22 Amendments of Joachim SCHUSTER related to 2017/0121(COD)
Amendment 172 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Amendment 195 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer ransit or international transport operations are combined with cabotage operations withain 3 days,one Member States shall apply, points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC shall apply for the entire period of posting to their territory during the period of one calendar month referred to in the first subparagraph.
Amendment 214 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 247 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. In order to guarantee an effective implementation and control of this Directive, Directive 96/71/EC and of Directive 2014/67/EU Member States may onlyin particular impose the following administrative requirements and control measures:
Amendment 253 #
Proposal for a directive
Article 2 – paragraph 4 – point a
Article 2 – paragraph 4 – point a
(a) For each posted driver and each posting, 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 atprior to the commencement of the posting, in electronic forma standardised electronic form developed and made available by the Commission, at the latest two years after the publication of the Directive, in an official language of the host Member State or in English, containing onlyat least the following information:
Amendment 265 #
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 drivinformation about the posted drivers including at least the following: the identity, the country of residence, the country where the employment contract is based, the country of payment of social contributions and the social security numbers;
Amendment 285 #
Proposal for a directive
Article 2 – paragraph 4 – point b
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make available, where requested at the roadside control, in paroad transport oper ator electronic form, a copy of the posting declaration and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 ofto provide the driver with the following documents for the Epuropean Parliament and of the Council.pose of road side checks:
Amendment 290 #
Proposal for a directive
Article 2 – paragraph 4 – point b – point i (new)
Article 2 – paragraph 4 – point b – point i (new)
i) a copy of the posting declaration in paper or electronic form;
Amendment 292 #
Proposal for a directive
Article 2 – paragraph 4 – point b – point ii (new)
Article 2 – paragraph 4 – point b – point ii (new)
ii) evidence of the transport operation taking place in the host Member State as referred in the legal act amending Regulation (EC) No 1072/2009 of the European Parliament and the Council;
Amendment 294 #
Proposal for a directive
Article 2 – paragraph 4 – point b – point iii (new)
Article 2 – paragraph 4 – point b – point iii (new)
iii) the electronic CMR;
Amendment 296 #
Proposal for a directive
Article 2 – paragraph 4 – point b – point iv (new)
Article 2 – paragraph 4 – point b – point iv (new)
iv) a copy of the employment contract in (one of) the official languages of the host Member State, or in English;
Amendment 298 #
Proposal for a directive
Article 2 – paragraph 4 – point b – point v (new)
Article 2 – paragraph 4 – point b – point v (new)
v) a copy of the pay slips for the past two months, in paper or electronic form;
Amendment 300 #
Proposal for a directive
Article 2 – paragraph 4 – point c
Article 2 – paragraph 4 – point c
Amendment 302 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 313 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 325 #
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 of the authorities of the host Member State within a reasonable period of time5 days from the request;
Amendment 342 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5
5. For the purposes of point (a) of paragraph 4 the road transport operator may provide a posting declaration covering a perEvidence referred to in Article 2 paragraph 4 (a) (b) and (c) shall be kept on the vehicle and presented to the authorised inspecting officers of the Member State hosting the posted worker within the duratiodn of a maximum of six monthsthe roadside check.
Amendment 348 #
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. The smart tachograph, whose data will indicate the location of drivers over the span of a 56-day period shall be introduced on all vehicles engaged in international transport and cabotage by 31 December 2021, at the latest.
Amendment 349 #
Proposal for a directive
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5b. To prove that the provisions of Directive 96/71/EC and Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of workers are met, the competent authorities of the host Member State shall verify the following in case of roadside checks: a. the tachograph data of the current day and that of the past 56 days; b. the electronic consignment notes of the current day and the past 56 days; c. the documents referred to in Article 2 paragraph 4 (a) (b) and (f);
Amendment 352 #
Proposal for a directive
Article 2 – paragraph 5 c (new)
Article 2 – paragraph 5 c (new)
5c. The roadside check authorities shall transmit all information referred to in paragraph 7 (a) (b) and (c) to the competent authorities of the host Member State, for an assessment of compliance with the legal acts referred to in Article 5.
Amendment 353 #
Proposal for a directive
Article 2 – paragraph 5 d (new)
Article 2 – paragraph 5 d (new)
5d. The competent authorities in the Member States shall cooperate closely and provide each other with mutual assistance and all relevant information, within the conditions laid down in Directive 2014/67/EU and in Regulation (EC) No1071/2009.
Amendment 354 #
Proposal for a directive
Article 2 – paragraph 5 e (new)
Article 2 – paragraph 5 e (new)
5e. For the purpose to increase the effectiveness of cross-border enforcement and of targeted checks, the Member States shall provide all relevant authorities real time access to the Internal Market Information System (IMI), established by Regulation (EU) No 1024/2012 to the national electronic registers established by Regulation(EC) No 1071/2009, to posting declaration and to any other relevant databases.