2142 Amendments of Heinz K. BECKER
Amendment 4 #
2018/2271(INL)
Motion for a resolution
Recital B
Recital B
B. whereas according to the judgment of the Court of Justice of 7 march 2017 in Case C-638/162 Member States are not required, under Union law, to grant a humanitarian visa to persons who wish to enter their territory with a view to applying for asylum, but they remain free to do so on the basis of their national law; whereas based on this ruling interprets existing Union law which may be modifieda framework for Humanitarian Visas on European level cannot be binding for EU Member States; __________ 2 Judgment of the Court of Justice of 7 March 2018, X and X v État belge, C- 638/16, ECLI:EU:C2017:173).
Amendment 19 #
2018/2271(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by 31 March 2019, on the basis of point (a) of Article 77(2) of the Treaty on the Functioning ofStates that with regards to European Court of Justices ruling from March 2017 (Judgment in Case C-638/16 PPU) there is no legal basis for European legislation on long term residence permits under the title Humanitarian Visa but refers to the Ecuropean Union (TFEU), a proposal for a Regulation on establishing a Europearent legislation which allows member states to issue short time residence permits with limited territorial validity on Hhumanitarian Visa, followinggrounds and the recommendations set out in the Annex heretofor does not see a reason to create further means of residence permits;
Amendment 21 #
2018/2271(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. States that this new and misleading interpretation of Humanitarian Visas can create more problems than it solves: pull factor for third country nationals, mass influx at embassies and consulates that would possibly lead to their closure, increasing number of illegally staying third country nationals in EU member states as there will continue to be negative asylum decisions;
Amendment 22 #
2018/2271(INL)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Expresses it's serious doubts that this instrument will be able to stop the problems of smugglers, illegal immigration or the attempts to cross the Mediterranean;
Amendment 23 #
2018/2271(INL)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Aims to stop migration as close to its origin as possible by tackling root causes of migration on the one hand and by establishing reception centres in third countries for those who are already on their way on the other hand;
Amendment 24 #
2018/2271(INL)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Expresses its objective that asylum applications should be dealt with already outside the EU in third countries, especially in EU led reception centres in order to prevent people from the dangerous immigration routes such as the Mediterranean;
Amendment 26 #
2018/2271(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that Member States should be able to issue a European humanitarian visa to persons seeking international protection, to allow those persons to enter the territory of the Member State issuing the visa for the sole purpose of making an application for international protection in that Member State; reiterates that, in accordance with the ruling of the European Court of Justice of 7 march 2017 in Case C- 638/16, a regime on European level on humanitarian visas cannot be binding to Member States but rather a framework for those Member State willing to grant humanitarian visas;
Amendment 24 #
2018/2162(INI)
Motion for a resolution
Recital E
Recital E
E. whereas gender mainstreaming is a globally accepted strategy for ensuringcan contribute to gender equality; whereas the Commission defines gender mainstreaming as 'the integration of a gender perspective into the preparation, design, implementation, monitoring and evaluation of policies, regulatory measures and spending programmes, with a view to promoting equality between women and men’23; _________________ 23 http://eige.europa.eu/gender- mainstreaming/what-is-gender- mainstreaming.
Amendment 33 #
2018/2162(INI)
Motion for a resolution
Recital H
Recital H
Amendment 36 #
2018/2162(INI)
Motion for a resolution
Recital I
Recital I
I. whereas ensuring coherence between their internal human resources policies and their external actions in the field of promotion of gender equality and LGBTI rights is essential to the credibility of the European Parliament and the other EU institutions;
Amendment 39 #
2018/2162(INI)
Motion for a resolution
Recital L
Recital L
L. whereas although Parliament attaches increased importance to LGBTI issues, the visibility of LGBTI staff is relatively low; whereas most LGBTI staff stillstaff prefer to hide their sexual orientation or gender identity;
Amendment 44 #
2018/2162(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. Whereas women in the European Union have the same political and civil rights as men, but nevertheless frequently face social, societal or economic inequalities;
Amendment 62 #
2018/2162(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly applauds the (very few) male role modelApplauds female and male role models as well as initiatives both in the Parliament administration and at political level whoich actively promotecontribute to gender equality and equal opportunities; further encourages both male, female and LGBTI role models;
Amendment 74 #
2018/2162(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Regrets the lack of coherence and coordination between the various bodies working on gender equality and diversity in Parliament; reiterates its call to improve internal coordination in order to achieve a higher degree of gender mainstreaming;
Amendment 80 #
2018/2162(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for effective measures to ensure genuine equality between men and women in the European Parliament; emphasises in this context that, above all, measures to counteract sexual harassment are of paramount importance; highlights above all awareness raising and training measures. Applauds the fact that Parliament has already initiated initiatives such as voluntary training. Distances itself from measures which are associated with excessive bureaucracy and which make the subject-matter work of the committees more difficult and therefore do not achieve the desired effect;
Amendment 82 #
2018/2162(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomeAccepts the revised guidelines on gender-neutral language in the European Parliament, published in July 2018, which now better reflect linguistic and cultural developments and provide practical advice in all official EU languages on the use of gender-fair and inclusive language; recalls that Parliament was one of the first international organisations to adopt multilingual guidelines on gender-neutral language in 2008; recalls the importance of building broad public acceptance of the guidelines and invites all Members of the European Parliament, as well as officials, to promote and apply these guidelines consistently in their work;emphasises that the use of gender-neutral language and terminology should in no way be allowed to hinder the clarity of legislation.
Amendment 87 #
2018/2162(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the fact that most of the parliamentary committees have adopted action plans on gender mainstreaming for their work and many have already presented them to the Gender Mainstreaming Network; calls, therefore, on the remaining few committees to follow suit; calls onrecommends for all committees at the start of the new mandate to update their Gender Action Plans and present them to the Gender Mainstreaming Network; request; emphasises that Ggender Action Plans for each committee be included in Parliament’s Rules of Procedureequality should be incorporated into the work of the committees;
Amendment 98 #
2018/2162(INI)
Motion for a resolution
Paragraph 12 – point a
Paragraph 12 – point a
a) mandatovoluntary training for MEPs and staff, offered regularly;
Amendment 106 #
2018/2162(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission in this context to further monitor the regular application and implementation of Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, which provides for a shift of the burden of proof in cases of gender discrimination;
Amendment 109 #
2018/2162(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Repeats its call on the European Parliamentary Research Service to carry out regular detailed qualitative and quantitative research on the progress of gender mainstreaming in Parliament and the functioning of the organisational structure dedicated to it, as well as to develop gender impact assessments and gender-based analysis;
Amendment 115 #
2018/2162(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Supports tools such as the zipper system on candidate lists which ensures a balance between men and women; commits itself to balance between men and women at all levels;
Amendment 134 #
2018/2162(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Invites the Secretary-General and the Bureau to apply the same principle for the attribution of senior management posts as for the attribution of Head Of Unit posts, i.e. to make it compulsorystipulate that shortlists include three suitable candidates with at least one candidate of each gender, while stating that, if all else is equal (e.g. qualifications, experience), the under- represented gender should be preferred; notes that if these requirements are not fulfilled, the post should be re-advertised;
Amendment 137 #
2018/2162(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Strongly disapproves of the misogynistic language used on several occasions in the plenary chamber and condemns it in the strongest possible terms; welcomes the sanctions imposed by the President of the European Parliament and confirmed by the Bureau against a Member of the European Parliament for remarks made during the plenary session of 1 March 2017 undermining the dignity of women; is concerned by the decision of the General Court of the European Union of 31 May 2018 to annul the decision of the President and of the Bureau, based both on interpretation of the relevant provisions of the Rules of Procedure and on the case-law of the European Court of Human Rights concerning Article 10 of the European Convention on Human Rights (freedom of speech); urges its committee competent for issues concerning the Rules of Procedure to revise the applicable rules with a view to ensuring respect and dignity in the plenary chamber at all times;
Amendment 151 #
2018/2162(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recalls that as regards the use of measures to improve work-life balance, acceptance by managers and, if relevant, equal take-up by both partners should be specifically encouraged; emphasises in this context the need for additional effective measures to promote work-life balance; notes that flexible working time arrangements can lead to gender discrimination in practice as these tools are used in the vast majority ofmany cases by women and can impede career progression; also recalls that teleworking might increase flexibility but can also make women stay away from the office where they are visible and can network;calls for awareness-raising in this context so that both men and women use this model; also recalls that teleworking ought to increase flexibility.
Amendment 38 #
2018/2120(INI)
Motion for a resolution
Recital M
Recital M
M. whereas the employment rate of women in 2017 is 66.5 %, yet the gender employment gap remains substantial, as does the gender pay gap, and whereas therefore more women than men suffer poverty in old age;
Amendment 40 #
2018/2120(INI)
Motion for a resolution
Recital N
Recital N
N. whereas informal or family carers are at greater risk of experiencing poverty, both during their period of caring and when accessing pension entitlements; whereas family carers are predominantly women, who provide around 70 % of all care services in Europe;
Amendment 70 #
2018/2120(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States to carefully examine the issue of in-work poverty and to propose solutions at both EU and national level to counter this most insidious issue; believes that immediate and coordinated action must be taken to reverse this trend, which threatens to fragment social cohesion and intergenerational solidarity; reiterates its concern at the high number of people at risk of poverty and social exclusion despite the decreasing trend; is especially worried about the high rates of child poverty, rural poverty and poverty in old age, which affects considerably more women than men; asks the Commission and the Member States to adopt all necessary measures to significantly reduce poverty, particularly child poverty; calls on the Commission and the Member States to give greater recognition to the work and expertise of NGOs, anti-poverty organisations and people experiencing poverty themselves, encouraging their participation in the exchange of good practices; points out that high levels of inequality diminish economic output and the potential for sustainable growth;
Amendment 80 #
2018/2120(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that the integration of the long-term unemployed through individually tailored measures is an important factor for fighting poverty and social exclusion and contributing to the sustainability of national social security systems; calls, in this connection, for more effort to be made to cultivate skills relevant to the labour market, as well as for a massive increase in the share of practice-oriented training in order to achieve the objective of employability;
Amendment 83 #
2018/2120(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to ensure that young people not in employment, education or training (NEETs), including young people with disabilities, can avail of and benefit from the Youth Guarantee in a real and meaningful way; stresses that education is the key to avoiding poverty; considers that increased training in basic digital skills, such as the use of digital media and a basic knowledge of programming, is essential at educational institutions; stresses in this connection the need for modern technical equipment in educational establishments, with appropriate digital infrastructure; calls on the Commission and the Member States, without further delay, to resolutely implement the dual training system which is established as the leading model in the EU;
Amendment 99 #
2018/2120(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that micro-enterprises and small and medium-sized enterprises (MSMEs) are extremely important for sustainable and inclusive development and job creation in Europe; calls on the Commission and the Member States to give greater and better consideration to the interests of MSMEs in the policymaking process;
Amendment 107 #
2018/2120(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States and the Commission to take all necessary measures to improve work-life balance and boost gender equality; calls for the development of accessible and affordable high-quality care services and childcare and early education services, as well as adequate forms of support for family carers, who deliver the greater part of care in the EU; deplores the continuing gender pay gap; and pension gap; recognises that this issue requires a multifaceted response, and calls on the Member States to address it as a matter of urgency;
Amendment 36 #
2018/2077(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the achievement of, according to Articles 2, 3 (3) TEU and Article 21 of the Charter of Fundamental Rights equality between women and men is one of the core values on which the EU is founded and whereas in all its activities, the Union shall aim to eliminate inequalities and promote gender equality has been slow andenshrined in Article 8 (TFEU); whereas across the European Union women remain underrepresented in the labour market; whereas the evidence suggests that one of the main causes of this is caring responsibilities; with the overall employment rate of women still being almost 12% lower than that of men; whereas in the EU 31.5% of working women work part-time compared with 8.2% of working men; whereas the evidence suggests that one of the main reason for labour market inactivity for women is related to the lack of possibility to effectively reconcile professional work with family duties, for which provision of care services is crucial;
Amendment 75 #
2018/2077(INI)
Motion for a resolution
Recital C
Recital C
C. whereas closing the gender employment gap is conditional on the fulfilment of basic social rights and the provision of basic social servicit is utmost important to address gender employment gap and to close the gender pension gap standing at a nearly 40% in the EU on average and resulting from accumulated inequalities throughout women’s life cours and their periods of absence in the labour market; whereas provision of care services is instrumental for an effective response to labour shortages;
Amendment 81 #
2018/2077(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the current Education and Training 2020 strategy’s EU benchmark on participation of children from 4 to start of primary school has been virtually met and whereas the Barcelona targets have been generally reached in the EU 28 for children under the age of 3 with substantial differences persisting among the Member states suggesting need for continued efforts; whereas the Barcelona targets of providing childcare to at least 33 % of children under 3 years of age (target 1) and to at least 90 % of children between the age of 3 and the mandatory school age (target 2) have been met in just 12 Member States since 2002, with achievement rates in some Member States worryingly low;
