2017/0123(COD) | [ParlTrack]

Proposal for a regulation
Recital 16

(16) Transport undertakings are the addressees of the rules on international carriage and are, as such, subject to the consequences of any infringements committed by them. However, in order to prevent abuses by undertakings contracting transport services from road haulage operators, Member States should also provide for sanctions on shippers and freight forwarders ~~in cas~~as well as other contractors where they knowingly commission transport services which involve infringements of the provisions of Regulation (EC) No 1072/2009.

Amendment 101 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES

Proposal for a regulation
Recital 17

(17) Insofar as this Regulation introduces a degree of harmonisation in certain areas so far not harmonised by Union law, ~~in particular in respect of transport with light commercial vehicles and enforcement practices,~~ its objectives, namely to approximate conditions of competition and improve enforcement, cannot be sufficiently achieved by the Member States but can rather, by reason of the nature of the objectives pursued in combination with the cross-border nature of road transport, be better achieved at Union level. Therefore, the Union may adopt measures, in line with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve the objectives pursued.

Amendment 102 #

Proposal for a regulation
Article 2 – paragraph 1 a (new)

Regulation (EC) No 1072/2009
Article 1 paragraph 1

1a. In paragraph 1 of Article 1, the following subparagraph is added: ‘This Regulation shall also apply to incoming or outgoing carriage of goods by road as either the initial and/or final leg of a combined transport journey as laid down in Council Directive 92/106/EEC.’ Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R1072&from=EN)

Amendment 103 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

~~(i) point (a) is~~ deleted;

Amendment 104 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

~~(i) point (a) is~~ deleted;

Amendment 105 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a

(i) point (a) is ~~deleted;~~replaced by the following: 'undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3.5 tonnes and that engage only in national transportation. Member States may, however, lower this limit for all or some categories of road transport operations.’

Amendment 106 #

Rosa D'AMATO, Daniela AIUTO, Laura AGEA, Tiziana BEGHIN

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a

(i) point (a) is ~~deleted;~~replaced by the following: “(a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3.5 tonnes and that engage solely in national transportation.”

Amendment 107 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a

Amendment 108 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i a (new)

Regulation (EC) No 1071/2009
Article 1– paragraph 4 – point a

(ia) (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 2.4 tonnes; (aa) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 3.5 tonnes that are engaged exclusively in national transport operations;

Amendment 109 #

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

Regulation (EC) No 1071/2009
Article 1

(b) the following paragraph 6 is added: ‘ 6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: (a) apply some or all of the provisions referred to in the first subparagraph; (b) first subparagraph for all or some categories of road transport operations.'; ’deleted require those undertakings to lower the limit referred to in the

Amendment 110 #

Rosa D'AMATO, Daniela AIUTO, Laura AGEA, Tiziana BEGHIN

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

Regulation (EC) No 1071/2009
Article 1 – paragraph 6

(b) the following paragraph 6 is added: ‘ 6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: (a) require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b) first subparagraph for all or some categories of road transport operations.';deleted lower the limit referred to in the

Amendment 111 #

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

Regulation (EC) No 1071/2009
Article 1 – paragraph 6

(b) the following paragraph 6 is added: ‘ 6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: (a) require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b) first subparagraph for all or some categories of road transport operations.'; ’deleted lower the limit referred to in the

Amendment 112 #

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

Regulation (EC) No 1071/2009
Article 1 – paragraph 6

(b) the following paragraph 6 is added: ‘ 6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: (a) apply some or all of the provisions referred to in the first subparagraph; (b) first subparagraph for all or some categories of road transport operations.;deleted require those undertakings to lower the limit referred to in the

Amendment 113 #

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

Regulation (EC) 1071/2009
Article 1 – paragraph 6 (new)

(b) the following paragraph 6 is added: ‘ 6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: (a) require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b) first subparagraph for all or some categories of road transport operations.;deleted lower the limit referred to in the

Amendment 114 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, João PIMENTA LOPES

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

Regulation (EC) No 1071/2009
Article 1 – paragraph 6

(b) the following paragraph 6 is added: ‘ 6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: (a) apply some or all of the provisions referred to in the first subparagraph; (b) first subparagraph for all or some categories of road transport operations.;deleted require those undertakings to lower the limit referred to in the

Amendment 115 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

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

Regulation (EC) No 1071/2009
Article 1 – paragraph 6

(b) the following paragraph 6 is added: ‘ 6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: (a) require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b) first subparagraph for all or some categories of road transport operations.;deleted lower the limit referred to in the

Amendment 116 #

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

Regulation (EC) No 1071/2009
Article 1

(b) the following paragraph 6 is added: ‘ 6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: (a) apply some or all of the provisions referred to in the first subparagraph; (b) first subparagraph for all or some categories of road transport operations.;deleted require those undertakings to lower the limit referred to in the

Amendment 117 #

Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER, Anne SANDER, Renaud MUSELIER, Franck PROUST

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

Regulation (EC) No 1071/2009
Article 1 – paragraph 6

Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall ~~not~~also apply to undertakings engaged in the occupation of road haulage operator ~~solely~~ by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes.

Amendment 118 #

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

Regulation (EC) No 1071/2009
Article 1 – paragraph 6 (new)

Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall ~~not~~also apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes.

Amendment 119 #

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

Regulation (EC) No 1071/2009
Article 1 – paragraph 6 (new)

Member States may, however: (a) require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b) first subparagraph for all or some categories of road transport operations.';deleted lower the limit referred to in the

Amendment 120 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 1071/2009
Article 3 – paragraph 2

~~(2) in Article 3, paragraph 2 is~~ deleted;

Amendment 121 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

~~(2) in Article 3, paragraph 2 is~~ deleted;

Amendment 122 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

~~(2) in Article 3, paragraph 2 is~~ deleted;

Amendment 123 #

Rosa D'AMATO, Daniela AIUTO, Laura AGEA, Tiziana BEGHIN

Proposal for a regulation
Article 1 – paragraph 1 – point 2

~~(2) in Article 3, paragraph 2 is~~ deleted;

Amendment 124 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 1071/2009
Article 3 – paragraph 2

~~(2) in Article 3, paragraph 2 is~~ deleted;

Amendment 125 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

Proposal for a regulation
Article 1 – paragraph 1 – point 2

(2) in Article 3, paragraph 2 is ~~deleted;~~ replaced by the following: 2. Member States may decide to impose additional requirements, which shall be proportionate and non- discriminatory, to be satisfied by undertakings in order to engage in the occupation of road transport.

Amendment 126 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 1071/2009
Article 5 – point (a)

(a) have ~~premises in which it keeps its core business documents~~appropriate premises, proportionate to the activities of the undertaking, in which it keeps its core business documents, or secures access to them, either in written or electronic form, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to cabotage, posting of workers rules, and driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;

Amendment 127 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 1071/2009
Article 5 – point a

(a) have premises in which it keeps its core business documents, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation; Member States may require that hauliers established on their territory also have other documents available at their premises at any time;

Amendment 128 #

Rosa D'AMATO, Daniela AIUTO, Laura AGEA, Tiziana BEGHIN

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 1071/2009
Article 5 – point a

(a) have premises suitable for carrying out the undertaking’s activities, in which it keeps its core business documents in paper and/or electronic format, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to postings, driving time and rest and any other document to which the competent authority must have access at any time in order to verify compliance with the conditions laid down in this Regulation;

Amendment 129 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 1071/2009
Article 5 – a

(a) have premises in which it keeps its core business documents, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to driving time and rest, cabotage, posting, and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;';

Amendment 130 #

Rosa D'AMATO, Daniela AIUTO, Laura AGEA, Tiziana BEGHIN

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

Regulation (EC) No 1071/2009
Article 5 – point a a

(aa) the following point is added: (aa) have parking areas that are proportionate to the size of its own vehicle fleet;

Amendment 131 #

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

Regulation (EC) No 1071/2009
Article 5 – point a a (new)

(aa) conduct a substantial part of their transport operations using the vehicles referred to in point (b) in the Member State of establishment;

Amendment 132 #

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

(aa) carry out a major part of its activity in the Member State of establishment;

Amendment 133 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c

Regulation (EC) No 1071/2009
Article 5 – point d

(d) manage ~~the~~effectively and regularly, a substantial part of transport operations carried out ~~with~~using the vehicles referred to in point (b) ~~with~~in the Member State of establishment and provide parking spaces proportionate to the size of the fleet of the vehicles and the appropriate technical equipment situated in that Member State;;

Amendment 134 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c

Regulation (EC) No 1071/2009
Article 5 – d

(d) manage the transport operations carried out with the vehicles referred to in point (b) and with a number of parking places commensurate with the size of the vehicle fleet and with the appropriate technical equipment situated in that Member State;

Amendment 135 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c

Regulation (EC) No 1071/2009
Article 5 - point d

(d) ~~manage the transport operations carried out with~~have an operational centre in that Member State with sufficient parking space for regular use by the vehicles referred to in point (b) ~~with~~and the appropriate technical equipment ~~situated in that Member State~~;

Amendment 136 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d

Regulation (EC) No 1071/2009
Article 5 – point e

(e) hold assets and employ staff proportionate to the activityies of the ~~establishment~~undertaking;

Amendment 137 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d

Regulation (EC) No 1071/2009
Article 5 – point e

(e) h~~old assets and e~~ave the necessary means to comploy ~~staff proportionate to the activity of the establish~~with the above-mentioned requirements;

Amendment 138 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d a (new) Regulation (EC) No 1071/2009

(da) the following point (f) is added: (f) have a clear link between the transport operations carried out using the vehicles referred to in point (b) and the Member State of establishment.

Amendment 139 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d b (new) Regulation (EC) No 1071/2009

(db) the following point (g) is added: (g) The company has a representative in each Member State in which it operates regularly which can make available any documentation serving to verify that the conditions set out in this Regulation have been satisfied.

Amendment 140 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, João PIMENTA LOPES

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

(da) the following point (f) is added: (f) have an operating centre, situated in that Member State, with the necessary equipment, and in particular a sufficient number of vehicle parking places for regular use by its vehicles.

Amendment 141 #

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

(da) the following point (f) is added: (f) conduct a substantial part of transport operations in the Member State of establishment, using the vehicles referred to in point (b)

Amendment 142 #

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

(da) the following point (f) is added: (f) have an operating centre situated in that Member State with the necessary equipment, and in particular a sufficient number of vehicle parking places for regular use by the vehicles referred to in point (b).

Amendment 143 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

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

(da) The following point (f) is added: (f) have a clear link between the transport operations carried out using the vehicles referred to in point (b) and the Member State of establishment.

Amendment 144 #

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

(da) The following point (f) is added: (f) directly bill the beneficiaries of the services they provide or, in case of a subsidiary system, the billing should be done in a proportionate way by the parent company;

Amendment 145 #

Kosma ZŁOTOWSKI, Czesław HOC, Zdzisław KRASNODĘBSKI

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

Regulation (EC) No 1071/2009
Article 5 – paragraph 2 (new)

(3a) the following paragraph 2 is added: ‘The assessment of the effective and stable establishment of an undertaking is always an individual and general assessment, taking into account all relevant factors.’

Amendment 146 #

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

Regulation (EC) No 1071/2009
Article 6 – paragraph 1

~~(xi) the posting of workers;~~deleted

Amendment 147 #

Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Marek PLURA, Krzysztof HETMAN

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

Regulation (EC) No 1071/2009
Article 6

(xi) ~~the posting of workers~~social and labour law;

Amendment 148 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)

Regulation (EC) No 1071/2009
Article 6 – paragraph 1 – subparagraph 3 – point xi a (new)

(xia) cabotage

Amendment 149 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)

Regulation (EC) No 1071/2009
Article 6 – paragraph 1 – point b – point xi a (new)

(xia) cabotage

Amendment 150 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)

Regulation (EC) No 1071/2009
Article 6 paragraph 1

(xiia) cabotage

Amendment 151 #

Rosa D'AMATO, Daniela AIUTO, Laura AGEA, Tiziana BEGHIN

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)

Regulation (EC) No 1071/2009
Article 6 – point b – point xii a (new)

(xiia) cabotage;

Amendment 152 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)

Regulation (EC) No 1071/2009
Article 6 – point b – point xii a (new)

(xiia) cabotage

Amendment 153 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)

Regulation (EC) No 1071/2009
Article 6 – xii a

(xiia) cabotage

Amendment 154 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)

Regulation (EC) No 1071/2009
Article 6 – paragraph 1 – indent 3

(xiia) cabotage;

Amendment 155 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)

Regulation (EC) No 1071/2009
Article 6 – paragraph 1 – indent a – point xii a

(xiia) cabotage.

Amendment 156 #

Kosma ZŁOTOWSKI, Czesław HOC, Richard SULÍK, Zdzisław KRASNODĘBSKI

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

Regulation (EC) No 1071/2009
Article 6 – paragraph 2 – subparagraph 1

For the purposes of point (b) of the third subparagraph of paragraph 1,where the transport manager or the transport undertaking has been convicted of a ~~serious~~ criminal offence or has incurred a penalty for one of the ~~most serious~~ infringements of Union rules as set out in Annex IV, in one or more Member States, the competent authority of the Member State of establishment shall carry out and complete in an appropriate and timely manner an administrative procedure, which shall include, if appropriate, an on-site inspection at the premises of the undertaking concerned.

Amendment 157 #

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

Regulation (EC) No 1071/2009
Article 6 – paragraph 2 a

(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries ~~and to distort competition in the road transport market, including by undermining the working conditions of transport workers~~;

Amendment 158 #

Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Marek PLURA, Krzysztof HETMAN

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

Regulation (EC) No 1071/2009
Article 6 – paragraph 2 a

(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workers, as well as failure to comply with, or the poor application of, the relevant Union labour legislation;

Amendment 159 #

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

Regulation (EC) No 1071/2009
Article 6 paragraph 1

(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and t~~o distort competition in the road transport market, including by undermining the working conditions of transport workers~~he threat to the health and safety of the worker posed by the non- compliance with labour law;

Amendment 160 #

Kosma ZŁOTOWSKI, Czesław HOC, Richard SULÍK, Zdzisław KRASNODĘBSKI

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

Regulation (EC) No 1071/2009
Article 6 – paragraph 2 a

(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by ~~undermining the working conditions of transport workers~~evading the applicable labour and social legislation;

Amendment 161 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) No 1071/2009
Article 7 – paragraph 1 - subparagraph 1

(a) in paragraph 1, the first subparagraph is replaced by the following: ‘ In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.; ’deleted

Amendment 162 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) 1071/2009
Article 7 – paragraph 1 – subparagraph 1

In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used~~. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles~~ with a permissible laden mass ~~not~~ exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.;.

Amendment 163 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used. In addition, undertakings shall demonstrate that they have at their disposal an amount proportionate to one month's wage per mobile worker at the level of the country where they habitually carry out their activity;

Amendment 164 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) No 1071/2009
Article 7 – paragraph 1 – subparagraph 1

In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, ~~on a permanent basi~~at all times, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year,: (a) it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used; and (b) two months’ worth of salary per employed mobile worker, at the level of the Member State where, or from where, it habitually carries out its activities. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.;

Amendment 165 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) No 1071/2009
Article 7 – paragraph 1 – indent 1

'In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used that is over 3.5 tonnes, or EUR 1 000 for each additional vehicle with a permissible laden mass which does not exceed 3.5 tonnes. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.';

Amendment 166 #

Ádám KÓSA, Csaba SÓGOR, Andor DELI

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b

Regulation (EC) No 1071/2009
Article 7 – paragraph 2

(2) By way of derogation from paragraph 1, in the absence of certified annual accounts the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee, an insurance policy, a document issued by a financial institution establishing access to credit in the name of the undertaking, or another binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1;

Amendment 167 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)

Regulation (EC) No 1071/2009
Article 8 – paragraph 5

(6a) Article 8 Paragraph 5 is amended as follows: "Member States may promote periodic training on the subjects listed in Annex I at 10three-year intervals to ensure that t~~ransport managers are aware of developments in the sector.~~ he person or persons referred to in article 8 paragraph 1 are sufficiently aware of developments in the sector. Or. en (http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32009R1071)

Amendment 168 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 8

(8) in Article 12(2), the second subparagraph is ~~deleted;~~replaced by following; 'Member States shall carry out checks at least every three years to verify that undertakings fulfil the requirements laid down in Article 3'

Amendment 169 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) No 1071/2009
Article 12 – paragraph 2

(8) iIn Article 12~~(2), the second subparagraph is deleted;~~ , paragraph 2 is replaced by the following: "Member States shall carry out checks at least every 3 years to verify that undertakings fulfil the requirements laid down in Article 3."

Amendment 170 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES

Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)

Regulation (EC) No 1071/2009
Article 12

(8a) Member States shall carry out checks at least every 3 years to verify that undertakings fulfil the requirements laid down in Article 3.

Amendment 171 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)

Regulation (EC) No 1071/2009
Article 12 paragraph 2

~~2. Until 31 December 2014,~~(8a) In Article 12(2) the first subparagraph is amended as follows: "2. Member States shall carry out checks at least every 52 years to verify that undertakings fulfil the requirements laid down in Article 3. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R1071&from=EN)

Amendment 172 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point -a (new)

Regulation (EC) No 1071/2009
Article 16 – paragraph 1

(-a) Paragraph 1 is amended as follows: 1. For the purposes of the implementation of this Regulation, and in particular Articles 11 to 14 and Article 26 thereof, each Member State shall keep a national electronic register of road transport undertakings which have been authorised by a competent authority designated by it to engage in the occupation of road transport operator. The data contained in that register shall be processed under the supervision of a public authority designated for that purpose. The relevant data contained in the national electronic register shall be accessible to all the competent authorities of the Member State in question.

Amendment 173 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point -a (new)

Regulation (EC) No 1071/2009
Article 16 – paragraph 1 a (new)

(-a) The following paragraph is inserted: "1a. For the purposes of increasing the effectiveness of the cross-border enforcement and of targeted checks, the data contained in the national electronic registers shall be accessible in real time to all competent inspecting authorities from all Member States. The European Labour Authority shall be responsible for the monitoring and access to data contained in the national electronic registers.

Amendment 174 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i – introductory part

(i) the following points (g), (h), (i) , (j) and (jk) are added:

Amendment 175 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i – introductory part

(i) ~~the following points (g), (h), (i~~points (g) and (jh) are added:

Amendment 176 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 - paragraph 2 – point g a (new)

(ga) the following data about each employee, including mobile personnel: the name, nationality, Member State of residence, the Member State where the employment contract was registered, the Member State where social security contributions are made and the social or national insurance number;

Amendment 177 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009/EC
Article 16 – paragraph 2 – point g b (new)

(gb) the total assets, liabilities, equity and turnover during the previous two years;

Amendment 178 #

Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Marek PLURA, Krzysztof HETMAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point g c (new)

(gc) the risk rating of the undertaking pursuant to Article 9 of Directive 2006/22/EC;

Amendment 179 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h

(h) the number of employees, their names, nationality, country of residence, Member State of social contribution and social insurance number;

Amendment 180 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2

(h) the number of employees working in the company over the last calendar year;

Amendment 181 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h a (new)

(ha) the following data about each employee, including mobile personnel: the name, nationality, Member State of residence, the Member State where the employment contract was registered, the Member State where social security contributions are made and the social or national insurance number;

Amendment 182 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

~~(i) the total assets, liabilities, equity and turnover during the last two years;~~deleted

Amendment 183 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 - paragraph 2 - point j a (new)

(ja) the following data about the drivers of the undertaking: name, nationality, country of residence, Member State of registration of employment contract, Member State where social security contribution are paid

Amendment 184 #

Kosma ZŁOTOWSKI, Czesław HOC, Richard SULÍK, Zdzisław KRASNODĘBSKI

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2

~~(i) the total assets, liabilities, equity and turnover during the last two years;~~deleted

Amendment 185 #

Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Marek PLURA, Krzysztof HETMAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2

(i) ~~the total assets, liabilities, equity and turnover during the last two years;~~a copy of the annual financial report or other documents proving financial capacity, of the kind mentioned under Article 7(2).

Amendment 186 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i Regulation (EC) No 1071/2009

~~(j) the risk rating of the undertaking pursuant to Article 9 of Directive 2006/22/EC.;~~deleted

Amendment 187 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i a (new)

Regulation (EC) No 1071/2009
Article 16 – Paragraph 2

(ia) the following point (ca) is added: ' (ca) the names and all relevant information of the road transport undertakings previously managed by the transport managers; '

Amendment 188 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point ii

Regulation (EC) No 1071/2009
Article 16 – paragraph 2

Member States may choose to keep the data referred to in points (e) to (j) of the first subparagraph in separate registers. In such a case, the relevant data shall be ~~available upon request or~~ directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within five working days of receipt of the request. The data referred to in points (a) to (d) of the first subparagraph shall be publicly accessible, in line with the relevant provisions on personal data protection.

Amendment 189 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point ii

Regulation (EC) No 1071/2009
Article 16 – paragraph 2

Member States may choose to keep the data referred to in points (e) to (jh) of the first subparagraph in separate registers. In such a case, the relevant data shall be available upon request or directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within five working days of receipt of the request. The data referred to in points (a) to (d) of the first subparagraph shall be publicly accessible, in line with the relevant provisions on personal data protection.

