17 Amendments of Kathleen VAN BREMPT related to 2017/0123(COD)
Amendment 86 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) In order to ensure that all EU rules for mobile workers are implemented in effective way, a European Land Transport Agency should be responsible for inspecting and enforcing the rules. It should provide operational and legal support to Member States to enforce social legislation and undertake European wide inspections. The European Land Transport Agency should be responsible for the monitoring of the European Road transport undertakings register.
Amendment 161 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation 1071/2009
Article 1 – paragraph 6
Article 1 – paragraph 6
Amendment 194 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a a (new)
Article 1 – paragraph 1 – point 3 – point a a (new)
Regulation 1071/2009/EC
Article 5 – point a a (new)
Article 5 – point a a (new)
(a a) the following point (a a) is added: (a a) The vehicles referred to in point (b) shall perform, in the framework of a transport contract, at least one loading or one unloading of goods per week in the premises of one company located in the same territory than the one of the establishment country.
Amendment 234 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Regulation 1071/2009
Article 6, paragraphe 1 point b (xii a) new
Article 6, paragraphe 1 point b (xii a) new
(xii a) cabotage
Amendment 248 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation 1071/2009
Article 7 paragraph 1
Article 7 paragraph 1
In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least : (a) EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. (b) two months’ worth of salary per employed mobile worker, at the level of the country where or from where they habitually carry out their activity. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.;
Amendment 272 #
(-i) the names of the road transport undertakings previously managed by the transport managers;
Amendment 281 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h a (new)
Article 16 – paragraph 2 – point h a (new)
(ha) the name, nationality and country of residence of the drivers employed by the haulier;
Amendment 282 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h b (new)
Article 16 – paragraph 2 – point h b (new)
(hb) The Member State of registration of labour contracts;
Amendment 283 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h c (new)
Article 16 – paragraph 2 – point h c (new)
(hc) The social insurance number of the drivers employed by the haulier;
Amendment 303 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EC) No 1071/2009
Article 16 a (new)
Article 16 a (new)
Amendment 346 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1072/2009
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
(1a) This Regulation shall also apply to incoming or outgoing carriage of goods by road as one leg of a combined transport journey as laid down in the Directive 92/106/EEC.
Amendment 358 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2 – paragraph 6
Article 2 – paragraph 6
6. ‘cabotage operation’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery points, as, specified in the consignment note;;
Amendment 378 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation 1072/2009
Article 8 paragraph 2
Article 8 paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another haulier's Member State or from a third country to a host Member Statef establishment have been delivered, the hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, up to two cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 5 day48 hours from the last unloading in the host Member State in the course of theis incoming international carriage, subject to a transport contract. After the 48 hours, the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle shall be allowed to perform cabotage operation after returning to the Member State of establishment of the road transport operator.;
Amendment 387 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member Stateto or from a haulier's Member State of establishment have been delivered, the hauliers referred to in paragraph 1 shall be allowed to carry out, with the same motor vehicle or with the same coupled combination or, in the case of a coupled combination, with only the motor vehicle of that same vehiclecoupled combination, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 5 day48 hours from the last unloading in the host Member State in the course of theis incoming international carriage., subject to a transport contract;
Amendment 398 #
2a. Road transport undertakings shall not be allowed to carry out cabotage operations, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same host Member State within 7 days from the end of the 48 hours period referred to in paragraph 1
Amendment 401 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a (new)
Article 2 – paragraph 1 – point 5 – point a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2b. In case the vehicle is not equipped with a smart tachograph, the control authorities may require clear evidence that operations have been carried out at least in 3 different member states in a time span of 7 consecutive days.
Amendment 416 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Regulation (EC) No 1072/2009
Article 8 – paragraph 4a
Article 8 – paragraph 4a
Evidence referred to in paragraph 3 shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as the eCMR.* During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the evidence referred to in paragraph 3. This evidence, preferably using the eCMR, needs to be created prior to the starting time of the transport operation currently on-going.