Activities of Karima DELLI 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 (73)
Amendment 25 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Whereas the President of the European Commission Jean-Claude Juncker mentioned the foreseeable creation of a European Labour Authority in his State of the Union 2017 speech;
Amendment 34 #
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, 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 clarify the scope of that Regulation and avoid loopholes, to ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes 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 mandatory.
Amendment 39 #
Proposal for a regulation
Recital 3
Recital 3
(3) Currently, Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. This possibility hais not proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolishedecessary to provide for a level playing field and common standards across Member States.
Amendment 41 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The President of the European Commission Jean-Claude Juncker mentioned the foreseeable creation of a European Labour Authority in his State of the Union 2017 speech;
Amendment 49 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment. To that end, the relevant provisions in this Regulation should be aligned with those in other legislative acts that refer to an effective and stable establishment, such as Article 4 of Directive 2014/67/EC.
Amendment 51 #
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, 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 clarify the scope of that regulation and avoid loopholes, to ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes 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 mandatory.
Amendment 57 #
Proposal for a regulation
Recital 3
Recital 3
(3) Currently, Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. This possibility hais not proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolishedecessary to provide for a level playing field and common standards across Member States.
Amendment 60 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment. To that end, the relevant provisions in this Regulation should be aligned with those in other legislative acts that refer to an effective and stable establishment, such as Article 4 of Directive 2014/67/EC.
Amendment 62 #
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 cabotage, and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 64 #
Proposal for a regulation
Recital 8
Recital 8
(8) Given the importance of fair competition in the market, infringements of Union rules relevant to this issue and to the workers concerned should be taken into account in the assessment of the good repute of transport managers and transport undertakings. The empowerment of the Commission to define the degree of seriousness of relevant infringements should be clarified accordingly.
Amendment 66 #
Proposal for a regulation
Recital 10
Recital 10
(10) 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 with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit.
Amendment 69 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Besides, in order to ensure the existence of the link between the country of establishment and the transport operations, a minimal number of transport operations should be effectuated by vehicle fleet used by the haulier for transport operations in the haulier's Member State of establishment.
Amendment 81 #
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far and should support fair competition.
Amendment 82 #
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 cabotage, and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 85 #
Proposal for a regulation
Recital 8
Recital 8
(8) Given the importance of fair competition in the market, infringements of Union rules relevant to this issue and to the workers concerned should be taken into account in the assessment of the good repute of transport managers and transport undertakings. The empowerment of the Commission to define the degree of seriousness of relevant infringements should be clarified accordingly.
Amendment 88 #
Proposal for a regulation
Recital 10
Recital 10
(10) 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 with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit.
Amendment 89 #
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks, to improve the level playing field and to eliminate uncertainty and unfair competition, 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 strongly reduced.
Amendment 100 #
Proposal for a regulation
Recital 16
Recital 16
(16) Transport undertakings are the addressees of the rules on international carriage and are, as such, subject to the consequences of any infringements committed by them. However, in order to prevent abuses by undertakings contracting transport services from road haulage operators, Member States should also provide for sanctions on shippers and freight forwarders in casas well as other contractors where they knowingly commission transport services which involve infringements of the provisions of Regulation (EC) No 1072/2009.
Amendment 113 #
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far and should support fair competition.
Amendment 114 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 1071/2009
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 121 #
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks, to improve the level playing field and to eliminate uncertainty and unfair competition, 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 strongly reduced.
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 1071/2009
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 127 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1071/2009
Article 5 – point a
Article 5 – point a
(a) have premises in which it keeps its core business documents, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation; Member States may require that hauliers established on their territory also have other documents available at their premises at any time;
Amendment 131 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Regulation (EC) No 1071/2009
Article 5 – point a a (new)
Article 5 – point a a (new)
(aa) conduct a substantial part of their transport operations using the vehicles referred to in point (b) in the Member State of establishment;
Amendment 138 #
Proposal for a regulation
Recital 16
Recital 16
(16) Transport undertakings are the addressees of the rules on international carriage and are, as such, subject to the consequences of any infringements committed by them. However, in order to prevent abuses by undertakings contracting transport services from road haulage operators, Member States should also provide for sanctions on shippers and freight forwarders in casas well as other contractors where they knowingly commission transport services which involve infringements of the provisions of Regulation (EC) No 1072/2009.
Amendment 142 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d a (new)
Article 1 – paragraph 1 – point 3 – point d a (new)
(da) the following point (f) is added: (f) have an operating centre situated in that Member State with the necessary equipment, and in particular a sufficient number of vehicle parking places for regular use by the vehicles referred to in point (b).
Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Regulation (EC) No 1071/2009
Article 6 – paragraph 1 – subparagraph 3 – point xi a (new)
Article 6 – paragraph 1 – subparagraph 3 – point xi a (new)
(xia) cabotage
Amendment 156 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) No 1071/2009
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
For the purposes of point (b) of the third subparagraph of paragraph 1,where the transport manager or the transport undertaking has been convicted of a serious criminal offence or has incurred a penalty for one of the most serious infringements of Union rules as set out in Annex IV, in one or more Member States, the competent authority of the Member State of establishment shall carry out and complete in an appropriate and timely manner an administrative procedure, which shall include, if appropriate, an on-site inspection at the premises of the undertaking concerned.
Amendment 159 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) no1071/2009
Article 1– paragraph 6
Article 1– paragraph 6
Amendment 164 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 1071/2009
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basiat all times, 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,: (a) 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 used; and (b) two months’ worth of salary per employed mobile worker, at the level of the Member State where, or from where, it habitually carries out its activities. 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 169 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1071/2009
Article 12 – paragraph 2
Article 12 – paragraph 2
(8) iIn Article 12(2), the second subparagraph is deleted; , paragraph 2 is replaced by the following: "Member States shall carry out checks at least every 3 years to verify that undertakings fulfil the requirements laid down in Article 3."
Amendment 170 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Regulation (EC) No 1071/2009
Article 12
Article 12
(8a) Member States shall carry out checks at least every 3 years to verify that undertakings fulfil the requirements laid down in Article 3.
Amendment 173 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point -a (new)
Article 1 – paragraph 1 – point 11 – point -a (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
(-a) The following paragraph is inserted: "1a. For the purposes of increasing the effectiveness of the cross-border enforcement and of targeted checks, the data contained in the national electronic registers shall be accessible in real time to all competent inspecting authorities from all Member States. The European Labour Authority shall be responsible for the monitoring and access to data contained in the national electronic registers.
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 - paragraph 2 – point g a (new)
Article 16 - paragraph 2 – point g a (new)
(ga) the following data about each employee, including mobile personnel: the name, nationality, Member State of residence, the Member State where the employment contract was registered, the Member State where social security contributions are made and the social or national insurance number;
Amendment 177 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009/EC
Article 16 – paragraph 2 – point g b (new)
Article 16 – paragraph 2 – point g b (new)
(gb) the total assets, liabilities, equity and turnover during the previous two years;
Amendment 178 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point g c (new)
Article 16 – paragraph 2 – point g c (new)
(gc) the risk rating of the undertaking pursuant to Article 9 of Directive 2006/22/EC;
Amendment 179 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) no1071/2009
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 181 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h a (new)
Article 16 – paragraph 2 – point h a (new)
(ha) the following data about each employee, including mobile personnel: the name, nationality, Member State of residence, the Member State where the employment contract was registered, the Member State where social security contributions are made and the social or national insurance number;
Amendment 182 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) no1071/2009
Article 5 – point a
Article 5 – point a
(a) have premises in which it keeps its core business documents, accessible both electronically and in hardcopy in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation; Member States may require that hauliers established on their territory also have other documents available at their premises at any time;
Amendment 192 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a (new)
Article 1 – paragraph 1 – point 3 – point a (new)
Regulation (EC) no1071/2009
Article 5 point a a (new)
Article 5 point a a (new)
(a a) the following point (a a) is added: (aa) conduct a substantial part of their transport operations using the vehicles referred to in point (b) in the Member State of establishment;
Amendment 195 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
(11a) In order to ensure that all EU rules for 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 as well as workers to enforce social legislation and undertake European-wide inspections.
Amendment 201 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Regulation 1071/2009/EC
Article 5 – point d
Article 5 – point d
(d) manage the transport operations carried out with the vehicles referred to in point (b) as well as the routine maintenance of the vehicles of the fleet with the appropriate technical equiment situated in that Member State;;
Amendment 202 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
9a. 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 208 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1072/2009
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
In Article 1, the following paragraph is added: (1a) ‘This Regulation shall also apply to 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.’
Amendment 213 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d a (new)
Article 1 – paragraph 1 – point 3 – point d a (new)
Regulation (EC) no1071/2009
Article 5 – point d a (new)
Article 5 – point d a (new)
(d a) have an operating centre situated in that Member State with necessary equipment, and in particular a sufficient number of vehicles parking places for regular use by the vehicles referred to in point (b).
