2008/2062(INI) | [ParlTrack]

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2008/2062(INI) Implementation of the social legislation relating to road transport

Role	Committee	Rapporteur	Shadows
Lead	EMPL	CERCAS Alejandro (PSE)
Opinion	TRAN	MARKOV Helmuth (GUE/NGL)

Lead committee dossier: EMPL/6/60373
Legal Basis RoP 052, RoP 052-p2

Subjects

Links

Activites

2008/10/09 Results of vote in Parliament
- Results of vote in Parliament
- T6-0475/2008 summary
  
  The European Parliament adopted by 382 votes to 232, with 36 abstentions a resolution on the implementation of social legislation relating to road transport.The own-initiative report had been tabled for consideration by Alejandro CERCAS (PES, ES) on behalf of the Committee on Employment and Social Affairs.The resolution regrets that considerable differences still remain in the application and enforcement of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport. Member States are urged to step up their efforts to guarantee efficient and uniform implementation of the improved social provisions. MEPs express concern at the shortcomings and delays in the transposition and implementation of Directive 2002/15/EC in some Member States and seek rapid clarification and comment from such Member States as to the reasons for non-implementation, together with an indication of what obstacles may still remain.Member States are invited to speed up the process of transposition and show the utmost diligence in implementing social legislation in the road transport sector, so as to properly comply with the general interests of road safety and the health and safety of drivers and provide a clear framework of fair competition. Concerned about the consistently high average number of infringements, particularly in the field of passenger transport, MEPs ask the Member States to improve their enforcement of the rules and to step up joint initiatives to encourage an exchange of information and personnel, together with coordinated controls.The European Commission is called on to:draw up the implementation reports required under Directive 2002/15/EC at the two-yearly intervals laid down, even though some Member States have not yet transposed the Directive's provisions into national law;display the utmost firmness in dealing with infringements of Community law by Member States as regards social provisions in the road transport sector, to provide for coercive measures in the event of failure to comply with provisions and to take preventive measures, if necessary via judicial process, to ensure strict compliance with Community law;propose by October 2008 guidelines for the uniform definition and classification of infringements under the comitology procedure set out in Regulation (EC) No 561/2006.When drawing up its official impact assessment in view of a legislative proposal modifying the Directive 2002/15/EC, the Commission should:give appropriate priority to the social dimension of road safety and the health and safety of drivers and other road users;take account of the difficult working conditions experienced by lorry drivers travelling through Europe arising from inadequate access to proper rest areas despite the fact that Article 12 of Regulation (EC) No 561/2006 expressly recognises the importance of a sufficient number of safe and secure rest areas for professional drivers along the Union's motorway network. The Commission is called upon to follow up the pilot project on safe and secure parking areas launched by the European Parliament, taking account of the measures recommended in the European Economic and Social Committee's opinion on 'European Road Safety Policy and Professional Drivers – Safe and secured parking places';give full consideration to the position expressed by Parliament and to its arguments for the full inclusion of self-employed drivers within the scope of Directive 2002/15/EC.MEPs call on the Commission to submit the relevant measures sufficiently well in advance to ensure that Directive 2002/15/EC as a whole, including all its elements, can enter fully into force on 23 March 2009 and that its scope is extended to include self-employed workers.Lastly, the Commission is invited to review traffic inspection procedures in each Member State and send Parliament a report thereon. In the event that inspection procedures restricting the free movement of goods or persons are detected, the Commission is called upon to review existing legislation and propose amendments, so as to ensure uniform traffic inspection procedures.
2008/10/08 Debate in Parliament
- Debate in Parliament
2008/09/18 Committee report tabled for plenary, single reading
- A6-0357/2008
2008/09/10 Vote in committee, 1st reading/single reading
2008/03/13 Committee referral announced in Parliament, 1st reading/single reading

Documents

Committee report tabled for plenary, single reading: A6-0357/2008
Debate in Parliament: Debate in Parliament
Results of vote in Parliament: Results of vote in Parliament
Decision by Parliament, 1st reading/single reading: T6-0475/2008

