Procedure lapsed or withdrawn
2008/0195(COD) Organisation of working time: persons performing mobile road transport activities (amend. Directive 2002/15/EC)
Lead committee dossier: EMPL/7/00128
Legal Basis TFEU 091, TFEU 153-p3
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | EMPL | BAUER Edit (PPE) | |
| Lead | EMPL | ||
| Opinion | TRAN | EL KHADRAOUI Saïd (S&D) | |
| Opinion | TRAN |
Legal Basis TFEU 091, TFEU 153-p3
Subjects
Activites
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2011/07/30
Proposal withdrawn by Commission
- DG {'url': 'http://ec.europa.eu/dgs/transport/index_en.htm', 'title': 'Mobility and Transport'}, KALLAS Siim
- #3024
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2010/06/24
Council Meeting
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3024
summary
The Commission informed the Council about the rejection by the European Parliament of the proposal for a modified directive on the working time of mobile road transport workers.The Parliament did not accept the exclusion of self-employed workers from the scope of the directive. Given this situation, the Commission announced that it would withdraw its proposal.Consequently the current directive remains applicable.
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3024
summary
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2010/06/16
Decision by Parliament, 1st reading/single reading
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T7-0221/2010
summary
The European Parliament adopted by 383 votes to 263 with 23 abstentions, a legislative resolution rejecting the proposal for a directive on amending Directive 2002/15/EC on the organization of working time of persons performing mobile road transport activities. The Parliament calls on the Commission to withdraw its proposal and take appropriate steps together with Parliament to submit a new proposal.
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T7-0221/2010
summary
- 2010/06/15 Debate in Parliament
- 2010/05/05 Committee report tabled for plenary, 1st reading/single reading
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2010/04/28
Vote in committee, 1st reading/single reading
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2009/10/19
Committee referral announced in Parliament, 1st reading/single reading
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2009/09/29
Additional information
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2009/05/05
Decision by Parliament, 1st reading/single reading
- 2009/05/04 Debate in Parliament
- #2935
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2009/03/30
Council Meeting
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2935
summary
The Council reached, in a public deliberation, a general approach on a proposal for a Directive amending Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities.When adopting Directive 2002/15/EC, the Council and the European Parliament agreed that it would in principle apply to all self-employed drivers from 23 March 2009 and the Commission was requested to present both institutions with a report at the latest two years before that date, followed by a legislative proposal. The Commission accordingly presented its proposal to amend Directive 2002/15/EC in October 2008.The text approved by the Council, in line with the principles of the Commission proposal, foresees that self-employed workers are to be excluded from the scope of the Directive. However, this should be without prejudice to the right of Member States to include those drivers and apply the provisions of Directive 2002/15/EC to them.In March 2009, the European Parliament's Employment and Social Affairs Committee rejected the Commission's proposal. It will be submitted for vote in a plenary session in May 2009.
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2935
summary
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2008/10/21
Committee referral announced in Parliament, 1st reading/single reading
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2008/10/15
Legislative proposal published
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COM(2008)0650
summary
PURPOSE: to amend Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities to enhance clarity, readability and enforceability of the current rules by providing a more precise definition of mobile workers including so called 'false' self-employed drivers.PROPOSED ACT: Directive of the European Parliament and of the Council.BACKGROUND: Directive 2002/15/EC became applicable on 23 March 2005. Its common rules ensure minimum social protection standards for mobile workers in the road transport sector and are perceived as an important step towards improving the health and safety protection of mobile workers in the sector.When adopting the Directive after a conciliation procedure, Council and Parliament agreed that it should in principle apply to self-employed drivers from 23 March 2009. In addition, the Commission is requested to present a report at the latest two years before that date to the European Parliament and the Council, followed by a legislative proposal based on the report, which would either define the modalities for the inclusion or exclude the self-employed drivers from the scope of the Directive.The Commission report concluded that there was not a decisive case for including self-employed drivers under the directive, but that it was important to address the issue of definitions and make them clear through an appropriate amendment that the notion of mobile worker covered by the directive also included the so-called 'false' self-employed drivers.CONTENT: the proposal introduces the following modifications without changing the overall purpose of the directive, namely social protection of workers and those who are assimilated to workers under the social rules in road transport. In particular, it:clarifies the scope: the Directive applies to all mobile workers as defined in Article 3(d) including the so called 'false' self-employed drivers, i.e. those drivers who are officially self-employed, but in fact are not free to organise their working activities. It does not cover genuine self-employed drivers who are not in the scope of the Directive;maintains the definition of 'working time' applicable to all drivers covered by the directive, but deletes the definition of "working time" for self-employed drivers as they fall out of the scope. In order to tackle the phenomenon of so called false self-employed, a more precise definition of 'mobile workers' is added and it makes the definition of "night work" applicable in practice;introduces common principles designed to ensure greater transparency and effectiveness of national enforcement regimes, common understanding of the rules and their equitable application;calls for greater cooperation between Member States' relevant authorities responsible for enforcement as well as for support from the Commission to facilitate the dialogue between enforcers and industry and between Member States to ensure common approach to the implementation of working time rules. All this aims at improving compliance with the Community rules and consequently at contributing to EU transport policy objectives.
- DG {'url': 'http://ec.europa.eu/dgs/transport/index_en.htm', 'title': 'Mobility and Transport'}, KALLAS Siim
-
COM(2008)0650
summary
Documents
- Legislative proposal published: COM(2008)0650
- Debate in Council: 2935
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A7-0137/2010
- Debate in Parliament: Debate in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0221/2010
- Debate in Council: 3024
| Amendments | Dossier |
| 200 |
2008/0195(COD)
2009/01/28
EMPL
80 amendments...
Amendment 10 #
Proposal for a directive – amending act Recital 2 (2) Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities establishes minimum requirements in relation to the organisation of working time in order to improve the health and safety protection of persons performing mobile road transport activities, to improve road safety and to align
Amendment 10 #
Proposal for a directive – amending act Recital 6 (6) As a consequence of differences in interpretation, application and weak enforcement of the provisions of Directive 2002/15/EC by the Member States and of a failure to adhere to the minimum working time standards by transport companies and drivers, competition is distorted, and the safety and health of drivers is jeopardized.
Amendment 11 #
Proposal for a directive - amending act Recital 6 (6) As a consequence of differences in interpretation, application and weak enforcement of the provisions of Directive 2002/15/EC by the Member States and of a failure to adhere to the minimum working time standards by transport companies and drivers, competition is distorted, and the safety and health of drivers is jeopardized.
