BETA

27 Amendments of Karima DELLI related to 2017/0122(COD)

Proposal for a regulation
Recital 1 a (new)

(1a) The President of the Commission Jean-Claude Juncker mentioned the foreseeable creation of a European Labour Authority in his State of the Union 2017 speech.

2018/02/02
Committee: EMPL

Karima DELLI, Keith TAYLOR, Bas EICKHOUT

Proposal for a regulation
Recital 1

(1) Good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe, efficient and socially accountable road transport sector. To facilitate that process it is essential that the Union social rules in road transport are clear, fit for purpose, easy to apply and to enforce and implemented in an effective and consistent manner throughout the Union. Measures to improve social rules should ensure coherence with the Commission's comprehensive strategy for a competitive transport system, in particular with regards to the objective set by the 2011 White Paper on Transport, which called for shifting 30% of road freight over 300 km to multimodal transport by 2030, and more than 50% by 2050.

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Recital 1 a (new)

(1a) Whereas the President of the European commission, Jean-Claude Juncker, mentioned the foreseeable creation of a European Labour Authority in his State of the Union address 2017;

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Recital 4 a (new)

(4a) In order to improve fair competition in the sector, working conditions of drivers and road safety, the scope of this regulation should include the use of vehicles for the transport of goods from a permissible mass of 2,4 tonnes;

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Recital 5

(5) The existing requirement on breaks turned out to be unsuitable and impractical for drivers in a team. Therefore, i~~t is appropriate to adapt the requirement on recording breaks to the specificity of the transport operations carried out by driv~~n accordance with the European Court of Justice ruling of 20 December 20181a, drivers should not spend their rest time in a drivers cab, whilst the vehicle is driven by anothers driv~~ing in a team.~~er. _________________ 1a Judgement in Case C-102/16 Vaditrans BVBA v Belgian state

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Recital 6

(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. ~~The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is~~Drivers fatigue often leads to a deterioration in road and driver safety and therefore needs reliable, easily understandable and enforceable rules to make it easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long.

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Recital 7 a (new)

(7a) In order to provide good quality affordable rest facilities, the Commission and Member States should encourage the establishment of social enterprises for the operation of rest facilities at parking spaces in cooperation with workers unions, or other bodies working to social improvements;

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Recital 7 b (new)

(7b) There are also differences among Member States in the way night and weekend driving bans are implemented. In order to establish a better functioning of the EU internal market, as well as in the interest of easy logistic planning, legal certainty, the social concerns of drivers and a fair level-playing field amongst Member States, the Commission should propose a harmonising EU framework for night and weekend driving bans.

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Recital 9 a (new)

(9a) In order to ensure that rules are clear, easy to understand and enforceable, information must be made accessible to the drivers. This should be achieved through the coordination of the Commission. Drivers should also receive information on rest areas and secure parking to allow for better planning of journeys. Furthermore, through the Commission's coordination a free telephone hotline should be installed to alert control services in case undue pressure is put on drivers, fraud or illegal behaviour.

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)

Regulation (EC) No 561/2006
Article 2 – paragraph 1

-1 In Article 2, paragraph 1 is amended as follows "1. This Regulation shall apply to the carriage by road: (a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds~~3,5~~ 2,4 tonnes, or (b) of passengers by vehicles which are constructed or permanently adapted for carrying more than nine persons including the driver, and are intended for that purpose~~. (http://eur-lex.europa.eu/resource.html?uri=cellar:5cf5ebde-d494-40eb-86a7-~~;" Or. en 2131294ccbd9.0005.02/DOC_1&format=PDF)

2018/02/27
Committee: TRAN

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c a (new)

Regulation (EC) 561 /2006
Article 22 – paragraph 4 a (new)

(ca) The following paragraph is added: “4a. In order to ensure that all Union rules for mobile workers are implemented in a fair, simple and effective way, a European Labour Authority shall be responsible for inspecting and enforcing the rules. It shall provide operational and legal support to Member States, the social partners and workers to enforce social legislation and undertake Union-wide inspections. The European Labour Authority shall be responsible for the monitoring and access to data contained in the national electronic registers.”;

2018/02/02
Committee: EMPL

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c b (new)

Regulation (EC) 561 /2006
Article 22 – paragraph 4 b (new)

(cb) The following paragraph is added: “4b. A Union list of road hauliers that do not meet the relevant legal requirements should be made public in order to ensure the greatest transparency. That Union list shall be based on common criteria developed at Union level and reviewed annually by the European Labour Authority. Road hauliers listed on the Union list shall be subject to an operating ban, which shall apply in all Member States. In exceptional cases, Member States may take unilateral measures. In an emergency, and when faced with an unforeseen security problem, Member States shall have the possibility of immediately issuing an operating ban for their own territory.”;

2018/02/02
Committee: EMPL

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

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

Regulation (EC) No 561/2006
Article 3 – paragraph 1 – point h

~~(h) vehicles or combinations of vehicles used for the non-commercial carriage of goods;~~deleted

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

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

Regulation (EC) No 561/2006
Article 4 – paragraph 1 – point r (new)

~~(r) 'non-commercial carriage' means any carriage by road, other than carriage for hire or reward or for own account, for which no remuneration is received and which does not generate any income.~~deleted

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)

