REPORT on the proposal for a regulation of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator

31.3.2008 - (COM(2007)0263 – C6‑0145/2007 – 2007/0098(COD)) - ***I

Committee on Transport and Tourism
Rapporteur: Silvia-Adriana Ţicău

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator

(COM(2007)0263 – C6‑0145/2007 – 2007/0098(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0263),

–   having regard to Articles 251(2) and 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0145/2007),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism (A6‑0087/2008),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the Commission	Amendments by Parliament
Amendment 1 Recital 7
(7) The natural persons with the requisite good repute and professional competence should be clearly identified and designated to the competent authorities. Such persons, referred to as "transport managers", should be those who continuously and effectively run the transport activities of road transport undertakings. It is appropriate to specify the conditions under which a person is considered to manage, continuously and effectively, a transport activity in an undertaking.	(7) The natural persons with the requisite good repute and professional competence should be clearly identified and designated to the competent authorities. Such persons, referred to as "transport managers", should be those who are resident in a Member State and continuously and effectively run the transport activities of road transport undertakings. It is appropriate to specify the conditions under which a person is considered to manage, continuously and effectively, a transport activity in an undertaking.
Justification
It should be a mandatory condition for a transport manager to be a resident of a Member State.
Amendment 2 Recital 8 a (new)
	(8a) The Commission should be pursuing the aim of ensuring that serious offences are punished with the same rigour in the different Member States, and taking appropriate measures to that end.
Justification
After classifying the offences an approximation of the relevant penalties should also be carried out.
Amendment 3 Recital 9
(9) A road transport undertaking must have a minimum financial standing to ensure proper launching and proper administration of the undertaking. The current method based on a minimum threshold for capital and reserves leaves a great deal of uncertainty about the financial resources to be taken into account, and does not guarantee that an undertaking has the ability to meet its short-term commitments. It is appropriate to use other, better defined and more relevant financial indicators which can be established on the basis of the annual accounts. Undertakings which so wish should be afforded the possibility of demonstrating their financial standing with a bank guarantee, which may constitute a simpler and less expensive method for them.	(9) A road transport undertaking must have a minimum financial standing to ensure proper launching and proper administration of the undertaking. It is appropriate to use well defined relevant financial indicators which can be established on the basis of the annual accounts. Undertakings which so wish should be afforded the possibility of demonstrating their financial standing with a bank guarantee or other financial instrument such as insurance, which may constitute a simpler and less expensive method for them.
Justification
For the concordance with AM 40 and AM 37.
Amendment 4 Recital 10
(10) A high level of professional qualification should increase the socio-economic efficiency of the road transport sector. It is therefore appropriate that applicants for the post of transport manager should undergo high-quality training. To ensure greater uniformity of training and examination and transparency vis-à-vis applicants, it is appropriate to provide that the Member States accredit examination and training centres according to criteria to be defined by them. On the grounds of fairness and transparency, it is also appropriate that all applicants, including those who, because they have experience or a diploma, may be exempted from compulsory initial training, should pass an examination. Since the completion of the internal market, the national markets are no longer separate. Consequently, those responsible for managing transport activities should possess the requisite knowledge for managing both national and international transport operations. The list of subjects of which knowledge is required in order to obtain a certificate of professional competence and the procedures for the organisation of examinations are likely to evolve with technical progress, and provision should be made for updating them.	(10) A high level of professional qualification should increase the socio-economic efficiency of the road transport sector. It is therefore appropriate that applicants for the post of transport manager should undergo high-quality training. To ensure greater uniformity of training and examination and transparency vis-à-vis applicants, it is appropriate to provide that the Member States accredit examination and training centres according to criteria to be defined by them. Since the completion of the internal market, the national markets are no longer separate. Consequently, those responsible for managing transport activities should possess the requisite knowledge for managing both national and international transport operations. The list of subjects of which knowledge is required in order to obtain a certificate of professional competence and the procedures for the organisation of examinations are likely to evolve with technical progress, and provision should be made for updating them.
Justification
The compulsory training does not mean necessary a good knowledge for managing both national and international transport operation. A specific training, as described in Exhibit II, is useful and it should be in the interest of transport undertakings to train their employees, but an exam should be the right form to prove the knowledge acquired.
Amendment 5 Recital 11
(11) Fair competition and road transport that is fully compliant with the rules call for a uniform level of monitoring by Member States. The national authorities responsible for monitoring undertakings and the validity of their authorisations have a crucial role to play in this respect, and it is appropriate to ensure that they take suitable measures if necessary, in particular by suspending or withdrawing authorisations, or declaring as unsuitable transport managers who are negligent or act in bad faith. An undertaking should, however, be warned in advance and should have a reasonable period of time within which to rectify the situation before incurring such sanctions.	(11) Fair competition and road transport that is fully compliant with the rules call for a uniform level of monitoring by Member States. The national authorities responsible for monitoring undertakings and the validity of their authorisations have a crucial role to play in this respect, and it is appropriate to ensure that they take suitable measures if necessary, in particular in the most serious cases by suspending or withdrawing authorisations, or declaring as unsuitable transport managers who are negligent or act in bad faith. This must be preceded by due consideration of the measure with respect to the proportionality principle. An undertaking should, however, be warned in advance and should have a reasonable period of time within which to rectify the situation before incurring such sanctions.
Justification
Seeks to ensure that account continues to be taken of the existing differences between the Member States with regard to the administration and enforcement of measures to deal with the most serious infringements. Cooperation in this area must therefore take place with due regard to proportionality as it applies in the Member State which issued the authorisation and is responsible for supervision.
Amendment 6 Recital 22
(22) The Commission should, in particular, be authorised to draw up a list of categories, types and degrees of seriousness of infringements leading to the loss of the requisite good repute of road transport operators, to adapt to technical progress the Annex to this Regulation concerning the knowledge to be taken into consideration for the recognition of professional competence by the Member States and the Annex concerning the model certificate of professional competence, and to draw up the list of maximum infringements entailing the suspension or withdrawal of the authorisation to pursue the occupation or a declaration of unsuitability. Since the measures in question are of general scope and are designed to amend non-essential elements of this Regulation or to supplement it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On the grounds of efficiency, the time limits normally applicable in the context of the regulatory procedure with scrutiny should be shortened for the updating of the model certificate of professional competence.	(22) The Commission should, in particular, be authorised to draw up a list of categories, types and degrees of seriousness of severe infringements which may under certain circumstances lead to the loss of the requisite good repute of road transport operators, to adapt to technical progress the Annex to this Regulation concerning the knowledge to be taken into consideration for the recognition of professional competence by the Member States and the Annex concerning the model certificate of professional competence. to draw up the list of infringements which may lead the authorities, under certain circumstances, and proportionate to the nature of the infringement, to consider suspending or withdrawing the authorisation to pursue the occupation or issuing a declaration of unsuitability. Since the measures in question are of general scope and are designed to amend non-essential elements of this Regulation or to supplement it by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On the grounds of efficiency, the time limits normally applicable in the context of the regulatory procedure with scrutiny should be shortened for the updating of the model certificate of professional competence.
Justification
Seeks to ensure that account continues to be taken of the existing differences between the Member States with regard to the administration and enforcement of measures to deal with the most serious infringements. Cooperation in this area must therefore take place with due regard to proportionality as it applies in the Member State which issued the authorisation and is responsible for supervision.
Amendment 7 Recital 22 a (new)
	(22a) To encourage coach tours specifically for tourists on low incomes and promote tourism in the regions, there is a need to reintroduce the 12-day rule for round trips by coach 78 of Parliament’s Resolution of 29 November 2007. For this reason Regulation (EC) No 561/2006 of the Parliament and of the Council of 15 March 2006, on the harmonisation of certain social legislation relating to road transport, should be extended accordingly.
Justification
Amendment 8 Article 1, Title
Subject matter and definitions	Subject matter and scope
Justification
Legally and linguistically clearer.
Amendment 9 Article 1, paragraph 2, point (e)
(e) "transport manager" shall mean a natural person employed by an undertaking or, if that undertaking is a natural person, that same person or, where appropriate, another natural person designated by it by means of a contract, who effectively and continuously manages the transport activities of that undertaking;	(e) "transport manager" shall mean a natural person employed by an undertaking or, if that undertaking is a natural person, that same person or, where provided for, another natural person designated by it by means of a contract, who effectively and continuously manages the transport activities of that undertaking;
(Becomes Article 1 (a), point e)
Justification
Legally and linguistically clearer.
Amendment 10 Article 1, paragraph 2, point (g)
