[ParlTrack]

Elżbieta Katarzyna ŁUKACIJEWSKA, Roberta METSOLA, Gheorghe FALCĂ, Andris AMERIKS, Petras AUŠTREVIČIUS, Andor DELI, Rovana PLUMB, Maria GRAPINI, Marian-Jean MARINESCU, Roberts ZĪLE, Bogusław LIBERADZKI, Tomasz Piotr PORĘBA, Kosma ZŁOTOWSKI, Magdalena ADAMOWICZ, Tomasz FRANKOWSKI, Andrey NOVAKOV, Petar VITANOV, Ilhan KYUCHYUK, Angel DZHAMBAZKI

Council position
Recital 8

(8) Regulation (EC) No 1071/2009 requires undertakings to conduct effectively and continuously their operations with the appropriate technical equipment and facilities at an operating centre situated in the Member State of establishment, and it allows for additional requirements at national level, the most common of which being a requirement to have parking spaces available in the Member State of establishment. However, those, unevenly applied, requirements have not been sufficient to ensure a genuine link with that Member State in order to efficiently fight letter-box companies and to reduce the risk of systematic cabotage and nomadic drivers organised from an undertaking to which the vehicles do not return. Considering that, in order to ensure the proper functioning of the internal market in the area of transport, specific rules on the right of establishment and the provision of services may be necessary, it is appropriate to further harmonise the establishment requirements and to strengthen the requirements linked to the presence of the vehicles used by the transport operator in the Member State of establishment. Defining a clear minimum interval within which the vehicle has to return also contributes to ensuring that those vehicles can be correctly maintained with the technical equipment situated in the Member State of establishment and facilitates controls. The cycle for such returns should be synchronised with the obligation on the transport undertaking in Regulation (EC) No 561/2006 of the European Parliament and of the Council6 to organise its operations in a manner that enables the driver to return home at least every four weeks, so that both obligations can be fulfilled through the return of the driver together with the vehicle at least every second four week cycle. This synchronisation strengthens the right of the driver to return and reduces the risk that the vehicle has to return only to fulfil this new establishment requirement. However, the requirement to return to the Member State of establishment should not require a specific number of operations to be conducted in the Member State of establishment or otherwise limit the operators possibility to provide services throughout the internal market. _____________________________ 6 the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).Regulation (EC) No 561/2006 of

2020/05/13
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Angel DZHAMBAZKI, Ilhan KYUCHYUK, Petar VITANOV, Andrey NOVAKOV, Bogusław LIBERADZKI, Tomasz FRANKOWSKI, Magdalena ADAMOWICZ, Roberts ZĪLE, Marian-Jean MARINESCU, Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Rovana PLUMB, Andor DELI, Petras AUŠTREVIČIUS, Andris AMERIKS, Gheorghe FALCĂ, Roberta METSOLA, Maria GRAPINI

Council position
Recital 21

(21) Cabotage operations should help to increase the load factor of heavy duty vehicles and reduce empty runs, and should be allowed as long as they are not carried out in a way that creates a permanent or continuous activity within the Member State concerned. To ensure that cabotage operations are not carried out in a way that creates a permanent or continuous activity, hauliers should not be allowed to carry out cabotage operations in the same Member State within a certain time after the end of a period of cabotage operations.deleted

2020/05/13
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Magdalena ADAMOWICZ, Tomasz FRANKOWSKI, Bogusław LIBERADZKI, Roberts ZĪLE, Marian-Jean MARINESCU, Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Maria GRAPINI, Rovana PLUMB, Andor DELI, Petras AUŠTREVIČIUS, Andris AMERIKS, Gheorghe FALCĂ, Roberta METSOLA, Andrey NOVAKOV, Petar VITANOV, Ilhan KYUCHYUK, Angel DZHAMBAZKI

Council position
Recital 22

(22) While the further liberalisation established by Article 4 of Council Directive 92/106/EEC9 , compared to cabotage under Regulation (EC) No 1072/2009, has been beneficial in promoting combined transport and should, in principle, be retained, it is necessary to ensure that it is not misused. Experience shows that, in certain parts of the Union, that provision has been used in a systematic manner to circumvent the temporary nature of cabotage and as the basis for the continuous presence of vehicles in a Member State other than that of the establishment of the undertaking. Such unfair practices risk leading to social dumping and jeopardise respect of the legal framework relating to cabotage. It should therefore be possible for Member States to derogate from Article 4 of Directive 92/106/EEC and to apply the provisions relating to cabotage in Regulation (EC) No 1072/2009 in order to address such problems by introducing a proportionate limit to the continuous presence of vehicles within their territory. __________________ 9Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, p. 38).deleted

