Activities of Alejandro CERCAS related to 2008/0195(COD)
Plenary speeches (1)
The organisation of the working time of persons performing mobile road transport activities (debate)
Amendments (29)
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 16 #
Proposal for a directive– amending act
–
–
The European Parliament rejects the Commission proposal.
Amendment 19 #
Proposal for a directive– amending act
Recital 1 a (new)
Recital 1 a (new)
(1a) Mobile workers who do not fall under the scope of application of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport1 should fall under the scope of application of this Directive. 1 OJ L 102, 11.4.2006, p.1.
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 22 #
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 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
Recital 7
Recital 7
(7) In the light of the Commission report and the impact assessment, self-employed drivers should be exincluded fromin the scope of Directive 2002/15/EC.
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 30 #
Proposal for a directive
Recital 8
Recital 8
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 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 37 #
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) Article 3 (h) is amended as follows: (h) 'night time' shall mean the period between 00.00 and 06.00 hours;
Amendment 40 #
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 twoone hours work performed during night time. "
Amendment 59 #
Proposal for a directive
Article 1 – point 1 – subpoint a
Article 1 – point 1 – subpoint a
Directive 2002/15/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 61 #
Proposal for a directive
Article 1 – point 1 – subpoint b
Article 1 – point 1 – subpoint b
Directive 2002/15/EC
Article 2 – paragraphs 2 and 3
Article 2 – paragraphs 2 and 3
Amendment 62 #
Proposal for a directive
Article 1 – point 1 – subpoint c
Article 1 – point 1 – subpoint c
Directive 2002/15/EC
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 63 #
Proposal for a directive
Article 1 – point 2 – subpoint a
Article 1 – point 2 – subpoint a
Directive 2002/15/EC
Article 3 – point a – paragraph 2
Article 3 – point a – paragraph 2
Amendment 73 #
Proposal for a directive
Article 1 – point 2 – subpoint b
Article 1 – point 2 – subpoint b
Directive 2002/15/EC
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
"'mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but: i. who does not have the freedom to organise the relevant working activities; ii. whose income does not depend directly on the profits made; iii. who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers for whom one of the following indicators apply: i. who is subordinated to a user undertaking: does not have the freedom to organise his working place and time and the relevant working activities or has to submit to orders and instructions of another party in the performance of work; ii. whose income does not depend directly on the profits made, and who is economically, financially and socially dependent on the work done for and by an undertaking that belongs to someone else; who receives the following: periodic payment of remuneration and such remuneration constitutes the worker's sole or principal source of income; payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; iii. who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers; iiia. whose work is very similar to previous work executed for the same contractor; iiib. whose work involves the provision of tools, materials and machinery by the party requesting the work; iiic. who does not dispose of the vehicle used, either through ownership or through leases / lease; To justify a genuine self-employed status, the burden of proof shall in all cases fall upon the self-employed worker."
Amendment 74 #
Proposal for a directive
Article 1 – point 2 – subpoint c
Article 1 – point 2 – subpoint c
Directive 2002/15/EC
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
Amendment 76 #
Proposal for a directive
Article 1 – point 2 – subpoint c
Article 1 – point 2 – subpoint c
Directive 2002/15/EC
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
(c) point (e) is deleted replaced by the following: 'Self-employed driver’ shall mean anyone: i. whose main occupation is to transport passengers or goods by road for hire and reward within the meaning of Union legislation under cover of a Community licence or any other professional authorisation to carry out the aforementioned transport (so, the reference to Community licence & professional authorisation is kept); ii. who is entitled to work for himself and who is not tied to an employer by an employment contract or by any type of working hierarchical relationship; iii. who is not subordinated to a user undertaking: has the freedom to organise his working place and time and the relevant working activities or does not have to submit to orders and instructions of another party in the performance of work; iv. whose income does not depend directly on the profits made, and who is not economically, financially and socially dependent on the work done for and by an undertaking that belongs to someone else; who does not receive any of the following: periodic payment of remuneration where such remuneration constitutes the worker's sole or principal source of income; payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; v. who has the freedom, individually or through cooperation with other self- employed drivers, to have relationships with several customers; vi. whose work is different from previous work executed for the same contractor To justify a genuine self-employed status, the burden of proof shall in all cases fall upon the self-employed worker."
Amendment 108 #
Proposal for a directive
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 2002/15/EC
Article 11 b (new)
Article 11 b (new)
(6a) The following Article 11b is inserted Article 11b Infringements Not complying with the definitions in article 3(d) and article 3(e) of this Regulation shall be considered as a ‘most serious infringement’ and shall therefore be subject to all the provisions set out under Regulation (EC) No 1071/2009 with regard to this type of infringement; Undertakings, consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies not complying with the definitions in Article 3(d) and Article 3(e) of this Regulation shall also be considered as a ‘most serious infringement’, and shall therefore be subject to all the provisions set out under Regulation (EC) No 1071/2009 with regard to this type of infringement;
Amendment 109 #
Proposal for a directive
Article 1 – point 6 b (new)
Article 1 – point 6 b (new)
Directive 2002/15/EC
Article 12 a (new)
Article 12 a (new)
Amendment 113 #
Proposal for a directive
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2002/15/EC
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
(8a) In Article 13, the following paragraph 2 a is inserted: "2a. The Commission shall establish a method and content for reporting by Member States with regard to employment trends in the sector, the impact on fair competition, occupational health and safety and road safety; on the basis of these reports, the Commission will submit regular reports to the European Parliament and the Council; the Member States and the Commission shall report every two years on the above; The Commission shall also report (two years after the entry into force of the Directive) to the European Parliament and the Council on the measures adopted in terms of frequency and modalities of monitoring and control of working time."