17 Amendments of Karoline GRASWANDER-HAINZ related to 2017/0290(COD)
Amendment 64 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Additionally, in order to guarantee the social protection of drivers and to ensure the well-functioning of the internal market, with fair and equal competition between Member States and operators, the provisions concerning the road leg of combined transport should be coordinated with the provisions concerning cabotage under Regulation (EC) No 1071/2009 1a and Regulation (EC) 1072/2009 1b, as well as with those under Directive 96/71/EC 1c on posting of drivers. _________________ 1aRegulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC, (OJ L300, 14.11.2009, p. 51). 1bRegulation (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 L300, 14.11.2009, p. 72). 1cDirective 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, 21.1.1997, p. 1).
Amendment 74 #
Proposal for a directive
Recital 9
Recital 9
(9) In the current definition of combined transport, the minimum distance of 100 km for the non-road leg of a combined transport operation ensures that most combined transport operations are covered. Rail and short sea shipping legs run over large distances to be competitive with road-only transport. That minimum distance also ensures exclusion from the scope of specific operations such as short ferry crossings or deep sea transport which would occur anyway. However, with such limitations, a number of inland waterways operations around portsthe liberalisation of the initial and fin and around agglomerations, which contribute greatly to decongesting the road networks in sea ports and in the immediate hinterland and to reducing environmental burdens in agglomerations, are not considered for the purposes of combined transport operations. It would therefore be useful to remove that minimum distance while maintaining the exclusion of certain operations such asal sections of a combined transport operation should be extended to combined transport operations using more energy- efficient and lower emission transport modes such as inland waterways, maritime and rail provided that thoese including deep sea shipments or short-distance ferry crossingsenvironmentally friendly journeys represents an important part of the combined transport operation.
Amendment 77 #
Proposal for a directive
Recital 11
Recital 11
(11) The outdated usage of stamps in proving that a combined transport operation has occurred prevent the effective enforcement or the verification of eligibility for the measures provided for in Directive 92/106/EEC. The evidence necessary to prove that a combined transport operation is taking place should be clarified as well as the means by which such evidence is provided. TWith a view to encourage digitalisation, the use and transmission of electronic transport information, which should simplify the provision of relevant evidence and its treatment by the relevant authorities, should be encouraged. The format used should be reliable and authentic. The regulatory framework and initiatives simplifying administrative procedures and the digitalisation of transport aspects, should take into consideration developments at Union level.
Amendment 97 #
Proposal for a directive
Recital 17
Recital 17
(17) Support measures should also be reviewed on a regular basis by the Members States to ensure their effectiveness and efficiency, and the overall impact on the European transport sector, as reflected in the European Strategy for Low Emission Mobility.
Amendment 107 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 92/106/EEC
Article 1 – paragraph 2
Article 1 – paragraph 2
For the purposes of this Directive, ‘combined transport’ means carriage of goods by a transport operation, consisting of an initial or final road leg of the journey, or both, as well as a non-road leg of the journey using rail, inland waterway or maritime transport: where this section exceeds 100 km as the crow flies;
Amendment 121 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 1
Article 1 – paragraph 3 – subparagraph 1
Each road leg referred to in paragraph 2 shall not exceed the longest of the following distanc150 km in distance as the crow flies in the territory of the Union:
Amendment 138 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 92/106/EEC
Article 1 – paragraph 3 – point b
Article 1 – paragraph 3 – point b
Amendment 143 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 2
Article 1 – paragraph 3 – subparagraph 2
That road leg distance limit shall apply to the total length of each road leg, including all intermediary pick-ups and deliveries. It shall not apply to the transport of an empty load unit or to the pick-up point of the goods or from the delivery point of the goods.
Amendment 146 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 92/106/EEC
Article 1 – paragraph 3 – subparagraph 2 a (new)
Article 1 – paragraph 3 – subparagraph 2 a (new)
If a Member State is transited by a road leg of a combined transport operation, that Member State may decide not to apply the support measures provided by this Directive, including weight advantages foreseen in Directive 96/53/EEC 1a for combined transport. _________________ 1a Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic, (OJ L 235, 17.9.1996, p. 59–75).
Amendment 159 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 92/106/EEC
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that road transport is considered forming part of a combined transport operation covered by this Directive only if the carrier can produce clear evidence that such road transport constitutes a road leg of a combined transport operation, including the transport of empty load units before and after the transport of goods.
Amendment 166 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 92/106/EEC
Article 3 – paragraph 2 – point aa (new)
Article 3 – paragraph 2 – point aa (new)
(aa) the name, address and signature of the haulier of road transport legs;
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 92/106/EEC
Article 3 – paragraph 2 – point f – point ii
Article 3 – paragraph 2 – point f – point ii
- (ii) name, address and contact details of the respective carrier;
Amendment 180 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 92/106/EEC
Article 3 – paragraph 2 – point g a (new)
Article 3 – paragraph 2 – point g a (new)
(ga) the gross mass of the goods or their quantity otherwise expressed;
Amendment 202 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 92/106/EEC
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The evidence referred to in paragraph 1 shall be presented or transmitted upon the request of the authorised inspecting officer of the Member State where the check is carried out. In case of road side checks, it shall be presented within the duration of such check. The evidence needs to be created before the start of the transport operation. It shall be in an official language of that Member State or in English. During a roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may support him in providing the evidence referred to paragraph 2.
Amendment 210 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 92/106/EEC
Article 3 – paragraph 6
Article 3 – paragraph 6
Amendment 212 #
Proposal for a directive
Article premier – paragraph 1 – point 3 a (new)
Article premier – paragraph 1 – point 3 a (new)
Directive 92/106/EEC
Article 4
Article 4
(3a) Article 4 is replaced by the following: "All hauliers established in a Member State who meet the conditions of access to the occupation according to Regulation (EC) No 1071/2009 and access to the market for transport of goods between Member States according to Regulation (EC) No 1072/2009 shall have the right to carry out, in the context of a combined transport operation between Member States, initial and/or final road haulage legs which form an integral part of the combined transport operation and which may or may not include the crossing of a frontier. content/EN/TXT/?qid=1520602658954&uri=CELEX:01992L0106-20130701), provided the points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC relating to the posting of drivers and Chapter III of Regulation (EC) No 1072/2009 on Cabotage are applied"." Or. fr (http://eur-lex.europa.eu/legal-
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 92/106/EEC
Article 4 a (new)
Article 4 a (new)
(3a) The following Article is inserted: "Article 4a Member States shall apply Directive 96/71/EC for the entire period of posting on their territory of drivers employed by road transport undertakings and which are carrying a road leg that is part of a combined transport operation.";