25 Amendments of Dariusz ROSATI related to 2017/0121(COD)
Amendment 125 #
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 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 timeinternational transport operations should not be subject to Directives 96/71/EC 2014/67/EU. A seven day 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 from day seven to cabotage irrespective of the frequency and duration of theof 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 134 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Due to the absence of a sufficient link of a driver with a territory of a host Member State, transit operations should not be subject to this Directive, Directive 96/71/EC and Directive 2014/67/EU.
Amendment 139 #
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 workers 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. In order to ensure the effectiveness of controls, it is important to make a distinction between the checks carried out at the roadside and at the premises of the undertakings. The checks could also be carried out remotely by electronic or digital means.
Amendment 148 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to facilitate the implementation, application and enforcement of this Directive, the internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 should be used in Member States for the enhanced exchange of information between regional and local authorities across borders. It could also be an advantage to extend the features of IMI to include the submission and transmission of simple declarations.
Amendment 165 #
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
Amendment 182 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 orhave been detected at the roadside. Checks of compliance with Directive 2002/15/EC shavell been detected at the roadside. carried out exclusively at the premises of the undertakings or remotely by electronic or digital means;
Amendment 242 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – part A – point (6)
Annex I – part A – point (6)
Amendment 256 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Transit operations shall be fully exempt from the scope of Directive 96/71/EC and of this Directive.
Amendment 258 #
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
1b. This Directive and Directive 96/71/EC shall not apply to undertakings established in cross-border regions and performing international transport operations as defined by Regulation (EC) No 1072/2009 in these cross-border regions within 100 km radius from the border.
Amendment 278 #
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) ofDirective 96/71/EC and Directive 96/712014/67/ECU to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriwhen they perform international operations. When performing cabotage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 37 days during a period of one calendar month, Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC.
Amendment 311 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 37 days as regards cabotage operations, 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 357 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) a daily working period shorter than sixtwelve hours spent in the territory of a host Member State shall be considered as half a day;
Amendment 368 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) a daily working period of sixtwelve hours or more spent in the territory of a host Member State shall be considered as a full day;
Amendment 384 #
Proposal for a directive
Article 2 – paragraph 3 – point c
Article 2 – paragraph 3 – point c
(c) breaks and rest periods as well as periods of availability spent in the territory of a host Member State shall be considered as working period.
Amendment 388 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. Road transport operations falling under the scope of this Directive shall be excluded from rules on ''posting exceeding twenty-four months'' as referred in [Article 2a of Directive 96/71/EC as amended by 2016/0070(COD)].
Amendment 392 #
Proposal for a directive
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3b. Road transport operations falling under the scope of this Directive shall be excluded from rules on collective agreements or arbitration awards which are not universally applicable as defined in Article 3(8) of Directive 96/71/EC.
Amendment 401 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. By way of derogation from Article 9(1) and (2) of Directive 2014/67/EU, Member States may only impose the following administrative requirements and control measures:
Amendment 422 #
Proposal for a directive
Article 2 – paragraph 4 – point a – introductory part
Article 2 – paragraph 4 – point a – introductory part
(a) an obligation for the road transport operator established in another Member State to send a postingvia a dedicated public interface of IMI a standardised, electronic, simple declaration to the national competent authorities at the latest at the commencement of the posting, in electronic form, in an official language of the host Member State or in English, containing only the following information:
Amendment 463 #
(aa) For the purpose of point (a) of this paragraph the road transport operator may provide a declaration covering a period of a maximum of six months. The information in points (ii) to (vi) shall be updated electronically by the road transport operator in line with the current factual situation. The public interface of the IMI dedicated to transport operators shall contain country specific information with concrete rates of pay (remuneration) and employment conditions applicable to drivers in all Member States as well as links to all single official national websites established by Article 5 of Directive 2014/67/EU.
Amendment 472 #
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 paper or electronic form, a copy of the postingsimple 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.
Amendment 493 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 513 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 554 #
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 peDuring the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may help in carrying out the check. Checks and controls of an employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC and/ or payslips shall be carrioed of a maximum of six months. ut solely at the premises. Member States shall proceed in line with the procedures laid down in Articles 6, 7 and 8 of Directive 2014/67/EU.
Amendment 590 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from […insert the date of entry into force of Directive 96/71/EC* as amended by 2016/0070(COD)].
Amendment 592 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 a (new)
Article 4 – paragraph 1 – subparagraph 2 a (new)
The European transport sector because of its specificity and highly mobile nature shall be exempt from the application of the Posting of Workers Directive 96/71/EC* until the entry into force of this Directive.