Activities of Ilda FIGUEIREDO related to 2008/0195(COD)
Plenary speeches (1)
The organisation of the working time of persons performing mobile road transport activities (debate)
Amendments (29)
Amendment 10 #
Proposal for a directive – amending act
Recital 2
Recital 2
(2) Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities establishes minimum requirements in relation to the organisation of working time in order to improve the health and safety protection of persons performing mobile road transport activities, to improve road safety and to align conditions of competition. This Directive already establishes 'minimum requirements', since its transposition must not lead to a lower level of protection for workers or less compliance with more favourable conditions in individual Member States enshrined in general employment legislation or collective agreements;
Amendment 13 #
Proposal for a directive – amending act
Recital 7
Recital 7
(7) In the light of the Commission report and the impact assessment,t is also in the general interest that the rules governing working time and driving and rest periods should apply equally to all professional drivers, including self-employed drivers, should be excluded from the scope of Directive 2002/15/ECo as to ensure the safety of these professionals and road safety.
Amendment 15 #
Proposal for a directive – amending act
Recital 8
Recital 8
(8) Nevertheless, iIt is desirable that Member States continue to alert self- employed drivers of the adverse effects on health and safety as well as of negative impacts on road safety caused by excessively long working hours, inadequate rest or disruptive working patterns. Likewise, it is important that Member States endeavour to combat sham self-employment and ensure that precarious forms of employment are not adopted when the work to be carried out is permanent;
Amendment 18 #
Proposal for a directive– amending act
–
–
The European Parliament rejects the Commission proposal.
Amendment 20 #
Proposal for a directive– amending act
Recital 2
Recital 2
(2) Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities establishes minimum requirements in relation to the organisation of working time in order to improve the health and safety protection of persons performing mobile road transport activities, to improve road safety and to align conditions of competition. This Directive already establishes minimum requirements, since its transposition must not lead to a lower level of protection for workers or less compliance with more favourable conditions in individual Member States enshrined in general employment legislation or collective agreements.
Amendment 22 #
Proposal for a directive – amending act
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2002/15/EC
Article 1
Article 1
(-1) Article 1 reads as follows: The purpose of this directive shall be to establish minimum requirements in relation to the organisation of working time in order to improve the health and safety protection of professionals performing mobile road transport activities, notably as regards break times, rest times or periods of availability - without prejudice to their wages - and to improve road safety, with the resultant alignment of conditions of competition.
Amendment 23 #
Proposal for a directive – amending act
Article 1 – point 1 − point a
Article 1 – point 1 − point a
Directive 2002/15/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The Directive shall apply to mobile workers, as defined in Article 3(d) of this Directive, employed by undertakings established in a Member State, participating in road transport activities covered by Regulation (EC) No 561/2006 or, failing that, by the AETR Agreement. This Directive shall also apply to mobile workers as defined in the second sentence of Article 3(d)self- employed drivers..
Amendment 26 #
Proposal for a directive
Recital 7
Recital 7
(7) In the light of the Commission report and the impact assessment,t is also in the general interest that the rules governing working time and driving and rest periods should apply equally to all professional drivers, including self-employed drivers, should be excluded from the scope of Directive 2002/15/ECo as to ensure the safety of these professionals and road safety.
Amendment 28 #
Proposal for a directive – amending act
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 2002/15/EC
Article 3 – point b
Article 3 – point b
(a) point (a) 2, first sentence is deleted.The following paragraph is added to the end of point (b): 'This period shall be taken into account for wage purposes.'
Amendment 30 #
Proposal for a directive – amending act
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 2002/15/EC
Article 3 – point h
Article 3 – point h
(b) The following sentence is added to point (d): "'mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but: i. who does not have the freedom to organise the relevant working activities; ii whose income does not depend directly on the profits made; iii individually or through a cooperation between self-employed drivers, to havA point h) to read: (h) ‘night time’ shall mean a period of [...] as defined by national law between 8.00 p.m. and 7.00 a.m. who does not have the frelations with several customers.edom,
Amendment 31 #
Proposal for a directive
Recital 8
Recital 8
(8) Nevertheless, iIt is desirable that Member States continue to alert self- employed drivers of the adverse effects on health and safety as well as of negative impacts on road safety caused by excessively long working hours, inadequate rest or disruptive working patterns. Likewise, it is important that Member States endeavour to combat sham self-employment and ensure that precarious forms of employment are not adopted when the work to be carried out is permanent.
Amendment 33 #
Proposal for a directive – amending act
Article 1 – point 2 –point c
Article 1 – point 2 –point c
Directive 2002/15/EC
Article 3 - point e
Article 3 - point e
Amendment 35 #
Proposal for a directive – amending act
Article 1 – point 2 – point d
Article 1 – point 2 – point d
Directive 2002/15/EC
Article 3 – point f
Article 3 – point f
Amendment 39 #
Proposal for a directive – amending act
Article 1 – point 2 –point e
Article 1 – point 2 –point e
Directive 2002/15/EC
Article 3 – point i
Article 3 – point i
Amendment 44 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2002/15/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
(a) In Article 5(1) the reference ‘Regulation (EEC) No 3820/85’ is replaced by the reference ‘Regulation (EC) No 561/2006’. (b) The following paragraph is inserted: 'This period shall be taken into account for the purposes of wages.'
