57 Amendments of Ádám KÓSA related to 2017/0121(COD)
Amendment 25 #
Proposal for a directive
Recital 1
Recital 1
(1) In order to create a safe, efficient and socially responsible road transport sector it is necessary to ensure a balance between free movement of services, adequate working conditions and social protection for drivers, on the one hand, andto provide a suitable business and fair competition conditionsve environment for operators, on the other, while respecting the fundamental freedoms, the freedom of movement of services in particular, guaranteed by the Treaties.
Amendment 31 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Any national rules applied to road transport must be proportionate as well as justified and must not hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty, such as the freedom of movement of services in order to maintain or even increase the competitiveness of the European Union, including the costs of products and services by respecting the working conditions and social protection for drivers as well as the speciality of the sector since drivers are highly mobile workers, not posted workers.
Amendment 35 #
Proposal for a directive
Recital 3
Recital 3
(3) The balance between enhancing social and working conditions for drivers and facilitatsuring the exercise of the freedom to provide road transport services based on fairnon- discriminatory competition between national and foreign operators isas enshrined in the Treaty and social and working conditions for drivers are crucial for the smooth functioning of the internal market.
Amendment 37 #
Proposal for a directive
Recital 4
Recital 4
(4) Having evaluated the effectiveness and efficiency of the current Union social legislation in road transport, certain loopholes in the existing provisions and deficiencies in their enforcement were identified. Furthermore a number of discrepancies exist between Member States in interpretation, application and implementation of the rules. This creates legal uncertainty and the illegal and unlawful practice of unequal treatment of drivers and operators in some Member States, which is detrimental to the working, social and competition conditions in the sector and, in some cases, leads to the populist rhetoric of social dumping, whilst more emphasis should be put on fighting against undeclared workers in transport sector.
Amendment 43 #
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) Given the high mobility of workforce in the road transport sector, sector-specific rules are needed to ensure the balance between the freedom to provide cross-border services for operators, the free movement of goods and the social protection of drivers. Therefore, the aim of this directive is to provide legal certainty and clarity, to contribute to the harmonization and fostering of enforcement and to the fight against illegal practices and lower administrative burden.
Amendment 45 #
Proposal for a directive
Recital 1
Recital 1
(1) In order to create a safe, efficient and socially responsible road transport sector it is necessary to ensure the free movement of goods and the freedom to provide services, adequate working conditions and social protection for drivers, on the one hand, and and to provide a suitable business and fair competition conditionsve environment for operators, on the otherwhile respecting the fundamental freedoms, the free movement of goods and the freedom to provide services in particular as guaranteed by the Treaties.
Amendment 59 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Any national rules applied to road transport must be proportionate as well as justified and must not hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty, such as the free movement of goods and the freedom to provide services in order to maintain or even increase the competitiveness of the Union, including the costs of products and services by respecting the working conditions and social protection for drivers as well as respecting the specificities of the sector since drivers are highly mobile workers, not posted workers.
Amendment 62 #
Proposal for a directive
Recital 3
Recital 3
(3) The balance between enhancing social and working conditions for drivers and facilitatsuring the exercise of the freedom to provide road transport services based on fairnon- discriminatory competition between national and foreign operators isas enshrined in the Treaty and social and working conditions for drivers are crucial for the smooth functioning of the internal market.
Amendment 66 #
Proposal for a directive
Recital 4
Recital 4
(4) Having evaluated the effectiveness and efficiency of the current Union social legislation in road transport, certain loopholes in the existing provisions and deficiencies in their enforcement were identified. Furthermore a number of discrepancies exist between Member States in interpretation, application and implementation of the rules. This creates legal uncertainty and the illegal and unlawful practice of unequal treatment of drivers and operators in some Member States, which is detrimental to the working, social and competition conditions in the sector and, in some cases, leads to the populist rhetoric of so-called social dumping without clear and widely agreed definition, whilst more emphasis should be put on fighting against undeclared workers in the transport sector.
Amendment 72 #
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 driverransit and international transport operations as defined by Regulations 1072/200918 and 1073/200919 should not be subject to Directive 96/71/EC and Directive 2014/67/EU as 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. __________________ 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)
Amendment 74 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Having in mind the specific character of transport services and the direct impact on the free movement of goods, with special focus on road safety and security, roadside checks should be limited to the minimum. Drivers should not be liable for additional administrative obligations of their respective companies. Rules on working time should be controlled at the premises of the transport operator only.
Amendment 82 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) A time threshold should apply to cabotage operations as defined in Regulations (EU) No 1072/20091a and (EU) No 1073/20091b 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 beyond the time threshold set in Article 8(2) of Regulation (EU) No 1072/2009. __________________ 1a 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). 1b 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).