Amendment 190 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a a (new)

(aa) Paragraph -1 is added as follows: 'For more effective cross-border enforcement, the data contained in the national electronic registers shall be fully accessible and in real time to competent authorities from all Member States';

Amendment 191 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a a (new)

Regulation (EC) No 1071/2009
Article 16 - paragraph 2 - point c

(aa) Article 16 - paragraph 2 - point c is amended as follows: "(c) the names of the transport managers designated to meet the conditions as to good repute and professional competence or, as appropriate, the name of a legal representative; the names of the undertakings previously managed by the transport managers; " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R1071&from=EN)

Amendment 192 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a b (new)

Regulation (EC) No 1071/2009
Article 16 – Paragraph 2 – point c

(ab) Article 16 - paragraph 2 - point c is amended as follows: "(c) the names of the transport managers designated to meet the ~~conditions as~~requirements laid down in Article 3 relating to good repute and professional competence or, as appropriate, the name of a legal representative; " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009R1071)

Amendment 193 #

Rosa D'AMATO, Daniela AIUTO, Laura AGEA, Tiziana BEGHIN

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b a (new)

Regulation (EC) No 1071/2009
Article 16 – paragraph 5

~~5. Without prejudice to paragraphs 1 and 2,~~(ba) paragraph 5 is replaced by the following: “5. Member States shall take all necessary measures to ensure that the national electronic registers are interconnected and ~~accessi~~interoperable throughout the Community through the national contact points defined in Article 18. Accessibility through national contact points and interconnection shall be implemented by 31 December 2012 in such a way that a competent authority of any Member State is able to consult the national electronic register of any Member State. Union and are connected to the portal referred to in Regulation (EU) No 165/2014 in such a way that the data referred to in paragraph 2 are directly accessible to all the competent authorities and control bodies of all the Member States.” Or. it (http://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX:32009R1071)

Amendment 194 #

Rosa D'AMATO, Daniela AIUTO, Laura AGEA, Tiziana BEGHIN

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b b (new)

6. Common rules concerning the implementation of paragraph 5, such as the format of the data exchanged, the technical procedures for electronic consultation of the national electronic registers of the other Member States and the promotion of the interoperability of(bb) paragraph 6 is replaced by the following: "6. The Commission is empowered to adopt delegated acts in accordance with Article 24 to establish and update common rules to ensure that the national electronic registers are fully interconnected and interoperable, both among themse ~~registers~~lves and with other relevant databases, shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 25(2) and for the first time before 31 December 2010. Those common rules shall determine which authority is r portal referred to in Regulation (EU) No 165/2014, in such a way that a competent authority or control body in any Member State is able to directly access the national electronic register of any Member State as stipulated in paragraph 5. Those common rules shall include rulesp on~~sibl~~ the for ~~access to data and further use and upd~~mat of the data exchanged, the technical procedures for electronic consultationg of ~~data after access and, to this effect, shall include~~the national electronic registers of the other Member States and the interoperability of these registers, in addition to specific rules concerning access to data, data logging and data monitoring. " Or. it (http://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX:32009R1071)

Amendment 195 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, João PIMENTA LOPES

Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)

(11a) In order to ensure that all EU rules for mobile workers are implemented in a fair, simple and effective way, a European Labour Authority shall be responsible for inspecting and enforcing the rules. It shall provide operational and legal support to Member States, social partners as well as workers to enforce social legislation and undertake European-wide inspections.

Amendment 196 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 - point -a (new)

Regulation (EC) No 1071/2009
Article 16 paragraph 2

(-a) Paragraph 2 is amended as follows: "2. National electronic registers shall contain at least the following data:(a)the name and legal form of the undertaking;(b)the address of its establishment;(c)the names of the transport managers designated to meet the conditions as to good repute and professional competence or, as appropriate, the name of a legal representative;(d)the type of authorisation, the number of vehicles it covers and, where appropriate, the serial number of the Community licence and of the certified copies;(e)the number, category and type of serious infringements, as referred to in Article 6(1)(b), which have resulted in a conviction or penalty during the last 2 years;(f)the name of any person declared to be unfit to manage the transport activities of an undertaking, as long as the good repute of that person has not been re- established pursuant to Article 6(3), and the rehabilitation measures applicable. For the purposes of point (e), Member States may, until 31 December 2015, choose to include in the national electronic register only the most serious infringements set out in Annex IV. For the purpose of effective cross-border enforcement, the data contained in the National electronic registers shall be accessible in real time to all Member States' competent authorities. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R1071&from=EN)

Amendment 197 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Franck PROUST, Renaud MUSELIER

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18 – point 3 a

3a. In order to facilitate cooperation between administrations and the exchange of best monitoring practice, the Member States shall work together with the platform for combating undeclared work and the European Labour Authority

Amendment 198 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18 – paragraph 4

4. WIn relation to paragraphs 1 and 2, where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within ~~ten~~five working days. The requesting Member State shall further substantiate the request and the Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. Where this is not possible, the request may be rejected by the requested Member State. In such a case, the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate.

Amendment 199 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18 – paragraph 5

Amendment 200 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18 – paragraph 6

6. In response to requests under paragraph 3, Member States shall supply the requested information and carry out the required checks, inspections and investigations within ~~twenty-five~~fifteen working days from the receipt of the request, unless ~~they have informed the requesting Member State that the request is insufficiently reasoned or of the impossibility or the difficulties pursuant to paragraphs 4 and 5.~~another time limit is mutually agreed between the Member States concerned. Where this is not possible, the request may be rejected by the Member State. In such a case the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate;

Amendment 201 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18

9a. Member States shall conduct cross-country controls on related transport companies (parent - subsidiary companies) in order to identify disproportionate profit-shifting or under- billing infringements;

Amendment 202 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

9a. A Community list of road hauliers that do not meet the relevant legal requirements shall be made public in order to ensure the greatest transparency. This Community list shall be based on common criteria developed at Community level and reviewed annually by the European Labour Authority. Road hauliers listed on the Community list shall be subject to an operating ban. The operating prohibitions on the Community list shall apply throughout the territory of the Member States. In exceptional cases, Member States shall be allowed to take unilateral measures. In an emergency, and when faced with an unforeseen security problem, Member States shall have the possibility of immediately issuing an operating ban for their own territory.

Amendment 203 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, João PIMENTA LOPES

Proposal for a regulation
Article 1 – paragraph 1 – point 16

(16) in Article 26, the following paragraphs 3, 4 and 5 are added: ‘ 3. draw up a report on the use of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes in their territory and shall forward it to the Commission no later than 30 June of the year after the end of the reporting period. This report shall include: (a) granted to operators engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes; (b) the number of vehicles with a permissible laden mass not exceeding 3,5 tonnes registered in the Member State in each calendar year; (c) a permissible laden mass not exceeding 3,5 tonnes registered in the Member State as of 31 December of each year; (d) the estimated share of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes in the overall road transport activity of all vehicles registered in the Member State, broken down by national, international and cabotage operations. 4. On the basis of the information gathered by the Commission under paragraph 3 and of further evidence, the Commission shall, by 31 December 2024 at the latest, present a report to the European Parliament and the Council on the evolution of the totadeleted Every year, Member States shall the number of authorisations the overall number of ~~motor~~ vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes engaged in national and international road transport operations. On the basis of this report, it shall reassess whether it is necessary to propose additional measures. 5. report to the Commission on the requests made by them under Article 18(3) and (4), on the replies received from other Member States and on the actions that they have taken on the basis of the information provided.; ’Every year Member States shall

Amendment 204 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

Regulation (EC) No 1072/2009
Article 1 paragraph 1

~~The carriage of empty containers or pallets shall be considered as carriage of goods for hire or reward whenever it is subject to a transport contract.;~~deleted

Amendment 205 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

Proposal for a regulation
Article 2 – paragraph 1 – point 1

Regulation (EC) No 1072/2009
Article 1 – paragraph 1 – subparagraph 1 a

~~The carriage of empty containers or pallets shall be considered as carriage of goods for hire or reward whenever it is subject to a transport contract.;~~deleted

Amendment 206 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

Regulation (EC) No 1072/2009
Article 1 – paragraph 1 – subparagraph 1 a

The carriage of empty containers or pallets shall not be considered as an international carriage of goods for hire or reward ~~whenever it is subject to a transport contract~~for the purposes of Chapter III.;

Amendment 207 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

TFor the purposes of Chapter III on cabotage, the carriage of empty containers or pallets shall be considered as carriage of goods for hire or reward ~~whenever it is subject to a transport contract~~;

Amendment 208 #

Jérôme LAVRILLEUX, Elisabeth MORIN-CHARTIER, Anne SANDER, Renaud MUSELIER, Franck PROUST, Geoffroy DIDIER

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)

Regulation (EC) No 1072/2009
Article 1 – paragraph 1 a (new)

In Article 1, the following paragraph is added: (1a) ‘This Regulation shall also apply to incoming or outgoing carriage of goods by road as one leg of a combined transport journey as laid down in Council Directive 92/106/EEC.’

Amendment 209 #

Michael DETJEN

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)

Regulation (EC) No 1072/2009
Article 1 – paragraph 2

(1a) Paragraph 2 of Article 1, is amended as follows: "2. In the event of carriage from a Member State to a third country and vice versa, this Regulation shall apply to the part of the journey on the territory of any Member State crossed in transit. This transit journey shall be covered by the Posting of Workers Directive. It shall not apply to that part of the journey on the territory of the Member State of loading or unloading, as long as the necessary agreement between the Community and the third country concerned has not been concluded. ~~(http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32009R1072)~~" Or. en

Amendment 210 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)

Regulation (EC) No 1072/2009
Article 1 – paragraph 5 – point c

(1a) In Article 1(5), point (c) is deleted.

Amendment 211 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

Regulation (EC) No 1072/2009
Article 2 – paragraph 6

Amendment 212 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Franck PROUST, Renaud MUSELIER

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

Regulation (EC) No 1072/2009
Article 2–paragraph 6

6. ‘cabotage operation’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery points, as specified in the consignment note;', with the main aim of ensuring that lorries do not travel empty;

Amendment 213 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

Regulation (EC) No 1072/2009
Article 2 paragraph 6

Amendment 214 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

Regulation (EC) No 1072/2009
Article 2 – point 6

Amendment 215 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

Regulation (EC) No 1072/2009
Article 2 – Point 6

Amendment 216 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)

Regulation (EC) No 1072/2009
Article 3

(2a) Article 3 is replaced by the following: "General principle International carriage shall be carried out subject to the possession of a ~~Community licence and, if the driver is a national of a third country, in conjunction with a driver attestation.~~ smart tachograph as stipulated in Chapter II of Regulation (EU) No 165/2014 of the European Parliament and of the Council*, a Community licence and, if the driver is a national of a third country, in conjunction with a driver attestation. " __________________ * Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1). Or. en (http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32009R1072)

Amendment 217 #

Rosa D'AMATO, Daniela AIUTO, Laura AGEA, Tiziana BEGHIN

Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)

Regulation (EC) No 1072/2009
Article 3

(2a) Article 3 is replaced by the following: “International carriage shall be carried out subject to possession of a Community licence, of a smart tachograph in accordance with Regulation (EU) No 165/2014 and, if the driver is a national of a third country, in conjunction with a driver attestation. " Or. it (http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:300:0072:0087:EN:PDF)

Amendment 218 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)

Regulation (EC) No 1072/2009
Article 3 General principle

(2a) Article 3 is amended as follows: "International carriage shall be carried out subject to the possession of a smart tachograph as stipulated in Chapter II of Regulation (EU) No 165/2014; a Community licence and, if the driver is a national of a third country, in conjunction with a driver attestation. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R1072&from=EN)

Amendment 219 #

Martina DLABAJOVÁ, António MARINHO E PINTO, Enrique CALVET CHAMBON, Renate WEBER

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

(a) paragraph 2 is replaced by the following: ‘ 2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 5 days from the last unloading in the host Member State in the course of the incoming international carriage.; ’deleted

Amendment 220 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

2. Once the goods carried in the 2. course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, up to three cabotage operations following the ~~host~~international carriage from another Member State or infrom a third count~~iguous Member States~~ry to the host Member State. The first loading in the course of a cabotage operation can start from 00:00 of the day following the last unloading of an incoming international carriage. The last unloading in the course of a cabotage operation before leaving the host Member State shall take place within 57 days from the last unloading in the host Member State in the course of the incoming international carriage.; Within the time limit referred to in the first subparagraph, hauliers may carry out some or all of the cabotage operations permitted under that subparagraph in any Member State under the condition that they are limited to one cabotage operation per Member State within 3 days of the unladen entry into the territory of that Member State. The cabotage period ends at 24:00 on the seventh day.

Amendment 221 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 222 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 paragraph 2

Amendment 223 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 224 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Franck PROUST, Renaud MUSELIER

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 225 #

Rosa D'AMATO, Daniela AIUTO, Laura AGEA, Tiziana BEGHIN

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 226 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 227 #

Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Marek PLURA, Krzysztof HETMAN

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 228 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1071/2009
Article 8 – paragraph 2

Amendment 229 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

2. Once the goods carried in the course of an incoming international carriage ~~from another Member State or from a third country to a host Member State~~to or from a haulier's Member State of establishment have been delivered, the haulier~~s referred to in paragraph 1~~ shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State ~~or in contiguous Member States~~. The last unloading in the course of a cabotage operation shall take place within ~~5 day~~48 hours from the last unloading in the host Member State in the course of theis incoming international carriage, subject to a transport contract;

Amendment 230 #

Kosma ZŁOTOWSKI, Czesław HOC, Zdzisław KRASNODĘBSKI, Richard SULÍK

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 231 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) 1072/2009
Article 8 –paragraph 2

Amendment 232 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 233 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 234 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a (new)

Regulation (EC) No 1072/2009
Article 8 – paragraph 2 a

(aa) the following paragraph 2a is inserted: ‘2a. Every cabotage operation should be remunerated in accordance with the rules in force in the country in which it takes place. Cabotage in its former interpretation as exempt from the law of the host Member State is therefore not allowed.’

Amendment 235 #

Martina DLABAJOVÁ, António MARINHO E PINTO, Enrique CALVET CHAMBON, Renate WEBER

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a (new) Regulation (EC) No 1072/2009

2a. The purpose of these operations shall be to return to the Member State of establishment of the undertaking

Amendment 236 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b

Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1

National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding ~~international carriage.;~~international carriage and of each consecutive cabotage operation carried out with a consignment note. The consignment notes should be readily available on the vehicle. Each consignment note shall contain the number plates of the motor vehicle and trailer used. The consignment note may be presented electronically, using a revisable structured format which can be used directly for storage and processing by computers such as eCMR. No additional documents shall be required in order to prove that the conditions laid down in this Article have been met. Records shall be kept covering the previous 28 days. Records should be kept at the undertaking. During a roadside check the driver shall be allowed to contact the head office of the undertaking, the transport manager or any other person or entity which may provide the consignment notes of the previous 28 days.

Amendment 237 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b

Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1

National road haulage services carried out in the host Member State by a non-resident haulier shall ~~only~~ be deemed to comply with this Regulation only if the haulier can produce clear evidence of the preceding international carriage. to or from his or her Member State of establishment and if the value of the transport contract for the preceding international carriage is not obviously lower than the combined value of the transport contracts for the cabotage operations.

Amendment 238 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b

Regulation (EC) No 1072/2009
Article 8 – b – paragraph 3

'National road haulage services carried out in the host Member State by a non-resident haulier shall ~~only~~not be deemed to comply with this Regulation ~~if the haulier can produce clear evidence of the preceding international carriage.'~~;

Amendment 239 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b

Regulation (EC) No 1072/2009
Article 8 – paragraph 3

Amendment 240 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b a (new)

Regulation (EC) No 1072/2009
Article 8 – paragraph 3 a (new)

(ba) The following paragraph is inserted: "3a. In order to prove that the conditions laid down in this Article have been met, the competent authorities of the Member State hosting the cabotage operation shall verify: (a) the tachograph data of the current day and that of the previous 56 days; (b) the electronic consignment notes of the current day and of the previous 56 days; (c) the notification referred to in paragraph 1. "

Amendment 241 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b a (new)

Regulation (EC) No 1072/2009
Article 8 – Paragraph 4

~~No additional document shall be required i~~(ba) Article 8 - Paragraph 4 is replaced by the following: "In order to prove ~~that~~ the conditions laid down in this Aarticle have been met. , the competent authorities of the member State hosting the cabotage operation may require additional documents and verify data related to: (a) the tachograph (b) the electronic consignment note " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02009R1072- 20130701&from=en)

Amendment 242 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c

Regulation (EC) No 1072/2009
Article 8 – paragraph 4 a

Evidence referred to in paragraph 3 shall be kept on board the vehicle, and presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as an electronic consignment note (the eCMR).* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide ~~the~~additional evidence referred to in paragraph 3.

Amendment 243 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c

Regulation (EC) No 1072/2009
Article 8 – paragraph 4 a

Evidence referred to in paragraph 3 shall be kept on board the vehicle and shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as the eCMR.* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the evidence referred to in paragraph 3.

Amendment 244 #

Martina DLABAJOVÁ, António MARINHO E PINTO, Renate WEBER

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c

Regulation (EC) No 1072/2009
Article 8 – paragraph 4 a

Evidence referred to in paragraph 3 shall be presented ~~or transmitted~~ to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as the eCMR.* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the evidence referred to in paragraph 3.

Amendment 245 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c

Regulation (EC) No 1072/2009
Article 8– paragraph 3

~~------------------_________________~~deleted

Amendment 246 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c a (new)

Regulation (EC) No 1072/2009
Article 8 – paragraph 4 b (new)

(ca) The following paragraph shall be inserted: "4b. In order to monitor effectively compliance with this Regulation, road transport undertakings shall notify in writing by way of a declaration, to the relevant national competent authorities of the Member State hosting the cabotage activity, at the latest at the commencement of the cabotage operation and in (one of) the official language(s) of the host Member State, or in (an)other language(s) accepted by the host Member State, relevant information necessary in order to allow effective control of cabotage operations, including at least the following: (a) the identity of the consignor; (b) the estimated duration of the cabotage operation; (c) the following data about each driver: name, Member State of residence, the Member State in which the employment contract is registered, the Member State in which social security contributions are paid, the social or national insurance number.

Amendment 247 #

Martina DLABAJOVÁ, António MARINHO E PINTO, Enrique CALVET CHAMBON, Renate WEBER

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)

Regulation (EC) No 1072/2009
Article 9 – paragraph 1 – point e a (new)

(5a) Article 9 is amended as follows: "Article 9 Rules applicable to cabotage operations 1. The performance of cabotage 1. operations shall be subject, save as otherwise provided in Community legislation, to the laws, regulations and administrative provisions in force in the host Member State with regard to the following: (a) the conditions governing the transport contract; (b) the weights and dimensions of road vehicles; (c) the requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs and live animals; (d) the driving time and rest periods; (e) the value added tax (VAT) on transport services.; (ea) the minimum rates of pay and paid annual leave, as stipulated in point (b) and (c) of the first subparagraph of Article 3(1) of Directive 96/71/EC of the European Parliament and of the Council; The weights and dimensions referred to in point (b) of the first subparagraph may, where appropriate, exceed those applicable in the haulier’s Member State of establishment, but they may under no circumstances exceed the limits set by the host Member State for national traffic or the technical characteristics mentioned in the proofs referred to in Article 6(1) of Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic. The laws, regulations and administrative provisions referred to in paragraph 1 shall be applied to non-resident hauliers under the same conditions as those imposed on hauliers established in the host Member State, so as to prevent any discrimination on grounds of nationality or place of establishment. ~~content/EN/TXT/?uri=uriserv:OJ.L_.2009.300.01.0072.01.ENG&toc=OJ:L:2009:300:TOC)~~" Or. en (http://eur-lex.europa.eu/legal-

Amendment 248 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)

Regulation (EC) No 1072/2009
Article 8 a (new)

(5a) the following Article 8a is added: ' Electronic Notification Road transport undertakings shall, by way of an electronic notification or in writing ahead of each cabotage operation performed, ensure that the competent authorities of all Member States are duly informed of the cabotage operation and relevant information necessary in order to allow for effective control of cabotage operations, at the latest at the commencement. This notification shall be made in one of the official languages of the host member state, or into another acceptable language, and shall include the following information: (i) the name of the consignor; (ii) the estimated duration of the operation; (iii) the driver's name, his country of residence, his country of social contributions and social insurance number; '

Amendment 249 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)

Regulation (EC) No 1072/2009
Article 9– paragraph 1– point f (new)

. (5a) Article 9- paragraph 1- point f is added: "(f) the application of the rules deriving from the Directive of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector; " Or. en (http://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX:32009R1072)

Amendment 25 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES

Proposal for a regulation
Recital 1 a (new)

(1a) Whereas the President of the European Commission Jean-Claude Juncker mentioned the foreseeable creation of a European Labour Authority in his State of the Union 2017 speech;

Amendment 250 #

Rosa D'AMATO, Daniela AIUTO, Laura AGEA, Tiziana BEGHIN

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)

Regulation (EC) No 1072/2009
Article 9 – paragraph 1 – point e a (new)

(5a) In Article 9, paragraph 1, the following point is added: “(ea) the minimum rates of pay and paid annual leave, as stipulated in points (b) and (c) of the first subparagraph of Article 3(1) of Directive 96/71/EC of the European Parliament and of the Council.”

Amendment 251 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)

Regulation (EC) No 1072/2009
Article 9 paragraph 1

(5a) Article 9 is amended as follows: " 1. The performance of cabotage operations shall be subject, save as otherwise provided in Community legislation, to the laws, regulations and administrative provisions in force in the host Member State with regard to the following:(a)the conditions governing the transport contract;(b)the weights and dimensions of road vehicles;(c)the requirements relating to the carriage of certain categories of goods, in particular dangerous goods, perishable foodstuffs and live animals;(d)the driving time and rest periods;(e)the value added tax (VAT) on transport services. ; (f) the conditions for posting of workers. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R1072&from=EN)

Amendment 252 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)

Regulation (EC) No 1072/2009
Article 9 – paragraph 1 – point e a (new)

(5b) In Article 9, in paragraph 1, the following point is added: (ea) the minimum rates of pay and paid annual leave, as stipulated in points (b) and (c) of the first subparagraph of Article 3(1) of Directive 96/71/EC of the European Parliament and of the Council*. __________________ *Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

Amendment 253 #

Kosma ZŁOTOWSKI, Czesław HOC, Zdzisław KRASNODĘBSKI, Richard SULÍK

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10 a

(7) the following Article 10a is inserted: ‘ Article 10a Checks 1. checks in such a way that, as from 1 January 2020, in every calendar year at least 2 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat. 2. undertakings which are classed as posing an increased risk of infringing the provisions of the present Chapter, applicable to them. For that purpose,deleted Each Member States shall, within the risk classification system established by them under Article 9 of Directive 2006/22/EC of the European Parliament and of the Council*** and extended in accordance with Article 12 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council,****treat the risk of such infringements as a risk in its own right. 3. Member States shall, at least three times per year, undertake concerted roadside checks on cabotage operations. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place. ______________________ *** Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities (OJ L 102, 11.4.2006, p. 35). ****Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).; organise Member States shall target those

Amendment 254 #

Siôn SIMON

Proposal for a regulation
Article 2 – paragraph 1 – point 7 (new)

Regulation (EC) No 1072/2009
Article 10 a – paragraph 1

(7a) The following Article 10 a, is inserted: In order to further enforce the obligations in this Chapter, Member States shall ensure that a coherent national enforcement strategy is applied on their territory. That strategy shall focus on undertakings with a high risk rating, referred to in Article 9 of Directive 2006/22/EC of the European Parliament and of the Council*, and shall make use of the information and data recorded, processed or stored over a 56-day period by the smart tachographs. The smart tachograph shall be introduced on a mandatory basis on all vehicles engaged in international transport and cabotage by the 2nd January 2020, at the latest. __________________ * Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC

Amendment 255 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation 1072/2009
Article 10 a – paragraph 1

1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 2 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.deleted

Amendment 256 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10 a – paragraph 1

Amendment 257 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10 a – paragraph 1 –

1. Cabotage by a carrier registered abroad is prohibited. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 2 4% of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 6% from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.

Amendment 258 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10 a – paragraph 1

1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 28 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 310 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.

Amendment 259 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10 a – paragraph 1

1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 26 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 38 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.

