2 Amendments of Herbert DORFMANN related to 2017/0121(COD)
Amendment 124 #
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 of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 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 Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)transit and international transport operations where both the driver and the vehicle return to the Member State of establishment should not be subject to Directive 96/71/EC. There is no direct competition with national companies in the case of transit and international transport and there is a clear link of the driver to the Member State of establishment of the company, therefore the Directive 96/71/EC is inapplicable in such cases.
Amendment 386 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. For the purpose of this Directive the remuneration as referred to in Article 3 (1)point (c) of Directive 96/71 means remuneration, including overtime rate sand social security contributions. This remuneration shall be calculated according to the criteria of the Member State where a driver is posted;