Activities of Elżbieta Katarzyna ŁUKACIJEWSKA related to 2017/0123(COD)
Shadow reports (1)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector
Amendments (35)
Amendment 3 #
Council position
Recital 8
Recital 8
(8) Regulation (EC) No 1071/2009 requires undertakings to conduct effectively and continuously their operations with the appropriate technical equipment and facilities at an operating centre situated in the Member State of establishment, and it allows for additional requirements at national level, the most common of which being a requirement to have parking spaces available in the Member State of establishment. However, those, unevenly applied, requirements have not been sufficient to ensure a genuine link with that Member State in order to efficiently fight letter-box companies and to reduce the risk of systematic cabotage and nomadic drivers organised from an undertaking to which the vehicles do not return. Considering that, in order to ensure the proper functioning of the internal market in the area of transport, specific rules on the right of establishment and the provision of services may be necessary, it is appropriate to further harmonise the establishment requirements and to strengthen the requirements linked to the presence of the vehicles used by the transport operator in the Member State of establishment. Defining a clear minimum interval within which the vehicle has to return also contributes to ensuring that those vehicles can be correctly maintained with the technical equipment situated in the Member State of establishment and facilitates controls. The cycle for such returns should be synchronised with the obligation on the transport undertaking in Regulation (EC) No 561/2006 of the European Parliament and of the Council6 to organise its operations in a manner that enables the driver to return home at least every four weeks, so that both obligations can be fulfilled through the return of the driver together with the vehicle at least every second four week cycle. This synchronisation strengthens the right of the driver to return and reduces the risk that the vehicle has to return only to fulfil this new establishment requirement. However, the requirement to return to the Member State of establishment should not require a specific number of operations to be conducted in the Member State of establishment or otherwise limit the operators possibility to provide services throughout the internal market. _____________________________ 6 the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).Regulation (EC) No 561/2006 of
Amendment 5 #
Council position
Recital 21
Recital 21
Amendment 8 #
Council position
Recital 22
Recital 22
Amendment 11 #
Council position
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 14 #
Council position
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) on an ongoing basis, have at its regular disposal a number of vehicles that complying with the conditions laid down in point (e) and employ drivers who are normally based at anbased on the law applicable to operational centre inof that Member State, in both casese undertaking, proportionate to the volume of transport operations carried out by the undertaking.
Amendment 17 #
Council position
Article 2 – paragraph 1 – point 4 – point a
Article 2 – paragraph 1 – point 4 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2 a
Article 8 – paragraph 2 a
Amendment 20 #
Council position
Article 2 – paragraph 1 – point 4 – point a a (new)
Article 2 – paragraph 1 – point 4 – point a a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
(aa) the following paragraph is inserted: '2b. Hauliers are not allowed to carry out cabotage operations with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same Member State within 48 hours following the end of its cabotage operation in that Member State.';
Amendment 24 #
Council position
Article 2 – paragraph 1 – point 4 – point b
Article 2 – paragraph 1 – point 4 – point b
Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage and of each consecutive cabotage operation carried out. In the event that the vehicle has been in the territory of the host Member State within the period of four days preceding the international carriage, the haulier shall also produce clear evidence of all operations that were carried out during that period.;
Amendment 26 #
Council position
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Amendment 29 #
Council position
Article 4 – paragraph 1
Article 4 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union[insert date 18 month after that of its publication in the Official Journal of the European Union]. By .... [OJ: 4 months after that of its publication in the Official Journal of the European Union] the Commission shall present a proper impact assessment regarding the impact of this Regulation on actual economic situation of the EU road haulage market and drivers' health safety situation, and, where appropriate, propose amendments to this Regulation taking into account the new market situation of the sector.
Amendment 48 #
Proposal for a regulation
Recital 2
Recital 2
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit.The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, s Several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnesof 2,8 to 3.5 tonnes for international transport by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatorye requirements for engagement in the occupation of road transport operator should apply equally. The exemption should be made, however, as regards transport operations carried out with vehicles with a permissible laden mass not exceeding 3.5 tonnes in cross- border regions, carried out by transport operators from these regions, within 100 km radius from the border.
Amendment 83 #
Proposal for a regulation
Recital 7
Recital 7
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 122 #
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks and to eliminate uncertainty as well as to ensure that levels of empty running decrease, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be reducmaintained.
Amendment 129 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) In order to ensure that cabotage operations are not carried out on systematic basis which may create a permanent activity, hauliers should not be allowed to carry out cabotage operations in the same host Member State within a certain period of time after completing the cabotage operation.
Amendment 136 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) The introduction of a new device - smart tachograph - should enable enforcement authorities carrying out roadside checks to detect infringements and abnormalities especially in cabotage operations quicker and more efficiently which would result in better enforcement of this regulation.
Amendment 141 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Article 1 – paragraph 1 – point 1 – point a – point i
Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a
Article 1 – paragraph 4 – point a
(i) point (a) is deletedreplaced by the following: (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 2,8 tonnes, (aa) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 3,5 tonnes that are engaged exclusively in national transport operations;
Amendment 169 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation 1071/2009
Article 1 – paragraph 6 – second subparagraph
Article 1 – paragraph 6 – second subparagraph
Amendment 172 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b (new)
Article 1 – paragraph 1 – point 1 – point b (new)
Regulation 1071/2009/EC
Article 1 – paragraph 5 a (new)
Article 1 – paragraph 5 a (new)
(b a) The following paragraph 5 a is added: By way of derogation from paragraph 2, this Regulation shall, unless otherwise provided for in national law, not apply to transport operations in cross-border regions, carried out by transport operators by means of vehicles with the permissible laden mass which does not exceed 3,5 tonnes from these regions, within 100 km radius from the border.
