54 Amendments of Ismail ERTUG related to 2017/0121(COD)
Amendment 44 #
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment, and freedom to provide services are fundamental principles of the internal market in the Union; they are enshrined in the Treaty on the Functioning of the European Union (TFEU) and are essential to a properly functioning internal market. The implementation and enforcement of those principles is further developed by the Union, aimed at guaranteeing a level playing field for businesses, combating the circumvention of rules, respecting workers’ rights, improving working conditions, and enhancing social cohesion among Member States. In order to create a safe, efficient and socially responsible road transport sector, it is therefore necessary to ensure adequateequal pay for equal work at the same place, decent working conditions and social protection for drivers, on the one hand, and suitable business and fair competition conditions for operators, on the other.
Amendment 51 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) In order to ensure that control measures for the posting of drivers in the road transport sector are correctly applied as defined by Directives 96/71/EC and 2014/67/EU, controls and cooperation at Union level to tackle fraud relating to the posting of drivers should be strengthened and stricter checks should be carried out; bearing in mind that the transport sector is one of the most vulnerable sectors, and that working conditions should be significantly improved in order to increase the attractiveness of the profession, there is a need to ensure that social contributions for posted drivers are actually paid and that social protection is respected.
Amendment 58 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The road transport sector is highly competitive and characterized by a dimension of distortions generated by abusive forum shopping practices of undertakings in order to lower or avoid costs on wages and social security contributions or other social and working conditions which led to a race to the bottom competition in the past; whereas the internal market would benefit from a level playing field, further steps should be taken to prevent abusive practices by road transport operators though forum shopping, therefore the Commission is asked to evaluate and propose further horizontal measures in European Company law to end regime shopping and regulatory arbitrage by road transport operators.
Amendment 70 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to ensure that control measures for the posting of drivers in the road transport sector are correctly applied as defined by Directives 96/71/EC and 2014/67/EU, controls and cooperation at Union level to tackle fraud relating to the posting of drivers should be strengthened and stricter checks should be carried out; bearing in mind that the transport sector is one of the most vulnerable sectors, and that working conditions should be significantly improved in order to increase the attractiveness of the profession, there is a need to ensure that social contributions for posted drivers are actually paid and that social protection is respected.
Amendment 91 #
Proposal for a directive
Recital 9
Recital 9
(9) Difficulties have also been experienced in applying the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council15 and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council16 to the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated highnot only unnecessary administrative burdens for non-resident Union operators. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on joboperators but also a high degree of legal uncertainty for drivers. _________________ 15 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.97, p.1) 16 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
Amendment 93 #
Proposal for a directive
Recital 10
Recital 10
(10) The Commission, in its proposal of 8 March 201617 for the revision of Directive 96/71/EC, recognized that the implementation of that Directive raises particular legal questions and difficulties in the highly mobile road transport sector and indicated that those issues should be best addressed through sector-specific road transport legislation; however, the road transport sector being highly competitive and characterized by distortions and abusive practices by road transport operators, further horizontal measures such as the protective minimum provisions of Directive 96/71/EC should be applied to all activities, including cabotage and international transports. _________________ 17 COM(2016)128
Amendment 95 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Given the fact that there is a lack of drivers in Europe, working conditions should be significantly improved in order to increase the attractiveness of the profession.
Amendment 96 #
Proposal for a directive
Recital 11
Recital 11
Amendment 113 #
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 establishCabotage operations as defined, 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 entiry Regulations (EC) No 1072/200918 and 1073/200919are service provisions which are covered by Directive 96/71/EC as the transport operation is entirely taking place in a hostnother Member State. As a consequence the minimum rate of payremuneration 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)
Amendment 141 #
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 workersexisting Directive 96/71/EC in all activities of road transport sector and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachographand the smart tachographs, which have to be installed in all vehicles used in international transport on a mandatory basis, no later than the 2nd of January 2020.
Amendment 143 #
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 workersDirective 96/71/EC in the transport sector and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph, which has to be introduced on a mandatory basis by the 2nd of January2020, at the latest.
Amendment 146 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to ensure a fair and level playing field for workers and business there is a need to make progress towards smart enforcement and to provide all possible support for the full introduction and use of risk-rating systems. To this end, the enforcement authorities need to be given real-time access to national electronic registers (NERs), while making maximum use of the European Register of Road Transport Undertakings (ERRU). The establishment of the European Land Transport Agency, whose main competence would be to improve the compliance culture in road transport and providing support for policymaking in the sector at both EU and national level, would also ensure better cross-border enforcement of the EU rules applicable to road transport.
