A4-0215/98

Decision on the common position adopted by the Council with a view to adopting a Council Directive amending Directive 96/26/EC on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations (C4-0174/98 - 97/0029(SYN))(Cooperation procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0174/98 - 97/0029(SYN) ((OJ C 161, 27.5.1998, p. 12.)),

- having regard to its opinion at first reading ((OJ C 286, 22.9.1997, p. 224.)) on the Commission proposal to the Council, COM(97)0025 ((OJ C 95, 24.3.1997, p. 66.)),

- having regard to the amended Commission proposal, COM(97)0501 ((OJ C 324, 25.10.1997, p. 6.)),

- having been consulted by the Council pursuant to Article 189c of the EC Treaty,

- having regard to Rule 67 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Legal Affairs and Citizens' Rights (A4-0215/98),

1. Amends the common position as follows;

2. Instructs its President to forward this decision to the Council and Commission.

(Amendment 1)

Recital 4

>Original text>

(4) Whereas with regard to good repute, provision should be made for more stringent requirements, including requirements concerning the protection of the environment and professional liability;

>Text following EP vote>

(4)

Whereas with regard to good repute, provision should be made for more stringent requirements, including requirements concerning the protection of the environment, professional liability and combating fraud in the Community and common transit systems;

(Amendment 2)

Recital 5

>Original text>

(5) Whereas with regard to financial standing, it is necessary, in order to avoid imbalances in the market, to fix appropriate available capital and reserves at a higher minimum level and to fix the value of the ecu in national currencies every five years;

>Text following EP vote>

(5)

Whereas with regard to financial standing, it is necessary, in order to avoid imbalances in the market, to fix appropriate available capital at a higher minimum level and to fix the value of the euro in those national currencies which are non-participants in the third stage of monetary union every five years;

(Amendment 3)

Recital 7

>Original text>

(7) Whereas certain Member States organize compulsory courses of preparation for the examinations of professional competence for applicants normally resident within their territories;

>Text following EP vote>

(7)

Whereas the right of Member States to organize compulsory courses of preparation for the examinations of professional competence for applicants taking them for the first time who are normally resident within their territories shall remain unaffected;

(Amendment 4)

Recital 8

>Original text>

(8) Whereas, therefore, the levels of knowledge to be taken into consideration for the issue of a certificate of professional competence, without prejudice to Directive 92/26/EC, differ from one Member State to another; whereas, because of these differences, national measures are therefore likely to vary considerably within the framework defined in Annex I to the said Directive, particularly as regards the qualifications of transport operators, the quality of service and road safety;

>Text following EP vote>

(8)

Whereas, therefore, the levels of knowledge to be taken into consideration for the issue of a certificate of professional competence, without prejudice to Directive 92/26/EC, differ from one Member State to another;

(Amendment 5)

Recital 9

>Original text>

(9) Whereas it should be accepted that, for a limited period and after consulting the Commission, Member States may require persons who have never previously obtained a certificate of professional competence in a Member State, but who have passed an examination of professional competence in one Member State when they were normally resident in another Member State where they intend to take up the occupation of road transport operator for the first time, to sit an additional examination; whereas such additional examination must cover areas in which national aspects of the profession differ from those of the Member State where they passed the examination, in particular the specific national commercial, social, fiscal and technical aspects or aspects linked to the organization of the market and to company law;

>Text following EP vote>

Deleted

(Amendment 6)

ARTICLE 1(1), 2nd indent

Article 1(2), fourth indent (Directive 96/26/EC)

>Original text>

- the following indent shall be added:

>Text following EP vote>

Deleted

>Original text>

'- 'normal residence¨ shall mean the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living.

>Text following EP vote>

>Original text>

However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition shall not be required where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.¨;

>Text following EP vote>

(Amendment 7)

ARTICLE 1(3), 1st indent

Article 3(2)(c), 2nd indent (Directive 96/26/EC)

>Original text>

- road haulage or road passenger transport, as appropriate, in particular the rules relating to drivers' driving and rest periods, the weights and dimensions of commercial vehicles, road safety and vehicle safety, the protection of the environment and the other rules concerning professional liability.