Amendment 45 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2002/15/EC
Article 6
Article 6
(a) In Article 6 the reference "Regulation (EEC) No 3820/85" is replaced by the reference "Regulation (EC) No 561/2006". (b) The following paragraph is added: This period shall be taken into account for wage purposes.
Amendment 47 #
Proposal for a directive – amending act
Article 1 –point 6
Article 1 –point 6
Directive 2002/15/EC
Article 11 a – paragraph 1
Article 11 a – paragraph 1
(1) Member States shall organise a system of appropriate and regular monitoring and controls in order to guarantee the correct and consistent transposition and implementation of the rules contained in this Directive. They shall ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are appropriate. Directive 2002/15/EC already establishes 'minimum requirements', since its transposition and implementation must not lead to a lower level of protection for workers or less compliance with more favourable conditions in individual Member States enshrined in general employment legislation or collective agreements;
Amendment 51 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2002/15/EC
Article 11 a – paragraph 3
Article 11 a – paragraph 3
(3) Member States shall take the necessary measures to ensure that transport undertakings and mobile workers have access to information, assistance and advice in the field of working time rules and work organisation. Member States shall endeavour to combat sham self- employment and ensure that precarious forms of employment are not adopted when the work to be carried out is permanent;
Amendment 53 #
Proposal for a directive
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2002/15/EC
Article 1
Article 1
(-1) Article 1 reads as follows: The purpose of this directive shall be to establish minimum requirements in relation to the organisation of working time in order to improve the health and safety protection of professionals performing mobile road transport activities, notably as regards break times, rest times or periods of availability - without prejudice to their wages - and to improve road safety, with the resultant alignment of conditions of competition.
Amendment 57 #
Proposal for a directive
Article 1 – point 1 – subpoint a
Article 1 – point 1 – subpoint a
Directive 2002/15/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The Directive shall apply to mobile workers, as defined in Article 3(d) of this Directive, employed by undertakings established in a Member State, participating in road transport activities covered by Regulation (EC) No 561/2006 or, failing that, by the AETR Agreement. This Directive shall also apply to mobile workers as defined in the second sentence of Article 3(d)self- employed drivers.
Amendment 65 #
Proposal for a directive
Article 1 – point 2 – subpoint a
Article 1 – point 2 – subpoint a
Directive 2002/15/EC
Article 3 – point a – paragraph 2
Article 3 – point a – paragraph 2
(a) point (a) 2, first sentence is deletedThe following paragraph is added to the end of point (b): 'This period shall be taken into account for wage purposes.'
Amendment 70 #
Proposal for a directive
Article 1 – point 2 – subpoint b
Article 1 – point 2 – subpoint b
Directive 2002/15/EC
Article 3 – paragraph 2 – point h
Article 3 – paragraph 2 – point h
(b) The following sentence is added to point (d): "'mobile worker' shall also include any person who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, but: i. who does not have the freedom to organise the relevant working activities; ii whose income does not depend directly on the profits made; iii who does not have the freedom, individually or through a cooperation between self-employed drivers, to have relations with several customers.”(Point (h) to read as follows: “(h) ‘night time’ shall mean a period of [...] as defined by national law between 20.00 and 7.00.
Amendment 75 #
Proposal for a directive
Article 1 – point 2 – subpoint c
Article 1 – point 2 – subpoint c
Directive 2002/15/EC
Article 3 – paragraph 2 – point e
Article 3 – paragraph 2 – point e
Amendment 80 #
Proposal for a directive
Article 1 – point 2 – subpoint d
Article 1 – point 2 – subpoint d
Directive 2002/15/EC
Article 3 – paragraph 2 – point f
Article 3 – paragraph 2 – point f
Amendment 82 #
Proposal for a directive
Article 1 – point 2 – subpoint e
Article 1 – point 2 – subpoint e
Directive2002/15/EC
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
Amendment 92 #
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive2002/15/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
(a) In Article 5(1) the reference “Regulation (EEC) No 3820/85” is replaced by the reference “Regulation (EC) No 561/2006”. (b) The following paragraph is inserted: “This period shall be taken into account for the purposes of wages.”
Amendment 93 #
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive2002/15/EC
Article 6
Article 6
(a) In Article 6 the reference "Regulation (EEC) No 3820/85" is replaced by the reference "Regulation (EC) No 561/2006.". (b) The following paragraph is added: “This period shall be taken into account for wage purposes.”
Amendment 100 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive2002/15/EC
Article 11 a – paragraph 1
Article 11 a – paragraph 1
(1) Member States shall organise a system of appropriate and regular monitoring and controls in order to guarantee the correct and consistent transposition and implementation of the rules contained in this Directive. They shall ensure that the national bodies responsible for enforcement of the Directive have an adequate number of qualified inspectors and shall take whatever measures are appropriate. Directive 2002/15/EC already establishes minimum requirements, since its transposition and implementation must not lead to a lower level of protection for workers or less compliance with more favourable conditions in individual Member States enshrined in general employment legislation or collective agreements.
Amendment 105 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2002/15/EC
Article 11 a – paragraph 3
Article 11 a – paragraph 3
(3) Member States shall take the necessary measures to ensure that transport undertakings and mobile workers have access to information, assistance and advice in the field of working time rules and work organisation. Member States shall endeavour to combat sham self- employment and ensure that precarious forms of employment are not adopted when the work to be carried out is permanent.