Amendment 11 #
Proposal for a directive – amending act Recital 7 (7) I
Amendment 12 #
Proposal for a directive - amending act Recital 7 (7) In the light of the Commission report and the impact assessment, self-employed drivers should be
Amendment 12 #
Proposal for a directive – amending act Recital 7 (7) In the light of the Commission report and the impact assessment, self-employed drivers should be
Amendment 13 #
Proposal for a directive – amending act Recital 7 (7) I
Amendment 13 #
Proposal for a directive – amending act Recital 8 Amendment 14 #
Proposal for a directive - amending act Recital 8 Amendment 14 #
Proposal for a directive – amending act Recital 8 (8)
Amendment 15 #
Proposal for a directive – amending act Recital 8 (8)
Amendment 15 #
Proposal for a directive – amending act Recital 12 (12) It is therefore appropriate to modernise Directive 2002/15/EC in order to remedy shortcomings in the implementation, application and enforcement of the rules by
Amendment 16 #
Proposal for a directive - amending act Recital 10 (10) The Community legislation is only efficient and effective if it is implemented by all Member States, applied equally to all actors concerned
Amendment 16 #
Proposal for a directive – amending act Recital 14 a (new) (14a) In keeping with the general principles of Community law, the Member States should guarantee that the penalties imposed for non-compliance with this Directive are appropriate, effective, proportional and dissuasive.
Amendment 17 #
Proposal for a directive - amending act Recital 10 (10) The Community legislation is only efficient and effective if it is properly implemented by all Member States, applied equally to all actors concerned and controlled on a regular basis and in an efficient manner.
Amendment 17 #
Proposal for a directive – amending act Article 1 – point -1 (new) Directive 2002/15/EC Article 1 (-1) Article 1 reads as follows: The purpose of this directive shall be to establish minimum requirements in relation to the organisation of working time in order to improve health and safety protection of professionals performing mobile road transport activities, in particular as regards break times, rest times and periods of availability - without prejudice to their wages - and to improve road safety, with the resultant alignment of conditions of competition.
Amendment 18 #
Proposal for a directive - amending act Recital 11 (11) Monitoring compliance is a complex task with multiple actors and therefore it requires cooperation between Member States and the Commission,
Amendment 18 #
Proposal for a directive – amending act Article 1 – point 1 – point a Directive 2002/15/EC Article 2 – paragraph 1 1. The Directive shall apply to mobile workers
Amendment 19 #
Proposal for a directive - amending act Recital 12 (12) It is therefore appropriate to modernise Directive 2002/15/EC in order to remedy shortcomings in the implementation, application and enforcement of the rules by
Amendment 19 #
Proposal for a directive – amending act Article 1 – point 1 – point a Directive 2002/15/EC Article 2 – paragraph 1 – subparagraph 1 1. Th
Amendment 20 #
Proposal for a directive - amending act Recital 14 (14) This Directive respects fundamental rights and observes the principles specifically recognised in particular by the Charter of Fundamental Rights of the European Union. In particular it seeks to ensure the right of every worker to working conditions which respect his or her health and safety as well as the right to limitation of maximum working hours, to daily and weekly rest periods. In accordance with
Amendment 20 #
Proposal for a directive – amending act Article 1 – point 1 – point a Directive 2002/15/EC Article 2 – paragraph 1 – subparagraph 1 '1. The Directive shall apply to mobile workers
Amendment 21 #
Proposal for a directive - amending act Recital 14 a (new) (14a) In accordance with the general principles of Community law, Member States should ensure that penalties decided on in the event of non-compliance with this Directive are appropriate, effective and proportionate and have a deterrent effect.
Amendment 21 #
Proposal for a directive – amending act Article 1 – point 1 – point a Directive 2002/15/EC Article 2 – paragraph 1 – subparagraph 2 This Directive shall
Amendment 22 #
Proposal for a directive – amending act Article 1 – point -1 (new) Directive 2002/15/EC Article 1 (-1) Article 1 reads as follows: The purpose of this directive shall be to establish minimum requirements in relation to the organisation of working time in order to improve the health and safety protection of professionals performing mobile road transport activities, notably as regards break times, rest times or periods of availability - without prejudice to their wages - and to improve road safety, with the resultant alignment of conditions of competition.
Amendment 22 #
Proposal for a directive – amending act Article 1 – point 1 – point a Directive 2002/15/EC Article 2 – paragraph 1 – subparagraph 2 This Directive shall also apply to mobile workers
Amendment 23 #
Proposal for a directive – amending act Article 1 – point 1 − point a Directive 2002/15/EC Article 2 – paragraph 1 1. The Directive shall apply to mobile workers
Amendment 23 #
Proposal for a directive – amending act Article 1 – point 2 Directive 2002/15/EC Article 3 Amendment 24 #
Proposal for a directive - amending act Article 1 – point 1 – point a Directive 2002/15/EC Article 2– paragraph 1 1. Th
Amendment 24 #
Proposal for a directive – amending act Article 1 – point 2 – point a Directive 2002/15/EC Article 3 – point a – paragraph 2 Amendment 25 #
Proposal for a directive - amending act Article 1 – point 1 – point b Directive 2002/15/EC Article 2 – paragraphs 2 and 3 Amendment 25 #
Proposal for a directive – amending act Article 1 – point 2 – point a a (new) Directive 2002/15/EC Article 3 – point b – indent 2 a (new) (a-A) The following paragraph is inserted: 'This period should be considered for wage purposes.'
Amendment 26 #
Proposal for a directive – amending act Article 1 – point 1 – point c Directive 2002/15/EC Article 2 – paragraph 4 Amendment 26 #
Proposal for a directive – amending act Article 1 – point 2 – point b Directive 2002/15/EC Article 3 – point d Amendment 27 #
Proposal for a directive - amending act Article 1 – point 2 – point a Directive 2002/15/EC Article 3 – point a – point 2 Amendment 27 #
Proposal for a directive – amending act Article 1 – point 2 – point b Directive 2002/15/EC Article 3 – point d Amendment 28 #
Proposal for a directive – amending act Article 1 – point 2 – point a Directive 2002/15/EC Article 3 – point b (a)
Amendment 28 #
Proposal for a directive – amending act Article 1 – point 2 – point b a (new) Directive 2002/15/EC Article 3 – point d – subparagraph 1 a (new) Member States shall in general take account of all relevant information. Thus persons recognised as self-employed by other national and/or EU legislation (in relation to issues such as taxation, social) shall not be regarded as a mobile worker under this Directive.
