2007/0098(COD) | [ParlTrack]

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2007/0098(COD) Road transport: conditions to be complied with to pursue the occupation of road transport operator

Role	Committee	Rapporteur
Opinion	EMPL
Lead	TRAN	ȚICĂU Silvia-Adriana (PSE)
Lead	TRAN	ȚICĂU Silvia-Adriana (PSE)

Lead committee dossier: TRAN/6/71864
Legal Basis EC Treaty (after Amsterdam) EC 071

Subjects

Links

Activites

2009/11/14 Final act published in Official Journal
- Regulation 2009/1071
- OJ L 300 14.11.2009, p. 0051
2009/10/21 Final act signed
2009/10/21 End of procedure in Parliament
#2963
2009/09/24 Council Meeting
2009/04/23 Decision by Parliament, 2nd reading
- T6-0276/2009 summary
  
  The European Parliament adopted a legislative resolution modifying, under the second reading of the codecision procedure, the Council common position for adopting a regulation of the European Parliament and of the Council on establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC.The amendments were the result of a compromise negotiated with the Council.The main amendments are as follows;Derogations: Parliament deleted the words “free of charge” from the derogations for certain kinds of undertaking engaged in non-commercial services.Requirement as to establishment: undertakings must have an establishment situated in that Member State with premises in which it keeps its core business. They must conduct effectively and continuously with the necessary administrative equipment its operations concerning vehicles and with the appropriate technical equipment and facilities at an operating centre situated in that Member State.Requirement as to good repute: this must include no convictions or penalties for trafficking in human beings or drugs.Requirement as to financial standing: the value of the euro in non-euro Member States must be fixed every year, rather than every 5 years. Financial standing may be demonstrated by means by means of a certificate such as a bank guarantee or insurance. Parliament deleted the derogation that stipulated that Member States may decide that the guarantee may be called in with the agreement of the competent authority which authorised the pursuit of the occupation of road transport operator.Requirement as to professional competence: the persons concerned shall sit the examination in the Member State in which they have their normal residence or the Member State in which they work. Normal residence shall mean the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal ties which show close links between that person and the place where he is living.However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being in the place of his personal ties, provided that such person returns there regularly. This last condition shall not be required where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.Parliament adds that Member States may promote periodic training on the subjects listed in Annex I at 10-year intervals to ensure that transport managers are aware of developments in the sector.Lastly, Member States may require that persons who possess a certificate of professional competence but who have not managed a road haulage undertaking or a rod passenger transport undertaking in the last 5 years, shall undertake a retraining in order to update their knowledge regarding the current developments of the legislation referred to in Annex I.Exemption from examination: this applies to persons who have continually managed an undertaking for 10 years (rather than 15).Registers: Members state that by 31 December 2009, the Commission shall adopt a Decision (rather than issue guidelines) on minimum requirements for the data to be entered in the national electronic register from the date of its setting in order to facilitate the future interconnection of registers. It may recommend the inclusion of the vehicle registration marks in addition to the data referred to in the text. Certain data contained in the national electronic register should be made publicly accessible, insofar as the relevant provisions on data protection are complied with.Protection of data: undertakings must comply, where applicable, with the respective provisions.
2009/04/22 Debate in Parliament
- Debate in Parliament
2009/04/02 Committee recommendation tabled for plenary, 2nd reading
- A6-0210/2009
2009/03/31 Vote in committee, 2nd reading
2009/01/15 Committee referral announced in Parliament, 2nd reading
2009/01/09 Council position published
- 11783/1/2008 summary
  
  The Council’s common position, adopted by qualified majority, has taken full account of the proposal of the Commission and the European Parliament's opinion at first reading. With respect to the amendments proposed by the European Parliament, the Council observes that a considerable number of amendments have - in spirit, partially or fully - already been included in its common position.The key policy issues are as follows:Subject matter, scope and definitions: the Council followed largely the Commission proposal to clarify and streamline legal provisions. However, the Council specified that this Regulation shall not apply to road passenger transport services exclusively for non-commercial purposes or free of charge as well as to undertakings engaged in the occupation of road transport operator solely by means of motor vehicles which cannot exceed 40 km/h. The latter exemption was also proposed by the European Parliament. Furthermore, the common position foresees that Member States may exempt from the application of this Regulation road transport operators engaged exclusively in national transport operations having only a minor impact on the transport market because of the nature of the goods carried or the short distance involved.The European Parliament followed largely the Commission proposal.Transport manager: the common position clarifies the differences between an "internal" and an "external" transport manager, notably in establishing different requirements to become a transport manage such as being a resident in the Community. The European Parliament also followed closely the Commission proposal. However, like the Council, it clarified the genuine link between transport undertaking and (internal) transport manager. As regards the external transport manager the European Parliament proposed that the national competent authority shall decide on the maximum number of vehicles to be managed by the transport manager.Conditions relating to the requirement as to establishment: the Commission proposal lays down common rules to ensure that only companies that are genuinely and stably established can be authorised to engage in the occupation of a transport manager. Companies are genuinely and stably established if they have an office, registered vehicles and an operating centre. The Council followed the Commission proposal, except for the requirement to have a sufficient number of vehicle parking places for regular use by its vehicles, which was deleted.The European Parliament followed largely the Commission's approach.Conditions relating to the requirement as to good repute: the Council deleted the reference to repeated minor infringements and added animal transport as one of the requirements which a transport manager or an undertaking has to respect. Furthermore, the Council clarifies the procedure consecutive to the most serious infringements as set out in Annex III, for which the Council deleted the possibility to be adapted by the comitology procedure. The European Parliament followed largely the Commission proposal. However, like the Council, the European Parliament deleted the reference to repeated minor infringements. New indicators for measuring a company's financial standing: the Council deleted the reference to the "quick ratio" (proposed by the Commission), but in return gave the operator the possibility to demonstrate its financial standing by means of a certificate such as a professional liability insurance from one or more banks or other financial institutions including insurance companies. The European Parliament also decided to delete the reference to the "quick ratio" and to allow that an insurance can be considered as proof for the company's financial standing. Conditions relating to the requirement as to professional competence: the Council deleted the provision related to compulsory training prior to becoming a transport manager. Furthermore, the Council's common position foresees that Member States may exempt the holders of certain higher education or technical education qualifications, issued in that Member State, from certain parts of the examination as well as holders of certificates of professional competence valid for national transport operations in that Member State. Finally, the Council introduced the possibility for Member States to exempt from the examination persons who have been continuously managing a road haulage undertaking or a road passenger transport undertaking in a Member State for the last 15 years. The European Parliament also decided to delete the provision on compulsory training, but in return provided Member States with the possibility to promote regular training for transport managers. Authorisation and monitoring: the Council decided to introduce some provisions in order to streamline and simplify the governing principles. Member States may issue different authorisations for undertakings only performing national transport services. Member States may shorten the delay within which the undertaking has to inform about changes concerning the data used for the application of the authorisation. Furthermore, Member States have the possibility to extend the time limit for the examination of the application of an authorisation. Until 31 December 2012, the competent authority shall verify, in the case of any doubt, that the transport manager is not declared, in one of the Member States, unfit to manage the transport activity of an undertaking, whereas from 1 January 2013 the competent authority shall do this by accessing the national electronic registers. The common position also integrates the approach to adapt the periodicity of checks of undertakings to technical progress. Before 2015, Member States are obliged to carry out checks at least every five years, whereas from 2015 onwards checks will be preformed according to a risk classification system.National electronic register: the Council agreed in principle with the Commission proposal in establishing national electronic registers. However, some additional provisions were introduced. Until 1 June 2009, the Commission has to issue guidelines on the structure of the register. Member States need to establish their national register 24 months after the date of entry into force of the Regulation, i.e. 20 days after its publication. The national registers have to be interconnected until 31 December 2012. Member States have to include serious infringements into the national register only from 2016 onwards. Furthermore, all stipulated time limits can be modified and (if necessary) postponed by the comitology procedure. While the Parliament requests the inclusion of the vehicle registration mark of vehicles operating outside the Member State of establishment in the register, the Council common position foresees that the Commission may make, in 2009, a recommendation on the inclusion of the vehicle registration marks. Further amendments not included in the common position concern the:reference to secure data supports as a condition relating to the requirement for the establishment;obligation that Member States inform the Commission about the certificates they recognise as proof of professional competence;reference to archiving of data and data protection as Community rules whose non-respect could put into question the good repute of a transport manager;reference to an interdiction to transfer the certificate on the professional competence to legal persons;shortening of the time limits for an undertaking to replace a transport manager; deletion of the possibility to postpone via the regulatory procedure with scrutiny the interconnection of the national registers;shortening of the time limits for an undertaking to demonstrate that it has an effective and stable establishment;demand for a study on the possible inclusion of taxis into the scope of the Regulation;proposed date of 1 June 2009 for the application of the Regulation.
#2877
2008/06/12 Council Meeting
2008/05/21 Results of vote in Parliament
- Results of vote in Parliament
- T6-0217/2008 summary
  