Amendment 170 #
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 of all transport categories falling 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 196 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2006/22/EC
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) upon reasonedspecific request by a Member State in individual cases.
Amendment 197 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a a (new)
Article 1 – paragraph 1 – point 6 – point a a (new)
Directive 2006/22/EC
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
(aa) in paragraph 1, the introductory part is replaced by the following: "1. Information made available bilaterally under Article 17(322(2) of Regulation (EEC) No 3820/85561/2006 or Article 19(3)40 of Regulation (EECU) No 3821/85165/2014 shall be exchanged between the designated bodies notified to the Commission in accordance with Article 7(2): :" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1518624583507&uri=CELEX:32006L0022)
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 1
Article 8 – paragraph 1 a – subparagraph 1
Member State shall submitprovide the information requested by other Member States pursuant to paragraph 1(b) of this Article within 25 working days from the receipt of the request in cases requiring in- depth examination or involving checks at premises of the undertakings concerned. A shorter time limit may be mutually agreed between the Member States. In urgent cases or cases requiring simple consultation of registers, such as of a risk rating system, the requested information shall be submitted within three working days.
Amendment 208 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 2
Article 8 – paragraph 1 a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within 105 working days. The requesting Member State shall further substantiate the request and the Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. Where this is not possible, the request may be rejected by the requested Member State. In such a case, the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate.
Amendment 210 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 2
Article 8 – paragraph 1 a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within 10five working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.
Amendment 213 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 3
Article 8 – paragraph 1 a – subparagraph 3
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Directive 2006/22/EC
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
The Commission shall, by means of implementing acts, establish a common formula for calculating a risk rating of undertakings, which shall take into account the number, severity and frequency of occurrence of infringements as well as the results of controls where no infringement has been detected and whether a road transport undertaking has been using the smart tachograph, pursuant to Chapter II of Regulation (EU) No 165/2014, on all its vehicles. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this Directive.
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c a (new)
Article 1 – paragraph 1 – point 7 – point c a (new)
Directive 2006/22/EC
Article 9 – paragraph 5 a
Article 9 – paragraph 5 a
(ca) the following paragraph 5a is added: 5a. The smart tachograph, whose data have to indicate the exact positioning of the drivers and in particular when the drivers cross the borders over the span of a 56-day period, shall be introduced on all vehicles engaged in international transport and cabotage no later than the 2nd of January 2020;
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
4. In order to facilitate targeted roadside checks, the data contained in the national risk rating system shall be accessible at the time of control to all the competent control authorities of the Member State concerneds.;
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
5. Member States shall make the information contained in the national risk rating system available upon request or directly accessibledirectly accessible through the European Register for Road Transport Undertakings and to all competent authorities of other Member States in accordance with the time limits set out in Article 8.;
Amendment 232 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2006/22/EC
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 250 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Article establishes specific rules as regards certain aspectsthe enforcement 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 253 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. In order to facilitate the checks and make controls more effective, Member States shall ensure that transport operators use smart tachographs as referred to in Article 8 of Regulation (EU) No 165/2014 in vehicles which are used for international transport operations and cabotage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009, as well as for road leg of combined transport as defined in Directive 1992/106/EC.
Amendment 254 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. The smart tachograph, whose data have to indicate the exact positioning of the drivers and in particular when the drivers cross the borders over the span of a 56-day period, shall be introduced on all vehicles engaged in international transport and cabotage no later than the 2nd of January 2020;
Amendment 259 #
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
1b. The smart tachograph, whose data will indicate the location of drivers over the span of a 56-dayperiod shall be introduced on all vehicles engaged in international transport and cabotage by the 2nd of January 2020, at the latest.
Amendment 262 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
Amendment 290 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 a (new)
Article 2 – paragraph 2 – subparagraph 1 a (new)
The provisions of Directive 96/71/EC as amended by ... [2016/0070 (COD)] as well as the enforcement Directive 2014/67/EU shall apply to transport undertakings performing cabotage operations, as well as to the incoming or outgoing carriage of goods by road as one leg of a combined transport journey, as laid down in Council Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States.
Amendment 294 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 b (new)
Article 2 – paragraph 2 – subparagraph 1 b (new)
The provisions of these Directives shall also apply to the international transport as long as the posting conditions specified in Article 1.3 of Directive 96/71/EC as amended by ... [2016/0070 (COD)] are met.
