Activities of Danuta JAZŁOWIECKA related to 2017/0121(COD)
Plenary speeches (2)
Pan-European Personal Pension Product (A8-0278/2018 - Sophia in 't Veld) PL
Enforcement requirements and specific rules for posting drivers in the road transport sector (A8-0206/2018 - Merja Kyllönen) PL
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector
Amendments (54)
Amendment 45 #
Proposal for a directive
Recital 5
Recital 5
(5) Adequate, effective and consistent enforcement of the working time provisions is crucial for protecting the working conditions of drivers and preventing the distortions of competition resulting from non-compliance. Therefore it is desirable to extend the existing uniform enforcement requirements set out in Directive 2006/22/EC to controlling compliance with the working time provisions set out in Directive 2002/15/EU. However, due to its specificities, compliance with Directive 2002/15/EU can only be controlled at the premises and not during the roadside checks.
Amendment 81 #
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). 19Regulation (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 83 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Due to its specificities and due to the lack of sufficient link of the driver with the territory of the host Member State, transit operations should be excluded from the scope of this Directive. The same exemption should be made with regards to transport operations in cross- border regions, carried out by transport operators from these regions, within 100 kilometres of the border.
Amendment 86 #
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 administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph. There is a need for more targeted and effective controls therefore there should be a clear distinction between the road controls and controls at the premises. This will also allow to multiply the number of controls and at the same time reduce administrative burdens.
Amendment 98 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In the case of a control of substantial activity any possible application of Article 4 paragraph 2, especially points d and e, of the Enforcement Directive 2014/67/EU should take into account the specific characteristics of the transport sector. This should be analysed together with Article 5 of Regulation (EU) No 1071/2009 on conditions relating to the requirement of establishment.
Amendment 103 #
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 within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and in case of checks at the premises of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
Amendment 107 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2006/22/EC
Article 2 – paragraph 3 – subparagraph 1
Article 2 – paragraph 3 – subparagraph 1
Each Member State shall organise checks in such a way that at least 3% of days worked by drivers of vehicles falling within the scope of Regulation (EC) No 561/2006, Regulation (EU)165/2014 and Directive 2002/15/EC are checked. Member States shall focus especially on structurally and repeatedly non-compliant hauliers.
Amendment 111 #
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 in relation to the various types of transport and undertakings. Checks of conformity with Directive 2002/15/EC shall be done solely at the premises. 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 118 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 1
Article 8 – paragraph 1 a – subparagraph 1
Member State shall submit the information requested by other Member States pursuant to paragraph 1(b) of this Article within 25 working days from the receipt of the request in cases requiring in-depth examination or involving checks at premises of the undertakings concerned. A shorter or longer time limit may be mutually agreed between the Member States if justified by the nature of the request. In urgent cases or cases requiring simple consultation of registers, such as of a risk rating system, the requested information shall be submitted within three working days.
Amendment 134 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Due to the absence of a sufficient link of a driver with a territory of a host Member State, transit operations should not be subject to this Directive, Directive 96/71/EC and Directive 2014/67/EU.
Amendment 136 #
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 139 #
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 administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph. In order to ensure the effectiveness of controls, it is important to make a distinction between the checks carried out at the roadside and at the premises of the undertakings. The checks could also be carried out remotely by electronic or digital means.
Amendment 148 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to facilitate the implementation, application and enforcement of this Directive, the internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 should be used in Member States for the enhanced exchange of information between regional and local authorities across borders. It could also be an advantage to extend the features of IMI to include the submission and transmission of simple declarations.
Amendment 154 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This Directive and Directive 96/71/EC do not apply to transit operations.
Amendment 159 #
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Amendment 160 #
Proposal for a directive
Article 2 – paragraph 1 c (new)
Article 2 – paragraph 1 c (new)
1c. This Directive and Directive 96/71/EC do not apply to undertakings established in cross-border regions and performing international transport operations as defined by Regulation 1072/2009 in these cross-border regions within 100 kilometres of the border.
Amendment 165 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point -a (new)
Article 1 – paragraph 1 – point 3 – point -a (new)
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Amendment 180 #
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 performing international carriage 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 39 days during a period of one calendar month.
Amendment 182 #
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 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 orhave been detected at the roadside. Checks of compliance with Directive 2002/15/EC shavell been detected at the roadside. carried out exclusively at the premises of the undertakings or remotely by electronic or digital means;
Amendment 223 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) a daily working period shorter than six12 hours spent in the territory of a host Member State shall be considered as half a day;
Amendment 229 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) a daily working period of sixtwelve hours or more spent in the territory of a host Member State shall be considered as a full day;
Amendment 233 #
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) breaks and rest periods as well as periods of availability spent in the territory of a host Member State shall be considered as working period.
Amendment 239 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. All transport operations falling under the scope of this Directive are excluded from rules on long-term posting as referred in Article 1 of the legislative act amending Directive 96/71/EC.
Amendment 242 #
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 243 #
Proposal for a directive
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3b. All transport operations falling under scope of this Directive shall be excluded from rules on collective agreements which are not universally applicable as defined in Article [...] of Directive 96/71/EC.
Amendment 248 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. By way of derogation from Article 9 paragraph 1 and 2 of the Enforcement Directive 2014/67/EU Member States may only impose the following administrative requirements and control measures:
Amendment 256 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Transit operations shall be fully exempt from the scope of Directive 96/71/EC and of this Directive.