(g) "competent authority for the purpose of authorising the pursuit of the occupation" shall mean a national, regional or local authority in a Member State which verifies whether an undertaking satisfies the conditions provided for in this Regulation, and which is empowered to award, suspend or withdraw the authorisation to pursue the occupation of road transport operator;	(g) “competent authority” shall mean a national, regional or local authority in a Member State which for the purpose of authorising the pursuit of the occupation verifies whether an undertaking satisfies the conditions provided for in this Regulation, and which is empowered to award, suspend or withdraw the authorisation to pursue the occupation of road transport operator;
(Becomes Article 1 (a), point g)
Justification
Legally and linguistically clearer.
Amendment 11 Article 1, paragraph 2, point (h)
(h) "Member State of establishment" shall mean the Member State in which an undertaking wishes to establish itself, regardless of whether its transport manager originates in another country ;	(h) “Member State of establishment” shall mean the Member State in which an undertaking is established, regardless of whether its transport manager originates in another country;
(Becomes Article 1 (a), point h)
Justification
Legally and linguistically clearer.
Amendment 12 Article 1, paragraph 2, point (i)
(i) "Member State of origin" shall mean the Member State in which the transport manager of an undertaking which wishes to establish itself in another Member State used to reside or work.	deleted
(Becomes Article 1 (a), point i)
Justification
Legally and linguistically clearer.
Amendment 13 Article 2, paragraph 1
1. This Regulation shall apply to all undertakings established in the Community which are engaged in the occupation of road transport operator. It shall also apply to undertakings which wish to engage in the occupation of road transport operator.	2. This Regulation shall apply to all undertakings established in the Community which are engaged in the occupation of road transport operator. It shall also apply to undertakings which intend to engage in the occupation of road transport operator and references to undertakings engaged in the occupation of road transport operator shall, as appropriate, be considered to include a reference to undertakings intending to engage in such operations.
(Becomes Article 1, paragraph 2)
Justification
Legally and linguistically clearer.
Amendment 14 Article 2, paragraph 2, point (a)
(a) to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the maximum authorised weight of which does not exceed 3.5 tonnes. Member States may, however, lower this limit for all or some categories of transport operations.	(a) to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles or combinations of vehicles the permissible laden weight of which does not exceed 3.5 tonnes. Member States may, however, lower this limit for all or some categories of transport operations.
(Becomes Article 1, paragraph 3, point a)
Justification
Legally and linguistically clearer.
Amendment 15 Article 2, paragraph 2, point (b a) (new)
	(ba) undertakings engaged in the occupation of road transport operator solely by means of motor vehicles which cannot exceed 40km/h.
(Becomes Article 1, paragraph 3, point ba (new))
Justification
In order to exclude from the application of this Regulation vehicles involved in agricultural or forestry activity.
Amendment 16 Article 3, subparagraph 1, point (a)
(a) be effectively and stably established in one of the Member States;	(a) be effectively and stably established in one of the Member States as provided for in Article 5;
Justification
Legally and linguistically clearer.
Amendment 17 Article 3, subparagraph 1, point (b)
(b) be of good repute;	(b) be of good repute as provided for in Article 6;
Justification
Legally and linguistically clearer.
Amendment 18 Article 3, subparagraph 1, point (c)
(c) be of appropriate financial standing;	(c) be of appropriate financial standing as provided for in Article 7;
Justification
Legally and linguistically clearer.
Amendment 19 Article 3, subparagraph 1, point (d)
(d) have the requisite professional competence.	(d) have the requisite professional competence as provided for in Article 8.
Justification
Legally and linguistically clearer.
Amendment 20 Article 4, paragraph 1
1. An undertaking which wishes to engage in the occupation of road transport operator shall designate to the competent authority referred to in Article 9 at least one natural person who satisfies the requirements set out in Article 3(b) and (d). That person, the transport manager, must meet the following conditions:	1. An undertaking which engages in the occupation of road transport operator shall designate at least one natural person, the transport manager, who satisfies the requirements set out in Article 3(b) and (d) and also meets the following conditions:
Justification
Legally and linguistically clearer.
Amendment 21 Article 4, paragraph 1, point (b)
b) be employed and remunerated by the undertaking or, if the undertaking is a natural person, be that same person.	b) have a genuine link to the undertaking, in other words be an employee, partner, director, shareholder or have a similar contractual relationship with the undertaking, or manage it, or, if the undertaking is a natural person, be that same person, or, if the undertaking is a partnership, be entitled to legally represent and make binding decisions on behalf of the partnership.
Justification
According to the Commission proposal, the transport manager can only be a paid employee of the undertaking or its owner. In reality it is often the person who is in charge of the day-to-day running of the partnership, in other words the director or managing director, who has obtained the certificate of professional competence.
Amendment 22 Article 4, paragraph 1, point (b a) (new)
	(ba) be a resident in a Member State.
Justification
It should be a mandatory condition for a transport manager to be a resident of a Member State.
Amendment 23 Article 4, paragraph 1, subparagraph 1 (new)
	The undertaking shall notify the competent authority of the transport manager or managers designated.
Justification
Legally and linguistically clearer.
Amendment 24 Article 4, paragraph 2
2. By way of derogation from paragraph 1, if an undertaking is a natural person who does not satisfy the requirement as to professional competence provided for in Article 3(d), the competent authorities may authorise it to engage in the occupation of road transport operator, provided that:	2. If an undertaking does not satisfy the requirement as to professional competence provided for in Article 3(d), the competent authority may authorise it to engage in the occupation of road transport operator without a transport manager designated in accordance with paragraph 1, provided that:
Justification
Legally and linguistically clearer.
Amendment 25 Article 4, paragraph 2, point (a)
(a) it designates to those authorities another person who satisfies the requirements provided for in Article 3(b) and (d), and is empowered by means of a contract to carry out duties as transport manager on behalf of the undertaking;	(a) it designates another natural person residing in a Member State who satisfies the requirements provided for in Article 3(b) and (d), and is empowered by means of a contract to carry out duties as transport manager on behalf of the undertaking and notifies the competent authority thereof;
Justification
It is important to require the transport manager to reside in a Member State.
Amendment 26 Article 4, paragraph 2, point (b)
(b) the contract linking the undertaking with the transport manager specifies the duties to be performed on a permanent basis by the party concerned, and indicates his or her responsibilities as transport manager; the duties to be specified shall comprise in particular those relating to vehicle maintenance, verification of transport contracts and documents, accounting, the assignment of loads to drivers and vehicles, and the verification of safety procedures;	(b) the contract linking the undertaking with the transport manager specifies the tasks to be performed on a continuous basis by the party concerned, and indicates his or her responsibilities as transport manager; the tasks to be specified shall comprise in particular those relating to vehicle maintenance management, verification of transport contracts and documents, accounting, the assignment of loads or services to drivers and vehicles, and the verification of safety procedures;
Justification
Legally and linguistically clearer.
Amendment 27 Article 4, paragraph 2, point (c)
(c) the person designated does not manage, in the capacity of transport manager, the transport activities of more than four different undertakings carried out with a maximum total fleet of twelve vehicles;	(c) the person designated does not manage, in the capacity of transport manager, the transport activities of more than four different undertakings. The competent authority may decide on the maximum number of vehicles to be managed by the transport manager;
Justification
As there are great differences between the operational dynamics of transport companies, it is not possible to set a fixed maximum of vehicles to be managed by the transport manager at EU level. If Member States think it necessary to set a fixed maximum, they should be free to do so.
Amendment 28 Article 4, paragraph 2, point (d)
(d) the person designated is independent of the other undertakings which call upon him or her to carry out transport operations or which carry out transport operations on his or her behalf.	(d) the person designated is independent of the other undertakings which call upon the undertaking to carry out transport operations or which carry out transport operations on behalf of the undertaking.
Justification
Legally and linguistically clearer.
Amendment 29 Article 4, paragraph 3
3. The transport manager shall lose his or her good repute within the meaning of this Regulation if serious infringements or repeated infringements above a certain threshold among the infringements referred to in Article 6(1) are committed in the context of the transport activities which he or she manages.	deleted
Justification
Legally and linguistically clearer.
Amendment 30 Article 5, introductory part
To satisfy the requirement provided for in Article 3(a), an undertaking must be effectively and stably established in the Member State which, through a competent authority, authorises it to engage in the occupation. To that end, the undertaking must:	To satisfy the requirement provided for in Article 3(a) the undertaking must:
Justification
Legally and linguistically clearer.
Amendment 31 Article 5, point (a)
(a) have an establishment, situated in that Member State with premises in which it keeps its business documents, and in particular all its accounting documents, personnel management documents and any other document to which the authority competent to authorise the pursuit of the occupation must have access in order to verify compliance with the conditions provided for in this Regulation;	(a) have an establishment, situated in that Member State with premises in which it keeps its business documents in line with the periods laid down by law and in particular all its accounting documents, personnel management documents and any other document on secure data supports, to which the authority competent to authorise the pursuit of the occupation must have access in order to verify compliance with the conditions provided for in this Regulation while complying with all relevant standards for the protection of personal data.
Justification
Security of archived data and protection of personal data and particulars
Amendment 32 Article 5, point (b)
(b) have at its disposal vehicles, whether wholly owned or, for example, under a hire purchase, hire or leasing contract or under a purchase contract, which are registered in and which it uses in that Member State;	(b) have at its disposal one or more vehicles, whether wholly owned or, for example, under a hire purchase, hire or leasing contract or under a purchase contract, which are registered in that Member State;
