BETA

26 Amendments of Patricia van der KAMMEN related to 2013/0105(COD)

Amendment 50 #
Proposal for a directive
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 96/532002/7/EC of 25 July 199618 February 2002 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 (Text with EEA relevance)
2013/12/10
Committee: TRAN
Amendment 52 #
Proposal for a directive
Recital 1
(1) The White Paper ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system’ published in 2011 emphasised the need to reduce greenhouse gas emissions, particularly carbon dioxide (CO2) emissions, by 60% in comparison with 1990 levels by 2050. __________________ 6deleted COM(2011) 144 final.
2013/12/10
Committee: TRAN
Amendment 54 #
Proposal for a directive
Recital 2
(2) In this context, the White Paper proposed to adapt Council Directive 96/532002/7/EC of 25 July 199618 February 2002 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 in the aim of reducing energy consumption and greenhouse gas emissions, so as to adapt the legislation to technological developments and changing market needs and to facilitate intermodal transport.
2013/12/10
Committee: TRAN
Amendment 59 #
Proposal for a directive
Recital 3
(3) Technological developments include the possibility of attaching retractable or foldable aerodynamic devices to the rear of vehicles, mainly trailers or semi-trailers, but which then exceed the maximum lengths allowed under Directive 96/532002/7/EC. This equipment may be installed as soon as this Directive enters into force, as the products are available on the market and already used in other continents.
2013/12/10
Committee: TRAN
Amendment 65 #
Proposal for a directive
Recital 4
(4) The improved aerodynamics of the cabs of motor vehicles would also allow significant gains on the energy performance of vehicles, in conjunction with the devices mentioned in recital 3 above. However, this improvement is impossible under the current maximum lengths set by Directive 96/532002/7/EC without reducing the vehicle load capacity and threatening the economic equilibrium of the sector. Therefore a derogation from this maximum length is required.
2013/12/10
Committee: TRAN
Amendment 73 #
Proposal for a directive
Recital 6
(6) Aerodynamic devices and their installation in vehicles must be tested before being put on the market. To this end, Member States are tomay issue certificates that will be recognised by other Member Statesif they so wish.
2013/12/10
Committee: TRAN
Amendment 89 #
Proposal for a directive
Recital 7
(7) Longer and/or heavier vehicles may be used in cross- border transport if the two Member States concerned already allow it and if the conditions for derogation under Article 4(3), (4) or (5) of the Directive are met. The European Commission has already provided guidance on the application of Article 4 of the Directive. The transport operations referred to in Article 4(4) do not have a significant impact on international competition if the cross- border use remains limited to two Member States where the existing infrastructure and the road safety requirements allow it. This balances the Member States’ right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the need to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respectransport if the two Member States concerned allow it.
2013/12/10
Committee: TRAN
Amendment 109 #
Proposal for a directive
Recital 11
(11) Since the adoption of Directive 96/532002/7/EC, the average weight of bus passengers and their luggage has increased substantially, leading to a gradual reduction in the number of passengers carried, given the weight limits imposed by the Directive. The need to promote public transport over private transport in the interests of better energy efficiency means that the previous number of bus passengers must be re-established, taking into account this increase in their weight and that of their luggage. This can be done by increasing the authorised weight for buses with two axles, within limits that nonetheless ensure that the infrastructure is not damaged through faster erosion.
2013/12/10
Committee: TRAN
Amendment 111 #
Proposal for a directive
Recital 12
(12) The authorities responsible for enforcing road transport-related requirements note a high number of infringements, sometimes serious, particularly in relation to the weight of transport vehicles. This situation stems from the insufficient number ofRelevant factors include, for example, checks conducted under Directive 96/53/EC, or from their inefficiency. Furthermore, the procedures and rules for checks differ between Member States, creating legal uncertainty for drivers of vehicles operating in several Member States of the Union. Furthermore,and transporters that do not comply with the relevant rules enjoy a significant competitive advantage over competitors that do comply with the rules, and over other modes of transport. This situation constitutes an obstacle to the proper functioning of the internal market. It is therefore important that Member Statesup to Member States, if they so wish, to increase the pace of checks carried out, both the manual checks and the pre- selections for manual checks.
2013/12/10
Committee: TRAN
Amendment 117 #
Proposal for a directive
Recital 14
(14) The observation of a high number of infringements of the provisions of Directive 96/532002/7/EC is to a large extent due to the non-deterrent level of penalties prescribed by Member States’ legislation for violations of these rules, or even the absence of any such penalties. This weak point is further compounded by the wide variety in the levels of administrative penalties applicable in the different Member States. To remedy these weak points, the levels and categories of administrative penalties for infringements of Directive 96/532002/7/EC should be approximated at Union level. These administrative penalties should be effective, proportionate and dissuasive.
2013/12/10
Committee: TRAN
Amendment 118 #
Proposal for a directive
Recital 15
(15) The inspection authorities in the Member States must be able to exchange information to make checking the weight of vehicles or vehicle combinations more effective at international level, and to facilitate the smooth operation of these checks, in particular the identification of offenders, the description of offences and penalties applied, and the state of good repute of the undertaking concerned. The contact point designated in accordance with Article 18(1) of Regulation 1071/2009/EC 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/EC9 could serve as a relay for this exchange of information. __________________ 9 OJ L 300, 14.11.2009, p. 51.