  The European Parliament adopted, by 614 votes to 28 with 45 abstentions, a legislative resolution amending the proposal for a Regulation of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator. The report had been tabled for consideration in plenary by Silvia-Adriana TICÃU (PES, RO) on behalf of the Committee on Transport and Tourism.The main amendments - adopted in first reading of the codecision procedure - are as follows: Scope: the Regulation shall apply to all undertakings established in the Community which are engaged in the occupation of road transport operator. It shall also apply to undertakings which intend to engage in the occupation of road transport operator and references to undertakings engaged in the occupation of road transport operator shall, as appropriate, be considered to include a reference to undertakings intending to engage in such operations.The Regulation will not apply to undertakings engaged in the occupation of road transport operator solely by means of motor vehicles with a maximum authorised speed not exceeding 40 km/h.Transport manager: according to the Commission's proposal, the transport manager should be employed and remunerated by the undertaking. MEPs believe that the transport manager should have a genuine link to the undertaking, i.e. be an employee, partner, director, shareholder or have a similar contractual relationship with the undertaking, or manage it, or, if the undertaking is a natural person, be that same person, or, if the undertaking is a partnership, be entitled to legally represent and make binding decisions on behalf of the partnership. Furthermore, the transport manager must be a resident in a Member State. The competent authority may decide on the maximum number of vehicles to be managed by the transport manager, which will not be higher than 50 for each transport manager. Parliament deleted the clause in the Commission's proposal stating that the transport manager shall lose his or her good repute within the meaning of the Regulation if serious infringements or repeated infringements above a certain threshold among the infringements referred to in the text are committed in the context of the transport activities which he or she manages. Establishment requirement: the undertaking have an establishment, situated in that Member State with premises in which it keeps its business documents in line with the periods of time laid down by law and in particular all its accounting documents, personnel management documents and any other document on secure data supports , to which the authority competent to authorise the pursuit of the occupation must have access in order to verify compliance with the conditions provided for in the Regulation while complying with all relevant standards for the protection of personal data. It must be able to prove on request where in the Member State of establishment the vehicles are parked when they are not in use.Good repute: Member States shall determine the conditions which an undertaking and a transport manager must meet in order for either to satisfy the requirement regarding good repute. MEPs list these conditions, which must include at least the following requirements:there are no compelling grounds for doubting the good repute of the transport undertaking, its transport managers or any relevant person, such as conviction or penalties for any serious infringement of national rules in force in the field of: (i) commercial law; (ii) insolvency law; (iii) the pay and employment conditions in the profession; (iv) road traffic; (v) professional liability; and (vi) human or drugs trafficking. Serious infringement: Parliament inserted a list of serious infringements in Annex IIa. The transport manager or the transport undertaking must not have incurred convictions in one or more of the Member States for serious infringements of Community rules. A conviction or penalties incurred by the transport manager or the transport undertaking in one or more of the Member States for the most serious infringements of Community rules, set out in the new Annex IIa, shall lead to the loss of good repute after a duly completed administrative procedure and, if appropriate, after a check at the premises of the undertaking unless the competent authority, under exceptional and for duly justified reasons, establishes that this constitutes a disproportionate response. In such a case, the exceptional and duly justified reasons shall be recorded in the national register and indicated in the report referred to in the Regulation. The measures relating to the adaptation of Annex IIa to take account of the development of the Community acquis in the field of road transport shall be adopted in accordance with the regulatory procedure with scrutiny. The Commission shall adopt, not later than 1 January 2010 a list of categories, types and degrees of seriousness of infringements which may lead to the loss of good repute. Member States shall take into account information on those infringements, including information received from other Member States, when setting the priorities for checks. The measures designed to amend this list shall be adopted in accordance with the regulatory procedure with scrutiny. To this end and not later than 1 January 2010, the Commission shall (i) lay down the categories and types of infringement which are most frequently encountered; ii) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries; and (iii) provide the frequency of occurrence beyond which repeated infringements shall be regarded as more serious, by taking into account the number of drivers used for the transport activities managed by the transport manager.The requirement regarding financial standing: the undertaking must demonstrate, on the basis of annual accounts, that it has at its disposal each year capital and reserves totalling at least EUR 9 000 for a single vehicle used and EUR 5 000 for each additional vehicle used. Capital resources shall be demonstrated by means of a certified trading balance sheet or a balance sheet for tax purposes. Persons applying for access to the profession of road transport operator for the first time must submit a certified opening balance sheet. MEPs consider that insurance should also be allowed as proof of financial standing. However, the 'quick ratio' of assets to debts (80% or above) is not an indicator for a business's financial stability. Lastly, MEPs propose that the competent authority should determine the conditions under which the bank guarantee may be called in and released for the benefit of other creditors. The requirement regarding professional competence: the requirement regarding professional competence shall be established, by means of a compulsory written examination which, if a Member State so decides, may be supplemented by an oral examination. Member States shall accredit, in accordance with mutually compatible criteria defined by them, the bodies capable of offering applicants high-quality training. The persons concerned shall sit the examination in their Member State of residence. Member States may exempt from the examination persons who provide proof of at least 10 years' continuous practical experience in a transport undertaking at management level before publication of this Regulation. Lastly, Member States may promote training as described in Annex I and an examination, as described, for transport managers at 10 year intervals to ensure that managers are aware of developments in the sector. Transport managers with practical experience returning to the profession after a five-year period of absence shall undertake the retraining and updating that are necessary to prove their continuous professional competence and their knowledge regarding the current developments of the legislation applicable to this profession.Authorisation and monitoring: the competent authority shall be responsible for updating and maintaining the electronic register. From 1 January 2012 a competent authority shall verify in case of doubt , when assessing the good repute of an undertaking, that the transport manager(s) designated is not (are not) - at the time of the application - declared, in one of the Member States, unfit to manage the transport activity of an undertaking. The Commission shall adapt the periodicity of regular checks to technical progress, notably the national electronic registers. These measures shall be adopted in accordance with the regulatory procedure with scrutiny.National electronic registers: national electronic register should contain one public section and one confidential section. The confidential section of the electronic register shall be accessible to the authorities other than the competent authorities only if they are duly endowed with powers relating to supervision and the imposition of sanctions in the road transport sphere and whose officials are sworn. Not later than 1 January 2010, the Commission shall define, together with Member States the minimal structure of the data which have to be entered in the national electronic register.Member States may choose to keep the information concerning serious infringements, which have resulted in a sanction in the last two years, as well as the names of any persons declared to be unfit to manage the transport activity of an undertaking, in separate registers. In such a case, the relevant data shall be available upon request or directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within 10 working days after receiving the request.Data concerning an undertaking the authorisation of which has been suspended or withdrawn shall remain in the register for two years as from the expiry of the suspension or withdrawal of the licence and shall thereafter be immediately removed. Data concerning any person declared to be unfit for the occupation shall remain in the register as long as the good repute of this person is not re-established. After rehabilitation or equivalent measures have been taken, the data shall be immediately removed.Prior rights: MEPs deleted from the proposal Article 22 which dealt with priority rights for those states which joined the European Union before 1 January 1995Lastly, by 1 June 2009 the Commission shall report on the likely impact of extending the scope of this Regulation to include commercial transport with vehicles whose design and equipment are appropriate and which are intended to carry up to nine persons including the driver. The Commission shall if necessary take the relevant initiatives.
2008/05/20 Debate in Parliament
- Debate in Parliament
#2861
2008/04/07 Council Meeting
- 2861 summary
  
  The Council held a public policy debate on three legislative proposalsthat seek to modernise, replace and merge legislation governing road transport operators and access to the road transport markets (see COD/2007/0097 and COD/2007/0099).Ministers were invited to agree in principle to the outline of the presidency compromise package on the key elements of two of the three proposals.The Council broadly supported the presidency compromise as a good basis for further work on these proposals and invited Coreper to pursue examination of the outstanding issues with the objective of reaching a political agreement on all these proposals at the Transport, Telecommunications and Energy Council in June 2008. The presidency compromise focuses in particular on two main issues, cabotage and national electronic registers.Delegations shared in principle the objectives of the Commission's proposal on access to the profession of road transport operator. A majority of delegations supported the presidency compromise on this proposal, which includes the national electronic register issue in particular. The presidency proposed the following:Member States will have to establish a national register 18 months after entry into force of this Regulation;these registers will be interconnected by 31 December 2012;serious infringements will be included in the register from 1 January 2015.Other elements of the compromise concern the following elements in particular: subject matter and scope, the role of the transport manager, examination and registration of applications and checks.
2008/03/31 Committee report tabled for plenary, 1st reading/single reading
- A6-0087/2008
2008/03/26 Vote in committee, 1st reading/single reading
#2835
2007/11/29 Council Meeting
- 2835
2007/07/12 Committee referral announced in Parliament, 1st reading/single reading
2007/05/23 Legislative proposal published
- COM(2007)0263 summary
  
  PURPOSE: to replace Directive 96/26/EC with a new Regulation establishing common rules concerning conditions to be complied with to pursue the occupation of road transport operator.PROPOSED ACT: Regulation of the European Parliament and of the Council.CONTENT: this proposal is being presented alongside two related proposals all of which are seeking to modernise provisions governing road transport operators and access to the road transport market. The package of proposals includes:Replacing Directive 96/26/EC on admission to the occupation of road transport operator, with a new Regulation. (The subject of this summary).Merging Regulations (EEC) No 881/92 and (EEC) No 3118/93 on access to the road transport market. (For a summary of the proposal refer to: COD/2007/0099)Merging Regulations (EEC) No 684/92 and (EC) No 12/98 “on access to the market of coach and bus services.” (For a summary of the proposal refer to: COD/2007/0097.Directive 96/92/EC on admission to the occupation of road transport operators and the four accompanying Regulations on access to the road transport market have shaped the internal market in road transport. The common requirements have ensured minimum quality standards for road transport, while opening-up the market. The current legislative framework has injected an element of competition and, generally speaking, it has proved successful, in so far as road transport companies are charging more favourable rates and offering diversified services. However, experience has highlighted that some measures are not applied; are not enforced uniformly; are unclear, incomplete; and are incapable of keeping up with developments in the sectors. An impact assessment and public consultation have shown that the different ways in which the Directive is being applied is having a detrimental affect on fair competition. Checks vary from one Member State to another, with very different levels of professional qualifications and financial soundness. The results of the impact assessment also reveal that the Member States have difficulty in transposing the Directive and are applying it in a disparate manner. For example, the success rate in examinations that test professional competence varies from 10% to over 90%.The purpose of this proposal, therefore, is to replace the existing Directive and to rectify the shortcomings identified above. To recall, Directive 96/26/EC establishes the minimum conditions relating to good repute, financial standing and professional competence which companies have to satisfy in order to gain an authorisation before they can engage in the occupation of road transport operator. The Directive also establishes mutual recognition of some of the documents required in order to obtain an authorisation.In summary, the proposed new Regulation introduces:- the concept of responsibility of the transport manager, who lends his or her professional competence certificate to a company in order to obtain an authorisation;- stricter rules governing his or her links with the company;- stricter criteria vis-à-vis establishing whether a company is actually established in a Member State and that the company can be properly monitored by the national authority which authorised it;- comparable financial indicators to measure a company’s financial standing, compulsory minimum training of 140 hours prior to the examination to test professional competence which all applicants must sit, and the accreditation of training centres and examination centres;- a new requirement whereby authorities must give warning to those transport operators who no longer satisfy the criteria of good repute, financial standing or professional competence. In cases where remedial action is not taken (within a specified period) administrative sanctions can be imposed that range from withdrawing authorisations to disqualification of the transport manager;- mutual recognition between Member States of infringements of EC road transport rules, resulting in the totalling-up of serious repeated infringements wherever they are committed;- electronic registers interconnected between all Member States in order to reduce the administrative cost of monitoring companies and facilitating the exchange of information between Member States; and- the gradual elimination of certain exceptions. These exceptions can no longer be justified and distort competition to the detriment of the vast majority of companies which do not benefit from them.On a final point, the proposal will not affect the Community budget though it is estimated that the administrative costs borne by both companies and authorities could be reduced by as much as EUR 190 million per annum.
- DG Energy and Transport, TAJANI Antonio

