8 Amendments of Jens ROHDE related to 2017/0121(COD)
Amendment 114 #
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 ofbetween the transport operation and the Member State of employment of the driver. Therefore, it should be established that only international carriage operations beginning and ending in the Member State of employment should be exempt from the application of points (b) and (c) of Directive 96/71 EC. All other international transportcarriage operations. This time threshold should not apply to and cabotage operations as defined by Regulations 1072/200918 and (EC) No 10732/200919 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 Parliamenhould be covered by points (b) and (c) of Directive 96/71 EC. In order to avoid unnecessary administrative burdens only one host Member State should be pointed out for each individual operation. The individual operation should begin and end with the loading of goods. Unloading should not aend of the Council of 21 October 2009 on common rules for access to the intindividual operation and as a consequence the individual opernational road haulage market (OJ L 300, 14.11.2009, p. 72). 19 should comprise unladen journeys as defined by Regulation (EC) No 10732/2009 of the European Parliament and of the Council of 21 October 2009 on common rules. In order to point out only one host Member State for eaccess to the inth opernational market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88) the decisive criterion is the place of unloading.
Amendment 281 #
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 (EC) No 1072/2009 and 1073/2009 where the period of posting to international carriage operation eitheir territory to perform these operations is shorter than or equal to 3 daysbegins or ends in the Member State where the place of business through which the during a period of one calendar monthver was engaged is situated.
Amendment 308 #
When the period of posting is longer than 3 days, 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 postas conditions to drivers in the road transport sector, when performing to otheir territory during thkinds of international carriage operiod of one calendar month referred to in the first subparagraphations or cabotage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009.
Amendment 342 #
Proposal for a directive
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
3. For the purposes of the calcudetermining the relevant Member State in relation tof the periods of posting referred toapplication of points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC and type of operation in paragraph 2:
Amendment 353 #
Proposal for a directive
Article 2 – paragraph 3 – point a
Article 2 – paragraph 3 – point a
(a) a daily working The individual operatiodn shorter than six hours spent all determine the territory of a host Member State shall be considered as half a day;ms of which Member State in relation to points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC that shall be applied.
Amendment 374 #
Proposal for a directive
Article 2 – paragraph 3 – point b
Article 2 – paragraph 3 – point b
(b) a daily working period of six hours or more spent in the territory of a host Member State shall be considered as a full day;The loading of goods shall mark the beginning of an operation and discontinuation of previous operations.
Amendment 379 #
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 periodFor the operation in question, the terms applicable shall be those of the Member State in which the unloading is supposed to take place. This shall not apply to the first subparagraph of paragraph 2.
Amendment 565 #
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. By 2020, a European Road Agency shall be set up, which will be responsible for managing the European single window for pre-posting declarations and in order to ensure the coordination and harmonized application of the rules.