REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) 1071/2009 and Regulation (EC) 1072/2009 with a view to adapting them to developments in the sector
7.6.2018 - (COM(2017)0281 – C8‑0169/2017 – 2017/0123(COD)) - ***I
Committee on Transport and Tourism
Rapporteur: Ismail Ertug
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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) 1071/2009 and Regulation (EC) 1072/2009 with a view to adapting them to developments in the sector
(COM(2017)0281 – C8‑ 0169/2017– 2017/0123(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2017)0281),
– having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0169/2017),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the Economic and Social Committee of 18 January 2018[1],
– after consulting the Committee of the Regions,
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Employment and Social Affairs (A8-0204/2018),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1 Proposal for a regulation Recital 2 | ||||||||||||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit.The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator,provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory. |
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass, including that of trailers, not exceeding 3.5 tonnes. The number of such undertakings has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. In order to avoid possible loopholes and to ensure a minimum level of professionalisation of the sector using motor vehicles with a permissible laden mass, including that of trailers, of 2.4 to 3.5 tonnes for international transport by way of common rules, and thus to approximate competitive conditions between all operators, the requirements for engagement in the occupation of road transport operator should apply equally, while avoiding a disproportionate administrative burden. Since this Regulation only applies to undertakings transporting goods for hire or reward, undertakings performing transport operations for own account are not covered by this provision. | |||||||||||||||||||||||||||||||||
Amendment 2 Proposal for a regulation Recital 2 a (new) | ||||||||||||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||
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(2a) In its impact assessment, the Commission estimates savings for businesses in the range of EUR 2,7 to 5,2 billion in the period 2020-2035. | |||||||||||||||||||||||||||||||||
Amendment 3 Proposal for a regulation Recital 4 | ||||||||||||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||
(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment. |
(4) In order to combat the phenomenon of so-called ‘letterbox companies’ and guarantee fair competition and a level playing field in the internal market, clearer establishment criteria, more intensive monitoring and enforcement, and improved cooperation between Member States is necessary. Road transport operators established in a Member State should have a real and continuous presence in that Member State and actually conduct their transport business and perform substantial activities from there. Therefore, and in light of experience, it is necessary to clarify and strengthen the provisions regarding the existence of an effective and stable establishment, while avoiding a disproportionate administrative burden. | |||||||||||||||||||||||||||||||||
Amendment 4 Proposal for a regulation Recital 7 | ||||||||||||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute. |
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute. | |||||||||||||||||||||||||||||||||
Amendment 5 Proposal for a regulation Recital 10 | ||||||||||||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||
(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit. |
(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass, including that of trailers, between 2.4 and 3.5 tonnes and engaged in international transport operations, should have a minimum financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations conducted with these vehicles are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit. | |||||||||||||||||||||||||||||||||
Amendment 6 Proposal for a regulation Recital 11 | ||||||||||||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||
(11) The information about transport operators contained in the national electronic registers should be as complete as possible to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations(EC) No 1071/2009 and (EC) No 1072/2009. The rules on the national electronic register should therefore be amended accordingly. |
(11) The information about transport operators contained in the national electronic registers should be complete and up-to-date to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire and their risk rating should allow a better national and cross-border enforcement of the provisions of Regulations (EC) No 1071/2009 and (EC) No 1072/2009, as well as other relevant Union legislations. Furthermore, in order to provide enforcement officials, including those performing roadside checks, with a clear and complete overview of the transport operators being checked, they should have direct and real-time access to all relevant information. Therefore, the national electronic registers should be truly interoperable and the data contained therein should be directly and in real-time accessible to all designated enforcement officials of all Member States. The rules on the national electronic register should therefore be amended accordingly. | |||||||||||||||||||||||||||||||||
Amendment 7 Proposal for a regulation Recital 13 | ||||||||||||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||
(13) The rules on national transport performed on a temporary basis by non-resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far. |
(13) The rules on national transport performed on a temporary basis by non-resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce. | |||||||||||||||||||||||||||||||||
Amendment 8 Proposal for a regulation Recital 14 | ||||||||||||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||
(14) To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be reduced. |
(14) In order to avoid empty runs, cabotage operations should be allowed, subject to specific restrictions, in the host Member State and in contiguous Member States. To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the period available for such operations within one Member State should be reduced. | |||||||||||||||||||||||||||||||||
Amendment 9 Proposal for a regulation Recital 14 a (new) | ||||||||||||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||
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(14 a) In order to prevent cabotage operations from being carried out on a systematic basis, which could create a permanent or continuous activity that distorts the national market, the period available for cabotage operations in one host Member State should be reduced. In addition, hauliers should not be allowed to carry out new cabotage operations in the same host Member State within a certain time period and until they have performed a new international carriage originating from the Member State where the undertaking is established. This provision is without prejudice to the performance of international transport operations. | |||||||||||||||||||||||||||||||||
Amendment 10 Proposal for a regulation Recital 15 | ||||||||||||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||
(15) The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures. |
(15) Effective and efficient enforcement of the rules is a prerequisite for fair competition in the internal market. Further digitalisation of enforcement tools is essential in order to free up enforcement capacity, reduce unnecessary administrative burden on international transport operators and in particular SMEs, better target high-risk transport operators and detect fraudulent practices. In order for transport documents to become paperless, the use of electronic documents should in the future become the rule, particularly the electronic consignment note under the Convention on the Contract for the International Carriage of Goods by Road (eCMR). The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures. | |||||||||||||||||||||||||||||||||
Amendment 11 Proposal for a regulation Recital 15 a (new) | ||||||||||||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||
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(15 a) The swift introduction of the smart tachograph is of paramount importance, as it will enable enforcement authorities carrying out roadside checks to detect infringements and abnormalities quicker and more efficiently, which would result in better enforcement of this Regulation. | |||||||||||||||||||||||||||||||||
