25 Amendments of Claudia ȚAPARDEL related to 2017/0122(COD)
Amendment 16 #
Proposal for a regulation
Recital 1
Recital 1
(1) Good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe, efficient and socially accountable road transport sector. To facilitate that process it is essential that the Union social rules in road transport are clear, proportionate, fit for purpose, easy to apply and to enforce and implemented in an effective and consistent manner throughout the Union.
Amendment 24 #
Proposal for a regulation
Recital 2
Recital 2
(2) Having evaluated the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council9 , certain deficiencies were identified in the existing legal framework. Unclear and unsuitable rules on weekly rest, resting facilities, breaks in multi-manning and the absence of rules on the return of drivers to their home or at another private location chosen by the driver, lead to diverging interpretations and enforcement practices or abuses by enforcement authorities in the Member States. Several Member States recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators. __________________ 9 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).
Amendment 25 #
Proposal for a regulation
Recital 3
Recital 3
(3) The ex-post evaluation of Regulation (EC) No 561/2006 confirmed that inconsistent and ineffective enforcement of the Union social rules was mainly due to unclear rules, inefficient and unequal use of the control tools and insufficient administrative cooperation between the Member States.
Amendment 27 #
Proposal for a regulation
Recital 4
Recital 4
(4) Clear, suitable and evenly enforced rules are also crucial for achieving the policy objectives of improving working conditions for drivers, and in particular ensuring undistorted and fair competition between operators and contributing to road safety for all road users.
Amendment 43 #
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 therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate and gender friendly accommodation for their regular weekly rest periods if they are taken away from home.
Amendment 46 #
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. More efforts are encouraged in order to create or upgrade secure parking areas, adequate sanitary facilities and adequate accommodation.
Amendment 46 #
Proposal for a regulation
Recital 1
Recital 1
(1) Good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe, efficient and socially accountable road transport sector. To facilitate that process it is essential that the Union social rules in road transport are clear, proportionate, fit for purpose, easy to apply and to enforce and implemented in an effective and consistent manner throughout the Union.
Amendment 49 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure uniform conditions for the implementation of Regulation (EC) No 561/2006 implementing powers should be conferred on the Commission in order to clarify any of the provisions of that Regulation and to establish common approaches on their application and enforcement. Those powers should be exercised in accordance with Regulation (EU) No 182/201110 by a European road transport authority. __________________ 10 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 51 #
Proposal for a regulation
Recital 2
Recital 2
(2) Having evaluated the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council9 , certain deficiencies were identified in the existing legal framework. Unclear and unsuitable rules on weekly rest, resting facilities, breaks in multi-manning and the absence of rules on the return of drivers to their home or to another location chosen by the driver, lead to diverging interpretations and enforcement practices or abusive behaviour by enforcement authorities in the Member States. Several Member States recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators. _________________ 9 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).
Amendment 53 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In order to improve road safety and the working conditions of drivers, the scope of Regulation (EC) No 561/2006 should include the use of vehicles for the transport of goods with a permissible mass of less than 3,5 tonnes and operating outside a radius of 400 kilometres of the base of the undertaking.
Amendment 65 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) The installation of the digital tachograph in registered vehicles will contribute to a better monitoring of the application of the EU legislation in the road transport sector, will simplify controls or even reduce unnecessary controls, as well as shorten the time spent during controls. The installation of the digital tachograph in registered vehicles shall be foreseen as mandatory by the end of 2021.
Amendment 85 #
Proposal for a regulation
Recital 6
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home or a destination of their choosing for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long.
Amendment 86 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 561/2006
Article 3 – point h a (new)
Article 3 – point h a (new)
Amendment 112 #
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 desirableimperious 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. More efforts are required at national and EU level to create or upgrade secure parking areas, adequate sanitary facilities and adequate accommodation, particularly along the routes with high volumes of traffic.
Amendment 114 #
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
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) twoone regular weekly rest periods of at least 45 hours and twohree reduced weekly rest periods of at least 24 hours.
Amendment 131 #
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 – introductory part
Article 8 – paragraph 8 a – introductory part
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle. They shall be taken in a suitable and gender friendly accommodation, with adequate sleeping and sanitary facilities;
Amendment 134 #
Proposal for a regulation
Recital 11
Recital 11
(11) To enhance cost-effectiveness ofimprove the enforcement of the social rules, as well as to simplify and shorten controls, the potential of the current and future tachograph systems should be fully exploited. Therefore the functionalities of the tachograph should be improved to allow for more precise positioning, in particular during international transport operations. The installation of the smart tachograph in newly registered vehicles should be mandatory as of the beginning of 2024.
Amendment 145 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) It is necessary for the Commission to launch a cost-benefit analysis that would consider the impact of the introduction of tachograph on road transport companies.
Amendment 146 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) In order to improve road safety and working conditions, but also to ensure a level playing field in the European transport market, the scope of Regulation (EC) No 561/2006 should include the use of vehicles for the transport of goods with a permissible mass of less than 3,5 tonnes and operating outside a radius of 400 kilometres of the base of the undertaking.
Amendment 150 #
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 home or at another private location chosen by the driver within each period of three consecutive weeks.
Amendment 179 #
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
Article 34 – paragraph 7
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 suitablefirst planned 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.
Amendment 265 #
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
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) twoone regular weekly rest periods of at least 45 hours and twohree reduced weekly rest periods of at least 24 hours.
Amendment 329 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
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 in a vehicle. They shall be taken in a suitable accommodation, with adequate sleep only when the cabin is equipped with suitable gender-friendly facilities and the truck is parked ing and sanitary facilities; nearby secured parking space.
Amendment 358 #
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 home or at another location chosen by the driver within each period of three consecutive weeks.;
Amendment 377 #
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)