Activities of Karima DELLI related to 2017/0121(COD)
Shadow reports (1)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Directive 2006/22/EC as regards enforcement requirements and Regulation (EU) No 1024/2012
Amendments (52)
Amendment 23 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) and points (a) and (b) of Article 153(1) in conjunction with Article 153(2) thereof,
Amendment 27 #
Proposal for a directive
Recital 1
Recital 1
(1) In order to create a safe, efficient and socially responsible road transport sector it is necessaryof utmost importance to ensure adequatecent working conditions and social protection for drivers, on the one hand, and suitable business and fair competition conditions for operators, on the other and fair competition as well as a level playing field in the Union.
Amendment 28 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The President of the Commission Jean-Claude Juncker mentioned the foreseeable creation of a European Labour Authority in his State of the Union 2017 speech.
Amendment 29 #
Proposal for a directive
Recital 2
Recital 2
(2) The inherent high mobility of road transport services requires particular attention in assuring that drivers benefit from the rights to which they are entitled, and that operators are not faced with disproportionate administrative barriers unduly restri fair level playing field is kept while respecting their freedom to provide cross-border services.
Amendment 33 #
Proposal for a directive
Recital 3
Recital 3
(3) The balance between eEnhancing social and working conditions for drivers and facilitating the exercise of the freedom to provide road transport services based on fair competition between national and foreign operators is crucial forshould go hand in hand in order to ensure the smooth functioning of the internal market and improve the working and living conditions for drivers in the road transport sector in the Union.
Amendment 42 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) and points (a) and (b) of Article153(1) in conjunction with Article 153(2) thereof,
Amendment 46 #
Proposal for a directive
Recital 6
Recital 6
(6) The administrative cooperation between Member States and Union support with regard to the implementation of the social rules in road transport has proven insufficient, making cross-border enforcement more difficult, inefficient and inconsistent. It is therefore necessary to establish a framework for effective communication and mutual assistance, including exchange of data on infringements and information on good practices in enforcement.
Amendment 49 #
Proposal for a directive
Recital 9
Recital 9
(9) Difficulties have also been experienced in applyenforcing the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council15 and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council16 tofor workers in the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated high administrative burdens for non-resident Union operators. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on jobsose difficulties need to be remedied urgently by ensuring that every worker enjoys the rights related to minimum protection at the workplace regardless of the duration of his/her work. __________________ 15 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.97, p.1) 16 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
Amendment 49 #
Proposal for a directive
Recital 1
Recital 1
(1) In order to create a safe, efficient and socially responsible road transport sector it is necessaryof utmost importance to ensure adequatecent working conditions and social protection for drivers, on the one hand, and suitable business and fair competition conditions for operators, on the other and fair competition as well as a level playing field in the Union.
Amendment 54 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The President of the Commission, Jean-Claude Juncker, mentioned the foreseeable creation of a European Labour Authority in his State of the Union 2017 speech.
Amendment 56 #
Proposal for a directive
Recital 10
Recital 10
(10) The Commission, in its proposal of 8 March 201617 for the revision of Directive 96/71/EC, recognized that the implementation of that Directive raises particular legal questions and difficulties in the highly mobile road transport sector and indicated that those issues should be best addressed through sector-specific road transport legislation. __________________ 17During the ongoing revision of Directive 96/71/EC, the best way to address the particular legal questions and difficulties in the highly mobile road transport sector remains to be answered by the co-legislators. The aim of sector- specific road transport legislation should therefore be to ensure the protection of the workers concerned while safeguarding implementation feasibility. COM(2016)128
Amendment 57 #
Proposal for a directive
Recital 2
Recital 2
(2) The inherent high mobility of road transport services requires particular attention in assuring that drivers benefit from the rights to which they are entitled, and that operators are not faced with disproportionate administrative barriers unduly restri fair level playing field is kept while respecting their freedom to provide cross-border services.
Amendment 60 #
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 operatorsfundamentally step up enforcement.