Documents

Legislative proposal published: COM(2007)0263
Debate in Council: 2835
Committee report tabled for plenary, 1st reading/single reading: A6-0087/2008
Debate in Council: 2861
Debate in Parliament: Debate in Parliament
Results of vote in Parliament: Results of vote in Parliament
Decision by Parliament, 1st reading/single reading: T6-0217/2008
Council position published: 11783/1/2008
Committee recommendation tabled for plenary, 2nd reading: A6-0210/2009
Debate in Parliament: Debate in Parliament
Decision by Parliament, 2nd reading: T6-0276/2009
: Regulation 2009/1071
: OJ L 300 14.11.2009, p. 0051

Amendments	Dossier
110	2007/0098(COD) 2008/03/06 TRAN 101 amendments... Amendment 100 # Philip BRADBOURN Proposal for a regulation Recital 10 (10) A high level of professional qualification should increase the socio- economic efficiency of the road transport sector. It is therefore appropriate that applicants for the post of transport manager should undergo high-quality training. To ensure greater uniformity of training and examination and transparency vis-à-vis applicants, it is appropriate to provide that the Member States accredit examination and training centres according to criteria to be defined by them. On the grounds of fairness and transparency, it is also appropriate that all applicants, including those who, because they have experience or a diploma, may be exempted from compulsory initial training, should pass an examination. Since the completion of the internal market, the national markets are no longer separate. Consequently, those responsible for managing transport activities should possess the requisite knowledge for managing both national and international transport operations. The list of subjects of which knowledge is required in order to obtain a certificate of professional competence and the procedures for the organisation of examinations are likely to evolve with technical progress, and provision should be made for updating them. Amendment 101 # Anne E. JENSEN Proposal for a regulation Recital 11 (11) Fair competition and road transport that is fully compliant with the rules call for a uniform level of monitoring by Member States. The national authorities responsible for monitoring undertakings and the validity of their authorisations have a crucial role to play in this respect, and it is appropriate to ensure that they take suitable measures if necessary, in particular in the most serious cases by suspending or withdrawing authorisations, or declaring as unsuitable transport managers who are negligent or act in bad faith. This must be preceded by a consideration of the measure in the light of the proportionality principle. An undertaking should, however, be warned in advance and should have a reasonable period of time within which to rectify the situation before incurring such sanctions. Amendment 102 # Luis de GRANDES PASCUAL Proposal for a regulation Recital 16 (16) To facilitate freedom of establishment, the production of appropriate documents issued by a competent authority in the country of origin of the road transport operator should be accepted as sufficient proof of ~~good repute~~compliance with the ethical standards required for admission to the activities in question in a host Member State, providing that it can be ascertained that the persons concerned have not been declared unfit to pursue the occupation in the other Member States from which they come. Amendment 103 # Anne E. JENSEN Proposal for a regulation Recital 22 (22) The Commission should, in particular, be authorised to draw up a list of categories, types and degrees of seriousness of serious infringements which may under certain circumstances lead~~ing~~ to the loss of the requisite good repute of road transport operators, to adapt to technical progress the Annex to this Regulation concerning the knowledge to be taken into consideration for the recognition of professional competence by the Member States and the Annex concerning the model certificate of professional competence, and to draw up the list of ~~maximum~~ infringements ~~entailing the~~which may lead the authorities, under certain circumstances, and observing proportionality with regard to the nature of the infringement, to consider suspen~~sion~~ding or withdraw~~al of~~ing the authorisation to pursue the occupation or issuing a declaration of unsuitability. Since the measures in question are of general scope and are designed to amend non- essential elements of this Regulation or to supplement it by the addition of new non- essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On the grounds of efficiency, the time limits normally applicable in the context of the regulatory procedure with scrutiny should be shortened for the updating of the model certificate of professional competence. Amendment 104 # Luis de GRANDES PASCUAL Proposal for a regulation Recital 22 (22) The Commission should, in particular, be authorised to draw up a list of categories, types and degrees of seriousness of infringements ~~leading to the loss of the requisite good repute~~constituting failure to meet the ethical standards required in order to carry on the occupation of road transport operators, to adapt to technical progress the Annex to this Regulation concerning the knowledge to be taken into consideration for the recognition of professional competence by the Member States and the Annex concerning the model certificate of professional competence, and to draw up the list of maximum infringements entailing the suspension or withdrawal of the authorisation to pursue the occupation or a declaration of unsuitability. Since the measures in question are of general scope and are designed to amend non-essential elements of this Regulation or to supplement it by the addition of new non- essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On the grounds of efficiency, the time limits normally applicable in the context of the regulatory procedure with scrutiny should be shortened for the updating of the model certificate of professional competence. Or. es Justification Amendment 105 # Silvia-Adriana ȚICĂU Proposal for a regulation Recital 22 (22) The Commission should, in particular, be authorised to draw up a list of categories, types and degrees of seriousness of severe infringements leading to the loss of the requisite good repute of road transport operators, to adapt to technical progress the Annex to this Regulation concerning the knowledge to be taken into consideration for the recognition of professional competence by the Member States and the Annex concerning the model certificate of professional competence~~, and to draw up the list of maximum infringements entailing the suspension or withdrawal of the authorisation to pursue the occupation or a declaration of unsuitability~~. Since the measures in question are of general scope and are designed to amend non-essential elements of this Regulation or to supplement it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On the grounds of efficiency, the time limits normally applicable in the context of the regulatory procedure with scrutiny should be shortened for the updating of the model certificate of professional competence. Amendment 106 # Mathieu GROSCH, Georg JARZEMBOWSKI, Willi PIECYK, Dirk STERCKX, Anne E. JENSEN, Elisabeth JEGGLE Proposal for a regulation Recital 22 a (new) (22a) To encourage coach tours specifically for tourists on low incomes and promote tourism in the regions there is a need to re-introduce the 12-day rule for round trips by coach (see paragraph 78 of Parliament’s Resolution of 29 November 2007). For this reason Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006, on the harmonisation of certain social legislation relating to road transport, should be extended accordingly. Amendment 107 # Eva LICHTENBERGER, Jaromír KOHLÍČEK Proposal for a regulation Article 2 – paragraph 2 – point a (a) to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the maximum authorised weight of which does not exceed 3.5 tonnes. Member States may, however, lower this limit for all or some categories of transport operations;deleted Amendment 108 # Dirk STERCKX Proposal for a regulation Article 2 – paragraph 2 – point a a) to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the maximum ~~authorised weight~~payload of which does not exceed ~~3.5 tonnes. Member States may, however, lower this limit for all or some categories of transport operations;~~500 kg. Amendment 109 # Inés AYALA SENDER Proposal for a regulation Article 2 – paragraph 2 – point b (b) to undertakings which are engaged exclusively in ~~certain~~ road passenger transport services for non-commercial purposes, or performed free of charge and which have a main occupation other than that of road passenger transport operator~~, and which use vehicles driven by their own employees~~. Amendment 110 # Mathieu GROSCH Proposal for a regulation Article 2 – paragraph 2 – point b (b) to undertakings which are engaged exclusively in certain road passenger transport services for non-commercial purposes and free of charge, which have a main occupation other than that of road passenger transport operator, and which use vehicles driven by their own employees. Amendment 111 # Brian SIMPSON Proposal for a regulation Article 2 – paragraph 2 – point b (b) to undertakings which are engaged ~~exclusively in certa~~in road passenger transport services exclusively for non-commercial purposes, or free of charge, or which have a main occupation other than that of road passenger transport operator, ~~and which use vehicles driven by their own employees.~~ Amendment 112 # Philip BRADBOURN Proposal for a regulation Article 2 – paragraph 2 – point b a (new) (ba) to undertakings engaged exclusively in national transport operations which have only a minor impact on the transport market. Amendment 113 # Brian SIMPSON Proposal for a regulation Article 2 – paragraph 2 – point b a (new) (ba) to undertakings engaged exclusively in national transport operations which have only a minor impact on the transport market. Amendment 114 # Inés AYALA SENDER Proposal for a regulation Article 2 – paragraph 2 a (new) 2a. Member States may, after consulting the Commission, refrain from applying this Regulation to undertakings carrying on the occupation of road freight transport operator if their business is confined solely to national transport services with little influence on the transport market on account of - the nature of the freight carried or - the short distances travelled. Amendment 115 # Luis de GRANDES PASCUAL Proposal for a regulation Article 3 – subparagraph 1 – point b (b) ~~be of good repute~~meet the required ethical standards; Amendment 116 # Eva LICHTENBERGER, Jaromír KOHLÍČEK Proposal for a regulation Article 3 – subparagraph 1 –point d a (new) (da) not be younger than 21 years of age. Amendment 117 # Dirk STERCKX Proposal for a regulation Article 4 – paragraph 1 – point b b) have a genuine link to the undertaking, in other words be employed and remunerated by the undertaking or, if the undertaking is a natural person, be that same person, or, if the undertaking is a partnership, be entitled to legally represent and make binding decisions on behalf of the partnership. Amendment 118 # Luis de GRANDES PASCUAL Proposal for a regulation Article 4 – paragraph 1 – point b (b) be employed and remunerated by the undertaking or, if the undertaking is a natural person, be that same person or, if the undertaking is a commercial undertaking, the person who holds at least 15% of the shares. Amendment 119 # Mathieu GROSCH Proposal for a regulation Article 4 – paragraph 1 –point b (b) be employed and remunerated by the undertaking, or manage it, or, if the undertaking is a natural person, be that same person. Amendment 120 # Elisabeth JEGGLE Proposal for a regulation Article 4 – paragraph 1 –point b (b) be employed and remunerated by the undertaking or, if the undertaking is aone or more natural persons, be that same person or a natural person holding the company’s shares. Amendment 121 # Brian SIMPSON Proposal for a regulation Article 4 – paragraph 1 –point b (b) be an employe~~d and remunerated by~~e, partner, director, shareholder or have a similar contractual relationship to the undertaking or, if the undertaking is a natural person, be that same person. Amendment 122 # Eva LICHTENBERGER, Jaromír KOHLÍČEK Proposal for a regulation Article 4 – paragraph 2 –point b (b) the contract linking the undertaking with the transport manager specifies the duties to be performed on a ~~permanent~~continuous basis by the party concerned, and indicates his or her responsibilities as transport manager; the duties to be specified shall comprise in particular those relating to vehicle maintenance, verification of transport contracts and documents, accounting, the assignment of loads to drivers and vehicles, and the verification of safety procedures; and protection of people at work; Amendment 123 # Philip BRADBOURN Proposal for a regulation Article 4 – paragraph 2 –point c (c) the person designated does not manage, in the capacity of transport manager, the transport activities of more than four different undertakings carried out with a maximum total fleet of twelve vehicles;deleted Amendment 124 # Corien WORTMANN-KOOL Proposal for a regulation Article 4 – paragraph 2 – point c c) the person designated does not manage, in the capacity of transport manager, the transport activities of more than four different undertakings ~~carried out with a maximum total fleet of twelve vehicles~~; Amendment 125 # Johannes BLOKLAND Proposal for a regulation Article 4 – paragraph 2 –point c (c) the person designated does not manage, in the capacity of transport manager, the transport activities of more than four different undertakings ~~carried out with a maximum total fleet of twelve vehicles~~. The competent authority may decide on the maximum number of vehicles to be managed by the transport manager; Amendment 126 # Eva LICHTENBERGER, Jaromír KOHLÍČEK Proposal for a regulation Article 4 – paragraph 2 –point d ~~(d) the person designated is independent of the other undertakings which call upon him or her to carry out transport operations or which carry out transport operations on his or her behalf.