Amendments	Dossier
56	2008/2062(INI) 2008/06/04 TRAN 13 amendments... Amendment 1 # Elisabeth JEGGLE Draft opinion Recital C C. whereas ~~only~~ five Member States (Belgium, Germany, France, Luxembourg and Austria) increased the number of working days checked in 2003-2004, while the number of such days fell in the other Member States, nevertheless remaining above the prescribed minimum, Amendment 10 # Helmuth MARKOV Draft opinion Paragraph 5 a (new) 5a. Calls on the Commission to table a further study on the behaviour in traffic of goods vehicles less than 3.5 tonnes with reference to road safety developments since the entry into force of Directive 2006/22/EC and Regulation EC No 561/2006; Amendment 11 # Silvia-Adriana ȚICĂU Draft opinion Paragraph 5 a (new) 5a. Calls on the Commission and Member States to take the necessary measures to ensure adequate investment for road transport infrastructural development; in this context, the construction of secure parking facilities should be a priority; Amendment 12 # Mathieu GROSCH Draft opinion Paragraph 5 a (new) 5a. Urges the Commission to review administrative requirements in terms of efficiency and simplification; Amendment 13 # Mathieu GROSCH Draft opinion Paragraph 5 b (new) 5b. Calls on the Commission in general to take measures seeking to ensure enforcement and monitoring; Amendment 2 # Silvia-Adriana ȚICĂU Draft opinion Recital D a (new) Da. whereas compliance with social provisions in the road transport sector is conditioned by both the state and level of development of road infrastructures, Amendment 3 # Elisabeth JEGGLE Draft opinion Paragraph 1 1. Regrets that ~~the number of working days checked in the large majority of Member States has fallen and that~~ continuing considerable differences still remain in the application and enforcement of the Regulation; notes that ~~this fall is not the result of inadequate organisation, but ch~~Member States must step up their efforts to guaracnte~~rises a certain laissez-faire policy with regard to compliance with social security regulations on the road~~e efficient and uniform implementation of the improved social provisions; Amendment 4 # Elisabeth JEGGLE Draft opinion Paragraph 2 2. Is concerned at the consistently high average number of infringements, particularly in passenger transport, and looks to the Member States to improve enforcement of the rules; calls on the Member States to step up joint initiatives to encourage an exchange of information and personnel, together with coordinated controls; Amendment 5 # Silvia-Adriana ȚICĂU Draft opinion Paragraph 2 a (new) 2a. Urges the Commission to propose, on the basis of consultation with the social partners, an amendment to EU legislation concerning driving and resting periods, with a view to reinstating the 12-day derogation for coach drivers occasionally engaged in international passenger transport; Amendment 6 # Silvia-Adriana ȚICĂU Draft opinion Paragraph 2 b (new) 2b. Calls on the Commission to review traffic inspection procedures in each Member State and forward to the European Parliament a report thereon; if inspection procedures restricting the free movement of goods or persons are detected, calls on the Commission to review existing legislation and propose amendments, so as to ensure uniform traffic inspection procedures; Amendment 7 # Helmuth MARKOV Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission, under the comitology procedure set out in Regulation (EC) No 561/2006, to propose guidelines for the uniform definition and classification of infringements by October 2008; Amendment 8 # Philip BRADBOURN Draft opinion Paragraph 5 5. Criticises the delays in the implementation and enforcement of Directive No 2002/15/EC, which should have been transposed into national law by 23 March 2005; calls for the temporary exemption for self-employed persons to be abolished on schedule from 2009 and for the maximum number of hours worked in a two- week period to be set at 100.deleted Amendment 9 # Philip BRADBOURN Draft opinion Paragraph 5 a (new) 5a. Calls for a continued derogation for the self-employed from this Regulation; source: PE-407.684 2008/06/05 EMPL 43 amendments... Amendment 1 # Alejandro CERCAS Motion for a resolution Citation 8 a (new) - having regard to the opinion of the European Economic and Social Committee on the organisation of working time for self-employed workers in the road transport sector (TEN/326), Amendment 10 # Petru FILIP Motion for a resolution Recital H H. whereas it is important to eliminate disparities between the Member States and help to ensure fair competition in the road transport sector by, including self-employed drivers, by means of harmonisation in this sector, Amendment 11 # Anna IBRISAGIC Motion for a resolution Recital H a (new) Ha. whereas, since self-employed drivers are already covered by national health and safety regulation, additional Community legislation will merely lead to an increase in red tape and impose another regulatory burden on the self- employed, without offering any particular advantage in terms of the health of workers or road safety, Amendment 12 # Anna IBRISAGIC Motion for a resolution Recital I ~~I. whereas it is important for the scope of the regulation to remain consistent with regard to the length of driving time and rest periods, with no distinctions between drivers,~~deleted Amendment 13 # Philip BUSHILL-MATTHEWS Motion for a resolution Recital I ~~I. whereas it is important for the scope of the regulation to remain consistent with regard to the length of driving time and rest periods, with no distinctions between drivers,~~deleted Amendment 14 # Anna IBRISAGIC Motion for a resolution Recital J ~~J. whereas restricting working time in the road transport sector will have much greater benefits in terms of road safety if self-employed drivers are included,~~deleted Amendment 15 # Philip BUSHILL-MATTHEWS Motion for a resolution Recital J ~~J. whereas restricting working time in the road transport sector will have much greater benefits in terms of road safety if self-employed drivers are included,~~deleted Amendment 16 # Anna IBRISAGIC Motion for a resolution Recital K K. whereas the inclusion of self-employed drivers will not detract from their capacity or the need to perform administrative or managerial duties for their company, since, for the purposes of the directive, working time is confined to activities related directly to road transport,deleted Amendment 17 # Philip BUSHILL-MATTHEWS Motion for a resolution Recital K K. whereas the inclusion of self-employed drivers will not detract from their capacity or the need to perform administrative or managerial duties for their company, since, for the purposes of