Amendment 12 Proposal for a regulation Recital 16 | ||||||||||||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||
(16) Transport undertakings are the addressees of the rules on international carriage and are, as such, subject to the consequences of any infringements committed by them. However, in order to prevent abuses by undertakings contracting transport services from road haulage operators, Member States should also provide for sanctions on shippers and freight forwarders in case they knowingly commission transport services which involve infringements of the provisions of Regulation (EC) No 1072/2009. |
(16) Transport undertakings are the addressees of the rules on international carriage and are, as such, subject to the consequences of any infringements committed by them. However, in order to prevent abuses by undertakings contracting transport services from road haulage operators, Member States should also provide for sanctions on consignors, shippers, freight forwarders, contractors and subcontractors where they know that the transport services that they commission involve infringements of the provisions of Regulation (EC) No 1072/2009. When undertakings contracting transport services commission those services from transport undertakings with a low risk rating, their liability should be reduced. | |||||||||||||||||||||||||||||||||
Amendment 13 Proposal for a regulation Recital 16 a (new) | ||||||||||||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | |||||||||||||||||||||||||||||||||
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(16 a) The proposed European Labour Authority [...] aims at supporting and facilitating the cooperation and exchange of information between national competent authorities, with a view to the effective enforcement of relevant Union law. In supporting and facilitating the enforcement of this Regulation, the Authority may play an important role in assisting the exchange of information between competent authorities, in supporting Member States in capacity building through staff exchange and training, and in assisting Member States in organizing concerted checks. This would strengthen the mutual trust between Member States, improve effective cooperation between competent authorities and help fighting fraud and abuse of the rules. | |||||||||||||||||||||||||||||||||
Amendment 14 Proposal for a regulation Article 1 – paragraph 1 – point 1 – point a – point i Regulation (EC) No 1071/2009 Article 1 – paragraph 4 – point a | ||||||||||||||||||||||||||||||||||
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Amendment 15 Proposal for a regulation Article 1 – paragraph 1 – point 1 – point a – point ii Regulation 1071/2009 Article 1 – paragraph 4 – point b – paragraph 2 | ||||||||||||||||||||||||||||||||||
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Justification | ||||||||||||||||||||||||||||||||||
The definition of "non-commercial carriage" should include operations undertaken where the motivation is not commercial gain.Purely charitable operations, such as community bus services, that involve some form of financial contribution towards the carriage, should not be excluded from this exemption. | ||||||||||||||||||||||||||||||||||
Amendment 16 Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b Regulation (EC) No 1071/2009 Article 1 – paragraph 6 | ||||||||||||||||||||||||||||||||||
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Amendment 17 Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a Regulation (EC) No 1071/2009 Article 5 – point a | ||||||||||||||||||||||||||||||||||
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Amendment 18 Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a Regulation (EC) No 1071/2009 Article 5 – point a a (new) | ||||||||||||||||||||||||||||||||||
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Amendment 19 Proposal for a regulation Article 1 – paragraph 1 – point 3 – point b Regulation (EC) No 1071/2009 Article 5 – point c | ||||||||||||||||||||||||||||||||||
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Amendment 20 Proposal for a regulation Article 1 – paragraph 1 – point 3 – point c Regulation (EC) No 1071/2009 Article 5 – point d | ||||||||||||||||||||||||||||||||||
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Amendment 21 Proposal for a regulation Article 1 – paragraph 1 – point 3 – point d a (new) Regulation (EC) No 1071/2009 Article 5 – point f | ||||||||||||||||||||||||||||||||||
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Amendment 22 Proposal for a regulation Article 1 – paragraph 1 – point 4 – point a – point iii a (new) Regulation (EC) No 1071/2009 Article 6 – point b – point xii a (new) | ||||||||||||||||||||||||||||||||||
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Amendment 23 Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c Regulation (EC) No 1071/2009 Article 6 – paragraph 2 a – point b | ||||||||||||||||||||||||||||||||||
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Amendment 24 Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a Regulation (EC) No 1071/2009 Article 7 – paragraph 1 | ||||||||||||||||||||||||||||||||||
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Amendment 25 Proposal for a regulation Article 1 – paragraph 1 – point 5 – point b Regulation (EC) No 1071/2009 Article 7 – paragraph 2 | ||||||||||||||||||||||||||||||||||
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Amendment 26 Proposal for a regulation Article 1 – paragraph 1 – point 5 a (new) Regulation (EC) No 1071/2009 Article 8 – paragraph 5 | ||||||||||||||||||||||||||||||||||
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(http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32009R1071) | ||||||||||||||||||||||||||||||||||
Amendment 27 Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EC) No 1071/2009 Article 12 – paragraph 2 – subparagraph 2 | ||||||||||||||||||||||||||||||||||
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Amendment 28 Proposal for a regulation Article 1 – paragraph 1 – point 10 (new) Regulation (EC) No 1071/2009 Article 14 – paragraph 2 | ||||||||||||||||||||||||||||||||||
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Amendment 29 Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a – point -i a (new) Regulation (EC) No 1071/2009 Article 16 – paragraph 2 – point c | ||||||||||||||||||||||||||||||||||
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Amendment 30 Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a – point i Regulation (EC) No 1071/2009 Article 16 – paragraph 2 – point h | ||||||||||||||||||||||||||||||||||
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Amendment 31 Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a – point ii Regulation (EC) No 1071/2009 Article 16 – paragraph 2 – subparagraph 2 | ||||||||||||||||||||||||||||||||||
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Amendment 32 Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a – point ii Regulation (EC) No 1071/2009 Article 16 – paragraph 2 – subparagraph 3 | ||||||||||||||||||||||||||||||||||
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Amendment 33 Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a – point ii Regulation (EC) No 1071/2009 Article 16 – paragraph 2 – subparagraph 3 a (new) | ||||||||||||||||||||||||||||||||||
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Amendment 34 Proposal for a regulation Article 1 – paragraph 1 – point 11 – point b a (new) Regulation (EC) No 1071/2009 Article 16 – paragraph 5 | ||||||||||||||||||||||||||||||||||
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(https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32009R1071) | ||||||||||||||||||||||||||||||||||
Amendment 35 Proposal for a regulation Article 1 – paragraph 1 – point 11 – point b b (new) Regulation (EC) No 1071/2009 Article 16 – paragraph 6 | ||||||||||||||||||||||||||||||||||
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(https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32009R1071) | ||||||||||||||||||||||||||||||||||
Amendment 36 Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EC) No 1071/2009 Article 18 – paragraph 1 | ||||||||||||||||||||||||||||||||||
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Amendment 37 Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EC) No 1071/2009 Article 18 – paragraph 1 a (new) | ||||||||||||||||||||||||||||||||||
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Amendment 38 Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EC) No 1071/2009 Article 18 – paragraph 3 | ||||||||||||||||||||||||||||||||||
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Amendment 39 Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EC) No 1071/2009 Article 18 – paragraph 4 | ||||||||||||||||||||||||||||||||||