Amendment 88 #
2018/2077(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 92 #
2018/2077(INI)
Motion for a resolution
Recital E
Recital E
E. whereas although the number of care homes for the elderly has increased over the last 10 years in nearly all Member States, the demand is still outstripping the availability of care; whereas a lack of disaggregated information at a national level, including on financial investments, and a lack of quality indicators makes this important part of care infrastructure difficult to monitorassess and to produce recommendations for decision- makers at national level;
Amendment 108 #
2018/2077(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Stresses that while responsibility for the organisation and content of early childhood education and care systems as well as provision for long-term care rests with the individual Member States, cooperation at European level together with the efficient use of EU funds, can contribute to the development of quality care services by supporting and complementing measures taken at regional and national level as well as helping Member States to address common challenges;
Amendment 113 #
2018/2077(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. Points out that while complementing the central role of the family, quality ECEC provides many short-term and long-term benefits for individuals and society, including those with a socioeconomically disadvantaged background or with special educational needs and persons with disabilities;
Amendment 118 #
2018/2077(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
Fc. Underlines that provision of high- quality early childhood education is an effective investment providing foundation for successful lifelong learning, addressing inequalities and challenges faced by disadvantaged children;
Amendment 148 #
2018/2077(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Emphasises, however, that the availability of diverse, quality, accessible and affordable public or private care infrastructure, and support for childcare and care for other dependants either institutional, at home or in home-like situations, has proved to be a crucial aspect of work-life balance policies that help women make a swift return to and remain in the labour market;
Amendment 188 #
2018/2077(INI)
8a. Points out that quality care provisions in the EU vary greatly within and between the Member States, between private and public settings, between urban and rural areas, as well as between age groups, takes note that high proportion of childcare and long-term care provision is undertaken by families, especially grandparents in case of childcare, which is particularly evident in southern and eastern Europe1b. _________________ 1bEurofound 4th European Quality of Life Survey overview report (4th EQLS) (January 2018) https://www.eurofound.europa.eu/sites/def ault/files/ef_publication/field_ef_docume nt/ef1733en.pdf
Amendment 192 #
2018/2077(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that accessibility derives from a combination of cost and flexibility and that there should therefore be a range of care service provisions, both public and private, and fors well as for institutional care and care at home and in home- like settings; considers, furthermore, that family members should either be able to voluntarily provide care or be subsidised to procure care services;
Amendment 231 #
2018/2077(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Further calls on the Commission to develop harmonised definitions and indicatordefinitions to assess the accessibility, quality and efficiency of care services for children, persons with disabilities and the elderly at an EU level; calls on the Commission to monitor their implementation and promote corrective action where and when may be needed;
Amendment 234 #
2018/2077(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to develop national plans forcollect quality data on provision of care services available through public and private financing for children, elderly and person with disabilities, necessary to monitor situation at large and to improvinge care services by paying heed not only to users’ needs, but also to the work-life balance of the large numbers of carers; calls on the Member States to monitor their implementation and adoptadopt effective policy instruments and corrective actions where and when may ben needed;
Amendment 242 #
2018/2077(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. UrgesCalls on the Commission to present to the Council for approval a European carers’ programme,commit a study with a view to identifying and recognising the various types of informaland needs of care-giving in Europe, and guaranteeing financial support for carers, andthis way helping progressively developingto address their work-life balance by the Member States;
Amendment 245 #
2018/2077(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Takes note of various practices in the Member States, for example public childcare and child-rearing allowance (vårdnadsbidrag) in Sweden or guaranteed day care in Denmark; calls on the Commission to serve as a platform to exchange best practices among the Member States with regard to different models of provision for care services tailored to individual situation and financial capabilities to address care challenges;
Amendment 258 #
2018/2077(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Invites the Commission to revise the Barcelona targets and targets on early childhood education, in consultation with Member States, given the individual progress reached and the existing needs of European families;
Amendment 263 #
2018/2077(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to setconsider setting up targets on care services for the elderly and for persons with disabilities, in consultation with the Member States;
Amendment 297 #
2018/2077(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to strengthen the provision of funding for all types of care services through the European Social Fund+ and other financial instrumentstake a comprehensive approach towards all types of care services and to strengthen the provisions for efficient and synergistic use of the relevant EU financial instruments in the fields of lifelong learning, research and infrastructural development, -in particular through the existing European Fund for strategic Investments (EFSI), European Structural and Investment Funds (ESI Funds), such as the European Social Fund (ESF), and the and the European Regional Development Fund (ERDF), as well as European Agricultural Fund for Rural Development (EAFRD); takes note of the proposal for the European Social Fund+ and other financial instruments, including InvestEU fund (Single Investment Fund) enabling great public-private infrastructural investment, whose purpose is to fund socialalso fund care infrastructure; encourages Member States to prioritise funding for childcare and long-term care using the existing and similar financial instruments available within the next MFF;
Amendment 306 #
2018/2077(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
Amendment 33 #
2018/2044(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the national security and intelligence agencies of EU Member States and of some third countries cooperate very effectively through the Counter Terrorism Group (CTG) and on a bilateral and multilateral basis; whereas the EU has an established complex of structures dealing wholly or in part with terrorism, notably through Europol’s European Counter Terrorism Centre (ECTC), EU INTCEN and facilitated by the European Counter- Terrorism Coordinator;
Amendment 55 #
2018/2044(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas on 6 July 2017 the Parliament set up a temporary Special Committee on Terrorism (TERR) with the aim of providing Parliament’s view as to the practical and legislative gaps in the current counter-terrorism regime that have allowed the recent terrorist attacks in the EU to occur and making recommendations that would help tackle the terrorist threat at EU level;
Amendment 56 #
2018/2044(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas, in order to allow the Parliament to dedicate sufficient attention and the specific efforts necessary for contributing effectively and responding to the challenges posed by terrorism, a standing parliamentary committee responsible for internal security and terrorism should be set up within the Parliament; whereas the setting up of such a standing parliamentary committee will signal the Parliament’s engagement and understanding of the importance of the issues of internal security, international organised crime and terrorism, which are at the forefront of EU citizens’ concerns; whereas it will also reflect the significance of this issue for the Parliament and will mirror the institutional setup in other EU institutions and bodies, such as the creation of a Security Union Task Force and the appointment of a Commissioner for the Security Union within the Commission, the creation of a European Counter Terrorism Centre (ECTC) within Europol, as well as the existence of a Working Party on Terrorism within the Council;
Amendment 61 #
2018/2044(INI)
Motion for a resolution
Recital G
Recital G
G. whereas of 88 legally binding counter-terrorism measures proposed from September 2001 to summer 2013 only a quarter were subject to impact assessments and only three to public consultation1a; whereas this ratio has improved in recent years and the most recent initiatives presented by the Commission in 2017 and 2018 were accompanied by the necessary justification; whereas with the Agenda on Better Regulation adopted in 2015 the Commission has also strengthened its policy on stakeholder consultation; __________________ 1a Study on The European Union’s Policies on Counter-Terrorism: Relevance, Coherence and Effectiveness, commissioned by the European Parliament’s Policy Department for Citizens' Rights and Constitutional Affairs, PE 583.124, http://www.europarl.europa.eu/RegData/e tudes/STUD/2017/583124/IPOL_STU(201 7)583124_EN.pdf
Amendment 77 #
2018/2044(INI)
Motion for a resolution
Recital J
Recital J
J. whereas in recent years the EU Member States have suffered major terrorist attacks, perpetrated or inspired by jihadist groups such as Daesh or, Al-Qaeda and Hezbollah; whereas far right, far left and ethno- nationalist separatist extremism and state-sponsored terrorism are also matters of concern;
Amendment 78 #
2018/2044(INI)
Motion for a resolution
Recital J
Recital J
J. whereas in recent years the EU Member States have suffered major terrorist attacks, perpetrated or inspired by partly state-sponsored jihadist groups such as Daesh or, Al-Qaeda or Hezbollah; whereas far right, far left and ethno- nationalist separatist extremism are also matters of concern;
Amendment 83 #
2018/2044(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Amendment 84 #
2018/2044(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
J b. whereas most terrorist attacks carried out in the EU in 2017 were specified as separatist attacks (137 out of 205) – albeit causing primarily property damage1a;whereas threats from ethno- nationalist separatist extremism emanate from both within and outside EU territory with the PKK being the most prominent example of the latter; whereas Europol’s TESAT 2018 reports that there are currently no EU-wide terrorist networks stimulated by the extremism phenomena described above1b; __________________ 1a Europol European Union Terrorism Situation and Trend Report 2018, p. 45 1b Europol European Union Terrorism Situation and Trend Report 2018, p. 45 ff.
Amendment 85 #
2018/2044(INI)
Motion for a resolution
Recital J c (new)
Recital J c (new)
J c. whereas Europol’s TESAT 2018 clearly states that none of the reported activities in any terrorist category have been as lethal and have had such an impact on society as a whole as those committed by jihadist terrorists; __________________ 1a Europol European Union Terrorism Situation and Trend Report 2018, p. 4
Amendment 107 #
2018/2044(INI)
Motion for a resolution
Recital M
Recital M
M. whereas Daesh and Al-Qaeda are financially self-reliant and whereas illicit trade in goods, firearms, oil, drugs, cigarettes and cultural objects, among other items, as well as trafficking in human beings, slavery, child exploitation, racketeering and extortion, have become means for terrorist groups to obtain funding; whereas the link between organised crime and terrorist groups constitutes a growing security threat; whereas these sources could enable the continued funding of future criminal activities by Al-Qaeda, as well as by Daesh following its territorial collapse in Syria and Iraq; whereas Hezbollah receives substantial funding from its patron, the Islamic Republic of Iran, and funds itself through donations, including from its supporters in Europe, as well as drug trafficking and other illicit activities;
Amendment 128 #
2018/2044(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the return of foreign terrorist fighters (FTFs) and their families poses particular challenges in terms of security and radicalisation; whereas child returnees pose specific problems as they can be both victims and potential perpetrators, possibly disguised for years or decades, at the same time;
Amendment 160 #
2018/2044(INI)
Motion for a resolution
Recital S a (new)
Recital S a (new)
S a. whereas there is a danger that terrorists abuse and exploit the freedom and rule of law offered by the EU liberal democracies as a hideaway from the autocratic regimes in their home countries where terrorist activity might lead to capital punishment;
Amendment 161 #
2018/2044(INI)
Motion for a resolution
Recital S b (new)
Recital S b (new)
S b. whereas there are documented cases1a where victims of severe crimes perpetrated by Daesh terrorists on Syrian or Iraqi territory have – while considering themselves safe – met again their tormentors on EU soil where both have asked for protection; __________________ 1a https://www.dw.com/de/jesidin-trifft-in- deutschland-auf-is-peiniger/a-45119776
Amendment 163 #
2018/2044(INI)
Motion for a resolution
Recital T
Recital T
T. whereas new forms of terrorism may be used for an attack, among them cyber-terrorism and the use of weapons of mass destruction, possibly in connection with new technical equipment such as drones; whereas there is the precedent of a foiled attack involving the highly toxic biological agent ricin; whereas there are cases where Daesh has used or planned to use chemical, biological, radiological or nuclear (CBRN) materials, and shared via social media channels possible tactics and methods for attacks and targets;
Amendment 167 #
2018/2044(INI)
Motion for a resolution
Recital T a (new)
Recital T a (new)
T a. whereas multiple cases of trafficking of radiological or nuclear material are annually reported to the Incident and Trafficking database of the International Atomic Energy Agency (IAEA), emphasising the latent risk emanating from such substances, particularly with regard to the severity of their potential consequences;
Amendment 176 #
2018/2044(INI)
Motion for a resolution
Recital U
Recital U
U. whereas populism-fuelled political discourse regarding the terrorist threat can lead to polarisation within society, exploited both by left- and right-wing agitators;
Amendment 179 #
2018/2044(INI)
Motion for a resolution
Recital U a (new)
Recital U a (new)
U a. whereas interactions between terrorist organisations and organised crime groups, where the capability to cause mass casualties in the civilian population in EU Member States connects with the logistical capacity to enable it, poses significant risks; whereas there is a low level of law enforcement and intelligence reporting and analysis on the nexus between organised crime and terrorism; whereas there is often a lack of investigative and judicial capacities focused on organised crime in many Member States and on the EU level;
Amendment 201 #
2018/2044(INI)
Motion for a resolution
Recital Z
Recital Z
Z. whereas several European funds and programmes can be used for projects countering and preventing radicalisation; whereas the EU budget up to 2020 allocates EUR 314 million for anti- radicalisation projects1a; whereas there is no continuous evaluation of the effectiveness of those programmes; __________________ 1a Speech by Commissioner Jourová, in charge of Justice, Consumers and Gender Equality, at the Conference on Radicalisation in Prisons, in Brussels, Borschette, 27.2.2018 http://europa.eu/rapid/press- release_SPEECH-18-1221_en.htm
Amendment 203 #
2018/2044(INI)
Motion for a resolution
Recital Z a (new)
Recital Z a (new)
Z a. whereas all immigrants should have the same obligation as all citizens and residents in any EU Member State to accept and live in line with European fundamental rights completely as well as the European “Leitkultur” (way of life); whereas the signing of a written commitment would raise awareness of the importance of active efforts to integrate by everyone who wants to live among us in the EU; whereas a newly developed “European Rights & Values Commitment” should also state that in case of non-respect for our fundamental rights including the violation of our laws return/repatriation is the last but logical consequence which will be done in respect of international law and the principle of non-refoulement;
Amendment 210 #
2018/2044(INI)
Motion for a resolution
Recital AA
Recital AA
