13 Amendments of Georgi PIRINSKI related to 2017/0121(COD)
Amendment 32 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The road transport sector is highly competitive and characterized by a dimension of distortions generated by abusive forum shopping practices of undertakings in order to lower or avoid costs on wages and social security contributions or other social and working conditions which led to a race to the bottom competition in the past. A functioning internal market must be based on a level playing field. Therefore further steps are necessary to prevent abusive practices by road transport operators though forum shopping, including horizontal measures in European Company law to end regime shopping and regulatory arbitrage by road transport operators.
Amendment 51 #
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 undueallowed for the introduction by some Member States of measures in breach of Union law and led to illegal restrictions to the freedom to provide cross-border road transport services having negative side-effects on jobs. __________________ 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 128 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Directive 2006/22/EC
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
The Commission shall, by means of implementing acts, establish a common formula for calculating a risk rating of undertakings, which shall take into account the number, severity and frequency of occurrence of infringements as well as the results of controls where no infringement has been detected and whether a road transport undertaking has been using the smart tachograph, pursuant to Chapter II of Regulation (EU) No 165/2014, on all its vehicles used in international transport operations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this Directive.
Amendment 271 #
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 or cabotage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 daytwelve days in case of international carriage operations and seven days in case of cabotage operations during a period of one calendar month.;
Amendment 309 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 312 days for international transport and as of day 7 for cabotage, 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 321 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 – point a (new)
Article 2 – paragraph 2 – subparagraph 2 – point a (new)
(a) Notwithstanding Article 2(1) of Directive 96/71/EC, a driver shall not be considered to be posted to the territory of a Member State that the driver transits through without loading or unloading freight and without picking up or setting down passengers.
Amendment 345 #
Proposal for a directive
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. For the purposes of the calculation of the periods of posting referred to in paragraph 2, a day shall consist of 24 hours:
Amendment 352 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
Amendment 358 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by […] [The time limit for transposition will be as short as possible and, generally, will not exceed two years]2 years from the entry into force of this Directive at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 365 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
Amendment 383 #
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) breaks and rest periods, except weekly rest, as well as periods of availability spent in the territory of a host Member State shall be considered as working period.
Amendment 395 #
Amendment 550 #
Proposal for a directive
Article 2 – paragraph 5
Article 2 – paragraph 5