Amendment 87 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific and drivers as highly mobile workers, the Internal Market Information System (IMI), established by Regulation No 1024/20112 should be used for exchange of information between Member States and standardized forms of documents together with specific non-burdensome administrative and control requirements should also be established in the road transport sector, taking full advantage of control tools such as the digital tachograph.
Amendment 104 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles falling, where relevant and justified, within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past experiencontroversial experience of non-compliant practice in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.;
Amendment 123 #
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 cabotageransit and international transport operations as defined by Regulations (EC) No 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 driverhould not be subject to Directive 96/71/EC and Directive 2014/67/EU as companies cannot exercise the free movement of goods in other way than crossing borders of Member States, and therefore there is no direct competition with national companies in the case of transit and international transport operations and there is a clear link of the driver to the Member State of establishment of the company. _________________ 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)
Amendment 130 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) A time threshold should apply to cabotage operations as defined by Regulations 1072/2009 and 1073/2009 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 following the time threshold set in Article 8, paragraph 2 of the revised Regulation 1072/2009.* _________________ * Due to the ongoing revision of the Regulation 1072/2009, concrete article and paragraph numbers might need further alignment
Amendment 135 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – Part A – point 6
Annex I – Part A – point 6
Amendment 136 #
Proposal for a directive
Recital 13
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific and drivers, as highly mobile workers, a dedicated public interface of the Internal Market Information System (IMI), established by Regulation (EU) No 1024/2012 should be used for exchange of information between Member States, while operators of transport companies should also be able to submit and update all relevant documents, including the declaration, to the IMI system. Standardized forms of documents together with specific non- burdensome administrative and control requirements should also be established in the road transport sector, taking full advantage of control tools such as the digital tachograph.
Amendment 166 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles falling, where relevant and justified, within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.; Checks of compliance with the provisions of Directive 2002/15/EC shall be carried out solely at the premises of undertakings or digitally, via the IMI system."
Amendment 171 #
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 performingDirective 96/71/EC or Directive 2014/67/EU to transit and international carriagetransport operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month.
Amendment 175 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c
Article 1 – paragraph 1 – point 3 – point c
Directive 2006/22/EC
Article 2 – paragraph 4
Article 2 – paragraph 4
4. The information submitted to the Commission in accordance with Article 17 of Regulation (EC) No 561/2006 shall include the number of drivers checked at the roadside, the number of checks at the premises of undertakings, the number of working days checked at the premises and the number and type of infringements reported, together with a record of whether passengers or goods were transported.
Amendment 181 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 a (new)
Article 2 – paragraph 2 – subparagraph 1 a (new)
Directive 96/71/EC shall not apply to drivers engaged in road passenger transport activities, within the meaning of Regulation (EC) No 1071/2009.
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2006/22/EC
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Checks at premises shall be planned in the light of past alleged experience of non-compliant practices in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside.. Checks of weekly working times as set out in Directive 2002/15/EC shall be carried out only at the premises or digitally, via the IMI system ";
Amendment 188 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 200 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 a (new)
Article 2 – paragraph 2 – subparagraph 2 a (new)
By derogation from Article 1 of Directive 96/71/EC [as amended by COD 2016/0070], transport operations falling under the scope of this directive cannot be subject to rules on long-term posting.
Amendment 200 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b a (new)
Article 1 – paragraph 1 – point 6 – point b a (new)
Directive 2006/22/EC
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 205 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. By derogation from Article (...)* of the legislative act amending Directive 96/71/EC, transport operations failing under the scope of this Directive should be excluded from the non-universally applicable collective agreements.
Amendment 213 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 240 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2006/22/EC
Annex I – Part A – point 6
Annex I – Part A – point 6
Amendment 249 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Article establishes sector- specific rules and derogations as regards certain aspects of Directive 96/71/EC relating to the posting of drivers in the road transport sector and of Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of those drivers.
Amendment 255 #
Proposal for a directive
Article 2 – paragraph 4 – point a
Article 2 – paragraph 4 – point a
(a) an obligation for the road transport operator established in another Member State to send a posting declaration to the Internal Market Information System (IMI) or to submit to the national competent authorities at the latest at the commencement of the posting, in standardized, electronic form, in an developed and made available by the Commission, in any of the official languages of the host Member State or in EnglishUnion, containing only the following information:
Amendment 272 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iv
Article 2 – paragraph 4 – point a – point iv
(iv) the anticipated duration, envisaged beginning and end date of the posting;
Amendment 276 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply Directive 96 /71/EC or Directive 2014/67/EU to transit and international transport operations as defined by Regulations (EC) No 1072/2009 and 1073/2009. Member States shall 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 posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar monthcabotage operations, beyond the time threshold set in Article 8(2) of the revised Regulation (EC) No 1072/2009.