AA. whereas it is estimated that there are between 50 000 and 70 000 radicalised jihadists in the EU;1a; __________________ 1a Jean Charles Brisard, Centre d’Analyse du Terrorisme, TERR meeting of 9 April 2018
Amendment 230 #
2018/2044(INI)
Motion for a resolution
Recital AD
Recital AD
AD. whereas throughout Europe significant numbers of cases of radical hate preachers have been documented; whereas the hate preachers often originate from outside the EU, while mosques receive opaque funding from third countries, many of whom are authoritarian and clerical regimes that do not align with the EU’s fundamental values;
Amendment 257 #
2018/2044(INI)
Motion for a resolution
Recital AH
Recital AH
AH. whereas Europol’s Internet Referral Unit (IRU) has made more than 50 000 referrals and on average 87 %1a of the content referred to companies by the IRU has been removed on the basis of voluntary consideration of the compatibility of the referred internet content with their own terms and conditions; __________________ 1a TERR hearing 24 April 2018, testimony by Mr Luigi Soreca, Director for Security, DG Home, European Commission
Amendment 265 #
2018/2044(INI)
Motion for a resolution
Recital AI
Recital AI
AI. whereas although major progress has been made with regard to removal of online terrorist content, there is a need to scale up the companies’ engagement; whereas the removals are often not complete nor timely or permanent, removing the content from one website but leaving it on another belonging to the same company; whereas effective and comprehensive or allowing the account to remain live and/or reappear after it has posted content in violation of a company’s terms of service; whereas effective, comprehensive and transparent reporting by companies has to be improved;
Amendment 277 #
2018/2044(INI)
Motion for a resolution
Recital AJ
Recital AJ
AJ. whereas, in response to larger companies removing more content and doing so at a greater pace, Daesh is increasingly using new and/or smaller platforms which are less suited to fast removal of terrorist material; whereas this diversification to smaller platforms makes additional technical support essential to enable, for example, the introduction of platform-agnostic automated tools, such as the database of hasheshashing technology, which can identify online terrorist content with a high degree of accuracy as well as promulgating EU- wide standards for terms of service to be adopted across companies and by which EU Member States can judge a company’s performance in enforcing such standards;
Amendment 307 #
2018/2044(INI)
Motion for a resolution
Recital AL
Recital AL
AL. whereas retention of data is an essential part of the investigative process; whereas police and, judicial authorities and intelligence services usually rely heavily on communications data to successfully proceed with their casework; whereas in order for interoperability of information systems to reach its full potential, harmonised data retention regimes across the EU are vital; whereas the necessity of an appropriate data retention regime when it comes to the fight against terrorism was consistently raised during the work of the TERR Committee;
Amendment 309 #
2018/2044(INI)
Motion for a resolution
Recital AL a (new)
Recital AL a (new)
AL a. whereas in the absence of any data retention rules the main negative result will be the unavailability of necessary data, because it might not be stored by communication service providers, particularly if the service providers do not require such data for operational and commercial reasons, and/or disclosed to law enforcement authorities upon lawful request; whereas, if data is not available to the authorised bodies and judges at Member State level due to lack of data retention obligations, executing MLA requests as well as multilateral exchange at EU level will also be impossible and cross-border law-enforcement and judicial cooperation as a whole has been and will be adversely affected;
Amendment 316 #
2018/2044(INI)
Motion for a resolution
Recital AM
Recital AM
AM. whereas the use of encryption by terrorists to protect their communications or stored data represents a considerable challenge for law enforcement and intelligence services, denying access to essential intelligence and evidence; whereas encryption becomes particularly critical when even the responsible online service providers are unwilling or unable to decrypt the communication;
Amendment 348 #
2018/2044(INI)
Motion for a resolution
Recital AV a (new)
Recital AV a (new)
AV a. whereas - in the context of the Information Management strategy (IMS), 6th Action list - there are currently two on-going pilot projects which aim at ensuring interlinking with decentralised systems, namely the ADEP project (Automation of data exchange processes on police records) and project QUEST (“Querying Europol Systems”); where-as such projects help provide real and workable solutions to the problems stemming from the lack of interconnectivity of decentralised information systems and help foster trust and cooperation between the Member States;
Amendment 381 #
2018/2044(INI)
Motion for a resolution
Recital BB a (new)
Recital BB a (new)
BB a. whereas intelligence information should be given a special, even higher level of protection over police information because of the different working methods, such as the gathering of confidential information from sources and informants who must be kept anonymous, as well as the different objectives that require more sensitivity;
Amendment 382 #
2018/2044(INI)
Motion for a resolution
Recital BB a (new)
Recital BB a (new)
BB a. whereas in order to guarantee the CTG’s long-term public acceptance and rapprochement towards the EU security structure, there is a need to enhance its public visibility without limiting the privacy needed for effective intelligence cooperation;
Amendment 392 #
2018/2044(INI)
Motion for a resolution
Recital BD
Recital BD
BD. whereas efficient and systematic cooperation between the Member States and the EU agencies as well as among the agencies in the counter-terrorism field is imperative, especially cooperation between Europol and Eurojust in order to effectively detect, prevent, and investigate and prosecute the perpetrators of a terrorist attack; whereas Eurojust has appointed a specialised counter-terrorism prosecutor to make the bridge with the ECTC at Europol to increase cooperation and information exchange between the two agencies;
Amendment 400 #
2018/2044(INI)
Motion for a resolution
Recital BG
Recital BG
BG. whereas several EU instruments such as Decision 2005/671/JHA, the CT Directive and the Europol regulation require Member States to share information on terrorism with the relevant agencies; whereas increased information sharing with Europol and Eurojust on a regular basis and in a timely and systematic manner, including contextual information, facilitates their work in detecting links between cases and providing an overview of challenges and best practice related to investigations, prosecutions and convictions for terrorist offences; whereas information shared with Eurojust has increased over the past years, but differences continue to exist between the Member States in relation to the amount, type and scope of the information shared, which may result in fragmented information available1a; __________________ 1a While only 14 terrorism cases were referred to Eurojust in 2014, the number of cases dealt by Eurojust from 2014-2018 reached 263 with a total of 61 coordination meetings in 75 terrorism cases, 2 coordination centres and 14 cases with JITs supported by Eurojust
Amendment 403 #
2018/2044(INI)
Motion for a resolution
Recital BG a (new)
Recital BG a (new)
BG a. whereas the European Public Prosecutor’s Office, to be established on the basis of Council Regulation (EU) 2017/1339, shall have the important task of investigating and prosecuting criminal offences affecting the financial interests of the Union, its establishment and the allocation of financial resources to this new body should not negatively impact the abilities of existing structures, such as Eurojust, to facilitate the efforts of the Member States in the fight against terrorism;
Amendment 405 #
2018/2044(INI)
Motion for a resolution
Recital BG b (new)
Recital BG b (new)
BG b. whereas CEPOL substantially contributes to CT training for law enforcement officials of the Member States and in priority third countries;
Amendment 410 #
2018/2044(INI)
Motion for a resolution
Recital BJ
Recital BJ
BJ. whereas joint investigation teams (JITs) facilitate the coordination of investigations and prosecutions in cases with a cross-border dimension and allow for real-time exchange of information/evidence; whereas the practical benefits resulting from the use of JITs include improved information exchange, exchange of best practices, enhanced collection of evidence and mutual recognition of the actions carried out by the parties; whereas JITs require appropriate funding to work effectively;
Amendment 415 #
2018/2044(INI)
Motion for a resolution
Recital BK
Recital BK
BK. whereas close cooperation withby online service providers (OSPs) is necessary when it comes to securing and obtaining electronic evidence, given its importance for investigating terrorist offences;
Amendment 454 #
2018/2044(INI)
Motion for a resolution
Recital BS
Recital BS
BS. whereas battlefield evidence is often essential to identify potential foreign terrorist fighters and needs to be included in the relevant databases in order to reach border guards in real time and to be shared with investigators and prosecutors for investigations and prosecutions;
Amendment 499 #
2018/2044(INI)
Motion for a resolution
Recital CB
Recital CB
CB. whereas the Commission Comprehensive Assessment of EU Security Policy and the evaluation study of Directive 2008/114/EC indicate that: the threat to critical infrastructures is likely to continue to rise, that there is a need to enhance preparation and response capabilities and to revise Directive 2008/114/EC, and that there is an interest in targeting transport infrastructures; whereas a better framework is needed to improve rail security and to address the issue of protection of public areas of transport infrastructures, such as airports and, ports and maritime transport, as well as railway stations;
Amendment 514 #
2018/2044(INI)
Motion for a resolution
Recital CH a (new)
Recital CH a (new)
CH a. whereas vehicle rental companies lack the ability to exchange information such as booking or reservation data with law enforcement agencies for the purpose of cross-checks against official watch-lists and police databases;
Amendment 515 #
2018/2044(INI)
Motion for a resolution
Recital CI
Recital CI
CI. whereas in 2015 and 2016, explosives were used in 40 % of the terrorist attacks committed in the EU;1a; __________________ 1a Europol TeSat 2017, p. 10
Amendment 517 #
2018/2044(INI)
Motion for a resolution
Recital CJ
Recital CJ
CJ. whereas the explosive used in most of the attacks was triacetone triperoxide (TATP)1a, a home-made explosive that remains the explosive of choice for terrorists; whereas TATP can be quite easily manufactured using only a few substances; __________________ 1a Europol TeSat 2017, p. 15
Amendment 527 #
2018/2044(INI)
Motion for a resolution
Recital CP
Recital CP
CP. whereas according to Europol’s Te- Sat 2018 report, firearms were used in 41 % of all attacks, a slight increase compared to 2016 (38 %);1a; __________________ 1a Europol TeSat 2018, p. 9
Amendment 558 #
2018/2044(INI)
Motion for a resolution
Recital CX
Recital CX
CX. whereas the EU is cooperating with third countries in the area of counter- terrorism in a variety of ways; whereas a number of EU instruments can be used to finance CT programmes abroad; whereas the EU has deployed a network of CT experts within EU delegations; whereas EU agencies such as Europol, Eurojust and CEPOL are also cooperating with third countries in the area of counter-terrorism, through strategic and operational agreements for example;
Amendment 564 #
2018/2044(INI)
Motion for a resolution
Recital CY
Recital CY
CY. whereas there is an EU sanction system in the area of CT with three types of measures, which is implemented by the EEAS; whereas this system is incomplete and underused owing to procedural constraints and reluctance on the part of the Member States;
Amendment 571 #
2018/2044(INI)
Motion for a resolution
Recital CZ
Recital CZ
CZ. whereas in the 20-year period 1998- 2018, some 6more than 65200 people were direct victims of terrorism across Europe, with 713 murdered and 5 939 injuredthe EU, with around 700 murdered; whereas there is a lack of harmonised figures on the exact amount of victims; whereas prior to 20014 most victims of terrorism were mainly attributable to the IRA and ETA. while since then the vast majority were as a result of Islamist terrorism;
Amendment 592 #
2018/2044(INI)
Motion for a resolution
Recital DE a (new)
Recital DE a (new)
DE a. whereas Eurojust has been facilitating the execution of MLA requests for coordinating and granting assistance in the exercise of rights of victims of terrorism, considering the different rights and roles of foreign victims in their national legal systems;
Amendment 599 #
2018/2044(INI)
Motion for a resolution
Recital DF
Recital DF
DF. whereas the Union is founded on the values of human dignity, freedom, equality and solidarity, respect for human rights and fundamental freedoms, as well as on the principles of democracy and the rule of law; whereas acts of terrorism constitute the most serious violation of these universal values and principles; whereas there are religious practices throughout the EU that fundamentally oppose EU values;
Amendment 602 #
2018/2044(INI)
Motion for a resolution
Recital DF a (new)
Recital DF a (new)
DF a. whereas all measures in the fight against terrorism should as little as possible affect the innocent and uninvolved general population; whereas it is crucial that CT investigations adhere to high standards of professionalism with all applied measures being targeted and proportionate;
Amendment 605 #
2018/2044(INI)
Motion for a resolution
Recital DG
Recital DG
DG. whereas the EU should do the utmost possible to guarantee the physical and psychological integrity of its citizens who are endangered by terrorists; whereas the rights of victims of terrorism should play a more prominent role in the public discourse but particularly when it comes to asserting those rights; whereas Article 6 of the Charter of Fundamental Rights enshrines both the right to liberty and the right to security, which complement each other;
Amendment 608 #
2018/2044(INI)
Motion for a resolution
Recital DG a (new)
Recital DG a (new)
DG a. whereas law enforcement and judicial personnel are at the forefront in CT-operations; whereas there are multiple documented cases where police and judicial officials and their families were particularly targeted and threatened by violent extremists, partly culminating into violent physical attacks right up to homicides; whereas political and public support towards law enforcement and judicial personnel who safeguard fundamental rights in CT investigations by risking life and limb, is of utmost importance;
Amendment 640 #
2018/2044(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that, at this stage, the EU and the Member States should improve cooperation through existing European agencies, specialised EU services and Member States’ security and justice institutions;
Amendment 654 #
2018/2044(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls for the setting up within the European Parliament of a standing parliamentary committee responsible for matters relating to internal security and terrorism and dealing with particularly sensitive information;
Amendment 664 #
2018/2044(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on Member States and the Commission to further strengthen and support the ATLAS network of civilian anti-terror special operation units of the EU Member States;
Amendment 679 #
2018/2044(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to monitor all foreign terrorist fighters; calls for an effective and appropriate follow-up of the threat posed by returnees, and for this purpose invites Member States to share contextual information about returnees via Europol and intelligence assessments on that topic with EU INTCEN; calls on the Commission to assist Member States in the establishment of aligned classification systems in order to distinguish between high, medium and low-risk returnees;
Amendment 688 #
2018/2044(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recommends to the Member States that they start building appropriate structures to respond to child returnees, and in particular the development of expertise, including that of experienced professionals, in the areas of trauma, extremism, child development, education and risk assessment and tailored to the local and national context, as well as clear legal and organisational structures for dealing with this phenomenon; encourages Member States to cooperate with the ICRC as they possess particular access and expertise in this field;
Amendment 691 #
2018/2044(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. recommends to Member States to clarify the asylum status or entitlement to subsidiary protection already outside the EU borders in well-equipped EU- controlled reception centres in order to minimize the risk of persons who pose a threat to public security entering European soil; if the establishment of reception centres is not possible outside the EU, they shall be build close to EU external borders on European soil;
Amendment 693 #
