Activities of Verónica LOPE FONTAGNÉ related to 2017/0123(COD)
Plenary speeches (2)
Enforcement requirements and specific rules for posting drivers in the road transport sector - Daily and weekly driving times, minimum breaks and rest periods and positioning by means of tachographs - Adapting to development in the road transport sector (debate) ES
Enforcement requirements and specific rules for posting drivers in the road transport sector - Daily and weekly driving times, minimum breaks and rest periods and positioning by means of tachographs - Adapting to development in the road transport sector (debate) ES
Amendments (25)
Amendment 1 #
Proposal for a regulation
Recital 2
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 increasinghas been increasing particularly on the national transport market, because of the use of light commercial vehicles in towns and on shorter routes. 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, avoid loopholes and create fairer competition on the internal market without imposing unnecessary administrative and financial burdens on transport undertakings, particularly SMEs, vehicles with a permissible laden mass not exceeding 3.5 tonnes involved in international transport and cabotage operations 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.
Amendment 2 #
Proposal for a regulation
Recital 3
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.
Amendment 3 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) 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, particularly among young people and women. In order to make it easier and more attractive for young people and women to access the profession, and, likewise, to retain people currently working in the sector (especially in the case of SMEs), illegal work and bogus self-employment must be reduced and existing administrative procedures must be more flexible and should not represent an unnecessary burden for smaller undertakings or self-employed workers.
Amendment 4 #
Proposal for a regulation
Recital 4
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 establishmentFreedom of establishment is a cornerstone of the internal market. However, the existence of letterbox companies and bogus self- employment within the transport sector have caused a proliferation of illicit practices, which degrade the sector's image, since they reduce labour costs illegally and fail to ensure that working standards are maintained. Therefore, and in light of experience, it is necessary to clarify, ensure and monitor the implementation of the provisions set out in Article 5 of Regulation (EC) No 1071/2009 regarding the existence of an effective and stable establishment, step up checks and so put an end to the illegal practice of so-called letterbox companies and bogus self-employment. It is also necessary to foster enhanced cooperation, joint controls, the setting of more ambitious targets and the exchange of best practices between Member States.
Amendment 5 #
Proposal for a regulation
Recital 7
Recital 7
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute.
Amendment 6 #
Proposal for a regulation
Recital 10
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 involved in international transport should have a minimumsufficient level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis and have the means to meet their obligations related to their employees in wages and social contributions. 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 unnecessary burden for smaller undertakings or self-employed workers.
Amendment 7 #
Proposal for a regulation
Recital 13
Recital 13
(13) Cabotage operations´ main goal is to avoid empty journeys while returning to the country of establishment, which contribute to reduce fuel consumption and emissions, improve the profitability of undertakings and hence the internal market and the labour market. The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so farfor hauliers to implement and easy to enforce, complying with the applicable law while maintaining the level of liberalisation achieved so far, without undermining the basic principle of the freedom to provide services in the internal market and the protection of the posted workers. In order to ensure the temporary character and to avoid any misused or distortion of the market as well as the danger of systematic cabotage caused by so-called ‘letter-box’ companies or nomadic drivers, the EU rules established on the Directive of posting drivers in the road transport sector are applied to cabotage operations from day 1.
