TEXTS ADOPTED
1. Structural Funds *** (procedure without debate)
A5-0164/2001
European Parliament legislative resolution on the proposal for a Council regulation amending
Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds
(COM(2000) 774  C5-0752/2000  2000/0306(AVC))
(Assent procedure)
The European Parliament,
 having regard to the proposal for a Council Regulation (COM(2000) 774) (1),
 having regard to the Councils request for Parliaments assent pursuant to Article 161(1) of the EC
Treaty (C5-0752/2000),
 having regard to Rule 86(1) of its Rules of Procedure,
 having regard to the recommendation of the Committee on Regional Policy, Transport and Tourism
and the opinion of the Committee on Agriculture and Rural Development (A5-0164/2001),
1. Gives its assent to the proposal for a Council Regulation;
2. Instructs its President to forward its position to the Council and Commission.
(1) OJ C 96 E, 27.3.2001, p. 272.
2. Working time in mobile road-transport activities ***II
A5-0196/2001
European Parliament legislative resolution on the Council common position for adopting a Euro-
pean Parliament and Council directive on the organisation of the working time of persons whoseoccupation is the performance of mobile road-transport activities (5919/1/2001  C5-0134/2001 
1998/0319(COD))
(Codecision procedure: second reading)
The European Parliament,
 having regard to the Council common position (5919/1/2001  C5-0134/2001) (
1),
 having regard to its position at first reading (2) on the Commission proposal to Parliament and the
Council (COM(1998) 662) (3),
 having regard to the amended proposal (COM(2000) 754) (4),
 having regard to Article 251(2) of the EC Treaty,
 having regard to Rule 80 of its Rules of Procedure, having regard to the recommendation for second reading of the Committee on Employment and
Social Affairs (A5-0196/2001),
(1) OJ C 142, 15.5.2001, p. 24.
(2) OJ C 219, 30.7.1999, p. 235.
(3) OJ C 43, 17.2.1999, p. 4.
(4) OJ C 120 E, 24.4.2001, p. 284.28.2.2002 EN C 53 E/297 Official Journal of the European Communities
Thursday 14 June 2001
1. Amends the common position as follows;
2. Instructs its President to forward its position to the Council and Commission.
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Amendment 1
Title
Directive 2001//EC of the European Parliament and of the
Council on the organisation of working time of persons
whose occupation is the performance of mobile road-transport
activitiesDirective 2001//EC of the European Parliament and of the
Council concerning the organisation of working time for
mobile workers performing road-transport activities and for
self-employed drivers
Amendment 2
Recital 8
(8) As self-employed drivers are included within the scope of
Regulation (EEC) No 3820/85 but excluded from that of Direc-tive 93/104/EC, they should be excluded temporarily from thescope of this Directive on the understanding that the Commis-
sion will assess the consequences of that temporary exclusion .(8) As self-employed drivers are included within the scope of
Regulation (EEC) No 3820/85 but excluded from that of Direc-tive 93/104/EC, they should be excluded temporarily from thescope of this Directive.
Amendment 3
Recital 14
(14) The provisions of Regulation (EEC) No 3820/85 on driv-
ing time in international and national passenger transport,other than regular services, should continue to apply. The
working time of drivers carrying out such transport maytherefore, subject to certain conditions, exceed the maximumweekly average laid down in this Directive for goods trans-port and for regular passenger transport services.(14) The provisions of Regulation (EEC) No 3820/85 on driv-
ing time in international and national passenger transport,other than regular services, should continue to apply until
such time as the Regulation is revised with a view to includ-ing a definition of working time compatible with this Direc-tive.
Amendment 4
Article 2, paragraph 1
1. This Directive shall apply to mobile workers employed by
undertakings established in a Member State, participating inroad-transport activities covered by Regulation (EEC) No 3820/85 or, failing that, by the AETR Agreement.1. This Directive shall apply to mobile workers employed by
undertakings established in a Member State, participating inroad-transport activities covered by Regulation (EEC) No 3820/85 or, failing that, by the AETR Agreement and to self-
employed drivers established in a Member State .