the directive, working time is confined to activities related directly to road transport,deleted Amendment 18 # Anna IBRISAGIC Motion for a resolution Recital L L. whereas the social actors represented on the European Economic and Social Committee are broadly in agreement on including self-employed workers, so as to ensure equal treatment for all workers in the sector, prevent distortions of competition and promote better working conditions,deleted Amendment 19 # Philip BUSHILL-MATTHEWS Motion for a resolution Recital L L. whereas the social actors represented on the European Economic and Social Committee are broadly in agreement on including self-employed workers, so as to ensure equal treatment for all workers in the sector, prevent distortions of competition and promote better working conditions,deleted Amendment 2 # Petru FILIP Motion for a resolution Recital A A. whereas it is in the general interest that the rules on working time, driving time and rest periods for both mobile workers and self-employed drivers should be properly applied; whereas verification of compliance with these rules should be the exclusive responsibility of persons specialising in this area; whereas this measure is necessary owing to the various possibilities of evading the relevant provisions; Amendment 20 # Anna IBRISAGIC Motion for a resolution Recital M M. whereas the European Court of Justice has clearly established the doctrine that Article 71 of the EC Treaty offers a sufficient legal basis for applying the directive to self-employed workers, precisely because it contributes to the objectives of road safety and the approximation of conditions of competition,deleted Amendment 21 # Philip BUSHILL-MATTHEWS Motion for a resolution Recital M M. whereas the European Court of Justice has clearly established the doctrine that Article 71 of the EC Treaty offers a sufficient legal basis for applying the directive to self-employed workers, precisely because it contributes to the objectives of road safety and the approximation of conditions of competition,deleted Amendment 22 # Marie PANAYOTOPOULOS-CASSIOTOU Motion for a resolution Recital M M. whereas the European Court of Justice has clearly established the doctrine that Article 71 of the EC Treaty offers a sufficient legal basis for applying the directive to self-employed workers, precisely because it contributes to the objectives of road safety and the approximation of conditions of competition,deleted Amendment 23 # Philip BUSHILL-MATTHEWS Motion for a resolution Recital P (new) Pa. whereas all workers, including the self-employed, are covered by national health and safety legislation, Amendment 24 # Philip BUSHILL-MATTHEWS Motion for a resolution Paragraph 1 1. Expresses concern at the shortcomings and delays in the transposalition and implementation of Directive 2002/15/EC in some Member States; seeks rapid clarification and comment from such Member States as to the reasons for non- implementation, together with an indication of what obstacles may still remain; Amendment 25 # Ilda FIGUEIREDO Motion for a resolution Paragraph 1 a (new) 1a. Points out that Directive 2002/15/CE establishes 'minimum requirements' and its transposition must not lead to a lower level of protection for workers or less compliance with more favourable conditions in individual Member States resulting from general employment legislation orcollective agreements, Amendment 26 # Petru FILIP Motion for a resolution Paragraph 2 2. Calls on the Member States to speed up the process of transposition and show the utmost diligence in ~~transpos~~implementing social legislation in the road transport sector ~~into national law and implement it~~, so as to properly comply with the general interests of road safety and the health and safety of drivers and provide a clear framework of fair competition; Amendment 27 # Anna IBRISAGIC Motion for a resolution Paragraph 2 2. Calls on the Member States to ~~show the utmost diligence in transposing social legislation in the road transport sector into national law and implement it, so as to~~ properly comply with the general interests of road safety and the health and safety of drivers and provide a clear framework of fair competition in national legislation; Amendment 28 # Petru FILIP Motion for a resolution Paragraph 4 4. Calls on the Commission to display the utmost firmness in dealing with infringements of European law by Member States as regards social provisions in the road transport sector, to provide for coercive measures in the event of failure to comply with provisions and to take preventive measures, if necessary via judicial process, to ensure strict compliance with Community law; Amendment 29 # Ilda FIGUEIREDO Motion for a resolution Paragraph 4 a (new) 4a. Calls on the Member States to adopt legislation penalising undertakings that make use of precarious forms of employment when the work to be carried out is permanent; Amendment 3 # Ilda FIGUEIREDO Motion for a resolution Recital B a (new) Ba. whereas Article 10 of Directive 2002/15/CE lays down that 'implementation of this Directive shall not constitute valid grounds for reducing the general level of protection afforded to workers', Amendment 30 # Motion for a resolution Paragraph 5 5. Calls on the Commission to give appropriate priority to the social dimension of road safety and the health and safety of drivers and other road users ahead of all other considerations, when drawing up its official impact assessment; Amendment 31 # Philip BUSHILL-MATTHEWS Motion for a resolution Paragraph 5 5. Calls on the Commission to give appropriate priority to the social dimension of road safety and the health and safety of drivers ~~ahead of all other considerations~~, when drawing up its official impact assessment; Amendment 32 # Marie PANAYOTOPOULOS-CASSIOTOU Motion for a resolution Paragraph 5 5. Calls on the Commission to ~~give priority to~~take account of the social dimension of road safety and the health and safety of drivers ~~ahead of~~in connection with all other considerations, when drawing up its official impact assessment; Amendment 33 # Anne E. JENSEN Motion for a resolution Paragraph 5 a (new) 5 a. Calls on the Commission, when drawing up its official impact assessment, to take account of the difficult working conditions experienced by lorry drivers travelling through Europe owing to inadequate access to proper rest areas despite the fact that Article 12 of Regulation (EC) No. 561/20061 on driving and rest periods expressly recognises the importance of a sufficient number of safe and secured rest areas for professional drivers along the EU motorway network; calls, therefore, on the Commission to follow up the pilot project on safe and secured parking areas launched by the European Parliament, by taking account of the measures recommended in the Economic and Social Committee's opinion on the "European Road Safety Policy and Professional Drivers — Safe and secured parking places" 2; Amendment 34 # Philip BUSHILL-MATTHEWS Motion for a resolution Paragraph 6 6. Calls on the Commission, when drawing up its official impact assessment, 1 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 (deleted OJ LC 1~~02, 11.4.