~~deleted Amendment 127 # Corien WORTMANN-KOOL, Johannes BLOKLAND Proposal for a regulation Article 4 – paragraph 3 3) The transport manager shall lose his or her good repute within the meaning of this Regulation if serious infringements or repeated infringements above a certain threshold among the infringements referred to in Article 6(1) are committed in the context of the transport activities which he or she manages.deleted Amendment 128 # Eva LICHTENBERGER, Jaromír KOHLÍČEK Proposal for a regulation Article 5 – point a (a) have an establishment, situated in that Member State with premises in which it keeps its business documents, for the periods laid down by law and in particular all its accounting documents, personnel management documents and any other document on secure data supports, to which the authority competent to authorise the pursuit of the occupation must have access in order to verify compliance with the conditions provided for in this Regulation; while complying with all standards for the protection of personal data. Amendment 129 # Corien WORTMANN-KOOL Proposal for a regulation Article 5 – point b b) have at its disposal vehicles, whether wholly owned or, for example, under a hire purchase, hire or leasing contract or under a purchase contract~~, which are registered in and which it uses in that Member State~~; Amendment 130 # Bogusław LIBERADZKI Proposal for a regulation Article 5 – point b (b) have at its disposal vehicles, whether wholly owned or, for example, under a hire purchase, hire or leasing contract or under a purchase contract, which are registered in ~~and which it uses in~~ that Member State; Amendment 131 # Luis de GRANDES PASCUAL Proposal for a regulation Article 5 – point c ~~(c) 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 its vehicles.~~deleted Amendment 132 # Dirk STERCKX Proposal for a regulation Article 5 – point c ~~c) 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 its vehicles.~~deleted Amendment 133 # Mathieu GROSCH Proposal for a regulation Article 5 – point c (c) 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 its vehicles~~be able to prove on request where in the Member State of establishment the vehicles are parked when they are not in use. Amendment 134 # Inés AYALA SENDER Proposal for a regulation Article 5 – point c (c) ~~have~~run its activities effectively and continuously from 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 its vehicles~~. Amendment 135 # Johannes BLOKLAND Proposal for a regulation Article 5 – point c (c) 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 its vehicles~~. Amendment 136 # Philip BRADBOURN Proposal for a regulation Article 5 – point c (c) 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 its vehicles~~its vehicles when not in use. Amendment 137 # Luis de GRANDES PASCUAL Proposal for a regulation Article 6 – Title ~~Conditions relating to the requirement as to good repute~~Ethical standards Amendment 138 # Luis de GRANDES PASCUAL Proposal for a regulation Article 6 – paragraph 1 – subparagraph 1 1. For the purposes of Article 3(b), ~~the requirement as to the good repute of~~ an undertaking shall meanet thate required ethical standards when its managers have not been convicted of any serious criminal offence or offences under commercial law or bankruptcy law and ~~that~~when they carry out their activity in good faith and in compliance with the rules applicable to road transport and in accordance with professional ethics. Amendment 139 # Luis de GRANDES PASCUAL Proposal for a regulation Article 6 – paragraph 1 – subparagraph 2 Member States shall determine the special conditions which an undertaking must meet pursuant to this Regulation in order to ~~satisfy the requirement as to good repute~~comply with the required ethical standards. Member States shall provide that an undertaking satisfies that requirement if: Amendment 140 # Elisabeth JEGGLE Proposal for a regulation Article 6 – paragraph 1 – point b (b) the natural person(s) whom ithe undertaking has designated as transport manager pursuant to Article 4 has not (have not) incurred convictions or sanctions in one of the Member States for serious infringements o~~r repeated minor infringements of Community rules~~f Community provisions within the meaning of Annex IIa concerning in particular: Amendment 141 # Corien WORTMANN-KOOL, Johannes BLOKLAND Proposal for a regulation Article 6 – paragraph 1 – point b – introductory part b) the natural person(s) whom it has designated as transport manager pursuant to Article 4 has not (have not) incurred convictions or sanctions in one of the Member States for serious infringements ~~or repeated minor infringements~~ of Community rules concerning in particular: Amendment 142 # Eva LICHTENBERGER, Jaromír KOHLÍČEK Proposal for a regulation Article 6 – paragraph 1 – point b – point i (i) the driving time and rest periods of drivers, working time, and the installation and use of recording equipment; verification should cover their consistent observance, the archiving of data and protection of the personal data obtained; Amendment 143 # Johannes BLOKLAND Proposal for a regulation Article 6 – paragraph 2 2. ~~For the purposes of point (b) of the second subparagraph of paragraph 1, t~~The Commission shall adopt ~~the~~a list of categories, types and degrees of seriousness of infringements ~~and the frequency of occurrence beyond which repeated minor infringements shall lead to the loss~~of Community rules which may lead to the loss of good repute. Member States shall take into account information ofn the requisite good repute. Since these measures are designed to amend non-essential elements of this Regulation and to supplement it, they shall be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 25(3). To this end, the Commission shall apply the following principles: (a)ose infringements, including information received from other Member States, when setting the priorities for checks pursuant to Article 11(2). The Commission will evaluate the definitions of Annex III before 2012. The Commission shall take measures to adjust Annex III according to the conclusions of the evaluation in accordance with Article 251 of the EC Treaty. To this end, the Commission shall: (i) lay down the categories and types of infringement ~~are thos~~which are most frequently encountered; (~~b) the most~~ii) define the degree of serious ~~degree~~ness of infringement ~~concerns those which~~s according to their potential to create a ~~serious~~ risk of fatalities or serious injuries; (c)iii) define the frequency of occurrence beyond which repeated ~~minor~~ infringements shall be regarded as more serious ~~shall increase according to~~, by taking into account the number of drivers used for the transport activities managed by the ~~natural person concerned~~transport manager. Amendment 144 # Corien WORTMANN-KOOL, Johannes BLOKLAND Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 2. For the purposes of point (b) of the second subparagraph of paragraph 1, the Commission shall adopt the list of categories, types and degrees of seriousness of ~~infringements and the frequency of occurrence beyond which repeated minor~~serious infringements which shall lead to the loss of the requisite good repute. Since these measures are designed to amend non- essential elements of this Regulation and to supplement it, they shall be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 25(3). Amendment 145 # Luis de GRANDES PASCUAL Proposal for a regulation Article 6 – paragraph 2 – subparagraph 1 2. For the purposes of point (b) of the second subparagraph of paragraph 1, the Commission shall adopt the list of categories, types and degrees of seriousness of infringements and the frequency of occurrence beyond which repeated minor infringements shall ~~lead to the loss of the requisite good repute~~constitute failure to meet the required ethical standards. Since these measures are designed to amend non- essential elements of this Regulation and to supplement it, they shall be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 25(3). Amendment 146 # Corien WORTMANN-KOOL, Johannes BLOKLAND Proposal for a regulation Article 6 – paragraph 2 – point c c) the frequency of occurrence beyond which repeated minor infringements shall be regarded as serious shall increase according to the number of drivers used for the transport activities managed by the natural person concerned.deleted Amendment 147 # Johannes BLOKLAND Proposal for a regulation Article 6 – paragraph 2 – point c a (new) (ca) In the event of a conviction of or where penalties have been imposed on the transport manager or the transport undertaking in one or more of the Member States for one of the most serious infringements of Community rules, as set out in Annex III, the competent authority shall undertake in an appropriate and timely manner a duly completed administrative procedure, including, if appropriate, a check at the premises of the undertaking concerned. The procedure shall determine whether, due to specific circumstances, if the loss of good repute would constitute a disproportionate response in the individual case. Any such finding shall be duly reasoned and justified. If the competent authority finds that the loss of good repute would constitute a disproportionate response, it may decide that the good repute is unaffected. In such case, the reasons shall be recorded in the national register and indicated in the report referred to in to in Article 26(1). If the competent authority does not find that the loss of good repute would constitute a disproportionate response, as referred to in the second subparagraph, the conviction or penalties, referred to in the first subparagraph, shall lead to the loss of good repute. The measures designed to amend non- essential elements of this Regulation relating to the adaptation of Annex III to take account of the development of the Community acquis in the field of road transport shall be adopted in accordance with Article 251 of the EC Treaty. Amendment 148 # Luis de GRANDES PASCUAL Proposal for a regulation Article 6 – paragraph 3 3. The require~~ment as to good repute~~d ethical standards shall not be ~~satisfied~~met until rehabilitation or any other measure having an equivalent effect has taken place pursuant to the relevant existing national provisions. Amendment 149 # Markus FERBER Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 2. The requirement as to financial standing shall be satisfied where an undertaking can ~~at all times~~ meet its actual and potential commitments in the course of the annual accounting year. To this end, the undertaking must prove~~, on the basis of annual accounts certified by an auditor or a duly accredited person, that it has at its disposal each year~~ that it has: Amendment 150 # Markus FERBER Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point a (a) c~~urrent asset~~apital resources totalling at least EUR 9 000 for a single vehicle used and EUR 5 000 for each additional vehicle used; Capital resources shall be demonstrated by means of a certified trading balance sheet or a balance sheet for tax purposes. Persons applying for access to the profession of road transport operator for the first time must submit a certified opening balance sheet. Amendment 151 # Mathieu GROSCH Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point a (a) c~~urrent asset~~apital and reserves totalling at least EUR 915 000 for a single vehicle used and EUR ~~5 0~~7 500 for each additional vehicle used; Amendment 152 # Elisabeth JEGGLE Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point a (a) c~~urrent asset~~apital and reserves totalling at least EUR 9 000 for a single vehicle used and EUR 5 000 for each additional vehicle used; Amendment 153 # Mathieu GROSCH Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point b ~~(b) debt claims, securities and cash at bank and in hand totalling more than 80% of debts of which the residual duration is no greater than one year (“quick ratio” >= 80%).~~deleted Amendment 154 # Luis de GRANDES PASCUAL Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point b ~~(b) debt claims, securities and cash at bank and in hand totalling more than 80% of debts of which the residual duration is no greater than one year (“quick ratio” >= 80%).~~deleted Amendment 155 # Elisabeth JEGGLE Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point b ~~(b) debt claims, securities and cash at bank and in hand totalling more than 80% of debts of which the residual duration is no greater than one year (“quick ratio” >= 80%).~~deleted Amendment 156 # Corien WORTMANN-KOOL Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point b ~~b) debt claims, securities and cash at bank and in hand totalling more than 80% of debts of which the residual duration is no greater than one year ("quick ratio" >= 80%).~~deleted Amendment 157 # Johannes BLOKLAND Proposal for a regulation Article 7 – paragraph 2 – subparagraph 1 – point b ~~(b) debt claims, securities and cash at bank and in hand totalling more than 80% of debts of which the residual duration is no greater than one year ("quick ratio" >= 80%).