Amendment 61 #
Proposal for a directive
Recital 3
Recital 3
(3) The balance between eEnhancing social and working conditions for drivers and facilitating the exercise of the freedom to provide road transport services based on fair competition between national and foreign operators is crucial forshould go hand in hand in order to ensure the smooth functioning of the internal market and improve the working and living conditions for drivers in the road transport sector in the Union.
Amendment 65 #
Proposal for a directive
Recital 12
Recital 12
Amendment 77 #
Proposal for a directive
Recital 6
Recital 6
(6) The administrative cooperation between Member States and Union support with regard to the implementation of the social rules in road transport has proven insufficient, making cross-border enforcement more difficult, inefficient and inconsistent. It is therefore necessary to establish a framework for effective communication and mutual assistance, including exchange of data on infringements and information on good practices in enforcement.
Amendment 87 #
Proposal for a directive
Recital 9
Recital 9
(9) Difficulties have also been experienced in applyenforcing the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council15 and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council16 tofor workers in the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated high administrative burdens for non-resident Union operators. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on jobsse need urgently to be remedied by ensuring that every worker enjoys the rights related to minimum protection at the workplace regardless of the duration of their work. _________________ 15 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.97, p.1) 16 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
Amendment 94 #
Proposal for a directive
Recital 10
Recital 10
(10) The Commission, in its proposal of 8 March 201617 for the revision of Directive 96/71/EC, recognized that the implementation of that Directive raises particular legal questions and difficulties in the highly mobile road transport sector and indicated that those issues should be best addressed through sector-specific road transport legislation. _________________ 17During the ongoing revision of Directive 96/71/EC, the best way to address the particular legal questions and difficulties in the highly mobile road transport sector remain to be answered by the co-legislators. The aim of sector- specific road transport legislation should therefore be to ensure the protection of the workers concerned while safeguarding implementation feasibility. COM(2016)128
Amendment 95 #
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, specificstrong and clear administrative and control requirements in line with Directive 2014/67/EC should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph.
Amendment 99 #
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 operatorsfundamentally step up enforcement.
Amendment 106 #
Proposal for a directive
Recital 12
Recital 12
Amendment 144 #
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, specificstrong and clear administrative and control requirements in line with Directive 2014/67/EC should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph.
Amendment 149 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 161 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 220 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 226 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 245 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. Member States may only impose the following administrative requirements and controlshall take appropriate measures in the event of an infringement of this Directive. They shall, in particular, ensure that adequate procedures are available to workers and their representatives for the enforcement of obligations under this Directive. For those purposes Member States may in particular impose the following measures:
Amendment 247 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 257 #
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 posting 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 onlyall the following informationrelevant information necessary in order to allow factual controls at the workplace, including:
Amendment 260 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Directive 96/71/EC
Article 2
Article 2
Amendment 302 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 316 #
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 payslips for last two months; 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; time-sheets or other proof of the beginning, end and duration of the daily working time and proof of payment of wages or copies of equivalent documents during the period of posting in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 322 #
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e),this Article at the request of the authorities of the host Member State within a reasonable period of timetwo weeks of the end of the posting;
Amendment 328 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. To render controls more effective, Member States shall ensure that transport operators use smart tachographs as referred to in Article 8 of Regulation (EU) No 165/2014 in vehicles which are used for international carriage operations and cabotage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009 as well as for road leg of combined transport as defined in Directive 1992/106/EC.
Amendment 330 #
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2b. The provisions of Directive 96/71/EC as amended by ... [2016/0070 (COD)] as well as the enforcement Directive 2014/67/EU shall apply to transport undertakings performing cabotage operations, as well as to the incoming or outgoing carriage of goods by road as one leg of a combined transport journey, as laid down in Council Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States. The provisions of these Directives shall also apply to international transport as long as the posting conditions specified in Article 1.3 of Directive 96/71/EC as amended by ... [2016/0070 (COD)] are met.