Justification
Legally and linguistically clearer.
Amendment 33 Article 5, point (c)
(c) have an operating centre, situated in that Member State, with the necessary equipment, and in particular a sufficient number of vehicle parking places for regular use by its vehicles.	(c) have an operating centre, situated in that Member State, with the necessary equipment, and be able to prove on request where in the Member State of establishment the vehicles are parked when they are not in use.
Justification
Companies do not have to have their own parking places; in practice vehicles are also parked on the premises of contractors, drivers and so on. But they must be able to prove to an inspector where in the Member State of establishment the vehicles are situated when they are not in use, so as to prevent ‘shell’ companies.
Amendment 34 Article 6, paragraph 1, subparagraph 1
1. For the purposes of Article 3(b), the requirement as to the good repute of an undertaking shall mean that its managers have not been convicted of any serious criminal offence or offences under commercial law or bankruptcy law and that they carry out their activity in good faith and in compliance with the rules applicable to road transport and in accordance with professional ethics.	1. For the purposes of Article 3(b), and subject to paragraph 2, Member States shall determine the conditions which an undertaking and a transport manager must meet pursuant to this Regulation in order for either to satisfy the requirement as to good repute.
	These conditions shall include the following requirements:
Justification
Legally and linguistically clearer.
Amendment 35 Article 6, paragraph 1, point (a)
(a) there are no compelling grounds for doubting its good repute;	(a) there are no compelling grounds for doubting the good repute of the transport undertaking, its transport managers or any relevant person, such as conviction or penalties for any serious infringement of national rules in force in the field of:
	(i) commercial law,
	(ii) insolvency law,
	(iii) the pay and employment conditions in the profession,
	(iv) road traffic,
	(v) professional liability; and
	(vi) human or drugs trafficking
Justification
Legally and linguistically clearer and related to a short description of serious infringements.
Amendment 36 Article 6, paragraph 1, point (b)
(b) the natural person(s) whom it has designated as transport manager pursuant to Article 4 has not (have not) incurred convictions or sanctions in one of the Member States for serious infringements or repeated minor infringements of Community rules concerning in particular:	(b) the transport manager or the transport undertaking has not incurred convictions in one or more of the Member States for serious infringements of Community rules concerning in particular:
Justification
The minor infringement will not appear in this Regulation. The Regulation will refer only severe infringements and the most severe infringements.
Amendment 37 Article 6, paragraph 1, point (b), point (i)
(i) the driving time and rest periods of drivers, working time, and the installation and use of recording equipment;	(i) the driving time and rest periods of drivers, working time, and the installation and use of recording equipment; verification should cover their continuous compliance, the archiving of data and protection of personal data obtained;
Justification
Protection against the counterfeiting of electronic tachygraph cards and increasing road transport safety.
Amendment 38 Article 6, paragraph 1, point (b), point (iv)
(iv) the roadworthiness testing of commercial vehicles and the compulsory annual technical inspection of motor vehicles;	(iv) the roadworthiness of commercial vehicles, including the compulsory technical inspection of motor vehicles;
Justification
Legally and linguistically clearer.
Amendment 39 Article 6, paragraph 1, point (c)
(c) it has not been convicted of serious infringements of the national rules in force concerning the pay and employment conditions in the profession, road traffic, road safety or professional liability.	deleted
Justification
Legally and linguistically clearer.
Amendment 40 Article 6, paragraph 2
2. For the purposes of point (b) of the second subparagraph of paragraph 1, the Commission shall adopt the list of categories, types and degrees of seriousness of infringements and the frequency of occurrence beyond which repeated minor infringements shall lead to the loss of the requisite good repute. Since these measures are designed to amend non-essential elements of this Regulation and to supplement it, they shall be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 25(3).	2. For the purposes of paragraph 1 (b):
To this end, the Commission shall apply the following principles:
(a) the categories and types of infringement are those most frequently encountered;	(a) a conviction or penalties incurred by the transport manager or the transport undertaking in one or more of the Member States for the most serious infringements of Community rules, set out in Annex III, shall lead to the loss of good repute after a duly completed administrative procedure and, if appropriate, after a check at the premises of the undertaking unless the competent authority, under exceptional and for duly justified reasons, establishes that this constitutes a disproportionate response. In such a case, the exceptional and duly justified reasons shall be recorded in the national register and indicated in the report referred to in Article 26(1). The measures designed to amend non-essential elements of this Regulation relating to the adaptation of Annex III to take account of the development of the Community acquis in the field of road transport shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
(b) the most serious degree of infringement concerns those which create a serious risk of fatalities or serious injuries;	(b) the Commission shall adopt, not later than 1 January 2010 a list of categories, types and degrees of seriousness of infringements which may lead to the loss of good repute. Member States shall take into account information on those infringements, including information received from other Member States, when setting the priorities for checks pursuant to Article 11(2).
(c) the frequency of occurrence beyond which repeated minor infringements shall be regarded as serious shall increase according to the number of drivers used for the transport activities managed by the natural person concerned.	The measures designed to amend non-essential elements of this Regulation by supplementing it relating to this list shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
	To this end and not later than 1 January 2010, the Commission shall
	(i) lay down the categories and types of infringement which are most frequently encountered;
	(ii) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries; and
	(iii) provide the frequency of occurrence beyond which repeated infringements shall be regarded as more serious, by taking into account the number of drivers used for the transport activities managed by the transport manager.
Justification
In order to give enough time to the Member States to establish their national electronic registers, it is important to have the list adopted by the Comission not later than 1 January 2010.
Amendment 41 Article 6, paragraph 2, subparagraph 1
2. For the purposes of point (b) of the second subparagraph of paragraph 1, the Commission shall adopt the list of categories, types and degrees of seriousness of infringements and the frequency of occurrence beyond which repeated minor infringements shall lead to the loss of the requisite good repute. Since these measures are designed to amend non-essential elements of this Regulation and to supplement it, they shall be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 25(3).	2. For the purposes of point (b) of the second subparagraph of paragraph 1, the Commission shall adopt the list of categories, types and degrees of seriousness of serious infringements which shall lead to the loss of the requisite good repute. Since these measures are designed to amend non-essential elements of this Regulation and to supplement it, they shall be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 25(3).
Justification
So long as infringements are interpreted and dealt with in such different ways in different Member States, repeated minor infringements should not form part of this regulation.
Amendment 42 Article 6, paragraph 2, point c
c) the frequency of occurrence beyond which repeated minor infringements shall be regarded as serious shall increase according to the number of drivers used for the transport activities managed by the natural person concerned.	deleted
Justification
So long as infringements are interpreted and dealt with in such different ways in different Member States, repeated minor infringements should not form part of this regulation.
Amendment 43 Article 7, paragraph 1 and 2
1. For the purposes of Article 3(c), the requirement as to financial standing shall consist in having available sufficient resources to ensure proper launching and proper administration of the undertaking.	1. For the purposes of Article 3(c), an undertaking must be able at all times to meet its financial obligations in the course of the annual accounting year. To this end, the undertaking must demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that it has at its disposal each year:
2. The requirement as to financial standing shall be satisfied where an undertaking can at all times meet its actual and potential commitments in the course of the annual accounting year. To this end, the undertaking must prove, on the basis of annual accounts certified by an auditor or a duly accredited person, that it has at its disposal each year:
Justification
Legally and linguistically clearer.
Amendment 44 Article 7, paragraph 2, point (a)
(a) current assets totalling at least EUR 9 000 for a single vehicle used and EUR 5 000 for each additional vehicle used;	(a) capital and reserves totalling at least EUR 9 000 for a single vehicle used and EUR 5 000 for each additional vehicle used
	Capital resources shall be demonstrated by means of a certified trading balance sheet or a balance sheet for tax purposes. Persons applying for access to the profession of road transport operator for the first time must submit a certified opening balance sheet.
Justification
It is important to keep capital and reserves, as now in the Directive, and to allow the undertakings to have more flexibility in their financial management.
Amendment 45 Article 7, paragraph 2, subparagraph 1, point b
(b) debt claims, securities and cash at bank and in hand totalling more than 80% of debts of which the residual duration is no greater than one year (“quick ratio” >= 80%).	deleted
Justification
The ‘quick ratio’ is not an indicator for a business’s financial stability and should therefore not be introduced as an alternative criterion to capital resources and reserves. The values in point (a) for capital and reserves should accordingly be increased.
Amendment 46 Article 7, paragraph 2, subparagraph 1
For the purposes of this Regulation, the value of the euro in those national currencies which are non-participants in the third stage of Monetary Union shall be fixed every five years. The rates to be applied shall be those obtained on the first working day of October and published in the Official Journal of the European Union. They shall have effect from 1 January of the following calendar year.`	For the purposes of this Regulation, the value of the euro in those national currencies which are non-participants in the third stage of Monetary Union shall be fixed every year. The rates to be applied shall be those obtained on the first working day of October and published in the Official Journal of the European Union. They shall have effect from 1 January of the following calendar year.`
Justification