Amendment 258 #
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
1b. This Directive and Directive 96/71/EC shall not apply to undertakings established in cross-border regions and performing international transport operations as defined by Regulation (EC) No 1072/2009 in these cross-border regions within 100 km radius from the border.
Amendment 261 #
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 postingvia a dedicated public interface of the IMI system a standardized, electronic simple declaration to the national competent authorities at the latest at the commencement of the posting, in electronic form, in an official language of the host Member State or in English, containing only the following information:
Amendment 262 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point i
Article 2 – paragraph 4 – point a – point i
(i) the identity of the road transport operator (in the case of a subsidiary, also the address of the headquarters);
Amendment 271 #
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 per worker;
Amendment 276 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi
Article 2 – paragraph 4 – point a – point vi
(vi) the type of transport services, that is to say carriage of goods, carriage of passengers, per worker: international carriage, cabotage operation;
Amendment 279 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi a (new)
Article 2 – paragraph 4 – point a – point vi a (new)
(via) the law applicable to the employment contract.
Amendment 282 #
Proposal for a directive
Article 2 – paragraph 4 – point a – subparagraph 1 a (new)
Article 2 – paragraph 4 – point a – subparagraph 1 a (new)
For the purpose of this point, the road transport operator may provide a declaration covering a period of a maximum of six months. The information referred to in points (ii) to (vii) shall be updated electronically by the road transport operator in line with the current factual situation. The public interface of the IMI system dedicated to transport operators contains country specific information with concrete rates of pay (remuneration) and employment conditions applicable to drivers in all Member States as well as links to all single official national websites established by Article 5 of Directive 2014/67/EU.
Amendment 287 #
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make available, where requested at the roadside control, in paper or electronic form, a copy of the postingsimple declaration and evidence of transport operation taking place in the host Member State, such as: an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.
Amendment 303 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 311 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 340 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. For the purposes of point (a) of paragraph 4 the road transport operator may provide a posting declDuring the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may help in carrying out the check. Checks and controls of employment contract or an equivalent document within the meaning of aration covering a period of a maximum of six monthscle 3 of Council Directive 91/533/EEC and/ or payslips shall be carried out solely at the premises. Member States shall proceed in line with procedures put forward by Articles 6, 7 and 8 of Directive 2014/67/EU.
Amendment 357 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) a daily working period shorter than sixtwelve hours spent in the territory of a host Member State shall be considered as half a day;
Amendment 363 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from […... [the date when COD 2016/007 -revised Posting of Workers Directive is applicable].
Amendment 367 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The Commission shall develop, by ways of implementing acts, by ... [2 years after date of the entry into force of this Directive], the public interface of IMI system dedicated to road transport operators as well as a standardised form of the declaration.
Amendment 368 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) a daily working period of sixtwelve hours or more spent in the territory of a host Member State shall be considered as a full day;
Amendment 384 #
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) breaks and rest periods as well as periods of availability spent in the territory of a host Member State shall be considered as working period.
Amendment 388 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. Road transport operations falling under the scope of this Directive shall be excluded from rules on ''posting exceeding twenty-four months'' as referred in [Article 2a of Directive 96/71/EC as amended by 2016/0070(COD)].
Amendment 392 #
Proposal for a directive
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3b. Road transport operations falling under the scope of this Directive shall be excluded from rules on collective agreements or arbitration awards which are not universally applicable as defined in Article 3(8) of Directive 96/71/EC.
Amendment 401 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. By way of derogation from Article 9(1) and (2) of Directive 2014/67/EU, Member States may only impose the following administrative requirements and control measures:
Amendment 422 #
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 postingvia a dedicated public interface of IMI a standardised, electronic, simple declaration to the national competent authorities at the latest at the commencement of the posting, in electronic form, in an official language of the host Member State or in English, containing only the following information:
Amendment 463 #
(aa) For the purpose of point (a) of this paragraph the road transport operator may provide a declaration covering a period of a maximum of six months. The information in points (ii) to (vi) shall be updated electronically by the road transport operator in line with the current factual situation. The public interface of the IMI dedicated to transport operators shall contain country specific information with concrete rates of pay (remuneration) and employment conditions applicable to drivers in all Member States as well as links to all single official national websites established by Article 5 of Directive 2014/67/EU.
Amendment 472 #
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make available, where requested at the roadside control, in paper or electronic form, a copy of the postingsimple declaration and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.
Amendment 493 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 513 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 554 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. For the purposes of point (a) of paragraph 4 the road transport operator may provide a posting declaration covering a peDuring the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may help in carrying out the check. Checks and controls of an employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC and/ or payslips shall be carrioed of a maximum of six months. ut solely at the premises. Member States shall proceed in line with the procedures laid down in Articles 6, 7 and 8 of Directive 2014/67/EU.
Amendment 590 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from […insert the date of entry into force of Directive 96/71/EC* as amended by 2016/0070(COD)].
Amendment 592 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 a (new)
Article 4 – paragraph 1 – subparagraph 2 a (new)
The European transport sector because of its specificity and highly mobile nature shall be exempt from the application of the Posting of Workers Directive 96/71/EC* until the entry into force of this Directive.