23 Amendments of Claudia ȚAPARDEL related to 2017/0121(COD)
Amendment 30 #
Proposal for a directive
Recital 2
Recital 2
(2) The inherent high mobility of road transport services requires particular attention in assuring that drivers benefit from the rights to which they are entitled and that operators are not faced with disproportionate administrative barriers or abusive controls, unduly restricting their freedom to provide cross-border services.
Amendment 56 #
Proposal for a directive
Recital 2
Recital 2
(2) The inherent high mobility of road transport services requires particular attention in assuring that drivers benefit from the rights to which they are entitled and that operators are not faced with disproportionate administrative barriers or abusive and discriminatory controls, unduly restricting their freedom to provide cross-border services.
Amendment 67 #
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. __________________ 18Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)international transport operations, as well as cabotage operations, where both the driver and the vehicle return to the Member State of establishment, should not be subject to Directive 96/71/EC and Directive 2014/67/EU, if carried out in an established time threshold.
Amendment 76 #
(6) The administrative cooperation between Member States with regard to the implementation of the social rules in road transport has proven insufficient, making cross-border enforcement more difficult, inefficient and inconsistent. It is therefore necessary to establish a framework for effective communication and mutual assistance, including exchange of data on infringements and information on good practices in enforcement. This could be best served through the creation of a European Road Agency.
Amendment 85 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Transit transport operations will not be subject to Directives 96/71/EC and 2014/67/EU.
Amendment 90 #
Proposal for a directive
Recital 9
Recital 9
(9) Difficulties have also been experienced in applying the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council15 and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council16 to the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated high administrative burdens for non-resident Union operators. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on jobs and the competitiveness of transport companies. _________________ 15 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, 21.1.97, p.1) 16 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
Amendment 96 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Practices of company subsidiary system where the parent company in a specific country gathers most of the profit, leaving subsidiary transport companies in other countries with limited resources whilst they gain most of the turnover from their transport business, should be avoided as such practices might lead to inequalities and disproportionate profit shifting amongst the Member States, leaving at a disadvantaged point, the Member States where the subsidiary companies reside; as a negative social result of such practices, the income of the drivers in the countries where the subsidiary companies reside are kept at a lower level; in order to tackle possible unfair competitive advantages within the road transport sector such practices of should be closely analysed and avoided;
Amendment 106 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2006/22/EC
Article 2 – paragraph 3 – subparagraph 1
Article 2 – paragraph 3 – subparagraph 1
Each Member State shall organise checks in such a way that at least 3% of days worked by drivers of vehicles falling within the scope of Regulation (EC) No 561/2006, Regulation (EU)165/2014 and Directive 2002/15/EC are checked; following roadside checks and where the driver is not in capacity to submit one or more of the required documents, the drivers shall be released to continue their transport operation and the transport operator in the Member State of establishment is obliged to submit the required documents by the competent authorities within 14 working days after the request has been made.
Amendment 108 #
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply toConsequently, international transport operations and cabotage operations as deflinked by Regulations 1072/200918 and 1073/200919 since the entireto it, as well as transporit operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. _________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88).s, should not be subject to Directives 96/71/EC and 2014/67/EU, if carried out in a clearly- defined time threshold. Regulation (EC) No 1073/2009 of the
Amendment 112 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experiences of non- compliance in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.;
Amendment 155 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Member States shall not apply Directive 96/71/EC or Directive 2014/67/EU to transit transport operations.
Amendment 178 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1)Directive 96/71/EC ofr Directive 96/712014/67/ECU to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage operations as defined by Regulations 1072/2009 and 1073/2009, with the exception of transit transport operations, where the period of posting to their territory to perform these operations is shorter than or equal to 310 days during a period of one calendar month.
Amendment 215 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 237 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. The period of posting referred to in paragraph 2 shall be calculated by cumulating the periods recorded by the tachographs, spent by the driver in a host Member State per calendar month, excluding weekly rest periods.
Amendment 260 #
Proposal for a directive
Article 2 – paragraph 4 – point a
Article 2 – paragraph 4 – point a
(a) an obligation for the road transport operator established in another Member State to send a posting declaration to the national competent authorities at the latest at the commencement of the posting, in a standardised electronic form, in an official language of the host Member State or in English, containing only the following information:
Amendment 277 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 316 days during a period of one calendar month for international transport and 10 days in the case of cabotage.
Amendment 306 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
(d) an obligation for the driver to keep and make available, where requestedtransport operator in the Member State of establishment to keep and make available, where such a request is submitted to the driver at the roadside control, in paper or electronic form, a copy of the employment contract of the driver or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC20 , translated into one of the official languages of the host Member State or into English; such a document must be delivered within 14 working days from the date the request has been made; __________________ 20 Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32)
Amendment 306 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 3n the case of international transport operations is longer than 16 days and for cabotage is longer than 10 days, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entire period of posting to their territory during the period of one calendar month referred to in the first subparagraph.
Amendment 317 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
(e) an obligation for the driver to make available, where requestedtransport operator in the Member State of establishment to keep and make available, where such a request is submitted to the driver at the roadside control, in paper or electronic form, a copy of payslips for last two months; during the roadside check, thsuch a document must be dreliver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide this copyed within 14 working days from the date the request has been made;
Amendment 419 #
Proposal for a directive
Article 2 – paragraph 4 – point a – introductory part
Article 2 – paragraph 4 – point a – introductory part
(a) an obligation for the road transport operator established in another Member State to send a posting declaration to the national competent authorities at the latest at the commencement of the posting, in a standardized electronic form, in an official language of the host Member State or in English, containing only the following information:
Amendment 497 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
(d) an obligation for the drivertransport operator in the Member State of establishment to keep and make available, where requested at thesuch a request is made during a roadside control, in paper or electronic form, a copy of the employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC20 , translated into one of the official languages of the host Member State or into English; such documents shall be made available within 15 working days from the date the request was made. _________________ 20 Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32)
Amendment 514 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 538 #
Proposal for a directive
Article 2 – paragraph 4 – point f a (new)
Article 2 – paragraph 4 – point f a (new)
(fa) In cases where a driver is not in capacity to submit the required documents during a roadside check, the driver shall be allowed to continue their transport operation while the transport operator in the Member State of establishment should submit the required documents in 15 working days since the request was made.