By  (
*), the Commission shall submit an assessment of the
consequences of the temporary exclusion of self-employeddrivers to the European Parliament and to the Council. Theassessment shall analyse in particular the effects of the exclu-sion of self-employed drivers on road safety, on conditions ofcompetition, on the structure of the profession and on socialaspects. Depending on the outcome of that analysis, the Com-mission will propose if appropriate conditions under whichthis Directive will apply to self-employed drivers, the defini-tion of which will have to be made clear, at the lateston  (
**).This Directive shall not, however, apply to self-employed
drivers until three years after the deadline for transpositionof the Directive by Member States fixed by Article 14.
(*) Five years after the entry into force of this Directive.
(**) Six years after the entry into force of this Directive.C 53 E/298 EN 28.2.2002 Official Journal of the European Communities
Thursday 14 June 2001
Amendment 5
Article 2, paragraph 4a (new)
4a. The Commission shall present no later than one year
after this Directive enters into force a proposal for revisionof Regulation (EEC) No 3820/85 which will broaden thescope of the Regulation to include a definition of workingtime compatible with this Directive and ensure that theRegulation applies to all mobile workers performing road-transport activities employed by undertakings established ina Member State and to self-employed drivers.
Amendment 6
Article 3, point (a)
(a) working time shall mean the time from the beginning to
the end of work, during which the mobile worker is athis workstation, at the disposal of the employer and exer-cising his functions or activities, that is to say:(a) working time shall mean:
 the time devoted to all road transport activities.
These activities are in particular, the following : driv-
ing, loading and unloading, assisting passengers
boarding and disembarking from the vehicle , cleaning
and technical maintenance as well as all other work
intended to ensure the safety of the vehicle, its cargo
and passengers; in the case of self-employed drivers: stand-by duty
and the time during which the following activitiesare carried out:
(i) driving;
(ii) loading and unloading;
(iii) checking or supervising passengers boarding
and disembarking ;
(iv) cleaning and technical maintenance as well as all
other work intended to ensure the safety of thevehicle, its cargo and passengers;
(v) inspection of the vehicle and monitoring of load-
ing and unloading;
(vi) administrative formalities with police, customs,
immigration officers, etc.;
(vii) cooperation with police, customs or immi-
gration officers for checks required by the law;
 in the case of mobile workers: the time from the
beginning to the end of work, that is all activitiesor standby duty, excluding breaks.
Activities include, in particular:
(i) driving;
(ii) loading and unloading;
(iii) checking or supervising passengers boarding
and disembarking;28.2.2002 EN C 53 E/299 Official Journal of the European Communities
Thursday 14 June 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
(iv) cleaning and technical maintenance as well as
all other work intended to ensure the safety ofthe vehicle, its cargo and passengers;
(v) inspection of the vehicle and monitoring of load-
ing and unloading;
(vi) administrative formalities with police, customs,
immigration officers, etc.;
(vii) administrative work;
 the times during which the mobile worker is required to
remain at his workstation, ready to take up work, and
cannot, on the instructions of his employer, dispose freelyof his time, in particular during periods awaiting loadingor unloading, where their foreseeable duration is notknown in advance, that is to say either before departureor just before the actual start of the period in question,or under the general conditions negotiated between thesocial partners and/or under the terms of the legislationof the Member States.stand-by duty shall mean the times during which the
mobile worker is required to remain at his work-station, ready to take up work where appropriate on
his own initiative, and generally with certain tasksassociated with being on duty;
The break times referred to in Article 5, the rest times ref-
erred to in Article 6 and, without prejudice to the legis-lation of Member States or agreements between the socialpartners providing that such periods should be compen-sated or limited, the periods of availability referred to in(b) of this Article, shall be excluded from working time;The break times referred to in Article 5, the rest times
referred to in Article 6 and, without prejudice to thelegislation of Member States or agreements betweenthe social partners providing that such periods shouldbe compensated or limited, the periods of availabilityreferred to in (b) of this Article, shall be excluded fromworking time;
Amendment 9
Article 3, point (c), indent 1
 the location of the undertaking for which the mobile
worker carries out duties, the location of the undertaking for which the mobile
worker carries out duties, together with its various branch
departments or offices, regardless of whether they arelocated in the same place as its head office or mainplace of business,
Amendment 10
Article 3, point (e)
(e) self-employed driver shall mean anyone whose main
occupation is to carry passengers or goods by road at acustomers request;(e) self-employed driver shall mean the head of a commercial
entity, owner of a professional certificate where appro-priate, who has the freedom to work on his own account,does not work directly for an undertaking or employer, isat liberty to choose which freight he carries, has commer-cial relations with several customers, can negotiate prices
and his own fees, can schedule his working hours freely
and is the owner of one or more vehicles.