The exchange rate should be established yearly.
Amendment 47 Article 7, paragraph 3
3. By way of derogation from paragraph 2, the competent authority may agree that an undertaking may give proof of its financial standing by means of a certificate from one or more banks or other financial institutions providing a joint and several guarantee for the undertaking in the form of a bank guarantee, or any other similar means, in respect of the amounts specified in point (a) of paragraph 2. The bank guarantee may be called in by the competent authority which authorises the pursuit of the occupation and cannot be released without the agreement of the latter.	2. By way of derogation from paragraph 1, the competent authority should agree that an undertaking may demonstrate its financial standing by means of a certificate from one or more banks or other financial institutions including insurance companies providing a joint and several guarantee for the undertaking in respect of the amounts specified in point (a) of paragraph 1. The guarantee or insurance may be called in by the competent authority which authorises the pursuit of the occupation and cannot be released without the agreement of the latter. The competent authority shall also determine the conditions under which the bank guarantee may be called in and released for the benefit of other creditors.
Justification
Insurance should also be allowed proof of financial standing. In order to better define the conditions in which the bank guarantee or the insurance can be used, it is important that not later than 1 January 2010, a common accepted format, is established.
Amendment 48 Article 7, paragraph 4
4. The annual accounts referred to in paragraph 2, and the guarantee referred to in paragraph 3, which are to be verified, are those of the economic entity established in the Member State in which an authorisation is applied for and not those of any other entities established in any other Member State.	3. The annual accounts referred to in paragraph 1, and the guarantee referred to in paragraph 2, which are to be verified, are those of the economic entity established in the Member State in which an authorisation is applied for and not those of any other entities established in any other Member State.
Justification
Legally and linguistically clearer.
Amendment 49 Article 8, paragraph 1
1. For the purposes of Article 3(d), the requirement as to professional competence shall be satisfied if the person(s) who is (are) deemed to satisfy it pursuant to Article 4 possesses (possess) knowledge corresponding to the level of training provided for in Section I of Annex I in the subjects listed therein. It shall be established, following training involving compulsory attendance at courses of a total duration of at least 140 hours, by means of a compulsory written examination which may be supplemented by an oral examination These examinations shall be organised in accordance with Section II of Annex I.	1. For the purposes of Article 3(d), the person or persons concerned shall possess knowledge corresponding to the level of training provided for in Section I of Annex I in the subjects listed therein. It shall be established, by means of a compulsory written examination which, if a Member State so decides, may be supplemented by an oral examination. These examinations shall be organised in accordance with Section II of Annex I.
Justification
For transport managers it is important to prove their knowledge and to be able to pass an examination. Those interested, could follow training as described in Annex II, compulsory training does not necessarily prove ability.
Amendment 50 Article 8, paragraph 1 a (new)
	1a. The persons concerned shall sit the examination in their Member State of residence.
Justification
To prevent abuse, for instance in the form of ‘exam tourism’.
Amendment 51 Article 8, paragraph 3
3. Member States shall accredit, in accordance with criteria defined by them, the bodies capable of offering applicants high-quality training to prepare them efficiently for the examination, and continuous training so that transport managers who so wish can update their knowledge. Member States shall regularly verify that these bodies at all times fulfil the criteria on the basis of which they were accredited.	3. Member States shall accredit, in accordance with mutually compatible criteria defined by them, the bodies capable of offering applicants high-quality training to prepare them efficiently for the examination, and continuous training so that transport managers who so wish can update their knowledge. Member States shall regularly verify that these bodies at all times fulfil the criteria on the basis of which they were accredited.
Justification
More precise wording.
Amendment 52 Article 8, paragraph 4
4. Member States may exempt from compulsory training applicants who provide proof of at least five years’ practical experience in a transport undertaking at management level.	4. Member States may exempt from the examination persons who provide proof of at least 10 years’ continuous practical experience in a transport undertaking at management level before publication of this Regulation.
Justification
Seasoned operators with many years’ experience should not have to prove a second time in an examination that they are professionally competent. Obviously this option should be phased out; so we need to prevent people from producing proof of professional competence only via the criterion of professional experience once this Regulation is adopted.
Amendment 53 Article 8, paragraph 4 b (new)
	4b. Member States may promote training as described at Annex I and an examination as described at Article 8, paragraph 1, for transport managers at ten year intervals to ensure that managers are aware of developments in the sector.
Justification
Member States could promote the training as described in Annex II, every ten years, in order to update the knowledge of transport managers.
Amendment 54 Article 8, paragraph 5
5. A Member State may exempt the holders of certain higher education diplomas or technical education diplomas issued in that Member State and which entail attendance at courses in the subjects listed in Annex I and which they specifically designate to this end from compulsory training in the subjects covered by the diplomas.	5. A Member State may exempt the holders of higher education diplomas or technical education diplomas issued in that Member State and which entail attendance at courses in the subjects listed in Annex I and which they specifically designate to this end from training in the subjects covered by the diplomas and from the examination.
Justification
Legally and linguistically clearer.
It is regrettable that the Member States are unable to establish equivalence between certificates of professional competence. This amendment seeks to enable Member States to exempt the holders of certain diplomas from the requirement to sit the examination.
Amendment 55 Article 8, paragraph 6
6. A certificate issued by the authority or body referred to in paragraph 2 must be produced as proof of professional competence. That certificate shall not be transferable. It shall be drawn up in accordance with the model certificate set out in Annex II and bear the engraved stamp or seal of the accredited authority or body which issued it.	6. A certificate issued by the authority or body referred to in paragraph 2 must be produced as proof of professional competence. That certificate shall not be transferable to any other natural or legal person. It shall be drawn up in accordance with the model certificate set out in Annex II and bear the engraved stamp or seal of the accredited authority or body which issued it.
Justification
Legally and linguistically clearer.
Amendment 56 Article 10, paragraph 1
1. The competent authority shall authorise undertakings which submit an application and satisfy the requirements provided for in Article 3 to engage in the occupation of road transport operator.	1. A transport undertaking which complies with the requirements provided for in Article 3 shall, upon application, be authorised to engage in the occupation of road transport operator. The competent authority shall ascertain that an undertaking which submits an application satisfies the requirements provided for in that Article.
Justification
It is important to clearly define the role of competent authority related to the issuing of an authorisation.
Amendment 57 Article 10, paragraph 2
2. The competent authority shall record in the electronic register referred to in Article 15 the name of the transport manager designated by the undertaking, the address of the establishment, the number of vehicles used and, if the authorisation is valid for international transport, the serial number of the Community licence and that of the certified copies.	2. The competent authority shall be responsible for updating and maintaining the electronic register referred to in Article 15.
	The competent authority shall record in the electronic register referred to in Article 15 the official name of the undertaking, the name of the transport manager designated by it and an indication as to whether he is apt for transport management, the address of the establishment, the number of vehicles used and, if the authorisation is valid for international transport, the serial number of the Community licence and that of the certified copies.
Justification
It is important to clarify who has responsibility for updating and maintaining of registers.
Amendment 58 Article 10, paragraph 4
4. From the date of the interconnection of the national electronic registers referred in Article 15(4), a competent authority shall verify, when assessing the good repute of an undertaking, that the transport manager(s) designated has not (have not) in the last two years been declared, in one of the Member States, unfit to manage the transport activity of an undertaking pursuant to Article 13.	4. From 1 January 2012 a competent authority shall verify in case of doubt, when assessing the good repute of an undertaking, that the transport manager(s) designated is not (are not) - at the time of the application - declared, in one of the Member States, unfit to manage the transport activity of an undertaking pursuant to Article 13.
Justification
The date of application will be 1 January 2012.
Amendment 59 Article 11, paragraph 1
1. The competent authorities shall verify that undertakings which they have authorised to engage in the occupation continue to fulfil the requirements provided for in Article 3. To that end, they shall check every five years that undertakings still fulfil each of those requirements	1. The competent authorities shall verify that undertakings which they have authorised to engage in the occupation of a road transport operator continue to fulfil the requirements provided for in Article 3. To that end, they shall check every five years that undertakings still fulfil each of those requirements.
	The Commission shall adapt the periodicity of regular checks to technical progress, notably the national electronic registers as provided for in Article 15. Since these measures are designed to amend non-essential elements of this Regulation, they shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Justification
The Commission can change the period of five years for regular checks in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).
Amendment 60 Article 11, paragraph 2
2. In addition to the verifications provided for in paragraph 1, the competent authorities shall carry out checks targeting undertakings classed as being at risk under the system established by the Member States pursuant to Article 9 of Directive 2006/22/EC of the European Parliament and of the Council. Member States shall extend this risk classification system to cover all the infringements specified in Article 6 of this Regulation.	2. In addition to the verifications provided for in paragraph 1, the competent authorities shall carry out checks targeting undertakings classed as posing an increased risk under the system established by the Member States pursuant to Article 9 of Directive 2006/22/EC of the European Parliament and of the Council. Member States shall extend this risk classification system to cover all the infringements specified in Article 6 of this Regulation.