2018/2044(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to present a legislative proposal that precludes convicted terrorist offenders as well as persons where there is clear evidence that they pose a severe threat to public security from applying for asylum or other forms of international protection throughout the European Union;
Amendment 702 #
2018/2044(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on Member States and the Commission to establish regional – if applicable cross-border – stockpiling centres to ensure comprehensive availability of medical countermeasures including vaccines following the dual-use principle, and to use the Joint Procurement Mechanism to avoid parallel uncoordinated efforts;
Amendment 703 #
2018/2044(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls on Member States to create or strengthen specialised laboratories; asks the Commission and Parliament to fund and support relevant cross-border research activities;
Amendment 706 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Urges the Commission and the Member States to set common standards for vetting procedures at vulnerable institutions such as nuclear power plants or specialised laboratories;
Amendment 708 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Encourages Member States to make more use of technical detection systems of CBRN substances particularly at large-scale public events and calls on the Commission and the European Parliament to make further European funding available for comprehensive acquisitions of such systems;
Amendment 709 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9 c. Welcomes the approval of a regulation on civil aviation safety and the mandate of the European Aviation Safety Agency (EASA) and repealing Regulation (EC) No 216/2008; calls on the Commission to take into account security aspects for forthcoming delegated and implementing rules on drones and drones operations, including regularly updated risk assessments; mandatory registration, electronic identification and geofencing in all drones categories; and mandatory security licenses and trainings for operators of security and inspection missions;
Amendment 711 #
2018/2044(INI)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9 d. Notes the increased cyber threat and underlines the importance to step up cyber security efforts also in the CT field;
Amendment 727 #
2018/2044(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Calls on the Member States to ensure that victims of sexual and other severe violence perpetrated by Daesh terrorists outside of the EU are safe and without fear in the EU; calls on Member States to bring such cases to court, even if the crimes have been committed outside of the EU and involve the victims as valuable witnesses in the court proceedings;
Amendment 769 #
2018/2044(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls for compulsory integration agreements for migrants to testify their active efforts to integrate by officially signing a newly developed „European Rights & Values Commitment“ to accept and live in line with European fundamental rights completely as well as to European “Leitkultur” (way of life); emphasises that in case of non-respect for our fundamental rights including the violation of our laws return/repatriation is the last but logical consequence which will be done in respect of international law and the principle of non-refoulement;
Amendment 770 #
2018/2044(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on Eurojust to continue its work in monitoring the jurisprudence in Member States as regards radicalisation leading to terrorism, including the use of alternatives to prosecution and detention, and to report regularly in its Terrorism Conviction Monitor (TCM); to this end, calls on the Member States to transmit to Eurojust all relevant information on prosecutions and convictions for terrorist offences which affect or may affect two or more Member States;
Amendment 779 #
2018/2044(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to encourage and tolerate only ‘practices of Islam’ that are in full accordance with EU values; calls upon the Member States to make transparent the foreign funding of mosques and schools and to ban funding from third countries that oppose the EU’s fundamental values of democracy, pluralism, tolerance, and equality between men and women; welcomes the initiatives by moderate Muslim religious communities throughout Europe to counter the dangerous narratives from within their communities
Amendment 805 #
2018/2044(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to increase the offer of higher education opportunities for chaplains in the EU under transparent scrutiny, with only accrediting theological education programmes integrating EU valuesprofessorships whose incumbents fully respect EU values such as religious freedom, gender equality and the rule of secular law and revoking teaching permissions in case of misdemeanour; invites the Commission and the Member States to develop and fund a network of European religious scholars that can spread - and testify to - practices of Islam that are compliant withpromote EU values;
Amendment 821 #
2018/2044(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Suggests the creation of a European Islamic Institute and Research Centre where scholars could conduct research on compatibilities between elements of practice of the Muslim religion and European values, andthat clearly respects the European Charter of Fundamental Rights and the legal framework of the Union, which could be called on to constitute a trusted advisory board for EU institutions and Member States;
Amendment 840 #
2018/2044(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Member States to examine how to ensure that places of worship, education, charities, cultural associations and similar entities provide details regarding the provenance of their funds and their distribution, both within and outside the EU, and how data concerning these entities, where there exists suspicion or reasonable grounds to suspect links with terrorist groups, could be recorded in a centralised database, set up with all the appropriate guarantees; calls on Member States to ban funding from third countries that oppose the EU’s fundamental values of democracy, pluralism, tolerance, and equality between men and women;
Amendment 866 #
2018/2044(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Highlights that Member States have to ensure that all educational institutions provide education in accordance with the European Convention on Human Rights, through checks on curricula, regular inspections and sanctions for non- compliance and that religious zealots must not get access to schools;
Amendment 892 #
2018/2044(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the need to achieve automatic, fast and full removal of terrorist content; requests the Commission to present a legislative proposal obliging companies to remove terrorist content fully within one hour and to introduce clear reporting and case-by-case preserving obligations on the incidence of terrorist content and removal rates, as well as sanctions for non-compliance;
Amendment 909 #
2018/2044(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the creation of an online European platform that citizens can use in order to flag terrorist and extremist content online; and asks companies to increase their capabilities to receive, review, and respond to flagged content;
Amendment 921 #
2018/2044(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for involvement of social media and audiovisual companies, including public broadcasters, in developing and disseminating effective counter-narratives, also with the inclusion of victims and to ensure that search engines place counter-narratives prominently;
Amendment 944 #
2018/2044(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29 a. Encourages the Member States to take stock of trainings developed with the use of EU funds by European Confederation for Probation (CEP), EuroPris and the European Prison Training Academy (EPTA);
Amendment 947 #
2018/2044(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29 b. Urges the Member States to guarantee safety, physical and psychological integrity of staff in prisons, to provide them with regular psychological counselling so that they do not become radicalised themselves and to develop and update official protocols of how to deal with radicalised prisoners;
Amendment 961 #
2018/2044(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Calls on the Commission to promote best practices on risk assessment methodologies of radicalised inmates developed by different Member States; calls on Member States to obligatorily assess radicalised inmates prior to their release and to develop effective post- release parole requirements for those likely to threaten public security such as daily reporting obligations to law enforcement and social authorities as well as prohibitions to utilise mobile phones or to contact certain people; calls on Member States to ensure that breaches of such obligations immediately terminate probation; reiterates that persons that have proven to be threats to public security and that have been convicted before must accept restrictions in their civil rights to protect the general population;
Amendment 978 #
2018/2044(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Deplores the insufficient character of the security research being conducted, and calls for a specific programme on security research to be established in the next MFF; calls for a more proactive definition of the needs (i.e. strengthening ENLETS which is defining technological needs for law enforcement); calls to support pilot projects an artificial intelligence and blockchain (remittances); calls for active involvement of the EU agencies such as Europol, CEPOL and EBCGA in EU security research projects; calls on the Member States to regularly organise foresight exercises looking into future threat scenarios; supports the continued funding by the Commission of the establishment of modernised databases and the provision of up-to-date technical equipment and training of staff, and calls for a more ambitious approach in this respect;
Amendment 988 #
2018/2044(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Urges Member States to adopt the approach of ‘information sharing by default’ when it comes to sharing CT- related information with other Member States and relevant EU agencies and bodies, thus exchanging such information as a rule, and refraining from such exchange only in specific cases where circumstances require that it be withheld;
Amendment 1003 #
2018/2044(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Regrets the current existence of 28 different legal regimes for data retention, which is counter-productive for cooperation and information exchange; urges the Commission to put forward a legislative proposal on data retention, in line with the requirements stemming from the case-law of the Court of Justice of the European Union, while taking into account the neednotes the need to find a balance between security and data protection concerns in data retention legislation considering the imminent threat situation; urges the Commission to put forward a legislative proposal on data retention, taking into account the needs of the competent authorities and the specificities of the CT field as well as the jurisdiction of the CJEU by i.a. addressing new forms of communication such as over-the-top (OTT) messaging, establishing strong safeguards on the storing of data by the service providers as well as ofn the competent authorities and the specificities of the CT field; access side to data for criminal investigations, pseudonymisation opportunities, determining data categories that are particularly relevant for effectively combating terrorism and serious crime, providing for specifically trained and supervised staff dealing with data access or introducing periodic threat- assessments as a basis for retention periods;
Amendment 1016 #
2018/2044(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39 a. Calls on the co-legislators to ensure that intelligence services continue to have legitimate access to SIS under the reformed legal regime to avoid new security and information exchange gaps;
Amendment 1031 #
2018/2044(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Calls on Member States to ensure access to VIS for law enforcement authorities as well as intelligence services involved in CT operations and for a simplified procedure for such access;
Amendment 1078 #
2018/2044(INI)
Motion for a resolution
Paragraph 51 a (new)
Paragraph 51 a (new)
51 a. Stresses the need for continuous training to ensure the knowledge sharing and awareness of the necessary requirements in terms of system usage and the steps necessary to ensure the quality of the data-input.
Amendment 1110 #
2018/2044(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Calls on the Member States to examine the possibility of better coordination and cooperation between intelligence and law enforcement services at EU level by increasingly sending intelligence experts in addition to law enforcement staff to the meetings of the Counter-Terrorism Joint Liaison Team (CTJLT) at Europol, which could serve as a blueprint for further cooperation between law enforcement and intelligence; calls on the Commission to increase support to the CTJLT, including special funding;
Amendment 1113 #
2018/2044(INI)
Motion for a resolution
Paragraph 56 a (new)
Paragraph 56 a (new)
56 a. Calls for the establishment of a CTG-“Envoy”, who can serve as a public representative in the relations between the CTG and the relevant EU institutions and bodies;
Amendment 1114 #
2018/2044(INI)
Motion for a resolution
Paragraph 56 b (new)
Paragraph 56 b (new)
56 b. Asks Member States to schedule regular exchange meetings between judges and representatives from the intelligence/law enforcement community to share knowledge about situational, investigatory or technical developments in the counter terrorism field, enabling the judiciary to receive the full picture relevant for their jurisdiction and further training; suggests to the CJEU to schedule such a meeting on a regular basis with the heads of the EU Members States’ CT police forces;
Amendment 1164 #
2018/2044(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Calls for the creation of a comprehensive case-management system at Eurojust for all CT-related matters, comparable toin order to fulfil its tasks at judicial level in close cooperation with ECTC at Europol;
Amendment 1176 #
2018/2044(INI)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67 b. Stresses the need for increased funding to CEPOL and to step up the development and delivery of innovative cyber related training;
Amendment 1181 #
2018/2044(INI)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Calls on Member States to make full use of the expertise and tools offered by Eurojust and the European Judicial Network (EJN), in particular in providing practical and legal information and support when it comes to MLA requests and assistance with mutual recognition requests, coordination of investigations and prosecutions, decisions on best placed jurisdiction to prosecute, or coordination of asset seizures and confiscations;
Amendment 1191 #
2018/2044(INI)
Motion for a resolution
Paragraph 71 a (new)
Paragraph 71 a (new)
71 a. Calls on the Commission to examine the possibility of a legislative proposal that obliges service providers present on the EU market to cooperate for example by installing an adjusted version of an application on the devices of terror suspects, which enables designated authorities to access encrypted communication;
Amendment 1196 #
2018/2044(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls for the swift adoption before the end of the current Parliament of the Commission proposals for a regulation and directive aimed at improving cross-border access to electronic evidence; requests online service providers (OSPs) to provide single points of contact for law enforcement/judiciary requests;
Amendment 1198 #
2018/2044(INI)
Motion for a resolution
Paragraph 72 a (new)
Paragraph 72 a (new)
72 a. Calls on the Member States to ensure that any legal or political evaluation, check, procedure or lawsuit provides intelligence information with a special degree of protection and to ensure that the protection of confidentiality and integrity of sources of intelligence and officials is maintained in order not to endanger the work and the security of sources, informants and employees of the intelligence services;
Amendment 1238 #
2018/2044(INI)
Motion for a resolution
Paragraph 79 a (new)
Paragraph 79 a (new)
79 a. Calls on the Commission to swiftly ensure that EBCGA reaches a standing corps of around 10,000 border guards1a; __________________ 1a http://europa.eu/rapid/press- release_MEMO-18-3621_en.htm
Amendment 1257 #
2018/2044(INI)
Motion for a resolution
Paragraph 85
Paragraph 85
85. Calls on the Member States, FrontexEBCGA and Europol to establish a European Targeting Centre within Frontex that constitutes a joint venture with the national authorities and Europol; believes this centre should assist with the advance identification of travellers who pose a threat to the security of the EU and should function as a ‘round-the-clock’ service for national border guards when there are doubts regarding certain individuals; recommends the use of sophisticated software to increase the effectiveness of targeting and cooperation with international partners in this area;
Amendment 1263 #
