On the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods in the occasional passenger transport sector

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods in the occasional passenger transport sector

(COM(2023)256 – C90178/2023 – 2023/0155(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2023)256),

– having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90178/2023),

– having regard to the opinion of the European Economic and Social Committee of 11 September 2023;

– having regard to the opinion of the Committee of the Regions of ... ;

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on Employment and Social Affairs,

– having regard to the report of the Committee on Transport and Tourism (A90000/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) More flexibility in the scheduling of breaks for drivers engaged in occasional road passenger transport services should not prevent those drivers from taking breaks of the minimum duration necessary to enable them to rest properly. Therefore, it is appropriate to set a minimum duration for each break. Therefore, drivers engaged in occasional road passenger transport services should be allowed to split their obligatory break into three separate breaks of at least 15 minutes each, in addition to the other possibility of splitting a break.

(8) More flexibility in the scheduling of breaks for drivers engaged in occasional road passenger transport services should not prevent those drivers from taking breaks of the minimum duration necessary to enable them to rest properly. Therefore, it is appropriate to set a minimum duration for each break. Therefore, drivers engaged in occasional road passenger transport services should be allowed to split their obligatory break into two or three separate breaks of at least 15 minutes each distributed freely over the driving period.

Or. en

Justification

The currently applicable rules on breaks are not often well aligned with the natural stops on occasional passenger trips. This may create customer dissatisfaction which may increase stress for the drivers. In order to provide high quality occasional passenger transport services, drivers need to be able to adapt to unexpected circumstances and have their breaks when it makes practical sense.

Amendment 2

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) To ensure that greater flexibility in the scheduling of rest periods of drivers engaged in occasional road passenger transport services is not abused, it is essential to clearly delimit the scope of such flexibility and also to provide for appropriate checks. Drivers should therefore be able to postpone the start of their daily rest periods for a maximum period of 1 or 2 hours, in cases where the driving period for that day has not exceeded 5 or 7 hours respectively, and should postpone the start only when carrying out journeys of 8 days or longer. Such flexibility should be further limited to only one of each derogation during the period of the tour. It should be also possible to counter check such circumstances with a printout from the recording equipment or the duty roster, in addition to the tachograph records.

(9) To ensure that greater flexibility in the scheduling of rest periods of drivers engaged in occasional road passenger transport services is not abused, it is essential to clearly delimit the scope of such flexibility and also to provide for appropriate checks. Drivers should therefore be able to postpone the start of their daily rest periods for a maximum period of 1 hour, in cases where the driving period for that day has not exceeded 7 hours, and should postpone the start only when carrying out journeys of 4 days or longer. Such flexibility should be further limited to only two derogations during the period of the tour. It should be also possible to counter check such circumstances with a printout from the recording equipment or the duty roster, in addition to the tachograph records.

Or. en

Justification

The required duration is changed to 4 days as most occasional passenger service tours are considerably shorter than 8 days. The possibility of postponing the taking of daily rest by 1 hour, without exceeding regulatory driving time and without reducing daily rest, brings the rules closer to the actual needs of the passenger groups.

Amendment 3

Proposal for a regulation

Article 1 – paragraph 1 – point 2

Regulation (EC) No 561/2006

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

For a driver engaged in an occasional passenger service the break referred to in the first paragraph may also be replaced by three breaks of at least 15 minutes each, distributed over the driving period referred to in the first paragraph, in such a way as to comply with the first paragraph.;

For a driver engaged in an occasional passenger service the break referred to in the first paragraph may also be replaced by two or three breaks of at least 15 minutes each, distributed freely over the driving period referred to in the first paragraph, in such a way as to comply with the first paragraph.;

Or. en

Justification

The currently applicable rules on breaks are not often well aligned with the natural stops on occasional passenger trips. This may create customer dissatisfaction which may increase stress for the drivers. In order to provide high quality occasional passenger transport services, drivers need to be able to adapt to unexpected circumstances and have their breaks when it makes practical sense.

Amendment 4

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 561/2006

Article 8 – paragraph 2a – subparagraph 1

Text proposed by the Commission

Amendment

Provided that road safety is not thereby jeopardised, a driver engaged in an occasional passenger service with a duration of at least 8 days may derogate from paragraph 2, first subparagraph, in the following ways:

Provided that road safety is not thereby jeopardised, a driver engaged in a single occasional passenger service accompanied by one journey form, with a duration of at least 4 days may derogate from paragraph 2, first subparagraph, in the following way:

Or. en

Justification

It should be clarified that the possibility for derogation concerns a driver engaged in a service with one group travelling during the same single journey. The required duration is changed to 4 days as most occasional passenger service tours are considerably shorter than 8 days.

Amendment 5

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 561/2006

Article 8 – paragraph 2a – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) postponing the daily rest period by at most 2 hours, provided that the total accumulated driving time for that day has not exceeded 5 hours.

deleted

Or. en

Justification

The possibility of postponing the taking of daily rest by 1 hour, without exceeding regulatory driving time and without reducing daily rest, already brings the rules closer to the actual needs of the passenger groups.

Amendment 6

Proposal for a regulation

Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 561/2006

Aricle 8 – paragraph 2a – subparagraph 2

Text proposed by the Commission

Amendment

Each of the derogations referred to in the first subparagraph, points (a) and (b), may be used only once during the journey referred to in the first subparagraph.

The derogation referred to in the first subparagraph, point (a), may be used only twice during the journey referred to in the first subparagraph.

Or. en

EXPLANATORY STATEMENT

The Rapporteur welcomes the Commission proposal and recognises that the proposal is needed due to the specific characteristics of the occasional passenger transport sector.

The Rapporteur notes that as Regulation (EC) 561/2006 on driving and resting times has been reviewed as recently as 2020, this regulatory update should remain limited in scope, namely to occasional passenger services. The objectives of the rules should remain the same - harmonizing the conditions of competition while improving working conditions and road safety. Attention should be paid to proper enforcement and control of existing rules, both in freight and in passenger transport.

However, simultaneously a slight adaptation of existing rules is justified to better serve the specific needs of the occasional passenger transport sector. A degree of additional flexibility is needed, without jeopardizing road safety, working conditions and enforceability of the rules.

With regard to the rules on breaks, the Rapporteur notes that the currently applicable rules are often not well aligned with the natural stops on occasional passenger journeys. In order to be able to provide quality occasional passenger transport services, drivers need to be able to adapt to changing circumstances.

With regard to the rules on daily rests, the Rapporteur supports the possibility for postponing the start of the daily rest by one hour in certain situations. Unlike freight transport or regular passenger transport, occasional passenger transport services are characterized by longer distances driven at the beginning and the end of the tour, and by a shorter duration of driving time at the place where the touristic activities mostly take place. The possibility of postponing the taking of the daily rest by one hour twice during the tour, without exceeding regulatory driving time and without reducing daily rest, would bring the rules closer to the actual needs of the passenger groups.

Finally, the Rapporteur supports the Commission’s proposal to allow drivers to postpone their weekly rest period by up to 12 days (24-hour periods) on national journeys, as is already the case for international journeys. This alignment of the rules for national and international services is justified for the proper functioning of the single market and for streamlining enforcement and control.

Transparency register:

FinMobility

Autoliikenteen Työnantajaliitto ry

European Transport Workers' Federation ETF

Finnish Ministry of Transport and Communications

European Commission, DG MOVE

International Road Transport Union IRU