Amendment 29 #
Proposal for a directive - amending act Article 1 – point 2 – point b Directive 2002/15/EC Article 3 – point d Amendment 29 #
Proposal for a directive – amending act Article 1 – point 2 – point c Directive 2002/15/EC Article 3 – point e Amendment 30 #
Proposal for a directive – amending act Article 1 – point 2 – point b Directive 2002/15/EC Article 3 – point h (b)
Amendment 30 #
Proposal for a directive – amending act Article 1 – point 2 – point d Directive 2002/15/EC Article 3 – point f Amendment 31 #
Proposal for a directive - amending act Article 1 – point 2 – point b Directive 2002/15/EC Article 3 – point d (b) The following sentence is added to point (d): "'mobile worker' shall also include any person who
Amendment 31 #
Proposal for a directive – amending act Article 1 – point 2 – point d a (new) Directive 2002/15/EC Article 3 – point g Amendment 32 #
Proposal for a directive - amending act Article 1 – point 2 – point b Directive 2002/15/EC Article 3 – point d (b) The following sentence is added to point (d): "'mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but: i who does not have the freedom to organise the relevant working activities
Amendment 32 #
Proposal for a directive – amending act Article 1 – point 2 – point d a (new) Directive 2002/15/EC Article 3 – point h (da) Point h is replaced by the following: “(h) ‘Night time’ shall mean the period [...] between 22.00 and 6.00;”
Amendment 33 #
Proposal for a directive – amending act Article 1 – point 2 –point c Directive 2002/15/EC Article 3 - point e Amendment 33 #
Proposal for a directive – amending act Article 1 – point 2 – point d a (new) Directive 2002/15/EC Article 3 – point h (d-A) A subparagraph (h) shall read as follows: '(h) 'The night period' is a period defined in national legislation between 8 p.m. and 7 a.m.;'
Amendment 34 #
Proposal for a directive - amending act Article 1 – point 2 –point c Directive 2002/15/EC Article 3 – point e Amendment 34 #
Proposal for a directive – amending act Article 1 – point 2 – point e Directive 2002/15/EC Article 3 – point i Amendment 35 #
Proposal for a directive – amending act Article 1 – point 2 – point d Directive 2002/15/EC Article 3 – point f Amendment 35 #
Proposal for a directive – amending act Article 1 – point 2 – point e Directive 2002/15/EC Article 3 – point i “(i) ‘night work’ shall mean work during a period of work
Amendment 36 #
Proposal for a directive - amending act Article 1 – point 2 – point d Directive 2002/15/EC Article 3 – point f Amendment 36 #
Proposal for a directive – amending act Article 1 – point 2 – point e Directive 2002/15/EC Article 3 – point i Amendment 37 #
Proposal for a directive - amending act Article 1 – point 2 – point d a (new) Directive 2002/15/EC Article 3 – point h (da) Article 3 (h) is amended as follows: (h) 'night time' shall mean the period between 00.00 and 06.00 hours;
Amendment 37 #
Proposal for a directive – amending act Article 1 – point 2 – point e Directive 2002/15/EC Article 3 – point i '(i) 'night work' shall mean work during a period of work which includes at least two hours work performed during the night
Amendment 38 #
Proposal for a directive - amending act Article 1 – point 2 –point d a (new) Directive 2002/15/EC Article 3 – point h (da) point (h)to read as follows: ‘(h) ‘Night time’ shall mean the period between 10.00 p.m. and 6.00 a.m.;’
Amendment 38 #
Proposal for a directive – amending act Article 1 – point 4 Directive 2002/15/EC Article 5 – paragraph 1 a (new) The following paragraph is inserted: 1-A. 'This period shall be taken into account for the purposes of wages.'
Amendment 39 #
Proposal for a directive – amending act Article 1 – point 2 –point e Directive 2002/15/EC Article 3 – point i Amendment 39 #
Proposal for a directive – amending act Article 1 – point 5 Directive 2002/15/EC Article 6 – paragraph 1 a (new) The following paragraph is added: 1-A. 'This period shall be taken into account for wage purposes.'
Amendment 40 #
Proposal for a directive - amending act Article 1 – point 2 – point e Directive 2002/15/EC Article 3 – point i (e) point (i) is replaced by the following: "(i) 'night work' shall mean work during a period of work which includes at least
Amendment 40 #
Proposal for a directive – amending act Article 1 – point 6 Directive 2002/15/EC Article 11 a – paragraph 1 (1) Member States shall organise a system of appropriate and regular monitoring and
Amendment 41 #
Proposal for a directive - amending act Article 1 – point 2 – point e Directive 2002/15/EC Article 3 – point i (e) point (i) is replaced by the following:
Amendment 41 #
Proposal for a directive – amending act Article 1 – point 6 Directive 2002/15/EC Article 11a – paragraph 1 (1) Member States shall organise a system of appropriate and regular monitoring and controls in order to guarantee the correct and consistent transposition and implementation of the rules contained in this Directive. They shall ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are
Amendment 42 #
Proposal for a directive - amending act Article 1 – point 2 – point e Directive 2002/15/EC Article 3 – point i (e) point (i) is replaced by the following:
Amendment 42 #
Proposal for a directive – amending act Article 1 – point 6 Directive 2002/15/EC Article 11a – paragraph 3 (3) Member States shall take the necessary measures to ensure that transport undertakings and mobile workers have access to information, assistance and advice in the field of working time rules and work organisation. The Member States shall endeavour to combat false self- employed work and to ensure that workers do not have recourse to forms of precarious contracting in the case of permanent work;
Amendment 43 #
Proposal for a directive - amending act Article 1 – point 2 – point e Directive 2002/15/EC Article 3 – point i (e) point (i) is replaced by the following: "(i) 'night work' shall mean work during a period of work which includes at least two hours work performed during night time, without prejudice to any financial consequences in terms of the salaries, as regulated by national legal provisions, employment contracts and collective agreements";
Amendment 44 #
Proposal for a directive – amending act Article 1 – point 4 Directive 2002/15/EC Article 5 – paragraph 1 (a) In Article 5(1) the reference ‘Regulation (EEC) No 3820/85’ is replaced by the reference ‘Regulation (EC) No 561/2006’. (b) The following paragraph is inserted: 'This period shall be taken into account for the purposes of wages.'