2018/2044(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Welcomes Europol’s participation in the law enforcement cell of the US-led Operation Gallant Phoenix (OGP) in Jordan, whereby it processes information obtained from the battlefield and exchanges it through established channels and procedures with Member States’ law enforcement authorities via the Europol National Units; calls for full access of Europol at OGP;
Amendment 1267 #
2018/2044(INI)
Motion for a resolution
Paragraph 87
Paragraph 87
87. Encourages all relevant actors to enter battlefielddevelop approaches allowing to transmit and share battlefield information with necessary safeguards such as source protection and to enter this information, systematically and without delay, in the relevant databases so as to enable the immediate identification of foreign terrorist fighters when they try to cross the external borders; as well as to share this information for investigations and prosecutions;
Amendment 1312 #
2018/2044(INI)
Motion for a resolution
Paragraph 95
Paragraph 95
Amendment 1313 #
2018/2044(INI)
Motion for a resolution
Paragraph 96
Paragraph 96
Amendment 1315 #
2018/2044(INI)
Motion for a resolution
Paragraph 96 a (new)
Paragraph 96 a (new)
96 a. Calls on the European Commission to propose legislation for a robust tracing system for artworks and antiques entering the EU market, especially for items originating from conflict-affected and high-risk countries as listed by the Commission, as well as from organisations, groups or individuals included in the EU terror list; believes that this initiative should be supported by the creation of a standardised permit, without which trading of these items would be illicit, by the creation of a passport for the export of each item; believes that digital tools allowing to check the authenticity of the documents should be developed; notes that a comprehensive register of antiquities for sale should be systematically held up to date by art dealers;
Amendment 1317 #
2018/2044(INI)
Motion for a resolution
Paragraph 96 b (new)
Paragraph 96 b (new)
96 b. Calls on the Member States to make it mandatory for companies involved in art dealing to declare all suspicious transactions, and to make the owners of companies dealing in art and antiques who become involved in the trafficking of such goods subject to effective, proportionate and dissuasive penalties, including criminal penalties where necessary;
Amendment 1318 #
2018/2044(INI)
Motion for a resolution
Paragraph 96 c (new)
Paragraph 96 c (new)
96 c. Calls on the Member States to cooperate more with Europol AP FURTUM and, as requested by UNSC 2347, to provide customs and law enforcement with dedicated personnel, as well as public prosecutors, with effective tools and adequate training through cooperation with the WCO and INTERPOL
Amendment 1320 #
2018/2044(INI)
Motion for a resolution
Paragraph 97
Paragraph 97
97. Calls on the Commission to develop, together with Member States and international partners, ways of better monitoring financial flows and identifying users of electronic wallets and prepaid cards, crowdfunding platforms and online and mobile payment systems in relevant investigations; calls for a focus on virtual currencies and fintech and calls to explore the possibility to extend sanctions also to crowdfunding on social media for terrorist purposes;
Amendment 1329 #
2018/2044(INI)
Motion for a resolution
Paragraph 98
Paragraph 98
98. CIs concerned about recent findings on increased activities of large-scale money laundering as a source for terrorism financing1a through some banking institutions in the Eurozone; calls for the establishment of a European Union Terrorist Financing Tracking System (TFTS) for transactions by individuals with links to terrorism and its financing made within the Single Euro Payments Area, which would be complementary to the Terrorist Financing Tracking Program (TFTP) in the US; __________________ 1a http://www.europarl.europa.eu/RegData/e tudes/IDAN/2018/614496/IPOL_IDA(201 8)614496_EN.pdf
Amendment 1345 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99 a. Calls for the swift adoption of the draft directive on access by law enforcement authorities to financial information and exchange of information between FIUs;
Amendment 1366 #
2018/2044(INI)
Motion for a resolution
Paragraph 107 a (new)
Paragraph 107 a (new)
107 a. Calls on the Commission to propose a European Certification Initiative for private security companies, aiming to specify requirements and conditions under which private security companies shall be able to operate within Critical Infrastructure environment;
Amendment 1377 #
2018/2044(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
110. Believes that a system must be set up for car rental agencies to check the identity of clients against police databases, showing only a red or green flagwithout granting them any kind of access;
Amendment 1427 #
2018/2044(INI)
Motion for a resolution
Paragraph 124
Paragraph 124
124. Calls for the simplification of the EU restrictive measures system, inter alia by revisiting 'partial' designations in order to make it an effective tool in the area of CT; notes that designations of groups or individuals in the restrictive measures system shall never be influenced by political considerations;
Amendment 1497 #
2018/2044(INI)
Motion for a resolution
Paragraph 136
Paragraph 136
136. Calls for the Member States and the EU institutions, when adopting and applying CT measures, to find the right balance between the different fundamental rights involved; considers in this respect that, while privacy is a fundamental right, the first priority should lie in protecting people’s fundamental rights to life and security, which necessitates robust mandates for all public bodies involved in the fight against terrorism as well as a high degree of public support for these authorities;
Amendment 1504 #
2018/2044(INI)
Motion for a resolution
Paragraph 136 a (new)
Paragraph 136 a (new)
136 a. Calls on the Member States to resource their public bodies involved in CT operations with all technical, financial, educational and legal means necessary to protect themselves against violent extremists in fulfilling their duties;
Amendment 1511 #
2018/2044(INI)
Motion for a resolution
Paragraph 137 a (new)
Paragraph 137 a (new)
137 a. Calls on the Member States to strictly stop by all legal means available any religious or political practice that constraints fundamental rights, leads to oppression, incites to sexual violence and other serious violent crime or promotes extremism as such practices are not covered by religious freedom or freedom of opinion; expects Member States to adopt unequivocal legal frameworks that preclude judges from granting “cultural rebates” when dealing with serious acts of violence and even torture and murder;
Amendment 1516 #
2018/2044(INI)
Motion for a resolution
Paragraph 139
Paragraph 139
139. Calls on the Member States to ensure that the necessary data protection safeguards are in place, including appropriate technical and organisational measures to protect the security and confidentiality of personal data; urges the Member States to provide clear rules as to who can access which data in the systems, to maintain records of consultation and disclosure, and to provide for rights of access, rectification, erasure and restriction, as well as rights to compensation and judicial redress; calls on the Commission and the EDPS to further develop innovative privacy by design solutions;
Amendment 3 #
2018/2034(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Commission’s white paper COM(2012) 55 “An Agenda for Adequate, Safe and Sustainable Pensions”,
Amendment 33 #
2018/2034(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the total employment rate for the euro area in 2017 was 71.0⁰ %, while the employment rate for women was 65.4 %; whereas the target for the European Union under the Europe 2020 Strategy is reaching 75% employment rates, with a particular focus on women and older people;
Amendment 40 #
2018/2034(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the segmentation by age and gender exemplified by the figures, employment rates of 55-64 year-olds being 57% in 2017 in the EU, 10 points below the total employment rate, with a gender gap of 13 points, while it is 10 points for the total working-age population; whereas demographics predict a rising number of older workers;
Amendment 46 #
2018/2034(INI)
Motion for a resolution
Recital I
Recital I
I. whereas in the euro area the long- term unemployment rate is decreasing (from 5 % in 2016 to 4.4 % in 2017), but whereas it still accounts for 48.5 % of total unemployment, which is unacceptably high; whereas the Europe 2020 target of reducing the risk of poverty and social exclusion by 20 million relative to the 2008 benchmark falls significantly short; whereas while material deprivation rates are reducing, but monetary at-risk of poverty rates are increasing;
Amendment 51 #
2018/2034(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas pension adequacy is still a challenge, as the risk of social exclusion is increasing with age and the gender pension gap of 37% still poses a challenge to many older women, increasing their risk of poverty and social exclusion; whereas the pension entitlements of persons in non-standard and self- employment are lower than for employees;
Amendment 55 #
2018/2034(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. Whereas the access to social services, such as childcare, healthcare and long-term care services or mobility have a significant impact on the adequacy of income, in particular for people with low incomes or relying on social protection;
Amendment 103 #
2018/2034(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for national strategies and EU-level coordination to fight ageism in labour markets as a response to an increasing number of older workers in the EU workforce, including awareness- raising on the directive establishing a general framework for equal treatment in employment and occupation 2000/78/EC, an alignment of occupational health and safety regulations with the aims of sustainable employment, taking into account new and emerging occupational risks, giving access to life-long learning opportunities, focussing on 40-50+ workers to strengthen the professional qualification and digital skills. Calls for improved policies supporting the reconciliation of work and family life by initially the measures of the proposed directive on Work Life Balance;
Amendment 111 #
2018/2034(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States to take full advantage of the positive economic outlook and pursue labour market reforms fostering reliable labour contracts and tackling bogus self-employment and promoting adequate social protection for all types of contracts; calls on the Member States to adopt and implement the proposed Council Recommendation on Access to Social Protection and to encourage people in non-standard employment to enrol in mandatory and voluntary social protection schemes;
Amendment 121 #
2018/2034(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to ensure the long-term sustainability of pension systems that do not overburden the younger generation, and to reduce the risk of poverty in old age; notes with concern that in some Member States the gender pension gap, as well as the rate of early retirement, remains high; welcomes the Commission recommendation put forward in the 2018 Pension Adequacy Report to increase the attention paid to the adequacy of minimum pensions; encourages the Commission to pursue this recommendation in the next European Semester cycle; calls as well for providing more analysis on the situation of the ‘oldest old’ in several Member States, whose pension entitlements have decreased over time due to inflation;
Amendment 124 #
2018/2034(INI)
Motion for a resolution
Paragraph 10 – subparagraph 1 (new)
Paragraph 10 – subparagraph 1 (new)
Believes that the provision of care services within the family should not negatively impact the social or pension benefits; Calls in this context for a national mechanism to ensure that the accumulation of pension rights is sufficient;
Amendment 142 #
2018/2034(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to undertake the necessary reforms to increase the accessibility, quality and cost- effectiveness of their healthcare systems; calls for a renewed European target to significantly increase the number of healthy life years by making prevention a priority in EU health policies, as well as curative measures; calls for the reduction of out-of-pocket payments to access health care, as this discourages people with low resources to access health care and reinforces health inequalities; calls for the active pursuit of health promotion campaigns;
Amendment 148 #
2018/2034(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for a European strategy for quality and accessibility of long-term care systems, pursuing a rights- and community-based approach to long-term care and support; calls for significant investments into long-term care services to prepare the projected increased needs in the light of demographic change; recognises that the long-term care sector offers inadequate working conditions and calls for a revaluation of care work and working conditions in care services as a means to ensure quality of long-term care;
Amendment 150 #
2018/2034(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out the need for well- designed policies for a better work-life balance, including flexible working arrangements, take-up of advantageous familypaid maternity, paternity, parental and carers leave and adequate investment in affordable, quality child- and long-term care; sees, in this regard, the swift adoption of the directive on work-life balance for parents and carers as a necessary step towards improved work-life balance; further calls for a European initiative on the social protection and services for informal carers;
Amendment 186 #
2018/0330(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) The Member States and the Agency shall define areas at the common external Schengen borders in which they operate on a uniform shared competence in order to be able to intervene immediately and maintain order security, especially in cases of acute risks of increasing migration movements
Amendment 304 #
2018/0330(COD)
Proposal for a regulation
Recital 61
Recital 61
(61) To overcome the persistent gaps in the voluntary pooling of technical equipment from Member States, in particular as regards large-scale assets, the Agency should have its own necessary equipment to be deployed in joint operations or rapid border interventions or any other operational activities. These assets should be enabled to allow the exercise powers of enforcement as being on the government service of the Member State of the registration, in accordance with the international law1a, in particular when they operate on the high seas. While the Agency has been legally able to acquire or lease its own technical equipment since 2011, this possibility was significantly hindered by the lack of budgetary resources. _________________ 1a see Article 224 “Exercise of powers of enforcement” of United Nations Convention on the Law of the Sea (UNCLOS) and Article 8 “Measures against the smuggling of migrants by sea” and 9(4) of the Protocol against the smuggling of migrants by land, sea and air […]).
Amendment 365 #
2018/0330(COD)
Proposal for a regulation
Recital 98
Recital 98
(98) Any processing of personal data by the Agency within the framework of this Regulation should be conducted in accordance with Regulation (EC) No 45/2001U) 2018/1725, including the processing of operational personal data, pursuant to the Chapter IX of Regulation (EU) 2018/1725.
Amendment 380 #
2018/0330(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Regulation addresses migratory challenges, including return, and potential future threats at those borders, and the pre- frontier area thereby contributing to addressing serious crime with a cross- border dimension, to ensure a high level of internal security within the Union in full respect for fundamental rights, while safeguarding the free movement of persons within it.
Amendment 472 #
2018/0330(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
(2) The Agency shall provide technical and operational assistance in the implementation of measures relating to the enforcement of return decisions, in agreement with the Member States concerned. Member States shall retain the responsibility for issuing return decisions and the measures pertaining to the detention of returnees in accordance with Directive 2008/115/EC.
Amendment 483 #
2018/0330(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
(5 a) The Member States and the Agency shall define areas at the common external Schengen borders in which the respective Member State, in which the defined area is located, and the Agency operate on an equally shared competence in order to be able to intervene immediately and maintain order security, especially in cases of acute risks of increasing migration movements. Experiences of former migration movements, risk assessments and expertise of the Commission shall be taken into account when defining the areas of shared responsibility.
Amendment 521 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph -1 (new)
Article 10 – paragraph -1 (new)
-1 The Agency shall support the implementation of the European Integrated Border Management with a view to: (a) migration management and the fight against illegal immigration; (b) internal security within the Union in relation to the prevention and detection of cross-border crime and terrorism; (c) facilitation of the movement of bona fide (legitimate) travellers.
