7 Amendments of Robert ROCHEFORT related to 2017/0121(COD)
Amendment 59 #
Proposal for a directive
Recital 11
Recital 11
(11) In order to ensure the effective and proportionate implementation of Directive 96/71/EC in the road transport sector, it is necessary to establish sector-specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom to provide cross-border services for operators as well as the need to ensure that inter-company competition in the sector is fair. The provisions on posting of workers in Directive 96/71/EC, and on the enforcement of those provisions in Directive 2014/67/EU, apply to the road transport sector unless this Directive provides otherwise.
Amendment 79 #
Proposal for a directive
Recital 12
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link ofthe simple, readily understood concept of the link between a driver with aand the territory of a host Member State. Therefore, a time thresholdis link should be establcharacterished, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of y at least one commercial loading or unloading operation taking place in the host Member State. Furthermore, in order to eliminaternational 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 any uncertainty or complications for the Member States and for companies, and to avoid any disparity between workers, the minimum rate of pay and the minimum annual paid holidays of the host Member State should be apply to cabotageied to international transport and cabotage operations as defined by Regulations 1072/200918 and 1073/200919 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 88 #
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 administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph. Control tools should be strengthened, and specifically the smart tachograph should be introduced across the board as soon as possible, in order significantly to improve the monitoring of compliance with the rules on posting of drivers for international transport and cabotage operations.
Amendment 170 #
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 performing international carriage or cabotage 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 183 #
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
Amendment 210 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 361 #
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, the laws, regulations and administrative provisions necessary to comply with this Directive the laws, regulations and administrative provisions necessary to comply with this Directive in the same time frame as that set out under Article 2 of the legislative act amending Directive 96/71/EC. They shall forthwith communicate to the Commission the text of those provisions.