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Parliamentary question - E-012358/2013Parliamentary question
E-012358/2013

Separate social legislation for bus drivers and uniform fines for infringements of EU social legislation

Question for written answer E-012358-13
to the Commission
Rule 117
Elisabeth Jeggle (PPE) , Mathieu Grosch (PPE)

1. In the vote on 3 July 2012 (P7_TA(2012)0271) on the amendments to the proposal for a regulation amending Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 ((COM(2011)0451 — C70205/2011 — 2011/0196(COD)), large sections of Parliament accepted Amendment 6 tabled by the EPP Group, and specifically Mr Koch, inserting a new Recital 21a on separate social legislation for bus drivers. In the trilogue negotiations, however, that amendment and a number of other useful proposals along those lines have not been taken further.

Is the Commission planning to make adjustments to driving and rest periods specifically for bus drivers in connection with non-scheduled services?

Justification: With the exception of the 12-day rule, which, as it stands at present, is not applied to any great extent, current provisions make no allowances for specific conditions obtaining in the coach sector. The inflexible provisions on driving and rest periods under Regulation (EC) No 561/2006 are geared to heavy goods vehicles and prevent passengers' and drivers' needs from being met, thus constituting a major problem for the sector.

2. How infringements of driving and rest period provisions and EU social legislation are penalised varies to an extreme extent across Europe. In some cases, in addition, very minor infringements promptly result in swingeing fines. Standardised categories of infringements are set out in the annex to Commission Directive 2009/5/EC. Member States' catalogues of measures do not always make it clear, however, that the focus at all times is on increasing road safety.

Is the Commission planning to standardise penalties across the EU? Is the Commission planning to provide a standard EU definition of the principle of proportionality with regard to road transport penalties?

Justification: Under Article 19(1) and (4) of Regulation (EC) No 561/2006, penalties must be proportionate. That was spelled out in the European Court of Justice judgment of 9 February 2010 (in Case C-210/10). Distinctions must be made in the light of the seriousness of the infringements concerned. In many Member States, that is evidently not the case.

OJ C 221, 11/07/2014