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Amendment 40 Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EC) No 1071/2009 Article 18 – paragraph 5 | ||||||||||||||||||||||||||||||||||
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Amendment 41 Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EC) No 1071/2009 Article 18 – paragraph 6 | ||||||||||||||||||||||||||||||||||
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Amendment 42 Proposal for a regulation Article 1 – paragraph 1 – point 12 a (new) Regulation (EC) No 1071/2009 Article 18 a (new) | ||||||||||||||||||||||||||||||||||
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Amendment 43 Proposal for a regulation Article 1 – paragraph 1 – point 16 Regulation (EC) No 1071/2009 Article 26 – paragraph 3 | ||||||||||||||||||||||||||||||||||
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Amendment 44 Proposal for a regulation Article 1 – paragraph 1 – point 16 Regulation (EC) No 1071/2009 Article 26 – paragraph 3 – point a | ||||||||||||||||||||||||||||||||||
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Amendment 45 Proposal for a regulation Article 1 – paragraph 1 – point 16 Regulation (EC) No 1071/2009 Article 26 – paragraph 3 – point b | ||||||||||||||||||||||||||||||||||
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Amendment 46 Proposal for a regulation Article 1 – paragraph 1 – point 16 Regulation (EC) No 1071/2009 Article 26 – paragraph 3 – point c | ||||||||||||||||||||||||||||||||||
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Amendment 47 Proposal for a regulation Article 1 – paragraph 1 – point 16 Regulation (EC) No 1071/2009 Article 26 – paragraph 3 – point d | ||||||||||||||||||||||||||||||||||
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Amendment 48 Proposal for a regulation Article 1 – paragraph 1 – point 16 Regulation (EC) No 1071/2009 Article 26 – paragraph 4 | ||||||||||||||||||||||||||||||||||
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Amendment 49 Proposal for a regulation Article 1 – paragraph 1 – point 16 Regulation (EC) No 1071/2009 Article 26 – paragraph 5 | ||||||||||||||||||||||||||||||||||
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Amendment 50 Proposal for a regulation Article 1 – paragraph 1 – point 16 a (new) Regulation (EC) No 1071/2009 Article 26 – paragraph 5 a (new) | ||||||||||||||||||||||||||||||||||
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Amendment 51 Proposal for a regulation Article 2 – paragraph 1 – point 1 a (new) Regulation (EC) No 1072/2009 Article 1 – paragraph 1 – subparagraph 1 b (new) | ||||||||||||||||||||||||||||||||||
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Amendment 52 Proposal for a regulation Article 2 – paragraph 1 – point 1 b (new) Regulation (EC) No 1072/2009 Article 1 – paragraph 2 | ||||||||||||||||||||||||||||||||||
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Amendment 53 Proposal for a regulation Article 2 – paragraph 1 – point 1 b (new) Regulation (EC) No 1072/2009 Article 1 – paragraph 5 – point c | ||||||||||||||||||||||||||||||||||
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Amendment 54 Proposal for a regulation Article 2 – paragraph 1 – point 2 – point a a (new) Regulation (EC) No 1072/2009 Article 2 – paragraph 7 a (new) | ||||||||||||||||||||||||||||||||||
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Justification | ||||||||||||||||||||||||||||||||||
Definition is needed for the purpose of setting rules on posting of drivers in COM(2017)0278 | ||||||||||||||||||||||||||||||||||
Amendment 55 Proposal for a regulation Article 2 – paragraph 1 – point 3 a (new) Regulation (EC) No 1072/2009 Article 4 – paragraph 1 – point c | ||||||||||||||||||||||||||||||||||
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Amendment 56 Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a Regulation (EC) No 1072/2009 Article 8 – paragraph 2 | ||||||||||||||||||||||||||||||||||
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Amendment 57 Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a a (new) Regulation (EC) No 1072/2009 Article 8 – paragraph 2 a (new) | ||||||||||||||||||||||||||||||||||
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Amendment 58 Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c Regulation (EC) No 1072/2009 Article 8 – paragraph 4 a | ||||||||||||||||||||||||||||||||||
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Amendment 59 Proposal for a regulation Article 2 – paragraph 1 – point 5 a (new) Regulation (EC) No 1072/2009 Article 9 – paragraph 1 – point e a (new) | ||||||||||||||||||||||||||||||||||
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Amendment 60 Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 1072/2009 Article 10 a – title | ||||||||||||||||||||||||||||||||||
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Amendment 61 Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 1072/2009 Article 10 a – paragraph 1 | ||||||||||||||||||||||||||||||||||
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Amendment 62 Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 1072/2009 Article 10 a – paragraph 1 a (new) | ||||||||||||||||||||||||||||||||||
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Amendment 63 Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 1072/2009 Article 10 a – paragraph 2 a (new) | ||||||||||||||||||||||||||||||||||
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Amendment 64 Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 1072/2009 Article 10 a – paragraph 2 b (new) | ||||||||||||||||||||||||||||||||||
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Amendment 65 Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 1072/2009 Article 10 a – paragraph 2 c (new) | ||||||||||||||||||||||||||||||||||
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Amendment 66 Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 1072/2009 Article 10 a – paragraph 2 d (new) | ||||||||||||||||||||||||||||||||||
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Amendment 67 Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 1072/2009 Article 10 a – paragraph 3 | ||||||||||||||||||||||||||||||||||
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Amendment 68 Proposal for a regulation Article 2 – paragraph 1 – point 8 Regulation (EC) No 1072/2009 Article 14 a – paragraph 1 | ||||||||||||||||||||||||||||||||||
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Amendment 69 Proposal for a regulation Article 2 – paragraph 1 – point 10 Regulation (EC) No 1072/2009 Article 17 – paragraph 3 | ||||||||||||||||||||||||||||||||||
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Amendment 70 Proposal for a regulation Article 2 – paragraph 1 – point 10 Regulation (EC) 1072/ 2009 Article 17 – paragraph 3 a (new) | ||||||||||||||||||||||||||||||||||
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- [1] OJ C 0, 0.0.0000, p. 0.
EXPLANATORY STATEMENT
BACKGROUND
The road transport sector is a very important sector and crucial to make our society function. The sector employs over 11 million people and carries almost half of all the freight volume in the EU.
On 31 May 2017, the Commission adopted a “Mobility Package” with the aim to ensure fair competition, simplify existing rules, preserve the EU internal market and ensure the rights of workers in this sector.
The Mobility Package consists of several legislative proposals. One of them is the current proposal, amending Regulations 1071/2009 and 1072/2009, on the access to the road haulage market and to the occupation of road transport undertaking. These regulations lay down provisions that companies need to comply with if they wish to operate on the international road haulage market or in national markets other than their own (cabotage).
However, differences in the interpretation of the provisions, inconsistencies in enforcement practices and lack of cooperation between Member States, have diminished their effectiveness and created legal uncertainty and unequal competition conditions for transport operators.
The Commission proposals introduces changes in four distinctive areas; letterbox companies, light commercial vehicles (LCVs), cabotage and enforcement.
Certain hauliers open "fake subsidiaries" in low wage Member States in order to exploit wage differentials, while operating exclusively in high wage Member States. This leads to an unfair competitive advantage over hauliers, which are properly established in the Member State where they mainly operate.
To eliminate the use of letterbox companies, the Commission proposes to further strengthen the criteria on establishment in order to ensure that the haulier has real activity in the Member State of establishment. For example to conduct business from these premises, hold assets and employ staff proportionate to the activity.