Justification
Legally and linguistically clearer.
Amendment 61 Article 12, paragraph 1
1. The competent authority shall withdraw or partially suspend the authorisation to engage in the occupation of road transport operator granted to an undertaking if it establishes that the undertaking no longer satisfies the requirements provided for in Article 3 and after having sent a warning.	1. If the competent authority establishes that an undertaking runs the risk of no longer satisfying the requirements provided for in Article 3 the competent authority shall notify the undertaking thereof. If the competent authority establishes that one of those requirements is no longer satisfied, the competent authority may grant a time limit for the undertaking to rectify the situation within the following limits:
Justification
Legally and linguistically clearer.
Amendment 62 Article 12, paragraph 2
2. A warning shall be sent to an undertaking if the competent authority establishes that an undertaking runs the risk of no longer satisfying the requirements provided for in Article 3. If it is established that one of those requirements is no longer satisfied, the warning shall grant a time limit for the undertaking to rectify the situation within the following limits:	2. The competent authority may require undertakings whose authorisation has been suspended or withdrawn to ensure that their transport managers follow the training course and pass the examination referred to in Article 8 prior to any rehabilitation measure.
Justification
It is up to the Member States to require training and an examination for the transport managers of the undertakings whose authorisation has been suspended or withdrawn.
Amendment 63 Article 12, paragraph 2, point a
(a) a time limit not exceeding six months for the recruitment of a replacement for the transport manager if the latter no longer satisfies the requirements as to good repute or professional competence, which may be extended by six months in the event of the death or physical incapacity of the transport manager;	(a) a time limit not exceeding three months for the recruitment of a replacement for the transport manager if the latter no longer satisfies the requirements as to good repute or professional competence, which may be extended by three months in the event of the death or physical incapacity of the transport manager;
Justification
Six months is too long.
Amendment 64 Article 12, paragraph 2, point b
(b) a time limit not exceeding six months where the undertaking has to rectify the situation by demonstrating that it has an effective and stable establishment;	(b) a time limit not exceeding three months where the undertaking has to rectify the situation by demonstrating that it has an effective and stable establishment;
Justification
Six months is too long.
Amendment 65 Article 12, paragraph 3
3. The competent authority may require undertakings whose authorisation has been partially or provisionally suspended or withdrawn to ensure that its transport managers follow the training course and pass the examination referred to in Article 8 prior to any rehabilitation measure.	3. If the competent authority establishes that the undertaking no longer satisfies one or more of the requirements provided for in Article 3, it shall suspend or withdraw the authorisation to engage in the occupation of road transport operator granted to an undertaking no later than the time limits referred to in paragraph 1.
Justification
Legally and linguistically clearer.
Amendment 66 Article 13, paragraph 1
1. In the event of infringements the seriousness of which is well established by dint of their systematic, premeditated nature and by attempts to hide the facts, the competent authority shall declare the transport manager of an undertaking whose authorisation has been withdrawn unfit to manage the transport activity of an undertaking.	1. In the event of serious infringements as referred to in Article 6(1)(b) the seriousness of which is well established by dint of their systematic, premeditated nature or by attempts to hide the facts and for which the transport manager is responsible, the competent authority shall declare the transport manager of an undertaking whose authorisation has been withdrawn unfit to manage the transport activity of an undertaking.
Justification
It is important to apply sanctions to a transport manager only if he is resonsible for the respective infringements.
Amendment 67 Article 13, paragraph 2
2. Unless and until a rehabilitation measure has been taken, the certificate of professional competence referred to in Article 8(6) of the person declared to be unfit to manage transport activities shall no longer be valid in any Member State.	2. Unless and until a rehabilitation measure in accordance with the relevant national provisions has been taken, the certificate of professional competence referred to in Article 8(6) of the person declared to be unfit to manage transport activities shall no longer be valid in any Member State.
Justification
Legally and linguistically clearer.
Amendment 68 Article 14, paragraph 1
1. Decisions taken by the competent authorities in the Member States pursuant to this Regulation entailing the rejection of an application for admission to the occupation of road transport operator or the suspension or withdrawal of an existing authorisation or a declaration of unfitness shall state the reasons on which they are based.	1. Negative decisions taken by the competent authorities in the Member States pursuant to this Regulation, including the rejection of an application, the suspension or withdrawal of an existing authorisation and a declaration of unfitness of the transport manager shall state the reasons on which they are based.
Justification
Legally and linguistically clearer.
Amendment 69 Article 14, paragraph 2
2. Member States shall take steps to ensure that the undertakings to which this Regulation applies have the possibility of appealing to independent organisations or bodies, and then to a court, with regard to the decisions referred to in paragraph 1. The submission of an appeal, including an appeal before a court, shall not have suspensory effect.	2. Member States shall take steps to ensure that the undertakings and persons concerned have the possibility of appealing the decisions referred to in paragraph 1, including to a court of law.
Justification
In order to avoid an unnecessary burden and to make sure the national electronic registers contain only stable data, in these registers will be registered only the infringements and sanctions applied after final decision of a court of law.
Amendment 70 Article 15, paragraph 1
1. For the purposes of implementing this Regulation, and in particular Articles 10, 11, 12, 13 and 26, each Member State shall keep a national electronic register of road transport undertakings which have been authorised by a competent authority designated by it to engage in the occupation of road transport operator. The data contained in that register shall be processed under the supervision of a public authority designated for that purpose. The electronic register shall be accessible on line to all the competent authorities of the Member State in question, as referred to in Article 9. It shall be accessible to other authorities only if they are duly endowed with powers relating to supervision and the imposition of sanctions in the road transport sphere and whose officials are sworn.	1. For the purposes of implementing this Regulation, and in particular Articles 10, 11, 12, 13 and 26, each Member State shall keep a national electronic register of road transport undertakings and transport managers which have been authorised by a competent authority designated by it to engage in the occupation of road transport operator. The data contained in that register shall be processed under the supervision of a public authority designated for that purpose, which shall also be responsible for the use and updating of this data. The national electronic register will contain one public section and one confidential section. The electronic register shall be accessible on line to all the competent authorities of the Member State in question, as referred to in Article 9. The confidential section of the electronic register shall be accessible to the authorities other than the competent authorities only if they are duly endowed with powers relating to supervision and the imposition of sanctions in the road transport sphere and whose officials are sworn.
	Not later than 1 January 2010, the Commission shall define, together with Member States the minimal structure of the data which have to be entered in the national electronic register.
The national electronic register of a Member State shall contain the following data:	The section of the national electronic register related to the road transport undertakings of a Member State shall contain the following data:
(a) the name and legal form of the undertaking;	(a) the name and legal form of the undertaking;
(b) the address of its establishment;	(b) the address of its establishment;
(c) the names of the transport managers designated to meet the conditions as to good repute and professional competence or, as appropriate, the name of the legal representative;	(c) the names of the transport managers designated to meet the conditions as to good repute and professional competence or, as appropriate, the name of the legal representative;
(d) the type of authorisation, the number of vehicles which it covers and, where appropriate, the serial number of the Community licence and that of the certified copies;	(d) the type of authorisation, the number of vehicles which it covers and, where appropriate, the serial number of the Community licence and that of the certified copies;
(e) the number, the category and the type of serious infringements and repeated minor infringements, as referred to in Article 6(1)(b), which have resulted in a sanction in the last two years;	(e) the number, the category and the type of serious infringement , which have resulted in a sanction in the last two years;
(f) the names of any persons declared to be unfit to manage the transport activity of an undertaking in the last two years, and the rehabilitation measures applicable.	(f) the names of any persons declared to be unfit to manage the transport activity of an undertaking in the last two years, and the rehabilitation measures applicable.
	The section of the national electronic register related to the road transport managers of a Member State shall contain the following data:
	a) the name of the transport manager declared to be fit to manage the transport activity or an undertaking;
	(b)the name, legal form and the address of the undertaking or undertakings managed;
Justification
For the purposes of this Regulation, it is essential that the national electronic register have a public section and a confidential one. Taking into consideration the role of transport manager, it is important to have also a list of transport managers declared in a Member State to fit the requirements for such an occupation.
Amendment 71 Article 15, paragraph 1, point d
(d) the type of authorisation, the number of vehicles which it covers and, where appropriate, the serial number of the Community licence and that of the certified copies;	(d) the type of authorisation, the number of vehicles which it covers and, where appropriate, the serial number of the Community licence and that of the certified copies, and the vehicle registration mark of each vehicle being operated under the authorisation outside of the undertaking's Member State of establishment.
Justification
This would allow enforcement agencies to build up a compliance history for individual international operators helping to better target vehicles and reduce burdens while making better use of enforcement resources.
