48 Amendments of Georges BACH related to 2017/0122(COD)
Amendment 1 #
Proposal for a regulation
Recital 1
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, which is able to attract qualified workers. To facilitate that process it is essential that the Union social rules in road transport are clear, proportionate, fit for purpose, easy to apply and to enforce and implemented in an effective and consistent manner throughout the Union.
Amendment 2 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
The creation of a European Labour Authority could play an important role in enforcing the rules laid down in this Regulation, in particular by helping national authorities to coordinate checks, exchange information and best practices and to train inspectors.
Amendment 3 #
Proposal for a regulation
Recital 2
Recital 2
(2) Having evaluated the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council9 , certain deficiencies were identified in the existingimplementation of the legal framework. Unclear and unsuitable rules on weekly rest, resting facilities, breaks in multi-manning and the absence of rules on the return of drivers to their home or another location chosen by the driver, lead to diverging interpretations and enforcement practices in the Member States. Several Member States recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators. -------------------------------------------------- 9 Regulation (EC) No 561/2006 of 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).
Amendment 4 #
Proposal for a regulation
Recital 6
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 adaptIt is thus desirable to enforce the application of the provision on the regular weekly rest in such a way that it is 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 alsoTo ensure secure and decent working conditions, it is necessary to provide thatfor operators to organise the work of drivers in such a way that these periods away from their home are not excessively long and, that drivers have the possibility to return home on a regular basis and are able to benefit from decent rest conditions in quality accommodation. Where a driver chooses to spend this rest period at home, the transport undertaking should provide the driver with the financial or practical means to return there. Moreover, the duration of the return journey should not be taken into account for the purposes of calculating the length of the rest period. Where drivers choose to spend the rest period in a place other than their home, this should not be taken into account for the purposes of calculating the driver’s entitlement to travel allowances.
Amendment 5 #
(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. In order to ensure good working conditions and the safety of drivers, it is therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate accommodation for their regular weekly rest periods if they are taken away from homequality and gender friendly accommodation or another location as chosen by the driver and paid for by the employer for their regular weekly rest periods if they are taken away from home. Member States should ensure the availability of sufficient secure parking areas that are adapted to the needs of the drivers.
Amendment 6 #
Proposal for a regulation
Recital 11
Recital 11
(11) To enhance cost-effectiveness ofand to simplify enforcement of the social rules the potential of the current and future tachograph systems should be fully exploited. Therefore the functionalities of the tachograph should be improved to allow for more precise positioning, in particular during international transport operations. The Commission should explore the possibility to set up a road transport portal, such as GNSS, that would allow national authorities to fully exploit the potential of the smart tachograph.
Amendment 7 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The rapid development of new technologies and digitalisation throughout the Union economy and the need for a level playing field among companies in international road transport make it necessary to shorten the transitional period for the installation of the smart tachograph in registered vehicles. The smart tachograph will contribute to a better monitoring of the application of Union law in the road transport sector and to simplified checks, and will thus facilitate the work of national authorities. The installation of the smart tachograph in registered vehicles shall be foreseen as mandatory as soon as possible and no later than January 2021.
Amendment 8 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) The use of light commercial vehicles for the transport of goods is on the increase, resulting in the development of unfair competition and differences in the application of Regulation (EC) 561/2006 leading to disparities in working conditions and compromising road safety. In order to improve road safety and drivers’ working conditions, the scope of Regulation (EC) No 561/2006 should include light commercial vehicles used for the transport of goods, unless the vehicle is used for the own account of the company or the driver, or if driving does not constitute the main activity of the person driving the vehicle.
Amendment 9 #
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) In order to guarantee appropriate health and safety standards for drivers, the establishment or upgrading of secure parking areas, adequate sanitary facilities and quality accommodation is necessary. A sufficient network of parking areas should exist within the Union.
Amendment 10 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,5tonnes,-1) In Article 2(1), point (a) is replaced by the following: "(a) of goods; or”
Amendment 11 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 561/2006
Article 3 – point h
Article 3 – point h
(h) vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used for the non-commercial carriage of goods;”
Amendment 12 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 561/2006
Article 3 – point h a (new)
Article 3 – point h a (new)
(1a) in Article 3, the following point is inserted: “(ha) light commercial vehicles that are used for the transport of goods, where the transport is not effected for hire or reward, but on the own account of the company or the driver, or where driving does not constitute the main activity of the person driving the vehicle.
Amendment 13 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 4 – point r a (new)
Article 4 – point r a (new)
(2a) in Article 4, the following point is added: “(ra) 'home' means the registered residence of the driver in a Member State.”
Amendment 14 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Amendment 15 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – introductory part
Article 8 – paragraph 8 a – introductory part
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle. They shall be taken in a suitable accommodation, with adequate sleeping and sanitary facilities;quality and gender friendly accommodation, outside the cabin, with adequate sanitary and sleeping facilities for the driver, (a) either provided or paid for by the employer, or (b) at home or at another location chosen by the driver.
