26 Amendments of Patricia van der KAMMEN related to 2013/0105(COD)
Amendment 50 #
Proposal for a directive
Title 1
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)
Amendment 52 #
Proposal for a directive
Recital 1
Recital 1
Amendment 54 #
Proposal for a directive
Recital 2
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.
Amendment 59 #
Proposal for a directive
Recital 3
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.
Amendment 65 #
Proposal for a directive
Recital 4
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.
Amendment 73 #
Proposal for a directive
Recital 6
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.
Amendment 89 #
Proposal for a directive
Recital 7
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.
Amendment 109 #
Proposal for a directive
Recital 11
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.
Amendment 111 #
Proposal for a directive
Recital 12
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.
Amendment 117 #
Proposal for a directive
Recital 14
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.
Amendment 118 #
Proposal for a directive
Recital 15
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.
Amendment 119 #
Proposal for a directive
Recital 16
Recital 16
Amendment 122 #
Proposal for a directive
Recital 17
Recital 17
Amendment 126 #
Proposal for a directive
Recital 18
Recital 18
Amendment 128 #
Proposal for a directive
Recital 19
Recital 19
(19) Directive 96/532002/7/EC should therefore be amended accordingly,
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
Directive 96/532002/7/EC is hereby amended as follows:
Amendment 209 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 96/53/EC
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 213 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 96/53/EC
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 245 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 96/53/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 269 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 96/53/EC
Article 11 – paragraph 1 – second part
Article 11 – paragraph 1 – second part
Amendment 283 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 1
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.
Amendment 285 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 296 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 299 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 314 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 96/53/EC
Article 12 – paragraph 7
Article 12 – paragraph 7
Amendment 331 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 96/53/EC
Article 15
Article 15