[ParlTrack]

Motion for a resolution
Recital E

E. whereas self-employed drivers have been excluded from the scope of Directive 2002/15/EC ~~on a temporary basis until~~until at least 23 March 2009,

2008/06/05
Committee: EMPL

Philip BUSHILL-MATTHEWS

Motion for a resolution
Recital G

G. whereas Parliament has pointed on various occasions to the importance of a~~voiding fragmentation of the industry as a result of the~~ddressing the industry malpractice of classifying of many employees (falsely) as self- employed drivers,

2008/06/05
Committee: EMPL

Philip BUSHILL-MATTHEWS

Motion for a resolution
Recital H

~~H. whereas it is important to eliminate disparities between the Member States and help to ensure fair competition in the road transport sector by including self- employed drivers,~~deleted

2008/06/05
Committee: EMPL

Philip BUSHILL-MATTHEWS

Motion for a resolution
Recital I

~~I. whereas it is important for the scope of the regulation to remain consistent with regard to the length of driving time and rest periods, with no distinctions between drivers,~~deleted

2008/06/05
Committee: EMPL

Philip BUSHILL-MATTHEWS

Motion for a resolution
Recital J

~~J. whereas restricting working time in the road transport sector will have much greater benefits in terms of road safety if self-employed drivers are included,~~deleted

2008/06/05
Committee: EMPL

Philip BUSHILL-MATTHEWS

Motion for a resolution
Recital K

K. whereas the inclusion of self-employed drivers will not detract from their capacity or the need to perform administrative or managerial duties for their company, since, for the purposes of the directive, working time is confined to activities related directly to road transport,deleted

2008/06/05
Committee: EMPL

Philip BUSHILL-MATTHEWS

Motion for a resolution
Recital L

L. whereas the social actors represented on the European Economic and Social Committee are broadly in agreement on including self-employed workers, so as to ensure equal treatment for all workers in the sector, prevent distortions of competition and promote better working conditions,deleted

2008/06/05
Committee: EMPL

Philip BUSHILL-MATTHEWS

Motion for a resolution
Recital M

M. whereas the European Court of Justice has clearly established the doctrine that Article 71 of the EC Treaty offers a sufficient legal basis for applying the directive to self-employed workers, precisely because it contributes to the objectives of road safety and the approximation of conditions of competition,deleted

2008/06/05
Committee: EMPL

Philip BUSHILL-MATTHEWS

Motion for a resolution
Recital P (new)

Pa. whereas all workers, including the self-employed, are covered by national health and safety legislation,

2008/06/05
Committee: EMPL

Philip BUSHILL-MATTHEWS

Motion for a resolution
Paragraph 1

1. Expresses concern at the shortcomings and delays in the transposalition and implementation of Directive 2002/15/EC in some Member States; seeks rapid clarification and comment from such Member States as to the reasons for non- implementation, together with an indication of what obstacles may still remain;

2008/06/05
Committee: EMPL

Philip BUSHILL-MATTHEWS

Motion for a resolution
Paragraph 5

5. Calls on the Commission to give appropriate priority to the social dimension of road safety and the health and safety of drivers ~~ahead of all other considerations~~, when drawing up its official impact assessment;

2008/06/05
Committee: EMPL

Philip BUSHILL-MATTHEWS

Motion for a resolution
Paragraph 6

6. Calls on the Commission, when drawing up its official impact assessment, 1 Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport (deleted OJ LC 1~~02, 11.4.~~75, 27.7. 20067, p. 1). 2 to give proper consideration to the position expressed by Parliament and its arguments for the full inclusion of self- employed drivers within the scope of the Directive after the transitional period;88.

2008/06/05
Committee: EMPL

Philip BUSHILL-MATTHEWS

Motion for a resolution
Paragraph 7

7. Calls on the Commission, when drawing up its official impact assessment, to take into account the general view within the transport sector that self-employed drivers should be included and ~~the fact~~considers that it would be extremely difficult from a legal point of view to identify and pursue ‘bogus’ self-employed workers, not to mention the practical and bureaucratic difficulties that would have to be overcome to prevent this concept from being widely exploited to evade the restrictions on working days;

2008/06/05
Committee: EMPL

Philip BUSHILL-MATTHEWS

Motion for a resolution
Paragraph 8

8. Calls on the Commission to submit the relevant measures sufficiently well in advance to ensure that the directive as a whole, including all its elements, can enter fully into force on 23 March 2009 and that its scope is extended to include self-employed workers;deleted

2008/06/05
Committee: EMPL

Philip BUSHILL-MATTHEWS

Motion for a resolution
Paragraph 8 a (new)

8a. Calls on the Commission to ensure that impact assessments are completed with urgency, so that an objective analysis can be concluded without further delay of what changes, if any, should be considered;

2008/06/05
Committee: EMPL

15 Amendments of Philip BUSHILL-MATTHEWS related to 2008/2062(INI)

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