28 Amendments of Ismail ERTUG related to 2017/0113(COD)
Amendment 15 #
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2006/1/EC of the European Parliament and of the Council11 provides for a minimum level of the market opening for the use of vehicles hired without drivers for the carriage of goods by road. _________________ 11Directive 2006/1/EC of the European Parliament and of the Council of 18 January 2006 on lays down provisions regarding the use of vehicles hired without drivers for the carriage of goods by road (codified version) (OJ L 33, 4.2.2006, p. 82).
Amendment 18 #
Proposal for a directive
Recital 2
Recital 2
(2) The use of hired vehicles can reduce the costs of undertakings carrying goods on their own account or for hire and reward and at the same time increase their operational flexibility. It can therefore contribute to an increase in the productivity and competitiveness of the undertakings concerned. Moreover, as hired vehicles tend to be younger than the average fleet, they are alsomay often be safer and less polluting.
Amendment 19 #
Proposal for a directive
Recital 3
Recital 3
Amendment 26 #
Proposal for a directive
Recital 5
Recital 5
(5) The level of road transport taxation still differs considerably within the Union. Therefore, cCertain restrictions, which also indirectly affect the freedom to provide vehicle hiring services, remain justified to achieve legitimate objectives such as road safety, taxation policy, protection of the environment or improvement of the welfare or employment rights and conditions of drivers in order to avoid fiscal distortions. Consequently, for example, Member States should have the option to limit the length of time a vehicle hired in another Member State other can be used withain the one of establishmentir respective territories, and to restrict the use of the undertaking hiring it can be used within their respective territorieavier or older hired vehicles for own account transport operations.
Amendment 28 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Other issues specific to the proper use of hired vehicles should also be addressed in this measure. This includes provisions to help ensure that drivers are properly trained and qualified when using hired vehicles and that adequate information on hired vehicles is held, in an accessible manner in the national electronic registers of applicable Member States. This will assist in enforcing rules against illegal cabotage and other violations of Union and Member State laws regarding road transport.
Amendment 33 #
Proposal for a directive
Recital 6
Recital 6
Amendment 37 #
Proposal for a directive
Recital 7
Recital 7
(7) The implementation and effects of this Directive should be monitored by the Commission and be documented by it in a report. Any future action in this area should be considered in light of that report. This should include whether additional requirements to consolidate and safeguard traceable links between undertakings and vehicles should be introduced, such as mandatory declaration of vehicle number plates of hired vehicles in national electronic registers and anti-avoidance provisions against so-called ‘letterbox’ companies.
Amendment 38 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2006/1/EC
Article 1 – title
Article 1 – title
-1 Article 1 Definitions
Amendment 39 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – introductory part
Article 1 – paragraph 1 – point 1 – introductory part
Directive 2006/1/EC
Article 2 – title
Article 2 – title
(1) Article 2 is amended as follows: "Article 2 Use of hired vehicles"
Amendment 44 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a – point ii
Article 1 – paragraph 1 – point 1 – point a – point ii
Directive 2006/1/EC
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the vehicle is registered or put into circulation in compliance with the laws of any Member State;;
Amendment 45 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a – point ii – point a (new)
Article 1 – paragraph 1 – point 1 – point a – point ii – point a (new)
Directive 2006/1/EC
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
Amendment 46 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2006/1/EC
Article 2 – paragraph 1 a
Article 2 – paragraph 1 a
Amendment 55 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b (new)
Article 1 – paragraph 1 – point 1 – point b (new)
Directive 2006/1/EC
Article 2 – paragraph 1 a a (new)
Article 2 – paragraph 1 a a (new)
1aa. Notwithstanding paragraph 1, where the hired vehicle is registered or put into circulation in compliance with the laws of a Member State other than the Member State of use, the time of use shall be limited to no more than two periods of two months each in any given calendar year, and this limitation shall be specified in any applicable contract of hire.