~~75, 27.7. 20067, p. 1). 2 to give proper consideration to the position expressed by Parliament and its arguments for the full inclusion of self- employed drivers within the scope of the Directive after the transitional period;88. Amendment 35 # Anna IBRISAGIC Motion for a resolution Paragraph 6 6. Calls on the Commission~~, when drawing up its official impact assessment, to give proper consideration to the position expressed by Parliament and its arguments for the full in~~ to swiftly complete its impact assessment, which should serve as the basis for decisions as to what action; if any, is to be taken regarding the exclusion of self- employed drivers ~~within~~from the scope of ~~the~~ Directive ~~after the transitional period~~2002/15/E; Amendment 36 # Mary Lou McDONALD Motion for a resolution Paragraph 6 6. Calls on the Commission, when drawing up its official impact assessment, to give ~~proper~~full consideration to the position expressed by Parliament and its arguments for the full inclusion of self-employed drivers within the scope of the Directive after the transitional period as laid down in Article 2 of the Directive; Amendment 37 # Philip BUSHILL-MATTHEWS Motion for a resolution Paragraph 7 7. Calls on the Commission, when drawing up its official impact assessment, to take into account the general view within the transport sector that self-employed drivers should be included and ~~the fact~~considers that it would be extremely difficult from a legal point of view to identify and pursue ‘bogus’ self-employed workers, not to mention the practical and bureaucratic difficulties that would have to be overcome to prevent this concept from being widely exploited to evade the restrictions on working days; Amendment 38 # Marie PANAYOTOPOULOS-CASSIOTOU Motion for a resolution Paragraph 7 7. Calls on the Commission, when drawing up its official impact assessment, to ~~take into account~~explore the general view within the transport sector that self-employed drivers should be included and the fact that it would be extremely difficult from a legal point of view to identify and pursue ‘bogus’ self-employed workers, not to mention the practical and bureaucratic difficulties that would have to be overcome to prevent this concept from being widely exploited to evade the restrictions on working daysand those who only claim that status formally should be included; Amendment 39 # Anna IBRISAGIC Motion for a resolution Paragraph 8 8. Calls on the Commission to submit the relevant measures sufficiently well in advance to ensure that the directive as a whole, including all its elements, can enter fully into force on 23 March 2009 and that its scope is extended to include self-employed workers;deleted Amendment 4 # Ilda FIGUEIREDO Motion for a resolution Recital D D. whereas two years after the end of the transitional period for the transposal of Directive 2002/15/EC there are still some Member States which have not transposed all of its provisions or whose inadequate transposition has had serious adverse effects on workers, Amendment 40 # Philip BUSHILL-MATTHEWS Motion for a resolution Paragraph 8 8. Calls on the Commission to submit the relevant measures sufficiently well in advance to ensure that the directive as a whole, including all its elements, can enter fully into force on 23 March 2009 and that its scope is extended to include self-employed workers;deleted Amendment 41 # Mary Lou McDONALD Motion for a resolution Paragraph 8 8. CRegrets that the Commission did not make good use of the seven-year transitional period beginning in 2002 to put forward proposals and suggest best practices as to how to bring self-employed drivers within the scope of the Directive by 2009, with the consequence that problems and conflicts (such as losses of earnings) will be borne by drivers, and that it even uses it s own inactivity as an argument for postponing the inclusion of self-employed drivers within the scope of the Directive; furthermore, regrets the shift from a social to an economic outlook and calls on the Commission to submit the relevant measures sufficiently well in advance to ensure that the directive as a whole, including all its elements, can enter fully into force on 23 March 2009 and that its scope is extended to include self- employed workers; Amendment 42 # Petru FILIP Motion for a resolution Paragraph 8 8. Calls on the Commission to submit the relevant measures and steps to be taken and to inform the Member States thereof sufficiently well in advance to ensure that the directive as a whole, including all its elements, can enter fully into force on 23 March 2009 and that its scope is extended to include self- employed workers; Amendment 43 # Philip BUSHILL-MATTHEWS Motion for a resolution Paragraph 8 a (new) 8a. Calls on the Commission to ensure that impact assessments are completed with urgency, so that an objective analysis can be concluded without further delay of what changes, if any, should be considered; Amendment 5 # Philip BUSHILL-MATTHEWS Motion for a resolution Recital E E. whereas self-employed drivers have been excluded from the scope of Directive 2002/15/EC ~~on a temporary basis until~~until at least 23 March 2009, Amendment 6 # Anna IBRISAGIC Motion for a resolution Recital E E. whereas self-employed drivers have been excluded from the scope of Directive 2002/15/EC ~~on a temporary basis~~ until 23 March 2009, Amendment 7 # Philip BUSHILL-MATTHEWS Motion for a resolution Recital G G. whereas Parliament has pointed on various occasions to the importance of a~~voiding fragmentation of the industry as a result of the~~ddressing the industry malpractice of classifying of many employees (falsely) as self- employed drivers, Amendment 8 # Philip BUSHILL-MATTHEWS Motion for a resolution Recital H ~~H. whereas it is important to eliminate disparities between the Member States and help to ensure fair competition in the road transport sector by including self- employed drivers,~~deleted Amendment 9 # Anna IBRISAGIC Motion for a resolution Recital H H. whereas it is important to eliminate disparities between the Member States and help to ensure fair competition in the road transport ~~sector by including self- employed drivers~~, source: PE-406.118