Amendment 72 Article 15, paragraph 1, point e
(e) the number, the category and the type of serious infringements and repeated minor infringements, as referred to in Article 6(1)(b), which have resulted in a sanction in the last two years;	(e) the number, the category and the type of serious infringements, which have resulted in a sanction in the last two years;
Justification
So long as infringements are interpreted and dealt with in such different ways in different Member States, repeated minor infringements should not form part of this regulation.
Amendment 73 Article 15, paragraph 1, subparagraph 2 b (new)
	Member States may choose to keep the information contained in (e) and (f) in separate registers. In such a case, the relevant data shall be available upon request or directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within 10 working days after receiving the request.
Justification
Due to the sensitivity of this information, it is important to allow Member States to respect the structure and the role of the institutions responsible for such data and to ensure the necessary privacy and protection of these data.
Amendment 74 Article 15, paragraph 1, subparagraph 2 c (new)
	In any case, the information contained in (e) and (f) shall only be accessible to authorities other than the competent authorities if they are duly endowed with powers relating to supervision and the imposition of penalties in the road transport sphere and whose officials are sworn or otherwise are under a formal obligation of secrecy.
Justification
It is essential to respect to provisions related to the protection of personal data.
Amendment 75 Article 15, paragraph 2
2. Data concerning an undertaking the authorisation of which has been partially or provisionally suspended or withdrawn or concerning any person declared to be unfit for the occupation shall remain in the register for two years. Such data shall specify the reasons for the suspension or withdrawal of the authorisations or the declaration of unfitness.	2. Data concerning an undertaking the authorisation of which has been suspended or withdrawn shall remain in the register for two years as from the expiry of the suspension or withdrawal of the licence and shall thereafter be immediately removed.
Justification
It is important not to keep to much unnecessary data.
Amendment 76 Article 15, paragraph 2, subparagraph 1 a (new)
	Data concerning any person declared to be unfit for the occupation shall remain in the register as long as the good repute of this person is not re-established pursuant to the provisions contained in Article 6(3). After such rehabilitation or equivalent measures have been taken, the data shall be immediately removed.
Justification
It is important not to keep to much unnecessary data, but to have them as long as the transport manager is declared unfit to manage a road transport undertaking.
Amendment 77 Article 15, paragraph 2, subparagraph 1 b (new)
	Such data shall specify the reasons for the suspension or withdrawal of the authorisations or the declaration of unfitness and the corresponding duration.
Justification
It is important to explain why a suspension or withdrawal appeared.
Amendment 78 Article 15, paragraph 6
6. The Commission may take any initiative necessary in order to facilitate the implementation of paragraph 4. It may decide to postpone the time limit referred to in paragraph 4. Since a decision to postpone would be designed to amend non-essential elements of this Regulation, it shall be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 25(4).	6. The Commission may take any initiative necessary in order to facilitate the implementation of paragraph 4.
Justification
The deadlines for introducing the register are adequate. There is no factual basis for postponing them.
Amendment 79 Article 16, point b
(b) all persons have the right of access to data relating to them with the authority responsible for processing the data. This right shall be ensured without constraint, at reasonable intervals and without excessive delay or cost for the authority responsible for processing the data or for the applicant;	(b) all persons have the right of access to data relating to them with the authority responsible for processing the data. This right shall be ensured without constraint, at reasonable intervals and without excessive delay or cost for the applicant;
Justification
The authorities can justifiably pass on the costs that they incur to those seeking information. The protection of government bodies with inefficient working methods or charging prohibitive fees must be prevented.
Amendment 80 Article 17, paragraph 4
4. Member States which exchange information concerning the infringements referred to in Article 6(2) or concerning any transport managers declared to be unfit shall comply with the procedure and time limits referred to in Article 12(1) of Regulation (EC) No …/… or, as appropriate, Article 23(1) of Regulation (EC) No …/…. A Member State which receives notification of an infringement from another Member State shall record that infringement in its national electronic register.	4. Member States which exchange information concerning the infringements referred to in Article 6(2) or concerning any transport managers declared to be unfit shall comply with the procedure and time limits referred to in Article 12(1) of Regulation (EC) No …/… or, as appropriate, Article 23(1) of Regulation (EC) No …/…. A Member State which receives notification of a serious infringement which has resulted in a conviction from another Member State shall record that infringement in its national electronic register.
Justification
It is important that only the information related to the serious infringements which have resulted in a conviction or a penalty is registered and sent.
Amendment 81 Article 18, paragraph 1
1. Without prejudice to Article 10(4), the new Member State of establishment shall accept as sufficient proof of good repute for admission to the occupation of road transport operator the production of an extract from a judicial record or, failing that, an equivalent document issued by a competent judicial or administrative authority in the transport operator's Member State(s) of origin showing that this requirement is satisfied.	1. Without prejudice to Article 10(4), the Member State of establishment shall accept as sufficient proof of good repute for admission to the occupation of road transport operator the production of an extract from a judicial record or, failing that, an equivalent document issued by a competent judicial or administrative authority in the Member State(s) where the transport manager used to reside.
Justification
For the purposes of this Regulation the Member States where the transport manager used to reside is more apt.
Amendment 82 Article 18, paragraph 2
2. Where a Member State imposes on its own nationals certain conditions relating to good repute, and proof that these conditions are met cannot be provided by means of the document referred to in paragraph 1, that State shall accept as sufficient proof for nationals of other Member States a certificate issued by a competent judicial or administrative authority in the Member State(s) of origin stating that these conditions have been met. Such certificate shall relate to the specific facts taken into consideration in the new Member State of establishment.	2. Where a Member State imposes on its own nationals certain conditions relating to good repute, and proof that these conditions are met cannot be provided by means of the document referred to in paragraph 1, that State shall accept as sufficient proof for nationals of other Member States a certificate issued by a competent judicial or administrative authority in the Member State(s) where the transport manager used to reside stating that these conditions have been met. Such certificate shall relate to the specific facts taken into consideration in the Member State of establishment.
Justification
For the purposes of this Regulation the Member States where the transport manager used to reside is more apt.
Amendment 83 Article 18, paragraph 3
3. If a document required in accordance with paragraphs 1 and 2 has not been issued by the country (countries) of origin, it may be replaced by a declaration on oath or by a solemn declaration made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary in the Member State of origin; such authority or notary shall issue a certificate authenticating the declaration on oath or the solemn declaration.	3. If a document required in accordance with paragraphs 1 and 2 has not been issued by the Member State(s) where the transport manager used to reside, it may be replaced by a declaration on oath or by a solemn declaration made by the person concerned before a competent judicial or administrative authority or, where appropriate, a notary in the Member State where the transport manager used to reside; such authority or notary shall issue a certificate authenticating the declaration on oath or the solemn declaration.
Justification
For the purposes of this Regulation the Member States where the transport manager used to reside is more apt.
Amendment 84 Article 19, Title
Certificates of standing	Certificates relating to financial standing
Justification
Legally and linguistically clearer.
Amendment 85 Article 19, subparagraph 1
Where a Member State imposes on its nationals certain conditions relating to financial standing in addition to those provided for in Article 7, that State shall accept as sufficient proof, for nationals of other Member States, a certificate issued by a competent authority in the Member State(s) of origin stating that these conditions have been met. Such certificate shall relate to the specific facts taken into consideration in the new Member State of establishment.	Where a Member State imposes on its nationals certain conditions relating to financial standing in addition to those provided for in Article 7, that State shall accept as sufficient proof, for nationals of other Member States, a certificate issued by a competent authority in the Member State(s) where the transport manager used to reside stating that these conditions have been met. Such certificate shall relate to the specific information taken into consideration in the new Member State of establishment.
Justification
For the purposes of this Regulation the Member States where the transport manager used to reside is more apt.
Amendment 86 Article 20, paragraph 2
Certificates issued before […] as proof of professional competence pursuant to the provisions in force until that date shall be deemed equivalent to the certificate the model for which is set out in Annex II and shall be recognised as proof of professional competence in all Member States. Member States may, however, request an additional document which provides proof of the effective exercise of the activity in question in a Member State during a period of at least three years. This activity must not have ceased more than five years before the date of submission of the certificate.	2. Certificates issued before […] as proof of professional competence pursuant to the provisions in force until that date shall be deemed equivalent to the certificate the model for which is set out in Annex II and shall be recognised as proof of professional competence in all Member States. Member States shall inform the Commission of the certificates they recognise as proof of professional competence for the purposes of this Article.
Justification
It is up to each Member State to decide which diploma will be recognised as proof of professional competence.
Amendment 87 Article 21, Title
Sanctions	Penalties
Justification
Legally and linguistically clearer.
Amendment 88 Article 21, paragraph 1