2020/05/13
Committee: TRAN

Council position
Article 1 – paragraph 1 – point 3

Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point b

(b) organise its vehicle fleet's activity in such a way as to ensure that vehicles that are at the disposal of the undertaking and are used in international carriage return to one of the operational centres in that Member State at least within eight weeks after leaving it;deleted

2020/05/13
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Rovana PLUMB, Andor DELI, Petras AUŠTREVIČIUS, Andris AMERIKS, Gheorghe FALCĂ, Roberta METSOLA, Andrey NOVAKOV, Ilhan KYUCHYUK, Petar VITANOV, Bogusław LIBERADZKI, Tomasz FRANKOWSKI, Magdalena ADAMOWICZ, Roberts ZĪLE, Marian-Jean MARINESCU, Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Maria GRAPINI, Angel DZHAMBAZKI

Council position
Article 1 – paragraph 1 – point 3

Regulation (EC) No 1071/2009
Article 5 – paragraph 1 – point g

(g) on an ongoing basis, have at its regular disposal a number of vehicles ~~that~~ complying with the conditions laid down in point (e) and employ drivers ~~who are normally based at an~~based on the law applicable to operational centre inof th~~at Member State, in both cases~~e undertaking, proportionate to the volume of transport operations carried out by the undertaking.

2020/05/13
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Bogusław LIBERADZKI, Magdalena ADAMOWICZ, Tomasz FRANKOWSKI, Roberts ZĪLE, Marian-Jean MARINESCU, Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Maria GRAPINI, Rovana PLUMB, Andor DELI, Petras AUŠTREVIČIUS, Andris AMERIKS, Gheorghe FALCĂ

Council position
Article 2 – paragraph 1 – point 4 – point a a (new)

Regulation (EC) No 1072/2009
Article 8 – paragraph 2 b (new)

(aa) the following paragraph is inserted: '2b. Hauliers are not allowed to carry out cabotage operations with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same Member State within 48 hours following the end of its cabotage operation in that Member State.';

2020/05/13
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Bogusław LIBERADZKI, Magdalena ADAMOWICZ, Tomasz FRANKOWSKI, Roberts ZĪLE, Marian-Jean MARINESCU, Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Maria GRAPINI, Rovana PLUMB, Andor DELI, Petras AUŠTREVIČIUS, Andris AMERIKS, Gheorghe FALCĂ, Andrey NOVAKOV, Petar VITANOV, Ilhan KYUCHYUK, Angel DZHAMBAZKI

Council position
Article 2 – paragraph 1 – point 4 – point b

Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1

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 international carriage and of each consecutive cabotage operation carried out. In the event that the vehicle has been in the territory of the host Member State ~~within the period of four days~~ preceding the international carriage, the haulier shall also produce clear evidence of all operations that were carried out during that period.;

2020/05/13
Committee: TRAN

Elżbieta Katarzyna ŁUKACIJEWSKA, Bogusław LIBERADZKI, Magdalena ADAMOWICZ, Tomasz FRANKOWSKI, Roberts ZĪLE, Marian-Jean MARINESCU, Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Maria GRAPINI, Rovana PLUMB, Andor DELI, Petras AUŠTREVIČIUS, Andris AMERIKS, Gheorghe FALCĂ, Roberta METSOLA, Andrey NOVAKOV, Ilhan KYUCHYUK, Petar VITANOV, Angel DZHAMBAZKI

Council position
Article 2 – paragraph 1 – point 5 – point b

(b) the following paragraph is added: '7. this Article and by way of derogation from Article 4 of Directive 92/106/EEC, Member States may, where necessary to avoid misuse of the latter provision through the provision of unlimited and continuous services consisting in initial or final road legs within a host Member State that form part of combined transport operations between Member States, provide that Article 8 of this Regulation apply to hauliers when they carry out such initial and/or final road haulage legs within that Member State. With regard to such road haulage legs, Member States may provide for a longer period than the seven-day period provided for in Article 8(2) of this Regulation and may provide for a shorter period than the four-day period provided for in Article 8(2a) of this Regulation. The application of Article 8(4) of this Regulation to such transport operations shall be without prejudice to requirements following from Directive 92/106/EEC. Member States making use of the derogation provided for in this paragraph shall notify the Commission thereof before applying their relevant national measures. They shall review those measures at least every five years and shall notify the results of that review to the Commission. They shall make the rules, including the length of the respective periods, publically available in a transparent manner.';deleted In addition to paragraphs 1 to 6 of