Amendment 26 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory.deleted

Amendment 260 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10 a – paragraph 1

1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 24 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 36 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.

Amendment 261 #

Rosa D'AMATO, Daniela AIUTO, Laura AGEA, Tiziana BEGHIN

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10 a – paragraph 1

1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 2 5% of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 10% from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.

Amendment 262 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10 a – paragraph 3

3. Member States shall, at least ~~three~~six times per year, undertake concerted roadside checks on cabotage operations, which may be performed in conjunction with checks carried out in accordance with Directive 2006/22/EC of the European Parliament and of the Council. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.

Amendment 263 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10 a – paragraph 3

3. Member States shall, at least ~~three~~six times per year, undertake concerted roadside checks on cabotage operations, which may coincide with checks performed in accordance with Article 5 of Directive 2006/22/EC. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.

Amendment 264 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10 a – paragraph 3

Amendment 265 #

Kosma ZŁOTOWSKI, Czesław HOC, Zdzisław KRASNODĘBSKI, Richard SULÍK

Proposal for a regulation
Article 2 – paragraph 1 – point 7 (new)

Regulation 1071/2009/EC
Article 10 a

3a. Member States shall, at least once a year, undertake concerted accountant checks for transport companies which have subsidiaries in other Member States in order to identify and penalize disproportionate profit shifting or under billing practices.

Amendment 266 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Regulation (EC) No 1072/2009
Article 14

~~Article 14a~~deleted

Amendment 267 #

Kosma ZŁOTOWSKI, Czesław HOC, Zdzisław KRASNODĘBSKI, Richard SULÍK

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Regulation (EC) No 1072/2009
Article 14

~~Liability~~deleted

Amendment 268 #

Kosma ZŁOTOWSKI, Czesław HOC, Zdzisław KRASNODĘBSKI, Richard SULÍK

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Regulation (EC) No 1072/2009
Article 14

Member States shall provide for sanctions against consignors, freight forwarders, contractors and subcontractors for non- compliance with Chapters II and III, where they knowingly commission transport services which involve infringements of this Regulation.deleted

Amendment 269 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Regulation (EC) No 1072/2009
Article 14 a – paragraph 1

Member States shall provide for effective and dissuasive sanctions against consignors, freight forwarders, contractors and subcontractors for non- compliance with Chapters II and III, where they ~~knowingly~~ commission transport services which involve infringements of this Regulation.

Amendment 27 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory.

Amendment 270 #

Rosa D'AMATO, Daniela AIUTO, Laura AGEA, Tiziana BEGHIN

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Regulation (EC) No 1072/2009
Article 14 a – paragraph 1

Member States shall provide for effective, proportionate and dissuasive sanctions against consignors, freight forwarders, contractors and subcontractors for non- compliance with Chapters II and III, where they ~~knowingly~~ commission transport services which involve infringements of this Regulation.

Amendment 271 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)

Regulation (EC) 1072/ 2009
Article 17 – paragraph 3 a (new)

3a. The Commission shall draw up a report on the state of the Union road transport market by the end of 2022. The report shall contain an analysis of the market situation, including an evaluation of the effectiveness of controls and the evolution of employment conditions in the profession, as well as an assessment as to whether harmonisation of the rules in the fields, inter alia, of enforcement and road user charges, as well as social and safety legislation, has progressed to such an extent that the further opening of domestic road transport markets, including cabotage, could be envisaged.

Amendment 272 #

Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)

Regulation 1072/2009/EC
Article 17 – paragraph 3 a (new)

3a. By 31 January of every year, at the latest, Member States shall inform the Commission of the number of transport companies that have subsidiaries in other Member States, the number of transport companies that have been verified for infringements of under-billing and/or disproportionate profit shifting.

Amendment 273 #

Michael DETJEN

Proposal for a regulation
Article 2 - paragraph 1- point 5 - point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

(2) Once the goods carried in the course of an incoming international carriage have been delivered, hauliers referred to in paragraph 1 shall be permitted to carry out, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, up to ~~thre~~one cabotage operations following the international carriage from another Member State or from a third country to the host Member State. ~~The last unloading i~~In the course of such a cabotage operation, the unloading before leaving the host Member State shall take place within 7 days from the last unloading in the host Member State in the course of the incoming international carriage. ~~Within the time limit referred to in the first subparagraph, hauliers may carry out some or all of the cabotage operations permitted und~~Following this cabotage operation, no further cabotage operations shall be permitted in that host Member State for a period of seven days. By way of derogation, a cabotage operation shall be allowed where th~~at subparagraph in any Member State under the condition~~e geographical place of unloading for a cabotage operation is closer to the base of the undertaking thatn the~~y are limited to one cabotage operation per Member State within 3 days of the~~ place of loading for that same cabotage operation, as long as the first place of loading lies within a radius of 200 km from the place of unload~~en entry into the territory of that Member State.~~ ing for the last international carriage. Or. de (http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32009R1072)

Amendment 28 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, tohas been increasing, particularly on the national transport market, because of those u~~ndertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common ru~~se of light commercial vehicles in towns and on shorter routes. Nonetheless, ~~and thus to~~it is appro~~xim~~priate ~~competitive conditions between all op~~that, for undertakings engaged in internat~~ors, this provision should be deleted, whereas~~ional transport, the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory. This will enable fairer competition on the internal market to be achieved without imposing unnecessary administrative and financial burdens on transport undertakings, particularly SMEs.

Amendment 29 #

Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER, Anne SANDER, Renaud MUSELIER, Franck PROUST

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. ~~As a result, several Member States hav~~In order to ensure the professionalisation of the dsec~~ided to apply the rules on~~tor by way of common rules, all requirements for access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory should be extended, proportionately and in a non-discriminatory manner, also to undertakings which operate solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit.

Amendment 30 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to ~~approximate competitive conditions~~ensure fair and equal competition between all operators in the sector, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory for all vehicles used in international haulage and cabotage operations, of whatever size.

Amendment 31 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Michael DETJEN, Alex MAYER, Claudiu Ciprian TĂNĂSESCU

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings ~~which are active in both national and international transport operations~~ has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes for international transport by way of common rules, and thus to approximate competitive conditions between all operators, th~~is provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandator~~e requirements for engagement in the occupation of road transport operator should apply equally.

Amendment 32 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, th~~is provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandat~~e requirements for access to the profession should become mandatory for operators using vehicles with a permissible laden mass between 2.4 tonnes and 3.5 tonnes involved in international transporyt.

Amendment 33 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory for undertakings conducting transport operations internationally.

Amendment 34 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To clarify the scope of that Regulation and avoid loopholes, to ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory.

Amendment 35 #

Proposal for a regulation
Recital 2 a (new)

(2a) With reference to the financial standing requirement for undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit, the amounts should take into account, in addition to the number of vehicles, also the proportionality principle in relation to the size of the undertaking;

Amendment 36 #

Siôn SIMON, Ole CHRISTENSEN, Rory PALMER, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Evelyn REGNER

Proposal for a regulation
Recital 2 a (new)

(2a) In its impact assessment, the Commission estimates savings for businesses in the range of EUR 2.7 to 5.2 billion in 2020-2035.

Amendment 37 #

Proposal for a regulation
Recital 3

Amendment 38 #

Proposal for a regulation
Recital 3

(3) ~~Currently,~~ Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. ~~This possibility has not proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolished.~~

Amendment 39 #

Proposal for a regulation
Recital 3

(3) ~~Currently,~~ Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. This possibility hais n~~ot proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolished~~ecessary to provide for a level playing field and common standards across Member States.

Amendment 40 #

Proposal for a regulation
Recital 3

(3) Currently, Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. ~~This possibility has not proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolished~~Member States should be able to continue to introduce additional, proportionate and non-discriminatory requirements that take account of the specific features of their own internal market.

Amendment 41 #

Proposal for a regulation
Recital 3 a (new)

(3a) Even though road transport activity in the EU provides 5 million direct jobs and contributes almost 2% of the Community’s GDP, the EU is faced with a shortage of professional drivers. In order to make it easier for young people to access the profession, and to retain people currently working in the industry (especially in the case of SMEs), it is important to end the downward pressure on terms of employment due to international competition with regard to wage costs, and wherever possible to bring about equal pay for equal work in international road transport.

Amendment 42 #

Proposal for a regulation
Recital 3 a (new)

(3a) The evaluation of Regulations (EC) Nos 1071/2009 and 1072/2009 has shown that unnecessary administrative and regulatory requirements are a burden for both government bodies and transport undertakings. A clarification of the rules and further administrative simplification, in line with the REFIT objectives, are necessary for a competitive and efficient transport industry. This also requires further support for and exploitation of technological developments.

Amendment 43 #

Proposal for a regulation
Recital 4

(4) ~~It is necessary~~Current EU social legislation in the road transport sector has fostered social dumping, unregulated relocation and, in general, the proliferation of illicit practices causing unfair competition in this sector, such as the misuse of cabotage arrangements or letterbox companies. Member States must therefore be able to take action to ensure that road transport operators established in ~~a Member State~~their territory have a real and continuous presence ~~in that Member Stat~~there and conduct their business from there. Therefore, ~~and in light of experience,~~ it is necessary to clarify the provisions regarding the existence of an effective and stable establishment, to step up checks and to combat the unfair practices that are threatening the entire sector, in Italy as in Europe.

Amendment 44 #

Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER, Anne SANDER, Renaud MUSELIER, Franck PROUST

Proposal for a regulation
Recital 4

(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there, including the process of directly billing their clients or, in case of a subsidiary system, the billing should be done in a proportionate way by the parent company. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment, as well as of a direct billing system with the beneficiary of the provided system, in order to ensure a proportionate profit shifting, avoid under billing in the Member State that provides the service and the underpayment of the employees in that Member State.

Amendment 45 #

Proposal for a regulation
Recital 4

Amendment 46 #

Proposal for a regulation
Recital 4

Amendment 47 #

Proposal for a regulation
Recital 4

Amendment 48 #

Proposal for a regulation
Recital 4

Amendment 49 #

Proposal for a regulation
Recital 4

Amendment 50 #

Proposal for a regulation
Recital 4 a (new)

(4a) The existence of letterbox companies and false self-employment within the transport sector is hampering the smooth functioning of the internal market and thus leading to a deterioration in working conditions for its workers. It is essential to combat these illegal practices which, even though they represent a minority, degrade the sector's image, since they reduce labour costs illegally and fail to ensure that working standards are maintained. It is nevertheless acknowledged that differences in wages resulting from economic and social divergences between Member States in no way represent an infringement of the law, unfair competition, market distortion or social dumping.

Amendment 51 #

Proposal for a regulation
Recital 4 a (new)

(4a) The existence of letterbox companies and false self-employment within the transport industry is hampering the smooth functioning of the internal market and at the same time causing a deterioration in terms of employment for its workers. It is essential to take resolute action against these illegal practices which, even though they represent only a small part of the industry, degrade the industry's image, since they reduce labour costs illegally and fail to ensure that labour law is complied with.

Amendment 52 #

Proposal for a regulation
Recital 4 a (new)

(4a) Freedom of establishment is a cornerstone of the internal market. However, the illegal practice of using letterbox companies is a threat to the functioning and long-term survival of the internal market. Evaluation has highlighted a clear need for clearer establishment requirements, more intensive monitoring and enforcement, and improved cooperation between Member States. The EU should intensify the fight against fraud and unfair competition in order to create a level playing field.

Amendment 53 #

Jérôme LAVRILLEUX, Franck PROUST, Renaud MUSELIER, Anne SANDER, Elisabeth MORIN-CHARTIER, Geoffroy DIDIER

Proposal for a regulation
Recital 4 a (new)

Amendment 54 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Recital 4 a (new)

(4a) It is necessary for the proper functioning of the European road haulage market to tackle letterbox companies. Decisive action is necessary in this context, to put an end to this practice, including enhanced cooperation, joint controls, the setting of targets and exchange of best practice between Member States.

Amendment 55 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Recital 4 b (new)

(4b) The road transport sector is currently faced with a shortage of professional drivers, particularly among young people and women. It is imperative that additional action is taken to make it easier and more attractive for young people and women to access the market, while also retaining those currently employed in the sector. To this end, fraudulent work and precarious work must be reduced, by efforts made to combat the abuse of fixed-term contracts, traineeship status used to replace regular work contracts and bogus self- employment.

Amendment 56 #

Proposal for a regulation
Recital 6

(6) In view of their potential to considerably affect the conditions for fair competition in the road haulage market, serious infringements of national tax rules should be added to the items relevant to the assessment of good repute and should also be subject to deterrent sanctions in proportion to the infringement identified.

Amendment 57 #

Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Marek PLURA, Krzysztof HETMAN

Proposal for a regulation
Recital 7

(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.deleted

Amendment 58 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

Proposal for a regulation
Recital 7

(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.

Amendment 59 #

Proposal for a regulation
Recital 7

(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.

Amendment 60 #

Proposal for a regulation
Recital 7

(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.

Amendment 61 #

Proposal for a regulation
Recital 7

(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.

Amendment 62 #

Proposal for a regulation
Recital 7

(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, ~~serious~~ infringements of Union rules on the posting of workers and cabotage, and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.

Amendment 63 #

Proposal for a regulation
Recital 7 a (new)

(7a) European Union rules on the posting of workers are designed for workers moving physically and for a fixed period to a Member State other than where they normally carry out their work. Owing to the mobile nature of workers in the road transport sector, the administrative formalities to be complied with by such undertakings should be relaxed. For this reason, they should be exempt from the assessment of good repute.

Amendment 64 #

Proposal for a regulation
Recital 8

(8) Given the importance of fair competition in the market, infringements of Union rules relevant to this issue and to the workers concerned should be taken into account in the assessment of the good repute of transport managers and transport undertakings. The empowerment of the Commission to define the degree of seriousness of relevant infringements should be clarified accordingly.

Amendment 65 #

Proposal for a regulation
Recital 10

Amendment 66 #

Proposal for a regulation
Recital 10

Amendment 67 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Recital 10

(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a sufficient, minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis and to ensure that they are able to meet their obligations related to wages and social contributions for employees engaged in the sector. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit.

Amendment 68 #

Proposal for a regulation
Recital 10

(10) UIn order to avoid distortions of competition and take account of the development of international transport activities of undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long- lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than, they should be subject to requirements similar to those applicable to operators using vehicles or combinations of vehicles above that limit.

Amendment 69 #

Jérôme LAVRILLEUX, Geoffroy DIDIER, Elisabeth MORIN-CHARTIER, Anne SANDER, Renaud MUSELIER, Franck PROUST

Proposal for a regulation
Recital 10

(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit and they should not represent an excessive burden for smaller undertakings or self-employed workers.

Amendment 70 #

Proposal for a regulation
Recital 10

(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. ~~However, since~~The rules applicable to access to the o~~per~~ccupation~~s concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit~~ of road haulage operator by means of vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes are those set out in Regulation (EC) No 1071/2009.

Amendment 71 #

Proposal for a regulation
Recital 11

(11) The information about transport operators contained in the national electronic registers should be as complete as possible to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, and the number of employees they hire~~, their risk rating and their basic financial information~~ should allow a better national and cross-border enforcement of the provisions of Regulations (EC) No 1071/2009 and (EC) No 1072/2009. The rules on the national electronic register should therefore be amended accordingly.

Amendment 72 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Recital 11

(11) The information about transport operators contained in the national electronic registers should be ~~as complete as possible~~continually updated to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations (EC) No 1071/2009 and (EC) No 1072/2009. Furthermore, the national electronic registers should be interoperable and the data contained therein should be directly accessible for enforcement officials of all Member States performing roadside checks. The rules on the national electronic register should therefore be amended accordingly.

Amendment 73 #

Martina DLABAJOVÁ, António MARINHO E PINTO, Enrique CALVET CHAMBON, Renate WEBER

Proposal for a regulation
Recital 11

(11) The information about transport operators contained in the national electronic registers should be as complete as possible to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations (EC) No 1071/2009 and (EC) No 1072/2009. Furthermore, the national electronic registers should be interoperable and the data contained therein should be directly accessible for officials of all Member States performing roadside checks. The rules on the national electronic register should therefore be amended accordingly.

Amendment 74 #

Proposal for a regulation
Recital 13

Amendment 75 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Franck PROUST, Renaud MUSELIER

Proposal for a regulation
Recital 13

(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far. Cabotage operations meet the objective of environmental efficiency; by avoiding unladen journeys, it is possible to reduce fuel consumption and GHG emissions. However, cabotage should not be misused in order to circumvent the applicable labour and social law of the host Member State. This would undermine not only the level playing field, but also workers’ rights and road safety.

Amendment 76 #

Proposal for a regulation
Recital 13

(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') ~~should be clear, simple and easy to enforce, whil~~– in order to avoid their having to return empty – should be clear, simple for hauliers to implement and easy to enforce in order to guarantee broad~~ly maintaining the level of liberalisation achieved so far~~ transport workers’ rights and promote fair competition between companies without undermining the basic principle of the free movement of services in the internal market.

Amendment 77 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN, Elena GENTILE

Proposal for a regulation
Recital 13

(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple, fair and easy to enforce, ~~while broadly maintaining the level of libera~~leading to a level playing field between hauliers, while safeguarding the advantages and integrity of the Union's internal market. To this end, it is imperative that EU rules on the posting of workers and the law applicable to contractual oblisgation ~~achieved so far~~s are applied at the commencement of cabotage operations.

Amendment 78 #

Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES

Proposal for a regulation
Recital 13

(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce~~, while broadly maintaining the level of liberalisation achieved so far~~.

Amendment 79 #

Proposal for a regulation
Recital 13

Amendment 80 #

Proposal for a regulation
Recital 13

Amendment 81 #

Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Marek PLURA, Krzysztof HETMAN

Proposal for a regulation
Recital 13

Amendment 82 #

Proposal for a regulation
Recital 13

(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State (‘cabotage’) should be clear, simple and easy to enforce, while broadly ~~mai~~containuing ~~the level of~~ liberalisation ~~achieved so far~~.

Amendment 83 #

Proposal for a regulation
Recital 13 a (new)

(13a) In order to ensure the temporary character and to avoid any distortion of the market caused by so-called ‘letter-box’ companies or nomadic drivers, it is necessary to ensure that cabotage operations have as their purpose the return to the country of establishment of the undertaking.

Amendment 84 #

Proposal for a regulation
Recital 14

Amendment 85 #

Anne SANDER, Elisabeth MORIN-CHARTIER, Jérôme LAVRILLEUX, Geoffroy DIDIER, Franck PROUST, Renaud MUSELIER

Proposal for a regulation
Recital 14

Amendment 86 #

Proposal for a regulation
Recital 14

(14) To this end, and in order to facilitate checks and to eliminate uncertainty and the danger of systematic cabotage, the limitation on the number of cabotage operations subsequent to an international carriage should be ~~abolished, while~~maintained and the number of days available for such operations should be reduced. It should be possible to determine whether cabotage is possible in three days with a single operation, which would be enough to ensure vehicles in an international operation would not have to return empty.

Amendment 87 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Recital 14

(14) ~~To this end, and i~~In order to reduce the environmental burden and to avoid empty runs, cabotage operations should be allowed following an international carriage to or from a haulier's Member State of establishment. In order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the ~~number of days~~amount of time available for such operations in that Member State should be reduced.

Amendment 88 #

Proposal for a regulation
Recital 14

Amendment 89 #

Danuta JAZŁOWIECKA, Agnieszka KOZŁOWSKA, Marek PLURA, Krzysztof HETMAN

Proposal for a regulation
Recital 14

(14) To this end, and in order to facilitate checks, to improve the level playing field and to eliminate uncertainty and unfair competition, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be strongly reduced.

Amendment 90 #

Proposal for a regulation
Recital 14

Amendment 91 #

Proposal for a regulation
Recital 14

Amendment 92 #

Proposal for a regulation
Recital 14

(14) To this end, and in order to facilitate checks ~~and to~~, eliminate uncertainty and take into account the fact that cabotage is not an ordinary form of haulage operation, the limitation on the number of cabotage operations subsequent to an international carriage should be ~~abolished, while the number of days available for such operations should be reduc~~maintained.

Amendment 93 #

Proposal for a regulation
Recital 14

(14) To this end, and in order to facilitate checks and to eliminate uncertainty, ~~the limitation on the number of cabotage operations subsequent to an int~~cabotage in its former interpretation as exempt from the law of the host Member State is therefore not allowed. Every cabotage opernation~~al carriage should be abolished, while the number of days available for such operations should be redu~~ should be remunerated in accordance with the rules in force in the country in which it takes placed.

Amendment 94 #

Proposal for a regulation
Recital 14

(14) ~~To this end, and in order to facili~~All forms of liberalisation of cabotatge ~~checks and to eliminate uncertainty, the limit~~that would lead to a further destabilisation onf the ~~number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be reduc~~sector to the benefit of unfair and unregulated competition, a lack of road safety and a loss of profitability should be firmly opposed.

Amendment 95 #

Proposal for a regulation
Recital 14 a (new)

(14a) Recital 17 of Regulation (EC) No 1072/2009 explicitly stipulates that the Directive concerning the posting of workers in the framework of the provision of services applies to transport undertakings performing a cabotage operation. Since cabotage involves direct participation in the transport market of the host Member State, this is the only way of achieving a level playing field.

Amendment 96 #

Proposal for a regulation
Recital 14 a (new)

(14a) Cabotage is prohibited for a lorry registered abroad.

Amendment 97 #

Martina DLABAJOVÁ, António MARINHO E PINTO, Enrique CALVET CHAMBON, Robert ROCHEFORT, Renate WEBER

Proposal for a regulation
Recital 14 b (new)

(14b) The effective implementation and enforcement of this Regulation is undermined when other EU legislation is used by hauliers to circumvent the cabotage rules, contrary to the intention of the legislator. Council Directive 92/106/EEC1a (the Combined Transport Directive) should therefore be amended so that hauliers cannot use it as a pretext for circumventing the rules on cabotage laid down in this Regulation. __________________ 1a Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, p. 38).

Amendment 98 #

Siôn SIMON, Ole CHRISTENSEN, Evelyn REGNER, Rory PALMER, Guillaume BALAS, Alex MAYER, Claudiu Ciprian TĂNĂSESCU, Michael DETJEN

Proposal for a regulation
Recital 15

(15) Effective and efficient enforcement of the rules is a prerequisite for fair competition in the internal market and to ensure that the rights of workers are protected. Further digitalisation of enforcement is essential in order to free up enforcement capacity, reduce unnecessary administrative burden and better target high-risk transport operators. The rapid update and use of smart tachographs and electronic transport documents (eCMR) is necessary. The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures.