1. Member States shall determine the system of sanctions for infringements of the provisions of this Regulation and shall take all the measures necessary to ensure that those sanctions are applied. The sanctions thus provided for must be effective, proportionate and dissuasive. Member States shall give notification of the provisions in question not later than [...] and shall give notification of any subsequent amendment concerning them as soon as possible.	1. Member States shall determine the system of penalties for infringements of the provisions of this Regulation and shall take all the measures necessary to ensure that those penalties are applied. The penalties thus provided for must be effective, proportionate and dissuasive. Member States shall give notification of the provisions in question not later than 1 January 2012 and shall give notification of any subsequent amendment concerning them as soon as possible.
Justification
Legally and linguistically clearer.
Amendment 89 Article 21, paragraph 2
2. The sanctions referred to in paragraph 1 shall comprise in particular the provisional or partial suspension of the authorisation to engage in the occupation, the withdrawal of such authorisation, and the declaration of the unfitness of the transport managers involved. They shall also comprise the confiscation of any vehicle used by any undertaking which carries out transport operations without having an authorisation as provided for in this Regulation.	2. The penalties referred to in paragraph 1 shall comprise in particular the suspension of the authorisation to engage in the occupation, the withdrawal of such authorisation, and the declaration of the unfitness of the transport managers involved. They shall also comprise the confiscation of any vehicle used by any undertaking which carries out transport operations without having an authorisation as provided for in this Regulation.
Justification
Legally and linguistically clearer.
Amendment 90 Article 21, paragraph 3
3. The Commission shall draw up a list of maximum infringements of this Regulation entailing at least the provisional or partial suspension of the authorisation to engage in the occupation, the withdrawal of such authorisation or the declaration of the unfitness of the transport managers involved. Since that measure is designed to amend non-essential elements of this Regulation and to supplement it, it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 25(3).	deleted
Justification
The list of the most severe infringements is described in Annex III. The Commission will adopt, not later than 1 January 2010 the list of severe infringements which should be adopted through regulatory procedure with scrutiny referred to in Article 25(3).
Amendment 91 Article 21, paragraph 4
4. The infringements referred to in Article 6(2) shall be mutually recognised for the purposes of applying the sanctions referred to in paragraph 2 of this Article.	deleted
Justification
Legally and linguistically clearer.
Amendment 92 Article 22
Undertakings which can provide proof that, before certain dates, they were authorised in a Member State to engage in the occupation of road haulage operator or road passenger transport operator in national or international transport shall be exempted from providing proof that they have the professional competence referred to in Article 3(d) until 1 January 2012. Those dates are as follows:	deleted
(a) 1 January 1975 for Belgium, Denmark, Germany, France, Ireland, Italy, Luxembourg, Netherlands and the United Kingdom;
(b) 1 January 1981 for Greece;
(c) 1 January 1983 for Spain and Portugal;
(d) 3 October 1989 for the territory of the former German Democratic Republic;
(e) 1 January 1995 for Austria, Finland and Sweden.
Justification
The text as it was proposed by the Commission creates an unfair treatment for some Member Sates. See also Article 8, paragraph 4 which covers antecedent rights.
Amendment 93 Article 24, paragraph 1
1. The competent authorities in the Member States shall cooperate closely and shall grant each other mutual assistance for the purposes of applying this Regulation. They shall ensure the confidentiality of the information which they exchange.	1. The competent authorities in the Member States shall cooperate closely and shall grant each other mutual assistance for the purposes of applying this Regulation. They shall exchange information on convictions for any serious infringements, or other specific facts liable to have consequences for the pursuit of the occupation of road transport operator, in compliance with the provisions applicable to the protection of personal data.
Justification
Legally and linguistically clearer.
Amendment 94 Article 24, paragraph 2
2. The competent authorities shall exchange information on serious criminal convictions, and serious infringements committed and serious and specific facts liable to have consequences for the pursuit of the occupation of road transport operator, in compliance with the provisions applicable to the protection of private data.	deleted
Justification
Legally and linguistically clearer.
Amendment 95 Article 25, paragraph 3
3. Where reference is made to this paragraph, Article 5a(1-4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.	3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Justification
Legally and linguistically clearer.
Amendment 96 Article 25, paragraph 4, subparagraph 1
Where reference is made to this paragraph, Articles 5a(1-4) and 5(b) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.	Where reference is made to this paragraph, Articles 5a(1) to (4) and (5)(b) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The time-limits laid down in of Article 5a(3)(c), (4)(b) and (4)(e) of Decision 1999/468/EC shall be one month.
Justification
Legally and linguistically clearer.
Amendment 97 Article 26, paragraph 1, point (b)
(b) the number of authorisations granted by year and by type, those suspended, those withdrawn, the number of warnings, the number of declarations of unfitness and the reasons;	(b) the number of authorisations granted by year and by type, those suspended, those withdrawn, the number of declarations of unfitness and the reasons;
Justification
It is important to present only the suspensions or withdrawals of licenses and not all notifications sent by the competent authority.
Amendment 98 Article 26, paragraph 1, point (d)
(d) statistics relating to updates of the national electronic registers; and	(d) core statistics relating to the national electronic registers and their use by competent authorities; and
Justification
In order to avoid an unnecessary administrative burden, it suffices to present the core statistics related to the national electronic registers.
Amendment 99 Article 26, paragraph 2 a (new)
	2a. By 1 June 2009 the Commission shall report on the likely impact of extending the scope of this Regulation to include commercial transport with vehicles whose design and equipment are appropriate and which are intended to carry up to nine persons including the driver. The Commission shall if necessary take the relevant initiatives.
Justification
The question arises as to whether extending the scope of the Regulation to include commercial transport with vehicles of up to nine persons (particularly taxis) would make sense to improve the quality of services and the mutual recognition of professional competence between Member States.
Amendment 100 Article 27
Each Member State shall forward to the Commission a list of competent authorities which it has designated to authorise the pursuit of the occupation of road transport operator and a list of the accredited authorities or bodies responsible for organising the examinations. A consolidated list of those authorities and bodies throughout the Community shall be published by the Commission in the Official Journal of the European Union.	Each Member State shall forward to the Commission at latest at the date of application of this Regulation a list of competent authorities which it has designated to authorise the pursuit of the occupation of road transport operator and a list of the accredited authorities or bodies responsible for organising the examinations and issuing the certificates. A consolidated list of those authorities and bodies throughout the Community shall be published by the Commission in the Official Journal of the European Union.
Justification
The competent authorities are the key point of this Regulation. Therefore, it is essential that a list of these be sent to the Commission in due time to be able to check that all necessary measures have been implemented.
Amendment 101 Article 28
Member States shall communicate to the Commission as soon as possible the text of the laws, regulations or administrative provisions of national law which they adopt in the field governed by this Regulation.	Member States shall communicate to the Commission the text of the laws, regulations or administrative provisions of national law which they adopt in the field governed by this Regulation no later than six days after their date of adoption and for the first time no later than the date of application of the present Regulation.
Justification
Taking into consideration the date of application it is necessary that the national law and administrative provisions adopted in the field governed by this Regulation to be notified to the Commission. Any later changes of them should be notified to the Commission within 60 days after their adoption.
Amendment 102 Article 29 a (new)
	Article 29a
	The following paragraph shall be inserted in Article 8 of Regulation (EG) No 561/2006:
	(6a) By way of derogation from the above, it shall be permissible in the case of cross-frontier occasional transport to allow the weekly rest period to begin no later than at the end of twelve 24-hour periods after the previous weekly rest period. In such cases two regular, or one regular and one reduced, weekly rest periods shall be granted consecutively. The total accumulated driving time during these twelve 24-hour periods may not exceed 90 hours.
Justification
A practical, necessary and justified exemption for cross-frontier tourist passenger transport.
Amendment 103 Article 30
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.	This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
It shall apply with effect from […]	It shall apply with effect from 1 June 2009
This Regulation shall be binding in its entirety and directly applicable in all Member States.	This Regulation shall be binding in its entirety and directly applicable in all Member States.
Justification
It is important to give enough time to the Member States and to the undertakings to make all necessary preparation in order to apply this Regulation. The date of application makes unnecessary Article 23.
Amendment 104 Annex II a (new)
	The list of infringements as referred in Article 6.2.(a) is as follows:
	1. (a) Exceeding the maximum six-day or fortnightly driving time limits by margins of 25% or more.
	(b) Exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50 % or more without taking a break or an uninterrupted rest period of at least 4,5 hours.
	2. No tachograph and/or speed limiter fitted or use of a fraudulent device able to modify the records of the recording equipment and/or the speed limiter or falsification of […] record sheets or data downloaded from the tachograph and/or the driver card.
	3. Driving without a valid roadworthiness test or where the vehicle contains a very serious deficiency of, inter alia, the braking system, steering linkages, wheels/tyres, suspension or chassis that would create an immediate risk to road safety that would lead to a decision to immobilise the vehicle.
	4. Dangerous goods being carried that are prohibited for transport, or dangerous goods that are carried without the required placarding or marking of the vehicle.
	5. Carriage of passengers or goods without holding a valid driving licence or made by an undertaking which is not the holder of a valid Community licence.
	6. Driver using a driver card that has been falsified, of which he is not the holder or which has been obtained on the basis of false declarations and/or forged documents.
	7. Carriage of goods by exceeding the maximum permissible laden weight by 20% or more.
Justification
It is important to list the most severe infringements.