~~deleted Amendment 158 # Bogusław LIBERADZKI Proposal for a regulation Article 7 – paragraph 2 – subparagraph 2 For the purposes of this Regulation, the value of the euro in those national currencies which are non-participants in the third stage of Monetary Union shall be fixed every ~~five~~ years. The rates to be applied shall be those obtained on the first working day of October and published in the Official Journal of the European Union. They shall have effect from 1 January of the following calendar year. Amendment 159 # Dirk STERCKX Proposal for a regulation Article 7 – paragraph 3 3. By way of derogation from paragraph 2, ~~the competent authority may agree that~~ an undertaking may give proof of its financial standing by means of a certificate from one or more banks or other financial institutions providing a joint and several guarantee for the undertaking in the form of a bank surety, or any other similar means, in respect of the amounts specified in point (a) of paragraph 2. The bank surety may be called in by the competent authority which authorises the pursuit of the occupation and cannot be released without the agreement of the latter. The competent authority shall also determine the conditions under which the bank guarantee may be called in and released for the benefit of other creditors. Amendment 160 # Corien WORTMANN-KOOL Proposal for a regulation Article 7 – paragraph 3 3. By way of derogation from paragraph 2, the competent authority ~~may~~should agree that an undertaking may give proof of its financial standing by means of a certificate from one or more banks or other financial institutions providing a joint and several guarantee for the undertaking in the form of a bank ~~surety~~guarantee, or any other similar means, in respect of the amounts specified in point (a) of paragraph 2. The bank ~~surety~~guarantee may be called in by the competent authority which authorises the pursuit of the occupation and cannot be released without the agreement of the latter. Amendment 161 # Inés AYALA SENDER Proposal for a regulation Article 8 – paragraph 1 1. For the purposes of Article 3(d), the ~~requirement as to professional competence shall be satisfied if the person(s) who is (are) deemed to satisfy it pursuant to Article 4 possesses (possess)~~person(s) concerned shall possess knowledge corresponding to the level of training provided for in Section 1 of Annex I in the subjects listed therein. ItThis shall be established~~, following training involving~~ by means of a compulsory awritten~~dance at courses of a total duration of at least 140 hours, by means of a compulsory written examination which~~ examination which, if the Member State in question so decides, may be supplemented by an oral examination These examinations shall be organised in accordance with Section 2 of Annex I.A To that end, Member States may decide to provide for compulsory training leading to the examination. Amendment 162 # Elisabeth JEGGLE Proposal for a regulation Article 8 – paragraph 1 1. For the purposes of Article 3(d), the requirement as to professional competence shall be satisfied if the person(s) who is (are) deemed to satisfy it pursuant to Article 4 possesses (possess) knowledge corresponding to the level of training provided for in Section I of Annex I in the subjects listed therein. It shall be established~~, following training involving compulsory attendance at courses of a total duration of at least 140 hours, by means of a compulsory written examination which may be supplemented by an oral~~ by a compulsory written examination. These examinations shall be organised in accordance with Section II of Annex I. Amendment 163 # Corien WORTMANN-KOOL Proposal for a regulation Article 8 – paragraph 1 1. For the purposes of Article 3(d), the requirement as to professional competence shall be satisfied if the person(s) who is (are) deemed to satisfy it pursuant to Article 4 possesses (possess) knowledge corresponding to the level of training provided for in Section 1 of Annex I in the subjects listed therein. It shall be established, following training ~~involving compulsory attendance at courses of a total duration of at least 140 hours~~, by means of a compulsory written examination which may be supplemented by an oral examination These examinations shall be organised in accordance with Section 2 of Annex I. Amendment 164 # Philip BRADBOURN Proposal for a regulation Article 8 – paragraph 1 a (new) 1a. With regard to applicants intending to perform the effective and continuous management of undertakings engaging solely in national transport operations, Member States may stipulate that the knowledge to be taken into consideration in order to establish professional competence shall cover only subjects relating to national transport. In that case, the certificate of professional competence, a model of which is contained in Annex II hereto, shall state that the holder is qualified to perform the effective and continuous management of undertakings engaging solely in transport operations within the Member State that issued the certificate. Amendment 165 # Mathieu GROSCH Proposal for a regulation Article 8 – paragraph 1 a (new) 1a. The persons concerned shall sit the examination in their Member State of residence. Amendment 166 # Marian-Jean MARINESCU Proposal for a regulation Article 8 – paragraph 3 3. Member States shall accredit, in accordance with mutually compatible criteria defined by them, the bodies capable of offering applicants high-quality training to prepare them efficiently for the examination, and continuous training so that transport managers who so wish can update their knowledge. Member States shall regularly verify that these bodies at all times fulfil the criteria on the basis of which they were accredited. Amendment 167 # Eva LICHTENBERGER, Jaromír KOHLÍČEK Proposal for a regulation Article 8 – paragraph 4 ~~4. Member States may exempt from compulsory training applicants who provide proof of at least five years' practical experience in a transport undertaking at management level.~~deleted Amendment 168 # Mathieu GROSCH Proposal for a regulation Article 8 – paragraph 4 4. Member States may exempt from ~~compulsory training applicant~~the examination persons who provide proof of at least ~~five~~10 years’ continuous practical experience in a transport undertaking at management level before publication of this Regulation. Amendment 169 # Brian SIMPSON Proposal for a regulation Article 8 – paragraph 4 4. Member States may exempt from ~~compulsory training applicant~~examination persons who can provide proof of at least ~~five~~ten years' practical continuous experience in a transport undertaking at management level during the previous twenty years. Amendment 170 # Elisabeth JEGGLE Proposal for a regulation Article 8 – paragraph 4 4. Member States may exempt from compulsory training and the examination applicants who provide proof of at least five years’ practical experience in a transport undertaking at management level. Amendment 171 # Brian SIMPSON Proposal for a regulation Article 8 – paragraph 4 a (new) 4a. Member States shall ensure that applicants with practical experience returning to the profession after a three year interval shall undertake any necessary retraining to establish their knowledge of recent developments in the profession. Amendment 172 # Elisabeth JEGGLE Proposal for a regulation Article 8 – paragraph 5 5. A Member State may exempt the holders of certain higher education diplomas or technical education diplomas issued in thate same Member State and which entail attendance at courses in the subjects listed in Annex I and which they specifically designate to this end from compulsory training in the subjects covered by the diplomas. Amendment 173 # Gilles SAVARY Proposal for a regulation Article 8 – paragraph 5 5. A Member State may exempt the holders of certain higher education diplomas or technical education diplomas issued in that Member State and which entail attendance at courses in the subjects listed in Annex I and which they specifically designate to this end from compulsory training in the subjects covered by the diplomas and from the examination. Amendment 174 # Brian SIMPSON Proposal for a regulation Article 10 – paragraph 2 2. The competent authority shall record in the electronic register referred to in Article 15 the name of the transport manager designated by the undertaking and an indication that he or she has not been declared unfit to manage the transport activities of an undertaking, the address of the establishment, the number of vehicles used and, if the authorisation is valid for international transport, the serial number of the Community licence and that of the certified copies. Amendment 175 # Marian-Jean MARINESCU Proposal for a regulation Article 10 – paragraph 2 2. The competent authority shall record in the electronic register referred to in Article 15 the official name of the undertaking, the name of the transport manager designated by it~~he undertaking~~, the address of the establishment, the number of vehicles used and, if the authorisation is valid for international transport, the serial number of the Community licence and that of the certified copies. Amendment 176 # Bogusław LIBERADZKI Proposal for a regulation Article 11 – paragraph 1 1. The competent authorities shall verify that undertakings which they have authorised to engage in the occupation continue to fulfil the requirements provided for in Article 3. To that end, they shall check every five years at least that undertakings still fulfil each of those requirements Amendment 177 # Inés AYALA SENDER Proposal for a regulation Article 12 – paragraph 2 – introductory part 2. ~~A warning shall be sent to an undertaking if the competent authority establishes that an undertaking runs the risk of no longer satisfying the requirements provi~~The competent authority may require undertakings whose authorisation has been suspended for ~~in Article 3. If it is established that one of those requirements~~withdrawn to ensure that its ~~no longer satisfied, the warning shall grant a time limit for the undertaking to rectify the situation within the following limits:~~transport managers pass the examination referred to in Article 8 prior to any rehabilitation measure. Amendment 178 # Marian-Jean MARINESCU Proposal for a regulation Article 12 – paragraph 2 – point a (a) a time limit not exceeding ~~six~~three months for the recruitment of a replacement for the transport manager if the latter no longer satisfies the requirements as to good repute or professional competence, which may be extended by ~~six~~three months in the event of the death or physical incapacity of the transport manager; Amendment 179 # Marian-Jean MARINESCU Proposal for a regulation Article 12 – paragraph 2 – point b (b) a time limit not exceeding ~~six month~~30 days where the undertaking has to rectify the situation by demonstrating that it has an effective and stable establishment; Amendment 180 # Brian SIMPSON Proposal for a regulation Article 15 – paragraph 1 – point d (d) the type of authorisation, the number of vehicles which it covers and, where appropriate, the serial number of the Community licence and that of the certified copies; , and the vehicle registration mark of each vehicle being operated under the authorisation outside of the undertaking's Member State of establishment. Amendment 181 # Corien WORTMANN-KOOL, Johannes BLOKLAND Proposal for a regulation Article 15 – paragraph 1 – point e (e) the number, the category and the type of serious infringements ~~and repeated minor infringements, as referred to in Article 6(1)(b),~~ which have resulted in a sanction in the last two years; Amendment 182 # Mathieu GROSCH Proposal for a regulation Article 15 – paragraph 6 6. The Commission may take any initiative necessary in order to facilitate the implementation of paragraph 4. It may decide to postpone the time limit referred to in paragraph 4. Since a decision to postpone would be designed to amend non-essential elements of this Regulation, it shall be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 25(4). Amendment 183 # Elisabeth JEGGLE Proposal for a regulation Article 16 – point b (b) all persons have the right of access to data relating to them with the authority responsible for processing the data. This right shall be ensured without constraint, at reasonable intervals and without excessive delay or cost for the ~~authority responsible for processing the data or for the~~ applicant; Amendment 184 # Luis de GRANDES PASCUAL Proposal for a regulation Article 18 – Title Certificates ~~of good repute~~ and equivalent documents relating to the required ethical standards Amendment 185 # Luis de GRANDES PASCUAL Proposal for a regulation Article 18 – paragraph 1 1. Without prejudice to Article 10(4), the new Member State of establishment shall accept as sufficient proof of ~~good repute~~compliance with the ethical standards required for admission to the occupation of road transport operator the production of an extract from a judicial record or, failing that, an equivalent document issued by a competent judicial or administrative authority in the transport operator’s Member State(s) of origin showing that this requirement is satisfied. Amendment 186 # Marian-Jean MARINESCU Proposal for a regulation Article 18 – paragraph 3 3. If a document required in accordance with paragraphs 1 and 2 has not been issued by the country (countries) of origin, it may be replaced by a declaration on oath or by a solemn declaration made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary in the Member State of origin; such authority or notary shall issue a certificate authenticating the declaration on oath or the solemn declaration.deleted Amendment 187 # Anne E. JENSEN Proposal for a regulation Article 22 Undertakings which can provide proof that, before certain dates, they were authorised in a Member State to engage in the occupation of road haulage operator or road passenger transport operator in national or international transport shall be exempted from providing proof that they have the professional competence referred to in Article 3(d) until 1 January 2012. Those dates are as follows: a) 1 January 1975 for Belgium, Denmark, Germany, France, Ireland, Italy, Luxembourg, Netherlands and the United Kingdom b)1 January 1981 for Greece, c) 1 January 1983 for Spain and Portugal, d) 3 October 1989 for the territory of the former German Democratic Republic, e) 1 January 1995 for Austria, Finland and Sweden, and natural persons who, can provide proof of at least 15 years’ practical experience in a transport undertaking in a Member State, shall be exempted from the examination required under Article 8 for obtaining a certificate of professional competence. Amendment 188 # Elisabeth JEGGLE Proposal for a regulation Article 22 – subparagraph 1 Undertakings which can provide proof that, before certain dates, they were authorised in a Member State to engage in the occupation of road haulage operator or road passenger transport operator in national or international transport shall be exempted from providing proof that they have the professional competence referred to in Article 3(d) until 1 January 20125. Those dates are as follows: Amendment 189 # Anne E. JENSEN Proposal for a regulation Article 23 Undertakings which, before the date of entry into force of this Regulation, have an authorisation to engage in the occupation of road transport operator shall comply with the provisions of this Regulation no later than two years after that date.Article 23 deleted Transitional provisions Amendment 190 # Mathieu GROSCH Proposal for a regulation Article 26 – paragraph 2 a (new) 2a. By 1 June 2009 the Commission shall report on the question of what would be the impact of extending the scope of this Regulation to include commercial transport with vehicles whose design and equipment are appropriate and which are intended to carry up to nine persons including the driver. The Commission shall if necessary take the relevant initiatives. Amendment 191 # Mathieu GROSCH, Georg JARZEMBOWSKI, Willi PIECYK, Dirk STERCKX, Anne E. JENSEN, Elisabeth JEGGLE Proposal for a regulation Article 29 a (new) Article 29a The following paragraph shall be inserted in Article 8 of Regulation (EG) No 561/2006: (6a) By way of derogation from the above, it shall be permissible in