Amendment 16 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of three consecutive weeks;home or at another location chosen by the driver within each period of three consecutive weeks. The driver shall inform the transport undertaking in writing before such rest period if it will be taken in a place other than the driver’s home. When a driver chooses to take this rest at home, the transport undertaking shall provide the driver with the financial or practical means to return home. The duration of the driver’s return journey shall not be taken into account for the purposes of calculating the length of the rest period. Where a driver chooses to spend the rest period in a place other than home, the undertaking shall not deduct the travel costs from the driver’s entitlement to travel allowances. 8c. On …[the date of entry into force of this Regulation], and every two years, Member States shall submit a report to the Commission on the availability of suitable rest facilities for drivers and secured parking facilities on their national territory. The Commission shall adopt, implementing acts establishing a common format for Member States’ biennial reports, in accordance with the advisory procedure referred to in Article 24(2).
Amendment 17 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 561/2006
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 18 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
Regulation (EU) No 165/2014
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 19 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) No 165/2014
Article 34 – paragraph 7
Article 34 – paragraph 7
Amendment 28 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The carriage of goods is significantly different from the carriage of passengers. Drivers of coaches or busses are in close contact with their passengers and should be able to have more flexibility in taking breaks without extending driving times or reducing rest times and breaks.
Amendment 13A #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Regulation (EC) No 561/2006
Article 4 – paragraph r b (new)
Article 4 – paragraph r b (new)
(rb) ‘light commercial vehicle” means a vehicle used for the carriage of goods and having a permissible maximum laden mass including any trailer, or semi-trailer, not exceeding 3,5 tonnes.
Amendment 54 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In order to improve road safety and the working conditions of drivers, the scope of this Regulation should include the use of vehicles for the transport of goods with a permissible mass between 2,4 tonnes and 3,5 tonnes operating outside a radius of 200 kilometres from the base of the undertaking.
Amendment 56 #
Proposal for a regulation
Recital 2
Recital 2
(2) Having evaluated the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council9 , certain deficiencies were identified in the existing legal framework. Unclear and unsuitable rules on weekly rest, resting facilities, breaks in multi- manning and the absence of rules on the return of drivers to their home, lead to diverging interpretations and enforcement practices in the Member States. Several Member States recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators. _________________ 9 Regulation (EC) No 561/2006 of 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).
Amendment 66 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) A European Labour Authority could play an important role in enforcing the rules laid down in this Regulation, in particular by helping national authorities to coordinate controls, exchange information and best practices and to train inspectors.
Amendment 72 #
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) In its resolution on the Implementation of the White Paper on Transport from 2011, the European Parliament considered the creation of a European Road Agency in order to ensure proper implementation of Union law and promote standardisation across all Member States.
Amendment 73 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The carriage of goods is significantly different from the carriage of passengers. Drivers of coaches or buses are in close contact with their passengers and should be able to have more flexibility in taking breaks without extending driving times or reducing rest times and breaks.
Amendment 78 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(-1) in Article 2(1), point (a) is replaced by the following: (a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,52,4 tonnes, or
Amendment 80 #
Proposal for a regulation
Recital 6
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 Due to the curresnt unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is 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 alsolack of secure parking and adequate resting facilities, it is necessary to provide thatfor operators to organise the work of drivers in such a way that these periods away from home are not excessively long and that drivers have the possibility to return home on a regular basis.
Amendment 84 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 561/2006
Article 3 – point h a (new)
Article 3 – point h a (new)
(1a) in Article 3, the following point is inserted: “(ha) light commercial vehicles with a maximum permissible mass between 2,4 tonnes and 3,5 tonnes used for the transport of goods in a radius of 200 kilometres from the base of the undertaking”;
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EC) No 561/2006
Article 4 – point b a (new)
Article 4 – point b a (new)
(1a) in Article 4, the following point (ba) is added: (ba) “light commercial vehicle” means a vehicle with a maximum permissible laden mass between 2,4 tonnes and 3,5 tonnes used for the transport of goods;”
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 561/2006
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
(4a) in Article 7 the following paragraph is added: “For the carriage by road of passengers, the driver may choose to take a break of at least 30 minutes followed by a break of at least 15 minutes each distributed over the period in such a way as to comply with the provisions of the first paragraph.”
Amendment 138 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of three consecut weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home or at another private location chosen by the driver. The work of the driver shall thus be organized in a way that the time spent travelling home would not reduce the driver's weekly rest. The driver shall inform the transport undertaking no later than one month before such rest period if it will be taken in a place other than the driver's home. When a driver chooses to take this rest at home, the transport undertaking shall provide the driver weeks. ith the means to return home.