Furthermore, the Commission is streamlining the cooperation between Member States in this field. Member States would need to cooperate more closely with each other to uncover letterbox companies and perform on-site inspections if needed.
Currently, LCVs (vehicles under 3.5 tonnes) are excluded from the scope of Regulation 1071/2009. However, Member States are allowed to apply some of the provisions of the Regulation to the LCVs established in their territory, which leads to a patchwork of requirements across the EU. Since the use of LCVs is expected to further grow in the coming years, the Commission proposes to subject LCVs to some of the rules regarding access to profession.
Currently the market for cabotage, the transport of goods within a Member State by a transport company established in another Member State is subject to restrictions. Current EU rules allow for three cabotage operations within seven days of an international delivery.
However, the current provisions are very difficult to enforce. Control authorities require paper documents on the number of cabotage operations but this does not seem to be working effectively. The rules have also been implemented in an unharmonised way across the EU, leading to administrative burden, legal uncertainty, unfair competition and mistrust between national and foreign operators.
Since cabotage is mainly concentrated in some but not all Member States, the unclear rules and implementation can seriously affect national operators operating in those Member States where cabotage is a big part of the national transport market. This mainly due to substantial differentiations in terms of wages, tax regimes, social contributions, labour provisions. The Commission concludes that the sector is not yet ready for liberalisation.
The Commission therefore proposes a new rule, namely unlimited cabotage operations within five days of an international carriage. This is combined with a strict application of the minimum wage and annual paid leave rights of the host Member States from the first cabotage operation, the possibility to proof the legality of cabotage by electronic documents (e.g. eCMR) and the obligation on Member States to perform a minimum percentage of cabotage checks.
In order to address the varying levels and effectiveness of controls between Member States, the Commission proposes to set annual mandatory thresholds for cabotage checks and concerted (cross-border) checks. Further, the Commission wants to improve the cooperation between Member States via rules on exchange of information, enable targeted checks by providing risk rating via the European Register for Road Undertakings and further encourage the use of the smart tachograph and e-documents.
RAPPORTEUR’S OPINION
The rapporteur welcomes the Mobility Package, since there is a strong need to review legislation in order to improve current rules. The package includes several important legislations and the rapporteur stresses the need to keep them interlinked in order to ensure clear rules. It is important to have coherent regulation to avoid loopholes, which creates unfair competition for companies. In regard to this, the rapporteur thus regrets that the revision of the directive on combined transport, Directive 92/106/EEC, was separated from the first part of the mobility package and released later.
The rapporteur supports the Commission’s objective to clarify the rules to improve the level playing field and fair competition in the sector, while at the same time not creating unnecessary administrative burden. Especially for small and medium enterprises (SMEs). The update of legislation is also needed keeping in mind the technological improvement and the digitalisation of transport. Something that is key to ensure effective enforcement of the rules.
However, the rapporteur believes that the proposal can be strengthened on several points in order to ensure balanced conditions for fair competition and rigorous enforcement, so that the benefits of the single market could truly be reaped.
The rapporteur supports the Commission’s proposals to fight letterbox companies. There are currently more than 400 letterbox companies in the EU. They are set-up by hauliers operating in high-wage Member States and seeking to unduly benefit from lower labour costs or taxes in other Member States. These operators abuse the loopholes in the legislation and the lax enforcement, which leads to unfair competition.
It is important to strengthen and to clarify the requirements regarding the establishment of a real business presence and to complement the data to be inserted in national electronic registers in order to get a fuller picture of the ownership of a company.
Furthermore, the opinion of the rapporteur is that the inclusion of LCVs in this legislation is needed, as there is an increase in these vehicles in the market and therefore shall follow the same rules. However, it is also central to keep in mind that the road transport sector consists of many SMEs who only do national transport operations. Therefore, the rapporteur proposes to restrict the scope of this regulation to only LCVs operating internationally (which is only ca 10 percent of all LCVs).
Nevertheless, for those LCVs, the rapporteur believes that all four criteria should apply, also “good repute” and “professional competence”, as well as the requirement to obtain a community licence. This will ensure that international transport performed by LCVs will meet the same minimum standards of profession as the rest of the road freight sector. In order to further reduce administrative burden, the rapporteur proposes to exclude very light LCVs (under 2.4 tonnes) from the scope.
When it comes to cabotage, the rapporteur emphasises the purpose of these operations, namely to reduce emissions from empty trucks returning from an international transport and to be conducted on a temporary basis. For example, if an international transport operation is being combined with some national operations on the way back, it could increase transport efficiency and reduce empty runs.
However, currently the cabotage rules are being abused to allow foreign hauliers, by systematically using the purpose of cabotage, to perform repeatedly national transport operations. This leads to unfair competition and social dumping. Since cabotage operations is the same as national transport operations, the rapporteur reminds that the Posting of Drivers Directive, Directive 96/71/EC, should be applied. This is also indicated in the Commission proposal of that directive.
The Commission’s proposals unfortunately fail to address the issue of systematic cabotage. The rapporteur believes that tackling systematic cabotage is key. It is also important to ensure that transport companies would not be able to abuse the Combined Transport Directive in order to circumvent the cabotage rules.
The rapporteur therefore proposes improvement for what exactly encompasses an international transport operation giving right to cabotage, in order to stop systematic cabotage, by including the value of the international operation contract for example. In addition, the rapporteur proposes to limit the time for which cabotage operations is allowed to be performed, to underline its temporary character.
Finally, the rapporteur believes that strengthening enforcement is absolutely key in order to achieve any of the objectives of the proposal. Currently, enforcement is rather weak with discrepancies between Member States. Thus, the rapporteur proposes to strengthen the provisions regarding administrative cooperation and enforcement. In order for competent authorities to conduct checks they need to have easier access to national registers. There is also a need to incentivise the use of the smart tachograph and increase the exchange of best practices and training between Member States on enforcement.
OPINION of the Committee on Employment and Social Affairs (30.4.2018)
for the Committee on Transport and Tourism
on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the sector
(COM(2017)0281 - C8-0169/2017 – 2017/0123(COD))
Rapporteur: Verónica Lope Fontagné
SHORT JUSTIFICATION
Introduction
On 31 May 2017, the Commission presented a proposal for a regulation amending Regulation (EC) No 1071/2009 concerning the conditions to be complied with to pursue the occupation of road transport operator, and Regulation (EC) No 1072/2009 on common rules for access to the international road haulage market.
With this proposal, the Commission is aiming to ensure that the single market for road transport functions properly and is efficient and competitive since, according to the ex-post evaluation carried out in 2014-15, this objective has only been partially met. The main difficulties pinpointed by the evaluation were linked to shortcomings in the rules and their enforcement.