Amendment 57 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b a (new)
Article 1 – paragraph 1 – point 1 – point b a (new)
Directive 2006/1/EC
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
(ba) In Article 2, paragraph 2 introductory part is replaced by the following: "2. Proof of compliance with the conditions referred to in paragraph 1, points (a) to (de) shall be provided by the following documents in writing, which must be on board the vehicle: at the disposal of the driver and on board the vehicle:" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006L0001&from=EN)
Amendment 58 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b b (new)
Article 1 – paragraph 1 – point 1 – point b b (new)
Directive 2006/1/EC
Article 2 – paragraph 2 – point (b)
Article 2 – paragraph 2 – point (b)
Amendment 59 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b c (new)
Article 1 – paragraph 1 – point 1 – point b c (new)
Directive 2006/1/EC
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(bc) In Article 2, paragraph 2 new point (c) should be added: (c) a certified extract of an entry in the applicable national electronic register.
Amendment 60 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b d (new)
Article 1 – paragraph 1 – point 1 – point b d (new)
Directive 2006/1/EC
Article 2 – paragraph 2 – last part
Article 2 – paragraph 2 – last part
Amendment 61 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2006/1/EC
Article 3 – title
Article 3 – title
Article 3 Own account operations
Amendment 65 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2006/1/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
Member States shall take the necessary measures to ensure that their undertakings may use hired vehicleestablished within their territories may use hired vehicles that have been registered or put into circulation within the previous five years for the carriage of goods by road under the same conditions as vehicles owned by them, provided that the conditions laid down in Article 2 are satisfied.
Amendment 68 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2006/1/EC
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(2a) In Article 3, the following paragraph 1 a is inserted: "1a. Member States may exclude from the provisions of paragraph 1 own account transport operations carried out by vehicles with a total permissible laden weight of more than 2,4 tonnes."
Amendment 71 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2006/1/EC
Article 4
Article 4
Amendment 72 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Article 1 – paragraph 1 – point 2 c (new)
Directive 2006/1/EC
Article 5 – point e a (new)
Article 5 – point e a (new)
(2c) In article 5 new point ea is inserted: "Without prejudice to Articles 2 and 3, this Directive shall not affect the application of the rules concerning: (a) the organisation of the market for the carriage of goods by road for hire or reward and own account and in particular access to the market and quota restrictions on road capacities; (b) prices and conditions for the carriage of goods by road; (c) the formation of hire prices; (d) the import of vehicles; (e) the conditions governing access to the activity or occupation of road-vehicle lessor. ; (f) requirements for undertakings to secure appropriate parking spaces where necessary." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006L0001&from=EN)
Amendment 73 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Directive 2006/1/EC
Article 5 a (new)
Article 5 a (new)
(2d) Article 5a Training of drivers Undertakings using hired vehicles shall ensure that all drivers using a hired vehicle receive the necessary training to acquire the knowledge which is essential for their work, with specific attention to health and safety aspects, and that training requirements are regularly updated to meet the challenges of technological innovation.
Amendment 74 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)
Article 1 – paragraph 1 – point 2 e (new)
Directive 2006/1/EC
Article 5 b (new)
Article 5 b (new)
(2e) Article 5b is inserted: Article 5b Penalties Member States shall ensure that penalties applicable to infringements of this Directive are adequate, effective and dissuasive.
Amendment 75 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2006/1/EC
Article 5 a
Article 5 a
Amendment 79 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Regulation (EC) No 1071/2009 should therefore be amended accordingly: Article 6, paragraph 1, point b (va) new is inserted: (va) the driving and use of hired vehicles;
Amendment 80 #
Proposal for a directive
Article 1 b (new)
Article 1 b (new)
Article 1b Directive 2003/59/EC should therefore be amended accordingly: Annex I, paragraph 3, point 3.6a (new) is inserted: (3.6a) Objective: ability to drive, use and manage hired vehicles: general information on the vehicle hired, legislation on the use for transport operations, road driving behaviour and minimum training requirements for transport operations, lack of proper training likely to affect the driving or the use of the vehicle, vehicle maintenance
Amendment 81 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP: please insert the date calculated 182 months following the entry into force] at the latest. They shall communicate to the Commission the text of those provisions without delay.