35 Amendments of Andor DELI related to 2017/0122(COD)
Amendment 4 #
Council position
Recital 15
Recital 15
(15) While in general regular weekly rest periods and longer rest periods canshall not be taken in the vehicle or in a parking area, but only in suitable accommodation, which may be adjacent to a parking area, i, by way of derogation relevant rest periods may be taken in vehicles, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements. It is of utmost importance to enable drivers to locate safe and secure parking areas that provide appropriate levels of security and appropriate facilities. The Commission has already studied how to encourage the development of high- quality parking areas, including the necessary minimum requirements. The Commission should therefore develop standards for safe and secure parking areas. Those standards should contribute to promoting high- quality parking areas. The standards may be revised in order to cater for better access to alternative fuels, in line with policies developing that infrastructure. It is also important that parking areas are being kept free from ice and snow.
Amendment 6 #
Council position
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 8 #
Council position
Article 1 – paragraph 1 – point 6 – point c
Article 1 – paragraph 1 – point 6 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 – subparagraph 1
Article 8 – paragraph 8 – subparagraph 1
8. Where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary. The regular weekly rest periods and any weekly rest period of more than 45 hours taken in compensation for previous reduced weekly rest periods shall not be taken in a vehicle. They shall be taken in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities. By way of derogation from the second subparagraph, the regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest may be taken in a vehicle, provided that the vehicle is parked in certified safe and secure parking area which provides parking places for commercial vehicles and service facilities fulfilling the minimum requirements set out in Article 8a . Until [OJ: three years after entry into force] a vehicle may also be parked in a regular parking area which provides basic service facilities. Relevant period might be prolonged by the Commission, by means of delegated act, for additional two years if according to the outcomes of the Commission’s report on the availability of safe and secure parking areas the number of certified safe and secure parking areas across EU would not be sufficient to meet reported needs. Any costs for accommodation outside the vehicle shall be covered by the employer, as well as any fee deriving from the use of safe and secure parking area.
Amendment 11 #
Council position
Article 1 – paragraph 1 – point 6 – point d
Article 1 – paragraph 1 – point 6 – point d
Regulation (EC) No 561/2006
Article 8 – paragraph 8a – subparagraph 1
Article 8 – paragraph 8a – subparagraph 1
8a. Transport undertakings shall organise the work of drivers in such a way that the drivers are able to return to the employer's operational centre where the driver is normally based and where the driver's weekly rest period begins, in the Member State of the employer's establishment, or to return to the drivers' place of residence, or to any other location chosen by the driver, within each period of four consecutive weeks, in order to spend at least one regular weekly rest period or a weekly rest period of more than 45 hours taken in compensation for reduced weekly rest period.
Amendment 14 #
Council position
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 561/2006
Article 8a – paragraph 4
Article 8a – paragraph 4
4. By 31 December 2024,At the latest [OJ: three years after the date of entry into force of this amending Regulation] the Commission shall present a report to the European Parliament and to the Council on the availability of suitable rest facilities for drivers and of secured parking facilities, as well as on the development of safe and secure parking areas certified in accordance with the delegated acts referred to in paragraph 2. That report may list. The report shall in particular cover information on the number and the location of certified safe and secure parking areas, on their capacity and usage, and on the demand for additional places or facilities. Based on this report, the Commission shall propose, if appropriate, measures aiming to increase the number and quality of certified safe and secure parking areas and/or measures to prolong transitional period laid down in the fourth subparagraph of Article 8 paragraph 8 for an additional two years.
Amendment 16 #
Council position
Article 3 – paragraph 1
Article 3 – paragraph 1
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union[insert date 18 month after that of its publication in the Official Journal of the European Union]. It shall apply from [insert date 18 month after date of entry into force]. By ... [OJ: 4 months after its publication in the Official Journal of the European Union] the Commission shall present a proper impact assessment regarding the impact of this Regulation on actual economic situation of the EU road haulage market and drivers' health safety situation, and, where appropriate, propose amendments to this Regulation taking into account the new market situation of the sector.
Amendment 63 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Any national rules applied to road transport must be proportionate as well as justified and must not hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty, such as the free movement of goods and the freedom to provide services in order to maintain or even increase the competitiveness of the European Union.