The rapporteur’s position
The rapporteur agrees with the basic objectives of the Commission's proposal, yet believes that approving some of the measures proposed would impede its practical implementation in the road transport sector, since it may result in excessive administrative barriers for undertakings, especially for SMEs, which, ultimately, would hinder the smooth functioning of the internal market.
Additionally, it is worth pointing out that the Commission presented this proposal together with the proposal for a directive on posting drivers in the road transport sector, as well as the proposal for a directive on driving times, and hence the understanding is that these proposals must be analysed jointly.
The rapporteur is of the opinion that these proposals should be used to strike a balance between the smooth functioning of the internal market and ensuring that appropriate working conditions and rules are maintained.
In order to achieve this, the first course of action must be to combat illegal work in the transport sector, especially so-called letterbox companies and false self-employment.
It is vital that the freedom of establishment and the freedom to provide services are respected, freedoms that are fundamental principles of Union law and which are enshrined in Articles 49 and 56 respectively of the TFEU. Nevertheless, just as the Commission states, it is necessary to ensure that road haulage operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there.
Controls need to be tighter, and there must be effective, proportionate and dissuasive penalties for those undertakings that deliberately infringe national and Community regulations. Such behaviour, even though it represents a minority and does not reflect the rest of the sector, results in unfair competition, hinders the smooth functioning of the internal market and does not guarantee workers fair working conditions.
The road haulage sector in the EU provides 5 million direct jobs and accounts for around 2 % of the Community’s GDP. However, the EU is faced with a lack of professional drivers. In light of this, and given the fact that a transport standstill would paralyse the economy, the EU must adopt measures which can attract young people into the sector and also keep existing professional drivers in the sector.
The rapporteur is in favour of having clear requirements for complying with Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009, as well as ensuring that they are fit for the type of activity and the size of the undertaking, and that they do not end up being an excessive administrative barrier.
As such, and, given that the partial implementation of Regulation (EC) No 1071/2009 would mean a rise in operating costs of between 4 and 10 % for LCV despite the fact that these vehicles account for barely 0.11 % of international traffic in terms of tonnes-kilometres, the proposal to completely get rid of the existing exemption provided for by Article 1(4)(a) is viewed as a disproportionate move, in the absence of data to justify the need.
Given the mobile nature of haulage as well as the real difficulties involved in anticipating the time needed to deliver international services, the rapporteur expresses doubts over the actual administrative implications of including the posting of workers as a criterion for evaluating good repute.
With regard to cabotage operations, the rapporteur agrees that flexibility is crucial, and also agrees on the need for clear and simple rules that are easy to enforce. However, the possibility of incorporating these activities within the scope of the Directive on posting drivers in the road transport sector from the outset will not only make it difficult to apply the rules, but will also increase the cost of exports. This, in turn, will reduce the profitability of international transport and have a negative impact on both the internal market and the labour market.
AMENDMENTS
The Committee on Employment and Social Affairs calls on the Committee on Transport and Tourism, as the committee responsible, to take into account the following amendments:
Amendment 1 Proposal for a regulation Recital 2 | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009,to those undertakings. To ensure a minimum level of professionalisation of the sector using vehicles with a permissible laden mass not exceeding 3.5 tonnes by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing should be rendered mandatory. |
(2) So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings has been increasing particularly on the national transport market, because of the use of light commercial vehicles in towns and on shorter routes. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. To ensure a minimum level of professionalisation of the sector, prevent the use of loopholes and create fairer competition on the internal market without imposing unnecessary administrative and financial burdens on transport undertakings, particularly SMEs, the requirements for engagement in the occupation of road transport operator should apply equally for undertakings using vehicles or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes involved in international transport and cabotage operations. | ||||||||||||||||||||||||
Amendment 2 Proposal for a regulation Recital 2 a (new) | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
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(2a) In its impact assessment, the Commission estimates savings for businesses in the range of EUR 2,7 to 5,2 billion in the period 2020-2035. | ||||||||||||||||||||||||
Amendment 3 Proposal for a regulation Recital 3 | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
(3) Currently, Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. This possibility has not proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolished. |
(3) Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. | ||||||||||||||||||||||||
Amendment 4 Proposal for a regulation Recital 3 a (new) | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
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(3a) Even though road transport activity in the Union provides 5 million direct jobs and contributes almost 2 % of the Community’s GDP, the Union is faced with a shortage of professional drivers, particularly among young people and women. In order to make it easier and more attractive for young people and women to access the profession, and, likewise, to retain people currently working in the sector (especially in the case of SMEs), illegal work and bogus self-employment should be reduced and existing administrative procedures should be made more flexible so as not represent an excessive burden for smaller undertakings or self-employed workers. The evaluation of Regulations (EC) No 1071/2009 and (EC) No 1072/2009 has shown that unnecessary administrative and regulatory requirements are a burden for both government bodies and transport undertakings. Clarification of the rules and further administrative simplification are necessary for a competitive and efficient transport industry and their better enforcement. Further support for and exploitation of technological developments is also necessary. | ||||||||||||||||||||||||
Amendment 5 Proposal for a regulation Recital 4 | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Therefore, and in light of experience, it is necessary to clarify the provisions regarding the existence of an effective and stable establishment. |
(4) It is necessary to ensure that road transport operators established in a Member State have a real and continuous presence in that Member State and conduct their business from there. Freedom of establishment is a cornerstone of the internal market. However, the existence of letterbox companies and bogus self-employment within the transport sector have caused a proliferation of illicit practices, which undermine the sector's image, since they illegally reduce labour costs and fail to ensure that working standards are maintained. Therefore, and in light of experience, it is necessary to clarify, the provisions of Regulation (EC) No 1071/2009 on the conditions relating to the requirement of establishment, regarding the existence of an effective and stable establishment, and to ensure and to monitor their implementation, stepping up checks and so putting an end to the illegal practice of so-called letterbox companies and bogus self-employment. It is also necessary to foster enhanced cooperation, joint controls, the setting of more ambitious targets and the exchange of best practices between Member States. | ||||||||||||||||||||||||