Amendment 99 #

Proposal for a regulation
Recital 15 a (new)

(15a) Further digitalisation of enforcement tools is a prerequisite for the proper functioning of the internal market, reducing unnecessary administrative burden and carrying out effective and efficient enforcement of the rules in the road sector;

source: 616.759

2018/02/23 TRAN 405 amendments...

Amendment 100 #

Proposal for a regulation
Recital 11

(11) The information about transport operators contained in the national electronic registers should be ~~as complete as possibl~~constantly kept complete and up-to-date to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross- border enforcement of the provisions of Regulations(EC) No 1071/2009 and (EC) No 1072/2009. The rules on the national electronic register should therefore be amended accordingly.

Amendment 101 #

Proposal for a regulation
Recital 11

(11) The information about transport operators contained in the national electronic registers should be as complete as possible to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of ~~employee~~drivers they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations(EC) No 1071/2009 and (EC) No 1072/2009. The rules on the national electronic register should therefore be amended accordingly.

Amendment 102 #

Proposal for a regulation
Recital 11

(11) The information about transport operators contained in the national electronic registers should be as complete as possible to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the ~~registration~~ number of the vehicles at the disposal of operators, the number of ~~employee~~drivers they hire, their risk rating and their basic financial information should allow a better national and cross- border enforcement of the provisions of Regulations(EC) No 1071/2009 and (EC) No 1072/2009. The rules on the national electronic register should therefore be amended accordingly.

Amendment 103 #

Proposal for a regulation
Recital 11 a (new)

(11a) With the objective of verifying the correct application of and compliance with this Regulation and minimising the duration of roadside stops for drivers, inspectors responsible for roadside checks will have direct real-time access, via an electronic application common to all the EU Member States, both to the system interconnecting national registers of transport undertakings and activities, ERRU, and to information on the driver’s posting declaration through the Internal Market Information System (IMI). In this context, the Commission is expected to develop this electronic application that will provide direct real-time access to the ERRU and IMI during roadside checks as soon as possible.’

Amendment 104 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Recital 13

(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far. Cabotage operations meet the objective of environmental efficiency. By avoiding unladen journeys, it is possible to reduce fuel consumption and GHG emissions. However, cabotage should not be misused in order to circumvent the applicable labour and social law of the host Member State. This would undermine not only the level playing field, but also workers’ rights and road safety.

Amendment 105 #

Proposal for a regulation
Recital 13

Amendment 106 #

Proposal for a regulation
Recital 13

(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, ~~while broadly maintaining the level of liberalisation achieved so far~~bearing in mind that the purpose of cabotage is to increase the efficiency of transport operations and avoid empty runs, and that said rules should promote fair competition while safeguarding the advantages of the Union's internal market.

Amendment 107 #

Proposal for a regulation
Recital 13

Amendment 108 #

Proposal for a regulation
Recital 13

Amendment 109 #

Proposal for a regulation
Recital 13

Amendment 110 #

Proposal for a regulation
Recital 13

(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, w~~hile broadly maintaining~~ith a view to increase the level of liberaliszation and achieve~~d so far~~ a single market for transport.

Amendment 111 #

Proposal for a regulation
Recital 13

Amendment 112 #

Dominique RIQUET

Proposal for a regulation
Recital 13

Amendment 113 #

Proposal for a regulation
Recital 13

Amendment 114 #

Proposal for a regulation
Recital 13

Amendment 115 #

Proposal for a regulation
Recital 13

Amendment 116 #

Proposal for a regulation
Recital 14

Amendment 117 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Recital 14

(14) To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be reduceIn order to reduce the environmental burden and to avoid empty runs, cabotage operations should be allowed following an international carriage to or from a haulier's Member State of establishment. In order to facilitate checks and to eliminate uncertainty, the number of (24-hour) days available for cabotage operations should be reduced to one; consequently, it is proposed to reduce to one the number of transport operations that may be carried out within a 24-hour period.

Amendment 118 #

Proposal for a regulation
Recital 14

(14) To this end, and in order to facilitate checks and to eliminate uncertainty and the risk of systematic cabotage, the limitation on the number of cabotage operations subsequent to an international carriage should be ~~abolished, while~~maintained and the number of days available for such operations should be reduced. The time limit for cabotage should be set at three days with a single operation, which would be enough to ensure vehicles in an international operation would not have to return empty.

Amendment 119 #

Proposal for a regulation
Recital 14

(14) ~~To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while~~As Member States have been unable to monitor the number of cabotage operations subsequent to an international carriage operation, this criterion should be abolished in order finally to make it possible to monitor cabotage and do away with current uncertainties. At the same time, the limitation of cabotage should in future be based only on the number of ~~day~~hours available for such operations ~~should be reduced~~.

Amendment 120 #

Proposal for a regulation
Recital 14

Amendment 121 #

Proposal for a regulation
Recital 14

Amendment 122 #

Proposal for a regulation
Recital 14

(14) To this end, and in order to facilitate checks and to eliminate uncertainty as well as to ensure that levels of empty running decrease, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be ~~reduc~~maintained.

Amendment 123 #

Proposal for a regulation
Recital 14

Amendment 124 #

Proposal for a regulation
Recital 14

Amendment 125 #

Proposal for a regulation
Recital 14

(14) To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage ~~should be abolished, while~~and the number of days available for such operations should be ~~reduc~~abolished.

Amendment 126 #

Proposal for a regulation
Recital 14

(14) To this end, and in order to facilitate checks and to eliminate uncertainty, ~~the limitation on the number of~~any cabotage operations subsequent to an international carriage should be ~~abolished, while the number of days available for such operations should be reduced~~remunerated in accordance with the rules in force in the country where the cabotage takes place where those rules are more favourable to the driver.

Amendment 127 #

Proposal for a regulation
Recital 14 a (new)

(14a) The effective implementation and enforcement of this Regulation is undermined when other Union legislation is used by hauliers to unduly circumvent the cabotage rules, contrary to the intention of the legislator.Council Directive 92/106/EEC* (the Combined Transport Directive) should therefore be amended so that hauliers cannot use it as a pretext for circumventing the rules on cabotage laid down in this Regulation. * Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, p. 38).

Amendment 128 #

Proposal for a regulation
Recital 14 a (new)

Amendment 129 #

Proposal for a regulation
Recital 14 a (new)

(14 a) In order to ensure that cabotage operations are not carried out on systematic basis which may create a permanent activity, hauliers should not be allowed to carry out cabotage operations in the same host Member State within a certain period of time after completing the cabotage operation.

Amendment 130 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Recital 14 a (new)

(14 a) To ensure that cabotage operations are not carried out in a way that creates a permanent or continuous activity, hauliers should not be allowed to carry out cabotage operations in the same host Member State within two weeks after the end of a period of cabotage operations.

Amendment 131 #

Proposal for a regulation
Recital 15

(15) The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. T~~he use and transmission of electronic transport information should be recognised as such means,~~o ensure fair competition in each internal market, the application of EU rules to electronic transport information, the use and transmission of which should simplify the provision of relevant evidence and its treatment by the competent authorities, should be subject to effective control. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures. To do that, it is desirable to continue the process of making transport documents paperless in order to simplify controls and administrative and procedures. Thus, in the spirit of the Additional Protocol of 20 February 2008 to the Convention on the Contract for the International Carriage of Goods by Road (CMR), the use of electronic documents should eventually become the rule, particularly the electronic consignment note.

Amendment 132 #

Proposal for a regulation
Recital 15

(15) Experience has shown that the existing rules are not being properly enforced and that, despite appropriate legislation being adopted, current problems have not therefore been resolved. In order to ensure more efficient enforcement, digitisation must be introduced throughout Europe in this sector. Electronic transport documents (eCMR) and the networking of national electronic registers of road undertakings (ERRU) which has been in progress since 2012 must be made to work properly at long last and employed throughout Europe. The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures.

Amendment 133 #

Proposal for a regulation
Recital 15

(15) The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. To this end, further digitalization of enforcement capacity and documentation is essential and should be further encouraged at national and EU level, beginning with the introduction and use of smart tachographs and with the tools communicating remotely with smart tachographs, which are necessary for the roadside enforcement authorities. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures.

Amendment 134 #

Proposal for a regulation
Recital 15

(15) Effective and efficient enforcement of the rules is a prerequisite for fair competition in the internal market. Further digitalization of enforcement by using electronic transport documents is essential in order to free up enforcement capacity, reduce unnecessary administrative burden and better target fraudulent practices. The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures.

Amendment 135 #

Proposal for a regulation
Recital 15

(15) The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures, while avoiding the creation of a new database in order not to impose an additional burden on international transport operators, in particular SMEs.

Amendment 136 #

Proposal for a regulation
Recital 15 a (new)

(15 a) The introduction of a new device - smart tachograph - should enable enforcement authorities carrying out roadside checks to detect infringements and abnormalities especially in cabotage operations quicker and more efficiently which would result in better enforcement of this regulation.

Amendment 137 #

Proposal for a regulation
Recital 15 a (new)

(15 a) Further digitalisation of enforcement tools is a prerequisite for the proper functioning of the internal market, reducing unnecessary administrative burden and carrying out effective and efficient enforcement of the rules in the road sector;

Amendment 138 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Richard SULÍK, Czesław HOC, Angel DZHAMBAZKI, Evžen TOŠENOVSKÝ

Proposal for a regulation
Recital 16

Amendment 139 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a

~~(i) point (a) is~~ deleted;

Amendment 140 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a

(i) point (a) is ~~deleted~~replaced by the following: (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 2.4 tonnes; (aa) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 3.5 tonnes that are engaged exclusively in national transport operations;

Amendment 141 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a

(i) point (a) is ~~deleted~~replaced by the following: (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 2,8 tonnes, (aa) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 3,5 tonnes that are engaged exclusively in national transport operations;

Amendment 142 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a

(i) point (a) is ~~deleted~~replaced by the following: (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 2,8 tonnes; (aa) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 3,5 tonnes that are engaged exclusively in national transport operations;

Amendment 143 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a

(i) point (a) is ~~deleted;~~replaced by the following: (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3.5 tonnes and that engage only in national transportation. Member States may, however, lower this limit for all or some categories of road transport operations.

Amendment 144 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Regolamento (CE) n. 1071/2009
Articolo 1 – paragrafo 4 – lettera a

Amendment 145 #

Henna VIRKKUNEN

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a

(i) point (a) is ~~deleted~~replaced by the following: (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3.5 tonnes engaged exclusively in national transport operations in their Member State of establishment;

Amendment 146 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a

(i) point (a) is ~~deleted;~~replaced by the following; (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 3,5 tonnes that are engaged exclusively in national transport operations or international transport operations not exceeding a radius of 50 kilometres from the border.

Amendment 147 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a

(i) pPoint (a) is ~~delet~~replaced by the following: (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles, the permissible laden mass of which is 3.5 tonnes or less, that are engaged exclusively in national transport operations in the Member State in which they are established;

Amendment 148 #

Proposal for a regulation
Article 1.º – paragraph 1 – point 1 – point a – point i

Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a

(i) point (a) is ~~deleted~~replaced by the following: (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3.5 tonnes in national transport operations, or international transport operations undertaken in a radius of 100 kilometres;

Amendment 149 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Verordnung (EG) Nr. 1071/2009
Artikel 1 – Absatz 4 – Buchstabe a

(i) point (a) is ~~deleted;~~replaced by the following: (a) undertakings engaged in the occupation of road haulage operator using only motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 2.8 tonnes.

Amendment 150 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Regolamento (EC) 1071/2009
Articolo 1 – paragrafo 4 – lettera a

(i) point (a) ~~is deleted~~to read as follows: (a) undertakings engaged in the occupation of road haulage operator using only motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 1.5 tonnes;

Amendment 151 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Regulation No 1071/2009 (EC)
Article 1 – paragraph 4 – point a

(i) point (a) is ~~deleted~~replaced by the following; (a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is lower than 2,4 tonnes;

Amendment 152 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i a (new)

(ia) the following point (aa) is added: undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which is 2.5 tonnes or less;

Amendment 153 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point ii

Regulation No 1071/2009 (EC)
Article 1 – paragraph 4 – point b – paragraph 2

Any carriage by road for which no remuneration is received and which does not ~~cre~~generate any income, such as carriage of persons for charity purposes or for strictly private use, is to be considered as carriage exclusively for non-commercial purposes;;

Amendment 154 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point ii

Regulation 1071/2009
Article 1 – paragraph 4 – point b – paragraph 2

Any carriage by road ~~for which no remuneration is received and which does not create any income, such as carriage of persons for charity purposes or for strictly private use~~the purpose of which is not to generate any profit for the driver or others, such as where the service is provided on a charitable or philanthropic basis, is to be considered as carriage exclusively for non-commercial purposes;;

Amendment 155 #

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

Regulation (EC) 1071/2009
Article 1 – paragraph 6

(b) the following paragraph 6 is added: '6. '6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b) lower the limit referred to in the first subparagraph for all or some categories of road transport operations.;lower the limit referred to in the first subparagraph for all or some categories of road transport operations.;deleted

Amendment 156 #

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

Regulation (EC) No 1071/2009
Article 1 – paragraph 6

(b) the following paragraph 6 is added: '(6) '6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: require those undertakings to apply some or all of the provisions referred to in the first subparagraph; lower the limit referred to in the first subparagraph for all or some categories of road transport operations.';lower the limit referred to in the first subparagraph for all or some categories of road transport operations.;deleted

Amendment 157 #

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

Regulation (EC) No 1071/2009
Article 1 – paragraph 6

(b) The following paragraph 6 is added: '6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b) lower the limit referred to in the first subparagraph for all or some categories of road transport operations.;’deleted

Amendment 158 #

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

Förordning (EG) nr 1071/2009
Artikel 1 – point 6

(b) the following paragraph 6 is added: ‘6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: (a) require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b)’deleted

Amendment 159 #

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

Regulation (EC) no1071/2009
Article 1– paragraph 6

(b) the following paragraph 6 is added: ‘6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: (a) require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b) lower the limit referred to in the first subparagraph for all or some categories of road transport operations.;’deleted

Amendment 160 #

Christine REVAULT D'ALLONNES BONNEFOY, Kathleen VAN BREMPT, Ismail ERTUG, Hugues BAYET, Lucy ANDERSON, Karoline GRASWANDER-HAINZ, Michael DETJEN

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

Regulation (EC) No 1071/2009
Article 1 – paragraph 6

(b) the following paragraph 6 is added: ‘6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: (a) require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b) lower the limit referred to in the first subparagraph for all or some categories of road transport operations.;’deleted

Amendment 161 #

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

Regulation 1071/2009
Article 1 – paragraph 6

6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: (a) require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b) lower the limit referred to in the first subparagraph for all or some categories of road transport operations.;deleted

Amendment 162 #

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

Regulation No 1071/2009
Article 1 – paragraph 6

Amendment 163 #

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

Regulation (EC) No 1071/2009
Article 1 – point 6

Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes.deleted

Amendment 164 #

Henna VIRKKUNEN

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

Regulation (EC) No 1071/2009
Article 1 – point 6

Amendment 165 #

Olga SEHNALOVÁ

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

'6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles with a permissible laden mass not exceeding ~~3.5~~2.8 tonnes ~~or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes.~~. Member States may, however, lower this limit for all or some categories of road transport operations;

Amendment 166 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

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

Regulation (EC) No 1071/2009
Article 1 – paragraph 6 – first subparagraph

Article 3(1)~~(b) and~~ (d) and Articles ~~4, 6, 8, 9, 14, 19~~8 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes.

Amendment 167 #

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

Règlement (CE) 1071/2009
Article 1 – paragraph 6 – subparagraph 1

Amendment 168 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

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

Règlement (CE) 1071/2009
Article 1 – paragraph 6 – subparagraph 2

Member States may, however: (a) require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b) lower the limit referred to in the first subparagraph for all or some categories of road transport operations.;deleted

Amendment 169 #

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

Regulation 1071/2009
Article 1 – paragraph 6 – second subparagraph

Amendment 170 #

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

Regulation 1071/2009/EC
Article 1 – paragraph 6 – second subparagraph

Amendment 171 #

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

EC 1071/2009
Artikel 1 – Absatz 6 – Buchstaben a und b

Amendment 172 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b (new)

Regulation 1071/2009/EC
Article 1 – paragraph 5 a (new)

(b a) The following paragraph 5 a is added: By way of derogation from paragraph 2, this Regulation shall, unless otherwise provided for in national law, not apply to transport operations in cross-border regions, carried out by transport operators by means of vehicles with the permissible laden mass which does not exceed 3,5 tonnes from these regions, within 100 km radius from the border.

Amendment 173 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation 1071/2009/EC
Article 3 – paragraph 2

~~(2) in Article 3, paragraph 2 is~~ deleted;

Amendment 174 #

Marco ZANNI, Angelo CIOCCA, Mario BORGHEZIO, Mara BIZZOTTO

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation 1071/2009/EC
Article 3 – paragraph 2

~~(2) in Article 3, paragraph 2 is~~ deleted;

Amendment 175 #

Massimiliano SALINI, Salvatore Domenico POGLIESE

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation 1071/2009/EC
Article 3 – paragraph 2

~~(2) in Article 3, paragraph 2 is~~ deleted;

Amendment 176 #

David Maria SASSOLI

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation 1071/2009/EC
Article 3 – paragraph 2

~~(2) in Article 3, paragraph 2 is~~ deleted;

Amendment 177 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation 1071/2009/EC
Article 3 – paragraph 2

~~(2) in Article 3, paragraph 2 is~~ deleted;

Amendment 178 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation 1071/2009/EC
Article 3 – paragraph 2

~~(2) in Article 3, paragraph 2 is~~ deleted;

Amendment 179 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) no1071/2009
Article 3 – paragraph 2

~~(2) in Article 3, paragraph 2 is~~ deleted;

Amendment 180 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regolamento (CE) 1071/2009
Articolo 3 – paragrafo 2

(2) in Article 3, paragraph 2 is ~~deleted;~~amended as follows: Member States may decide to impose additional requirements, which shall be proportionate and non-discriminatory, to be satisfied by undertakings in order to engage in the occupation of national road transport operator.

Amendment 181 #

Proposal for a regulation
Article 1.º – paragraph 1 – point 3 – introductory part

regulation 1071/2009
Article 5 paragraph 1

(3) Article 5 is amended as follows: In order to satisfy the requirement laid down in Article 3(1)(a), the undertaking shall:

Amendment 182 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) no1071/2009
Article 5 – point a

(a) have premises in which it keeps its core business documents, accessible both electronically and in hardcopy in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation; Member States may require that hauliers established on their territory also have other documents available at their premises at any time;

Amendment 183 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

(a) have premises in which it keeps its coreiginal business documents, or ensure access to the documents electronically, in particular its ~~commercial~~transport contracts, accounting documents, personnel management documents, labour contracts, social security documents, documents relating to collective agreements, where appropriate, documents containing data relating to driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;

Amendment 184 #

Proposal for a regulation
Article premier – paragraph 1 – point 3 – point a

Règlement (CE) 1071/2009
Article 5 – point a

(a) have ~~premises in which it keeps its core business documents~~appropriate premises, proportionate to the activities of the undertaking in the member State of establishment, in which it keeps its core business documents, accessible either in hard copy or electronic form, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;

Amendment 185 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

Regolamento (CE) n. 1071/2009
Articolo 5 – lettera a

Amendment 186 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

Verordnung (EG) Nr. 1072/2009
Artikel 5 – Buchstabe a

(a) have an establishment situated in that Member State with premises in which it keeps its core business documents, in particular its ~~commercial~~ contracts, accounting documents, personnel management documents, ~~labour contract~~pay slips, documents containing data relating to cabotage and driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;.

Amendment 187 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 1071/2009
Article 5 – point a

(a) have premises in which it keeps its core business documents, or secures access to them, either in written or electronic form, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;

Amendment 188 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

regulation 1071
Article 5 – point a

(a) have premises in which it keeps its core business documents, or allows access to them, including in electronic format, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;

Amendment 189 #

Proposal for a regulation
Article premier – paragraph 1 – point 3 – point a

Regulation 1071/2009/EC
Article 5 – point a

(a) have premises in which it keeps its core business documents, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to driving time and rest ~~and~~, to cabotage and to posting, as well as any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;

Amendment 190 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 1071/2009
Article 5 – point a

(a) have premises in which it keeps its core business documents, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to posted workers, driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;

Amendment 191 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

Regulation 1071/2009/EC
Article 5 – point (a)

(a) have premises in which it keeps its core business documents, ~~in particular its commercial contrac~~either in written or electronic form, in particular its, accounting documents, personnel management documents, labour contracts, documents containing data relating to driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;;

Amendment 192 #

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

Regulation (EC) no1071/2009
Article 5 point a a (new)

(a a) the following point (a a) is added: (aa) conduct a substantial part of their transport operations using the vehicles referred to in point (b) in the Member State of establishment;

Amendment 193 #

Christine REVAULT D'ALLONNES BONNEFOY, Ismail ERTUG, Hugues BAYET, Lucy ANDERSON, Kathleen VAN BREMPT, Isabella DE MONTE, Karoline GRASWANDER-HAINZ, Michael DETJEN

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

Regulation 1071/2009/EC
Articolo 5 – lettera a bis

(aa) the following point is added: (aa) have parking areas that are proportionate to the size of its own vehicle fleet;

Amendment 194 #

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

Regulation 1071/2009/EC
Article 5 – point a a (new)

(a a) the following point (a a) is added: (a a) The vehicles referred to in point (b) shall perform, in the framework of a transport contract, at least one loading or one unloading of goods per week in the premises of one company located in the same territory than the one of the establishment country.