Amendment 89 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Rest in the cabin is characteristic for the transport sector. A full separation of drivers and their vehicles is not desirable from a security and insurance perspective.
Amendment 96 #
Proposal for a regulation
Recital 7
Recital 7
(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. It is tTherefore appropriate to clarify that requirement to ensure that drivers a, before banning a sleep in the vehicle and forcing drivers to spend it in a suitable accommodation, with adequate sleeping and sanitary facilities it is of utmost importance to get a clear view on existing facilities. It is therefore approvided with adequate accommodation for their regular weekly rest periods if they are taken away from homepriate to prepare a report and on its findings to propose a clear roadmap and timing on how to address the existing problems and increase the number of suitable rest facilities for drivers and secured parking facilities on the TEN-T network.
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 6 – paragraph 3
Article 6 – paragraph 3
(2a) in Article 6, paragraph 3 is replaced by the following: 3. The total accumulated driving time during any twofour consecutive weeks shall not exceed 9180 hours.
Amendment 112 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
(b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours., or
Amendment 117 #
Proposal for a regulation
Recital 8
Recital 8
(8) Drivers are often faced with unforeseen circumstances which make it impossible to reach a desired destination for taking a weekly rest without violating Union rules. It is desirable to make it easier for drivers to cope with those circumstances and enable them to reach their destination for a weekly rest without breaching the requirements on maximum driving times.
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
(ba) one regular weekly rest period of at least 45 hours and three reduced rest periods of at least 24 hours.
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 2 a (new)
Article 8 – paragraph 6 – subparagraph 2 a (new)
(aa) in paragraph 6, the following subparagraph is added: If a reduced weekly rest period is taken, the driver must take the difference between the rest period taken and 45 hours, in a single block, by the end of the fourth week following the week in which the reduced rest period ends.
Amendment 127 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8a
Article 8 – paragraph 8a
Amendment 144 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at homein the country of establishment of the undertaking within each period of threefour consecutive weeks.;
Amendment 144 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Many road transport operations within the Community involve transport by ferry or by rail for part of the journey. Clear, appropriate provisions regarding rest periods and breaks should therefore be laid down for such operations.
Amendment 152 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 c (new)
Article 8 – paragraph 8 c (new)
(ca) the following paragraph is inserted: “8c. Daily rest periods and weekly rest periods (both regular and reduced ones) away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary.”
Amendment 208 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 6 – paragraph 3
Article 6 – paragraph 3
(2a) Article 6(3) is replaced by the following "3. The total accumulated driving time during any twofour consecutive weeks shall not exceed 9180 hours. " Or. en (http://eur-lex.europa.eu/resource.html?uri=cellar:5cf5ebde-d494-40eb-86a7- 2131294ccbd9.0005.02/DOC_1&format=PDF)
Amendment 266 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – point b
Article 8 – paragraph 6 – point b
(b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours. or
Amendment 274 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a (new)
Article 1 – paragraph 1 – point 5 – point a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – point b a (new)
Article 8 – paragraph 6 – point b a (new)
In Article 8, paragraph 6, the following point shall be added: "ba) one regular weekly rest of at least 45 hours and three reduced rests of at least 24 hours."
Amendment 275 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
Amendment 309 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 561/2006
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Any rest period taken as compensation for a reduced weekly rest period shall immediately precede or follow a regular weeklybe attached to another rest period of at least 45nine hours.;
Amendment 313 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c – introductory part
Article 1 – paragraph 1 – point 5 – point c – introductory part
Regulation (EC) No 561/2006
Article 8
Article 8
(c) the following paragraphs 8a, 8b and 8bc are inserted:
Amendment 314 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c b (new)
Article 1 – paragraph 1 – point 5 – point c b (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b a (new)
Article 8 – paragraph 8 b a (new)
(c b) 8ba. The provisions under Article 8.8b shall not apply to the transport of properties, material, accessories and animals to or from entertainment shows, theatrical, musical, film, sports or circus performances when the same transport company provides transport services to a customer for the duration of its entertainment, theatrical, musical, film, sports or circus tour."