Those who do not meet these criteria are subject to the
same rights and obligations under this Directive asemployees.C 53 E/300 EN 28.2.2002 Official Journal of the European Communities
Thursday 14 June 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Amendment 11
Article 3, point (g)
(g) night time shall mean a period of at least four hours, as
defined by national law, between 00.00 hours and 07.00
hours;(g) night time shall mean a period of at least seven hours, as
defined by national law, and in any case encompassing
the period between 00.00 hours and 05.00 hours;
Amendment 12
Article 3, point (ha) (new)
(ha) night worker shall mean any mobile worker or self-
employed driver who performs at least 48 days of hisannual working time during night time.
Amendment 13
Article 5, paragraph 1
1. Member States shall take the measures necessary to
ensure that, without prejudice to the level of protection pro-vided by Regulation (EEC) No 3820/85 or, failing that, by theAETR Agreement, mobile workers in no circumstances workfor more than six consecutive hours without a break. Workingtime shall be interrupted by a break of at least thirty minutes, ifworking hours total between six and nine hours, and of at leastforty-five minutes, if working hours total more than ninehours.1. Member States shall take the measures necessary to
ensure that, without prejudice to the level of protection pro-vided by Regulation (EEC) No 3820/85 or, failing that, by theAETR Agreement, mobile workers and self-employed drivers
in no circumstances work for more than six consecutive hourswithout a break. Working time shall be interrupted by a breakof at least thirty minutes, if working hours total between sixand nine hours, and of at least forty-five minutes, if workinghours total more than nine hours.
Amendment 14
Article 7, paragraph 1, indent 1
 if night work is performed, the daily working time does
not exceed ten hours in each twenty-four-hour period, if night work is performed, the daily working time does
not exceed eight hours in each twenty-four-hour period.
It may be extended to ten hours only if an average ofeight hours a day is not exceeded within a referenceperiod to be determined after consultation of the socialpartners or in collective agreements or agreementsbetween the social partners. For periods in which nightworkers are not requested to perform night work, Arti-cle 4 shall apply;
Amendment 15
Article 8, paragraph 1
1. Derogations from Articles 4and 7 may be adopted by
means of laws, regulations or administrative provisions orby means of collective agreements or agreements between the
two sides of industry , provided that the persons concerned are
afforded equivalent periods of compensatory rest.1. Derogations from Article 4 may be adopted by means of
collective agreements, provided that the persons concerned areafforded equivalent periods of compensatory rest.28.2.2002 EN C 53 E/301 Official Journal of the European Communities
Thursday 14 June 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Amendment 16
Article 9, point (b)
(b) the working time of mobile workers is recorded. Records
shall be preserved for at least one year after the end of the
period covered. Employers shall be responsible for recor-ding the working time of mobile workers. Employers shallupon request provide mobile workers with copies of therecords of hours worked.(b) the working time of mobile workers is recorded. Records
shall be kept for at least two years after the end of the
period covered. Employers shall be responsible for recor-ding the working time of mobile workers. Employers shallupon request provide mobile workers with copies of therecords of hours worked.