>Text following EP vote>

-

road haulage or road passenger transport, as appropriate, in particular the rules relating to drivers' driving and rest periods, the weights and dimensions of commercial vehicles, road safety and vehicle safety, the protection of the environment, the Community and common transit systems and the other rules concerning professional liability.

(Amendment 8)

ARTICLE 1(3), 2nd indent

Article 3(3)(c) (Directive 96/26/EC)

>Original text>

(c) The undertaking must have available capital and reserves of at least ECU 9 000 when only one vehicle is used and at least ECU 5 000 for each additional vehicle.

>Text following EP vote>

(c)

The undertaking must have available capital and reserves of at least Euro 9 000 when only one vehicle is used and at least Euro 5 000 for each additional vehicle.

>Original text>

For the purposes of this Directive, the value of the ecu in national currencies shall be fixed every five years. The rates to be applied shall be those obtained on the first working day of October and published in the Official Journal of the European Communities. They shall have effect from 1 January of the following calendar year.

>Text following EP vote>

For the purposes of this Directive, the value of the euro in those national currencies which are non-participants in the third stage of monetary union shall be fixed every five years. The rates to be applied shall be those obtained on the first working day of October and published in the Official Journal of the European Communities. They shall have effect from 1 January of the following calendar year

(Amendment 9)

ARTICLE 1(3), 4th indent

Article 3(4)(f) (Directive 96/26/EC)

>Original text>

(f) After consulting the Commission a Member State may require that any natural person who holds a certificate of professional competence issued by a competent authority in another Member State after ..... (*) when that person was normally resident in the first Member State sit an additional examination organized by the authority or body designated for that purpose by the first Member State. The additional examination shall cover the specific knowledge relating to the national aspects of the occupation of road haulage operator in the first Member State.

>Text following EP vote>

Deleted

>Original text>

This point shall apply for a period of three years from ..... (**). That period may be extended for a further maximum period of five years by the Council acting on a proposal from the Commission according to the rules of the Treaty. It shall apply only to natural persons who, when they obtained the certificate of professional competence under the conditions referred to in the first subparagraph, had not yet obtained the said certificate in a Member State.

>Text following EP vote>

>Original text>

(*) One year after the date of entry into force of this Directive.

(**) Deadline for the implementation of this Directive laid down in Article 2(1).

>Text following EP vote>

(Amendment 10)

ARTICLE 1(5)

Article 6(1) (Directive 96/26/EC)

>Original text>

5) In Article 6(1) the following subparagraph shall be added:

>Text following EP vote>

5)

In Article 6(1) the following subparagraphs shall be added:

>Original text>

'Member States shall ensure that the competent authorities check regularly and at least every five years that undertakings still fulfil the requirements of good repute, financial standing and professional competence.¨;

>Text following EP vote>

'Member States shall ensure that the competent authorities check regularly and at least every five years that undertakings still fulfil the requirements of good repute, financial standing and professional competence.

>Original text>

>Text following EP vote>

If the requirement of financial standing is not fulfilled at the time of checking, in accordance with their national arrangements the Member States may, where the undertaking's other economic circumstances give grounds for assuming that the requirements of financial standing will be fulfilled within the foreseeable future, lay down the conditions in which the competent authorities may authorize further notice. In no circumstances may such notice exceed one year.';

(Amendment 11)

ARTICLE 1(6), 1st indent

Article 7(1) (Directive 96/26/EC)

>Original text>

- the beginning of paragraph 1 shall be replaced by "1. Where offences against the rules .....¨;

>Text following EP vote>

-

the beginning of paragraph 1 shall be replaced by "1. Where serious offences against the rules .....¨;

(Amendment 12)

ANNEX I

Annex I (I) (F)(5) (Directive 96/26/EC)

>Original text>

5) be familiar with frontier formalities, the role and scope of T documents and TIR carnets, and the obligations and responsibilities arising from their use;

>Text following EP vote>

5)

be familiar with frontier formalities, the role and scope of the Community and common transit systems and the procedure under the TIR Convention, and measures to combat fraud in connection with the above procedures;