 KB)
REPORT Proposal for a Regulation of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator PDF (373 KB) DOC (454 KB)
Amendments (12)
Amendment 37 #
Article 2 – paragraph 4
4) "undertaking" shall mean any natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such personality, engaged in the transport of passengers, or any natural or legal person engaged in the transport of freight with a commercial purpose;
Amendment 39 #
Article 8 – paragraph 1 a (new)
1a. The persons concerned shall sit the examination in the Member State in which they have their normal residence or the Member State in which they work. Normal residence shall mean the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal ties which show close links between that person and the place where he is living. However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being in the place of his personal ties, provided that such person returns there regularly. This last condition shall not be required where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.
Amendment 40 #
Article 8 – paragraph 4 a (new)
4a. Member States may require that persons who possess a certificate of professional competence but who have not managed a road haulage undertaking or a road passenger transport undertaking in the last five years, shall undertake retraining in order to update their knowledge regarding developments in the legislation referred to in Part I of Annex I.
Amendment 41 #
Article 9 – paragraph -1 a (new)
A Member State may exempt from specified parts of the examinations holders of certificates of professional competence valid for national transport operations in that Member State.
Amendment 42 #
Article 11 – paragraph 1
1. A transport undertaking which complies with the requirements laid down in Article 3 shall, upon application, be authorised to engage in the occupation of road transport operator. The competent authority shall ascertain that an undertaking which submits an application satisfies the requirements laid down in that Article. Member States may, in appropriate national legislation, specify the duration of authorisations to engage in the occupation of road transport operator. The assessment of an application may result in the issue of a Community licence in accordance with Regulations (EC) No …/… and (EC) No …/…*. A Member State may issue an authorisation other than a Community licence for undertakings which only perform transport operations within the territory of that Member State.
Amendment 43 #
Article 11 – paragraph 3
3. The time limit for the examination of an application for authorisation by a competent authority shall be as short as possible and shall not exceed three monthweeks from the date on which the competent authority receives all documents necessary to assess the application. The competent authority may extend this time limit for an additional two monthweeks in duly justified cases.
Amendment 44 #
Article 16 – paragraph 1 – subparagraph 2
By 31 JuneDecember 2009, the Commission shall issue guidelinesa decision on minimum requirements for the data to be entered in the national electronic register from the date of its setting in order to facilitate the future interconnection of registers. It may recommend the inclusion of the vehicle registration marks in addition to the data referred to in paragraph 2.
Amendment 45 #
Article 16 – paragraph 6
6. Common rules concerning the implementation of paragraph 5, such as the format of the data exchanged, the technical procedures for electronic consultation of the national electronic registers of the other Member States and the promotion of the interoperability of these registers with other relevant data bases, shall be adopted by the Commission in accordance with the procedureregulatory procedure with scrutiny referred to in Article 25(23). Those common rules shall determine which authority is responsible for access to data and further use and updating of data after access and, to this effect, shall include rules on data logging and data monitoring.
Amendment 94 #
Proposal for a regulation
Recital 7
Recital 7
(7) The natural persons with the requisite good repute and professional competence should be clearly identified and designated to the competent authorities. Such persons, referred to as "transport managers", should be those who are resident in a Member State and 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 98 #
Proposal for a regulation
Recital 9
Recital 9
(9) A road transport undertaking must have a minimum financial standing to ensure proper launching and proper administration of the undertaking. The current method based on a minimum threshold for capital and reserves leaves a great deal of uncertainty about the financial resources to be taken into account, and does not guarantee that an undertaking has the ability to meet its short-term commitments. It is appropriate to use other, better defined and more relevant financial indicators which can be established on the basis of the annual accounts. Undertakings which so wish should be afforded the possibility of demonstrating their financial standing with a bank guarantee or other financial instrument such as insurance, which may constitute a simpler and less expensive method for them.
Amendment 99 #
Proposal for a regulation
Recital 10
Recital 10
(10) A high level of professional qualification should increase the socio- economic efficiency of the road transport sector. It is therefore appropriate that applicants for the post of transport manager should undergo high-quality training. To ensure greater uniformity of training and examination and transparency vis-à-vis applicants, it is appropriate to provide that the Member States accredit examination and training centres according to criteria to be defined by them. On the grounds of fairness and transparency, it is also appropriate that all applicants, including those who, because they have experience or a diploma, may be exempted from compulsory initial training, should pass an examination. Since the completion of the internal market, the national markets are no longer separate. Consequently, those responsible for managing transport activities should possess the requisite knowledge for managing both national and international transport operations. The list of subjects of which knowledge is required in order to obtain a certificate of professional competence and the procedures for the organisation of examinations are likely to evolve with technical progress, and provision should be made for updating them.
Amendment 105 #
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 severe infringements leading to the loss of the requisite good repute 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.