44 Amendments of Rosa D'AMATO related to 2017/0121(COD)
Amendment 68 #
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 whichTo that end, the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case ofould be applied to both international transport operations. This time threshold should not apply toand cabotage operations, as defined by Regulations (EC) No 1072/200918 and (EC) No 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 dura, irrespective of the frequency and duration of the operations carried out by a driver. Where operations are conducted in more than one Member State on the same day, the conditions of the operations carried out by a driverMember State most favourable for the driver should apply. __________________ 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 Regulation (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)
Amendment 91 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digitalInternal Market Information System (IMI), the GNSS portal for road transport and the smart tachograph.
Amendment 97 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to ensure uniform conditions for the implementation of Regulation (EU) No 165/2014 and to draw up a standard payslip for posted drivers, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 99 #
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13b) In order to ensure full compliance with social legislation and pending the establishment of the European Labour Authority, the competent control authorities should have access to and verify all data transmitted through the IMI and the GNSS portal.
Amendment 110 #
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-limit should be established, beyond whichFor this purpose, the minimum rate of pay and the minimum annual paid holidays of the host Member State shallould apply in case ofto international transport operations. This time threshold should not apply to and cabotage operations as defined by Regulations (EC) No 1072/200918 and (EC) No 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 dura, irrespective of the frequency and duration of the operations carried out by a driver. Where operations are conducted in more than one Member State on the same day, the conditions of the operations carried out by a driverMember State most favourable for the driver should apply. _________________ 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 Regulation (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)
Amendment 138 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachographInternal Market Information System (IMI), the GNSS portal for road transport, the smart tachograph and digital driver identification systems. Suitable incentive schemes should be introduced to facilitate the development of these digital technologies.
Amendment 149 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to ensure uniform conditions for the implementation of Regulation (EU) No 165/2014 and to draw up a standard payslip for posted drivers, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 152 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Amendment 157 #
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13b) In order to ensure full compliance with social legislation and pending the establishment of the European Labour Authority, the competent control authorities should have access to and verify all data transmitted through the IMI and the GNSS portal.
Amendment 162 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Amendment 189 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 206 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Member States shall not apply the provisions of Directive 96/71/EC or Directive 2014/67/EU to transit times less than or equal to two consecutive days within the same Member State.
Amendment 212 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 238 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. Member States shall apply the provisions of Directive 96/71/EC and Directive 2014/67/EU to international transport and cabotage operations as defined by Regulations (EC) No 1072/2009 and (EC) No 1073/2009.
Amendment 242 #
Proposal for a directive
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3b. For the purposes of Article 3(1), first subparagraph, points (b) and (c) of Directive 96/71/EC, where operations are conducted in more than one Member State on the same day, the conditions of the Member State most favourable for the driver shall apply.
Amendment 251 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. Member States may onlyshall impose the following administrative requirements and control measures:
Amendment 252 #
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 and any updates thereto to the national competent authorities at the latest at the commencement of the posting, in electronic form. The road transport operator shall be required to send and/or update that declaration in electronic form via the Internal Market Information System (IMI), established by Regulation (EU) No 1024/2012, in an official language of the host Member State or in EnglishEuropean Union, containing only the following information:
Amendment 252 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Member States shall ensure that transporters use smart tachographs, in line with Article 8 of Regulation (EU) No 165/2014, in vehicles used for international transport or cabotage as defined by Regulations (EC) No 1072/2009 and (EC) No 1073/2009. These smart tachographs shall transmit all data in real time to the portal referred to in Regulation (EU) No 165/2014, which shall at all times be available for consultation by the control authorities.
Amendment 261 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Amendment 267 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iii
Article 2 – paragraph 4 – point a – point iii
(iii) the anticipated number and the identities of posted drivers and the documents proving that they are employed by the road transport operator;
Amendment 268 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iii a (new)
Article 2 – paragraph 4 – point a – point iii a (new)
(iiia) information regarding driving licences held by posted workers;
Amendment 280 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi a (new)
Article 2 – paragraph 4 – point a – point vi a (new)
(via) the identity and address of the consignee;
Amendment 292 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 a (new)
Article 2 – paragraph 2 – subparagraph 1 a (new)
Member States shall not apply the provisions of Directive 96/71/EC or Directive 2014/67/EU to transit times less than or equal to two consecutive days within the same Member State.