Amendment 45 #
Proposal for a directive – amending act Article 1 – point 5 Directive 2002/15/EC Article 6 (a) In Article 6 the reference "Regulation (EEC) No 3820/85" is replaced by the reference "Regulation (EC) No 561/2006". (b) The following paragraph is added: This period shall be taken into account for wage purposes.
Amendment 46 #
Proposal for a directive - amending act Article 1 – point 6 Directive 2002/15/EC Article 11 a – paragraph -1 (new) (-1)The onus is on Member States to enforce this Directive exclusively in respect of mobile workers registered on their own territory, given that cross- border roadside checks on working time are not feasible.
Amendment 47 #
Proposal for a directive – amending act Article 1 –point 6 Directive 2002/15/EC Article 11 a – paragraph 1 (1) Member States shall organise a system of appropriate and regular monitoring and controls in order to guarantee the correct and consistent transposition and implementation of the rules contained in this Directive. They shall ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are appropriate. Directive 2002/15/EC already establishes 'minimum requirements', since its transposition and implementation must not lead to a lower level of protection for workers or less compliance with more favourable conditions in individual Member States enshrined in general employment legislation or collective agreements;
Amendment 48 #
Proposal for a directive - amending act Article 1 –point 6 Directive 2002/15/EC Article 11 a – paragraph 1 (1) Member States shall organise a
Amendment 49 #
Proposal for a directive - amending act Article 1 –point 6 Directive 2002/15/EC Article 11 a – paragraph 1 (1) Member States shall organise a system of appropriate and regular monitoring and controls or a system by means of which abuses of the working-time rights of workers may be effectively reported and eliminated in order to guarantee the correct and consistent implementation of the rules contained in this Directive. They shall ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are appropriate.
Amendment 50 #
Proposal for a directive - amending act Article 1 –point 6 Directive 2002/15/EC Article 11 a – paragraph 2 a (new) (2a) In the event of non-compliance with this Directive, Member States shall provide for effective measures to ensure compliance; they shall ensure in particular that administrative or court procedures are available to help enforce compliance with the obligations resulting from this directive.
Amendment 51 #
Proposal for a directive – amending act Article 1 – point 6 Directive 2002/15/EC Article 11 a – paragraph 3 (3) Member States shall take the necessary measures to ensure that transport undertakings and mobile workers have access to information, assistance and advice in the field of working time rules
Amendment 52 #
Proposal for a directive - amending act Article 1 –point 6 Directive 2002/15/EC Article 11 a – paragraph 4 – point a (a) to reinforce administrative cooperation between their competent authorities, through the adoption of effective
Amendment 6 #
Proposal for a directive – amending act – The Committee on Transport and Tourism urges the Committee on Employment and Social Affairs, as the committee responsible, to propose that the Commission proposal be rejected
Amendment 7 #
Proposal for a directive – amending act Recital 1 a (new) (1a) Mobile workers which do not fall under the scope of application of 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 transport1 shall fall under the scope of application of this Directive. 1 OJ L 102, 11.4.2006, p. 1.
Amendment 8 #
Proposal for a directive – amending act Recital 2 (2) Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities
Amendment 9 #
Proposal for a directive – amending act Recital 4 a (new) source: PE-418.144
2010/02/03
TRAN
22 amendments...
Amendment 19 #
Proposal for a directive Recital 1 a (new) (1a) Mobile workers who do not fall under the scope of application of the driving time and rest period in Regulation (EC) No 561/2006 should fall under the scope of application of this Directive.
Amendment 20 #
Proposal for a directive Recital 4 a (new) (4a) Calls on the Commission and the Member States to consider the possibility of exchanging and scrutinising the best practices of Member States on how to identify and eliminate false self- employment.
Amendment 21 #
Proposal for a directive Recital 6 (6) As a consequence of differences in interpretation, application and enforcement of the provisions of Directive 2002/15/EC by the Member States and of a failure to adhere to the minimum working time standards by transport companies and drivers, competition is distorted, road safety is seriously affected and the safety and health of drivers is jeopardized.
Amendment 22 #
Proposal for a directive Recital 7 (7)
Amendment 23 #
Proposal for a directive Recital 8 (8)
Amendment 24 #
Proposal for a directive Recital 8 a (new) (8a) Given that, with regard to driving times and rest periods and related road safety, drivers, mobile workers and self- employed drivers are already covered by Regulation (EC) No 561/2006, it should be made clear that the provisions concerning the organisation of the working time of persons performing mobile road transport activities are primarily concerned with the protection of mobile workers.
Amendment 25 #
Proposal for a directive Recital 8 b (new) (8b) All drivers, mobile workers and self- employed drivers are covered by Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport. It is in the general interest that those rules on driving times and rest periods for all drivers be properly applied and their application efficiently monitored.
Amendment 26 #
Proposal for a directive Recital 12 a (new) (12a) With a view to keeping the administrative burden in connection with this Directive to a minimum and in order to adapt enforcement to technological progress, it is desirable to make use of various ITS applications.
Amendment 27 #
Proposal for a directive Recital 12 c (new) (12c) In order to further improve road safety, consideration should be given as to whether social legislation, in particular Regulation (EC) No 561/2006, should apply to all road transport situations, namely including vehicles under 3.5 tonnes used for business purposes.
Amendment 28 #
Proposal for a directive Recital 12 d (new) (12d) In order to avoid imposing unnecessary administrative burdens on self-employed drivers it is deemed appropriate for self-employed drivers to limit their recording obligation to records made with the use of a tachograph.
Amendment 29 #
Proposal for a directive Recital 12 e (new) (12e) Not complying with the definitions in Article 3(d) and Article 3(e) of this Directive, should be considered as a most serious infringement according to the provisions set out in Regulation (EC) No 1071/2009.
Amendment 30 #
Proposal for a directive Article 1- point 1 - point a Directive 2002/15/EC Article 2 – paragraph 1 1. The Directive shall apply to mobile workers
Amendment 31 #
Proposal for a directive Article 1 - point 1 - point a a (new) Directive 2002/15/EC Article 2 – paragraph 1 a (new) (aa) A new paragraph 1a is inserted in Article 2 as follows: 1a. At the latest two years after application of this Directive, the Commission shall present a report to the European Parliament and the Council, analysing the consequences of this Directive concerning mobile workers and self-employed drivers in respect of road safety, conditions of competition, the structure of the profession as well as social aspects.