Amendments

Dossier

2008/2062(INI)

2008/06/04 TRAN 13 amendments...

Amendment 1 #

Elisabeth JEGGLE

Draft opinion
Recital C

C. whereas ~~only~~ five Member States (Belgium, Germany, France, Luxembourg and Austria) increased the number of working days checked in 2003-2004, while the number of such days fell in the other Member States, nevertheless remaining above the prescribed minimum,

Amendment 10 #

Helmuth MARKOV

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Commission to table a further study on the behaviour in traffic of goods vehicles less than 3.5 tonnes with reference to road safety developments since the entry into force of Directive 2006/22/EC and Regulation EC No 561/2006;

Amendment 11 #

Silvia-Adriana ȚICĂU

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Commission and Member States to take the necessary measures to ensure adequate investment for road transport infrastructural development; in this context, the construction of secure parking facilities should be a priority;

Amendment 12 #

Mathieu GROSCH

Draft opinion
Paragraph 5 a (new)

5a. Urges the Commission to review administrative requirements in terms of efficiency and simplification;

Amendment 13 #

Mathieu GROSCH

Draft opinion
Paragraph 5 b (new)

5b. Calls on the Commission in general to take measures seeking to ensure enforcement and monitoring;

Amendment 2 #

Silvia-Adriana ȚICĂU

Draft opinion
Recital D a (new)

Da. whereas compliance with social provisions in the road transport sector is conditioned by both the state and level of development of road infrastructures,

Amendment 3 #

Elisabeth JEGGLE

Draft opinion
Paragraph 1

1. Regrets that ~~the number of working days checked in the large majority of Member States has fallen and that~~ continuing considerable differences still remain in the application and enforcement of the Regulation; notes that ~~this fall is not the result of inadequate organisation, but ch~~Member States must step up their efforts to guaracnte~~rises a certain laissez-faire policy with regard to compliance with social security regulations on the road~~e efficient and uniform implementation of the improved social provisions;

Amendment 4 #

Elisabeth JEGGLE

Draft opinion
Paragraph 2

2. Is concerned at the consistently high average number of infringements, particularly in passenger transport, and looks to the Member States to improve enforcement of the rules; calls on the Member States to step up joint initiatives to encourage an exchange of information and personnel, together with coordinated controls;

Amendment 5 #

Silvia-Adriana ȚICĂU

Draft opinion
Paragraph 2 a (new)

2a. Urges the Commission to propose, on the basis of consultation with the social partners, an amendment to EU legislation concerning driving and resting periods, with a view to reinstating the 12-day derogation for coach drivers occasionally engaged in international passenger transport;