Amendment 195 #

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

(c) conduct effectively and continuously its administrative and commercial activities ~~with the appropriate administrative equipment and facilities at premises~~at premises situated in that Member State and carry out its transport operations with the vehicles referred to in point (b) with the appropriate technical equipment situated in that Member State;;

Amendment 196 #

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

Regulation 1071/2009
Article 5 – point c

(c) conduct effectively and continuously its administrative and commercial activities ~~with the appropriate administrative equipment and facilities~~ at premises situated in that Member State;;

Amendment 197 #

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

Regulation (EC) No 1071/2009
Article 5 – point c

(c) conduct effectively and continuously its administrative and commercial activities with the appropriate administrative equipment and facilities at premises referred to in point (a) situated in that Member State;;

Amendment 198 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c

Regulation 1071/2009
Article 5 – point d

(c) the following point (d) is added: ‘(d) manage the transport operations carried out with the vehicles referred to in point (b) with the appropriate technical equiment situated in that Member State;;’deleted

Amendment 199 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c

~~(d) manage the transport operations carried out with the vehicles referred to in point (b) with the appropriate technical equiment situated in that Member State;;~~deleted

Amendment 200 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c

Verordnung (EG) Nr. 1071/2009
Artikel 5 – Buchstabe d

(d) ~~manage the transport operations carried ou~~or provide most of the transport services from that Member State or have more parking spaces than would be consistent with the number of vehicles as referred to in point (b) ~~with~~ and other appropriate technical equipment ~~situated in that Member State;~~;

Amendment 201 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c

Regulation 1071/2009/EC
Article 5 – point d

(d) manage the transport operations carried out with the vehicles referred to in point (b) as well as the routine maintenance of the vehicles of the fleet with the appropriate technical equiment situated in that Member State;;

Amendment 202 #

Proposal for a regulation
Article premier – paragraph 1 – point 3 – point c

Règlement (CE) 1071/2009
Article 5 – point d

(d) manage the transport operations carried out with the vehicles referred to in point (b) and the servicing of this fleet of vehicles with the appropriate technical equipment situated in that Member State;;

Amendment 203 #

Pavel TELIČKA

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point c

Regulation (EC) No 1071/2009
Article 5 – point d

(d) manage effectively and continuously the transport operations carried out with the vehicles referred to in point (b) with the appropriate technical equipment situated in that Member State;;

Amendment 204 #

Proposal for a regulation
Article premier – paragraph 1 – point 3 – point c

règlement (CE) n° 1071/2009
Article 5 – point d

(d) manage effectively and continuously the transport operations carried out ~~with the vehicles referred to in point (b)~~ with the appropriate technical equipment situated in that Member State;;

Amendment 205 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d

Regulation 1071/2009
Article 5 – point e

~~(d) the following point (e) is added: ‘(e) hold assets and employ staff proportionate to the activity of the establishment.;’~~deleted

Amendment 206 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d

Regulation 1071/2009
Article 5 – point e

~~(e) hold assets and employ staff proportionate to the activity of the establishment.;~~deleted

Amendment 207 #

Massimiliano SALINI, Salvatore Domenico POGLIESE

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d

(e) h~~old assets and employ staff~~ave at its disposal on a regular basis a number of vehicles and drivers which is commensurate with the number of operations carried out by the undertaking, as well as an administrative staff and operating infrastructure proportionate to the activity of the ~~establishment.~~undertaking;

Amendment 208 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d

Regulation (EC) No 1071/2009
Article 5 – point e

(e) hold ~~asset~~vehicles and employ ~~staff~~drivers proportionate to the activity of the establishment.; (This amendment applies throughout the text;adopting it will necessitate corresponding changes throughout.)

Amendment 209 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point d

VERORDENING (EG) nr. 1071/2009
Artikel 5, letter e

(e) h~~old assets and employ staff proportionate to the activity of the establish~~ave the necessary means to comply with the above-mentioned requirement.s;

Amendment 210 #

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

Regulation (EC) No 1071/2009
Article 5 – point f and g (new)

(ea) (f) have a clear link between the transport operations carried out using the vehicles referred to in point (b) and the Member State of establishment. (g) the undertaking has a representative in each Member State in which it operates on a regular basis who can provide access to any documentation serving to verify that the conditions set out in this Regulation have been satisfied.

Amendment 211 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Article 1.º – paragraph 1 – point 3 – point d a (new)

regulation 1071/2009
Article 5 – paragraph 1 a (new)

(da) 1a.In addition to the requirements laid down in the first subparagraph, the Member State of establishment may require that an undertaking has: (a) duly qualified administrative staff at the premises of the transport manager, contactable during suitable hours, in proportion to the scale on which the undertaking operates; (b) operational infrastructure, in addition to the technical equipment referred to in point 1(c) on the territory of that Member State, including an office open during suitable hours, in proportion to the scale on which the undertaking operates.

Amendment 212 #

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

Règlement (CE) 1071/2009
Article 5 – point d a (new)

(da) organises its activities in such a way that each vehicle used in international transport operations performs, at least once every two weeks, one commercial loading or unloading of goods operation in the country of establishment of the undertaking concerned.

Amendment 213 #

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

Regulation (EC) no1071/2009
Article 5 – point d a (new)

(d a) have an operating centre situated in that Member State with necessary equipment, and in particular a sufficient number of vehicles parking places for regular use by the vehicles referred to in point (b).

Amendment 214 #

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

Regulation (EC) no1071/2009
Article 5 point d b (new)

(3 a) (d b ) organise its business activity in order that each vehicle used in the framework of transport international operations, completes at least within a period of 2 weeks, one commercial operation of loading or unloading in the concerned haulier's Member State of establishment.

Amendment 215 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

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

Regulation 1071/2009/EC
Article 5 – paragraph 1 a (new)

(3a) The assessment of the effective and stable establishment of an undertaking in the Member State concerned is always an individual and general assessment, taking into account all relevant factors.

Amendment 216 #

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

Regulation (EC) No 1071/2009
Article 6 – paragraph 1– subparagraph 2

In determining whether an undertaking has satisfied that requirement, Member States shall consider the conduct of the undertaking, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State. Any reference in this Article to convictions, penalties or infringements shall include convictions, penalties or infringements of the undertaking itself, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State.;deleted

Amendment 217 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Article premier – paragraph 1 – point 4 – point a – point i

Règlement (CE) 1071/2009
Article 6 – paragraph 1 – subparagraph 2

In determining whether an undertaking, irrespective of the type of vehicle it uses in its transport operations, has satisfied that requirement, Member States shall consider the conduct of the undertaking, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State. Any reference in this Article to convictions, penalties or infringements shall include convictions, penalties or infringements of the undertaking itself, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State.;

Amendment 218 #

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

Regulation 1071/2009/EC
Article 6 – paragraph 1a – point vii

~~(ii) in point (a) of the third subparagraph the following point (vii) is added: ‘(vii) tax law.;’~~deleted

Amendment 219 #

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

Regulation (EC) No 1071/2009
Article 6 – paragraph 1 – subparagraph 3 – point a – point vii

~~(vii) tax law.;~~deleted

Amendment 220 #

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

(vii) tax law. and social security contributions.';

Amendment 221 #

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

Regulation 1071/2009/EC
Article 6 – paragraph 1 – point b – point xi

~~(xi) the posting of workers;~~deleted

Amendment 222 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

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

Regulation (EC) No 1071/2009
Article 6 – paragraph 1b – point xi

~~(xi) the posting of workers;~~deleted

Amendment 223 #

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

Regulation (EC) No 1071/2009
Article 6 – paragraph 1 – point b – point xi

~~(xi) the posting of workers;~~deleted

Amendment 224 #

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

Regulation 1071/2009/EC
Article 6 – paragraph 1b – point xi

~~(xi) the posting of workers;~~deleted

Amendment 225 #

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

~~(xi) the posting of workers;~~deleted

Amendment 226 #

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

(xi) ~~the~~ posting of ~~workers~~drivers in the road transport sector;

Amendment 227 #

Proposal for a regulation
Article premier – paragraph 1 – point 4 – point a – point iii (new)

Regulation 1071/2009/EC
Article 6 – paragraph 1 – point b – point xi a

(xia) (xii) cabotage

Amendment 228 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)

VERORDENING (EG) nr. 1071/2009
Artikel 6, lid 1, alinea 3, letter b, punt xi(bis)(nieuw)

(xia) Cabotage

Amendment 229 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)

Regulation (EC) no1071/2009
Article 6 – paragraph 1 – subparagraph 3 – point xi (a)

(xi a) cabotage

Amendment 230 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)

EC 1071/2009 and EC 1072/2009
Artikel 6 – Absatz 1 – Unterabsatz 3 – Buchstabe b

xia) cabotage

Amendment 231 #

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

Regulation 1071/2009/EC
Article 6 – paragraph1b – point xii

~~(xii) the law applicable to contractual obligations.;~~deleted

Amendment 232 #

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

Regulation 1071/2009
Article 6 (1)(b)(xii)

~~(xii) the law applicable to contractual obligations.;~~deleted

Amendment 233 #

Christine REVAULT D'ALLONNES BONNEFOY, Kathleen VAN BREMPT, Lucy ANDERSON, Hugues BAYET, Ismail ERTUG, Isabella DE MONTE, Karoline GRASWANDER-HAINZ, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)

Verordnung (EG) Nr. 1071/2009
Artikel 6 – Absatz 1 – Unterabsatz 3 – Buchstabe b – Ziffer xii a (neu)

xiia) cabotage

Amendment 234 #

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)

Regulation 1071/2009
Article 6, paragraphe 1 point b (xii a) new

(xii a) cabotage

Amendment 235 #

Pavel TELIČKA, Izaskun BILBAO BARANDICA, Jozo RADOŠ

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)

Regulation (EC) No 1071/2009
Article 6 – point b – point xii a (new)

(xii a) cabotage

Amendment 236 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)

Regolamento (CE) n. 1071/2009
Articolo 6 – lettera b – punto xii bis (nuovo)

(xiia) cabotage;

Amendment 237 #

Proposal for a regulation
Article premier – paragraph 1 – point 4 – point a – point iii (new)

Règlement (CE) 1071/2009
Article 6 – paragraphe 1 – point b – sous point xiii (nouveau)

(xiia) cabotage

Amendment 238 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

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

Regulation (EC) no1071/2009
article 6 – paragraph 2 – subparagraph 1

Amendment 239 #

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

Regulation (EC) No 1071/2009
Article 6 – paragraph 2 a – point b

Amendment 240 #

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

Regulation 1071/2009/EC
Article 6 – paragraph 2a – point b)

(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market~~, including by undermining the working conditions of transport workers~~;

Amendment 241 #

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

Regulation 1071/2009/EC
Article 6 – paragraph 2 a – point b

(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries ~~and~~, to distort competition in the road transport market, ~~including by undermining the working condi~~and the failure to comply with, or the poor applications of, t~~ransport workers~~he relevant Union labour legislation;

Amendment 242 #

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

Regulation 1071/2009/EC
Article 6 – paragraph 2 a – point b

(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, ~~including by undermining the working condi~~as well as the failure to comply with, or poor applications of, t~~ransport workers~~he relevant Union labour legislation;

Amendment 243 #

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

VERORDENING (EG) nr. 1071/2009
Artikel 6, lid 2 bis, letter b

(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by ~~undermining the working conditions of transport workers~~evading the applicable labour and social legislation;

Amendment 244 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c (new)

Regulation 1071/2009/EC
Article 6 – paragraph 2 a – point c a (new)

(ca) shall publish and regularly update a list of undertakings which fail to meet the conditions of good repute as regards this Regulation. Undertakings included on that list shall have the option of being removed from the list once they meet and respect these conditions.

Amendment 245 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) No 1071/2009
Article 7 – paragraph 1

(a) in paragraph 1, the first subparagraph is replaced by the following: ‘In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.;’deleted

Amendment 246 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) no1071/2009
Article 7 – Paragraph 1 – subparagraph 1

In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, ~~on a permanent basi~~at all times, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year,; (a) it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used; and (b) two months’ worth of salary per employed mobile worker, at the level of the Member State where, or from where, it habitually carries out its activities. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.;

Amendment 247 #

Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON, Hugues BAYET, Kathleen VAN BREMPT, Ismail ERTUG, Isabella DE MONTE, Karoline GRASWANDER-HAINZ, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation 1071/2009/EC
Article 7 – paragraph 1 – subparagraph 1

In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR ~~5 00~~1,250 for each additional vehicle used. ~~Undertakings engaged in the occupation of road haulage operator solely by means of m~~Motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle usedbe excluded from financial standing requirements.;

Amendment 248 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation 1071/2009
Article 7 paragraph 1

In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least : (a) EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. (b) two months’ worth of salary per employed mobile worker, at the level of the country where or from where they habitually carry out their activity. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.;

Amendment 249 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) No 1071/2009
Article 7 – paragraph 1 – subparagraph 1

In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. ~~The undertaking~~Undertakings engaged in the occupation of road haulage operator by means of motor vehicles with a permissible laden mass exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, ithey hasve at ~~its~~their disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. Undertakings engaged in the occupation of road haulage operator ~~solely~~ by means of motor vehicles with a permissible laden mass ~~not exceeding~~of between 2.8 tonnes and 3.5 tonnes or combinations of vehicles with a permissible laden mass ~~not exceeding~~of between 2.8 tonnes and 3.5 tonnes shall demonstrate for those vehicles, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.';

Amendment 250 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) 1071/2009
Article 7 – paragraph 1

In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle above 3.5 tonnes used and EUR 900 for each additional vehicle below 3.5 tonnes used. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.;

Amendment 251 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) 1071/2009
Article 7 – paragraph 1

In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital: - totalling at least EUR 9 000 ~~when only one vehicle is used and EUR 5 000 for each addi~~for the first motor vehicle or combinational of vehicle ~~used. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a~~ s is used that has a permissible laden mass ~~not~~ exceeding 3.5 tonnes or ~~combinations of vehicles with a permissible laden mass not~~more than 8 passengers seats exceeluding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is usedthe driver and EUR 5 000 for each additional vehicle used. - totalling at least EUR 1 800 for the first motor vehicle or combination of vehicles used that is involved in international transport and has a permissible laden mass between 2.5 tonnes and 3.5 tonnes and EUR 900 for each such additional vehicle used.;

Amendment 252 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) No 1071/2009
Article 7 – paragraph 1

In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used that is over 3.5 tonnes, or EUR 1 000 for each additional vehicle with a permissible laden mass between 2.4 and 3.5 tonnes. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding between 2.4 and 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding between 2.4 and 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 ~~when only one vehicle is used and EUR 900 for each additional~~0 for each vehicle used.

Amendment 253 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) No 1071/2009
Article 7 – paragraph 1 – subparagraph 1

In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 8500 when only one vehicle is used and EUR 9500 for each additional vehicle used.';

Amendment 254 #

Elissavet VOZEMBERG-VRIONIDI, Miltiadis KYRKOS

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b

Regulation (EC) No 1071/2009
Article 7 – paragraph 2

2. By way of derogation from paragraph 1, in the absence of certified annual accounts for the year of an undertaking's registration, the competent authority ~~shall agre~~may require that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee~~, a document~~ or an isnsu~~ed by a financial institution est~~rance, including a professional liabili~~shing access to credit in the name of the undertaking, or another binding document~~ty insurance from one or more banks or other financial institutions, or another binding document, including a document issued by an insurance company, providing ~~that the undertaking has at its disposal~~a joint and several guarantee for the undertaking in respect of the amounts specified in the first subparagraph of paragraph 1. The competent authority may require that an undertaking demonstrate its financial standing by these means in subsequent years as well.';

Amendment 255 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b

Regulation 1071/2009
Article 7 – paragraph 2

2. By way of derogation from paragraph 1, in the absence of certified annual accounts the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee, a document issued by a financial institution establishing access to credit in the name of the undertaking, or anotherundertaking shall demonstrate its financial standing by means of a binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1.;

Amendment 256 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b

Regulation (EC) No 1071/2009
Article 7 – paragraph 2

2. By way of derogation from paragraph 1, in the absence of certified annual accounts the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee or an insurance including a professional liability insurance from one or more banks or other financial institutions - including insurance companies, a document issued by a financial institution establishing access to credit in the name of the undertaking, or another binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1.;

Amendment 257 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b

Regulation (EC) No 1071/2009
Article 7 – paragraph 2

2. By way of derogation from paragraph 1, in the absence of certified annual accounts the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate~~, such as a bank guarantee, a~~ or document issued by a financial institution establishing access to credit in the name of the undertaking, or another binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1, such as an insurance policy or a bank guarantee, where certified annual accounts are not available and there is no legal obligation to certify them.

Amendment 258 #

2. By way of derogation from paragraph 1, in the absence of certified annual accounts the competent authority shall a~~gree that an undertaking demonstrate its~~ccept proof of financial standing ~~by means~~in the form of a certificate~~, such as~~ or document from a financial institution, such as an insurance policy or a bank guarantee, a document issued by a financial institution establishing access to credit in the name of the undertaking, or another binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1.;

Amendment 259 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b

Regulation (EC) No 1071/2009
Article 7 – paragraph 2

2. By way of derogation from paragraph 1, ~~in the absence of certified annual accounts~~ the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee, a document issued by a financial institution establishing access to credit in the name of the undertaking, or another binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1.';

Amendment 260 #

Marian-Jean MARINESCU

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b

Regulation (EC) No 1071/2009
Article 7 – paragraph 2

2. By way of derogation from paragraph 1, in the absence of certified annual accounts the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee, a document issued by a financial institution establishing access to credit in the name of the undertaking, an insurance policy, or another binding document proving that the undertaking has at its disposal the amounts specified in the first subparagraph of paragraph 1.;

Amendment 261 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b

Regulation (EC) No 1071/2009
Article 7 – paragraph 2

Amendment 262 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)

Regulation (EC) No 1071/2009
Article 8 – paragraph 1 a (new)

(5a) However, for those responsible for road haulage undertakings using only road vehicles or combinations of vehicles with a permissible laden mass not exceeding 3,5 tonnes, the minimum level of knowledge as set out in Annex I cannot be lower than level 4 of the structure of the levels of training provided for in the Annex to Decision 85/368 / EEC, the knowledge provided for in point 5 of C of the Section I of this Annex is not required.

Amendment 263 #

Proposal for a regulation
Article premier – paragraph 1 – point 6 a (new)

Regulation (EC) No 1072/2009
Article 9 – paragraph 2 a (new)

(6a) Vehicles used for purposes of cabotage must carry all the consignment notes corresponding to each operation, in paper or electronic form. In the event of an inspection, the driver must be able to immediately produce, for the officer of the host Member State carrying it out, the consignment notes covering all the work he has performed in the 60 days before the date of the inspection.

Amendment 264 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) No 1071/2009
Article 12 – paragraph 2 – subparagraph 2

(8) in Article 12(2), the second subparagraph is ~~deleted;~~replaced by the following: ‘Member States shall carry out checks every four years to verify that undertakings fulfil the requirements laid down in Article 3.’

Amendment 265 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) no1071/2009
Article 12

(8) iIn Article 12~~(2), the second subparagraph is deleted;~~, paragraph 2 is replaced by the following: "Member States shall carry out checks at least every 3 years to verify that undertakings fulfil the requirements laid down in Article 3."

Amendment 266 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)

(8a) The following Article 12a is inserted: Checks relating to the conditions Competent authorities shall monitor whether undertakings which they have authorised to engage in the occupation of road transport operator continuously fulfil the requirements laid down in Article 5. To that end, Member States shall carry our checks relating to: (i) the existence of the undertaking’s VAT number; (ii) corresponding invoicing and company address; (iii) number of employed mobile and non- mobile staff at the establishment; (iv) relation between the country of establishment and the company’s activities in the country of establishment; (v) relation between the size of the company and the registered vehicles; (vi) overview of the registered trucks and corresponding permits; (vii) suitable facilities for non-mobile and mobile staff. Member States may decide whether the full list of criteria applies or not, depending on the size and activity of an undertaking.

Amendment 267 #

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EC) No 1071/2009
Article 13 – paragraph 1 – point c

(c) a time limit not exceeding six months where the requirement of financial standing is not satisfied, in order to demonstrate that that requirement iswill again be satisfied on a permanent basis.

Amendment 268 #

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EC) No 1071/2009
Article 14 – paragraph 1 – subparagraph 2

~~‘The competent authority shall not rehabilitate the transport manager earlier than one year from the date of the loss of good repute.’;~~deleted

Amendment 269 #

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EC) No 1071/2009
Article 14 paragraph 1 second subparagraph

The competent authority shall not rehabilitate the transport manager earlier than ~~one~~two years from the date of the loss of good repute.

Amendment 270 #

Proposal for a regulation
Article 1 – paragraph 1 – point 10 (new)

Regulation (EC) No 1071/2009
Article 14 – paragraph 2

2. Unless and until a rehabilitation measure is taken in accordance with the relevant provisions of national law, the certificate of professional competence, referred to in Article 8(8), of the transport manager declared to be unfit shall no longer be valid in any Member State. The Commission shall draw up a list of rehabilitation measures for regaining good repute.

Amendment 271 #

Christine REVAULT D'ALLONNES BONNEFOY, Hugues BAYET, Lucy ANDERSON, Kathleen VAN BREMPT, Ismail ERTUG, Isabella DE MONTE, Karoline GRASWANDER-HAINZ, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point -a (new)

Regulation (EC) no1071/2009
Article 16 – paragraph 1 a (new)

Amendment 272 #

(-i) the names of the road transport undertakings previously managed by the transport managers;

Amendment 273 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation 1071/2009
Article 16 – paragraph 2 – point g

(g) the ~~registration~~total numbers of ~~the~~ vehicles at the disposal of the undertaking pursuant to Article 5(b);

Amendment 274 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point g

(g) the ~~registration~~ numbers of the vehicles at the disposal of the undertaking pursuant to Article 5(b);

Amendment 275 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)

Regulation (EC) no1071/2009
Article 16 – paragraph 2 – point g b (new)

(gb) the total assets, liabilities, equity and turnover during the previous two years;

Amendment 276 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation 1071/2009
Article 16 – paragraph 2 – point h

~~(h) the number of employees;~~deleted

Amendment 277 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h

h) the number of ~~employees~~people employed in the company over the last calendar year;

Amendment 278 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – subparagraph 1 – point h

(h) the number of ~~employees~~drivers and their place of residence;

Amendment 279 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h

(h) the number of ~~employee~~drivers;

Amendment 280 #

Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON, Hugues BAYET, Kathleen VAN BREMPT, Ismail ERTUG, Isabella DE MONTE, Karoline GRASWANDER-HAINZ, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)

Regulation (EC) no1071/2009
Article 16 – paragraph 2 point h a (new)

Amendment 281 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h a (new)

(ha) the name, nationality and country of residence of the drivers employed by the haulier;

Amendment 282 #

Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON, Hugues BAYET, Kathleen VAN BREMPT, Ismail ERTUG, Isabella DE MONTE, Karoline GRASWANDER-HAINZ, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h b (new)

(hb) The Member State of registration of labour contracts;

Amendment 283 #

Christine REVAULT D'ALLONNES BONNEFOY, Hugues BAYET, Lucy ANDERSON, Kathleen VAN BREMPT, Ismail ERTUG, Isabella DE MONTE, Karoline GRASWANDER-HAINZ, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h c (new)

(hc) The social insurance number of the drivers employed by the haulier;

Amendment 284 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Richard SULÍK, Czesław HOC, Angel DZHAMBAZKI, Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point i

~~(i) the total assets, liabilities, equity and turnover during the last two years;~~deleted

Amendment 285 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation 1071/2009
Article 16 – paragraph 2 – point i

~~(i) the total assets, liabilities, equity and turnover during the last two years;~~deleted

Amendment 286 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation 1071/2009
Article 16 – paragraph 2 – point i

~~(i) the total assets, liabilities, equity and turnover during the last two years;~~deleted

Amendment 287 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point i

i) ~~the total assets, liabilities, equity and turnover during the last two years;~~a copy of the annual financial report or other documents proving financial capacity, of the kind listed under Article 7(2)

Amendment 288 #

(ja) information on vehicles owned, leased and/or hired, on a permanent or temporary basis;

Amendment 289 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point ii

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – subparagraph 2

Member States may choose to keep the data referred to in points (e) to (j) of the first subparagraph in separate registers. In such a case, the relevant data shall be available upon request or directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within five working days of receipt of the request. The data referred to in points (a) to (d) of the first subparagraph shall be publicly accessible, in line with the relevant provisions on personal data protection.