Amendment 214 #
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 – point 6
Article 2 – point 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 points, as specified in the consignment note;
Amendment 214 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EC) no1071/2009
Article 5 point d b (new)
Article 5 point d b (new)
(3 a) (d b ) organise its business activity in order that each vehicle used in the framework of transport international operations, completes at least within a period of 2 weeks, one commercial operation of loading or unloading in the concerned haulier's Member State of establishment.
Amendment 221 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (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, with 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 5 day24 hours from the last unloading in the host Member State in the course of the incoming international carriage.; Road transport undertakings shall not be allowed to carry out cabotage operations with the same vehicle, or, in the case of a coupled combination, with the motor vehicle of that same vehicle, in the host Member State within seven days from the end of the 24-hour period referred to in the first subparagraph.
Amendment 229 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Regulation (EC) no1071/2009
Article 6 – paragraph 1 – subparagraph 3 – point xi (a)
Article 6 – paragraph 1 – subparagraph 3 – point xi (a)
(xi a) cabotage
Amendment 237 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – 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 only if the haulier can produce clear evidence of the preceding international carriage. to or from his or her Member State of establishment and if the value of the transport contract for the preceding international carriage is not obviously lower than the combined value of the transport contracts for the cabotage operations.
Amendment 238 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EC) no1071/2009
article 6 – paragraph 2 – subparagraph 1
article 6 – paragraph 2 – subparagraph 1
For the purposes of point (b) of the third subparagraph of paragraph 1,where the transport manager or the transport undertaking has been convicted of a serious criminal offence or has incurred a penalty for one of the most serious infringements of Union rules as set out in Annex IV, in one or more Member States, the competent authority of the Member State of establishment shall carry out and complete in an appropriate and timely manner an administrative procedure, which shall include, if appropriate, an on-site inspection at the premises of the undertaking concerned.
Amendment 240 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b a (new)
Article 2 – paragraph 1 – point 5 – point b a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
(ba) The following paragraph is inserted: "3a. In order to prove that the conditions laid down in this Article have been met, the competent authorities of the Member State hosting the cabotage operation shall verify: (a) the tachograph data of the current day and that of the previous 56 days; (b) the electronic consignment notes of the current day and of the previous 56 days; (c) the notification referred to in paragraph 1. "
Amendment 243 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Regulation (EC) No 1072/2009
Article 8 – paragraph 4 a
Article 8 – paragraph 4 a
Evidence referred to in paragraph 3 shall be kept on board the vehicle and shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as the eCMR.* 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 the evidence referred to in paragraph 3.
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c a (new)
Article 2 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 4 b (new)
Article 8 – paragraph 4 b (new)
(ca) The following paragraph shall be inserted: "4b. In order to monitor effectively compliance with this Regulation, road transport undertakings shall notify in writing by way of a declaration, to the relevant national competent authorities of the Member State hosting the cabotage activity, at the latest at the commencement of the cabotage operation and in (one of) the official language(s) of the host Member State, or in (an)other language(s) accepted by the host Member State, relevant information necessary in order to allow effective control of cabotage operations, including at least the following: (a) the identity of the consignor; (b) the estimated duration of the cabotage operation; (c) the following data about each driver: name, Member State of residence, the Member State in which the employment contract is registered, the Member State in which social security contributions are paid, the social or national insurance number.
Amendment 246 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) no1071/2009
Article 7 – Paragraph 1 – subparagraph 1
Article 7 – Paragraph 1 – subparagraph 1
In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basiat all times, 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,; (a) 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 used; and (b) two months’ worth of salary per employed mobile worker, at the level of the Member State where, or from where, it habitually carries out its activities. 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 258 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation (EC) No 1072/2009
Article 10 a – paragraph 1
Article 10 a – paragraph 1
1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 28 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 310 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.
Amendment 262 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EC) No 1071/2009
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
(5a) However, for those responsible for road haulage undertakings using only road vehicles or combinations of vehicles with a permissible laden mass not exceeding 3,5 tonnes, the minimum level of knowledge as set out in Annex I cannot be lower than level 4 of the structure of the levels of training provided for in the Annex to Decision 85/368 / EEC, the knowledge provided for in point 5 of C of the Section I of this Annex is not required.
Amendment 265 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) no1071/2009
Article 12
Article 12
(8) iIn Article 12(2), the second subparagraph is deleted;, paragraph 2 is replaced by the following: "Member States shall carry out checks at least every 3 years to verify that undertakings fulfil the requirements laid down in Article 3."