Amendment 597 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 32 a (new)
Article 10 – paragraph 1 – point 32 a (new)
32 a. assist Member States in the prevention and detection of cross-border crime, such as migrant smuggling, trafficking in human beings and terrorism at the external borders and at the pre- frontier area.
Amendment 598 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 32 b (new)
Article 10 – paragraph 1 – point 32 b (new)
32 b. assist Member States in the facilitation of the crossing of the external borders by bona fide (legitimate) travellers.
Amendment 717 #
2018/0330(COD)
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. The report of the liaison officer shall form part of the vulnerability assessment as referred to in Article 33. The report shall be transmitted to the Member State concerned.
Amendment 724 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Agency shall monitor and assess the availability of the technical equipment, systems, capabilities, resources, infrastructure, adequately skilled and trained staff of Member States necessary for border control as defined in Article 3(1)(a). In thise context of border control, the Agency shall assess the capability development plans referred to in Article 67 (4) as regards their feasibility and implementation. For future planning it shall do so as a preventive measure on the basis of a risk analysis prepared in accordance with Article 30 (2). The Agency shall carry out such monitoring and assessment at least once a year, unless the executive director, based on risk assessments or a previous vulnerability assessment, decides otherwise.
Amendment 758 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 9 – subparagraph 2
Article 33 – paragraph 9 – subparagraph 2
In case of a risk of delay in the implementation of a recommendation by a Member State within the set time-limit, the Executive Director shall immediately inform the member of the Management Board from the Member State concerned and the Commission and enquire with the relevant authorities of that Member State on the reasons for the delay and offer support by the Agency to facilitate the implementation of the measure.
Amendment 823 #
2018/0330(COD)
Proposal for a regulation
Article 39 – paragraph 3 – point j
Article 39 – paragraph 3 – point j
(j) regarding sea operations, specific information on the application of the relevant jurisdiction and legislation in the geographical area where the joint operation takes place, including references to national, international and Union law regarding interception, rescue at sea and, disembarkation and the powers of enforcement, in accordance with Article 63(5), where applicable. In that regard the operational plan shall be established in accordance with Regulation (EU) No 656/2014;
Amendment 985 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point a
Article 49 – paragraph 1 – point a
(a) provide technical and operational assistance to Member States in the return of third country nationals, including providing assistance in the preparation of return decisions, the identification of third country nationals and other pre-return and return-related activities of the Member States, including voluntary departures, to achieve an integrated system of return management among competent authorities of the Member States, with the participation of relevant authorities of third countries and other relevant stakeholders;
Amendment 989 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point b
Article 49 – paragraph 1 – point b
(b) provide technical and operational assistance to Member States experiencing challenges with regard to return or migratory pressure, including by deploying migration management support teams;
Amendment 994 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point c
Article 49 – paragraph 1 – point c
(c) develop a non-binding reference model for a return case management system prescribing the structure of national return management systems, as well as provide technical and operational assistance to Member States in developing national return management systems alignedcompatible with the model;
Amendment 997 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 1 – point d
Article 49 – paragraph 1 – point d
(d) develop and operate a central system and a communication infrastructure betweenallowing for communication of the national return management systems of the Member States andwith the central system, as well as provide technical and operational assistance to Member States in connecting to the communication structure;
Amendment 1011 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 2 – point c
Article 49 – paragraph 2 – point c
(c) advice on and technical and operational assistance in the implementation and management of return procedures in compliance with Directive 2008/115/EC, including providing assistance in the preparation of return decisions, in identification and in the acquisition of travel documents;
Amendment 1014 #
2018/0330(COD)
Proposal for a regulation
Article 49 – paragraph 2 – point d
Article 49 – paragraph 2 – point d
(d) advice on and assistance in measures necessary to ensure the availability of returnees for return purposes ands well as to preventing returnees from absconding, in accordance with Directive 2008/115/EC and international law;
Amendment 1030 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Without entering into the merits of return decisions, the Agency shall provide technical and operational assistance and ensure the coordination or the organisation of return operations, including through the chartering of aircraft for the purpose of such operations or organising returns on scheduled flights. The Agency may, on its own initiative coordinate or organise return operations in accordance with Article 7(2).
Amendment 1036 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Member States shall on a monthly basisby use of the system referred to in Article 50(1) provide operational data on return necessary for the assessment of return needs by the Agency and inform the Agency of their indicative planning of the number of returnees and of the third countries of return, both with respect to relevant national return operations, and of their needs for assistance or coordination by the Agency. The Agency shall draw up and maintain a rolling operational plan to provide the requesting Member States with the necessary operational assistance and reinforcements, including through technical equipment. The Agency may, on its own initiative in accordance with Article 7(2) or at the request of a Member State, include in the rolling operational plan the dates and destinations of return operations it considers necessary, based on a needs assessment. The management board shall decide, on a proposal of the executive director, on the modus operandi of the rolling operational plan.
Amendment 1039 #
2018/0330(COD)
Proposal for a regulation
Article 51 – paragraph 3
Article 51 – paragraph 3
3. The Agency may provide technical and operational assistance and, either at the request of the participating Member States or on its own initiative, in accordance with Article 7(2), may also ensure the coordination or the organisation of return operations for which the means of transport and forced-return escorts are provided by a third country of return (‘collecting return operations’). The participating Member States and the Agency shall ensure that the respect for fundamental rights, the principle of non-refoulement, and the proportionate use of means of constraints are guaranteed during the entire return operation. At least one Member State representative, and one forced-return monitor from the pool established under Article 52 or from the national monitoring system of the participating Member State, shall be present throughout the entire return operation until arrival at the third country of return.
Amendment 1066 #
2018/0330(COD)
Proposal for a regulation
Article 53 – paragraph 1
Article 53 – paragraph 1
1. The Agency may deploy return teams either at the request of a Member State or on its own initiative in accordance with Article 47(4), during return interventions, in the framework of migration management teams or as necessary to provide additional technical and operational assistance in the area of return, including where such challenges are linked to large inward mixed migratory flows or taking in third-country nationals rescued at sea.
Amendment 1072 #
2018/0330(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. In circumstances where a Member State is facing a burden when implementing the obligation to return third- country nationals who are the subject of return decisions issued by a Member State, the Agency shall, either on its own initiative in accordance with Article 47(4) or upon request of that Member State, provide the appropriate technical and operational assistance in the form of a return intervention. Such intervention may consist of the deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State.
Amendment 1082 #
2018/0330(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. In circumstances where a Member State is facing specific and disproportionate challenges when implementing its obligation to return third- country nationals who are the subject of return decisions, the Agency shall, either on its own initiative in accordance with Article 47(4) or upon the request of that Member State, provide the appropriate technical and operational assistance in the form of a rapid return intervention. A rapid return intervention may consist in the rapid deployment of return teams to the host Member State providing assistance in the implementation of return procedures and the organisation of return operations from the host Member State.
Amendment 1149 #
2018/0330(COD)
Proposal for a regulation
Article 62 – paragraph 2
Article 62 – paragraph 2
2. The Agency shall ensure that all the staff members recruited to act as operational staff of the European Border and Coast Guard standing corps have received adequate training in relevant Union and international law, including on fundamental rights, access to international protection and, where appropriate, search and rescue, prior to their initial deployment in operational activities organised by the Agency. For that purpose, the Agency shall, based on agreements with selected Member States, implement the necessary training programmes in their national academies. The cost of training shall be entirely covered by the Agency.
Amendment 1161 #
2018/0330(COD)
Proposal for a regulation
Article 62 a (new)
Article 62 a (new)
Amendment 1164 #
2018/0330(COD)
Proposal for a regulation
Article 63 – paragraph 5
Article 63 – paragraph 5
5. On the basis of a model agreement drawn up by the Agency and approved by the management board, the Member State of registration and the Agency shall agree on terms ensuring the operability of the equipment. In addition to that, regarding major technical equipment such as aircraft, helicopters or vessels, the Member State of registration shall authorise this equipment as being on government service, and to exercise its powers of enforcement in accordance with national, international and Union law. In the case of co-owned assets, the terms shall also cover the periods of full availability of the assets for the Agency and determine the use of the equipment, including specific provisions on rapid deployment during rapid border interventions.
Amendment 1189 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 1
Article 69 – paragraph 1 – subparagraph 1
The Agency shall cooperate with Union institutions, bodies, offices and agencies, and international organisations, within their respective legal frameworks and make use of existing information, capabilities and systems available in the framework of EUROSUR.
Amendment 1191 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 1 – subparagraph 1 a (new)
Article 69 – paragraph 1 – subparagraph 1 a (new)
Amendment 1207 #
2018/0330(COD)
Proposal for a regulation
Article 69 – paragraph 2
Article 69 – paragraph 2
2. Cooperation referred to in paragraph 1 and 1a shall take place within the framework of working arrangements concluded with the entities referred to in paragraphs 1 and 1a. Such arrangements shall have received the Commission's prior approvalFor entities referred to in paragraph 1a, such arrangements shall be concluded after consultation with the Commission. In every case, the Agency shall inform the European Parliament of any such arrangements.
Amendment 1263 #
2018/0330(COD)
Proposal for a regulation
Article 77 – title
Article 77 – title
Role of the Commission and the European External Action Service with regard to cooperation with third countries
Amendment 1273 #
2018/0330(COD)
Proposal for a regulation
Article 77 – paragraph 6
Article 77 – paragraph 6
6. Before any working arrangements with third parties or third countries are concluded, the Agency shall notify them to the Commission, which shall give its prior approval. Once working arrangements are concluded, the Agency shall notify them to the Commission, which shall inform the European Parliament and the Council thereof.
Amendment 1275 #
2018/0330(COD)
Proposal for a regulation
Article 77 – paragraph 7 a (new)
Article 77 – paragraph 7 a (new)
7 a. The Commission, the External Action Service and the Agency shall regularly exchange information on the developments and actions within the remit of this Regulation, with an aim to ensure coherence between EU’s external action policy and operational engagement with third countries, and to promote coherent standards for the implementation of IBM in the external dimension.
Amendment 1305 #
2018/0330(COD)
Proposal for a regulation
Article 83 – paragraph 1
Article 83 – paragraph 1
1. Members of the teams deployed from the European Border and Coast Guard standing corps shall have the capacity to perform all tasks and exercise all powers for border control and return as well as those which are necessary for the realisation of the objectives of Regulation (EU) 2016/399, Regulation (EU) 656/2014 and Directive 2008/115/EC.
Amendment 1335 #
2018/0330(COD)
Proposal for a regulation
Article 87 – paragraph 1
Article 87 – paragraph 1
1. The Agency shall apply [Regulation (ECU) No 45/2001]2018/1725 when processing personal data. In particular, the processing of personal data for the purpose of exchanges with law enforcement authorities or for risk analysis shall be governed by Chapter IX of Regulation (EU) 2018/1725.
Amendment 1338 #
2018/0330(COD)
Proposal for a regulation
Article 87 – paragraph 2
Article 87 – paragraph 2
2. The management board shall take the necessary administrativeimplementing measures to apply[ Regulation (ECU) No 45/2001]2018/1725 by the Agency, including thoseas well as implementing measures concerning the data protection officer of the Agency, in particular with a view to his or her tasks, duties and powers.
Amendment 1348 #
2018/0330(COD)
Proposal for a regulation
Article 87 a (new)
Article 87 a (new)
Article 87 a Sources of personal data and ownership of data 1. The Agency may process operational personal data obtained from: a. Member States; b. staff of the Agency; c. European Border and Coast Guard standing corps; d. other Union bodies, agencies and offices in particular those listed in Article 69(1); e. third countries or international organisations; f. open sources. 2. The party providing the personal data retains the ownership of that data as well as the responsibilities related to data accuracy. When personal data is provided by the sources listed in Article 87a (1)(b), (e) and (f) the responsibility lies, in principle, with the Agency.
Amendment 1349 #
2018/0330(COD)
Proposal for a regulation
Article 88 – title
Article 88 – title
Amendment 1352 #
2018/0330(COD)
Proposal for a regulation
Article 88 – paragraph 1 – point a
Article 88 – paragraph 1 – point a
(a) performing its tasks of organising and coordinatingrelated to joint operations, pilot projects, rapid border interventions and in the framework of the migration management support teams in accordance with Articles 37 and following;
Amendment 1360 #
2018/0330(COD)
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
Amendment 1365 #
2018/0330(COD)
Proposal for a regulation
Article 88 – paragraph 3
Article 88 – paragraph 3
Amendment 1367 #
2018/0330(COD)
Proposal for a regulation
Article 88 a (new)
Article 88 a (new)
Article 88 a Determination of the purpose of processing personal data and restrictions 1. A Member State or other Union agency providing personal data to the Agency shall determine the purpose or the purposes for which those data shall be processed as referred to in Article 88(1). The Agency may process such personal data for a different purpose which also falls under Article 88(1) only if authorised by the provider of the personal data. 2. Member States and other Union agencies may indicate, at the moment of transmitting personal data, any restrictions on access to those data or use of them, in general or specific terms, including as regards their transfer, erasure or destruction. Where the need for such restrictions becomes apparent after the transfer of personal data, they shall inform the Agency accordingly. The Agency shall comply with such restrictions. 3. In duly justified cases, the Agency through the implementing measures adopted in accordance with Article 87(2) may assign restrictions of use by Member States, Union bodies, third countries and international organisations of information retrieved from open sources.