Amendment 290 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point ii

Regulation (EC) No 1071/2009
Article 16 – paragraph 2

~~Member States may~~With a view to fostering effective administrative choose to keep the data referred to in points (e) to (j) of the first subparagraph in separate registers . In such a case, the relevant data shall be available upon request or directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within five working days of receipt of the request. The data referred to in points (a) to (d) of the first subparagraph shall be publicly accessible, in lineperation and an effective exchange of information, Member States shall interconnect their national electronic registers (NER) through the European Register of Road Transport Undertakings (ERRU) system, with a legal basis in Article 16(5) of Regulation (EC) No 1071/2009. The competent authorities of the Member State in question, including road inspectors, shall have direct real-time access to the data and information contained in the national electronic registers (NER). That exchange of information in the context of effective administrative cooperation and mutual assistance between Member States shall comply with the reule~~vant provision~~s on personal data protection laid down in Regulation 2016/679.

Amendment 291 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point ii

Regulation (EC) No 1071/2009
Article 16– paragraph 2 – subparagraph 2

Member States may choose to keep the data referred to in points (e) to (j) of the first subparagraph in separate registers. In such a case, the relevant data shall be available upon request or directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within ~~five~~thirty working days of receipt of the request. The data referred to in points (a) to (d) of the first subparagraph shall be publicly accessible, in line with the relevant provisions on personal data protection.

Amendment 292 #

Proposal for a regulation
Article premier – paragraph 1 – point 11 – point a – point ii

Regulation (EC) No 1072/2009
Article 16 – paragraph 2 – subparagraph 2

Member States may choose to keep the data referred to in points (e) to (j) of the first subparagraph in separate registers. In such a case, the relevant data shall be available ~~upon request or~~ directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within five working days of receipt of the request. The data referred to in points (a) to (d) of the first subparagraph shall be publicly accessible, in accordance with the relevant provisions on personal data protection.

Amendment 293 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point ii

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – subparagraph 4

~~In any case, the data referred to in points (e) to (j) of the first subparagraph shall only be accessible to authorities other than the competent authorities where they~~When carrying out roadside checks, supervising officials who are duly endmpowered with ~~powers relating~~regard to supervision and the imposition of penalties in the road transport sector and ~~their officials~~ are sworn to, or otherwise are under a formal obligation of, secrecy shall have direct electronic access to the data referred to in points (a) to (j) of the first subparagraph from all Member States.’;

Amendment 294 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a a (new)

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 a (new)

(aa) In order to ensure that all EU rules for mobile workers are implemented in a fair, simple and effective way, a European Labour Authority shall be responsible for inspecting and enforcing the rules. It shall provide operational and legal support to Member States, social partners as well as workers to enforce social legislation and undertake European wide inspections.

Amendment 295 #

Pavel TELIČKA, Matthijs van MILTENBURG, Jozo RADOŠ

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b

Regulation (EC) No 1071/2009
Article 16 – paragraph 4

4. Member States shall take all necessary measures to ensure that all the data contained in the national electronic register is kept constantly up to date and is accurate.

Amendment 296 #

Marian-Jean MARINESCU

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b (new)

Regulation (EC) No 1071/2009
Article 16 – paragraph 6 a (new)

4a. The following paragraph 6a is inserted: 6a. The Commission is empowered to adopt delegated acts in accordance with Article 24 to lay down rules to establish a single common digital platform to include all systems of electronic exchange of information between Member States, competent authorities, enforcement authorities, undertakings and allowing verification without administrative or driver input.

Amendment 297 #

Marian-Jean MARINESCU

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b (new)

Regulation 1071/2009
Article 16 – paragraph 6 b (new)

4b. The following paragraph 6b is inserted: 6b. The Commission is empowered to adopt delegated acts in accordance with Article 24 to lay down rules to establish in each Member State a single national authority to be responsible with the implementation and the exchange of information, through the digital platform mentioned to paragraph 6a new, requested by Union legislation regarding road transport.

Amendment 298 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b a (new)

Regulation (EC) No 1071/2009
Article 16 – paragraph 5

(ba) paragraph 5 is replaced by the following: 5. Member States shall take all necessary measures to ensure that the national electronic registers are interconnected and accessible throughout the Union in such a way that the data referred to in paragraph 2 is directly accessible to all relevant competent authorities and control bodies of all Member States. Where the data referred to in paragraph 2 has a direct connection to another Member State, the Member State responsible shall inform the Member State concerned without delay.

Amendment 299 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b a (new)

Regulation (EC) No 1071/2009
Article 16 – paragraph 5

~~5. Without prejudice to paragraphs 1 and 2,~~(ba) paragraph 5 is replaced by the following: ‘5. Member States shall take all necessary measures to ensure that the national electronic registers are interconnected ~~and accessible throughou~~, so that the Ccommunity through the national contact points defined in Article 18. Accessibility through national contact points and interconnection shall be implemented by 31 December 2012 in such a way that a competent authority of any Member State is able to consult the national electronic register of any Member State. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R1071&from=EN)petent authorities of the Member States, including road inspectors, shall have direct real-time access to the data and information listed in paragraph 2. In order to achieve this objective of fostering effective interconnection between national registers, and thus an effective exchange of information, it is necessary to develop the European Register of Road Transport Undertakings (ERRU) system.’ Or. es

Amendment 300 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b a (new)

Regulation (EC) No 1071/2009
Article 16 – paragraph 5

~~5. Without prejudice to paragraphs 1 and 2,~~(ba) paragraph 5 is replaced by the following: ‘5. Member States shall take all necessary measures to ensure that the national electronic registers are interconnected and ~~accessi~~interoperable throughout the Community through the national contact points defined in Article 18. Accessibility through national contact points and interconnection shall be implemented by 31 December 2012 in such a way that a competent authority of any Member State is able to consult the national electronic register of any Member State. Union and are connected to the portal referred to in Regulation (EU) No 165/2014 in such a way that the data referred to in paragraph 2 are directly accessible to all the competent authorities and control bodies of all the Member States.’ Or. it (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R1071&from=EN)

Amendment 301 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b b (new)

Regulation (EC) No 1071/2009
Article 16 – paragraph 6

~~6. Common rules concerning the implementation of paragraph 5, such as the format of the data exchanged, the technical procedures for electronic consultation of~~(bb) paragraph 6 is replaced by the following: ‘The Commission is empowered to adopt delegated acts in accordance with Article 24 to establish and update common rules to ensure that the national electronic registers ~~of the other Member Sta~~are fully interconnectesd and ~~the promotion of the interoperability of~~interoperable, both among themse ~~registers~~lves and with other relevant databases, shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 25(2) and for the first time before 31 December 2010. Those common rules shall determine which authority is r portal referred to in Regulation (EU) No 165/2014, in such a way that a competent authority or control body in any Member State is able to directly access the national electronic register of any Member State as stipulated in paragraph 5. Those common rules shall include rulesp on~~sibl~~ the for ~~access to data and further use and upd~~mat of the data exchanged, the technical procedures for electronic consultationg of ~~data after acc~~the national electronic registers of the other Member Statess and, t~~o this effect, shall include~~he interoperability of these registers, in addition to specific rules concerning access to data, data logging and data monitoring. Or. it (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32009R1071&from=EN)

Amendment 302 #

Christine REVAULT D'ALLONNES BONNEFOY, Ismail ERTUG, Hugues BAYET, Lucy ANDERSON, Kathleen VAN BREMPT, Isabella DE MONTE, Karoline GRASWANDER-HAINZ, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b b (new)

Regulation (EC) No 1071/2009
Article 16 – paragraph 6

6. Common rules concerning the implementation of paragraph 5, such as the format of the data exchanged, the technical procedures for electronic consultation of the national electronic registers of the other Member States and the promotion of the interoperability of these registers with other relevant databases, shall be adopted by the Commission in accord(bb) paragraph 6 is replaced by the following: ‘6. With the objective of implementing Article 16(5) effectively, the Commission shall be empowered to adopt implementing acts in accordance with Article 25(2) in order to establish common rules and rules on harmonisation concerning interconnection between national registers and to ensure that they are and continue to be directly accessible between the different Member States, so as to make the exchancge ~~with the advisory procedure referred to in Article 25(2) and for the first time before 31 December 2010~~of data and information contained in the ERRU an effective and optimum process. Those common rules shall determine which authority is responsible for access to data and further use and updating of data after access and, to this effect, shall include rules on data logging and data monitoring. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R1071&from=EN)include rules on content, format for inserting information and other technical processes such as revision.’ Or. es

Amendment 303 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)

Regulation (EC) No 1071/2009
Article 16 a (new)

(11a) The following Article 16 a is introduced: Article 16 a European Register for Road Transport Undertakings 1. The European Register for Road Transport Undertakings shall ensure the interconnection of national electronic registers accordingly to Commission regulation (EU) No 1213/2010 of16 December 2010. 2. Transport Undertakings shall establish an integrated operator file for each licensed operator containing all the information referred into Article 16 paragraph 2. 3. The European Register for Road Transport Undertakings shall establish an integrated compliance file for each licensed operator. The integrated compliance file shall include the following information : i. All the information related to the roadside checks of which the haulier has been the subject, accordingly to Article 4 of Directive 2006/22; ii. All the information related to the checks at the premises of which the hauliers have been the subject, accordingly to article 6 of Directive 2006/22; iii. All the information related to the operator risk rating, accordingly to Article 9 of Directive 2006/22; 4. The European Register for Road Transport Undertakings shall include a list of hauliers subject to an operating ban. The list shall be based on the risk rating ratio of the hauliers. The list shall be made public. 5. The European Land Transport Agency shall be responsible for the monitoring of the European Road transport undertakings register. The European Land Transport Agency shall be responsible for reviewing every year the list of hauliers subject to an operating ban. 6. The data included in the European Register for Road Transport Undertakings shall be accessible in real time to the competent authorities and authorities duly endowed with powers relating to supervision and the imposition of penalties in the road transport sector.

Amendment 304 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)

Regulation (EC) No 1071/2009
Article 16 a (new)

(11a) European electronic register By 2025 at the latest, a European Road Agency shall be created in which a European electronic register of transport licences authorising holders to engage in the occupation of road transport operator shall be set up.

Amendment 305 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12 (new)

Regulation (EC) No 1071/2009
Article 18 a (new)

(12a) The following Article 18a is introduced: Article 18a Accompanying measures 1. Member States shall take accompanying measures to develop, facilitate and promote exchanges between officials in charge of the administrative cooperation and mutual assistance between Member States as well as monitoring the compliance with, and enforcement of, the applicable rules of this Regulation. 2. The Commission shall provide technical and other support in order to further improve administrative cooperation and increase mutual trust between Member States through projects, including promoting exchanges of relevant officials and joint training programmes, as well as developing, facilitating and promoting best practice initiatives. Where it concludes that such a need exists, the Commission may, without prejudice to the prerogatives of the European Parliament and the Council in the budgetary procedure, use available financing instruments to further strengthen capacity building and administrative cooperation between Member States. 3. Member States shall establish a programme of peer-reviews where all competent enforcement authorities shall participate, ensuring the appropriate rotation of both the reviewing and the reviewed competent enforcement authorities. Member States shall notify those programmes to the Commission every two years as part of the report on the activities of the competent authorities referred to in Article 26 of this Regulation.

Amendment 306 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12 (new)

Regulation (EC) No 1071/2009
Article 18– paragraph 1 a (new)

1a. The competent authorities of the Member States shall cooperate closely and provide each other efficiently and effectively with mutual assistance, providing and facilitating relevant information and data in order to ensure the smooth implementation, application and enforcement of this Regulation. Administrative cooperation and mutual assistance between Member States shall be implemented through the Internal Market Information System (IMI), with a legal basis in Regulation (EU) No 1034/2012, through which the Member States will be able to cooperate and exchange data and information with regard to the enforcement of the rules. Similarly, the IMI shall be used to send and update posting declarations between transport operators and the competent authorities of the receiving Member States. In order to achieve this latter objective, it will be necessary to develop a parallel public interface within the IMI system to which transport operators will have access, and to which inspectors will also have direct real-time access during roadside checks via an electronic application common to all the Member States.

Amendment 307 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12 (new) Regulation EC No 1071/2009

(* Regulation (EU) No1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC ('the IMI Regulation'), (OJ L 316,2a. In order to facilitate the implementation, application and enforcement of this Regulation as well as enhance the administrative cooperation and mutual assistance between the competent authorities of the Member States, the Internal Market Information System (IMI) established by regulation No 1024/2012, allowing all operators to provide data in their own languages, shall be used. Or. en 14.11.2012, p.1))

Amendment 308 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

regulation (EC) No1071/2009
Article 18 – paragraph 3

3. Member States shall reply to requests for information from all competent authorities of other Member States and, where necessary, carry out checks, inspections and investigations concerning compliance with the requirement laid down in Article 3(1)(a) by road transport operators established in their territory. Requests for information by competent authorities of Member States shall be appropriately justified and reasoned. To this end, requests shall include credible indications of possible infringements of Article 3(1)(a).

Amendment 309 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18 – paragraph 3

3. Member States shall reply to requests for information from all competent authorities of other Member States and, where necessary, carry out checks, inspections and investigations concerning compliance with the requirement laid down in Article 3(1)(a) by road transport operators established in their territory. Requests for information by competent authorities of Member States shall be duly justified and reasoned. To this end, requests shall include credible indications of possible infringements of Article 3(1)(a).

Amendment 310 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18 – paragraph 3

3. Member States shall reply to requests for information from all competent authorities of other Member States and~~, where necessary,~~ carry out checks, inspections and investigations concerning compliance with the requirement laid down in Article 3(1)(a) by road transport operators established in their territory. Requests for information by competent authorities of Member States shall be reasoned. To this end, requests shall include credible indications of possible infringements of Article 3(1)(a).

Amendment 311 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18 – paragraph 3

3. Member States shall reply to requests for information from all competent authorities of other Member States and, where necessary, carry out checks, inspections and investigations concerning compliance with the requirement laid down in Article 3(1)(a) by road transport operators established in their territory. Requests for information by competent authorities of Member States shall be duly justified and reasoned. To this end, requests shall include credible indications of possible infringements of Article 3(1)(a).

Amendment 312 #

Proposal for a regulation
Article premier – paragraph 1 – point 12 (new)

Directive (CE) 1071/2009
Article 18 – point 3 nouveau

3a. In order to facilitate cooperation between administrations and the exchange of best monitoring practices, the Member States shall work together with the undeclared work platform and the European Labour Authority.

Amendment 313 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18 – paragraph 4

4. Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within ~~ten~~five working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.

Amendment 314 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Amendment 315 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18 – paragraph 4

4. Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within twelven working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.

Amendment 316 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) no1071/2009
Article 18– paragraph 4

4. Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within ~~ten~~15 working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.

Amendment 317 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18– paragraph 5

5. Where it is difficult or impossible to comply with a request for information or to carry out checks, inspections or investigations, the Member State in question shall inform the requesting Member State accordingly within ten working days, ~~with reasons~~duly justifying and providing reasons for the difficulty or impossibility of providing the relevant information. The Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. In the event that a Member State persistently fails to comply with the rules laid down for the exchange of information and the provision of information in response to requests from other Member States without due justification, the Member State concerned may be sanctioned at EU level. After having been informed, and where necessary, the Commission may open an investigation and eventually apply sanctions to the Member States.

Amendment 318 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18 – paragraph 5

5. Where it is difficult or impossible to comply with a request for information or to carry out checks, inspections or investigations, the Member State in question shall inform the requesting Member State accordingly within ~~ten~~five working days, ~~with reasons~~duly justifying that difficulty or impossibility. The Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. In the event of any persisting problem in the exchange of information, or of a permanent refusal to supply information, the Commission, being informed, may take all necessary measures to remedy the situation, including, if appropriate, investigating the matter, issuing a recommendation or starting infringement procedures.

Amendment 319 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18– paragraph 5

5. Where it is difficult or impossible to comply with a request for information or to carry out checks, inspections or investigations, the Member State in question shall inform the requesting Member State accordingly within twelven working days, with reasons. The Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. In the event of any persisting problem in the exchange of information, or of a permanent refusal to supply information, the Commission, having been informed, may take the measures necessary to remedy the situation, including, if appropriate, consulting the Member State in question or issuing a recommendation.

Amendment 320 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Reg 1071
Article 18 – paragraph 5

Amendment 321 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18 – paragraph 5

Amendment 322 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18 – paragraph 6

6. In response to requests under paragraph 3, Member States shall supply the requested information and carry out the required checks, inspections and investigations within ~~twenty-five~~fifteen working days from the receipt of the request, unless another time limit is mutually agreed between the Member States concerned or unless they have informed the requesting Member State that the request is insufficiently reasoned or of the impossibility or the difficulties pursuant to paragraphs 4 and 5. and no solution for those difficulties has been found.

Amendment 323 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18– paragraph 6

6. In response to requests under paragraph 3, Member States shall supply the requested information and carry out the required checks, inspections and investigations within twenty-five working days from the receipt of the request, unless another time limit is mutually agreed between the Member States concerned or unless they have informed the requesting Member State that the request is insufficiently reasoned or of the impossibility or the difficulties pursuant to paragraphs 4 and 5 and no solution for those difficulties has been found.

Amendment 324 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18 – paragraph 6

6. In response to requests under paragraph 3, Member States shall supply the requested information and carry out the required checks, inspections and investigations within 215 working days from the receipt of the request, unless they have informed the requesting Member State that the request is insufficiently reasoned or of the impossibility or the difficulties pursuant to paragraphs 4 and 5.

Amendment 325 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18– paragraph 8

8. Mutual administrative cooperation and assistance shall be provided free of charge and the Commission shall assess the need to develop, facilitate and finance exchanges between officials in charge with administrative issues and mutual compliance between different member states.

Amendment 326 #

Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 12 (new)

Regulation (EC) No 1071/2009
Article 18– paragraph 9 a (new)

9a. Within two years from the entering into force of this Regulation, in order facilitate the cross-border enforcement of the EU legislation applicable to road transport, the European Commission shall propose a Regulation establishing a European Road Transport Agency.

Amendment 327 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)

Regulation (EC) No 1071/2009
Article 18 a (new)

(12a) A Community list of road hauliers that do not meet the relevant legal requirements shall be made public in order to ensure the greatest transparency. This Community list shall be based on common criteria developed at Community level and reviewed annually by the European Labour Authority. Road hauliers listed on the Community list shall be subject to an operating ban. The operating prohibitions on the Community list shall apply throughout the territory of the Member States. In exceptional cases, Member States shall be allowed to take unilateral measures. In an emergency, and when faced with an unforeseen security problem, Member States shall have the possibility of immediately issuing an operating ban for their own territory.

Amendment 328 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)

Regulation (EC) No 1071/2009
Article 23

(12a) In Article 23 the following subparagraphs are added: ‘By way of derogation from Article 16(2), the obligation to include the risk rating of undertakings in the national electronic registers shall apply from the entry into force of the implementing act on a common risk assessment formula referred to in Article 9(1) of Directive 2006/22/EC.’

Amendment 329 #

Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)

Regulation (EC) No 1071/2009
Article 23 – paragraph 2 (new)

(12a) Undertakings which only operate road vehicles with a permissible laden mass that does not exceed 3.5 tonnes must comply with this Regulation from the entry into force of this amendment.

Amendment 330 #

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EC) No 1071/2009
Article 26 – paragraph 3

3. Every two years, Member States shall draw up a report on the use of motor vehicles with a permissible laden mass between 2,8 and not exceeding 3.5 tonnes ~~or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes~~involved in international transport and established in their territory and shall forward it to the Commission no later than 30 June of the year after the end of the reporting period. This report shall include:

Amendment 331 #

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EC) 1071/2009
Article 26 – paragraph 3 – point a

(a) the number of authorisations granted to operators engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass between 2.8 and not exceeding 3.5 tonnes ~~or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes~~involved in international transport;

Amendment 332 #

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EC) 1071/2009
Article 26 – paragraph 3 – point b

(b) the number of vehicles with a permissible laden mass between 2.8 and not exceeding 3,.5 tonnes involved in international transport, registered in the Member State in each calendar year;

Amendment 333 #

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EC) 1071/2009
Article 26 – paragraph 3 – point c

(c) the overall number of vehicles with a permissible laden mass between 2.8 and not exceeding 3,.5 tonnes involved in international transport, registered in the Member State as of 31 December of each year;

Amendment 334 #

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EC) 1071/2009
Article 26 – paragraph 3 – point d

(d) the estimated share of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes in the overall road transport activity of all vehicles registered in the Member State, broken down by national, international and cabotage operations.deleted

Amendment 335 #

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EC) No 1071/2009
Article 26 – paragraph 3 – point d

Amendment 336 #

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EC) 1071/2009
Article 26 – paragraph 4

4. On the basis of the information gathered by the Commission under paragraph 3 and of further evidence, the Commission shall, by 31 December 2024 at the latest, present a report to the European Parliament and the Council on the evolution of the total number of motor vehicles with a permissible laden mass ~~not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass~~between 2,8 and not exceeding 3.5 tonnes engaged in ~~national and~~ international road transport operations. On the basis of this report, it shall reassess whether it is necessary to propose additional measures.

Amendment 337 #

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EC) 1071/2009
Article 26 – paragraph 5

5. Every two years Member States shall report to the Commission on the requests made by them under Article 18(32) ~~and~~to (46), on the replies received from other Member States and on the actions that they have taken on the basis of the information provided.;

Amendment 338 #

Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON, Hugues BAYET, Ismail ERTUG, Karoline GRASWANDER-HAINZ, Michael DETJEN

Proposal for a regulation
Article 1 – paragraph 1 – point 16

Regulation (EC) No 1071/2009
Article 26 – paragraph 5

5. Every year Member States shall report to the Commission on the requests made by them under Article 18(3) ~~and~~to (47), on the replies received from other Member States and on the actions that they have taken on the basis of the information provided.

Amendment 339 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

Regulation (EC) No 1072/2009
Article 1 – paragraph 1 – subparagraph 1 a

~~The carriage of empty containers or pallets shall be considered as carriage of goods for hire or reward whenever it is subject to a transport contract.;~~deleted

Amendment 340 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

Regulation 1072/2009
Article 1 – paragraph 1 – subparagraph 1 a

The carriage of empty containers or pallets shall be considered as carriage of goods for hire or reward whenever it is subject to a transport contract.; It is not considered as international transport for-hire for purposes of Chapter III.

