Forslag til europaparlaments- og rådsdirektiv om endring av direktiv 2006/22/EF når det gjelder krav til håndhevelse og fastsetting av detaljerte bestemmelser med hensyn til direktiv 96/71/EF og direktiv 2014/67/EU for utestasjonering av sjåfører i veitransportsektoren
Proposal for Directive 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
BAKGRUNN (fra kommisjonsforslaget, engelsk utgave)
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Reasons for and objectives of the proposal
In the road transport sector, the Union social rules contribute to achieving the policy objectives of improving drivers' working conditions, ensuring fair competition between road transport companies and enhancing road safety for all road users. Tailoring these rules to the needs of the sector and making them easier to apply and enforce uniformly and efficiently is a key part of the Commission's strategy to further integrate the road transport market in the EU and make the sector fair, efficient and socially accountable, as outlined in the white paper on transport of 28 March 2011.
The key social rules applying to road transport include provisions on the organisation of drivers' working time set out in Directive 2002/15/EC, minimum requirements for enforcement set out in Directive 2006/22/EC, rules on driving times, breaks and rest periods under Regulation (EC) No 561/2006 and provisions on posting of workers established in Directive 96/71/EC and the enforcement Directive 2014/67/EU. These legal acts are part of a wider effort to improve the working conditions of drivers, ensure fair competition between operators and improve the safety of European roads, as well as to ensure a balance between the drivers' social protection and operators' freedom to provide cross-border services.
An ex-post evaluation of the social legislation in road transport and its enforcement, carried out in 2015-2017 as part of the regulatory fitness programme (REFIT), concluded that the rules in place do not effectively and efficiently address the risks of deterioration in working conditions and distortions of competition. This is due to shortcomings in the legal framework. Certain rules are unclear, unsuitable or difficult to implement or enforce, which results in differences in implementation between Member States of the common rules and creates a risk of fragmentation of the internal market.
The analysis of the problems on the ground show in particular that differences in interpreting and applying of Directives 96/71/EC and 2014/67/EU to the road transport sector need to be addressed as a matter of urgency. The impact assessment supporting this legislative proposal concludes that the posting provisions and administrative requirements do not suit the highly mobile nature of the work of drivers in international road transport. This causes disproportionate regulatory burdens for operators and creates unjustified barriers to provision of cross-border services. The legal and practical difficulties in applying the posting rules to road transport sector was highlighted in recital (10) of the Commission proposal of 8 March 2016 for amending Directive 96/71/EC: Because of the highly mobile nature of work in international road transport, the implementation of the posting of workers directive raises particular legal questions and difficulties (especially where the link with the concerned Member State is insufficient). It would be most suited for these challenges to be addressed through sector-specific legislation together with other EU initiatives aimed at improving the functioning of the internal road transport market.
This proposal provides for a holistic approach to addressing the risks of inadequate working conditions for drivers, including terms and conditions of employment, and at the same time mitigating the excessive regulatory burdens on operators and preventing distortions of competition. The overarching goal is to ensure a balance between adequate working conditions for drivers and freedom to provide cross-border services for operators.
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