2013/12/10
Committee: TRAN
Amendment 119 #
Proposal for a directive
Recital 16
(16) The European Parliament and the Council should be regularly informed of the checks on road traffic carried out by the Member States. This information, provided by the Member States, will enable the Commission to ensure compliance with this Directive by hauliers and to define whether or not additional coercive measures should be developed.deleted
2013/12/10
Committee: TRAN
Amendment 122 #
Proposal for a directive
Recital 17
(17) The Commission should be empowered to adopt delegated acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, to define the requirements imposed on new aerodynamic devices placed in the rear of the vehicle or the design of new motor vehicles, as well as the technical specifications to ensure full interoperability of onboard weighing devices, and guidelines on the procedures for checking the weight of vehicles in circulation. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, shall ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
2013/12/10
Committee: TRAN
Amendment 126 #
Proposal for a directive
Recital 18
(18) Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Directive, be better achieved at Union level, the Union may take the necessary measures, in accordance 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 the same Article, this Directive does not exceed what is necessary in order to achieve that objective.deleted
2013/12/10
Committee: TRAN
Amendment 128 #
Proposal for a directive
Recital 19
(19) Directive 96/532002/7/EC should therefore be amended accordingly,
2013/12/10
Committee: TRAN
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Directive 96/532002/7/EC is hereby amended as follows:
2013/12/10
Committee: TRAN
Amendment 209 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 96/53/EC
Article 8 – paragraph 4
The Commission shall be empowered to adopt delegated acts in accordance with Article 16, to complement the requirements referred to in paragraph 2. These take the form of technical characteristics, minimum levels of performance, design constraints, and procedures for the establishment of the test certificate indicating the increase in aerodynamic performance referred to in paragraph 3.
2013/12/10
Committee: TRAN
Amendment 213 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 96/53/EC
Article 8 – paragraph 5
Pending the adoption of the delegated acts, the vehicles or combinations of vehicles equipped with aerodynamic devices to the rear, which meet the requirements referred to in paragraph 2 and were tested in accordance with paragraph 3 may circulate if their length exceeds the length laid down in Annex I, point 1.1 by no more than two metres. This transitional measure shall apply from the date of entry into force of this Directive.
2013/12/10
Committee: TRAN
Amendment 245 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 4
The requirements set out in paragraph 2 are adopted in accordance with paragraph 5 below. The Commission shall be empowered to adopt delegated acts concerning the requirements which the new tractor cabs must meet in accordance with Article 16. These take the form of technical characteristics, minimum levels of performance, design constraints, and procedures for the establishment of the test certificate indicating the increase in aerodynamic performance referred to in paragraph 3.deleted
2013/12/10
Committee: TRAN
Amendment 269 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive 96/53/EC
Article 11 – paragraph 1 – second part
For the purposes of this Article, and of point 2.2.2(c) of Annex I, an intermodal transport operation shall include at least rail, river or sea transport at least. It shall also include a road section for its initial and/or terminal journey. Each of these road sections shall be less than 300 km in the territory of the European Union or just as far as the closest terminals between which there is a regular service. A transport operation shall also be regarded as intermodal transport if it uses intra- European short sea shipping, regardless of the lengths of the initial and terminal road journeys. The initial road journey and the terminal road journey for an operation using intra-European short sea shipping takes place from the point where the goods are loaded to the nearest appropriate seaport for the initial leg, and/or where appropriate between the nearest appropriate seaport and the point where the goods are unloaded for the final leg.deleted
2013/12/10
Committee: TRAN
Amendment 283 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 1
The Member States shallmay establish a system for pre-selecting and targeting checks on vehicles or combinations of vehicles in circulation, in order to ensure compliance with the requirements of this Directive.
2013/12/10
Committee: TRAN
Amendment 285 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 2
After the expiry of a period of two years from the date of entry into force of this Directive, Member States shall measure the weight of vehicles or combination of vehicles in circulation. The purpose of these pre-selection measures is to identify vehicles that are likely to have committed an offence and that should be checked manually. These measures may be taken with the aid of automatic systems set up on the infrastructure, or onboard systems installed in vehicles in line with paragraph 6 below. The automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights. As these automatic systems are only to be used for pre-selection purposes, and not to define an offence, they do not have to be certified by the Member States.deleted
2013/12/10
Committee: TRAN
Amendment 296 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 3
Member States shall take a number of preselection measures equivalent to at least one weighing per 2 000 vehicle kilometres per year on averageIt shall be for the Member States to decide how many checks to perform. An average of one weighing per 2 000 vehicle kilometres per year may be a convenient indicator for an adequate number of measurements.
2013/12/10
Committee: TRAN
Amendment 299 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 5
Vehicles suspected of being overweight following the pre-selection procedure conducted pursuant to paragraph 2 shall be subject to at least one of the following measures: (i) roadside inspection with approved measurement equipment after interception of the vehicle, (ii) sending the transport company notification of the suspected overloading of the vehicle, (iii) inspection of the transport company on its premises, particularly in the case of repeated infringements after the sending of the notification referred to in (ii).deleted
2013/12/10
Committee: TRAN
Amendment 314 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 7
The Commission shall be empowered to adopt delegated acts, in accordance with Article 16, concerning: – the additional technical specifications to ensure full interoperability at Union level of the on-board weighing equipment mentioned in paragraph 6 above, so that the authorities of all Member States can communicate in the same way with vehicles or vehicle combinations registered in any Member State and, where appropriate, exchange information received with the authorities of other Member States. – the procedures for the pre-selection checks referred to in paragraph 2 of this Article, the technical specifications, precision requirements and instructions for use of the equipment used for these preselection checks. These procedures, specifications and instructions for use are intended to ensure that the checks are performed in the same way in all Member States, thereby ensuring equal treatment for all transporters throughout the territory of the Union.
2013/12/10
Committee: TRAN
Amendment 331 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Directive 96/53/EC
Article 15
Every two years in the first quarter of the calendar year, the Member States shall send the Commission a report on the checks carried out in the previous two calendar years, the results of these checks and the penalties imposed on the offenders. The Commission shall produce an analysis of these reports and send it to the European Parliament and the Council in the second quarter of the calendar year.deleted
2013/12/10
Committee: TRAN