Amendment 32 #
Proposal for a directive Article 1 - point 2 - point a Directive 2002/15/EC Article 3 – point a - subparagraph 2 (a) point (a) 2, first sentence is
Amendment 33 #
Proposal for a directive Article 1- point 2 -. point b Directive 2002/15/EC Article 3 – point d Amendment 34 #
Proposal for a directive Article 1 - point 2 - point d a (new) Directive 2002/15/EC Article 3– point h (da) point (h) is amended as follows: "(h) 'night time' shall mean the period between 22.00 and 06.00;"
Amendment 35 #
Proposal for a directive Article 1 – point 2 - point e Directive 2002/15/EC Article 3 – point i Amendment 36 #
Proposal for a directive Article 1 - point 5 a (new) Directive 2002/15/EC Article 9 – point b (5a) Article 9 paragraph b) is amended as follows: (b) without prejudice to Article 2(1), the working time of mobile workers shall be recorded. Records shall be kept for at least two years after the end of the period covered. Employers shall be responsible for recording the working time of mobile workers. Employers shall upon request provide mobile workers with copies of the records of hours worked.
Amendment 37 #
Proposal for a directive Article 1 - point 5 b (new) Directive 2002/15/EC Article 9 – point c (new) (5b) The following paragraph c) is inserted in Article 9: (c) the working time of self-employed drivers shall be recorded in accordance with the provisions of Articles 14(2) and 15(3) of Regulation (EEC) No 3821/85.
Amendment 38 #
Proposal for a directive Article 1 - point 5 c (new) Directive 2002/15/EC Article 10 a (new) (5c) The following article 10a is inserted: Article 10a: Liability of transport undertakings Undertakings, consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies shall ensure that persons performing mobile road transport activities fully respect the provisions of this Directive.
Amendment 39 #
Proposal for a directive Article 1 – point 6 - point 1 Directive 2002/15/EC Article 11 a – paragraph 1 (1) Member States shall organise a system of appropriate, non-discriminatory and regular monitoring and controls in order to guarantee the correct and consistent implementation of the rules contained in this Directive. They shall ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are appropriate.
Amendment 40 #
Proposal for a directive Article 1 - point 6 - point 1 a (new) Directive 2002/15/EC Article 11 a – paragraph 1a (new) (1a) Member States shall , based on Regulation (EEC) No 3821/85 integrate the use of the digital tachograph also for vehicle-related activities, of relevance to working time, such as loading and unloading of the vehicle and other activities.
source: PE-438.445
2010/02/09
EMPL
98 amendments...
Amendment 100 #
Proposal for a directive Article 1 – point 6 Directive2002/15/EC Article 11 a – paragraph 1 (1) Member States shall organise a system of appropriate and regular monitoring and controls in order to guarantee the correct and consistent transposition and implementation of the rules contained in this Directive. They shall ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are appropriate. Directive 2002/15/EC already establishes minimum requirements, since its transposition and implementation must not lead to a lower level of protection for workers or less compliance with more favourable conditions in individual Member States enshrined in general employment legislation or collective agreements.
Amendment 101 #
Proposal for a directive Article 1 – point 6 Directive 2002/15/EC Article 11 a – paragraph 1 (1) Member States shall organise a system of appropriate and regular monitoring and controls in order to guarantee the correct and consistent implementation of the rules contained in this Directive. They shall ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are appropriate.
Amendment 102 #
Proposal for a directive Article 1 – point 6 Directive 2002/15/EC Article 11 a – paragraph 1 1. Member States shall organise a system of appropriate and regular monitoring and controls including multi-agency cooperation in order to guarantee the correct and consistent implementation of the rules contained in this Directive. They shall ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are appropriate.
Amendment 103 #
Proposal for a directive Article 1 – point 6 – point 1 a (new) Directive 2002/15/EC Article 11 a (new) – paragraph 1 a (new) 1a. The Commission shall be given the power to adopt delegated acts in accordance with Article 290 TFEU as regards the frequency and modalities of the monitoring and controls referred to in paragraph 1.
Amendment 104 #
Proposal for a directive Article 1 – point 6 Directive 2002/15/EC Article 11 a – paragraph 2 2. Member States shall
Amendment 105 #
Proposal for a directive Article 1 – point 6 Directive 2002/15/EC Article 11 a – paragraph 3 (3) Member States shall take the necessary measures to ensure that transport undertakings and mobile workers have access to information, assistance and advice in the field of working time rules and work organisation. Member States shall endeavour to combat sham self- employment and ensure that precarious forms of employment are not adopted when the work to be carried out is permanent.
Amendment 106 #
Proposal for a directive Article 1 – point 6 Directive 2002/15/EC Article 11 a – paragraph 3 Amendment 107 #
Proposal for a directive Article 1 – point 6 Directive 2002/15/EC Article 11 a – paragraph 4 – point a (a) to reinforce administrative cooperation between their competent authorities, through the adoption of effective systems of exchange of information, the improvement of access to information and the promotion of exchange of information and
Amendment 108 #
Proposal for a directive Article 1 – point 6 a (new) Directive 2002/15/EC Article 11 b (new) (6a) The following Article 11b is inserted Article 11b Infringements Not complying with the definitions in article 3(d) and article 3(e) of this Regulation shall be considered as a ‘most serious infringement’ and shall therefore be subject to all the provisions set out under Regulation (EC) No 1071/2009 with regard to this type of infringement; Undertakings, consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies not complying with the definitions in Article 3(d) and Article 3(e) of this Regulation shall also be considered as a ‘most serious infringement’, and shall therefore be subject to all the provisions set out under Regulation (EC) No 1071/2009 with regard to this type of infringement;
Amendment 109 #
Proposal for a directive Article 1 – point 6 b (new) Directive 2002/15/EC Article 12 a (new) Amendment 110 #
Proposal for a directive Article 1 – point 6 c (new) Directive 2002/15/EC Article 12 b (new) (6c) The following Article 12b is inserted Article 12b Exercise of delegation 1. The power to adopt the delegated acts referred to in Article 11(1a) shall be conferred on the Commission for a period of 6 years following the entry into force of this Directive. The Commission shall make a report in respect of the delegated powers at the latest six months before the end of the six-year period, accompanied, where relevant, by a legislative proposal to extend the duration of the delegation of powers. 2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 3. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 12c and 12d.