Amendment 341 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

Regulation (EC) No 1072/2009
Article 1 – paragraph 1 – subparagraph 1a

The carriage of empty containers or pallets shall not be considered as an international carriage of goods for hire or reward for the purposes of Chapter III whenever it is subject to a transport contract.;

Amendment 342 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1

Regulation (EC) No 1072/2009
Article 1 – paragraph 1 – point 2

‘TFor the purposes of Chapter III on cabotage, the carriage of empty containers or pallets shall not be considered as carriage of goods for hire or reward ~~whenever it is subject to a transport contract.'~~.’;

Amendment 343 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new) Regulation (EC) No 1072/2009

(1a) In paragraph 5, point (c) is replaced by the following: ‘(c) carriage of goods in motor vehicles or combinations of vehicles, including trailers, the permissible laden mass of which is lower than 2.5 tonnes;’

Amendment 344 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)

Regulation (EC) No 1072/2009
Article 1 – paragraph 5 – point c

(1a) in Article 1(5), point (c) is replaced by the following: (c) carriage of goods in motor vehicles the permissible laden mass of which, including that of trailers, is lower than 1.5 tonnes;

Amendment 345 #

Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON, Hugues BAYET, Kathleen VAN BREMPT, Ismail ERTUG, Jens NILSSON, Karoline GRASWANDER-HAINZ, Michael DETJEN

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)

Regulation (EC) No 1072/2009
Article 1 – paragraph 5 – point c

(1a) in paragraph 5, point (c) is replaced by the following: (c) carriage of goods in motor vehicles the permissible laden mass of which, including that of trailers, is lower than 2,8 tonnes;

Amendment 346 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)

Regulation (EC) No 1072/2009
Article 1 – paragraph 1 a (new)

(1a) This Regulation shall also apply to incoming or outgoing carriage of goods by road as one leg of a combined transport journey as laid down in the Directive 92/106/EEC.

Amendment 347 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)

Regulation 1072/2009
article 1 paragraph 1 a (new)

(1a) This Regulation shall also apply to incoming or outgoing carriage of goods by road as one leg of a combined transport journey as laid down in Council Directive 92/106/EEC.

Amendment 348 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)

Regulation (EC) No 1072/2009
Article 1 – paragraph 5 – subparagraph 1 – point c

(1a) In the first subparagraph of Article 1(5), point (c) is replaced by the following: ‘(c) carriage of goods in motor vehicles the permissible laden mass of which, including that of trailers, does not exceed ~~3,5~~2.8 tonnes; ’ Or. de (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009R1072- 20130701&qid=1518770694510&from=EN)

Amendment 349 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)

Regulation 1072/2009
Article 1 – paragraph 5 – point c

(1a) In Article 1 - paragraph 5 - point c is replaced by the following: " (c) carriage of goods in motor vehicles the permissible laden mass of which, including that of trailers, does not exceed ~~3,5~~2,8 tonnes; ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32009R1072&from=~~" Or. en)

Amendment 350 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)

Regulation (EC) No 1072/2009
Article 1 – paragraph 5 – point c

(1a) 1a) in paragraph 5, point (c) is replaced by the following: (c) carriage of goods in motor vehicles the permissible laden mass of which, including that of trailers, is lower than 2,4 tonnes;

Amendment 351 #

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)

Regulation (EC) No 1072/2009
Article 1 – paragraph 5 – point c

(1a) (1a) In Article 1(5), point (c) is deleted.

Amendment 352 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

Regulation (EC) 1072/2009
Article 2 paragraph 6

Amendment 353 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

Regulation (EC) No 1072/2009
Article 2 – paragraph 6

6. ‘cabotage operation’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, involving the carriage from the picking up of the goods at one ~~or several~~ loading points until their delivery at ~~one or several~~the delivery points, as specified in the consignment note;' a cabotage operation, moreover, may begin solely and exclusively once the goods carried by international carriage have been fully unloaded from the vehicle;

Amendment 354 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

Regulation (EC) No 1072/2009
Article 2 – paragraph 6

6. ‘cabotage operation’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery points, as specified in the consignment note, with the main aim of ensuring that lorries do not travel unladen;’;

Amendment 355 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

Regulation (EC) No 1072/2009
Article 2 – paragraph 6

Amendment 356 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

Regulation (EC) No 1072/2009
Article 2 – paragraph 6

Amendment 357 #

Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON, Hugues BAYET, Kathleen VAN BREMPT, Ismail ERTUG, Jens NILSSON, Karoline GRASWANDER-HAINZ, Michael DETJEN

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

Regulation (EC) No 1072/2009
Article 2 – paragraph 6

6. ‘cabotage operation’ means national carriage for hire or reward carried out ~~on a temporary basis~~ in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery points, as specified in the consignment note;';

Amendment 358 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

Regulation (EC) No 1072/2009
Article 2 – paragraph 6

Amendment 359 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a

Regulation (EC) No 1072/2009
Article 2 – paragraph 6

6. ‘cabotage operation’ means ~~national~~ carriage for hire or reward carried out on a temporary basis in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery points, as specified in the consignment note;’;

Amendment 360 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a a (new)

Regulation (EC) No 1072/2009
Article 2 – paragraph 7 a (new)

(aa) ‘international bilateral carriage’ means laden journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States where either the point of departure or point of arrival is the haulier’s Member State of establishment, with or without transit through one or more Member States or third countries;

Amendment 361 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a a (new) Regulation (EC) No 1072/2009

(aa) 'transit' means laden journey by a vehicle through one or more Member States or third countries where the point of departure and the point of arrival is not in those Member States or third countries.

Amendment 362 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a b (new)

Regulation (EC) No 1072/2009
Article 2 – paragraph 7 b (new)

(ab) ‘international cross-carriage’ means laden journey undertaken by a vehicle the point of departure and the point of arrival of which are in two different Member States where none of these Member States is the haulier’s Member State of establishment, with or without transit through one or more Member States or third countries;

Amendment 363 #

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a c (new)

(ac) ‘transit‘ means laden journey by a vehicle through one or more Member States or third countries where the point of departure and the point of arrival is not in those Member States or third countries.

Amendment 364 #

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point -a (new)

Regulation (EC) No 1072/2009
Article 4 – paragraph 1 – point c

(-a) In paragraph 1, point (c) is added: ‘(c) carries out his transport services with vehicles equipped with a smart tachograph within the meaning of Regulation (EU) No 165/2014.’

Amendment 365 #

Herbert DORFMANN, Massimiliano SALINI

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – introductory part

Regulation (EC) No 1072/2009
Article 4 – paragraph 4

(3) Article 4 is amended as follows: (a) in paragraph 2, the third subparagraph is replaced by the following: 'The Commission is empowered to adopt delegated acts in line with Article 14btoamend this Regulation to adapt the maximum period of validity of the Community licence to market developments.'; (b) paragraph 4 is replaced by the following: 'The Community licence and the certified true copies shall correspond to the model set out in Annex II, which also lays down the conditions governing its use. They shall contain at least two of the security features listed in Annex I. In the case of motor vehicles used for the carriage of goods the permissible laden mass of which is comprised between 2,5 tonnes and 3,5 tonnes, the issuing authority shall write in the section 'particular remarks' of the Community licence, or of the certified true copy thereof, the text: 'issued to a vehicle the permissible laden mass of which is comprised between 2,5 tonnes and 3,5 tonnes’, unless Article 7(4) of Regulation (EC) No 1071/2009 is applied. The Commission is empowered to adopt delegated acts in line with Article 14b to amend Annexes I and II in order to adapt them to technical progress.';

Amendment 366 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation 1071/2009
Article 8 – paragraph 2

(a) paragraph 2 is replaced by the following: ‘2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 5 days from the last unloading in the host Member State in the course of the incoming international carriage.;’deleted

Amendment 367 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – point 2

(a) Point 2 is replaced by the following: ‘2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 5 days from the last unloading in the host Member State in the course of the incoming international carriage.'deleted;

Amendment 368 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

(EC) No 1072/2009
Article 8 – paragraph 2

Amendment 369 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – point 2

Amendment 370 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 371 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

(2) Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within ~~5 day~~48 hours from the last unloading in the host Member State in the course of the incoming international carriage.' After 48 hours, the driver and vehicle or combination of vehicles shall return to the state in which the haulier is established. For the following five days, neither the same driver nor the same vehicle or same combination of vehicles may be used for further cabotage operations. This restriction on cabotage operations shall apply only until such time as there is a harmonised tax and employment law environment in the internal market.’;

Amendment 372 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 373 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation 1072/2009
Article 8 – paragraph 2.

Amendment 374 #

Lars ADAKTUSSON

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8, Paragraph 2

Amendment 375 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

2. Once all of the goods carried in the course of an incoming international carriages from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State orf the in co~~ntiguous Member Stat~~ming international carriages. The last unloading in the course of a cabotage operation shall take place within 53 days from the last unloading in the host Member State in the course of the incoming international carriage.; Hauliers are not allowed to carry out cabotage operations, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same host Member State within 14 days from the end of the 3- day period referred to in the first subparagraph.

Amendment 376 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) no 1072/2009
Article 8 – paragraph 2

Amendment 377 #

Christine REVAULT D'ALLONNES BONNEFOY, Ismail ERTUG, Hugues BAYET, Kathleen VAN BREMPT, Lucy ANDERSON, Karoline GRASWANDER-HAINZ, Michael DETJEN

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation 1072/2009/EC
Article 8 – paragraph 2

2. Once the goods carried in the course of an incoming international carriage ~~from another Member State or from a third country to a host Member State~~ have been delivered, hauliers referred to in paragraph 1 shall be ~~allow~~permitted to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, up to three cabotage operations following the ~~host Member State or in contiguous~~international carriage from another Member States. The last unloading in the course of a cabotage operation shall take place within 57 days from the last unloading in the host Member State in the course of the incoming international carriage.; Within the time limit referred to in the first sub paragraph, hauliers may carry out some or all of the cabotage operations permitted under that subparagraph in any Member State under the condition that they are limited to one cabotage operation per Member State within 3 days of the unladen entry into the territory of that Member State.

Amendment 378 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation 1072/2009
Article 8 paragraph 2

2. Once the goods carried in the course of an incoming international carriage from a~~nother~~ haulier's Member State o~~r from a third country to a host Member State~~f establishment have been delivered, the haulier~~s referred to in paragraph 1~~ shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, up to two cabotage operations in the host Member State ~~or in contiguous Member States~~. The last unloading in the course of a cabotage operation shall take place within ~~5 day~~48 hours from the last unloading in the host Member State in the course of theis incoming international carriage, subject to a transport contract. After the 48 hours, the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle shall be allowed to perform cabotage operation after returning to the Member State of establishment of the road transport operator.;

Amendment 379 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation 1072/2009
Article 8 paragraph 2

Amendment 380 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 381 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation 1072/2009
Article 8 (2)

Amendment 382 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation 1072/2009/EC
Article 8 – paragraph 2

2. Once all the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State o~~r in contiguous Member States~~f the incoming international carriages or in contiguous Member States sharing a land border with the host Member State. The last unloading in the course of a cabotage operation shall take place within 57 days from the first day immediately following the last unloading in the host Member State in the course of the incoming international carriage.;

Amendment 383 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

2. Once the goods carried in the course of an incoming international carriage from a~~nother~~ driver's Member State o~~r from a third country to a host Member State~~f establishment have been delivered, the haulier~~s referred to in paragraph 1~~ shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, a cabotage operations in the host Member State ~~or in contiguous Member States~~. The last unloading in the course of a cabotage operation shall take place within ~~5 day~~24 hours from the last unloading in the host Member State in the course of the incoming international carriage.';

Amendment 384 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 385 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 386 #

Dominique RIQUET

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

2. Once the goods carried in the course of an incoming international carriage from another Member State ~~or from a third country~~ to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States located on the most direct return route. The last unloading in the course of a cabotage operation shall take place within ~~5 day~~48 hours from the last unloading in the host Member State in the course of the incoming international carriage.'’;

Amendment 387 #

Jens NILSSON, Karoline GRASWANDER-HAINZ, Kathleen VAN BREMPT

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

2. Once the goods carried in the course of an incoming international carriage ~~from another Member State or from a third country to a host Member State~~to or from a haulier's Member State of establishment have been delivered, the haulier~~s referred to in paragraph 1~~ shall be allowed to carry out, with the same motor vehicle or with the same coupled combination or, in the case of a coupled combination, with only the motor vehicle of that ~~same vehicle~~coupled combination, cabotage operations in the host Member State ~~or in contiguous Member States~~. The last unloading in the course of a cabotage operation shall take place within ~~5 day~~48 hours from the last unloading in the host Member State in the course of theis incoming international carriage., subject to a transport contract;

Amendment 388 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 389 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 390 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) 1072/2009
Article 8 paragraph 2

Amendment 391 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 392 #

Ivo BELET, Tom VANDENKENDELAERE

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 393 #

Amendment 394 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 395 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 396 #

Christine REVAULT D'ALLONNES BONNEFOY, Ismail ERTUG, Kathleen VAN BREMPT, Hugues BAYET, Lucy ANDERSON, Karoline GRASWANDER-HAINZ, Michael DETJEN

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

Amendment 397 #

Dominique RIQUET

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a (new)

Regulation (EC) No 1072/2009
Article 8 – paragraph 2 a

2a. Road transport undertakings shall not be allowed to carry out cabotage operations with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same Member State within 7 days of the last cabotage operation.

Amendment 398 #

2a. Road transport undertakings shall not be allowed to carry out cabotage operations, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same host Member State within 7 days from the end of the 48 hours period referred to in paragraph 1

Amendment 399 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a (new)

Regulation (EC) 1072/2009
Article 8 paragraph 2 a new

2a. Where a transport operation is contracted by a single customer and is a product of the same type, it shall be considered a single cabotage operation even where the goods to be carried are unloaded in several destinations corresponding to the customer’s distribution network.

Amendment 400 #

Christine REVAULT D'ALLONNES BONNEFOY, Ismail ERTUG, Kathleen VAN BREMPT, Hugues BAYET, Lucy ANDERSON, Karoline GRASWANDER-HAINZ, Michael DETJEN

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a (new)

regulation (EC) No 1072/2009
Article 8 – paragraph 2 a (new)

2a. Hauliers are not allowed to carry out cabotage operations, with the same vehicle, or in the case of coupled combination, the motor vehicle of that same vehicle, in the same host Member State within 2 days from the end of the 7- day period referred to in paragraph 2.

Amendment 401 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a (new)

Regulation (EC) No 1072/2009
Article 8 – paragraph 2 b (new)

2b. In case the vehicle is not equipped with a smart tachograph, the control authorities may require clear evidence that operations have been carried out at least in 3 different member states in a time span of 7 consecutive days.

Amendment 402 #

Ivo BELET, Tom VANDENKENDELAERE

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a a (new)

Regulation (EC) No 1072/2009
Article 8 – paragraph 2a (new)

(aa) The following paragraph 2a shall be inserted: 2a. The haulier shall not be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the same host Member State within a period of 7 days from the end of the last unloading in the course of the previous cabotage operation as referred to in paragraph 2;

Amendment 403 #

Renaud MUSELIER, Franck PROUST

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a a (new)

Regulation (EC) No 1072/2009
Article 8 – paragraph 2 a (new)

(aa) Road transport undertakings shall not be allowed to carry out cabotage operations with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same Member State within seven days of the last cabotage operation.

Amendment 404 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)

Regulation (EC) No 1072/2009
Article 8 – paragraph 2 b (new)

(5a) Article 8 The following paragraph 2b is inserted: After a transport operation in the host country has been completed, the vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, shall return to the Member State where the transport undertaking is established.

Amendment 405 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b – introductory part

Regulation (EC) No 1072/2009
Article 8 – paragraph 3

(b) ~~in paragraph 3, the first subparagraph is replaced by the following:~~ paragraph 3 is replaced by the following: National road haulage services carried out in the host Member State by a non- resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage. National road haulage services carried out in the host Member State by a non- resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage and of each consecutive cabotage operation carried out with a consignment note. The consignment notes shall be readily available on the vehicle. Each consignment note shall contain the number plates of the motor vehicle and trailer used. The consignment note may be presented electronically, using a revisable structured format which can be used directly for storage and processing by computers such as eCMR. No additional documents shall be required in order to prove that the conditions laid down in this Article have been met. Records shall be kept covering the previous 28 days. Records shall be kept at the undertaking. During a roadside check the driver shall be allowed to contact the head office of the undertaking, the transport manager or any other person or entity which may provide the consignment notes of the previous 28 days.

Amendment 406 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b

Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1

‘National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier ~~can produce~~possesses a cabotage document, applied for in advance, which sets out the following: (a) name and registered office of the undertaking concerned; (b) registration number and chassis number of the vehicle used for the cabotage operation; (c) duration of the cabotage operation; (d) identity of the driver and his or her place of residence; (e) clear evidence of the preceding international carriage.

Amendment 407 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b

Regulation 1072/2009
Article 8 paragraph 3 subparagraph 1

National road haulage services carried out in the host Member State by a non-resident haulier shall ~~only~~ be deemed to comply with this Regulation only if the haulier can produce clear evidence of the preceding international carriage to or from his or her Member State of establishment and if the value of the transport contract for the preceding international carriage is not obviously lower than the combined value of the transport contracts for the cabotage operations.;

Amendment 408 #

Lars ADAKTUSSON

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b

Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1

National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage as well as of each consecutive operation the vehicle or motor vehicle for a period of [15] days preceding that international carriage.;

Amendment 409 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b

Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1

National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage as well as of each consecutive operation the vehicle or motor vehicle for a period of 15 days preceding that international carriage.;

Amendment 41 #

Proposal for a regulation
Recital 1 a (new)

(1 a) The President of the European Commission Jean-Claude Juncker mentioned the foreseeable creation of a European Labour Authority in his State of the Union 2017 speech;

Amendment 410 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b (EC) No 1072/2009

National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage. The portion of haulage operation in international carriage can be lower than the combined portion of the cabotage operations;

Amendment 411 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b

Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1

Amendment 412 #

‘National road haulage services carried out in the host Member State by a ~~non-resident haulier~~haulier established in another Member State shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage.’;

Amendment 413 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b

Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1

‘National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the genuine preceding international carriage.';

Amendment 414 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b

Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1

‘~~National r~~Road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage.’;

Amendment 415 #

Jens NILSSON, Karoline GRASWANDER-HAINZ, Kathleen VAN BREMPT

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b a (new)

Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 3

(ba) in paragraph 3 the following points are added: (d) the address and the date of taking over of the goods and the address and estimated date designated for delivery; (h) (new) the anticipated number, the identities and nationalities of drivers, the countries from which the drivers habitually carry out their work in performance of their employment contract and the employers of drivers, if not the haulier; (i) (new) the law applicable to the employment contract; (j) (new) the anticipated duration, envisaged beginning and end date of the operation.

Amendment 416 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c

Regulation (EC) No 1072/2009
Article 8 – paragraph 4a

Evidence referred to in paragraph 3 shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as the eCMR.* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the evidence referred to in paragraph 3. This evidence, preferably using the eCMR, needs to be created prior to the starting time of the transport operation currently on-going.

Amendment 417 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c

Regulation 1072/2009
Article 8 – paragraph 4a

Evidence referred to in paragraph 3 shall be kept on board of the vehicle and shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as the eCMR.* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide ~~the~~additional evidence referred to in paragraph 3.

Amendment 418 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c

Regulation (EC) No 1072/2009
Article 8 – paragraph 4 a

Evidence referred to in paragraph 3 shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. ~~It may be~~Member States shall accept that the evidence is presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as the eCMR.* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the evidence referred to in paragraph 3.

Amendment 419 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c Regulation (EC) No 1072/2009

Evidence referred to in paragraph 3 shall be ~~presented or transmit~~kept on board of the vehicle and presented to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as the eCMR.* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide ~~the~~additional evidence referred to in paragraph 3.

Amendment 42 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings ~~which are active in both national and international transport operations~~ has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure ~~a minimum~~legal harmonisation and a greater level of professionalisation of the sector ~~using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of~~, it is necessary to apply common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatorylso to vehicles with a permissible laden mass of 2.5 to 3.5 tonnes.

Amendment 420 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c

Regulation (EC) No 1072/2009
Article 8 – paragraph 4 a

Evidence referred to in paragraph 3 shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as the eCMR or IMI.* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the evidence referred to in paragraph 3.

Amendment 421 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c

Regulation (EC) No 1072/2009
Article 8 – paragraph 4 a

Evidence referred to in paragraph 3 shall be presented or transmitted to the authorised inspecting officer of the host Member State ~~on request and~~ within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as the eCMR.* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the evidence referred to in paragraph 3.

Amendment 422 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c

Regulation (EC) No 1072/2009
Article 8 – paragraph 4 a

Evidence referred to in paragraph 3 shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It ~~may~~shall be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as the eCMR.* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the evidence referred to in paragraph 3.

Amendment 423 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c – point 1 (new)

Regulation (EC) No 1072/2009
Article 8 – paragraph 4 b (new)

1) (ca) the following paragraph shall be inserted: To prove that the conditions laid down in this Article have been met, the competent authorities of the Member State hosting the cabotage operation shall verify: a) the tachograph data of the current day and that of the past 56 days; b) the electronic consignment notes of the current day and of the past 56 days; c) the notification referred to in paragraph 5 a (new).

Amendment 424 #

Elissavet VOZEMBERG-VRIONIDI, Miltiadis KYRKOS

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c a (new)

Regulation (EC) No 1072/2009
Article 8 – paragraph 5 a (new)

(ca) The following paragraph shall be inserted: 5a. In order to monitor effectively compliance with this Regulation, road transport undertakings shall notify in writing by way of a declaration, to the relevant national competent authorities of the Member State hosting the cabotage activity, at the latest at the commencement of the cabotage operation and in (one of) the official language(s) of the host Member State, or in (an)other language(s) accepted by the host Member State, relevant information necessary in order to allow effective control of cabotage operations, including at least the following: (a) the identity of the consignor; (b) the estimated duration of the cabotage operation; (c) the following data about each driver: name, Member State of residence, the Member State in which the employment contract is registered, the Member State in which social security contributions are paid, the social or national insurance number.

Amendment 425 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)

Regulation 1072/2009
Article 9 – point f (new)

(5a) in Article 9 the following point is added: f) the income tax

Amendment 426 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)

Regulation 1072/2009
Article 9– paragraph 1– point f (new)

. (5a) In Article 9 the following point is added: "(f) the application of the rules deriving from the Directive of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector;" Or. en (http://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX:32009R1072)

Amendment 427 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)

Regulation (EC) No 1072/2009
Article 9 – paragraph 2 a (new)

(5a) Vehicles used to carry out cabotage operations shall carry all the consignment letters corresponding to each operation, in hardcopy or in digital format. The driver shall immediately communicate to the control agent of the host Member State the consignment letters corresponding to his entire activity during the 60 days preceding the day of the check.

