Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-05-20-Speech-2-302"
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"en.20080520.27.2-302"2
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"I would like to begin by thanking the Commission, the Council, the Co-Rapporteurs, in particular Mr. Grosch, Mr. Sterckx, Mrs. Lichtenberger and all the colleagues I worked with in making this report. The Proposal for Regulation regarding access to the occupation of road transport operator is important because it concerns 4.5 million employees in the field of road transportation and over 900,000 European companies. We tried to have consultations that were as comprehensive as possible with those operating in this field and for this purpose the TRAN Committee organized a public debate last October in order to gather as many opinions as possible regarding the proposal for regulation. The Regulation replaces Directive 96/26, which was implemented differently by Member States. The Proposal for Regulation establishes common criteria according to which a company has access to the occupation of road transport operator, a stable headquarters, management from an operational centre, access to a sufficient number of parking spaces, criteria to prove the financial standing, good repute, the transport manager’s role and the conditions he/she should meet, and here I refer to the certificate of professional competence and good repute, as well as the Member States’ obligation to create national electronic registers to be interconnected.
193 amendments were submitted to the TRAN Committee, which have brought changes to the Commission’s proposal. Thus, the Parliament, the TRAN Committee opted for a text that refers only to severe and very severe infringements, the latter being well-defined in a new appendix to the Regulation and, for the severe infringements, the Commission shall come up with a list of infringements whose repetitive nature can result in losing the road carrier licence. This list will be approved by the procedure of control regulation. As regards the national electronic registers to be interconnected by 1 January 2012, they will be developed starting from a minimum common structure, which shall be presented by the Commission by 1 January 2010. The electronic registers will have a public section and a confidential section. The public section shall contain data on the road transport operators and road transport managers and the confidential section shall contain data on the infringements committed or the sanctions enforced and shall be accessed only by relevant authorities, in compliance with the provisions regarding the protection of personal data. I emphasize the fact that these confidential data can be kept in separate registers.
As to obtaining the certificate of professional competence, the TRAN Committee opted for eliminating a fixed number of training hours and replacing them with the obligation of a written examination followed by an oral examination as well, according to the decision of each Member State. Another amendment proposed stipulates that a transport manager shall be sanctioned only for the facts imputable to him. Thus, any sanction decision can be disputed and the recording of sanctions in the electronic register will be made only after a final decision in this respect.
The TRAN Committee considered it was sufficient for a company to prove its financial capacity based on the annual accounts examined by an auditor or a properly accredited person, based on a bank guarantee or another financial instrument, for instance insurance. Therefore, the minimum 80% limit for immediate available funds was eliminated in favour of a minimum threshold for capital and reserves. The TRAN Committee also considers it important that the euro value be established every year and not every 5 years, as provided in the Commission’s proposal. We also proposed the elimination of article 22 from the Commission’s proposal, which established certain rights of priority differently for various Member States and amendment 52 was introduced, which allows people who prove that over the last 10 years prior to the effective date of the regulation they continuously administered the road transport activity to be exempted from examination.
We proposed to limit the number of vehicles administered by an external manager to 50, and the number of companies to 4. As regards the internal transport manager, the socialist group proposes to limit the number of vehicles directly administered by a transport manager to 250. We believe this is necessary because the transport manager should also have decent working conditions.
Two amendments regarding the 12-day derogation in relation to the rest period of coach drivers for international passenger transport were also submitted in the TRAN Committee. An agreement between employers and trade unions is expected in this respect and, for this reason, the two amendments will be submitted again in Mr. Grosch’s report."@en1
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