EXPLANATORY STATEMENT

Introduction

The draft Regulation is intended to replace an existing Directive. The Commission's stated intention in proposing this Regulation is two-fold. It is, firstly, to benefit from the experience obtained since the Directive came into force in 1996 and secondly to ensure a more uniform and rigorous application of the provisions of the legislation by opting for a Regulation over a Directive.

It should be pointed out that the draft Regulation results from a process of extensive consultation of stakeholders by the Commission. From her own soundings your rapporteur can confirm that principle of a Regulation in this area has been broadly welcomed within the road transport sector. This does not mean however that the draft Regulation does not require close examination and perhaps amendment.

Subject matter

The purpose of the Regulation is to:

- set down the conditions ( establishment, repute, financial standing and professional competence) which a natural or legal person must fulfil in order to be admitted to, and continue to pursue, the occupation of road transport operator

- establish the terms under which an undertaking may engage a transport manager (effective, continuous employment; contractual link; duties and responsibilities; parallel employment; and independence)

- reinforce authorisation and monitoring through a system of competent authorities and the registration and examinations of applications

- regulate electronic registers and the protection of electronic data

- set up a system of mutual recognition of diplomas, and determine sanctions and prior rights

Some questions in each domain-conditions to be a transport operator

While welcoming the proposal in general terms your rapporteur has nevertheless a number of reservations concerning various aspects of the proposal.

On admission to the occupation

Article 4 on who may be a transport manager seems to overlook the case of a majority shareholder in a small company. If other conditions are fulfilled this person should be able to act as a transport manager.

On conditions for establishment

A critical consideration here is that the article prevents the use of "post box" addresses by disreputable operators is prevented or at least makes this more difficult. However your rapporteur is unconvinced by the provision on parking places as an indicator of the company being really present at the address.

On good repute

In its proposal the Commission does not list the general categories of convictions which give grounds for doubting good repute. This is subject for an amendment proposed by the rapporteur.

In addition to the general categories the Commission shall adopt a list of categories and types of infringement which may lead to the loss of good repute. Charges to this list will be subject to the comitology with scrutiny procedure. The same procedure will be used to determine frequency of occurrence beyond which repeated infringement will be regarded as more serious.

On financial standing

Again the general sense is clear. However the periodicity of review of national currencies against the Euro seems too long at five years. Your rapporteur is not convinced that the "quick ratio" of assets to debts is set at the right level at 80%, and proposes 50%.

On professional competence

Here it is difficult to see why there should be a requirement for 140 hours of compulsory training and a compulsory written examination. Might not an experienced candidate with less than five years experience be able to pass the examination without 140 hours of compulsory training? Conversely for established transport operators might there not be a need for periodic refresher courses to cover new developments?

Authorisation and monitoring

On examination and registration of applications

Your rapporteur considers that the competent authorities should be made explicitly responsible for the national electronic registers, in addition to being responsible for recording registrations themselves. Regular checks at least every five years ensure that undertakings continue to satisfy the necessary three criteria: good repute, financial standing, professional competence.

Electronic registers and data protection

The system of inter-connected national electronic registers is central to the proper operation of the Regulation .In the rapporteur's view these registers should become operational in all Member states at the same time because partial implementation is no implementation at all. The common rules mentioned at Article 15 should also lay down which authority is responsible for use and updating of data.

Further your rapporteur is concerned that Article 16 on the protection of personal data could lead to confusion. When the more exhaustive provisions of Directive 95/46/Ec on the rights of the data subject are considered, it lacks added value and might even be interpreted in the sense of restricting those rights, or at least Article 16, paragraph b seems to have that effect.

Mutual recognition, sanctions and prior rights

Your rapporteur is unconvinced that provision for prior rights is included at Article 22 for those states which joined the European Union before 1 January 1995. This would at this point seem to be a redundant provision, especially as no analogue arrangement is proposed for states which joined the Union after 1 January 1995.

Conclusion

As can be seen from the above the draft Regulation stands in need of amendment. The general intention underpinning the Regulation and the aim of clarifying conditions for access to the profession while ensuring a more harmonious application of those conditions are entirely acceptable. Your rapporteur recommends that the principle of the Regulation be endorsed but that members consider with care how the regulation may be improved through amendment.

Other amendments

A number of other amendments are proposed after careful discussion with the Commission and Council, both to improve the content and tighten the structure of the proposal. This should allow the focus of debate and amendment to be the key element of the proposal as the codecision procedure advances.

PROCEDURE

Title	Conditions to be complied with to pursue the occupation of road transport operator
References	COM(2007)0263 – C6-0145/2007 – 2007/0098(COD)
Date submitted to Parliament	23.5.2007
Committee responsible        Date announced in plenary	TRAN 12.7.2007
Committee(s) asked for opinion(s)        Date announced in plenary	EMPL 12.7.2007
Not delivering opinions        Date of decision	EMPL 5.6.2007
Rapporteur(s)        Date appointed	Silvia-Adriana Ţicău 3.7.2007
Discussed in committee	9.10.2007		22.10.2007		21.1.2008		26.2.2008
	25.3.2008
Date adopted	26.3.2008
Result of final vote	+: –: 0:	30 5 0
Members present for the final vote	Gabriele Albertini, Etelka Barsi-Pataky, Michael Cramer, Luis de Grandes Pascual, Arūnas Degutis, Christine De Veyrac, Saïd El Khadraoui, Emanuel Jardim Fernandes, Francesco Ferrari, Brigitte Fouré, Mathieu Grosch, Georg Jarzembowski, Stanisław Jałowiecki, Timothy Kirkhope, Dieter-Lebrecht Koch, Jaromír Kohlíček, Sepp Kusstatscher, Jörg Leichtfried, Eva Lichtenberger, Marian-Jean Marinescu, Erik Meijer, Willi Piecyk, Reinhard Rack, Luca Romagnoli, Gilles Savary, Brian Simpson, Dirk Sterckx, Ulrich Stockmann, Silvia-Adriana Ţicău, Yannick Vaugrenard
Substitute(s) present for the final vote	Jeanine Hennis-Plasschaert, Elisabeth Jeggle, Anne E. Jensen, Maria Eleni Koppa
Substitute(s) under Rule 178(2) present for the final vote	Donato Tommaso Veraldi