Amendment 111 #
Proposal for a directive Article 1 – point 6 d (new) Directive 2002/15/EC Article 12 c (new) (6d) The following Article 12c is inserted: Article 12c Revocation of the delegation 1. The delegation of power referred to in Article 11(1a) may be revoked by the European Parliament or by the Council. 2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission, stating the delegated powers which could be subject to revocation. 3. The decision of revocation shall state the reasons for the revocation and shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.
Amendment 112 #
Proposal for a directive Article 1 – point 6 e (new) Directive 2002/15/EC Article 12 d (new) (6e) The following Article 12d is inserted: Article 12d Objections to delegated acts 1. The European Parliament or the Council may object to a delegated act within a period of three months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month. 2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal and shall enter into force at the date stated therein. 3. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
Amendment 113 #
Proposal for a directive Article 1 – point 8 a (new) Directive 2002/15/EC Article 13 – paragraph 2 a (new) (8a) In Article 13, the following paragraph 2 a is inserted: "2a. The Commission shall establish a method and content for reporting by Member States with regard to employment trends in the sector, the impact on fair competition, occupational health and safety and road safety; on the basis of these reports, the Commission will submit regular reports to the European Parliament and the Council; the Member States and the Commission shall report every two years on the above; The Commission shall also report (two years after the entry into force of the Directive) to the European Parliament and the Council on the measures adopted in terms of frequency and modalities of monitoring and control of working time."
Amendment 16 #
Proposal for a directive– amending act – The European Parliament rejects the Commission proposal.
Amendment 17 #
Proposal for a directive– amending act – The European Parliament rejects the Commission proposal
Amendment 18 #
Proposal for a directive– amending act – The European Parliament rejects the Commission proposal.
Amendment 19 #
Proposal for a directive– amending act Recital 1 a (new) (1a) Mobile workers who do not fall under the scope of application of 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 transport1 should fall under the scope of application of this Directive. 1 OJ L 102, 11.4.2006, p.1.
Amendment 20 #
Proposal for a directive– amending act Recital 2 (2) Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities establishes minimum requirements in relation to the organisation of working time in order to improve the health and safety protection of persons performing mobile road transport activities, to improve road safety and to align
Amendment 21 #
Proposal for a directive – amending act Recital 4 a (new) (4a) The Commission and Member States should exchange best practices in order to identify and eliminate false self employment;
Amendment 22 #
Proposal for a directive – amending act Recital 6 (6) As a consequence of differences in interpretation, application and weak enforcement of the provisions of Directive 2002/15/EC by the Member States and of a failure to adhere to the minimum working time standards by transport companies and drivers, competition is distorted, and the safety and health of drivers is jeopardized.
Amendment 23 #
Proposal for a directive Recital 6 a (new) (6a) The appearance and increase of the phenomenon of ‘false’ self-employed drivers should be noted. This constitutes a major obstacle to efforts to ensure a level playing field in the employment market and also exacerbates the phenomenon of undeclared employment, since the employers involved do not pay the relevant employers’ contributions. Appropriate measures must be taken to combat this phenomenon at national and European level, by strengthening controls and imposing penalties on the employers involved in such cases.
Amendment 24 #
Proposal for a directive Recital 7 Amendment 25 #
Proposal for a directive Recital 7 (7) In the light of the Commission report and the impact assessment, self-employed drivers should be
Amendment 26 #
Proposal for a directive Recital 7 (7) I
Amendment 27 #
Proposal for a directive Recital 7 (7)
Amendment 28 #
Proposal for a directive Recital 7 (7) In the light of the Commission report and the impact assessment, self-employed
Amendment 29 #
Proposal for a directive Recital 7 a (new) (7a) Self-employed entrepreneurs are not as yet subject to working time restrictions in any sector. One of their hallmarks is freedom to choose their working hours in a responsible manner. This freedom should be upheld in all sectors.
Amendment 30 #
Proposal for a directive Recital 8 Amendment 31 #
Proposal for a directive Recital 8 (8)
Amendment 32 #
Proposal for a directive Recital 8 (8)
Amendment 33 #
Proposal for a directive Recital 8 (8) Nevertheless, it is desirable that
Amendment 34 #
Proposal for a directive Recital 8 (8) Nevertheless, it is desirable that Member States continue to alert self- employed drivers of the adverse effects on health and safety as well as of negative impacts on road safety caused by excessively long working hours, inadequate rest or disruptive working patterns. If the rules on driving hours and rest periods laid down in Regulation (EC) No 561/2006 are violated to such an extent that there is a reason to believe that other working patterns of the self- employed driver could also have an adverse effect on road safety, Member States should take appropriate action to investigate the working patterns of that driver and, where appropriate, impose sanctions under national law.
Amendment 35 #
Proposal for a directive Recital 8 a (new) (8a) In order to increase safety on the road and because of the changes in the structure of haulage it seems consideration should be given to extending Regulation (EC) No 561/2006 to also cover, if justified by an impact assessment, drivers of goods vehicles of less than 3,5t, for example between 2,8t and 3,5t.
Amendment 36 #
Proposal for a directive Recital 8 a (new) (8a) Since loading and unloading form a part of the driver's work that can contribute to fatigue, consideration should be given to including those activities as an integral part of driving time. To this end, the Commission should, in the interest of enforcement, be encouraged to study the feasibility of automatic recording of the time used for loading and unloading by means of a digital tachograph.
Amendment 37 #
Proposal for a directive Recital 8 a (new) (8a) To improve road safety, the possibility of amending Regulation (EC) No 561/2006 should be examined to make rest periods more flexible so that goods vehicle drivers, without exceeding the two-weekly limit of 90 hours driving and while taking the corresponding daily and weekly rest periods, are permitted up to 12 daily driving periods before being obliged to take a weekly rest period.
Amendment 38 #
Proposal for a directive Recital 8 a (new) (8a) All drivers, mobile workers and self- employed drivers are covered by Regulation (EC) No 561/2006 on the harmonisation of certain social legislation relating to road transport. It is in the general interest that those rules on driving times and rest periods for all drivers be properly applied, their application efficiently monitored and failure to comply with the requirements of the Regulation appropriately penalised.
Amendment 39 #
Proposal for a directive Recital 8 a (new) (8a) Extension of the scope of Regulation (EC) No 561/2006 to vehicles of less than 3.5 tonnes is diametrically opposed to the European Union’s avowed objective of reducing bureaucracy without delay. Extension of the scope of Regulation (EC) No 561/2006 to vehicles of less than 3.5 tonnes is not being sought within the European Union.