Amendment 6 #

Silvia-Adriana ȚICĂU

Draft opinion
Paragraph 2 b (new)

2b. Calls on the Commission to review traffic inspection procedures in each Member State and forward to the European Parliament a report thereon; if inspection procedures restricting the free movement of goods or persons are detected, calls on the Commission to review existing legislation and propose amendments, so as to ensure uniform traffic inspection procedures;

Amendment 7 #

Helmuth MARKOV

Draft opinion
Paragraph 4 a (new)

4a. Calls on the Commission, under the comitology procedure set out in Regulation (EC) No 561/2006, to propose guidelines for the uniform definition and classification of infringements by October 2008;

Amendment 8 #

Philip BRADBOURN

Draft opinion
Paragraph 5

5. Criticises the delays in the implementation and enforcement of Directive No 2002/15/EC, which should have been transposed into national law by 23 March 2005; calls for the temporary exemption for self-employed persons to be abolished on schedule from 2009 and for the maximum number of hours worked in a two- week period to be set at 100.deleted

Amendment 9 #

Philip BRADBOURN

Draft opinion
Paragraph 5 a (new)

5a. Calls for a continued derogation for the self-employed from this Regulation;

source: PE-407.684

2008/06/05 EMPL 43 amendments...

Amendment 1 #

Alejandro CERCAS

Motion for a resolution
Citation 8 a (new)

- having regard to the opinion of the European Economic and Social Committee on the organisation of working time for self-employed workers in the road transport sector (TEN/326),

Amendment 10 #

Petru FILIP

Motion for a resolution
Recital H

H. whereas it is important to eliminate disparities between the Member States and help to ensure fair competition in the road transport sector by, including self-employed drivers, by means of harmonisation in this sector,

Amendment 11 #

Anna IBRISAGIC

Motion for a resolution
Recital H a (new)

Ha. whereas, since self-employed drivers are already covered by national health and safety regulation, additional Community legislation will merely lead to an increase in red tape and impose another regulatory burden on the self- employed, without offering any particular advantage in terms of the health of workers or road safety,

Amendment 12 #

Anna IBRISAGIC

Motion for a resolution
Recital I

~~I. whereas it is important for the scope of the regulation to remain consistent with regard to the length of driving time and rest periods, with no distinctions between drivers,~~deleted