Amendment 305 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 310 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 321 #
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e), at the request ofc) within one month of being asked to do so by the authorities of the host Member State within a reasonable period of time;
Amendment 328 #
Proposal for a directive
Article 2 – paragraph 4 – point f a (new)
Article 2 – paragraph 4 – point f a (new)
(fa) an obligation for the road transport operator to send a copy of the payslip for the month of posting within two months from the end of the posting. This documentation shall be provided in electronic form via the Internal Market Information System (IMI) introduced under Regulation (EU) No 1024/2012, in one of the official languages of the European Union.
Amendment 331 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. For the purposes of paragraph 4(fa), the Commission shall, by means of implementing acts, draw up a standard payslip for posted drivers. The payslip should contain at least the following information: (a) The number of hours worked by the driver in a given month, broken down by Member State; (b) Minimum hourly or daily pay for each Member State in which the driver has worked in a given month. These implementing acts shall be adopted in accordance with the examination procedure under Article 2a(2). The use of this standard payslip shall be without prejudice to national rules governing payslips.
Amendment 332 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 337 #
Proposal for a directive
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
4b. The control authorities shall verify whether the data sent via the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012, matches the data transmitted by the smart tachographs to the portal referred to in Regulation (EU) No 165/2014.
Amendment 355 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Committee procedure 1. The Commission shall be assisted by a committee pursuant to Article 42(1) of Regulation (EU) No 165/2014. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, the provisions of Article 5 of Regulation (EU) No 182/2011 shall apply.
Amendment 390 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. Member States shall apply the provisions of Directive 96/71/EC and Directive 2014/67/EU to international transport and cabotage operations as defined by Regulations (EC) No 1072/2009 and (EC) No 1073/2009.
Amendment 393 #
Proposal for a directive
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3b. For the purposes of Article 3(1), first subparagraph, points (b) and (c) of Directive 96/71/EC, where operations are conducted in more than one Member State on the same day, the conditions of the Member State most favourable for the driver shall apply.
Amendment 406 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. Member States may onlyshall impose the following administrative requirements and control measures:
Amendment 409 #
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 and any updates thereto to the national competent authorities at the latest at the commencement of the posting, in electronic form. The road transport operator shall be required to send and/or update that declaration in electronic form via the Internal Market Information System (IMI), established by Regulation (EU) No 1024/2012, in an official language of the host Member State or in EnglishEuropean Union, containing only the following information:
Amendment 434 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iii
Article 2 – paragraph 4 – point a – point iii
(iii) the anticipated number and the identities of posted drivers and the documents proving that they are employed by the road transport operator;
Amendment 438 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iii a (new)
Article 2 – paragraph 4 – point a – point iii a (new)
(iiia) information regarding driving licences held by posted workers;
Amendment 441 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iii b (new)
Article 2 – paragraph 4 – point a – point iii b (new)
(iiib) the identity and address of the consignee;
Amendment 510 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 530 #
Proposal for a directive
Article 2 – paragraph 4 – point f
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e), at the request ofc) within one month of being asked to do so by the authorities of the host Member State within a reasonable period of time;
Amendment 537 #
Proposal for a directive
Article 2 – paragraph 4 – point f a (new)
Article 2 – paragraph 4 – point f a (new)
(fa) an obligation for the road transport operator to send a copy of the payslip for the month of posting within two months from the end of the posting. This documentation shall be provided in electronic form via the Internal Market Information System (IMI) introduced under Regulation (EU) No 1024/2012, in one of the official languages of the European Union;
Amendment 539 #
Proposal for a directive
Article 2 – paragraph 4 – point f b (new)
Article 2 – paragraph 4 – point f b (new)
Amendment 540 #
Proposal for a directive
Article 2 – paragraph 4 – point f c (new)
Article 2 – paragraph 4 – point f c (new)
(fc) The control authorities shall verify whether the data sent via the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012, matches the data transmitted by the smart tachographs to the portal referred to in Regulation (EU) No 165/2014.
Amendment 570 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Committee procedure 1. The Commission shall be assisted by a committee pursuant to Article 42(1) of Regulation (EU) No 165/2014. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, the provisions of Article 5 of Regulation (EU) No 182/2011 shall apply.