Activities of Marie-Christine ARNAUTU related to 2017/0123(COD)
Plenary speeches (2)
Enforcement requirements and specific rules for posting drivers in the road transport sector - Daily and weekly driving times, minimum breaks and rest periods and positioning by means of tachographs - Adapting to development in the road transport sector (debate) FR
Enforcement requirements and specific rules for posting drivers in the road transport sector - Daily and weekly driving times, minimum breaks and rest periods and positioning by means of tachographs - Adapting to development in the road transport sector (debate) FR
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) 1071/2009 and Regulation (EC) 1072/2009 with a view to adapting them to developments in the sector PDF (924 KB) DOC (157 KB)
Amendments (14)
Amendment 49 #
Proposal for a regulation
Recital 2
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 65 #
Proposal for a regulation
Recital 4
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, thereby putting an end to so-called letterbox companies.
Amendment 66 #
Proposal for a regulation
Recital 4 a (new)
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 79 #
Proposal for a regulation
Recital 7
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 94 #
Proposal for a regulation
Recital 11
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 109 #
Proposal for a regulation
Recital 13
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 126 #
Proposal for a regulation
Recital 14
Recital 14
(14) To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number ofany cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be reducedremunerated 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)
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 189 #
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point a
Article premier – paragraph 1 – point 3 – point a
Regulation 1071/2009/EC
Article 5 – point a
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 204 #
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point c
Article premier – paragraph 1 – point 3 – point c
règlement (CE) n° 1071/2009
Article 5 – point d
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 210 #
Proposal for a regulation
Article premier – paragraph 1 – point 3 – point d (new)
Article premier – paragraph 1 – point 3 – point d (new)
Regulation (EC) No 1071/2009
Article 5 – point f and g (new)
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 227 #
Proposal for a regulation
Article premier – paragraph 1 – point 4 – point a – point iii (new)
Article premier – paragraph 1 – point 4 – point a – point iii (new)
Regulation 1071/2009/EC
Article 6 – paragraph 1 – point b – point xi a
Article 6 – paragraph 1 – point b – point xi a
(xia) (xii) cabotage
Amendment 292 #
Proposal for a regulation
Article premier – paragraph 1 – point 11 – point a – point ii
Article premier – paragraph 1 – point 11 – point a – point ii
Regulation (EC) No 1072/2009
Article 16 – paragraph 2 – subparagraph 2
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 395 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
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 52 days from the last unloading in the host Member State in the course of the incoming international carriage.’;