A4-0187/99

Proposal for a Council Directive concerning the organisation of working time for mobile workers performing road transport activities and for self-employed drivers (COM(98)0662 - C4-0716/98 - 98/0319(SYN))

The proposal was approved with the following amendments:

(Amendment 1)

Recital 16

>Original text>

Whereas Regulation (EEC) 3820/85 permits drivers covered by Article 6(4) and (5) a driving time of up to 65 hours per week; whereas the driver's weekly working time is limited to 60 hours per week according to Article 3 of this Directive; whereas the drivers covered by Article 6(4) and (5) of cited Regulation (EEC) 3820/85 will have to be able to continue driving up to 65 hours, provided that the average maximum weekly working time of 48 hours over four months is not exceeded;

>Text following EP vote>

Whereas Regulation (EEC) 3820/85 permits drivers covered by

Article 6(1), fourth and fifth subparagraphs, a driving time of up to 65 hours per week; whereas these drivers will have to be able to continue driving up to 65 hours, provided that the average maximum weekly working time of 48 hours over four months is not exceeded;

(Amendment 25)

Article 1(2)

>Original text>

2. This Directive applies to all mobile workers performing road transport activities employed by undertakings established in a Member State and to self-employed drivers established in a Member State.

>Text following EP vote>

2. This Directive applies to all mobile workers performing road transport activities employed by undertakings established in a Member State and to self-employed drivers established in a Member State

, except mobile workers performing passenger transport activities on scheduled routes not exceeding a distance of 50 km.

(Amendment 2)

Article 1(3)

>Original text>

3. This Directive contains more specific Community provisions as regards mobile workers performing road transport activities and therefore, pursuant to Article 14 of Council Directive 93/104/EC, the former's provisions take precedence over the relevant provisions of Council Directive 93/104/EC as amended by Council Directive ../../EC.

>Text following EP vote>

3.

This Directive contains more specific Community provisions as regards mobile workers performing road transport activities and therefore, pursuant to Article 14 of Council Directive 93/104/EC, the former's provisions take precedence over the relevant provisions of Council Directive 93/104/EC as amended by Council Directive ../../EC, except in the case of mobile workers in the emergency services (ambulance, fire and civil protection services), where the derogations under Article 17(2.1)(c)(iii) of Directive 93/104/EC still apply in emergency situations.

(Amendment 3)

Article 2(1)(a), introduction

>Original text>

(a) in the case of self-employed drivers, the time during which they carry out the following activities:

>Text following EP vote>

(a)

in the case of self-employed drivers, standby duty and the time during which they carry out the following activities,:

(Amendment 4)

Article 2(1)(a)(iii)

>Original text>

(iii) supervising passengers getting in/out of the bus/coach;

>Text following EP vote>

(iii) checking or supervising passengers getting in/out of the bus/coach;

(Amendment 5)

Article 2(1)(a)(v)

>Original text>

(v) security inspection of the vehicle and theload;

>Text following EP vote>

(v)

inspection of the vehicle and monitoring ofloading and unloading;

(Amendment 6)

Article 2 (1)(a)(viia)(new)

>Original text>

>Text following EP vote>

(viia) administrative formalities with police, customs, immigration officers etc.

(Amendment 7)

Article 2(1)(b)(viiia)(new)

>Original text>

>Text following EP vote>

(viiia) cooperation with police, customs or immigration officers for checks required by the law.

(Amendment 8)

Article 2(2), 1st and 2nd subparagraphs

>Original text>

2. Standby duty means the time during which the mobile worker is at his place of work, ready to take up full working duties, where appropriate on his own initiative, and generally with certain tasks associated with being on duty.

>Text following EP vote>

2. Standby duty means the time during which the mobile worker or the self-employed driver is at his place of work, ready to take up full working duties, where appropriate on his own initiative, and generally with certain tasks associated with being on duty.

>Original text>

Standby period means the time during which the mobile worker has no duties, while available for taking up work. Standby periods must be known in advance by the mobile worker in accordance with the conditions agreed between social partners at the level and under the terms provided in the legislation of the Member States.

>Text following EP vote>

Standby period means the time during which the mobile worker has no duties, while available for taking up work. Standby periods must be known by the mobile worker at least one day in advance and prior to the completion of the previous shift in accordance with the conditions agreed between social partners at the level and under the terms provided in the legislation of the Member States.

(Amendment 9)

Article 2(8)(ii)

>Original text>

(ii) perform a certain proportion of their annual working time during night time. This proportion shall be defined by the legislation of the Member States in consultation with the social partners.

>Text following EP vote>

(ii)

perform 48 days of their annual working time during night time.

(Amendment 10)

Article 2(8a) (new)

>Original text>

>Text following EP vote>

8a. Self-employed drivers are the head of a commercial entity, owner of a professional certificate where appropriate, have the freedom to work on their own account, can schedule their working hours freely and are owner of one or more vehicles.

(Amendment 11)

Article 3(2)

>Original text>

2. for mobile workers, working time for different employers is the sum of the working hours. The mobile worker shall inform the employer concerned in writing of working time performed for another employer.

>Text following EP vote>

2.

for mobile workers, working time for different employers is the sum of the working hours. The employer shall ask the mobile workers in writing for an account of the time worked for another employer. The mobile worker shall supply this information in writing.

