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Activities of Patrick LE HYARIC related to 2017/0121(COD)

Shadow opinions (1)

OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector
2016/11/22
Committee: EMPL
Dossiers: 2017/0121(COD)
Documents: PDF(248 KB) DOC(176 KB)

Amendments (11)

Amendment 166 #
Patrick LE HYARIC, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES
Proposal for a directive
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 1072/2009 and 1073/2009 where the period of postThe provisions of Directive 96/71/EC and subsequently of the legal act amending this directive as well as the enforcement Directive 2017/67/EU shall apply to transport undertakings performing cabotage operations, as well as to the incoming or outgoing carriage of goods by roads as one leg of a combined transport journey, as laid down in Council Directive 92/106/EEC on the establishment of common rules for certaing to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendypes of combined transport of goods between Member States. The provisions of those directives shall also apply to the international transport as long as the posting conditions specified in Article 1(3) of Directive 96/71/EC and in the legal act amending this directive are monthet.
2018/02/05
Committee: EMPL
Amendment 250 #
Patrick LE HYARIC, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, João PIMENTA LOPES
Proposal for a directive
Article 2 – paragraph 4 – introductory part
4. Member States may onlyat least impose the following administrative requirements and control measures:
2018/02/05
Committee: EMPL
Amendment 256 #
Patrick LE HYARIC, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES
Proposal for a directive
Article 2 – paragraph 4 – point a
(a) for each posted driver and each posting, 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,a standardized electronic form developed and made available by the Commission in anll official languages of the host Member State or in EnglishUnion, containing onlyat least the following information:
2018/02/05
Committee: EMPL
Amendment 277 #
Patrick LE HYARIC, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, João PIMENTA LOPES, Merja KYLLÖNEN
Proposal for a directive
Article 2 – paragraph 4 – point a – point vi a (new)
(via) Information about the posted drivers would be at least the following: the identity, the country of residence, the country where the employment contract is based, the country of payment of social contributions and the social security number;
2018/02/05
Committee: EMPL
Amendment 283 #
Patrick LE HYARIC, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Merja KYLLÖNEN
Proposal for a directive
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 posting declaration androad transport operator to provide the posted driver with the following documents for the purpose of roadside control: (i) a copy of the posting declaration in paper or electronic form; (ii) the evidence of the transport operation taking place in the host Member State, such as an as referred in the legal act amending Regulation (EC) No 1072/2009 of the European Parliament and of the Council; (iii) the electronic consignment note (e- CMR) or evidence referr(iv) a copy of the employment contract translated into in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.one of the official languages of the host Member State, or into another language accepted by the host Member State; (v) a copy of the payslips for the last two months, in paper or electronic form;
2018/02/05
Committee: EMPL
Amendment 301 #
Patrick LE HYARIC, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Merja KYLLÖNEN
Proposal for a directive
Article 2 – paragraph 4 – point d
(d) 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 employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC20 , translated into one of the official languages of the host Member State or into English; __________________ 20 Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32)deleted
2018/02/05
Committee: EMPL
Amendment 312 #
Patrick LE HYARIC, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, Merja KYLLÖNEN
Proposal for a directive
Article 2 – paragraph 4 – point e
(e) an obligation for the driver to make available, where requested at the roadside control, in paper or electronic form, a copy of payslips for last two months; 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 this copy;deleted
2018/02/05
Committee: EMPL
Amendment 320 #
Patrick LE HYARIC, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES, Merja KYLLÖNEN
Proposal for a directive
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e), at the request of the authorities of the host Member State within a reasonable period of timefive days from the request;
2018/02/05
Committee: EMPL
Amendment 333 #
Patrick LE HYARIC, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES, Merja KYLLÖNEN
Proposal for a directive
Article 2 – paragraph 4 a (new)
4a. Evidence referred to in Article 2, paragraph 4 (a), (b) and (c) shall be kept on board the vehicle and presented to the authorised inspecting officers of the Member State hosting the posted driver within the duration of the roadside check.
2018/02/05
Committee: EMPL
Amendment 335 #
Patrick LE HYARIC, Rina Ronja KARI, Paloma LÓPEZ BERMEJO, Tania GONZÁLEZ PEÑAS, João PIMENTA LOPES, Merja KYLLÖNEN
Proposal for a directive
Article 2 – paragraph 4 b (new)
4b. To prove that the provisions of Directive 96/71/EC and subsequently of the legal act amending this directive, as well as the provisions of Directive 2014/67/EU are met, during roadside checks the competent authorities of the Member State of the posting shall verify the following: (a) the tachograph data of the current day and that of the previous 56 days; (b) the electronic consignment notes of the current day and of the past 5-6 days; (c) the documents referred to in Article 2(1)(a), (b) and (c). The roadside check authorities shall transmit all information referred to in the above paragraph to the competent authorities of the Member State of posting, for an assessment of compliance with the legal acts referred to in the above paragraph. In order to facilitate the implementation, the application of this directive, the competent authorities of the Member States shall cooperate with mutual assistance and all relevant information, within the conditions laid down in Directive 2014/67/EU and in Regulation (EC) No 1071/2009. For the purpose to increase the effectiveness of cross-border enforcement and of targeted checks, the Member States shall provide access in real time to all relevant authorised inspecting authorities to the Internal Market Information System (IMI), established by Regulation (EU) No 1024/2012, to the national electronic registers established by Regulation (EC) No 1071/2009, to posting declaration referred to in Article 2.4 of this Directive and to any other relevant databases.
2018/02/05
Committee: EMPL
Amendment 338 #
Patrick LE HYARIC, Paloma LÓPEZ BERMEJO, João PIMENTA LOPES
Proposal for a directive
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 period of a maximum of six months.deleted
2018/02/05
Committee: EMPL
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