Amendment 13 #

activities	date: 2008-03-13T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: EMPL date: 2008-01-22T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: CERCAS Alejandro body: EP responsible: False committee: TRAN date: 2007-11-20T00:00:00 committee_full: Transport and Tourism rapporteur: group: GUE/NGL name: MARKOV Helmuth date: 2008-09-10T00:00:00 body: EP committees: body: EP responsible: True committee: EMPL date: 2008-01-22T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: CERCAS Alejandro body: EP responsible: False committee: TRAN date: 2007-11-20T00:00:00 committee_full: Transport and Tourism rapporteur: group: GUE/NGL name: MARKOV Helmuth type: Vote in committee, 1st reading/single reading date: 2008-09-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-357&language=EN type: Committee report tabled for plenary, single reading title: A6-0357/2008 body: EP type: Committee report tabled for plenary, single reading date: 2008-10-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20081008&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament date: 2008-10-09T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16066&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-475 type: Decision by Parliament, 1st reading/single reading title: T6-0475/2008 body: EP type: Results of vote in Parliament
commission	body: EC dg: Employment, Social Affairs and Inclusion commissioner: ŠPIDLA Vladimír
committees/0	type Responsible Committee body EP associated False committee_full Employment and Social Affairs committee EMPL date 2008-01-22T00:00:00 rapporteur name: CERCAS Alejandro group: Socialist Group in the European Parliament abbr: PSE
committees/0	body EP responsible True committee EMPL date 2008-01-22T00:00:00 committee_full Employment and Social Affairs rapporteur group: PSE name: CERCAS Alejandro
committees/1	type Committee Opinion body EP associated False committee_full Transport and Tourism committee TRAN date 2007-11-20T00:00:00 rapporteur name: MARKOV Helmuth group: European United Left/Nordic Green Left abbr: GUE/NGL
committees/1	body EP responsible False committee TRAN date 2007-11-20T00:00:00 committee_full Transport and Tourism rapporteur group: GUE/NGL name: MARKOV Helmuth
docs	date: 2008-05-07T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE405.774 title: PE405.774 type: Committee draft report body: EP date: 2008-06-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE406.118 title: PE406.118 type: Amendments tabled in committee body: EP date: 2008-07-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE405.841&secondRef=02 title: PE405.841 committee: TRAN type: Committee opinion body: EP date: 2008-09-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-357&language=EN title: A6-0357/2008 type: Committee report tabled for plenary, single reading body: EP date: 2009-01-30T00:00:00 docs: url: /oeil/spdoc.do?i=16066&j=0&l=en title: SP(2008)6975 type: Commission response to text adopted in plenary
events	date: 2008-03-13T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP date: 2008-09-10T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Employment and Social Affairs adopted an own initiative report by Alejandro CERCAS (PES, ES) on the implementation of social legislation relating to road transport. T he report regrets that considerable differences still remain in the application and enforcement of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport. Member States are urged to step up their efforts to guarantee efficient and uniform implementation of the improved social provisions. MEPs express concern at the shortcomings and delays in the transposition and implementation of Directive 2002/15/EC in some Member States and seek rapid clarification and comment from such Member States as to the reasons for non-implementation, together with an indication of what obstacles may still remain. Member States are invited to speed up the process of transposition and show the utmost diligence in implementing social legislation in the road transport sector, so as to properly comply with the general interests of road safety and the health and safety of drivers and provide a clear framework of fair competition. Concerned about the consistently high average number of infringements, particularly in the field of passenger transport, MEPs ask the Member States to improve their enforcement of the rules and to step up joint initiatives to encourage an exchange of information and personnel, together with coordinated controls. The European Commission is called on to : draw up the implementation reports required under Directive 2002/15/EC at the two-yearly intervals laid down, even though some Member States have not yet transposed the Directive's provisions into national law; display the utmost firmness in dealing with infringements of Community law by Member States as regards social provisions in the road transport sector, to provide for coercive measures in the event of failure to comply with provisions and to take preventive measures, if necessary via judicial process, to ensure strict compliance with Community law; propose by October 2008 guidelines for the uniform definition and classification of infringements under the comitology procedure set out in Regulation (EC) No 561/2006. When drawing up its official impact assessment in view of a legislative proposal modifying the Directive 2002/15/EC, the Commission should: give appropriate priority to the social dimension of road safety and the health and safety of drivers and other road users; take account of the difficult working conditions experienced by lorry drivers travelling through Europe arising from inadequate access to proper rest areas despite the fact that Article 12 of Regulation (EC) No 561/2006 expressly recognises the importance of a sufficient number of safe and secure rest areas for professional drivers along the Union's motorway network. The Commission is called upon to follow up the pilot project on safe and secure parking areas launched by the European Parliament, taking account of the measures recommended in the European Economic and Social Committee's opinion on 'European Road Safety Policy and Professional Drivers – Safe and secured parking places'; give full consideration to the position expressed by Parliament and to its arguments for the full inclusion of self-employed drivers within the scope of Directive 2002/15/EC. MEPs call on the Commission to submit the relevant measures sufficiently well in advance to ensure that Directive 2002/15/EC as a whole, including all its elements, can enter fully into force on 23 March 2009 and that its scope is extended to include self-employed workers. Lastly, the Commission is invited to review traffic inspection procedures in each Member State and send Parliament a report thereon. In the event that inspection procedures restricting the free movement of goods or persons are detected, the Commission is called upon to review existing legislation and propose amendments, so as to ensure uniform traffic inspection procedures. date: 2008-09-18T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-357&language=EN title: A6-0357/2008 date: 2008-10-08T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20081008&type=CRE title: Debate in Parliament date: 2008-10-09T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=16066&l=en title: Results of vote in Parliament date: 2008-10-09T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-475 title: T6-0475/2008 summary: The European Parliament adopted by 382 votes to 232, with 36 abstentions a resolution on the implementation of social legislation relating to road transport. The own-initiative report had been tabled for consideration by Alejandro CERCAS (PES, ES) on behalf of the Committee on Employment and Social Affairs. The resolution regrets that considerable differences still remain in the application and enforcement of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport. Member States are urged to step up their efforts to guarantee efficient and uniform implementation of the improved social provisions. MEPs express concern at the shortcomings and delays in the transposition and implementation of Directive 2002/15/EC in some Member States and seek rapid clarification and comment from such Member States as to the reasons for non-implementation, together with an indication of what obstacles may still remain. Member States are invited to speed up the process of transposition and show the utmost diligence in implementing social legislation in the road transport sector, so as to properly comply with the general interests of road safety and the health and safety of drivers and provide a clear framework of fair competition. Concerned about the consistently high average number of infringements, particularly in the field of passenger transport, MEPs ask the Member States to improve their enforcement of the rules and to step up joint initiatives to encourage an exchange of information and personnel, together with coordinated controls. The European Commission is called on to: draw up the implementation reports required under Directive 2002/15/EC at the two-yearly intervals laid down, even though some Member States have not yet transposed the Directive's provisions into national law; display the utmost firmness in dealing with infringements of Community law by Member States as regards social provisions in the road transport sector, to provide for coercive measures in the event of failure to comply with provisions and to take preventive measures, if necessary via judicial process, to ensure strict compliance with Community law; propose by October 2008 guidelines for the uniform definition and classification of infringements under the comitology procedure set out in Regulation (EC) No 561/2006. When drawing up its official impact assessment in view of a legislative proposal modifying the Directive 2002/15/EC, the Commission should: give appropriate priority to the social dimension of road safety and the health and safety of drivers and other road users; take account of the difficult working conditions experienced by lorry drivers travelling through Europe arising from inadequate access to proper rest areas despite the fact that Article 12 of Regulation (EC) No 561/2006 expressly recognises the importance of a sufficient number of safe and secure rest areas for professional drivers along the Union's motorway network. The Commission is called upon to follow up the pilot project on safe and secure parking areas launched by the European Parliament, taking account of the measures recommended in the European Economic and Social Committee's opinion on 'European Road Safety Policy and Professional Drivers – Safe and secured parking places'; give full consideration to the position expressed by Parliament and to its arguments for the full inclusion of self-employed drivers within the scope of Directive 2002/15/EC. MEPs call on the Commission to submit the relevant measures sufficiently well in advance to ensure that Directive 2002/15/EC as a whole, including all its elements, can enter fully into force on 23 March 2009 and that its scope is extended to include self-employed workers. Lastly, the Commission is invited to review traffic inspection procedures in each Member State and send Parliament a report thereon. In the event that inspection procedures restricting the free movement of goods or persons are detected, the Commission is called upon to review existing legislation and propose amendments, so as to ensure uniform traffic inspection procedures. date: 2008-10-09T00:00:00 type: End of procedure in Parliament body: EP
links
other	body: EC dg: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion commissioner: ŠPIDLA Vladimír
procedure/dossier_of_the_committee	Old EMPL/6/60373 New EMPL/6/60373
procedure/legal_basis/0	Rules of Procedure EP 052
procedure/legal_basis/0	Rules of Procedure of the European Parliament EP 052
procedure/legal_basis/1	Rules of Procedure EP 052-p4
procedure/legal_basis/1	Rules of Procedure of the European Parliament EP 052-p2
procedure/subject	Old 3.20.05 Road transport: passengers and freight 3.20.06 Transport regulations, road safety, roadworthiness tests, driving licence 4.15.03 Arrangement of working time, work schedules 4.15.04 Workforce, occupational mobility, job conversion, working conditions New 3.20.05 Road transport: passengers and freight 3.20.06 Transport regulations, road safety, roadworthiness tests, driving licence 4.15.03 Arrangement of working time, work schedules 4.15.04 Workforce, occupational mobility, job conversion, working conditions