Amendment 300 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 307 #
Proposal for a directive
Article 2 – paragraph 4 – point d
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 ortransport manager or other contact person(s) in the Member State of establishment to make available in 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 driver, in any of the official languages of the Union within 14 working days of the request made by the relevant authorities 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)
Amendment 319 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
(e) an obligation for the driver to make available, where requested at the roadside control, in paper ortransport manager or other contact person(s) in the Member State of establishment to make available in 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 anthe driver´s payslips for the preceding two calendar months within 14 working days of the request made by other person or entity which may provide this copy relevant authorities of the host Member State;
Amendment 322 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2 a (new)
Article 2 – paragraph 2 – subparagraph 2 a (new)
Directive 96/71/EC shall not apply to drivers engaged in road passenger transport activities, within the meaning of Regulation (EC) No 1071/2009. Member States may however decide to apply Directive 96/71/EC to drivers engaged in cabotage operations in the framework of an occasional service, within the meaning of Regulation (EC) No 1073/2009, under the cumulative conditions that: – the cabotage operation is not preceded by an incoming international transport operation nor followed by an outgoing international transport operation. – the passenger transport operator and the group of passengers are not established nor do they reside in the same country.
Amendment 324 #
Proposal for a directive
Article 2 – paragraph 4 – point f
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),c) at the request of the authorities of the host Member State within a reasonable period of time;
Amendment 338 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 359 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by […] [The time limit for transposition will be as short as possible and, generally, will not exceed two years] at the latestthree years from the entry into force of this Directive, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 362 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from […... [COD 2016/0070 -revised Posting of Workers Directive] is applicable].
Amendment 366 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. The transport sector, due to its recognised highly mobile features, is exempt from the measures deriving from the legislative act amending Directive 96/71/EC.
Amendment 389 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. By derogation to Article 1* of ... [2016/0070 (COD)], transport operations falling under the scope of this Directive shall not be subject to rules on long-term posting. _________________ * Due to the ongoing revision of the Directive 96/71/EC, concrete article number might need further alignment.
Amendment 391 #
Proposal for a directive
Article 2 – paragraph 3 b (new)
Article 2 – paragraph 3 b (new)
3b. By derogation to Article 1* of ... [2016/0070 (COD)], transport operations falling under the scope of this Directive shall be excluded from the non- universally applicable collective agreements. _________________ * Due to the ongoing revision of the Directive 96/71/EC, concrete article number might need further alignment.
Amendment 403 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. By way of derogation from Article 9 of Directive 2014/67/EU Member States may only impose the following administrative requirements and control measures:
Amendment 412 #
Proposal for a directive
Article 2 – paragraph 4 – point a – introductory part
Article 2 – paragraph 4 – point a – introductory part
(a) 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 formubmit a declaration to the Internal Market Information (IMI) system or to send it to the national competent authorities at the latest at the commencement of the operation, in standardized electronic form, developed and made available by the Commission, in any official language of the host Member State or in EnglishEuropean Union, containing only the following information:
Amendment 430 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point ii
Article 2 – paragraph 4 – point a – point ii
(ii) the contact details of a transport manager or other contact person(s) in the Member State of establishment to liaise with the competent authorities of the host Member State, in which the services are provided and to send out and receive documents or notices;
Amendment 447 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iv
Article 2 – paragraph 4 – point a – point iv
(iv) the anticipated duration, envisaged beginning and end date of the posting;
Amendment 473 #
Proposal for a directive
Article 2 – paragraph 4 – point b
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 and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council.
Amendment 495 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 515 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 527 #
Proposal for a directive
Article 2 – paragraph 4 – point f
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 (ec), at the request of the competent authorities of the host Member State where the operator is established within a reasonable period of time;
Amendment 555 #
Proposal for a directive
Article 2 – paragraph 5
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. Checks and controls of employment contract or an equivalent document and payslips shall be carried out only at the premises or digitaly, via the IMI system.
Amendment 584 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by […] [The time limit for transposition will be as short as possible and, generally, will not exceed two years] at the latest... [three years from the entry into force of this Directive], the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 587 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
The transport sector, due to its recognised highly mobile nature, is exempt from the measures deriving from the legislative act amending Directive 96/71/EC until this Directive shall become applicable..
Amendment 591 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
They shall apply those provisions from […... [the date of entry into force of Directive 96/71/EC as amended by 2016/0070(COD)]..