48 Amendments of Ole CHRISTENSEN related to 2017/0121(COD)
Amendment 24 #
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment, and freedom to provide services are fundamental principles of the internal market in the Union; they are enshrined in the Treaty on the Functioning of the European Union (TFEU) and are essential to a properly functioning internal market. The implementation and enforcement of those principles is further developed by the Union, aimed at guaranteeing a level playing field for businesses, combating the circumvention of rules, respecting workers’ rights, improving working conditions, and enhancing social cohesion among Member States. In order to create a safe, efficient and socially responsible road transport sector, it is therefore necessary to ensure adequateequal pay for equal work at the same place, decent working conditions and social protection for drivers, on the one hand, and suitable business and fair competition conditions for operators, on the other.
Amendment 41 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to ensure that Directive 96/71/EC relating to the posting of drivers in the road transport sector and Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of those drivers are correctly applied, controls and cooperation at Union level to combat fraud relating to the posting of drivers should be strengthened, and stricter checks should be carried out to ensure that social contributions for posted drivers are actually paid.
Amendment 52 #
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 highnot only unnecessary administrative burdens for non-resident Union operators. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on joboperators but also a high degree of legal uncertainty for drivers. __________________ 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 54 #
Proposal for a directive
Recital 10
Recital 10
(10) The Commission, in its proposal of 8 March 201617 for the revision of Directive 96/71/EC, recognized that the implementation of that Directive in the highly mobile road transport sector, raises particular legal questions and difficulties in the highly mobile road transport sector and indicated that those issues should be best addressed through sector-specific road transport legislation. However, taking into account that the transport sector is one of the most vulnerable sectors, the protective minimum provisions of Directive 96/71/EC must be applied to all workers. __________________ 17 COM(2016)128
Amendment 57 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Given the fact that there is a lack of drivers in the Union, working conditions should be significantly improved in order to increase the attractiveness of the profession.
Amendment 58 #
Proposal for a directive
Recital 11
Recital 11
Amendment 69 #
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be establishCabotage operations as defined, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entiry Regulations 1072/200918 and 1073/200919 are service provisions which are covered by Directive 96/71/EC as the transport operation is entirely taking place in a hostnother Member State. As a consequence the minimum rate of payremuneration and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. __________________ 18 Regulation (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 L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)
Amendment 75 #
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a hostbetween the transport operation and the Member State. T wherefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. __________________ 18 Regulation (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 L 300, 14.11.2009, p. 72). 19Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88) the transport operator is registered. Therefore, it should be established that only international carriage operations beginning and ending in the Member State where the transport operator is registered should be exempt from the application points (b) and (c) in directive 96/71/EC. All other international carriage operations and cabotage operations as defined by Regulation 1072/200918 should be covered by points point (b) and (c) in directive 96/71/EC for the entire operation. __________________ 18 Regulation (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 L 300, 14.11.2009, p. 72).
Amendment 92 #
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 workersDirective 96/71/EC in the 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 tachograph, which has to be introduced on a mandatory basis by 2 January 2020, at the latest.
Amendment 105 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles of all transport categories falling within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
Amendment 115 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point -a (new)
Article 1 – paragraph 1 – point 6 – point -a (new)
Directive 2006/22/EC
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
(-a) in the first subparagraph of 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 (EEC) No 3821/85165/2014 shall be exchanged between the designated bodies notified to the Commission in accordance with Article 7(2):”
Amendment 116 #
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
(b) upon reasonedspecific request by a Member State in individual cases.
Amendment 122 #
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 submitprovide the information requested by other Member States pursuant to paragraph 1(b) of this Article within 25five 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 123 #
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 105 working days. The requesting Member State shall further substantiate the request and the Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. Where this is not possible, the request may be rejected by the requested Member State. In such a case, the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate.
Amendment 126 #
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
Amendment 127 #
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. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this Directive.
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
4. In order to facilitate targeted roadside checks, the data contained in the national risk rating system shall be accessible at the time of control to all the competent control authorities of the Member State concerned.s;
Amendment 131 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall make the information contained in the national risk rating system available upon request or directly accessible to all competent authorities of other Member States in accordance with the time limits set out in Article 8.;
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c a (new)
Article 1 – paragraph 1 – point 7 – point c a (new)
Directive 2006/22/EC
Article 9 – paragraph 5 a
Article 9 – paragraph 5 a
(ca) the following paragraph is added: 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 2 January 2020.
Amendment 133 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2006/22/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 151 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Article establishes specific rules as regards certain aspectsthe enforcement of Directive 96/71/EC relating to the posting of drivers in the road transport sector and of Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of those drivers.
Amendment 153 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. 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 the 2nd of January 2020, at the latest.
Amendment 163 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Amendment 164 #
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 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 days during a period of one calendar monthse are limited to operations that start from the Member State where the road transport operator is registered directly to another Member State followed by one unloading and/or one loading in that Member State within 48 hours and a straight return to the Member State where the road transport operator is registered, not including cabotage operations or any other type of operations in other Member States.
Amendment 187 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 193 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 3 daysinternational carriage operations are performed between Member States other than the Member State where the road transport operator is registered, 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 216 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 249 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. Member States may onlyin particular impose the following administrative requirements and control measures:
Amendment 254 #
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 266 #
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 identify, 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 284 #
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 of the European Parliament and of the Council.to provide the driver with the following documents for the purpose of road side checks:
Amendment 289 #
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 291 #
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 refereed in the legal act amending Regulation (EC) No1072/2009 of the European Parliament and the Council;
Amendment 293 #
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 295 #
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 297 #
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 299 #
Proposal for a directive
Article 2 – paragraph 4 – point c
Article 2 – paragraph 4 – point c
Amendment 305 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 314 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 327 #
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 timefive days of the request;
Amendment 334 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Evidence referred to in Article 2(4)(a), (b) and (f) shall be kept on the vehicle and presented to the authorised inspecting officers of the host Member State in the event of roadside checks.
Amendment 341 #
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 period of a maximum of six months.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 during roadside checks:
Amendment 344 #
Proposal for a directive
Article 2 – paragraph 5 – point a (new)
Article 2 – paragraph 5 – point a (new)
(a) the tachograph data of the current day and that of the past 56 days;
Amendment 345 #
Proposal for a directive
Article 2 – paragraph 5 – point b (new)
Article 2 – paragraph 5 – point b (new)
(b) the electronic consignment notes of the current day and the past 56 days;
Amendment 346 #
Proposal for a directive
Article 2 – paragraph 5 – point c (new)
Article 2 – paragraph 5 – point c (new)
(c) the documents referred to in Article 2, paragraph 4 (a) (b) and (f);
Amendment 347 #
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. The roadside check authorities shall transmit all information referred to in Article 2 paragraph 5 (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 paragraph 5.
Amendment 350 #
Proposal for a directive
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5b. 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) No 1071/2009.
Amendment 351 #
Proposal for a directive
Article 2 – paragraph 5 c (new)
Article 2 – paragraph 5 c (new)
5c. 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.