BETA

16 Amendments of Jeroen LENAERS related to 2017/0123(COD)

Proposal for a regulation
Recital 2

(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to 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 not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory.

2018/02/01
Committee: EMPL

Proposal for a regulation
Recital 3

(3) Currently, Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. ~~This possibility has not proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolished.~~

2018/02/01
Committee: EMPL

Proposal for a regulation
Recital 3 a (new)

(3a) Even though road transport activity in the EU provides 5 million direct jobs and contributes almost 2% of the Community’s GDP, the EU is faced with a shortage of professional drivers. In order to make it easier for young people to access the profession, and to retain people currently working in the industry (especially in the case of SMEs), it is important to end the downward pressure on terms of employment due to international competition with regard to wage costs, and wherever possible to bring about equal pay for equal work in international road transport.

2018/02/01
Committee: EMPL

Proposal for a regulation
Recital 4

(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment, and so put an end to so- called letterbox companies.

2018/02/01
Committee: EMPL

Proposal for a regulation
Recital 4 a (new)

(4a) The existence of letterbox companies and false self-employment within the transport industry is hampering the smooth functioning of the internal market and at the same time causing a deterioration in terms of employment for its workers. It is essential to take resolute action against these illegal practices which, even though they represent only a small part of the industry, degrade the industry's image, since they reduce labour costs illegally and fail to ensure that labour law is complied with.

2018/02/01
Committee: EMPL

Proposal for a regulation
Recital 10

(10) 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 with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit and they should not represent an excessive burden for smaller undertakings or self-employed workers.

2018/02/01
Committee: EMPL

Proposal for a regulation
Recital 14

(14) To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be reduced.deleted

2018/02/01
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

~~(i) point (a) is~~ deleted;

2018/02/01
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b

Regulation (EC) No 1071/2009
Article 1 – paragraph 6

(b) the following paragraph 6 is added: ‘ 6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to 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. Member States may, however: (a) require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b) first subparagraph for all or some categories of road transport operations.'; ’deleted lower the limit referred to in the

2018/02/01
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 2

~~(2) in Article 3, paragraph 2 is~~ deleted;

2018/02/01
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c

Regulation (EC) No 1071/2009
Article 6 – paragraph 2 a

(b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and to distort competition in the road transport market, including by undermining the working conditions of transport workers, as well as failure to comply with, or the poor application of, the relevant Union labour legislation;

2018/02/01
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) No 1071/2009
Article 7 – paragraph 1 – indent 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 EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used that is over 3.5 tonnes, or EUR 1 000 for each additional vehicle with a permissible laden mass which does not exceed 3.5 tonnes. 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.';

2018/02/01
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 12

Regulation (EC) No 1071/2009
Article 18 – paragraph 5

5. Where it is difficult or impossible to comply with a request for information or to carry out checks, inspections or investigations, the Member State in question shall inform the requesting Member State accordingly within ten working days, with reasons. The Member States concerned shall cooperate and discuss with each other with a view to finding a solution for any difficulty raised.

2018/02/01
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
Article 8 – paragraph 2

(a) paragraph 2 is replaced by the following: ‘ 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 State have been delivered, 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, 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 days from the last unloading in the host Member State in the course of the incoming international carriage.; ’deleted

2018/02/01
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10 a – paragraph 1

1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 24 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 36 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes- kilometres in year t-2, as reported by Eurostat.

2018/02/01
Committee: EMPL

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10 a – paragraph 3

3. Member States shall, at least ~~three~~six times per year, undertake concerted roadside checks on cabotage operations, which may coincide with checks performed in accordance with Article 5 of Directive 2006/22/EC. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.

2018/02/01
Committee: EMPL