activities	date: 2008-03-13T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: EMPL date: 2008-01-22T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: CERCAS Alejandro body: EP responsible: False committee: TRAN date: 2007-11-20T00:00:00 committee_full: Transport and Tourism rapporteur: group: GUE/NGL name: MARKOV Helmuth date: 2008-09-10T00:00:00 body: EP committees: body: EP responsible: True committee: EMPL date: 2008-01-22T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: CERCAS Alejandro body: EP responsible: False committee: TRAN date: 2007-11-20T00:00:00 committee_full: Transport and Tourism rapporteur: group: GUE/NGL name: MARKOV Helmuth type: Vote in committee, 1st reading/single reading date: 2008-09-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2008-357&language=EN type: Committee report tabled for plenary, single reading title: A6-0357/2008 body: EP type: Committee report tabled for plenary, single reading date: 2008-10-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20081008&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament date: 2008-10-09T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=16066&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2008-475 type: Decision by Parliament, 1st reading/single reading title: T6-0475/2008 body: EP type: Results of vote in Parliament
committees	body: EP responsible: True committee: EMPL date: 2008-01-22T00:00:00 committee_full: Employment and Social Affairs rapporteur: group: PSE name: CERCAS Alejandro body: EP responsible: False committee: TRAN date: 2007-11-20T00:00:00 committee_full: Transport and Tourism rapporteur: group: GUE/NGL name: MARKOV Helmuth
links
other	body: EC dg: url: http://ec.europa.eu/social/ title: Employment, Social Affairs and Inclusion commissioner: ŠPIDLA Vladimír
procedure	dossier_of_the_committee EMPL/6/60373 reference 2008/2062(INI) title Implementation of the social legislation relating to road transport legal_basis Rules of Procedure of the European Parliament EP 052 Rules of Procedure of the European Parliament EP 052-p2 stage_reached Procedure completed subtype Initiative type INI - Own-initiative procedure subject 3.20.05 Road transport: passengers and freight 3.20.06 Transport regulations, road safety, roadworthiness tests, driving licence 4.15.03 Arrangement of working time, work schedules 4.15.04 Workforce, occupational mobility, job conversion, working conditions

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