Amendment 271 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point -a (new)
Article 1 – paragraph 1 – point 11 – point -a (new)
Regulation (EC) no1071/2009
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
(-a) The following paragraph is inserted: "1a. For the purposes of increasing the effectiveness of the cross-border enforcement and of targeted checks, the data contained in the national electronic registers shall be accessible in real time to all competent inspecting authorities from all Member States. The European Labour Authority shall be responsible for the monitoring and access to data contained in the national electronic registers.
Amendment 275 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) no1071/2009
Article 16 – paragraph 2 – point g b (new)
Article 16 – paragraph 2 – point g b (new)
(gb) the total assets, liabilities, equity and turnover during the previous two years;
Amendment 280 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) no1071/2009
Article 16 – paragraph 2 point h a (new)
Article 16 – paragraph 2 point h a (new)
(ha) the following data about each employee, including mobile personnel: the name, nationality, Member State of residence, the Member State where the employment contract was registered, the Member State where social security contributions are made and the social or national insurance number;
Amendment 294 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
(aa) In order to ensure that all EU rules for 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 as well as workers to enforce social legislation and undertake European wide inspections.
Amendment 327 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Regulation (EC) No 1071/2009
Article 18 a (new)
Article 18 a (new)
(12a) 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 340 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
Regulation 1072/2009
Article 1 – paragraph 1 – subparagraph 1 a
Article 1 – paragraph 1 – subparagraph 1 a
The carriage of empty containers or pallets shall be considered as carriage of goods for hire or reward whenever it is subject to a transport contract.; It is not considered as international transport for-hire for purposes of Chapter III.
Amendment 347 #
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 1 a (new)
article 1 paragraph 1 a (new)
(1a) This Regulation shall also apply to 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.
Amendment 355 #
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 points, as specified in the consignment note;;
Amendment 379 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation 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, with the motor vehicle of that same vehicle, cabotage2 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 5 days from the last unloading in the host Member State in the course of the incoming international carriage.; within 24 hours from the last unloading in the host Member State in the course of the incoming international carriage. Road transport undertakings shall not be allowed to carry out cabotage operations with the same vehicle, or, in the case of a coupled combination, with the motor vehicle of that same vehicle, in the host Member State within 3 weeks from the end of the 24-hour period referred to in the first subparagraph.
Amendment 407 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation 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 only if the haulier can produce clear evidence of the preceding international carriage to or from his or her Member State of establishment and if the value of the transport contract for the preceding international carriage is not obviously lower than the combined value of the transport contracts for the cabotage operations.;
Amendment 417 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Regulation 1072/2009
Article 8 – paragraph 4a
Article 8 – paragraph 4a
Evidence referred to in paragraph 3 shall be kept on board of the vehicle and shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as the eCMR.* 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 theadditional evidence referred to in paragraph 3.
Amendment 423 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c – point 1 (new)
Article 2 – paragraph 1 – point 5 – point c – point 1 (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 4 b (new)
Article 8 – paragraph 4 b (new)
1) (ca) the following paragraph shall be inserted: To prove that the conditions laid down in this Article have been met, the competent authorities of the Member State hosting the cabotage operation shall verify: a) the tachograph data of the current day and that of the past 56 days; b) the electronic consignment notes of the current day and of the past 56 days; c) the notification referred to in paragraph 5 a (new).
Amendment 424 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c a (new)
Article 2 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
(ca) The following paragraph shall be inserted: 5a. In order to monitor effectively compliance with this Regulation, road transport undertakings shall notify in writing by way of a declaration, to the relevant national competent authorities of the Member State hosting the cabotage activity, at the latest at the commencement of the cabotage operation and in (one of) the official language(s) of the host Member State, or in (an)other language(s) accepted by the host Member State, relevant information necessary in order to allow effective control of cabotage operations, including at least the following: (a) the identity of the consignor; (b) the estimated duration of the cabotage operation; (c) the following data about each driver: name, Member State of residence, the Member State in which the employment contract is registered, the Member State in which social security contributions are paid, the social or national insurance number.
Amendment 427 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
Regulation (EC) No 1072/2009
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
(5a) Vehicles used to carry out cabotage operations shall carry all the consignment letters corresponding to each operation, in hardcopy or in digital format. The driver shall immediately communicate to the control agent of the host Member State the consignment letters corresponding to his entire activity during the 60 days preceding the day of the check.
Amendment 433 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Regulation 1072/2009
Article 10a – paragraph 1
Article 10a – paragraph 1
1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 28 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 310 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.