Amendment 40 #
Proposal for a directive Recital 8 b (new) (8b) In order to increase safety on the road and because of the changes in the structure of haulage, consideration should be given to extending Regulation (EC) No 561/2006 to cover drivers of vehicles of less than 3.5t. which are duly used for business purposes.
Amendment 41 #
Proposal for a directive Recital 10 (10) The
Amendment 42 #
Proposal for a directive Recital 10 (10) The Community legislation is only efficient and effective if it is properly implemented by all Member States, applied equally to all actors concerned and controlled on a regular basis and in an efficient manner and if appropriate action is taken when infringements occur.
Amendment 43 #
Proposal for a directive Recital 10 (10) The Community legislation is only efficient and effective if it is implemented by all Member States, applied equally to all actors concerned and assessed and controlled on a regular basis and in an efficient manner.
Amendment 44 #
Proposal for a directive Recital 11 (11) Monitoring compliance is a complex task with multiple actors and therefore it requires timely provision of information, coordination and cooperation between Member States and the Commission, as well as between Member States themselves.
Amendment 45 #
Proposal for a directive Recital 11 (11) Monitoring compliance is a complex task with multiple actors and therefore it requires cooperation between Member States and the Commission, as well as between Member States themselves. The contribution of the social partners with regard to monitoring and compliance and enforcement should be considered.
Amendment 46 #
Proposal for a directive Recital 11 a (new) (11a) The Member States must ensure active and substantial participation by the social partners both in monitoring compliance with Directive 2002/15/EC and in the procedure to assess the results of such monitoring, and also in the information procedure.
Amendment 47 #
Proposal for a directive Recital 12 (12) It is therefore appropriate to modernise Directive 2002/15/EC in order effectively to remedy shortcomings in the implementation, application and enforcement of the rules by clarifying its scope, substantially reinforcing administrative cooperation among Member States to minimise unnecessary administrative burdens and promoting the exchange of information and
Amendment 48 #
Proposal for a directive Recital 12 (12) It is therefore appropriate to modernise Directive 2002/15/EC in order to remedy shortcomings in the implementation, application and enforcement of the rules by clarifying its scope, reinforcing administrative cooperation among Member States and promoting the exchange of information and
Amendment 49 #
Proposal for a directive Recital 12 a (new) (12a) With a view to improving the exchange of data, a European information exchange system should be developed. This could lead to the possibility in future of roadside controls on working time also being carried out in another Member State.
Amendment 50 #
Proposal for a directive Recital 12 b (new) (12b) In order to further improve road safety, it needs to be considered whether social legislation, in particular Regulation (EC) No 561/2006, should apply to all road transport situations, namely including vehicles under 3.5 tonnes used for business purposes.
Amendment 51 #
Proposal for a directive Recital 12 c (new) (12c) In order to avoid imposing unnecessary administrative burden on self-employed drivers it is deemed appropriate for self-employed drivers to limit their recording obligation to records made with use of a tachograph.
Amendment 52 #
Proposal for a directive Recital 14 a (new) (14a) The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty in respect of the frequency and modalities of the monitoring and control of working time.
Amendment 53 #
Proposal for a directive Article 1 – point -1 (new) Directive 2002/15/EC Article 1 (-1) Article 1 reads as follows: The purpose of this directive shall be to establish minimum requirements in relation to the organisation of working time in order to improve the health and safety protection of professionals performing mobile road transport activities, notably as regards break times, rest times or periods of availability - without prejudice to their wages - and to improve road safety, with the resultant alignment of conditions of competition.
Amendment 54 #
Proposal for a directive Article 1 – point 1 – subpoint a Directive 2002/15/EC Article 2 – paragraph 1 1. The Directive shall apply to mobile workers,
Amendment 55 #
Proposal for a directive Article 1 – point 1 – subpoint a Directive 2002/15/EC Article 2 – paragraph 1 1. The Directive shall apply to mobile workers
Amendment 56 #
Proposal for a directive Article 1 – point 1 – subpoint a Directive 2002/15/EC Article 2 – paragraph 1 1. Th
Amendment 57 #
Proposal for a directive Article 1 – point 1 – subpoint a Directive 2002/15/EC Article 2 – paragraph 1 1. The Directive shall apply to mobile workers
Amendment 58 #
Proposal for a directive Article 1 – point 1 – subpoint a Directive 2002/15/EC Article 2 – paragraph 1 Amendment 59 #
Proposal for a directive Article 1 – point 1 – subpoint a Directive 2002/15/EC Article 2 – paragraph 1 Amendment 60 #
Proposal for a directive Article 1 – point 1 - subpoint a Directive 2002/15/EC Article 2 – paragraph 1 a (new) 1a. This directive shall not apply to self- employed drivers.