Amendment 1368 #
2018/0330(COD)
Proposal for a regulation
Article 88 b (new)
Article 88 b (new)
Amendment 1370 #
2018/0330(COD)
Proposal for a regulation
Article 89 – title
Article 89 – title
Amendment 1371 #
2018/0330(COD)
Proposal for a regulation
Article 89 – paragraph 1 – introductory part
Article 89 – paragraph 1 – introductory part
1. The Agency shall only process the following categories of operational personal data collected and or transmitted to it by the Member States, by its staff, by members of European Border and Coast Guard standing corps or by EASO, Europol or Eurojust in the context of joint operations, pilot projects and rapid border interventions, and by migration management support teams:
Amendment 1373 #
2018/0330(COD)
Proposal for a regulation
Article 89 – paragraph 1 – point a
Article 89 – paragraph 1 – point a
(a) personal data of persons who are suspected, on reasonable grounds, by the competent authorities of the Member States and, a member of the staff of the Agency, a member of the European Border and Coast Guard standing corps, and by EASO, Europol or Eurojust, of involvement in cross-border crime, such as migrant smuggling, trafficking in human beings or terrorism;
Amendment 1376 #
2018/0330(COD)
Proposal for a regulation
Article 89 – paragraph 2 – introductory part
Article 89 – paragraph 2 – introductory part
2. PFor the personal data referred to in paragraph 1 may be processed by the Agency in the following cases: point b, the data provider shall, as much as possible, determine whether the data subject is, in addition, a witness or a victim of illegal immigrant smuggling or trafficking in human beings. In addition, the Agency shall consider specific measures for protection of personal data when it refers to children, in the context of the implementing measures referred to Article 87(2).
Amendment 1377 #
2018/0330(COD)
Proposal for a regulation
Article 89 – paragraph 2 – point a
Article 89 – paragraph 2 – point a
Amendment 1380 #
2018/0330(COD)
Proposal for a regulation
Article 89 – paragraph 2 – point b
Article 89 – paragraph 2 – point b
Amendment 1382 #
2018/0330(COD)
Proposal for a regulation
Article 89 – paragraph 2 – point c
Article 89 – paragraph 2 – point c
Amendment 1385 #
2018/0330(COD)
Proposal for a regulation
Article 89 – paragraph 2 – point d
Article 89 – paragraph 2 – point d
Amendment 1386 #
2018/0330(COD)
Proposal for a regulation
Article 89 – paragraph 2 – point e
Article 89 – paragraph 2 – point e
Amendment 1389 #
2018/0330(COD)
Proposal for a regulation
Article 89 – paragraph 3
Article 89 – paragraph 3
Amendment 1394 #
2018/0330(COD)
Proposal for a regulation
Article 90
Article 90
Amendment 1405 #
2018/0330(COD)
Proposal for a regulation
Article 90 a (new)
Article 90 a (new)
Article 90 a Data retention and logging 1. Operational personal data processed for the purposes of transmission to Member States or Union Agencies shall be deleted as soon as they have been transmitted and not later than 90 days thereafter. 2. Relevant operational personal data processed for the purposes of risk analysis shall be stored for a period of 3 years, after which it shall be deleted. 3. Operational personal data processed for the purpose of returns shall be kept for as long as it is necessary for the performance of the return-related task, not exceeding a period of three years. 4. The logs shall be only made accessible to the European Data Protection Supervisor upon request and to the data protection officer for the purpose of ensuring compliance with data protection provisions. The implementing measures adopted in accordance with Article 87(2) shall include provisions on the content and purposes of the logs.
Amendment 164 #
2018/0329(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Where there are no reasons to believe that the granting of a period for voluntary departure would undermine the purpose of a return procedure, voluntary return should be preferred over forced return and an appropriate period for voluntary departure of up to thirty days, depending in particular on the prospect of return, should be granted. A period for voluntary departure should not be granted whereMember States should ensure that those third-country nationals in respect of whom it has been assessed that third- country nationalsey pose a risk of absconding, who have had a previous application for legal stay dismissed as fraudulent or manifestly unfounded, or theywho pose a risk to public policy, public security or national security in particular on grounds of terrorism or serious crime, are not granted a period for voluntary departure. An extension of the period for voluntary departure should be provided for when considered necessary because of the specific circumstances of an individual case.
Amendment 175 #
2018/0329(COD)
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Member States should ensure that persons facing return procedures do not intentionally and fraudulently exploit factors that might be considered as potentially increasing their vulnerability.
Amendment 181 #
2018/0329(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The deadline for lodging an appeal against decisions related to return should provide enough time to ensure access to an effective remedy, while taking into account that long deadlines can have a detrimental effect on return procedures. To avoid possible misuse of rights and procedures, a maximum period not exceeding fiveten days should be granted to appeal against a return decision. This provision should only apply following a decision rejecting an application for international protection which became final, including after a possible judicial review.
Amendment 192 #
2018/0329(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An appeal against a return decision should have an automatic suspensive effect only in cases where there is a risk of breach of the principle of non-refoulement or where there is clear evidence for exceptional personal circumstances such as severe impairments to health.
Amendment 223 #
2018/0329(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Detention should be imposed, following an individual assessment of each case, where there is a risk of absconding, where the third-country national avoids or hampers the preparation of return or the removal process, or when the third country national concerned poses a risk to public policy, public security or national security, especially if belonging to terrorist or serious crime networks. This should also apply to minors between the age of 16 and 18, who have repeatedly committed criminal offences, thereby proving their unwillingness to abide by the law.
Amendment 231 #
2018/0329(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Given that maximum detention periods in some Member States are not sufficient to ensure the implementation of return, a maximum period of detention between three and sixtwelve months, which may be prolonged, should be established in order to provide for sufficient time to complete the return procedures successfully, without prejudice to the established safeguards ensuring that detention is only applied when necessary and proportionate and for as long as removal arrangements are in progress.
Amendment 238 #
2018/0329(COD)
Proposal for a directive
Recital 30
Recital 30
(30) This Directive should not precludeencourages Member States fromto laying down effective, proportionate and dissuasive penalties and criminal penalties, including imprisonment, in relation to the infringements of migration rules, especially with regard to convicted terrorists, organised crime offenders and offenders of severe crimes such as rape, provided that such penalties are compatible with the objectives of this Directive, do not compromise the application of this Directive and are in full respect of fundamental rights.
Amendment 251 #
2018/0329(COD)
Proposal for a directive
Recital 33
Recital 33
(33) To ensure effective return in the context of the border procedure, a period for voluntary departure should not be granted. However, a period for voluntary departure shouldmay be granted to third- country nationals who hold a valid travel document and cooperate fully with the competent authorities of the Member States at all stages of the return procedures. In such cases, to prevent absconding, third- country nationals should hand over the travel document to the competent authority until their departure.
Amendment 270 #
2018/0329(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Establishing return management systems in Member States contributes to the efficiency of the return process. Each national system should provide timely information on the identity and legal situation of the third country national that are relevant for monitoring and following up on individual cases. To operate efficiently and in order to significantly reduce the administrative burden, such national return systems should be linked to the Schengen Information System to facilitate and speed up the entering of return-related information, as well as to the central system established by the European Border and Coast Guard Agency in accordance with Regulation (EU) …/… [EBCG Regulation] as well as other relevant central information systems.
Amendment 296 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point b
Article 3 – paragraph 1 – point 3 – point b
Amendment 300 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c
Article 3 – paragraph 1 – point 3 – point c
(c) anothery third country, toin which the third-country national concerned voluntarily decides to return and in which he or she will be acceptedwill be accepted and where there is no risk of breaching the principle of non-refoulement;
Amendment 362 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – point p a (new)
Article 6 – paragraph 1 – point p a (new)
(pa) risk to public policy, public security or national security.
Amendment 371 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when one of the objective criteria referred to in points (m), (n), (o), (p) and (p a) of paragraph 1 is fulfilled.
Amendment 426 #
2018/0329(COD)
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1
Article 8 – paragraph 6 – subparagraph 1
Member States shall issue a return decision immediately after the adoption of a decision ending a legal stay of a third- country national, including a decision not granting a third-country national refugee status or subsidiary protection status in accordance with Regulation (EU) …/… [Qualification Regulation] in order to guarantee smooth procedures, which are also in the best interest of the returnees.
Amendment 460 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point c – subparagraph 1 (new)
Article 9 – paragraph 4 – point c – subparagraph 1 (new)
This should particularly apply to third- country nationals who have committed offences in several Member States or offences related to terrorism or serious crime.
Amendment 463 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – point c b (new)
Article 9 – paragraph 4 – point c b (new)
(cb) Where the third-country nationals has been convicted for benefit fraud by using multiple identities.
Amendment 468 #
2018/0329(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall take all necessary measures to enforce the return decision if no period for voluntary departure has been granted in accordance with Article 9(4) or if the obligation to return has not been complied with within the period for voluntary departure granted in accordance with Article 9. Priority shall be given to those third country nationals having been convicted for severe and repeated criminal offences, in particular terrorism. Those measures shall include all measures necessary to confirm the identity of illegally staying third-country nationals who do not hold a valid travel document and to obtain such a document.
Amendment 531 #
2018/0329(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3 a (new)
Article 14 – paragraph 3 – subparagraph 3 a (new)
The assistance referred to in this paragraph shall as a rule not be granted to third-country nationals who already benefitted from reintegration assistance provided by a Member State once.
Amendment 640 #
2018/0329(COD)
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Return decisions issued in returnIn the context of procedures carried out in accordance with paragraph 1 of this Article shall be given by means of a standard form as set out under national legislation, in accordance with Article 15(3), Member States shall issue: (a) either a return decisions given by means of a standard form as set out in the annex, or (b) a refusal of entry in accordance with Article14 of Regulation 2016/399; paragraphs 4 to 7 shall not apply in this case. Member States shall issue one of the decisions referred to in this paragraph as soon as possible, where possible under national law together with the decision rejecting an application for international protection taken by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 57 #
2018/0206(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The continuing high level of youth unemployment in Europe is deplorable, and many Member States still need to take urgent action in this area, including Greece, where the youth unemployment rate is roughly 40%. The objective of reducing youth unemployment must continue to be given priority in the country-specific recommendations.
Amendment 89 #
2018/0206(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The ESF+ should provide support to improving the quality, effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards digital skills which all individuals need for personal fulfilment and development, employment, social inclusion and active citizenship. The ESF+ should help progression within education and training and transition to work, support lifelong learning and employability, and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields. This could be achieved for example through work-based learning and apprenticeships, focusing in particular on the proven dual system combining teaching and work experience, lifelong guidance, skills anticipation in cooperation with industry, up-to-date training materials, forecasting and graduate tracking, training of educators, validation of learning outcomes and recognition of qualifications.
Amendment 94 #
2018/0206(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) In future the allocation of ESF+ funding to Member States should be made contingent on provision of proof of effective involvement in projects to introduce or enhance, in the context of the Youth Guarantee, the dual system combining teaching and work experience.
Amendment 128 #
2018/0206(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The ESF+ should contribute to the reduction of poverty by supporting national schemes aiming to alleviate food and material deprivation and promote social integration of people at risk of poverty or social exclusion and the most deprived. With a view that at Union level at least 4 % of the resources of the ESF+ strand under shared management supports the most deprived, Member States should allocate at least 2 % of their national resources of the ESF+ strand under shared management to address the forms of extreme poverty with the greatest social exclusion impact, such as homelessness, child poverty, old-age poverty and food deprivation. Due to the nature of the operations and the type of end recipients, it is necessary that simpler rules apply to support which addresses material deprivation of the most deprived.
Amendment 129 #
2018/0206(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Old-age poverty is a European and a predominantly female problem. In 2014, the gender gap in pensions, which may be defined as the gap between the average pre-tax income received as a pension by women and that received by men, stood at 39.4% in the 65-and-over age group, and has increased in half of the Member States in the past five years. The financial and economic crisis which has affected Europe in recent years has had a negative impact on many women’s incomes and in the long term on average is having a greater impact on women’s incomes than men’s. In some Member States between 11 and 36% of women have no pension entitlements whatsoever.
Amendment 145 #
2018/0206(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The ESF+ should support policy and system reforms in the fields of employment, social inclusion, healthcare and long-term care, and education and training. In order to strengthen alignment with the European Semester, Member States should allocate an appropriate amount of their resources of the ESF+ strand under shared management to implement relevant country-specific recommendations relating to structural challenges which it is appropriate to address through multiannual investments falling within the scope of the ESF+. The Commission and the Member States should ensure coherence, coordination and complementarity between the shared- management and Health strands of ESF+ and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument, and that the sustainable development objectives set in the European Pillar of Social Rights are met. In particular, the Commission and the Member State should ensure, in all stages of the process, effective coordination in order to safeguard the consistency, coherence, complementarity and synergy among sources of funding, including technical assistance thereof.
Amendment 156 #
2018/0206(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure that the social dimension of Europe as set out in the European Pillar of Social Rights is duly put forward and that a minimum amount of resources is targeting those most in need Member States should allocate at least 25 % of their national ESF+ resources of the ESF+ strand under shared management to fostering social inclusion and combating old-age poverty effectively.
Amendment 169 #
2018/0206(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The proven Austrian model of a dual system combining teaching and work experience is an effective way of combating youth unemployment. Member States should, therefore, introduce the dual system which is established as the leading model in the EU.
Amendment 171 #
2018/0206(COD)
Proposal for a regulation
Recital 23 b (new)
Recital 23 b (new)
(23b) EURES must be strengthened on a long-term basis, in particular through the comprehensive development of the internet platform and the active involvement of the Member States. Member States should use the existing model more effectively and publish details of all vacant jobs in the EURES system.
