17 Amendments of Pavel SVOBODA related to 2017/0121(COD)
Amendment 133 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Since there is no sufficient link of a driver with a territory of a Member State of transit, transit operations should not be considered as posting situations. Furthermore, when a driver and the vehicle returns regularly back to the Member State of establishment of the transport operator, the economic link would predominantly be with the Member State of establishment of the transport operator.
Amendment 145 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to adapt the Annexes of this Directive to developments in best practice, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending those Annexes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making\*. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 151 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to reduce administrative burden of transport operators which are often small and medium-sized enterprises, it would be appropriate to simplify the process of sending declarations on posting by transport operators through standardised forms with some pre-defined elements translated in all official languages of the Union.
Amendment 172 #
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 falling within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and, as far as checks at premises are concerned, of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
Amendment 176 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Directive 2006/22/EC
Article 2 – paragraph 4
Article 2 – paragraph 4
4. The information submitted to the Commission in accordance with Article 17 of Regulation (EC) No 561/2006 shall include the number of drivers checked at the roadside, the number of checks at the premises of undertakings, the number of working days checked at premises and the number and type of infringements reported, together with a record of whether passengers or goods were transported.
Amendment 188 #
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 Regulations (EC) No 561/2006 orand (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.;
Amendment 222 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b a (new)
Article 1 – paragraph 1 – point 7 – point b a (new)
Directive 2006/22/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
(ba) paragraph 3 is replaced by the following: "An initial list of infringements of Regulation (EEC) No 3820/85 and (EEC) No 3821/85561/2006 and Regulation (EU) No 165/2014 is set out in Annex III. With a view to giving guidelines on the weighting of infringements of Regulations (EEC) No 3820/85 and (EEC) No 3821/85, the Commission may, as appropriate, in accordance with the procedure referred to in Article 12(2), adapt561/2006 and Regulation (EU) No 165/2014, the Commission is empowered to adopt delegated acts in accordance with Article15a amending Annex III with a view to establishing guidelines on a common range of infringements, divided into categories according to their gravity. The category for the most serious infringements should include those where failure to comply with the relevant provisions of Regulations (EEC) No 3820/85 and (EEC) No 3821/85561/2006 and Regulation (EU) No 165/2014 create a serious risk of death or serious personal injury. " Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02006L0022- 20170101&qid=1519206490721&from=EN)
Amendment 235 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Directive 2006/22/EC
Article 15
Article 15
Amendment 237 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 b (new)
Article 1 – paragraph 1 – point 8 b (new)
Directive 2006/22/EC
Article 15 a (new)
Article 15 a (new)
(8b) the following Article 15a is added: Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 9(3) and Article 15 shall be conferred on the Commission for a period of 5 years from [date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 9(3) and Article 15 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 9(3) and Article 15 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council."
Amendment 246 #
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 324 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 a (new)
Article 2 – paragraph 2 – subparagraph 2 a (new)
Where a driver and the vehicle return to the Member State of the establishment of the transport operator between any two entries in the same host Member State within a calendar month, the 3 day period as referred to in paragraph 2 of this Article shall start counting again.
Amendment 326 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 b (new)
Article 2 – paragraph 2 – subparagraph 2 b (new)
This Directive and Directive 96/71/EC shall not apply to transit operations.
Amendment 402 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. Member States where transport operations, including transit, are carried out, may only impose the following administrative requirements and control measures:
Amendment 420 #
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 posting 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 459 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi a (new)
Article 2 – paragraph 4 – point a – point vi a (new)
(via) loading and unloading points;
Amendment 461 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi b (new)
Article 2 – paragraph 4 – point a – point vi b (new)
(vib) the identity and the contact details of consignee or consignor;
Amendment 542 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Transport operators shall be allowed to send a declaration as referred to in point (a) of paragraph 4 through the Internal Market Information system as referred to in Regulation (EU) No 1024/2012 in the language of its home Member State. The Commission shall, via implementing acts, lay down technical details and set a common format for the declaration in all official languages of the EU, including pre-defined contacts to national competent authorities. For this purpose, Member States shall communicate the national competent authorities to the Commission.