the case of cross- frontier occasional transport to allow the weekly rest period to begin no later than at the end of twelve 24-hour periods after the previous weekly rest period. In such cases two regular, or one regular and one reduced, weekly rest periods shall be granted consecutively. The total accumulated driving time during these twelve 24-hour periods may not exceed 90 hours. Amendment 192 # Elisabeth JEGGLE Proposal for a regulation Annex I – Section 1 – point e E. Business and financial management of the undertaking Road haulage and passenger transport The applicant must, in particular: (1) be familiar with the laws and practices regarding the use of cheques, bills of exchange, promissory notes, credit cards and other means or methods of payment; (2) be familiar with the various forms of credit (bank credit, documentary credit, guarantee deposits, mortgages, leasing, renting, factoring, etc.) and with the charges and obligations arising therefrom; (3) know what a balance sheet is, how it is set out and how to interpret it; (4) be able to read and interpret a profit and loss account; (5) be able to assess the undertaking’s profitability and financial position, in particular on the basis of financial ratios; (6) be able to prepare a budget; (7) be familiar with his undertaking’s cost elements (fixed costs, variable costs, working capital, depreciation, etc.), and be able to calculate costs per vehicle, per kilometre, per journey or per tonne; (8) be able to draw up an organisation chart relating to the undertaking’s personnel as a whole and to organise work plans, etc.; (9) be familiar with the principles of marketing, publicity and public relations, including transport services, sales promotion and the preparation of customer files, etc.; (10) be familiar with the different types of insurance relating to road transport (liability, accidental injury/life insurance, non-life and luggage insurance) and with the guarantees and obligations arising therefrom; (11) be familiar with the applications of electronic data transmission in road transport; Road haulage (12) be able to apply the rules governing the invoicing of road haulage services and know the meaning and implications of Incoterms; (13) be familiar with the different categories of transport auxiliaries, their role, their functions and, where appropriate, their status; Road passenger transport (14) be able to apply the rules governing fares and pricing in public and private passenger transport; (15) be able to apply the rules governing the invoicing of road passenger transport services.deleted Amendment 193 # Elisabeth JEGGLE Proposal for a regulation Annex II a (new) The following annex shall be inserted in the Regulation: ANNEX IIA List of offences referred to in Article 6(2)(b): 1. (a) Exceeding the six-day or 14-day maximum driving periods by 25 % or more; (b) During daily working hours, exceeding the maximum daily driving period by 50 % without a break or uninterrupted rest period of no less than 4½ hours. 2. Tachograph missing and/or speed limiter missing or use of a fraudulent device capable of changing the readings of the recording equipment and/or speed limiter, or falsification of record sheets or of data downloaded from the tachograph and/or driver card. 3. Driving without a valid roadworthiness certificate or driving a vehicle with very serious evident faults, for instance in the braking system, steering, wheels/tyres, suspension or chassis, that pose an immediate danger to road safety and would result in a decision to take the vehicle off the road. 4. Carriage of dangerous goods whose carriage is prohibited, or carriage of dangerous goods without the required labelling or marking of the vehicle. 5. Carriage of passengers or goods without a valid driving licence or by an undertaking that does not hold a valid Community Licence. 6. Driver using a falsified driver card or a another driver’s driver card, or a driver card obtained by means of false statements and/or false documents. 7. Carriage of goods where the permissible laden weight is exceeded by more than 20 %. Amendment 194 # Eva LICHTENBERGER, Jaromír KOHLÍČEK Proposal for a regulation Annex II a (new) Annex IIa The list of infringements as referred in Article 6.2.(a) is as followed: 1. (a) Exceeding the maximum six-day or fortnightly driving time limits by margins of 10 % of more. (b) Exceeding, during a daily working period, the maximum daily driving time limit by a margin of 25 % or more without taking a break or an uninterrupted rest period of at least four and a half hours. 2. No tachograph and/or speed limiter fitted or use of a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsification of record sheets or data downloaded from the tachograph and/or the driver card. 3. Driving without a valid roadworthiness test, including gas and noise emissions performance, or where the vehicle contains a very serious deficiency of, inter alia, the braking system, steering linkages, wheels/tyres, suspension or chassis that would create an immediate risk to road safety that would lead to a decision to immobilise the vehicle. 4. Dangerous goods being carried that are prohibited for transport, or dangerous goods that are carried without the required placarding or marking of the vehicle or without respecting other requirements, defined in the directives on transport of dangerous goods. Insufficient knowledge by the driver on the contents of dangerous load and the necessary emergency measures in case of accidents. 5. Carriage of passengers or goods without holding a valid driving licence or made by an undertaking which is not holder of a valid Community Licence. 6. Driver using a driver card that has been falsified, of which he is not the holder or which has been obtained on the basis of false documents and/or forged documents. 7. Carriage of goods by exceeding permissible laden weight by 10 %. Amendment 94 # Silvia-Adriana ȚICĂU Proposal for a regulation Recital 7 (7) The natural persons with the requisite good repute and professional competence should be clearly identified and designated to the competent authorities. Such persons, referred to as "transport managers", should be those who are resident in a Member State and continuously and effectively run the transport activities of road transport undertakings. It is appropriate to specify the conditions under which a person is considered to manage, continuously and effectively, a transport activity in an undertaking. Amendment 95 # Luis de GRANDES PASCUAL Proposal for a regulation Recital 7 (7) The natural persons w~~ith~~ho meet the requi~~site good repute and~~red ethical standards and have the requisite professional competence should be clearly identified and designated to the competent authorities. Such persons, referred to as “transport managers”, should be those who continuously and effectively run the transport activities of road transport undertakings. It is appropriate to specify the conditions under which a person is considered to manage, continuously and effectively, a transport activity in an undertaking. Amendment 96 # Luis de GRANDES PASCUAL Proposal for a regulation Recital 8 (8) ~~The good repute of transport managers is conditional on their not having~~Compliance with ethical standards implies that a “transport manager” has not incurred serious criminal convictions or serious sanctions, in particular for infringing Community rules relating to road transport. It is necessary to define jointly, in the areas covered by Community rules, the types of infringements and the corresponding degrees of seriousness liable to detract from the good repute of an undertaking. Amendment 97 # Mathieu GROSCH Proposal for a regulation Recital 8 a (new) (8a) The Commission should be pursuing the aim of ensuring that serious offences are punished with the same rigour in the different Member States, and taking appropriate measures to that end. Amendment 98 # Silvia-Adriana ȚICĂU Proposal for a regulation Recital 9 (9) A road transport undertaking must have a minimum financial standing to ensure proper launching and proper administration of the undertaking. The current method based on a minimum threshold for capital and reserves leaves a great deal of uncertainty about the financial resources to be taken into account, and does not guarantee that an undertaking has the ability to meet its short-term commitments. It is appropriate to use other, better defined and more relevant financial indicators which can be established on the basis of the annual accounts. Undertakings which so wish should be afforded the possibility of demonstrating their financial standing with a bank guarantee or other financial instrument such as insurance, which may constitute a simpler and less expensive method for them. Amendment 99 # Silvia-Adriana ȚICĂU Proposal for a regulation Recital 10 (10) A high level of professional qualification should increase the socio- economic efficiency of the road transport sector. It is therefore appropriate that applicants for the post of transport manager should undergo high-quality training. To ensure greater uniformity of training and examination and transparency vis-à-vis applicants, it is appropriate to provide that the Member States accredit examination and training centres according to criteria to be defined by them. On the grounds of fairness and transparency, it is also appropriate that all applicants, including those who, because they have experience or a diploma, may be exempted from compulsory initial training, should pass an examination. Since the completion of the internal market, the national markets are no longer separate. Consequently, those responsible for managing transport activities should possess the requisite knowledge for managing both national and international transport operations. The list of subjects of which knowledge is required in order to obtain a certificate of professional competence and the procedures for the organisation of examinations are likely to evolve with technical progress, and provision should be made for updating them. source: PE-402.665 2009/03/02 TRAN 9 amendments... Amendment 37 # Silvia-Adriana ȚICĂU Article 2 – paragraph 4 4) "undertaking" shall mean any natural person, any legal person, whether profit-making or not, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such personality~~, engaged in the transport of passengers, or any natural or legal person engaged in the transport of freight with a commercial purpose~~; Amendment 38 # Corien WORTMANN-KOOL Article 6 – paragraph 1 – point b – introductory part (b) that the transport manager orf the transport undertaking has not in one or more Member States been convicted of a serious criminal offence or incurred a penalty for athe most serious infringements of Community rules relating in particular to: Amendment 39 # Silvia-Adriana ȚICĂU Article 8 – paragraph 1 a (new) 1a. The persons concerned shall sit the examination in the Member State in which they have their normal residence or the Member State in which they work. Normal residence shall mean the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal ties which show close links between that person and the place where he is living. However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being in the place of his personal ties, provided that such person returns there regularly. This last condition shall not be required where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence. Amendment 40 # Silvia-Adriana ȚICĂU Article 8 – paragraph 4 a (new) 4a. Member States may require that persons who possess a certificate of professional competence but who have not managed a road haulage undertaking or a road passenger transport undertaking in the last five years, shall undertake retraining in order to update their knowledge regarding developments in the legislation referred to in Part I of Annex I. Amendment 41 # Silvia-Adriana ȚICĂU Article 9 – paragraph -1 a (new) A Member State may exempt from specified parts of the examinations holders of certificates of professional competence valid for national transport operations in that Member State. Amendment 42 # Silvia-Adriana ȚICĂU Article 11 – paragraph 1 1. A transport undertaking which complies with the requirements laid down in Article 3 shall, upon application, be authorised to engage in the occupation of road transport operator. The competent authority shall ascertain that an undertaking which submits an application satisfies the requirements laid down in that Article. Member States may, in appropriate national legislation, specify the duration of authorisations to engage in the occupation of road transport operator. The assessment of an application may result in the issue of a Community licence in accordance with Regulations (EC) No …/… and (EC) No …/…*. A Member State may issue an authorisation other than a Community licence for undertakings which only perform transport operations within the territory of that Member State. Amendment 43 # Silvia-Adriana ȚICĂU Article 11 – paragraph 3 3. The time limit for the examination of an application for authorisation by a competent authority shall be as short as possible and shall not exceed three ~~month~~weeks from the date on which the competent authority receives all documents necessary to assess the application. The competent authority may extend this time limit for an additional two ~~month~~weeks in duly justified cases. Amendment 44 # Silvia-Adriana ȚICĂU Article 16 – paragraph 1 – subparagraph 2 By 31 ~~June~~December 2009, the Commission shall issue ~~guidelines~~a decision on minimum requirements for the data to be entered in the national electronic register from the date of its setting in order to facilitate the ~~future~~ interconnection of registers. ~~It may recommend the inclusion of the vehicle registration marks in addition to the data referred to in paragraph 2.~~ Amendment 45 # Silvia-Adriana ȚICĂU Article 16 – paragraph 6 6. Common rules concerning the implementation of paragraph 5, such as the format of the data exchanged, the technical procedures for electronic consultation of the national electronic registers of the other Member States and the promotion of the interoperability of these registers with other relevant data bases, shall be adopted by the Commission in accordance with the ~~procedure~~regulatory procedure with scrutiny referred to in Article 25(23). Those common rules shall determine which authority is responsible for access to data and further use and updating of data after access and, to this effect, shall include rules on data logging and data monitoring. source: PE-420.161