(Amendment 30)

Article 6(1)

>Original text>

1. the daily working time of a night worker may not exceed eight hours. It may be extended to ten hours only if an average of eight hours a day is not exceeded within two months; for periods in which night workers are not requested to perform night work, Article 3 shall apply;

>Text following EP vote>

1.

the daily working time of a night worker may not exceed eight hours. It may be extended to ten hours only if an average of eight hours a day is not exceeded within a reference period to be determined after consultation of the social partners or in collective agreements or agreements between the social partners; for periods in which night workers are not requested to perform night work, Article 3 shall apply;

(Amendment 12)

Article 7(1) and (2)

>Original text>

1. Derogations from Articles 3, 5 and 6 may be adopted by means of laws, regulations or administrative provisions or by means of collective agreements or agreements between the two sides of industry, provided that the workers concerned are afforded equivalent periods of compensatory rest.

>Text following EP vote>

1. Derogations from Articles 3 and 5 may be adopted by means of collective agreements, provided that the workers concerned are afforded equivalent periods of compensatory rest.

>Original text>

2. The option to derogate from Article 3 may not result in the establishment of a reference period exceeding six months, for the average maximum weekly working time of 48 hours. In addition, Member States may allow derogations from Article 3 provided that the maximum average weekly working time is reduced as follows:

- to 39 hours on average, over a reference period of up to 9 months; and

- to 35 hours on average, over a reference period of up to 12 months.

>Text following EP vote>

2. The option to derogate from Article 3 may not result in the establishment of a reference period exceeding six months, for the average maximum weekly working time of 48 hours.

(Amendment 13)

Article 7(3)

>Original text>

3. For regular passenger transport services over distances of less than 50 kilometres, breaks or layover time may be split into periods of less than 15 minutes duration.

>Text following EP vote>

Deleted

(Amendment 14)

Article 8(1)(b)

>Original text>

(b) the employer shall record the working time of mobile workers who do more than 48 hours of work per week or, for night workers, more than 8 hours work per day. These records shall be kept for at least two years.

>Text following EP vote>

(b)

the employer shall record the working time of mobile workers. These records shall be kept for at least two years.

(Amendment 15)

Article 8(1)(ba)(new)

>Original text>

>Text following EP vote>

(ba) if so requested, the employer shall provide workers with a copy of the records of hours worked.

(Amendment 16)

Article 8(2)

>Original text>

2. Member States shall take measures necessary to ensure that the self-employed driver shall maintain a record of his working time when he does more than 48 hours of work per week or, if he is a night worker, more than 8 hours per day. These records shall be kept for at least two years.

>Text following EP vote>

2.

Member States shall take measures necessary to ensure that the self-employed driver shall maintain a record of his working time. These records shall be kept for at least two years. Member States shall carry out controls on working and driving times equivalent to at least 2% of all the working days in this sector. The most important instrument for such controls is the tachograph.

(Amendment 17)

Article 9

>Original text>

This Directive shall not affect Member States' right to apply or introduce laws, regulations or administrative provisions more favourable to the protection of the health and safety of mobile workers or self-employed drivers, or to facilitate or permit the application of collective agreements or agreements concluded between the two sides of industry which are more favourable to the protection of the health and safety of mobile workers.

>Text following EP vote>

This Directive shall not affect Member States' right to apply or introduce laws, regulations or administrative provisions more favourable to the protection of the health and safety of mobile workers or self-employed drivers, or to facilitate or permit the application of collective agreements or agreements concluded between the two sides of industry which are more favourable to the protection of the health and safety of mobile workers.

Implementation of this Directive shall not constitute valid grounds for reducing the general level of protection afforded to workers.

(Amendment 18)

Article 10

>Original text>

Member States shall determine the range of penalties applicable for infringements of national provisions made in implementation of this Directive and shall take all necessary steps to ensure that they are enforced. The penalties must be effective, commensurate with the infringement, and must constitute a sufficient deterrent. Member States shall notify these provisions to the Commission by the date mentioned in Article 11(1) at the latest, and any subsequent amendment thereto in good time.

>Text following EP vote>

Member States shall determine

a common range of penalties applicable for infringements of national provisions made in implementation of this Directive and shall take all necessary steps to ensure that they are enforced. The penalties must be effective, commensurate with the infringement, and must constitute a sufficient deterrent. Member States shall notify these provisions to the Commission by the date mentioned in Article 11(1) at the latest, and any subsequent amendment thereto in good time.

(Amendment 19)

Article 11(3a) (new)

>Original text>

>Text following EP vote>

3a. Member States shall take the necessary steps to ensure that the relationships between shippers, freight forwarders, prime contractors and sub-contractors are regulated through the adoption of obligatory contracts allowing the verification of compliance with this Directive.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive concerning the organisation of working time for mobile workers performing road transport activities and for self-employed drivers (COM(98)0662 - C4-0716/98 - 98/0319(SYN))(Cooperation procedure: first reading)

The European Parliament,

- having regard to the Commission proposal to the Council, (COM(98)0662 - 98/0319(SYN)) ((OJ C 43, 17.2.1999, p. 4.)),

- having been consulted by the Council pursuant to Articles 189c, 75 and 118a of the EC Treaty (C4-0716/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Transport and Tourism (A4-0187/99),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to incorporate Parliament's amendments in the common position that it adopts in accordance with Article 189c(a) of the EC Treaty;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.