Amendment 6 Proposal for a regulation Recital 6 | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
(6) In view of their potential to considerably affect the conditions for fair competition in the road haulage market, serious infringements of national tax rules should be added to the items relevant to the assessment of good repute. |
(6) In view of their potential to considerably affect the conditions for fair competition in the road haulage market, serious infringements of national tax rules should be added to the items relevant to the assessment of good repute and should also, as a deterrent, be subject to sanctions in proportion to the infringement identified. | ||||||||||||||||||||||||
Amendment 7 Proposal for a regulation Recital 7 | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute. |
(7) In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute. | ||||||||||||||||||||||||
Amendment 8 Proposal for a regulation Recital 8 | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
(8) Given the importance of fair competition in the market, infringements of Union rules relevant to this issue should be taken into account in the assessment of the good repute of transport managers and transport undertakings. The empowerment of the Commission to define the degree of seriousness of relevant infringements should be clarified accordingly. |
(8) Given the importance of fair competition in the market, infringements of Union rules relevant to this issue and to the workers concerned should be taken into account in the assessment of the good repute of transport managers and transport undertakings. The empowerment of the Commission to define the degree of seriousness of relevant infringements should be clarified accordingly. | ||||||||||||||||||||||||
Amendment 9 Proposal for a regulation Recital 10 | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit. |
(10) Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or with combinations of vehicles not exceeding that limit involved in international transport should have a sufficient level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis and should have the means to fulfil their obligations related to their employees’ wages and social contributions. However, since the operations concerned are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit and they should not represent an unnecessary burden for smaller undertakings or self-employed workers. | ||||||||||||||||||||||||
Amendment 10 Proposal for a regulation Recital 11 | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
(11) The information about transport operators contained in the national electronic registers should be as complete as possible to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations (EC) No 1071/2009 and (EC) No 1072/2009. The rules on the national electronic register should therefore be amended accordingly. |
(11) The information about transport operators contained in the national electronic registers should be continually updated to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations (EC) No 1071/2009 and (EC) No 1072/2009. Furthermore, the national electronic registers should be interoperable and the data contained therein should be directly accessible for enforcement officials of all Member States performing roadside checks. The rules on the national electronic register should therefore be amended accordingly. | ||||||||||||||||||||||||
Amendment 11 Proposal for a regulation Recital 13 | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
(13) The rules on national transport performed on a temporary basis by non-resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far. |
(13) The principal aim of cabotage operations is to avoid empty journeys while returning to the country of establishment, which contribute to reduce fuel consumption and emissions, improve the profitability of undertakings and hence the internal market and the labour market. The rules on national transport performed on a temporary basis by non-resident hauliers in a host Member State ('cabotage') should be clear, simple for hauliers to implement and easy to enforce. Those rules should comply with the applicable law while maintaining the level of liberalisation achieved so far, without undermining the basic principle of the freedom to provide services in the internal market and the protection of the posted workers. In order to ensure the temporary character and to avoid any misused or distortion of the market, as well as the danger of systematic cabotage caused by so-called ‘letter-box’ companies or nomadic drivers, the Union rules established in directive 96/71/EC of the European Parliament and of the Council1a in the road transport sector are applied to cabotage operations from day 1. | ||||||||||||||||||||||||
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Amendment 12 Proposal for a regulation Recital 14 | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
(14) To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be reduced. |
(14) To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should not be restricted within a 48 hour period. | ||||||||||||||||||||||||
Amendment 13 Proposal for a regulation Recital 14 a (new) | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
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(14a) Following the end of the cabotage operations, road transport undertakings should not be permitted to carry out further cabotage operations with the same vehicle, or, in the case of a coupled combination, with the motor vehicle of that combination, in the host Member State for seven days. | ||||||||||||||||||||||||
Amendment 14 Proposal for a regulation Recital 14 b (new) | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
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(14b) The environmental efficiency of road haulage is crucial to reaching the objectives of the 2020 Strategy. In 2012, nearly a quarter of haulage vehicles in the Union involved an empty vehicle, and, in many cases, this was due to restrictions on cabotage operations. | ||||||||||||||||||||||||
Amendment 15 Proposal for a regulation Recital 14 c (new) | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
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(14c) Recital 17 of Regulation (EC) No 1072/2009 explicitly stipulates that directive 96/71/EC applies to transport undertakings performing a cabotage operation. Since cabotage involves direct participation in the transport market of the host Member State, this is the only way of achieving a level playing field. | ||||||||||||||||||||||||
Amendment 16 Proposal for a regulation Recital 15 | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
(15) The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures. |
(15) Effective and efficient enforcement of the rules is a prerequisite for fair competition in the internal market and to ensure that the rights of workers are protected. Further digitalisation of enforcement is essential in order to free up enforcement capacity, reduce unnecessary administrative burden and better target high-risk transport operators. The rapid update and use of smart tachographs and electronic transport documents (eCMR) is necessary. The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures. | ||||||||||||||||||||||||
Amendment 17 Proposal for a regulation Recital 15 a (new) | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
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(15a) Further digitalisation of enforcement tools is a prerequisite for the proper functioning of the internal market, reducing unnecessary administrative burden and carrying out effective and efficient enforcement of the rules in the road sector. | ||||||||||||||||||||||||
Amendment 18 Proposal for a regulation Article 1 – paragraph 1 – point 1 – point a – point i Regulation (EC) No 1071/2009 Article 1 – paragraph 4 – point a | |||||||||||||||||||||||||
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Amendment 19 Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b Regulation (EC) No 1071/2009 Article 1 – paragraph 6 | |||||||||||||||||||||||||