Amendment 301 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 303 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 337 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 339 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 397 #
Proposal for a directive
Article 2 – paragraph 4 – introductory part
Article 2 – paragraph 4 – introductory part
4. Member States may only impose the following administrative requirements and control measures necessary to ensure effective monitoring of compliance with the obligations arising from this Directive and Article 9 of Directive 2014/67/EU, provided that they are justified in accordance with Union law and relatively. To this end Member States may, in particular, provide for the following measures:
Amendment 410 #
(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 atprior to the commencement of the posting, in electronic forma standardised electronic form developed and made available by the Commission, at the latest 2 years after the publication of this Directive, in an official language of the host Member State or in English, containing onlyat least the following information:
Amendment 433 #
Proposal for a directive
Article 2 – paragraph 4 – point a – point iii
Article 2 – paragraph 4 – point a – point iii
(iii) the anticipated number and the identities of posted drivinformation about the posted drivers including at least the following: the identity, the country of residence, the country where the labour contract is based, the country of payment of social contributions and the social security numbers;
Amendment 466 #
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 paroad transport oper ator 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 Councilto provide the driver with the following documents for the purpose of road sidechecks:.
Amendment 475 #
Proposal for a directive
Article 2 – paragraph 4 – point b – point i (new)
Article 2 – paragraph 4 – point b – point i (new)
(i) a copy of the posting declaration in paper or electronic form;
Amendment 477 #
Proposal for a directive
Article 2 – paragraph 4 – point b – point ii (new)
Article 2 – paragraph 4 – point b – point ii (new)
(ii) evidence of the transport operation taking place in the host Member State as referred in the legal act amending Regulation (EC) No 1072/2009 of the European Parliament and the Council;
Amendment 478 #
Proposal for a directive
Article 2 – paragraph 4 – point b – point iii (new)
Article 2 – paragraph 4 – point b – point iii (new)
(iii) the electronic CMR;
Amendment 479 #
Proposal for a directive
Article 2 – paragraph 4 – point b – point iv (new)
Article 2 – paragraph 4 – point b – point iv (new)
(iv) a copy of the employment contract in (one of) the official languages of the host Member State, or in English;
Amendment 480 #
Proposal for a directive
Article 2 – paragraph 4 – point b – point v (new)
Article 2 – paragraph 4 – point b – point v (new)
(v) a copy of the payslips for the past two months, in paper or electronic form;
Amendment 484 #
Proposal for a directive
Article 2 – paragraph 4 – point c
Article 2 – paragraph 4 – point c
Amendment 494 #
Proposal for a directive
Article 2 – paragraph 4 – point d
Article 2 – paragraph 4 – point d
Amendment 512 #
Proposal for a directive
Article 2 – paragraph 4 – point e
Article 2 – paragraph 4 – point e
Amendment 536 #
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), at the request of the authorities of the host Member State within a reasonable period of time5 days from the request;
Amendment 546 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Evidence referred to in Article 2, paragraph 4 shall be kept on the vehicle and presented to the authorised inspecting officers of the host Member State in the event of roadside checks.
Amendment 553 #
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 aTo safeguard that the provisions of Directive 96/71/EC as amended by ... [2016/0070 (COD)] 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 poasting declaration covering a period of a maximum of six months 56 days; (b) the electronic consignment notes of the current day and of the past 56 days; (c) the documents referred to in paragraph 4 of this Article.
Amendment 559 #
Proposal for a directive
Article 2 – paragraph 5 – point a (new)
Article 2 – paragraph 5 – point a (new)
(a) the electronic consignment notes of the current day and the past 56 days;
Amendment 560 #
Proposal for a directive
Article 2 – paragraph 5 – point b (new)
Article 2 – paragraph 5 – point b (new)
(b) the documents referred to in Article 2, paragraph 4 (a) (b) and (f);
Amendment 562 #
Proposal for a directive
Article 2 – paragraph 5 a (new)
Article 2 – paragraph 5 a (new)
5a. 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 and the application of this Directive the competent authorities of the Member States shall cooperate closely and provide each other with mutual assistance and all relevant information, within the conditions laid down in Directive 2014/67/EU and in Regulation (EC) No1071/2009.
Amendment 567 #
Proposal for a directive
Article 2 – paragraph 5 b (new)
Article 2 – paragraph 5 b (new)
5b. For the purpose to increase the effectiveness of cross-border enforcement and of targeted checks, the Member States shall provide all relevant authorities real time access to the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012, to the European Register for Road Transport Undertakings, to the national electronic registers established by Regulation (EC) No 1071/2009, to posting declaration and to any other relevant databases;