Amendment 17
Article 9, point (ba) (new)
(ba) self-employed drivers maintain a record of their work-
ing time; these records shall be kept for at least twoyears; Member States shall carry out controls on workingand driving times equivalent to at least 2 % of all theworking days in this sector; the most important instru-ment for such controls is the digital tachograph.
Amendment 18
Article 10
This Directive shall not affect Member States right to apply or
introduce laws, regulations or administrative provisions morefavourable to the protection of the health and safety of mobileworkers or their right to facilitate or permit the application ofcollective agreements or other agreements concluded betweenthe two sides of industry which are more favourable to the
protection of the health and safety of mobile workers.This Directive shall not affect Member States right to apply or
introduce laws, regulations or administrative provisions morefavourable to the protection of the health and safety of mobileworkers or self-employed drivers, or their right to facilitate or
permit the application of collective agreements or other agree-ments 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 pro-tection afforded to workers.
Amendment 19
Article 11
Member States shall lay down a system of penalties for
breaches of the national provisions adopted pursuant to thisDirective and shall take all the measures necessary to ensurethat these penalties are applied. The penalties thus providedfor shall be effective, proportional and dissuasive.Member States shall lay down a common range of penalties for
breaches of the national provisions adopted pursuant to thisDirective and shall take all the measures necessary to ensurethat these penalties are applied. The penalties thus providedfor shall be effective, proportional and dissuasive. Member
States shall notify these provisions to the Commission bythe date mentioned in Article 14 at the latest, and any sub-sequent amendment thereto in good time.
Amendment 20
Article 14, paragraph 1, footnote
(*) Three years after the entry into force of this Directive. (*) Two years after the entry into force of this Directive.C 53 E/302 EN 28.2.2002 Official Journal of the European Communities
Thursday 14 June 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT
Amendment 21
Article 14, paragraph 2
2. Without prejudice to the right of Member States to
develop, in the light of changing circumstances, differentlegislative, regulatory or contractual provisions in the fieldof working time, as long as the minimum requirements pro-vided for in this Directive are complied with, implementationof this Directive shall not constitute valid grounds for reduc-ing the general level of protection afforded to the persons
referred to in Article 2(1).Deleted
Amendment 22
Article 14, paragraph 3a (new)
3a. Member States shall take the necessary steps to ensure
that the relationships between shippers, freight forwarders,prime contractors and sub-contractors are regulated throughthe adoption of obligatory contracts allowing the verificationof compliance with this Directive.
3. Health and safety at work: work equipment ***II
A5-0156/2001
European Parliament legislative resolution on the Council common position for adopting a Euro-
pean Parliament and Council directive amending Council Directive 89/655/EEC concerning theminimum safety and health requirements for the use of work equipment by workers at work(2nd individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (5766/2/
2001  C5-0135/2001  1998/0327(COD))
(Codecision procedure: second reading)
The European Parliament,
 having regard to the Council common position (5766/2/2001  C5-0135/2001), having regard to its position at first reading (
1) on the Commission proposal to Parliament and the
Council (COM(1998) 678) (2),
 having regard to the Commissions amended proposal (COM(2000) 648) (3),
 having regard to Article 251(2) of the EC Treaty, having regard to Rule 78 of its Rules of Procedure, having regard to the recommendation for second reading of the Committee on Employment and
Social Affairs (A5-0156/2001),
1. Approves the common position;
2. Notes that the act is adopted in accordance with the common position;
3. Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of
the EC Treaty;
(1) Texts Adopted of 21.9.2000, Item 8.
(2) OJ C 247 E, 31.8.1999, p. 23.
(3) OJ C 62 E, 27.2.2001, p. 113.28.2.2002 EN C 53 E/303 Official Journal of the European Communities
Thursday 14 June 2001
COUNCIL
COMMON POSITIONAMENDMENTS
BY PARLIAMENT