Amendment 61 #
Proposal for a directive Article 1 – point 1 – subpoint b Directive 2002/15/EC Article 2 – paragraphs 2 and 3 Amendment 62 #
Proposal for a directive Article 1 – point 1 – subpoint c Directive 2002/15/EC Article 2 – paragraph 4 Amendment 63 #
Proposal for a directive Article 1 – point 2 – subpoint a Directive 2002/15/EC Article 3 – point a – paragraph 2 Amendment 64 #
Proposal for a directive Article 1 – point 2 – subpoint a Directive 2002/15/EC Article 3 – point a – paragraph 2 a) point (a) 2, first sentence is
Amendment 65 #
Proposal for a directive Article 1 – point 2 – subpoint a Directive 2002/15/EC Article 3 – point a – paragraph 2 (a)
Amendment 66 #
Proposal for a directive Article 1 – point 2 – subpoint a Directive 2002/15/EC Article 3 – point a – subpoint 2 Amendment 67 #
Proposal for a directive Article 1 – point 2 – subpoint a Directive 2002/15/EC Article 3 – point a – paragraph 2 Amendment 68 #
Proposal for a directive Article 1 – point 2 – subpoint a a (new) Directive 2002/15/EC Article 3 – point a – paragraph 2 (aa) ‘user undertaking’ means any natural or legal person for whom and under the supervision and direction of whom a driver is employed by;
Amendment 69 #
Proposal for a directive Article 1 – point 2 – subpoint b Directive 2002/15/EC Article 3 – paragraph 2 – point d Amendment 70 #
Proposal for a directive Article 1 – point 2 – subpoint b Directive 2002/15/EC Article 3 – paragraph 2 – point h (b)
Amendment 71 #
Proposal for a directive Article 1 – point 2 – subpoint b Directive 2002/15/EC Article 3 – point d Amendment 72 #
Proposal for a directive Article 1 – point 2 – subpoint b Directive 2002/15/EC Article 3 – paragraph 2 – point d (b) The following sentence is added to point (d): "'mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but: i who does not have the freedom to organise the relevant working activities
Amendment 73 #
Proposal for a directive Article 1 – point 2 – subpoint b Directive 2002/15/EC Article 3 – paragraph 2 – point d "'mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but
Amendment 74 #
Proposal for a directive Article 1 – point 2 – subpoint c Directive 2002/15/EC Article 3 – paragraph 2 – point e Amendment 75 #
Proposal for a directive Article 1 – point 2 – subpoint c Directive 2002/15/EC Article 3 – paragraph 2 – point e Amendment 76 #
Proposal for a directive Article 1 – point 2 – subpoint c Directive 2002/15/EC Article 3 – paragraph 2 – point e (c) point (e) is
Amendment 77 #
Proposal for a directive Article 1 – point 2 – subpoint c Directive 2002/15/EC Article 3 – paragraph 2 – point e (c) point (e) is
Amendment 78 #
Proposal for a directive Article 1 – point 2 – subpoint c Directive 2002/15/EC Article 3 – paragraph 2 – point e Amendment 79 #
Proposal for a directive Article 1 – point 2 – subpoint d Directive 2002/15/EC Article 3 – paragraph 2 – point f Amendment 80 #
Proposal for a directive Article 1 – point 2 – subpoint d Directive 2002/15/EC Article 3 – paragraph 2 – point f Amendment 81 #
Proposal for a directive Article 1 – point 2 – subpoint d Directive 2002/15/EC Article 3 – paragraph 2 – point f "(f) 'person performing mobile road
Amendment 82 #
Proposal for a directive Article 1 – point 2 – subpoint e Directive2002/15/EC Article 3 – paragraph 2 – point i Amendment 83 #
Proposal for a directive Article 1 – point 2 – subpoint e Directive 2002/15/EC Article 3 – paragraph 2 – point i "(i) 'night work' shall mean work during a period of work which includes at least
Amendment 84 #
Proposal for a directive Article 1 – point 2 – subpoint e Directive 2002/15/EC Article 3 – paragraph 2 – point i Amendment 85 #
Proposal for a directive Article 1 – point 2 – subpoint e Directive2002/15/EC Article 3 – paragraph 2 – point i Amendment 86 #
Proposal for a directive Article 1 – point 2 – subpoint e Directive2002/15/EC Article 3 – paragraph 2 – point i (e) point (i) is replaced by the following:
Amendment 87 #
Proposal for a directive Article 1 – point 2 – subpoint e Directive2002/15/EC Article 3 – paragraph 2 – point i (e) former point (i)
Amendment 88 #
Proposal for a directive Article 1 – point 2 – subpoint e Directive2002/15/EC Article 3 – point i (
Amendment 89 #
Proposal for a directive Article 1 – point 3 a (new) Directive2002/15/EC Article 4 – point b a (new) 3a) The following point (ba) is inserted in Article 4: the fixed period of working time referred to in Article 3 (a) (2) shall be one hour per week.
Amendment 90 #
Proposal for a directive Article 1 – point 3 a (new) Directive 2002/15/EC Article 4 – point b a (new) 3a. The following point (ba) is inserted into Article 4: “the fixed period of working time referred to in Article 3(a)(2) shall be equal to 3 hours per week”.
Amendment 91 #
Proposal for a directive Article 1 – point 3 a (new) Directive 2002/15/EC Article 4 – point b a (new) 3a. The following point (ba) is inserted into Article 4: “the fixed period of working time referred to in Article 3(a)(2) shall be equal to 3 hours per week”.
Amendment 92 #
Proposal for a directive Article 1 – point 4 Directive2002/15/EC Article 5 – paragraph 1 (a) In Article 5(1) the reference “Regulation (EEC) No 3820/85” is replaced by the reference “Regulation (EC) No 561/2006”. (b) The following paragraph is inserted: “This period shall be taken into account for the purposes of wages.”
Amendment 93 #
Proposal for a directive Article 1 – point 5 Directive2002/15/EC Article 6 (a) In Article 6 the reference "Regulation (EEC) No 3820/85" is replaced by the reference "Regulation (EC) No 561/2006
Amendment 94 #
Proposal for a directive Article 1 – point 5 a (new) Directive2002/15/EC Article 9 – point b (5a) Article 9 point b) is amended as follows: b) without prejudice to Article 2(1), the working time of mobile workers is recorded. Records shall be kept for at least two years after the end of the period covered. Employers shall be responsible for recording the working time of mobile workers. Employers shall upon request provide mobile workers with copies of the records of hours worked.
Amendment 95 #
Proposal for a directive Article 1 – point 5 b (new) Directive 2002/15/EC Article 9 – point b a (new) (5b) The following point c) is inserted in Article 9: (c) the working time of self-employed drivers shall be recorded in accordance with the provisions of Regulation (EEC) No 3821/85. Records shall be kept for at least two years after the end of the period covered.
Amendment 96 #
Proposal for a directive Article 1 – point 6 Directive 2002/15/EC Article 11 a – paragraph 1 1. Member States shall organise a
Amendment 97 #
Proposal for a directive Article 1 – point 6 Directive 2002/15/EC Article 11 a – paragraph 1 1. Member States shall organise a
Amendment 98 #
Proposal for a directive Article 1 – point 6 Directive 2002/15/EC Article 11 a – paragraph 1 1. Member States shall organise a
Amendment 99 #
Proposal for a directive Article 1 – point 6 Directive 2002/15/EC Article 11 a – paragraph 1 1. Member States shall organise a system of appropriate and regular monitoring and controls in order to guarantee the correct and consistent implementation of the rules contained in this Directive.
source: PE-431.178
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History
(these mark the time of scraping, not the official date of the change)
2015-01-08Show (2) Changes | Timetravel
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3.20.05 Road transport: passengers and freight
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Organisation of working time: persons performing mobile road transport activities (amend. Directive 2002/15/EC)New
Organisation of working time: persons performing mobile road transport activities |
2014-11-10Show (5) Changes
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