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Amendment 20 Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 1071/2009 Article 3 – paragraph 2 | |||||||||||||||||||||||||
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Amendment 21 Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a Regulation (EC) No 1071/2009 Article 5 – point a | |||||||||||||||||||||||||
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Amendment 22 Proposal for a regulation Article 1 – paragraph 1 – point 3 – point a a (new) Regulation (EC) No 1071/2009 Article 5 – point a a (new) | |||||||||||||||||||||||||
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Amendment 23 Proposal for a regulation Article 1 – paragraph 1 – point 3 – point d a (new) Regulation (EC) No 1071/2009 Article 5 – paragraph 1 a (new) | |||||||||||||||||||||||||
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Amendment 24 Proposal for a regulation Article 1 – paragraph 1 – point 4 – point a – point iii Regulation (EC) No 1071/2009 Article 6 – paragraph 1 – subparagraph 3 - point b – point xii a (new) | |||||||||||||||||||||||||
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Amendment 25 Proposal for a regulation Article 1 – paragraph 1 – point 4 – point c Regulation (EC) No 1071/2009 Article 6 – paragraph 2 a – point b | |||||||||||||||||||||||||
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Amendment 26 Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a Regulation (EC) No 1071/2009 Article 7 – paragraph 1 – subparagraph 1 | |||||||||||||||||||||||||
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Amendment 27 Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a Regulation (EC) No 1071/2009 Article 7 – paragraph 1 – subparagraph 1 a (new) | |||||||||||||||||||||||||
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Amendment 28 Proposal for a regulation Article 1 – paragraph 1 – point 5 – point b Regulation (EC) No 1071/2009 Article 7 – paragraph 2 | |||||||||||||||||||||||||
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Amendment 29 Proposal for a regulation Article 1 – paragraph 1 – point 5 a (new) Regulation (EC) No 1071/2009 Article 8 – paragraph 5 | |||||||||||||||||||||||||
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(http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32009R1071) | |||||||||||||||||||||||||
Amendment 30 Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EC) No 1071/2009 Article 12 – paragraph 2 – subparagraph 2 | |||||||||||||||||||||||||
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Amendment 31 Proposal for a regulation Article 1 – paragraph 1 – point 11 – point -a (new) Regulation (EC) No 1071/2009 Article 16 – paragraph 1 – subparagraph 2 | |||||||||||||||||||||||||
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Amendment 32 Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a – point -i (new) Regulation (EC) No 1071/2009 Article 16 – paragraph 2 – point a a (new) | |||||||||||||||||||||||||
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Amendment 33 Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a – point -i a (new) Regulation (EC) No 1071/2009 Article 16 – paragraph 2 – point c | |||||||||||||||||||||||||
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Amendment 34 Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a – point -i b (new) Regulation (EC) No 1071/2009 Article 16 – paragraph 2 – point c a (new) | |||||||||||||||||||||||||
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Amendment 35 Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a – point i Regulation (EC) No 1071/2009 Article 16 – paragraph 2 – point h | |||||||||||||||||||||||||
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Amendment 36 Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a – point ii Regulation (EC) No 1071/2009 Article 16 – paragraph 2 – subparagraph 2 a (new) | |||||||||||||||||||||||||
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(http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009R1071&from=EN) | |||||||||||||||||||||||||
Amendment 37 Proposal for a regulation Article 1 – paragraph 1 – point 11 – point b a (new) Regulation (EC) No 1071/2009 Article 16 – paragraph 5 | |||||||||||||||||||||||||
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(http://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX:32009R1071) | |||||||||||||||||||||||||
Amendment 38 Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EC) No 1071/2009 Article 18 – paragraph 3 a (new) | |||||||||||||||||||||||||
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Amendment 39 Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EC) No 1071/2009 Article 18 – paragraph 5 | |||||||||||||||||||||||||
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Amendment 40 Proposal for a regulation Article 1 – paragraph 1 – point 12 Regulation (EC) No 1071/2009 Article 18 – paragraph 9 a (new) | |||||||||||||||||||||||||
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Amendment 41 Proposal for a regulation Article 2 – paragraph 1 – point 1 Regulation (EC) No 1072/2009 Article 1 – paragraph 1 – subparagraph 1a | |||||||||||||||||||||||||
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Amendment 42 Proposal for a regulation Article 2 – paragraph 1 – point 1 a (new) Regulation (EC) No 1072/2009 Article 1 – paragraph 1 – subparagraph 1 b (new) | |||||||||||||||||||||||||
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Amendment 43 Proposal for a regulation Article 2 – paragraph 1 – point 1 b (new) Regulation (EC) No 1072/2009 Article 1 – paragraph 2 | |||||||||||||||||||||||||
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Amendment 44 Proposal for a regulation Article 2 – paragraph 1 – point 1 c (new) Regulation (EC) No 1072/2009 Article 1 – paragraph 5 – point c | |||||||||||||||||||||||||
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Amendment 45 Proposal for a regulation Article 2 – paragraph 1 – point 2 – point a Regulation (EC) No 1072/2009 Article 2 – point 6 | |||||||||||||||||||||||||
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Amendment 46 Proposal for a regulation Article 2 – paragraph 1 – point 2 a (new) Regulation (EC) No 1072/2009 Article 3 – paragraph 1 | |||||||||||||||||||||||||
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(http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32009R1072) | |||||||||||||||||||||||||
Amendment 47 Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a Regulation (EC) No 1072/2009 Article 8 – paragraph 2 | |||||||||||||||||||||||||
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Amendment 48 Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a a (new) Regulation (EC) No 1072/2009 Article 8 – paragraph 2 a (new) | |||||||||||||||||||||||||
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Amendment 49 Proposal for a regulation Article 2 – paragraph 1 – point 5 – point a b (new) Regulation (EC) No 1072/2009 Article 8 – paragraph 2 b (new) | |||||||||||||||||||||||||
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Amendment 50 Proposal for a regulation Article 1 – paragraph 1 – point 5 – point b Regulation (EC) No 1072/2009 Article 8 – paragraph 3 | |||||||||||||||||||||||||
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Amendment 51 Proposal for a regulation Article 1 – paragraph 1 – point 5 – point c Regulation (EC) No 1072/2009 Article 8 – paragraph 4a | |||||||||||||||||||||||||
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Amendment 52 Proposal for a regulation Article 2 – paragraph 1 – point 5 – point c a (new) Regulation (EC) No 1072/2009 Article 8 – paragraph 4 b (new) | |||||||||||||||||||||||||
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Amendment 53 Proposal for a regulation Article 2 – paragraph 1 – point 5 a (new) Regulation (EC) No 1072/2009 Article 9 – paragraph 1 – point e a (new) | |||||||||||||||||||||||||
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Amendment 54 Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 1072/2009 Article 10a – paragraph 1 | |||||||||||||||||||||||||
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Amendment 55 Proposal for a regulation Article 2 – paragraph 1 – point 7 Regulation (EC) No 1072/2009 Article 10a – paragraph 3 | |||||||||||||||||||||||||
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Amendment 56 Proposal for a regulation Article 2 – paragraph 1 – point 7 a (new) Regulation (EC) No 1072/2009 Article 10 b (new) | |||||||||||||||||||||||||
