Activities of Saïd EL KHADRAOUI related to 2008/0195(COD)
Plenary speeches (1)
The organisation of the working time of persons performing mobile road transport activities (debate)
Amendments (25)
Amendment 22 #
Proposal for a directive
Recital 7
Recital 7
(7) In the light of the Commission report and the impact assessment, sSelf-employed drivers should be exincluded fromin the scope of Directive 2002/15/EC.
Amendment 26 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) With a view to keeping the administrative burden in connection with this Directive to a minimum and in order to adapt enforcement to technological progress, it is desirable to make use of various ITS applications.
Amendment 27 #
Proposal for a directive
Recital 12 c (new)
Recital 12 c (new)
(12c) In order to further improve road safety, consideration should be given as to whether social legislation, in particular Regulation (EC) No 561/2006, should apply to all road transport situations, namely including vehicles under 3.5 tonnes used for business purposes.
Amendment 28 #
Proposal for a directive
Recital 12 d (new)
Recital 12 d (new)
(12d) In order to avoid imposing unnecessary administrative burdens on self-employed drivers it is deemed appropriate for self-employed drivers to limit their recording obligation to records made with the use of a tachograph.
Amendment 29 #
Proposal for a directive
Recital 12 e (new)
Recital 12 e (new)
(12e) Not complying with the definitions in Article 3(d) and Article 3(e) of this Directive, should be considered as a most serious infringement according to the provisions set out in Regulation (EC) No 1071/2009.
Amendment 32 #
Proposal for a directive
Article 1 - point 2 - point a
Article 1 - point 2 - point a
Directive 2002/15/EC
Article 3 – point a - subparagraph 2
Article 3 – point a - subparagraph 2
(a) point (a) 2, first sentence is deletedamended as follows:. 2. in the case of self-employed drivers, the same definition shall apply to the time from the beginning to the end of work – including a fixed period of working time calculated for points (iv) and (v) taken together – during which the self-employed driver is at his workstation, at the disposal of the client and exercising his functions or activities other than general administrative work that is not directly linked to the specific transport operation under way.
Amendment 36 #
Proposal for a directive
Article 1 - point 5 a (new)
Article 1 - point 5 a (new)
Directive 2002/15/EC
Article 9 – point b
Article 9 – point b
(5a) Article 9 paragraph b) is amended as follows: (b) without prejudice to Article 2(1), the working time of mobile workers shall be recorded. Records shall be kept for at least two years after the end of the period covered. Employers shall be responsible for recording the working time of mobile workers. Employers shall upon request provide mobile workers with copies of the records of hours worked.
Amendment 37 #
Proposal for a directive
Article 1 - point 5 b (new)
Article 1 - point 5 b (new)
Directive 2002/15/EC
Article 9 – point c (new)
Article 9 – point c (new)
(5b) The following paragraph c) is inserted in Article 9: (c) the working time of self-employed drivers shall be recorded in accordance with the provisions of Articles 14(2) and 15(3) of Regulation (EEC) No 3821/85.
Amendment 38 #
Proposal for a directive
Article 1 - point 5 c (new)
Article 1 - point 5 c (new)
Directive 2002/15/EC
Article 10 a (new)
Article 10 a (new)
(5c) The following article 10a is inserted: Article 10a: Liability of transport undertakings Undertakings, consignors, freight forwarders, tour operators, principal contractors, subcontractors and driver employment agencies shall ensure that persons performing mobile road transport activities fully respect the provisions of this Directive.
Amendment 49 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) With a view to improving the exchange of data, a European information exchange system should be developed. This could lead to the possibility in future of roadside controls on working time also being carried out in another Member State.
Amendment 50 #
Proposal for a directive
Recital 12 b (new)
Recital 12 b (new)
(12b) In order to further improve road safety, it needs to be considered whether social legislation, in particular Regulation (EC) No 561/2006, should apply to all road transport situations, namely including vehicles under 3.5 tonnes used for business purposes.
Amendment 51 #
Proposal for a directive
Recital 12 c (new)
Recital 12 c (new)
(12c) In order to avoid imposing unnecessary administrative burden on self-employed drivers it is deemed appropriate for self-employed drivers to limit their recording obligation to records made with use of a tachograph.
Amendment 52 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty in respect of the frequency and modalities of the monitoring and control of working time.