2020/05/13
Committee: TRAN

Roberts ZĪLE, Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Marian-Jean MARINESCU, Andor DELI, Bogusław LIBERADZKI, Elżbieta Katarzyna ŁUKACIJEWSKA, Angel DZHAMBAZKI, Petras AUŠTREVIČIUS, Gheorghe FALCĂ, Petar VITANOV, Andris AMERIKS, Rovana PLUMB, Andrey NOVAKOV, Maria GRAPINI, Ilhan KYUCHYUK

Council position
Article 4 – paragraph 1

This Regulation shall enter into force on ~~the twentieth day following that of its publication in the Official Journal of the European Union~~[insert date 18 month after that of its publication in the Official Journal of the European Union]. By .... [OJ: 4 months after that of its publication in the Official Journal of the European Union] the Commission shall present a proper impact assessment regarding the impact of this Regulation on actual economic situation of the EU road haulage market and drivers' health safety situation, and, where appropriate, propose amendments to this Regulation taking into account the new market situation of the sector.

2020/05/13
Committee: TRAN

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Richard SULÍK, Czesław HOC, Angel DZHAMBAZKI, Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Regulation (EC) No 1071/2009
Article 1 – paragraph 4 – point a

~~(i) point (a) is~~ deleted;

2018/02/23
Committee: TRAN

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point i

Regulation (EC) No 1071/2009
Article 6 – paragraph 1– subparagraph 2

In determining whether an undertaking has satisfied that requirement, Member States shall consider the conduct of the undertaking, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State. Any reference in this Article to convictions, penalties or infringements shall include convictions, penalties or infringements of the undertaking itself, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State.;deleted

2018/02/23
Committee: TRAN

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii

Regulation (EC) No 1071/2009
Article 6 – paragraph 1 – point b – point xi

~~(xi) the posting of workers;~~deleted

2018/02/23
Committee: TRAN

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point c

Regulation (EC) No 1071/2009
Article 6 – paragraph 2 a – point b

(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, including by undermining the working conditions of transport workers~~;

2018/02/23
Committee: TRAN

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) No 1071/2009
Article 7 – paragraph 1

(a) in paragraph 1, the first subparagraph is replaced by the following: ‘In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, 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. 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 a permissible laden mass 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, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.;’deleted

2018/02/23
Committee: TRAN

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Richard SULÍK, Czesław HOC, Angel DZHAMBAZKI, Evžen TOŠENOVSKÝ

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i

Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point i

~~(i) the total assets, liabilities, equity and turnover during the last two years;~~deleted

2018/02/23
Committee: TRAN

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point ii

Regulation (EC) No 1071/2009
Article 16– paragraph 2 – subparagraph 2

Member States may choose to keep the data referred to in points (e) to (j) 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~~thirty 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.

2018/02/23
Committee: TRAN

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a

Regulation (EC) No 1072/2009
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 57 days following the first day from the last unloading in the host Member State in the course of the incoming international carriage.;

2018/02/23
Committee: TRAN

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Angel DZHAMBAZKI

Proposal for a regulation
Article 2 – paragraph 1 – point 7

Regulation (EC) No 1072/2009
Article 10a

(7) the following Article 10a is inserted: ‘Article 10a Checks 1. Each Member State shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 2 % of all cabotage operations performed in their territory are checked. They shall increase the percentage to at least 3 % 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. 2. Member States shall target those undertakings which are classed as posing an increased risk of infringing the provisions of the present Chapter, applicable to them. For that purpose, Member States shall, within the risk classification system established by them under Article 9 of Directive 2006/22/EC of the European Parliament and of the Council*** and extended in accordance with Article 12 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council,****treat the risk of such infringements as a risk in its own right. 3. Member States shall, at least three times per year, undertake concerted roadside checks on cabotage operations. 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. ______________________ *** Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities (OJ L 102, 11.4.2006, p. 35). ****Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).;’deleted

2018/02/23
Committee: TRAN

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Regulation (EC) No 1072/2009
Article 14 a

~~Article 14a~~deleted

2018/02/23
Committee: TRAN

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Evžen TOŠENOVSKÝ, Richard SULÍK, Angel DZHAMBAZKI

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Regulation (EC) No 1072/2009
Article 14 a

~~Liability~~deleted

2018/02/23
Committee: TRAN

Kosma ZŁOTOWSKI, Tomasz Piotr PORĘBA, Roberts ZĪLE, Bolesław G. PIECHA, Zdzisław KRASNODĘBSKI, Czesław HOC, Angel DZHAMBAZKI, Evžen TOŠENOVSKÝ, Richard SULÍK

Proposal for a regulation
Article 2 – paragraph 1 – point 8

Regulation (EC) No 1072/2009
Article 14 a

Member States shall provide for 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.deleted

2018/02/23
Committee: TRAN

21 Amendments of Tomasz Piotr PORĘBA related to 2017/0123(COD)

ParlTrack - 2011-2024