Activities of Csaba SÓGOR related to 2017/0121(COD)
Plenary speeches (1)
Enforcement requirements and specific rules for posting drivers in the road transport sector (A8-0206/2018 - Merja Kyllönen)
Amendments (24)
Amendment 25 #
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 a balance between free movement of services, adequate working conditions and social protection for drivers, on the one hand, andto provide a suitable business and fair competition conditionsve environment for operators, on the other, while respecting the fundamental freedoms, the freedom of movement of services in particular, guaranteed by the Treaties.
Amendment 31 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Any national rules applied to road transport must be proportionate as well as justified and must not hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty, such as the freedom of movement of services in order to maintain or even increase the competitiveness of the European Union, including the costs of products and services by respecting the working conditions and social protection for drivers as well as the speciality of the sector since drivers are highly mobile workers, not posted workers.
Amendment 35 #
Proposal for a directive
Recital 3
Recital 3
(3) The balance between enhancing social and working conditions for drivers and facilitatsuring the exercise of the freedom to provide road transport services based on fairnon- discriminatory competition between national and foreign operators isas enshrined in the Treaty and social and working conditions for drivers are crucial for the smooth functioning of the internal market.
Amendment 37 #
Proposal for a directive
Recital 4
Recital 4
(4) Having evaluated the effectiveness and efficiency of the current Union social legislation in road transport, certain loopholes in the existing provisions and deficiencies in their enforcement were identified. Furthermore a number of discrepancies exist between Member States in interpretation, application and implementation of the rules. This creates legal uncertainty and the illegal and unlawful practice of unequal treatment of drivers and operators in some Member States, which is detrimental to the working, social and competition conditions in the sector and, in some cases, leads to the populist rhetoric of social dumping, whilst more emphasis should be put on fighting against undeclared workers in transport sector.
Amendment 72 #
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 driverransit and international transport operations as defined by Regulations 1072/200918 and 1073/200919 should not be subject to Directive 96/71/EC and Directive 2014/67/EU as there is no direct competition with national companies in the case of transit and international transport and there is a clear link of the driver to the Member State of establishment of the company. __________________ 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)
Amendment 82 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) A time threshold should apply to cabotage operations as defined in Regulations (EU) No 1072/20091a and (EU) No 1073/20091b 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 beyond the time threshold set in Article 8(2) of Regulation (EU) No 1072/2009. __________________ 1a 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). 1b 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).
Amendment 87 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific and drivers as highly mobile workers, the Internal Market Information System (IMI), established by Regulation No 1024/20112 should be used for exchange of information between Member States and standardized forms of documents together with specific non-burdensome administrative and control requirements should also be established in the road transport sector, taking full advantage of control tools such as the digital tachograph.
Amendment 104 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles falling, where relevant and justified, within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experiencontroversial experience of non-compliant practice in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.;
Amendment 135 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – Part A – point 6
Annex I – Part A – point 6
Amendment 171 #
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 performingDirective 96/71/EC or Directive 2014/67/EU to transit and international carriagetransport operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month.
Amendment 181 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 a (new)
Article 2 – paragraph 2 – subparagraph 1 a (new)
Directive 96/71/EC shall not apply to drivers engaged in road passenger transport activities, within the meaning of Regulation (EC) No 1071/2009.
Amendment 188 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 200 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 a (new)
Article 2 – paragraph 2 – subparagraph 2 a (new)
By derogation from Article 1 of Directive 96/71/EC [as amended by COD 2016/0070], transport operations falling under the scope of this directive cannot be subject to rules on long-term posting.
Amendment 205 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. By derogation from Article (...)* of the legislative act amending Directive 96/71/EC, transport operations failing under the scope of this Directive should be excluded from the non-universally applicable collective agreements.
Amendment 213 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 255 #
Proposal for a directive
Article 2 – paragraph 4 – point a
Article 2 – paragraph 4 – point a
(a) an obligation for the road transport operator established in another Member State to send a posting declaration to the Internal Market Information System (IMI) or to submit to the national competent authorities at the latest at the commencement of the posting, in standardized, electronic form, in an developed and made available by the Commission, in any of the official languages of the host Member State or in EnglishUnion, containing only the following information:
Amendment 272 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iv
Article 2 – paragraph 4 – point a – point iv
(iv) the anticipated duration, envisaged beginning and end date of the posting;
Amendment 307 #
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 ortransport manager or other contact person(s) in the Member State of establishment to make available in 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 driver, in any of the official languages of the Union within 14 working days of the request made by the relevant authorities 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)
Amendment 319 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
(e) an obligation for the driver to make available, where requested at the roadside control, in paper ortransport manager or other contact person(s) in the Member State of establishment to make available in 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 anthe driver´s payslips for the preceding two calendar months within 14 working days of the request made by other person or entity which may provide this copy relevant authorities of the host Member State;
Amendment 324 #
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e),c) at the request of the authorities of the host Member State within a reasonable period of time;
Amendment 359 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by […] [The time limit for transposition will be as short as possible and, generally, will not exceed two years] at the latestthree years from the entry into force of this Directive, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 362 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from […... [COD 2016/0070 -revised Posting of Workers Directive] is applicable].
Amendment 366 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The transport sector, due to its recognised highly mobile features, is exempt from the measures deriving from the legislative act amending Directive 96/71/EC.