Amendment 59 #
Proposal for a directive
Article 1 – point 1 – subpoint a
Article 1 – point 1 – subpoint a
Directive 2002/15/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 61 #
Proposal for a directive
Article 1 – point 1 – subpoint b
Article 1 – point 1 – subpoint b
Directive 2002/15/EC
Article 2 – paragraphs 2 and 3
Article 2 – paragraphs 2 and 3
Amendment 62 #
Proposal for a directive
Article 1 – point 1 – subpoint c
Article 1 – point 1 – subpoint c
Directive 2002/15/EC
Article 2 – paragraph 4
Article 2 – paragraph 4
Amendment 64 #
Proposal for a directive
Article 1 – point 2 – subpoint a
Article 1 – point 2 – subpoint a
Directive 2002/15/EC
Article 3 – point a – paragraph 2
Article 3 – point a – paragraph 2
a) point (a) 2, first sentence is deleted. amended as follows:. "in the case of self-employed drivers, the same definition shall apply to the time from the beginning to the end of work – including a fixed period of working time calculated for points iv and v taken together – during which the self- employed driver is at his workstation, at the disposal of the client and exercising his functions or activities other than general administrative work that is not directly linked to the specific transport operation underway".
Amendment 79 #
Proposal for a directive
Article 1 – point 2 – subpoint d
Article 1 – point 2 – subpoint d
Directive 2002/15/EC
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 89 #
Proposal for a directive
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive2002/15/EC
Article 4 – point b a (new)
Article 4 – point b a (new)
3a) The following point (ba) is inserted in Article 4: the fixed period of working time referred to in Article 3 (a) (2) shall be one hour per week.
Amendment 94 #
Proposal for a directive
Article 1 – point 5 a (new)
Article 1 – point 5 a (new)
Directive2002/15/EC
Article 9 – point b
Article 9 – point b
(5a) Article 9 point b) is amended as follows: b) without prejudice to Article 2(1), the working time of mobile workers is recorded. Records shall be kept for at least two years after the end of the period covered. Employers shall be responsible for recording the working time of mobile workers. Employers shall upon request provide mobile workers with copies of the records of hours worked.
Amendment 103 #
Proposal for a directive
Article 1 – point 6 – point 1 a (new)
Article 1 – point 6 – point 1 a (new)
Directive 2002/15/EC
Article 11 a (new) – paragraph 1 a (new)
Article 11 a (new) – paragraph 1 a (new)
1a. The Commission shall be given the power to adopt delegated acts in accordance with Article 290 TFEU as regards the frequency and modalities of the monitoring and controls referred to in paragraph 1.
Amendment 104 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2002/15/EC
Article 11 a – paragraph 2
Article 11 a – paragraph 2
2. Member States shall communicate to the Commission detaildraw up statistics ofn the mconitoring and controls arrangements set uptrols referred to in paragraph 1 and report to the Commission on these statistics every two years.
Amendment 110 #
Proposal for a directive
Article 1 – point 6 c (new)
Article 1 – point 6 c (new)
Directive 2002/15/EC
Article 12 b (new)
Article 12 b (new)
(6c) The following Article 12b is inserted Article 12b Exercise of delegation 1. The power to adopt the delegated acts referred to in Article 11(1a) shall be conferred on the Commission for a period of 6 years following the entry into force of this Directive. The Commission shall make a report in respect of the delegated powers at the latest six months before the end of the six-year period, accompanied, where relevant, by a legislative proposal to extend the duration of the delegation of powers. 2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 3. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 12c and 12d.
Amendment 111 #
Proposal for a directive
Article 1 – point 6 d (new)
Article 1 – point 6 d (new)
Directive 2002/15/EC
Article 12 c (new)
Article 12 c (new)
(6d) The following Article 12c is inserted: Article 12c Revocation of the delegation 1. The delegation of power referred to in Article 11(1a) may be revoked by the European Parliament or by the Council. 2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission, stating the delegated powers which could be subject to revocation. 3. The decision of revocation shall state the reasons for the revocation and shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.
Amendment 112 #
Proposal for a directive
Article 1 – point 6 e (new)
Article 1 – point 6 e (new)
Directive 2002/15/EC
Article 12 d (new)
Article 12 d (new)
(6e) The following Article 12d is inserted: Article 12d Objections to delegated acts 1. The European Parliament or the Council may object to a delegated act within a period of three months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month. 2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal and shall enter into force at the date stated therein. 3. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.