Amendments

Dossier

110

2007/0098(COD)

2008/03/06 TRAN 101 amendments...

Amendment 100 #

Philip BRADBOURN

Proposal for a regulation
Recital 10

(10) A high level of professional qualification should increase the socio- economic efficiency of the road transport sector. It is therefore appropriate that applicants for the post of transport manager should undergo high-quality training. To ensure greater uniformity of training and examination and transparency vis-à-vis applicants, it is appropriate to provide that the Member States accredit examination and training centres according to criteria to be defined by them. On the grounds of fairness and transparency, it is also appropriate that all applicants, including those who, because they have experience or a diploma, may be exempted from compulsory initial training, should pass an examination. Since the completion of the internal market, the national markets are no longer separate. Consequently, those responsible for managing transport activities should possess the requisite knowledge for managing both national and international transport operations. The list of subjects of which knowledge is required in order to obtain a certificate of professional competence and the procedures for the organisation of examinations are likely to evolve with technical progress, and provision should be made for updating them.

Amendment 101 #

Anne E. JENSEN

Proposal for a regulation
Recital 11

(11) Fair competition and road transport that is fully compliant with the rules call for a uniform level of monitoring by Member States. The national authorities responsible for monitoring undertakings and the validity of their authorisations have a crucial role to play in this respect, and it is appropriate to ensure that they take suitable measures if necessary, in particular in the most serious cases by suspending or withdrawing authorisations, or declaring as unsuitable transport managers who are negligent or act in bad faith. This must be preceded by a consideration of the measure in the light of the proportionality principle. An undertaking should, however, be warned in advance and should have a reasonable period of time within which to rectify the situation before incurring such sanctions.

Amendment 102 #

Luis de GRANDES PASCUAL

Proposal for a regulation
Recital 16

(16) To facilitate freedom of establishment, the production of appropriate documents issued by a competent authority in the country of origin of the road transport operator should be accepted as sufficient proof of ~~good repute~~compliance with the ethical standards required for admission to the activities in question in a host Member State, providing that it can be ascertained that the persons concerned have not been declared unfit to pursue the occupation in the other Member States from which they come.

Amendment 103 #

Anne E. JENSEN

Proposal for a regulation
Recital 22

(22) The Commission should, in particular, be authorised to draw up a list of categories, types and degrees of seriousness of serious infringements which may under certain circumstances lead~~ing~~ to the loss of the requisite good repute of road transport operators, to adapt to technical progress the Annex to this Regulation concerning the knowledge to be taken into consideration for the recognition of professional competence by the Member States and the Annex concerning the model certificate of professional competence, and to draw up the list of ~~maximum~~ infringements ~~entailing the~~which may lead the authorities, under certain circumstances, and observing proportionality with regard to the nature of the infringement, to consider suspen~~sion~~ding or withdraw~~al of~~ing the authorisation to pursue the occupation or issuing a declaration of unsuitability. Since the measures in question are of general scope and are designed to amend non- essential elements of this Regulation or to supplement it by the addition of new non- essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On the grounds of efficiency, the time limits normally applicable in the context of the regulatory procedure with scrutiny should be shortened for the updating of the model certificate of professional competence.