Amendment 428 #

Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)

Regulation (EC) No 1072/2009
Article 9 – paragraph 1 – point f (new)

(5b) In Article 9 the following point is added: (f) the minimum rates of pay and paid annual leave, as stipulated in point (b) and (c) of the first subparagraph of Article 3(1) of Directive 96/71/EC of the European Parliament and of the Council

Amendment 429 #

Jens NILSSON

Proposal for a regulation
Article 2 – paragraph 1 – point 5 b (new)

Regulation (EC) No 1072/2009
Article 9 –paragraph 1 – point (f) new

(5b) In Article 9 the following point is added: (f) remuneration according to national law and/or practice.

Amendment 43 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be ~~delet~~amended, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory for operators engaged in international transport using motor vehicles or combinations of vehicles with a permissible laden mass of 2.5 to 3.5 tonnes.

Amendment 430 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Angel DZHAMBAZKI

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)

Regulation (EC) No 1072/2009
Article 9 –paragraph 1 – point (f) new

(5a) In Article 9 the following point is added: (f) posting of workers

Amendment 431 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10a

(7) the following Article 10a is inserted: ‘Article 10a Checks 1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 2 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat. 2. Member States shall target those undertakings which are classed as posing an increased risk of infringing the provisions of the present Chapter, applicable to them. For that purpose, Member States shall, within the risk classification system established by them under Article 9 of Directive 2006/22/EC of the European Parliament and of the Council*** and extended in accordance with Article 12 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council,****treat the risk of such infringements as a risk in its own right. 3. Member States shall, at least three times per year, undertake concerted roadside checks on cabotage operations. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place. ______________________ *** Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities (OJ L 102, 11.4.2006, p. 35). ****Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).;’deleted

Amendment 432 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 1 a – paragraph 1

1. Each Member State shall be responsible for pursuing an effective enforcement policy in its territory. As part of that policy, it shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 2 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.

Amendment 433 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation 1072/2009
Article 10a – paragraph 1

Amendment 434 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) 1072/2009
Article 10 a paragraph 1

1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 25 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 310 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.

Amendment 435 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10 a – paragraph 1

Amendment 436 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10a – paragraph 1

1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 24 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 35 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.

Amendment 437 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10 a – paragraph 1

Amendment 438 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10 a – paragraph 3

Amendment 439 #

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation EC No 1072/2009
Article 10 a – paragraph 3

3. Member States shall, at least three times per year, undertake concerted and undiscriminatory roadside checks on cabotage operations. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.

Amendment 44 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit.The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass ~~not exceeding~~of 2.4 to 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, th~~is provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory~~e requirements for engagement in the occupation of road transport operator should equally apply. This provision only applies to undertakings transporting goods for hire or reward. Therefore, small and medium-size enterprises using a vehicle for transportation of their own goods, are not covered by this Regulation.

Amendment 440 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10a – paragraph 3

3. Member States shall, at least ~~three~~four times per year, undertake concerted roadside checks on cabotage operations. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.

Amendment 441 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Regulation (EC) No 1072/2009
Article 14 a

~~Article 14a~~deleted

Amendment 442 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Regulation (EC) No 1072/2009
Article 14 a

~~Liability~~deleted

Amendment 443 #

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Angel DZHAMBAZKI, Evžen TOŠENOVSKÝ, Richard SULÍK

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Regulation (EC) No 1072/2009
Article 14 a

Amendment 444 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Member States shall provide for deterrent sanctions against consignors, freight forwarders, contractors and subcontractors for non- compliance with Chapters II and III, where they knowingly commission transport services which involve infringements of this Regulation.

Amendment 445 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Regulation EC No 1072/2009
Article 14 a – paragraph 1

Member States shall provide for sanctions against consignors, freight forwarders, contractors and subcontractors for non- compliance with Chapters II and III, where they ~~knowingly~~ commission transport services which involve infringements of this Regulation.

Amendment 45 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common ruhas been increasing, particularly on the national transport market, because of the use of light commercial vehicles in towns and on shorter routes. Nonetheless, ~~and thus to~~it is appro~~xim~~priate ~~competitive conditions between all op~~that, for undertakings engaged in internat~~ors, this provision should be deleted, whereas~~ional transport, the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory. This will enable fairer competition on the internal market to be achieved without imposing unnecessary administrative and financial burdens on transport undertakings, particularly SMEs.

Amendment 46 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to ~~approximate competitive conditions~~ensure fair and equal competition between all operators in the sector, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory for all vehicles used in international haulage and cabotage operations, of whatever size.

Amendment 47 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass ~~not exceeding~~of 2.8 to 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, th~~is provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory~~e requirements governing exercise of the occupation of road transport operator should also apply to them.

Amendment 48 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit.~~The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, s~~ Several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass ~~not exceeding 3.5 tonnes~~of 2,8 to 3.5 tonnes for international transport by way of common rules, and thus to approximate competitive conditions between all operators, th~~is provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory~~e requirements for engagement in the occupation of road transport operator should apply equally. The exemption should be made, however, as regards transport operations carried out with vehicles with a permissible laden mass not exceeding 3.5 tonnes in cross- border regions, carried out by transport operators from these regions, within 100 km radius from the border.

Amendment 49 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory for undertakings conducting transport operations internationally.

Amendment 50 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing even if they currently account for only 0.11 % of international traffic within the EU in terms of tonnes-kilometres.. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass ~~not exceeding 3.5 tonnes~~of 2.4 to 3.5 tonnes for international transport by way of common rules, and thus to approximate competitive conditions between all operators, th~~is provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandator~~e requirements for engagement in the occupation of road transport operator should apply equally.

Amendment 51 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit.The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To clarify the scope of that regulation and avoid loopholes, to ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory.

Amendment 52 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit.The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, th~~is provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandat~~e requirements for access to the profession should become mandatory for operators using vehicles with a permissible laden mass between 2.4 tonnes and 3.5 tonnes involved in international transporyt.

Amendment 53 #

Marco ZANNI, Angelo CIOCCA, Mario BORGHEZIO, Mara BIZZOTTO

Proposal for a regulation
Recital 3

Amendment 54 #

Massimiliano SALINI, Salvatore Domenico POGLIESE

Proposal for a regulation
Recital 3

Amendment 55 #

David Maria SASSOLI

Proposal for a regulation
Recital 3

Amendment 56 #

Proposal for a regulation
Recital 3

Amendment 57 #

Proposal for a regulation
Recital 3

(3) ~~Currently,~~ Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. This possibility hais n~~ot proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolished~~ecessary to provide for a level playing field and common standards across Member States.

Amendment 58 #

Proposal for a regulation
Recital 3 a (new)

Amendment 59 #

Proposal for a regulation
Recital 4

(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment, adding the obligation for road transport operators to ensure parking places for their vehicles and to provide proof that they are also carrying out transport activities with their vehicles in the country where the company is registered. The provisions relating to ensuring proportionality between a transport undertaking’s activity in a particular Member State and the assets held and staff employed cannot be applied in the case of companies carrying out international transport. It is more relevant to verify whether a particular company has a valid Community road transport licence (certifying that it meets all the EU criteria for access to the profession and is not a temporary employment agency), and to analyse the proportionality between the vehicles used and the professional drivers employed.

Amendment 60 #

Proposal for a regulation
Recital 4

Amendment 61 #

Proposal for a regulation
Recital 4

(4) In order to put an end to so-called letter-box companies and the distortion of competition they cause, it is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and ~~conduct their business~~provide most of their transport services in the Member State of establishment or from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment.

Amendment 62 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Recital 4

Amendment 63 #

Proposal for a regulation
Recital 4

Amendment 64 #

Proposal for a regulation
Recital 4

Amendment 65 #

Proposal for a regulation
Recital 4

Amendment 66 #

Proposal for a regulation
Recital 4 a (new)

Amendment 67 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Recital 4 a (new)

(4a) Freedom of establishment is a cornerstone of the internal market. However, the illegal practice of using letterbox companies is a threat to the functioning and long-term survival of the internal market. Evaluation has highlighted a clear need for clearer establishment requirements, more intensive monitoring and enforcement, and improved cooperation between Member States. The Union should intensify the fight against fraud and unfair competition in order to create a level playing field.

Amendment 68 #

Proposal for a regulation
Recital 4 a (new)

(4a) Moreover, in order to ensure the effectiveness of a link between the country of establishment and transport operations, a minimum number of operations must be carried out by the fleet of vehicles used in the Member State where the transport undertaking is established. In addition, the undertaking must have a minimum turnover in the country where it is established.

Amendment 69 #

Proposal for a regulation
Recital 4 a (new)

(4 a) Besides, in order to ensure the existence of the link between the country of establishment and the transport operations, a minimal number of transport operations should be effectuated by vehicle fleet used by the haulier for transport operations in the haulier's Member State of establishment.

Amendment 70 #

Proposal for a regulation
Recital 4 a (new)

(4a) There is a need to tackle and prevent bad practices in the sector such as letterbox companies or the abundance of the so-called false self-employed or false cooperatives

Amendment 71 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Recital 6

Amendment 72 #

Proposal for a regulation
Recital 6

Amendment 73 #

Proposal for a regulation
Recital 6

(6) In view of their potential to considerably affect the conditions for fair competition in the road haulage market, serious infringements of national tax and social security rules should be added to the items relevant to the assessment of good repute.

Amendment 74 #

Proposal for a regulation
Recital 7

Amendment 75 #

Proposal for a regulation
Recital 7

Amendment 76 #

Proposal for a regulation
Recital 7

Amendment 77 #

Proposal for a regulation
Recital 7

Amendment 78 #

Proposal for a regulation
Recital 7

(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of ~~workers~~drivers in the road transport sector and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.

Amendment 79 #

Proposal for a regulation
Recital 7

(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.

Amendment 80 #

Proposal for a regulation
Recital 7

(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.

Amendment 81 #

Proposal for a regulation
Recital 7

(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.

Amendment 82 #

Proposal for a regulation
Recital 7

Amendment 83 #

Proposal for a regulation
Recital 7

(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the ~~posting of workers and the~~ law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.

Amendment 84 #

Proposal for a regulation
Recital 7 a (new)

(7 a) A "comparison table" for infringements and sanctions among national laws should be established, in order to ensure a minimum level of harmonization of approach;

Amendment 85 #

Christine REVAULT D'ALLONNES BONNEFOY, Lucy ANDERSON, Hugues BAYET, Kathleen VAN BREMPT, Ismail ERTUG, Isabella DE MONTE, Karoline GRASWANDER-HAINZ, Michael DETJEN

Proposal for a regulation
Recital 8

Amendment 86 #

Proposal for a regulation
Recital 8 a (new)

(8 a) In order to ensure that all EU rules for mobile workers are implemented in effective way, a European Land Transport Agency should be responsible for inspecting and enforcing the rules. It should provide operational and legal support to Member States to enforce social legislation and undertake European wide inspections. The European Land Transport Agency should be responsible for the monitoring of the European Road transport undertakings register.

Amendment 87 #

Proposal for a regulation
Recital 9

(9) National competent authorities have had difficulties identifying the documents which may be submitted by transport undertakings to prove their financial standing, in particular in the absence of certified annual accounts. Th~~e rules regarding evidence required to prove financial standing should be clarified~~is provision should also apply to existing transport undertakings established in countries where there is no legal obligation to certify accounts. The rules regarding evidence required to prove financial standing should be clarified, also adding an insurance policy as a document accepted by a financial institution.

Amendment 88 #

Proposal for a regulation
Recital 10

Amendment 89 #

Proposal for a regulation
Recital 10

(10) Undertakings engaged in the occupation of road haulage operator ~~solely~~ by means of motor vehicles ~~with~~intended exclusively for the carriage of goods, involved in international transport and which have a permissible laden mass ~~not exceeding~~between 2.4 and 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum ~~level of~~ financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations con~~cerned~~ducted with these vehicles are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations ~~of vehicles~~ above that limit.

Amendment 90 #

Proposal for a regulation
Recital 10

(10) Undertakings engaged in the occupation of road haulage operator ~~solely~~engaged in international transport by means of motor vehicles, or with ~~a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit~~combinations of vehicles, intended solely for the transport of goods and with a permissible laden mass of 2.5 to 3.5 tonnes should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations c~~oncerned~~arried out with such vehicles are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles ~~or combinations of vehicles~~ above that limit.

Amendment 91 #

Renaud MUSELIER, Franck PROUST, Elisabeth MORIN-CHARTIER, Anne SANDER, Geoffroy DIDIER, Jérôme LAVRILLEUX

Proposal for a regulation
Recital 10

(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles with a permissible laden mass ~~not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit~~of 2.8 to 3.5 tonnes should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit.

Amendment 92 #

Proposal for a regulation
Recital 10

(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limitThe rules applicable to access to the occupation of road haulage operator using vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes are those set out in Regulation (EC) No 1071/2009.

Amendment 93 #

Proposal for a regulation
Recital 10

(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles with a permissible laden mass ~~not~~ exceeding 32.5 tonnes ~~or with combinations of vehicles not exceeding that limit~~and less than 3.5 tonnes should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit.

Amendment 94 #

Proposal for a regulation
Recital 11

(11) The information about transport operators contained in the national electronic registers should be as complete as possible to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations (EC) No 1071/2009 and (EC) No 1072/2009. Furthermore, the national electronic registers should be interoperable and the data contained therein should be directly accessible to officials of all Member States performing roadside checks. The rules on the national electronic register should therefore be amended accordingly.

Amendment 95 #

Proposal for a regulation
Recital 11

(11) The information about transport operators contained in the national electronic registers should be as complete and up-to-date as possible to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross- border enforcement of the provisions of Regulations(EC) No 1071/2009 and (EC) No 1072/2009. National electronic registers should become interoperable in order for data to be accessible for enforcement authorities from all Member States. The rules on the national electronic register should therefore be amended accordingly.

Amendment 96 #

Proposal for a regulation
Recital 11

(11) The information about transport operators contained in the national electronic registers should be as complete a~~s possible~~nd up to date, to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations(EC) No 1071/2009 and (EC) No 1072/2009. In addition, the national electronic registers must be interoperable in order to ensure a smooth exchange of information between the Member States. The rules on the national electronic register should therefore be amended accordingly.

Amendment 97 #

Proposal for a regulation
Recital 11

(11). The information about transport operators contained in the national electronic registers should be ~~as complete as possible to allow~~harmonised and allow the competent national authorities, in ~~charge of enforcing the relevant rules to have a sufficient~~cluding road inspectors, direct real-time access to provide them with a clear and complete overview of the transport operators being checked or investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross- border enforcement of the provisions of Regulations(EC) No 1071/2009 and (EC) No 1072/2009. The rules on the national electronic register should therefore be amended accordingly.

Amendment 98 #

Proposal for a regulation
Recital 11

(11) The information about transport operators contained in the national electronic registers should be as complete as possible to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the ~~registration~~ number of ~~the~~ vehicles at the disposal of operators, the number of ~~employees they hire, their risk rating and their basic financial information~~drivers and their risk rating, which should allow a better national and cross-border enforcement of the provisions of Regulations(EC) No 1071/2009 and (EC) No 1072/2009. The rules on the national electronic register should therefore be amended accordingly.

Amendment 99 #

Proposal for a regulation
Recital 11

(11) The information about transport operators contained in the national electronic registers should be as complete as possible to allow national authorities in charge of enforcing the relevant rules and inspectors carrying out roadside checks to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations(EC) No 1071/2009 and (EC) No 1072/2009. The rules on the national electronic register should therefore be amended accordingly.

source: 618.056

2018/04/25 EMPL 17 amendments...

Amendment 1 #

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings ~~which are active in both national and international transport operations has been increasing~~has been increasing particularly on the national transport market, because of the use of light commercial vehicles in towns and on shorter routes. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector ~~using~~, avoid loopholes and create fairer competition on the internal market without imposing unnecessary administrative and financial burdens on transport undertakings, particularly SMEs, vehicles with a permissible laden mass not exceeding 3.5 tonnes involved in international transport and cabotage operations by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory.

Amendment 10 #

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

Regulation (EC) No 1071/2009
Article 6 – paragraph 1

xii a) cabotage

Amendment 11 #

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

Regulation (EC) No 1071/2009
Article 6 – paragraph 2 a

(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries ~~and~~, to distort competition in the road transport market, the threat to the health and safety of the worker posed by the non- compliance with Union labour law, including bythe undermining of the working conditions of transport workers, avoiding the applicable labour and social legislation;

Amendment 12 #

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) No 1071/2009
Article 7 – paragraph 1 – subparagraph 1

In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall~~, on a permanent basis,~~ at all times be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used that is over 3.5 tonnes. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles ~~with a permissible laden mass not exceeding 3.5 tonnes~~ or combinations of vehicles ~~with a~~the permissible laden mass of which does not exceed~~ing~~ 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it~~hey~~ haves at ~~their~~its disposal equity capital totalling at least EUR ~~1 800 when only one vehicle is used and EUR~~ 900 for each ~~additional~~ vehicle used.;

Amendment 13 #

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point g a (new)

(aa) Paragraph -1 is added as follows: 'For more effective cross-border enforcement, the data contained in the national electronic registers shall be fully accessible in real time to competent authorities from other Member States'; (c) the names of the transport managers designated to meet the ~~conditions as~~requirements laid down in Article 3 relating to good repute and professional competence or, as appropriate, the name of a legal representative;

Amendment 14 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State ~~or in contiguous Member States~~. The last unloading in the course of a cabotage operation shall take place within 5 days from the last unloading in the host Member State in the course of the incoming international carriage. Cabotage operations permitted under the first subparagraph have a temporary character and the work of the driver performing those operations shall be organise in such a way which allow him/her to rest at home or at another location chosen by himself/herself according to the amending Regulation (EC) No 561/2006 3. National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding genuine international carriage~~; 4. Evidence referred to in paragraph 3~~ and of each consecutive cabotage operation carried out with a consignment note. The consignment notes shall be pre~~sented or transmitted to the authorised inspecting officer of the host Me~~adily available on the vehicle for the roadside checks; Each consignment note shall contain the number Stplates o~~n request and within the duration of the roadside check. It may be presented or transmit~~f the motor vehicle and trailer used. 4. The consignment note may be presented electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as ~~the~~ eCMR.* During the roadside check, the driver shall be allowed to contact the head office, the transport man No additional documents shall be required in order to prove that the conditions laid down in this Article have been met but the competent authorities of the Member State hosting the cabotager o~~r any other person or entity which may provide the evidence referred to in paragraph 3~~peration may require verify data related to the tacograph according to Regulation EU n° 165/2014. Records should be kept at the undertaking.

Amendment 15 #

Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)

Regulation (EC) No 1072/2009
Article 9 – paragraph 1 – point e a (new)

(5 a) In Article 9, in paragraph 1, the following point is added: (f) the application of the rules deriving from the Directive of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector

Amendment 16 #

Proposal for a regulation
Article 1 – paragraph 1 – point 10 a (new)

Regulation (EC) No 1072/2009
Article 10 a – paragraph 1

1. Each Member State shall be responsible for pursuing an effective enforcement policy in its territory. As part of that policy, each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 2 4% of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 6% from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat. 3. Member States shall, at least ~~three~~six times per year, undertake concerted roadside checks on cabotage operations, which may coincide with checks performed in accordance with Article 5 of Directive 2006/22/EC. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.

Amendment 17 #

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Regulation (EC) No 1072/2009
Article 14 a – paragraph 1

Member States shall provide for effective, proportionate and dissuasive sanctions against consignors, freight forwarders, contractors and subcontractors for non- compliance with Chapters II and III, where they knowingly commission transport services which involve infringements of this Regulation.

Amendment 2 #

Proposal for a regulation
Recital 3

Amendment 3 #

Proposal for a regulation
Recital 3 a (new)

(3 a) Even though road transport activity in the EU provides 5 million direct jobs and contributes almost 2 % of the Community’s GDP, the EU is faced with a shortage of professional drivers, particularly among young people and women. In order to make it easier and more attractive for young people and women to access the profession, and, likewise, to retain people currently working in the sector (especially in the case of SMEs), illegal work and bogus self-employment must be reduced and existing administrative procedures must be more flexible and should not represent an unnecessary burden for smaller undertakings or self-employed workers.

Amendment 4 #

Proposal for a regulation
Recital 4

(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. ~~Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment~~Freedom of establishment is a cornerstone of the internal market. However, the existence of letterbox companies and bogus self- employment within the transport sector have caused a proliferation of illicit practices, which degrade the sector's image, since they reduce labour costs illegally and fail to ensure that working standards are maintained. Therefore, and in light of experience, it is necessary to clarify, ensure and monitor the implementation of the provisions set out in Article 5 of Regulation (EC) No 1071/2009 regarding the existence of an effective and stable establishment, step up checks and so put an end to the illegal practice of so-called letterbox companies and bogus self-employment. It is also necessary to foster enhanced cooperation, joint controls, the setting of more ambitious targets and the exchange of best practices between Member States.

Amendment 5 #

Proposal for a regulation
Recital 7

(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.

Amendment 6 #

Proposal for a regulation
Recital 10

(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit involved in international transport should have a ~~minimum~~sufficient level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis and have the means to meet their obligations related to their employees in wages and social contributions. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit. and they should not represent an unnecessary burden for smaller undertakings or self-employed workers.

Amendment 7 #

Proposal for a regulation
Recital 13

(13) Cabotage operations´ main goal is to avoid empty journeys while returning to the country of establishment, which contribute to reduce fuel consumption and emissions, improve the profitability of undertakings and hence the internal market and the labour market. The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple ~~and easy to enforce, while broadly maintaining the level of liberalisation achieved so far~~for hauliers to implement and easy to enforce, complying with the applicable law while maintaining the level of liberalisation achieved so far, without undermining the basic principle of the freedom to provide services in the internal market and the protection of the posted workers. In order to ensure the temporary character and to avoid any misused or distortion of the market as well as the danger of systematic cabotage caused by so-called ‘letter-box’ companies or nomadic drivers, the EU rules established on the Directive of posting drivers in the road transport sector are applied to cabotage operations from day 1.

Amendment 8 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – introductory part

~~(1) (a) (i) point a) is deleted;~~Article 1 is amended as follows: paragraph 4 is amended as follows: (i) letter a) is replaced by the following text: undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden mass of which does not exceed 3.5 tonnes and that are engaged only in national transportation (b) the following paragraph 6 is added: Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: a) require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b) lower the limit referred to in the first subparagraph for all or some categories of road transport operations.';

Amendment 9 #