18 Amendments of Nicola CAPUTO related to 2017/0121(COD)
Amendment 51 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) In order to ensure that control measures for the posting of drivers in the road transport sector are correctly applied as defined by Directives 96/71/EC and 2014/67/EU, controls and cooperation at Union level to tackle fraud relating to the posting of drivers should be strengthened and stricter checks should be carried out; bearing in mind that the transport sector is one of the most vulnerable sectors, and that working conditions should be significantly improved in order to increase the attractiveness of the profession, there is a need to ensure that social contributions for posted drivers are actually paid and that social protection is respected.
Amendment 141 #
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 workersexisting Directive 96/71/EC in all activities of road transport sector 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 tachographand the smart tachographs, which have to be installed in all vehicles used in international transport on a mandatory basis, no later than the 2nd of January 2020.
Amendment 164 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point -a (new)
Article 1 – paragraph 1 – point 3 – point -a (new)
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
-a In Article 2 (1), the first subparagraph is replaced by the following: Member States shall organise a system of appropriate and regular checks on correct and consistent implementation, as referred to in Article 1, both at the roadside and at premises of undertakings of all transport categories. Member States shall organise roadside checks of the implementation of Directive 2002/15 /EC only once the technology to enable those checks to be effective has been introduced.
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c a (new)
Article 1 – paragraph 1 – point 3 – point c a (new)
Directive 2006/22/EC
Article 5
Article 5
"Article 5 is replaced by the following: Article 5 Concerted checks Member States shall, at least six times per year, undertake concerted roadside checks on drivers and vehicles falling within the scope of Regulations (EEC) No 3820/85 and561/2006 or (EEC) No 3821/85165/2014. Such checks shall be undertaken at the same time by the enforcement authorities of two or more Member States, each operating in its own territory. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006L0022&from=EN)
Amendment 195 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2006/22/EC
Article 8 – paragraph 1 – point (b)
Article 8 – paragraph 1 – point (b)
Amendment 198 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a a (new)
Article 1 – paragraph 1 – point 6 – point a a (new)
Directive 2006/22/EC
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
(aa) in paragraph 1, the introductory part is replaced by the following: "1. Information made available bilaterally under Article 17(322(2) of Regulation (EEC) No 3820/85561/2006 or Article 19(3)40 of Regulation (EECU) No 3821/85165/2014 shall be exchanged between the designated bodies notified to the Commission in accordance with Article 7(2): " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006L0022&from=EN)
Amendment 205 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 1
Article 8 – paragraph 1 a – subparagraph 1
Member State shall submit the information requested by other Member States pursuant to paragraph 1(b) of this Article within 2510 working days from the receipt of the request in cases requiring in-depth examination or involving checks at premises of the undertakings concerned. A shorter time limit may be mutually agreed between the Member States. In urgent cases or cases requiring simple consultation of registers, such as of a risk rating system, the requested information shall be submitted within three working days.
Amendment 210 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 2
Article 8 – paragraph 1 a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within 10five working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 3
Article 8 – paragraph 1 a – subparagraph 3
Where it is difficult or impossible to comply with a request for information or to carry out checks, inspections or investigations, the Member State in question shall inform the requesting Member State accordingly within 10five working days, giving reasons. The Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised.
Amendment 223 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b a (new)
Article 1 – paragraph 1 – point 7 – point b a (new)
Directive 2006/22/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
(ba) paragraph 3 is replaced by the following: "3. An initial list of infringements of Regulation (EEC) No 3820/85561/2006 and (EECU) No 3821/85165/2014 is set out in Annex III. With a view to giving guidelines on the weighting of infringements of Regulations (EEC) No 3820/85 and561/2006 or (EECU) No 3821/85165/2014, the Commission may, as appropriate, in accordance with the procedure referred to in Article 12(2), adapt Annex III with a view to establishing guidelines on a common range of infringements, divided into categories according to their gravity. The category for the most serious infringements should include those where failure to comply with the relevant provisions of Regulations (EEC) No 3820/85 and561/2006 or (EECU) No 3821/85165/2014 create a serious risk of death or serious personal injury. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006L0022&from=EN)
Amendment 236 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Directive 2006/22/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
"3. An electronic and printable form shall be drawn up by the Commission in accordance with the procedure referred to in Article 12(2), to be used when a driver has been on sick leave or on annual leave, or when the driver has driven another vehicle exempted from the scope of Regulation (EEC) No 3820/85,561/2006 during the period mentioned in the first indent of the first subparagraph of Article 15(726(6) of Regulation (EECU) No 3821/85. 165/2014." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006L0022&from=EN)
Amendment 254 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. The smart tachograph, whose data have to indicate the exact positioning of the drivers and in particular when the drivers cross the borders over the span of a 56-day period, shall be introduced on all vehicles engaged in international transport and cabotage no later than the 2nd of January 2020;
Amendment 282 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall notalways 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 1072/2009 and 1073/2009 even where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar monthequal to a single day.
Amendment 301 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 339 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 547 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. The obligation to keep documents on board shall be relaxed provided that an effective European electronic register is set up.
Amendment 563 #
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. To safeguard that the provisions of Directive 96/71/EC as amended by ... [2016/0070 (COD)], as well as the provisions of Directive 2014/67/EU are met, during roadside checks the competent authorities of the Member State of the posting shall verify the following: (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 of the past 56 days; (c) the documents referred to in Article 9.1 (a) (b) and (c).
Amendment 576 #
Proposal for a directive
Article 2 b (new)
Article 2 b (new)
Directive 2014/67/EU
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c