Amendment 104 #

Luis de GRANDES PASCUAL

Proposal for a regulation
Recital 22

(22) The Commission should, in particular, be authorised to draw up a list of categories, types and degrees of seriousness of infringements ~~leading to the loss of the requisite good repute~~constituting failure to meet the ethical standards required in order to carry on the occupation of road transport operators, to adapt to technical progress the Annex to this Regulation concerning the knowledge to be taken into consideration for the recognition of professional competence by the Member States and the Annex concerning the model certificate of professional competence, and to draw up the list of maximum infringements entailing the suspension or withdrawal of the authorisation to pursue the occupation or a declaration of unsuitability. Since the measures in question are of general scope and are designed to amend non-essential elements of this Regulation or to supplement it by the addition of new non- essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On the grounds of efficiency, the time limits normally applicable in the context of the regulatory procedure with scrutiny should be shortened for the updating of the model certificate of professional competence. Or. es Justification

Amendment 105 #

Silvia-Adriana ȚICĂU

Proposal for a regulation
Recital 22

(22) The Commission should, in particular, be authorised to draw up a list of categories, types and degrees of seriousness of severe infringements leading to the loss of the requisite good repute of road transport operators, to adapt to technical progress the Annex to this Regulation concerning the knowledge to be taken into consideration for the recognition of professional competence by the Member States and the Annex concerning the model certificate of professional competence~~, and to draw up the list of maximum infringements entailing the suspension or withdrawal of the authorisation to pursue the occupation or a declaration of unsuitability~~. Since the measures in question are of general scope and are designed to amend non-essential elements of this Regulation or to supplement it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On the grounds of efficiency, the time limits normally applicable in the context of the regulatory procedure with scrutiny should be shortened for the updating of the model certificate of professional competence.

Amendment 106 #

Mathieu GROSCH, Georg JARZEMBOWSKI, Willi PIECYK, Dirk STERCKX, Anne E. JENSEN, Elisabeth JEGGLE

Proposal for a regulation
Recital 22 a (new)

(22a) To encourage coach tours specifically for tourists on low incomes and promote tourism in the regions there is a need to re-introduce the 12-day rule for round trips by coach (see paragraph 78 of Parliament’s Resolution of 29 November 2007). For this reason Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006, on the harmonisation of certain social legislation relating to road transport, should be extended accordingly.

Amendment 107 #

Eva LICHTENBERGER, Jaromír KOHLÍČEK

Proposal for a regulation
Article 2 – paragraph 2 – point a

(a) to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the maximum authorised weight of which does not exceed 3.5 tonnes. Member States may, however, lower this limit for all or some categories of transport operations;deleted

Amendment 108 #

Dirk STERCKX

Proposal for a regulation
Article 2 – paragraph 2 – point a

a) to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the maximum ~~authorised weight~~payload of which does not exceed ~~3.5 tonnes. Member States may, however, lower this limit for all or some categories of transport operations;~~500 kg.

Amendment 109 #

Inés AYALA SENDER

Proposal for a regulation
Article 2 – paragraph 2 – point b

(b) to undertakings which are engaged exclusively in ~~certain~~ road passenger transport services for non-commercial purposes, or performed free of charge and which have a main occupation other than that of road passenger transport operator~~, and which use vehicles driven by their own employees~~.

Amendment 110 #

Mathieu GROSCH

Proposal for a regulation
Article 2 – paragraph 2 – point b

(b) to undertakings which are engaged exclusively in certain road passenger transport services for non-commercial purposes and free of charge, which have a main occupation other than that of road passenger transport operator, and which use vehicles driven by their own employees.

Amendment 111 #

Brian SIMPSON

Proposal for a regulation
Article 2 – paragraph 2 – point b

(b) to undertakings which are engaged ~~exclusively in certa~~in road passenger transport services exclusively for non-commercial purposes, or free of charge, or which have a main occupation other than that of road passenger transport operator, ~~and which use vehicles driven by their own employees.~~

Amendment 112 #

Philip BRADBOURN

Proposal for a regulation
Article 2 – paragraph 2 – point b a (new)

(ba) to undertakings engaged exclusively in national transport operations which have only a minor impact on the transport market.

Amendment 113 #

Brian SIMPSON

Proposal for a regulation
Article 2 – paragraph 2 – point b a (new)

(ba) to undertakings engaged exclusively in national transport operations which have only a minor impact on the transport market.

Amendment 114 #

Inés AYALA SENDER

Proposal for a regulation
Article 2 – paragraph 2 a (new)

2a. Member States may, after consulting the Commission, refrain from applying this Regulation to undertakings carrying on the occupation of road freight transport operator if their business is confined solely to national transport services with little influence on the transport market on account of - the nature of the freight carried or - the short distances travelled.

Amendment 115 #

Luis de GRANDES PASCUAL

Proposal for a regulation
Article 3 – subparagraph 1 – point b

(b) ~~be of good repute~~meet the required ethical standards;

Amendment 116 #

Eva LICHTENBERGER, Jaromír KOHLÍČEK

Proposal for a regulation
Article 3 – subparagraph 1 –point d a (new)

(da) not be younger than 21 years of age.

Amendment 117 #

Dirk STERCKX

Proposal for a regulation
Article 4 – paragraph 1 – point b

b) have a genuine link to the undertaking, in other words be employed and remunerated by the undertaking or, if the undertaking is a natural person, be that same person, or, if the undertaking is a partnership, be entitled to legally represent and make binding decisions on behalf of the partnership.

Amendment 118 #

Luis de GRANDES PASCUAL

Proposal for a regulation
Article 4 – paragraph 1 – point b

(b) be employed and remunerated by the undertaking or, if the undertaking is a natural person, be that same person or, if the undertaking is a commercial undertaking, the person who holds at least 15% of the shares.

Amendment 119 #

Mathieu GROSCH

Proposal for a regulation
Article 4 – paragraph 1 –point b

(b) be employed and remunerated by the undertaking, or manage it, or, if the undertaking is a natural person, be that same person.

Amendment 120 #

Elisabeth JEGGLE

Proposal for a regulation
Article 4 – paragraph 1 –point b

(b) be employed and remunerated by the undertaking or, if the undertaking is aone or more natural persons, be that same person or a natural person holding the company’s shares.

Amendment 121 #

Brian SIMPSON

Proposal for a regulation
Article 4 – paragraph 1 –point b

(b) be an employe~~d and remunerated by~~e, partner, director, shareholder or have a similar contractual relationship to the undertaking or, if the undertaking is a natural person, be that same person.

Amendment 122 #

Eva LICHTENBERGER, Jaromír KOHLÍČEK

Proposal for a regulation
Article 4 – paragraph 2 –point b

(b) the contract linking the undertaking with the transport manager specifies the duties to be performed on a ~~permanent~~continuous basis by the party concerned, and indicates his or her responsibilities as transport manager; the duties to be specified shall comprise in particular those relating to vehicle maintenance, verification of transport contracts and documents, accounting, the assignment of loads to drivers and vehicles, and the verification of safety procedures; and protection of people at work;

Amendment 123 #

Philip BRADBOURN

Proposal for a regulation
Article 4 – paragraph 2 –point c

(c) the person designated does not manage, in the capacity of transport manager, the transport activities of more than four different undertakings carried out with a maximum total fleet of twelve vehicles;deleted

Amendment 124 #

Corien WORTMANN-KOOL

Proposal for a regulation
Article 4 – paragraph 2 – point c

c) the person designated does not manage, in the capacity of transport manager, the transport activities of more than four different undertakings ~~carried out with a maximum total fleet of twelve vehicles~~;

Amendment 125 #

Johannes BLOKLAND

Proposal for a regulation
Article 4 – paragraph 2 –point c

(c) the person designated does not manage, in the capacity of transport manager, the transport activities of more than four different undertakings ~~carried out with a maximum total fleet of twelve vehicles~~. The competent authority may decide on the maximum number of vehicles to be managed by the transport manager;

Amendment 126 #

Eva LICHTENBERGER, Jaromír KOHLÍČEK

Proposal for a regulation
Article 4 – paragraph 2 –point d

~~(d) the person designated is independent of the other undertakings which call upon him or her to carry out transport operations or which carry out transport operations on his or her behalf.~~deleted

Amendment 127 #

Corien WORTMANN-KOOL, Johannes BLOKLAND

Proposal for a regulation
Article 4 – paragraph 3

3) The transport manager shall lose his or her good repute within the meaning of this Regulation if serious infringements or repeated infringements above a certain threshold among the infringements referred to in Article 6(1) are committed in the context of the transport activities which he or she manages.deleted

Amendment 128 #

Eva LICHTENBERGER, Jaromír KOHLÍČEK

Proposal for a regulation
Article 5 – point a

(a) have an establishment, situated in that Member State with premises in which it keeps its business documents, for the periods laid down by law and in particular all its accounting documents, personnel management documents and any other document on secure data supports, to which the authority competent to authorise the pursuit of the occupation must have access in order to verify compliance with the conditions provided for in this Regulation; while complying with all standards for the protection of personal data.

Amendment 129 #

Corien WORTMANN-KOOL

Proposal for a regulation
Article 5 – point b

b) have at its disposal vehicles, whether wholly owned or, for example, under a hire purchase, hire or leasing contract or under a purchase contract~~, which are registered in and which it uses in that Member State~~;

Amendment 130 #

Bogusław LIBERADZKI

Proposal for a regulation
Article 5 – point b

(b) have at its disposal vehicles, whether wholly owned or, for example, under a hire purchase, hire or leasing contract or under a purchase contract, which are registered in ~~and which it uses in~~ that Member State;

Amendment 131 #

Luis de GRANDES PASCUAL