Amendment 142 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) In order to improve road safety and the working conditions of drivers, the scope of this Regulation should include the use of vehicles for the transport of goods with a permissible mass between 2,4 tonnes and 3,5 tonnes operating outside a radius of 200 kilometres from the base of the undertaking.
Amendment 147 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
Amendment 151 #
Proposal for a regulation
Recital 11 c (new)
Recital 11 c (new)
(11c) In its resolution on the Implementation of the White Paper on Transport from 2011, the European Parliament considered the creation of a European Road Agency in order to ensure proper implementation of Union law and promote standardisation across all Member States.
Amendment 153 #
Proposal for a regulation
Recital 11 d (new)
Recital 11 d (new)
(11d) The rapid development of new technologies and digitalisation throughout the Union economy and the need for a level playing field among companies in international road transport make it necessary to shorten the transitional period for the installation of the smart tachograph in registered vehicles. The smart tachograph will contribute to simplified controls and thus facilitate the work of national authorities.
Amendment 155 #
Proposal for a regulation
Recital 11 e (new)
Recital 11 e (new)
(11e) In order to guarantee appropriate health and safety standards for drivers who cannot reach home for a weekly rest period, more efforts are needed to secure financing for the establishment or upgrading of secure parking areas, adequate sanitary facilities and adequate accommodation.
Amendment 161 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point (a)
Article 2 – paragraph 1 – point (a)
-1 In Article 2, paragraph 1, point (a) is replaced by the following: "Article 2 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 3,52,4 tonnes, or " Or. en (http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32006R0561)
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 561/2006
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used for the non-commercial carriage of goods;
Amendment 177 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 (new)
Article 1 – paragraph 1 – point 1 (new)
Regulation (EC) No 561/2006
Article 3 – paragraph 1 – point h a (new)
Article 3 – paragraph 1 – point h a (new)
(ha) light commercial vehicles with a maximum permissible mass between 2,4 tonnes and 3,5 tonnes used for the transport of goods in a radius of 200 kilometres from the base of the undertaking;
Amendment 192 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Regulation (EC) No 561/2006
Article 4 – paragraph 1 – point r a (new)
Article 4 – paragraph 1 – point r a (new)
(ra) In Article 4, the following point is added: ""light commercial vehicle" means a vehicle with a maximum permissible laden mass between 2,4 tonnes and 3,5 tonnes used for the transport of goods;"
Amendment 194 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 (new)
Article 1 – paragraph 1 – point 2 (new)
Regulation (EC) No 561/2006
Article 4 – point r b (new)
Article 4 – point r b (new)
(rb) In Article 4, the following point is added: ""home" means the place of residence of the driver."
Amendment 235 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 561/2004
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
(4a) In Article 7, the following paragraph is added: "For the carriage by road of passengers, the driver may choose to take a break of at least 30 minutes followed by a break of at least 15 minutes each distributed over the period in such a way as to comply with the provisions of the first paragraph."
Amendment 242 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – point 6 – subparagraph 1
Article 8 – point 6 – subparagraph 1
Amendment 289 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a b (new)
Article 1 – paragraph 1 – point 5 – point a b (new)
Regulation (EC) No 561/2004
Article 8 – paragraph 6 a – subparagraph 1
Article 8 – paragraph 6 a – subparagraph 1
(a b) In Article 8, paragraph 6 a, the subparagraph is amended as follows: "‘6a. By way of derogation from paragraph 6, a driver engaged in a singlen occasional service of international carriage of passengers, as defined in 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 (14), may postpone the weekly rest period for up to 12 consecutive 24- hour periods following a previous regular weekly rest period, provided that: (ab) the service lasts at least 24 consecutive hours in a Member State or a third country to which this Regulation applies other than the one in which the service started; (b) the driver takes afterdriver takes after the use of the derogation: (i) either two regular weekly rest periods; or (ii) one regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the useend of the derogation: (i) either two regular weekly rest periods; or period;" Or. en ((http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32009R1073))
Amendment 352 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
Article 8 – paragraph 8 b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within each period of three consecutor at another private location chosen by the driver. The work of the driver shall thus be organized in a way that the time spent travelling home would not reduce the driver's weekly rest. The driver shall inform the transport undertaking no later than one month before such rest period if it will be taken in a place other than the driver's home. When a driver chooses to take this rest at home, the transport undertaking shall provide the driver weeks.;ith the means to return home.
Amendment 401 #
(6 a) In Article 10, paragraph 1 is replaced by the following: "Article 10 1. A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation. ." Or. en (http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32006R0561)
Amendment 447 #
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
-1 In Article 3 , paragraph 4 is amended as follows: ""4. 5 years after newly registered vehicles are required to have a tachograph as provided in Articles 8, 9 and 10, vehicles operating in a Member State other than their Member State of registration shall be fitted with such a tachograph."" Or. en (http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32014R0165)