Amendment 332 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
Amendment 336 #
Proposal for a directive
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
4b. A Union list of road hauliers that do not meet the relevant legal requirements shall be made public in order to ensure the greatest transparency. This Union list shall be based on common criteria developed at Union level and reviewed annually by the European Labour Authority. Road Hauliers listed on the Union list shall be subject to an operating ban. The operating prohibitions on the Union list shall apply throughout the territory of the Member States. In exceptional cases, Member States shall be allowed to take unilateral measures. In an emergency, and when faced with an unforeseen security problem, Member States shall have the possibility of immediately issuing an operating ban for their own territory.
Amendment 347 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 365 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 a (new)
Article 4 – paragraph 1 – subparagraph 2 a (new)
Until the date referred to in the second subparagraph, Directives 2003/88/EC, 96/71/EC and 2014/67/EC shall remain applicable in their entirety.
Amendment 366 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Directive 96/71/EC
Article 2
Article 2
Amendment 398 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
Directive 96/71/EC
Article 2
Article 2
4. Member States may only impose the following administrative requirements and controlshall take appropriate measures in the event of an infringement of this Directive. They shall, in particular, ensure that adequate procedures are available to workers and their representatives for the enforcement of obligations under this Directive. For those purposes Member States may in particular impose the following measures:
Amendment 413 #
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, in an official language of the host Member State or in English, containing onlyall the followingrelevant information necessary in order to allow factual controls at the workplace, including :
Amendment 426 #
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 at least by its intra-Community tax identification number;
Amendment 468 #
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 availableroad transport operator to ensure that the driver has at his disposal, where requested at the roadside control, in paper or electronic form, a copy of the posting 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 485 #
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 availableroad transport operator to ensure that the driver has at his disposal, where requested at the roadside control, 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;
Amendment 502 #
(d) an obligation for the driver to keep and make availableroad transport operator to ensure that the driver has at his disposal, where requested at the roadside control, in paper or electronic form, a copy of the employment contract or 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 State 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, 18.10.1991, p. 32)
Amendment 503 #
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 availableroad transport operator to ensure that the driver has at his disposal, where requested at the roadside control, in paper or electronic form, a copy of the employment contract or 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 State 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, 18.10.1991, p. 32)
Amendment 516 #
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 payslips for last two months; 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; time-sheets or other proof of the beginning, end and duration of the daily working time and proof of payment of wages or copies of equivalent documents during the period of posting in an accessible and clearly identified place in its territory, such as the workplace or the building site, or for mobile workers in the transport sector the operations base or the vehicle with which the service is provided;
Amendment 532 #
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e),this Article at the request of the authorities of the host Member State within a reasonable period of timetwo weeks of the end of the posting;
Amendment 543 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. In order to ensure that all EU rules on mobile workers are implemented in a fair, simple and effective way, a European Labour Authority shall be responsible for inspecting and enforcing the rules. It shall provide operational and legal support to Member States, social partners and workers to enforce social legislation and undertake European wide inspections. The European Labour Authority shall be responsible for the monitoring and access to data contained in the national electronic registers.
Amendment 548 #
Proposal for a directive
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
4b. A Community list of road hauliers that do not meet the relevant legal requirements shall be made public in order to ensure the greatest transparency. This Community list shall be based on common criteria developed at Community level and reviewed annually by the European Labour Authority. Road hauliers listed on the Community list shall be subject to an operating ban. The operating prohibitions on the Community list shall apply throughout the territory of the Member States. In exceptional cases, Member States shall be allowed to take unilateral measures. In an emergency, and when faced with an unforeseen security problem, Member States shall have the possibility of immediately issuing an operating ban for their own territory.
Amendment 593 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Directive 96/71/EC
Article 2
Article 2
1a. Until the date referred to in the second subparagraph, Directives 2003/88/EC, 96/71/EC and2014/67/EC shall remain applicable in their entirety.