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Amendment 57 Proposal for a regulation Article 2 – paragraph 1 – point 8 Regulation (EC) No 1072/2009 Article 14 a | |||||||||||||||||||||||||
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Amendment 58 Proposal for a regulation Article 2 – paragraph 1 – point 10 Regulation (EC) 1072/ 2009 Article 17 – paragraph 3 a (new) | |||||||||||||||||||||||||
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Amendment 59 Proposal for a regulation Article 2 – paragraph 1 – point 10 Regulation 1072/2009/EC Article 17 – paragraph 3 b (new) | |||||||||||||||||||||||||
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PROCEDURE – COMMITTEE ASKED FOR OPINION
Title |
Amending Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the sector |
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References |
COM(2017)0281 – C8-0169/2017 – 2017/0123(COD) |
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Committee responsible Date announced in plenary |
TRAN 15.6.2017 |
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Opinion by Date announced in plenary |
EMPL 15.6.2017 |
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Rapporteur Date appointed |
Verónica Lope Fontagné 3.10.2017 |
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Discussed in committee |
23.1.2018 |
26.2.2018 |
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Date adopted |
25.4.2018 |
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Result of final vote |
+: –: 0: |
31 19 3 |
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Members present for the final vote |
Laura Agea, Guillaume Balas, Vilija Blinkevičiūtė, Enrique Calvet Chambon, Michael Detjen, Martina Dlabajová, Lampros Fountoulis, Elena Gentile, Marian Harkin, Danuta Jazłowiecka, Agnes Jongerius, Rina Ronja Kari, Jan Keller, Ádám Kósa, Agnieszka Kozłowska-Rajewicz, Jean Lambert, Jérôme Lavrilleux, Patrick Le Hyaric, Jeroen Lenaers, Verónica Lope Fontagné, Javi López, Thomas Mann, Dominique Martin, Anthea McIntyre, João Pimenta Lopes, Georgi Pirinski, Marek Plura, Dennis Radtke, Terry Reintke, Sofia Ribeiro, Robert Rochefort, Claude Rolin, Siôn Simon, Romana Tomc, Yana Toom, Ulrike Trebesius, Marita Ulvskog, Jana Žitňanská |
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Substitutes present for the final vote |
Georges Bach, Heinz K. Becker, Karima Delli, Christelle Lechevalier, Paloma López Bermejo, Evelyn Regner, Anne Sander, Jasenko Selimovic, Helga Stevens, Neoklis Sylikiotis, Flavio Zanonato, Kosma Złotowski |
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Substitutes under Rule 200(2) present for the final vote |
Dominique Bilde, Maria Grapini, Karoline Graswander-Hainz |
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FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
31 |
+ |
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ALDE |
Robert Rochefort |
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EFDD |
Laura Agea |
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GUE/NGL |
Rina Ronja Kari, Patrick Le Hyaric, Paloma López Bermejo, Neoklis Sylikiotis |
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NI |
Lampros Fountoulis |
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PPE |
Georges Bach, Jérôme Lavrilleux, Jeroen Lenaers, Thomas Mann, Dennis Radtke, Sofia Ribeiro, Claude Rolin, Anne Sander |
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S&D |
Guillaume Balas, Vilija Blinkevičiūtė, Michael Detjen, Elena Gentile, Karoline Graswander-Hainz, Agnes Jongerius, Jan Keller, Javi López, Georgi Pirinski, Evelyn Regner, Siôn Simon, Marita Ulvskog, Flavio Zanonato |
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VERTS/ALE |
Karima Delli, Jean Lambert, Terry Reintke |
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19 |
- |
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ALDE |
Enrique Calvet Chambon, Martina Dlabajová, Marian Harkin, Jasenko Selimovic, Yana Toom |
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ECR |
Anthea McIntyre, Ulrike Trebesius, Jana Žitňanská, Kosma Złotowski |
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ENF |
Dominique Bilde, Christelle Lechevalier, Dominique Martin |
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PPE |
Heinz K. Becker, Danuta Jazłowiecka, Ádám Kósa, Agnieszka Kozłowska-Rajewicz, Verónica Lope Fontagné, Marek Plura, Romana Tomc |
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3 |
0 |
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ECR |
Helga Stevens |
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GUE/NGL |
João Pimenta Lopes |
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S&D |
Maria Grapini |
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Key to symbols:
+ : in favour
- : against
0 : abstention
PROCEDURE – COMMITTEE RESPONSIBLE
Title |
Amending Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the sector |
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References |
COM(2017)0281 – C8-0169/2017 – 2017/0123(COD) |
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Date submitted to Parliament |
31.5.2017 |
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Committee responsible Date announced in plenary |
TRAN 15.6.2017 |
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Committees asked for opinions Date announced in plenary |
EMPL 15.6.2017 |
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Rapporteurs Date appointed |
Ismail Ertug 12.7.2017 |
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Discussed in committee |
23.1.2018 |
15.5.2018 |
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Date adopted |
4.6.2018 |
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Result of final vote |
+: –: 0: |
30 15 3 |
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Members present for the final vote |
Daniela Aiuto, Lucy Anderson, Marie-Christine Arnautu, Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Deirdre Clune, Michael Cramer, Andor Deli, Isabella De Monte, Ismail Ertug, Dieter-Lebrecht Koch, Merja Kyllönen, Miltiadis Kyrkos, Bogusław Liberadzki, Marian-Jean Marinescu, Gesine Meissner, Tomasz Piotr Poręba, Gabriele Preuß, Christine Revault d’Allonnes Bonnefoy, Dominique Riquet, Massimiliano Salini, David-Maria Sassoli, Claudia Schmidt, Claudia Țapardel, Keith Taylor, Pavel Telička, Marita Ulvskog, Wim van de Camp, Marie-Pierre Vieu, Janusz Zemke, Roberts Zīle, Kosma Złotowski, Elżbieta Katarzyna Łukacijewska |
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Substitutes present for the final vote |
Bas Eickhout, Michael Gahler, Maria Grapini, Ryszard Antoni Legutko, Bolesław G. Piecha, Marek Plura, Franck Proust, Dario Tamburrano |
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Substitutes under Rule 200(2) present for the final vote |
Frank Engel, José Manuel Fernandes, Lampros Fountoulis, Barbara Kappel, Andrey Novakov, Marco Valli |
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Date tabled |
7.6.2018 |
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FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
30 |
+ |
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ALDE |
Izaskun Bilbao Barandica, Gesine Meissner, Dominique Riquet, Pavel Telička |
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EFDD |
Daniela Aiuto, Dario Tamburrano, Marco Valli |
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GUE/NGL |
Merja Kyllönen |
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PPE |
Georges Bach, Deirdre Clune, Andor Deli, Frank Engel, José Manuel Fernandes, Michael Gahler, Dieter-Lebrecht Koch, Marian-Jean Marinescu, Marek Plura, Claudia Schmidt, Wim van de Camp, Elżbieta Katarzyna Łukacijewska |
|
S&D |
Lucy Anderson, Isabella De Monte, Ismail Ertug, Miltiadis Kyrkos, Bogusław Liberadzki, Gabriele Preuß, Christine Revault d'Allonnes Bonnefoy, David-Maria Sassoli, Marita Ulvskog, Janusz Zemke |
|
15 |
- |
|
ECR |
Ryszard Antoni Legutko, Bolesław G. Piecha, Tomasz Piotr Poręba, Roberts Zīle, Kosma Złotowski |
|
ENF |
Marie-Christine Arnautu, Barbara Kappel |
|
GUE/NGL |
Marie-Pierre Vieu |
|
NI |
Lampros Fountoulis |
|
PPE |
Andrey Novakov, Franck Proust, Massimiliano Salini |
|
VERTS/ALE |
Michael Cramer, Bas Eickhout, Keith Taylor |
|
3 |
0 |
|
S&D |
Inés Ayala Sender, Maria Grapini, Claudia Țapardel |
|
Key to symbols:
+ : in favour
- : against
0 : abstention