Amendment 8 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – introductory part
Article 1 – paragraph 1 – point 1 – introductory part
Amendment 9 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 1071/2009
Article 5 – point (a)
Article 5 – point (a)
(a) have adequate premises in which it keeps its core business documents, or secures access to them, either in paper or electronic form, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, documents containing data relating to cabotage, posting of drivers, where needed, and driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;; e) hold assets and employ staff proportionate to the activity of aa) have access to parking areas that are proportionate to the size of its own vehicle fleet; e) hold assets and employ the establishff required to comply with the above requirement.'s;
Amendment 10 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii
Article 1 – paragraph 1 – point 4 – point a – point iii
Regulation (EC) No 1071/2009
Article 6 – paragraph 1
Article 6 – paragraph 1
xii a) cabotage
Amendment 11 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Regulation (EC) No 1071/2009
Article 6 – paragraph 2 a
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, the threat to the health and safety of the worker posed by the non- compliance with Union labour law, including bythe undermining of the working conditions of transport workers, avoiding the applicable labour and social legislation;
Amendment 12 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 1071/2009
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, at all times 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. 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 athe permissible laden mass of which does 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, ithey haves at theirits disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.;
Amendment 13 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point g a (new)
Article 16 – paragraph 2 – point g a (new)
(aa) Paragraph -1 is added as follows: 'For more effective cross-border enforcement, the data contained in the national electronic registers shall be fully accessible in real time to competent authorities from other Member States'; (c) the names of the transport managers designated to meet the conditions asrequirements laid down in Article 3 relating to good repute and professional competence or, as appropriate, the name of a legal representative;
Amendment 14 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
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 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. Cabotage operations permitted under the first subparagraph have a temporary character and the work of the driver performing those operations shall be organise in such a way which allow him/her to rest at home or at another location chosen by himself/herself according to the amending Regulation (EC) No 561/2006 3. National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding genuine international carriage; 4. Evidence referred to in paragraph 3 and of each consecutive cabotage operation carried out with a consignment note. The consignment notes shall be presented or transmitted to the authorised inspecting officer of the host Meadily available on the vehicle for the roadside checks; Each consignment note shall contain the number Stplates on request and within the duration of the roadside check. It may be presented or transmitf the motor vehicle and trailer used. 4. The consignment note may be presented 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 man No additional documents shall be required in order to prove that the conditions laid down in this Article have been met but the competent authorities of the Member State hosting the cabotager or any other person or entity which may provide the evidence referred to in paragraph 3peration may require verify data related to the tacograph according to Regulation EU n° 165/2014. Records should be kept at the undertaking.
Amendment 15 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Regulation (EC) No 1072/2009
Article 9 – paragraph 1 – point e a (new)
Article 9 – paragraph 1 – point e a (new)
(5 a) In Article 9, in paragraph 1, the following point is added: (f) the application of the rules deriving from the 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
Amendment 16 #
Proposal for a regulation
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Regulation (EC) No 1072/2009
Article 10 a – paragraph 1
Article 10 a – paragraph 1
1. Each Member State shall be responsible for pursuing an effective enforcement policy in its territory. As part of that policy, each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 2 4% of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 6% 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. 3. Member States shall, at least threesix 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.
Amendment 17 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Regulation (EC) No 1072/2009
Article 14 a – paragraph 1
Article 14 a – paragraph 1
Member States shall provide for effective, proportionate and dissuasive sanctions against consignors, freight forwarders, contractors and subcontractors for non- compliance with Chapters II and III, where they knowingly commission transport services which involve infringements of this Regulation.
Amendment 63 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) European Union rules on the posting of workers are designed for workers moving physically and for a fixed period to a Member State other than where they normally carry out their work. Owing to the mobile nature of workers in the road transport sector, the administrative formalities to be complied with by such undertakings should be relaxed. For this reason, they should be exempt from the assessment of good repute.
Amendment 71 #
Proposal for a regulation
Recital 11
Recital 11
(11) The information about transport operators contained in the national electronic registers should be as complete as possible to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, and the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations (EC) No 1071/2009 and (EC) No 1072/2009. The rules on the national electronic register should therefore be amended accordingly.
Amendment 83 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to ensure the temporary character and to avoid any distortion of the market caused by so-called ‘letter-box’ companies or nomadic drivers, it is necessary to ensure that cabotage operations have as their purpose the return to the country of establishment of the undertaking.
Amendment 175 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i – introductory part
Article 1 – paragraph 1 – point 11 – point a – point i – introductory part
(i) the following points (g), (h), (ipoints (g) and (jh) are added:
Amendment 182 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i
Article 1 – paragraph 1 – point 11 – point a – point i
Amendment 186 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i Regulation (EC) No 1071/2009
Article 1 – paragraph 1 – point 11 – point a – point i Regulation (EC) No 1071/2009
Amendment 189 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point ii
Article 1 – paragraph 1 – point 11 – point a – point ii
Regulation (EC) No 1071/2009
Article 16 – paragraph 2
Article 16 – paragraph 2
Member States may choose to keep the data referred to in points (e) to (jh) of the first subparagraph in separate registers. In such a case, the relevant data shall be available upon request or directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within five working days of receipt of the request. The data referred to in points (a) to (d) of the first subparagraph shall be publicly accessible, in line with the relevant provisions on personal data protection.
Amendment 235 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a (new) Regulation (EC) No 1072/2009
Article 2 – paragraph 1 – point 5 – point a (new) Regulation (EC) No 1072/2009
2a. The purpose of these operations shall be to return to the Member State of establishment of the undertaking