Amendment 319 #
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall notmay be taken: a) in athe vehicle. They shall be taken in a suitable accommodation, with adequate sleeping and sanitary facilities; provided that the vehicle has suitable sleeping facilities for each driver and the vehicle is stationary, or b) at home or at another private location chosen by the driver. When the driver decides to take this rest at home, the transport undertaking shall provide the driver with the means to return home.
Amendment 333 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – point a
Article 8 – paragraph 8 a – point a
Amendment 338 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – point b
Article 8 – paragraph 8 a – point b
Amendment 363 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation 561/2006
Article 8 – paragraph 8b
Article 8 – paragraph 8b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of threefour consecutive weeks.;
Amendment 373 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
(c a) In Article 8, new paragraph 9 a is added: 9a. Member States shall issue an annual report to the European Commission on the availability of suitable rest facilities for drivers and secured parking facilities on their national territory, from the date of entry into force of this Regulation. The European Commission shall establish a common standard for Member States reporting. The European Commission shall by 31 December 2019 at the latest, present an overall report to the European Parliament and the Council on the availability of suitable rest facilities for drivers and secured parking facilities on the TEN-T network. This report shall be updated annually on the basis of information gathered by the European Commission and contain a list of proposed measures to increase the number and quality of suitable rest facilities for drivers and secured parking spaces. On the basis of these reports, the European Commission shall reassess, by 31 December 2025 at the latest, whether it is necessary to propose additional measures.
Amendment 392 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 561/2006
Article 9 – paragraph 1
Article 9 – paragraph 1
9. By way of derogation from Article 8, where a driver accompanies a vehicle which is transported by ferry or train, and takes a regular daily rest period or reduced weekly rest period, that period may be interrupted not more than twice by other activities not exceeding one hour in total. During that regular daily rest or reduced weekly rest period the driver shall have access to a bunk or couchette at their disposal. Such a derogation should be extended to regular weekly rests when the ferry or train journey is 10 hours or more in duration.;
Amendment 408 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 561/2006
Article 12 – paragraph 2
Article 12 – paragraph 2
Provided that road safety is not thereby jeopardised, the driver may depart from Article 8(2) and the second subparagraph of Article 8(6) to be able to reach a suitable accommodation as referred to in Article 8(8a) to take a daily or weekly rest there. Such a departure shall not result in exceeding daily or weekly driving times or shortening daily or weekly rest periods. However, the daily driving time can be extended by two hours when the driving period is immediately followed by a rest period of not less than 45 consecutive hours. Such extensions to daily driving time should be within the limit of the maximum accumulated driving times, e.g.56 hours in one week and 180 hours in four weeks. The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the suitable accommodation.
Amendment 423 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 561/2006
Article 14 – paragraph 2
Article 14 – paragraph 2
2. In urgent cases Member States may grant, under exceptional circumstances, a temporary exception for a period not exceeding 30 days, which shall be duly justified and notified immediately to the Commission.; This information shall be published on a dedicated public website maintained by the European Commission in all EU languages.;
Amendment 428 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 561/2006
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall lay down rules on penalties applicable to infringements of this Regulation and Regulation (EU) No 165/2014 and shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate to their gravity as determined in accordance with Annex III to Directive 2006/22/EC of the European Parliament and of the Council12 , dissuasive and non-discriminatory. No infringement of this Regulation and Regulation (EU) No 165/2014 shall be subjected to more than one penalty or procedure. The Member States shall notify the Commission of those measures and the rules on penalties by the date specified in the second subparagraph of Article 29. They shall notify without delay any subsequent amendments thereto. The Commission shall inform Member States accordingly. This information shall be published on a dedicated public website maintained by the European Commission in all EU languages, containing detailed information on such penalties applicable in EU Member States.; _________________ 12 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 (OJ L 102, 11.4.2006, p. 35).
Amendment 482 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) No 165/2014
Article 34 – paragraph 7 – subparagraph 1
Article 34 – paragraph 7 – subparagraph 1
7. The driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished as well as where and when the driver has crossed a border in the vehicle on arrival at the suitable stopping place. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998..