Amendment 222 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii
Article 1 – paragraph 1 – point 4 – point a – point iii
Regulation (EC) No 1071/2009
Article 6 – paragraph 1b – point xi
Article 6 – paragraph 1b – point xi
Amendment 250 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) 1071/2009
Article 7 – paragraph 1
Article 7 – paragraph 1
In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle above 3.5 tonnes used and EUR 900 for each additional vehicle below 3.5 tonnes used. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.;
Amendment 256 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 1071/2009
Article 7 – paragraph 2
Article 7 – paragraph 2
2. By way of derogation from paragraph 1, in the absence of certified annual accounts the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee or an insurance including a professional liability insurance from one or more banks or other financial institutions - including insurance companies, a document issued by a financial institution establishing access to credit in the name of the undertaking, or another binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1.;
Amendment 307 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 (new) Regulation EC No 1071/2009
Article 1 – paragraph 1 – point 12 (new) Regulation EC No 1071/2009
Amendment 308 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
regulation (EC) No1071/2009
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall reply to requests for information from all competent authorities of other Member States and, where necessary, carry out checks, inspections and investigations concerning compliance with the requirement laid down in Article 3(1)(a) by road transport operators established in their territory. Requests for information by competent authorities of Member States shall be appropriately justified and reasoned. To this end, requests shall include credible indications of possible infringements of Article 3(1)(a).
Amendment 330 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) No 1071/2009
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Every two years, Member States shall draw up a report on the use of motor vehicles with a permissible laden mass between 2,8 and not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnesinvolved in international transport and established in their territory and shall forward it to the Commission no later than 30 June of the year after the end of the reporting period. This report shall include:
Amendment 331 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) 1071/2009
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) the number of authorisations granted to operators engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass between 2.8 and not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnesinvolved in international transport;
Amendment 332 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) 1071/2009
Article 26 – paragraph 3 – point b
Article 26 – paragraph 3 – point b
(b) the number of vehicles with a permissible laden mass between 2.8 and not exceeding 3,.5 tonnes involved in international transport, registered in the Member State in each calendar year;
Amendment 333 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) 1071/2009
Article 26 – paragraph 3 – point c
Article 26 – paragraph 3 – point c
(c) the overall number of vehicles with a permissible laden mass between 2.8 and not exceeding 3,.5 tonnes involved in international transport, registered in the Member State as of 31 December of each year;
Amendment 334 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) 1071/2009
Article 26 – paragraph 3 – point d
Article 26 – paragraph 3 – point d
Amendment 336 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) 1071/2009
Article 26 – paragraph 4
Article 26 – paragraph 4
4. On the basis of the information gathered by the Commission under paragraph 3 and of further evidence, the Commission shall, by 31 December 2024 at the latest, present a report to the European Parliament and the Council on the evolution of the total number of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden massbetween 2,8 and not exceeding 3.5 tonnes engaged in national and international road transport operations. On the basis of this report, it shall reassess whether it is necessary to propose additional measures.
Amendment 337 #
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EC) 1071/2009
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Every two years Member States shall report to the Commission on the requests made by them under Article 18(32) andto (46), on the replies received from other Member States and on the actions that they have taken on the basis of the information provided.;
Amendment 349 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation 1072/2009
Article 1 – paragraph 5 – point c
Article 1 – paragraph 5 – point c
(1a) In Article 1 - paragraph 5 - point c is replaced by the following: " (c) carriage of goods in motor vehicles the permissible laden mass of which, including that of trailers, does not exceed 3,52,8 tonnes; (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R1072&from=" Or. en)
Amendment 356 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2 – paragraph 6
Article 2 – paragraph 6
6. ‘cabotage operation’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery or unloading points, as specified in the consignment note;;
Amendment 368 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
(EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 57 days from the last unloading in the host Member State in the course of the incoming international carriage.; 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 cabotage operations where the period of posting to their territory to perform these operations is shorter than or equal to 7 days during a period of one calendar month. When the period of posting is longer than 7 days, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for entire period of posting to their territory during the period of one calendar month referred to in the first subparagraph. ; Or. en (See wording of Article 3 (1) of Directive 96/71/EC and wording of Article 1 (a) of COM(2017) 278.)
Amendment 400 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a (new)
Article 2 – paragraph 1 – point 5 – point a (new)
regulation (EC) No 1072/2009
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Hauliers are not allowed to carry out cabotage operations, with the same vehicle, or in the case of coupled combination, the motor vehicle of that same vehicle, in the same host Member State within 2 days from the end of the 7- day period referred to in paragraph 2.
Amendment 410 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b (EC) No 1072/2009
Article 2 – paragraph 1 – point 5 – point b (EC) No 1072/2009
National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage. The portion of haulage operation in international carriage can be lower than the combined portion of the cabotage operations;