Regulation (EC) No 561/2006
Article 6 – paragraph 1

(2a) In Article 6 , paragraph 1 is amended as follows "1. The daily driving time shall not exceed ~~nine~~eight hours. ~~(http://eur-lex.europa.eu/resource.html?uri=cellar:5cf5ebde-d494-40eb-86a7-~~However, the daily driving time may be extended to at most 9 hours not more than twice during the week." Or. en 2131294ccbd9.0005.02/DOC_1&format=PDF)

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)

Regulation (EC) No 561/2006
Article 6 – paragraph 2

(2b) In Article 6, paragraph 2 is amended as follows: "2. The weekly driving time shall not exceed 5648 hours and shall notever result in the maximum weekly working time laid down in Directive 2002/15/EC being exceeded. ~~(http://eur-lex.europa.eu/resource.html?uri=cellar:5cf5ebde-d494-40eb-86a7-~~" Or. en 2131294ccbd9.0005.02/DOC_1&format=PDF)

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Article 1 – paragraph 1 – point 2 c (new)

Regulation (EC) No 561/2006
Article 6 – paragraph 3

(2c) Article 6 (3) shall be amended as follows: "3. The total accumulated driving time during any two consecutive weeks shall not exceed 980 hours. " Or. en (http://eur-lex.europa.eu/resource.html?uri=cellar:5cf5ebde-d494-40eb-86a7- 2131294ccbd9.0005.02/DOC_1&format=PDF)

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)

Regulation (EC) No 561/2006
Article 7 – paragraph 1

(3a) Article 7, paragraph 1 shall be amended as follows "After a driving period of four ~~and a half~~ hours a driver shall take an uninterrupted break of not less than 4560 minutes, unless he takes a rest period. " Or. en (http://eur-lex.europa.eu/resource.html?uri=cellar:5cf5ebde-d494-40eb-86a7- 2131294ccbd9.0005.02/DOC_1&format=PDF)

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)

Regulation (EC) No 561/2006
Article 7 – paragraph 2

(3b) Article 7, paragraph 2 shall be amended as follows "This break may be replaced by a break of at least 1530 minutes followed by a break of at least 30 minutes each distributed over the period in such a way as to comply with the provisions of the first paragraph. " Or. en (http://eur-lex.europa.eu/resource.html?uri=cellar:5cf5ebde-d494-40eb-86a7- 2131294ccbd9.0005.02/DOC_1&format=PDF)

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

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

Regulation (EC) No 561/2006
Article 7 – paragraph 3

A driver engaged in multi-manning may decide to take a break of 45 minutes in a vehicle driven by another driver provided that the driver taking the break is not involved in assisting the driver driving the vehicle.;deleted

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

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

Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1

(a) in paragraph 6, the first subparagraph is replaced by the following: ‘6. In any four consecutive weeks a driver shall take at least: (a) four regular weekly rest periods, or (b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours. For the purposes of point (b), the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.’deleted

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

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

Regulation (EC) No 561/2006
Article 8 – paragraph 7

(b) paragraph 7 is replaced by the following: ‘7. Any rest period taken as compensation for a reduced weekly rest period shall immediately precede or follow a regular weekly rest period of at least 45 hours.;’deleted

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)

Regulation (EC) No 561/2006
Article 9a (new)

(6 a) The following Article shall be added: "Article 9 a Whilst Member States may introduce both night and weekend bans for commercial road transport, the Commission shall propose a harmonising EU framework for night bans from 22:00 pm to 6:00 am and weekend bans from Friday 22:00 pm to Monday 6:00 am to ensure easy logistic planning, legal certainty and a fair level- playing field amongst Member States."

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

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

Regulation (EC) No 561/2006
Article 12 – paragraph 2

Provided that road safety is not thereby jeopardised, the driver may depart from Article 8(2) and the second subparagraph of Article 8(6) to be able to reach a suitable accommodation as referred to in Article 8(8a) to take a daily or weekly rest there. Such a departure shall not result in exceeding daily or weekly driving times or shortening daily or weekly rest periods. The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the suitable accommodation.deleted

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EC) No 561/2006
Article 15

(9) Article 15 is replaced by the following: ‘Article 15 Member States shall ensure that drivers of vehicles referred to in Article 3(a) are governed by national rules which provide adequate protection in terms of permitted driving times and mandatory breaks and rest periods. Member States shall inform the Commission about the relevant national rules applicable to such drivers.;’deleted

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c a (new)

Regulation (EC) No 561/2006
Article 22 – paragraph 4 a (new)

(c a) In Article 22, the following paragraph shall be added: " 4a. In order to ensure that all EU rules for mobile workers are implemented in a fair, simple and effective way, a European Labour Authority shall be responsible for inspecting and enforcing the rules. It shall provide operational and legal support to Member States, social partners as well as workers to enforce social legislation and undertake European wide inspections. The European Labour Authority shall also be responsible for the monitoring and access to data contained in the national electronic registers."

2018/02/27
Committee: TRAN

Keith TAYLOR, Karima DELLI, Bas EICKHOUT

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point c b (new)

(c b) In Article 22, the following paragraph shall be added: "4b. A community list of road hauliers that do not meet the relevant legal requirements should be made public in order to ensure the greatest transparency. This community list should be based on common criteria developed at Community level and reviewed annually by the European Labour Authority. Road hauliers listed on the Community list should be subject to an operating ban. The operating prohibitions on the Community list should apply throughout the territory of the Member States. In exceptional cases, member States should be allowed to take unilateral measures. In an emergency, and when faced with an unforeseen security problem, member States should have the possibility of immediately issuing an operating ban for their own territory. Member States need to inform the European Labour Authority of their actions."

2018/02/27
Committee: TRAN