Directive (EU) 2020/1057 laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector

What it is

to adapt social rules applying to the road transport sector in order to ensure a balance between the drivers' social protection and operators' freedom to provide cross-border services. PROPOSED ACT: Directive of the European Parliament and of the Commission. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with Council. BACKGROUND: among the main social rules applying to the transport sector are the following: The Committee on Transport and Tourism adopted the report by Merja KYLLÖNEN (GUE/NGL, FI) on the proposal for a regulation of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector. The Committee on Employment and Social Affairs, exercising its prerogatives as an associate committee under Rule 54 of the Rules of Procedure of the European Parliament, also gave its opinion on this report The committee recommended that the position of the European Parliament adopted at first reading in the ordinary legislative procedure amend the Commission proposal as follows: Enforcement : the Directive must aim to provide legal certainty and clarity, to contribute to the harmonisation and fostering of enforcement and to the fight against illegal practices and lower administrative burden. Members stressed the need to ensure adequate, effective and consistent compliance with the provisions on working and rest time to improve road safety and to protect the working conditions of drivers and to prevent distortions of competition arising from non-compliance with the rules. The focus should be on combating undeclared work in the transport sector. Roadside checks on the implementation of Directive 2002/15 / EC (monitoring of working time) will be organised only after the introduction of a technology that allows for effective controls. In the meantime, these checks will be carried out exclusively at the premises of transport undertakings. Member States must interconnect their national electronic registers (NER) through the European Register of Road Transport Undertakings (ERRU) system, so that the competent authorities of the Member States can have direct real-time access to the data and information in the ERRU. Posting of workers : Members proposed that the EU rules on posted workers (Directive 96/71/EC) based on the principle of "equal pay for equal work" apply to cabotage operations . This means that the same remuneration rules would apply to a truck driver who delivers goods to another Member State after a cross-border delivery as to drivers in the host country. Furthermore, the rules on posting must also apply to the road leg of the combined transport, provided that the road leg is carried out within the same Member State. Member States shall not apply Directive 96/71/EC to drivers in the road transport sector when performing international carriage operations and transit operations when a driver transits through a Member State without loading or unloading freight…

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