16 Amendments of Rolandas PAKSAS related to 2017/0121(COD)
Amendment 47 #
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, and suitable business and fair competition conditions for operators, on the other.
Amendment 100 #
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 protection of drivers and the freedom to provide cross-border services for operators. The posting rules specific to road transport are laid down solely by this Directive. The provisions of Directive 96/71/EC and Directive 2014/67/EU do not apply.
Amendment 107 #
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)The minimum rate of pay and the minimum annual paid holidays of the host Member State should not apply to transit and international transport operations, given the need to ensure the free movement of goods and services and the functioning of the single transport market.
Amendment 184 #
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 experience of non- compliant behaviour 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 234 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Directive 2006/22/EC
Article 14
Article 14
Amendment 244 #
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 264 #
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 340 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 417 #
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,a standardised electronic form developed and made available by the Commission in anll official languages of the host Member State or in EnglishUnion, containing only the following information:
Amendment 435 #
(iii) the anticipated number and the identities of posted drivers, including the Member State where they are employed;
Amendment 487 #
Proposal for a directive
Article 2 – paragraph 4 – point c
Article 2 – paragraph 4 – point c
(c) an obligation for the driver to keep and make available, where requested at the roadside control,and the road transport operator to keep and, if they are so requested while being checked, make available the tachograph records, and in particular the country codes of Member States where the driver has been present when carrying out international road transport operations or cabotage operations in the last 28 days;
Amendment 498 #
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,and the road transport operator to keep and, if they are so requested while being checked, make available a copy of the employment contract orin electronic form or of 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 Statecountry 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, 18.10.91, p. 32).. During the roadside control, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide those documents;
Amendment 521 #
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 or electronic form, a copy of payslipsand the road transport operator to keep and, if they are so requested while being checked, make available a copy of payslips, as defined in paragraph 5a of this Article, for last two months; d. 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 copy;
Amendment 545 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
Amendment 552 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
Amendment 582 #
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 latest... [3 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.