Amendment 213 #
2018/0206(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Lack of access to finance for microenterprises, social economy and social enterprises is one of the main obstacles to business creation, especially among people furthest from the labour market. Appropriate funding is available, for example through the European Fund for Regional Development and the European Programme for Social Change and Innovation. In that connection, it is important to make effective use of the budget, and access to EU funding must be made easier. The ESF+ Regulation lays down provisions in order to create a market eco- system to increase the supply of and access to finance for social enterprises as well as to meet demand from those who need it most, and in particular the unemployed, women and vulnerable people who wishin order to start up or develop a microenterprise. This objective will also be addressed through financial instruments and budgetary guarantee under the social investment and skills policy window of the InvestEU Fund.
Amendment 216 #
2018/0206(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) The Commission should introduce at Union level a ‘European Social Economy Label’ for social and solidarity- based enterprises, based on clear criteria designed to highlight the specific characteristics of these enterprises and their social impact, increase their visibility, create incentives for investment and facilitate access to funding and to the single market for those willing to expand nationally or into other Member States, in a manner consistent with the different legal forms and frameworks in the sector and in the Member States.
Amendment 219 #
2018/0206(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) With a view to supporting EU initiatives designed to bring EU citizens and the European Union closer together, a second measure should be funded alongside the Interrail ticket for young people: the ‘99 Euro Europe Ticket’ for air, rail or bus travel, which any citizen can use to travel cheaply from any place in Europe in order to visit the EU institutions (European Commission, European Parliament, Council) in Brussels, their country’s permanent representation and the European Parliament in Strasbourg. Predetermined proof of attendance at an information event must be provided.
Amendment 289 #
2018/0206(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
The ESF+ shall support, complement and add value to the policies of the Member States to ensure equal opportunities, access to the labour market, particularly for young people, and to help men and women aged over 40 to find employment again and acquire the skills for it, fair working conditions, social protection and inclusion, and a high level of human health protection.
Amendment 328 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iii
Article 4 – paragraph 1 – point iii
iii) promoting women’s labour market participation, particularly in the case of women aged over 40, and promoting a return to the labour market for older people, a better work/life balance including access to childcare, a healthy and well– adapted working environment addressing health risks, adaptation of workers, enterprises and entrepreneurs to change, and active and healthy ageing;
Amendment 342 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point v
Article 4 – paragraph 1 – point v
v) promoting equal access to and completion of, quality and inclusive education and training, particularly the introduction of dual-training systems, in particular for disadvantaged groups, from early childhood education and care through general and vocational education and training, and to tertiary level, as well as adult education and learning, including facilitating learning mobility for all;
Amendment 358 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point viii
Article 4 – paragraph 1 – point viii
Amendment 519 #
2018/0206(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The resources referred to in Article 7(4) shall be programmed under a dedicated priority or programme. The maximum co- financing rate for this priority or programme may be increased to no more than 85 % for these ESF+ allocations of the actions under Article 7(4).
Amendment 586 #
2018/0206(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
This Chapter applies to ESF+ support under points (x) and (xi) of Article 4(1).
Amendment 765 #
2018/0206(COD)
Proposal for a regulation
Annex II – title
Annex II – title
Common indicators for ESF+ support for promoting social integration for the most deprived people Output indicators (1) Total number of people who receive help towards social inclusion. Of which: (a) number of children aged 15 or younger; (b) number of persons aged 65 or older; (c) number of women (d) number of migrants, participants with foreign backgrounds; minorities (including marginalised communities such as Roma) (e) number of people with disabilities (f) number of homeless people
Amendment 125 #
2018/0191(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Programme should encourage youth participation in Europe's democratic life, including by supporting participation projects for young people to engage and learn to participate in civic society, raising awareness about European common values including fundamental rights, bringing together young people and decision makers at local, national and Union level, as well as contributing to the European integration process. One specific aim of the programme should be to encourage young people to think critically about and familiarise themselves with the European institutions.
Amendment 127 #
2018/0191(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The Programme should offer young people more opportunities to discover Europe through learning experiences abroad. It should be able to show that it enables young people to familiarise themselves with and think critically about the European institutions. Eighteen year olds, in particular those with fewer opportunities, should be given the chance to have a first-time, short- term individual or group experience travelling throughout Europe in the frame of an informal educational activity aimed at fostering their sense of belonging to the European Union and discovering its cultural diversity. Places on the DiscoverEU Programme should be allocated to young people throughout Europe in a geographically balanced way. The Programme should identify bodies in charge of reaching out and selecting the participants and support activities to foster the learning dimension of the experience.
Amendment 131 #
2018/0191(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The Programme should have a clear educational objective. It should offer young people access to the European institutions and also enhance the learning of languages, in particular through widened use of online tools, as e-learning offers additional advantages for language learning in terms of access and flexibility.
Amendment 138 #
2018/0191(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) In the context of DiscoverEU, the Programme should pursue a clear educational objective, focusing on imparting knowledge in the area of European education policy. It should do more to draw attention to Union projects. It should include a mandatory visit to the European institutions.
Amendment 139 #
2018/0191(COD)
Proposal for a regulation
Recital 24 b (new)
Recital 24 b (new)
(24b) DiscoverEU must offer all young people in Europe the same opportunities and impose the same requirements on them. The Commission must ensure that places are awarded in a geographically balanced way. After the trip, the participants' personal experiences must be recorded, scrutinised and assessed on the basis of measurable criteria, in order to determine the European added value.
Amendment 195 #
2018/0191(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
(25) 'people with fewer opportunities' means people facing obstacles that prevent them from having effective access to opportunities under the Programme fwho need additional support due to the fact that they are at a disadvantage compared to their peers because of various obstacles, for example disability, age, health problems, educational difficulties, socio-economic status, cultural differences or economic, social, cultural, or geographical or health reasons, a migrant background or for reasons such as disability abstacles, including people from a marginalised community, a migrant background or at risk of facing discrimination based on any of the grounds educational difficultiesnshrined in Article 21 of the Charter of Fundamental Rights of the European Union;
Amendment 218 #
2018/0191(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) the mobility of adult education learners and staff;
Amendment 236 #
2018/0191(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(da) intergenerational exchange activities between youth and older persons.
Amendment 242 #
2018/0191(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point c a (new)
Article 10 – paragraph 1 – point c a (new)
(ca) structured dialogue with young people and structured intergenerational dialogue;
Amendment 110 #
2018/0153(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation is without prejudice to the tasks of immigration liaison officers within the framework of their responsibilities under Union and national law, poliresponsibility of Member State authorities, the Commission and the Union Agencies for procedures or under special agreements concluded with the host country or international organisationdefining the scope and assignment of tasks and reporting of their respective immigration liaison officers.
Amendment 112 #
2018/0153(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
1. 'immigration liaison officer’ means a liaison officer designated and deployed abroad by competent authorities of one of the Member States or the Commission or the Union Agencies, as referred to in their respective legal basis, and dealing with immigration-related issues, also when only a part of their duties. An immigration liaison officer can be:
Amendment 149 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point k a (new)
Article 3 – paragraph 2 – point k a (new)
(k a) the integrated European border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein.
Amendment 157 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 4 – point c a (new)
Article 3 – paragraph 4 – point c a (new)
(c a) preventing and detecting illegal immigration as well as fighting smuggling of migrants and trafficking in human beings by sharing information obtained in the course of their duties within networks of immigration liaison officers and with competent authorities of the Member States, including law enforcement authorities.
Amendment 160 #
2018/0153(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Immigration liaison officers shall carry out their tasks within the framework of their responsibilities determined by the deploying authorities and in compliance with the provisions, including those on the protection of personal data, laid down in Union and national laws and in any agreements or arrangements concluded with third countries or international organisations.
Amendment 171 #
2018/0153(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Immigration liaison officers deployed by the Commission shall coordinatefacilitate the coordination and support the networks provided for in paragraph 1. In locations where the Commission does not deploy immigration liaison officers, the coordination ofimmigration liaison officers deployed by the Union Agencies shall facilitate and support the networks provided for in paragraph 1. In locations where neither the Commission nor the Union Agencies deploy immigration liaison officers the network shall be carried outfacilitated by an immigration liaison officer, as agreed by members of the network.
Amendment 181 #
2018/0153(COD)
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Considering the priorities of the Union in the area of immigration and within the scope of the tasks of immigration liaison officers as defined in this Regulation, the Steering Board shall carry out the following activities based on a comprehensive situational picture and analyses provided by the relevant Union Agencies:
Amendment 193 #
2018/0153(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Immigration liaison officers and members of the Steering Board shall ensure that all relevant information and statistics are uploaded and exchanged via the secure web-based information exchange platform set up and maintained by the Commission in agreement with the Steering Board. The platform shall be maintained by the Commission. The facilitator of the network as referred to in Article 5(2) shall ensure that all relevant information and statistics are uploaded and exchanged via the secure web-based information exchange platform. Utmost care has to be taken when exchanging operational law enforcement information of a strictly confidential nature. That information shall include at least the following elements:
Amendment 207 #
2018/0153(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point c a (new)
Article 10 – paragraph 3 – point c a (new)
(c a) biometric or biographic data as well as other data necessary for establishing the identity of the individual and necessary for preventing and countering smuggling of migrants and trafficking in human beings, as well as personal data related to criminal networks’ modi operandi, means of transports used, involvement of intermediaries and financial flows. Such data may be processed for the sole purpose of execution of task referred to under Article 3(4)(d).
Amendment 49 #
2018/0064(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a European Labour AuthoritMobility Agency (text with relevance for the EEA and for Switzerland) (This amendment applies throughout the text; its adoption will necessitate linguistic adjustments throughout.)
Amendment 261 #
2018/0064(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The Authority shall assist Member States and the Commission in matters relating to cross-border labour mobility and the coordination of social security systems within the Union.
Amendment 305 #
2018/0064(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) support cooperation between Member States in the cross-border enforcement of relevant Union law, including facilitating joint inspections;
Amendment 351 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
Amendment 378 #
2018/0064(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) facilitateassist cooperation between relevant stakeholders in the event of cross- border labour market disruptions, in accordance with Article 14.
Amendment 404 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) provide relevant information on the rights and obligations of individuals in cross-border labour mobility situations in all EU official languages;
Amendment 414 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) provide relevant information to employers and employees on labour rules, and the living and working conditions applicable to workers in cross-border labour mobility situations, including posted workers, in all EU official languages;
Amendment 425 #
2018/0064(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) support Member States in complying with the obligations on the dissemination of and access to information relating to the free movement of workers as laid down in Article 6 of Directive 2014/54/EU, and to the posting of workers as laid down in Article 5 of Directive 2014/67/EU, for example by providing translation services to supply the information in all official languages of the European Union;
Amendment 467 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
The Authority shall facilitate exchanges of information and cooperation between Member States and support their effective compliance with cooperation obligations, including on information exchange, as defined in Union law within the scope of the Authority’s competences.
Amendment 481 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b
Article 8 – paragraph 1 – subparagraph 2 – point b
(b) facilitateassist the follow-up to requests and information exchanges between national authorities by providing logistical and technical support, including translation and interpretation services, and through exchanges on the status of cases;
Amendment 496 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point d
Article 8 – paragraph 1 – subparagraph 2 – point d
(d) facilitatesupport cross-border enforcement procedures of penalties and fines;
Amendment 527 #
2018/0064(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Authority shall encourageassist the use of innovative approaches to effective and efficient cross-border cooperation, and explore the potential use of electronic exchange mechanisms between the Member States to facilitate the detection of fraud, providing reports to the Commission with a view to their further development.
Amendment 536 #
2018/0064(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 539 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 556 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 567 #
2018/0064(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 577 #
2018/0064(COD)
Proposal for a regulation
Article 10
Article 10
Arrangements for concerted and joint 1. inspection ('the joint inspection agreement') between the participating Member States and the Authority shall set out the conditions for carrying out such an exercise. The joint inspection agreement may include provisions which enable joint inspections, once agreed and planned, to take place at short notice. The Authority shall establish a model agreement. 2. Concerted and joint inspections and their follow-up shall be carried out in accordance with the national law of the Member States concerned. 3. logistical and technical support, which may include translation and interpretation services, to Member States carrying out concerted or joint inspections. 4. participate in a concerted or joint inspection with the prior agreement of the Member State on whose territory they will be providing their assistance to the inspection. 5. National authorities carrying out a concerted or joint inspection shall report back to the Authority on the outcomes within their respective Member States and on the overall operational running of the concerted or joint inspection. 6. joint inspections shall be included in quarterly reports to be submitted to the Management Board. A yearly report on the inspections supported by the Authority shall be included in the Authority's annual activity report. 7. the course of concerted or joint inspections, or in the course of any of its activities, becomes aware of suspected irregularities in the application of Union law, including beyond the scope of its competences, it shall report those suspected irregularities to the Commission and authorities in the Member State concerned, where appropriate.ticle 10 deleted inspections An agreement for setting up a joint The Authority shall provide Staff of the Authority may Information on concerted and In the event that the Authority, in
Amendment 581 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 593 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 605 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 613 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 625 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 634 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
Amendment 641 #
2018/0064(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
Amendment 667 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 670 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 673 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 674 #
2018/0064(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
Amendment 773 #
2018/0064(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Authority shall establish cooperation arrangements with other decentralised Union agencies where appropriate.
Amendment 803 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The Management Board shall be composed of one senior representative from each Member State, six representatives of the social partners and two representatives of the Commission, all of whom have voting rights.
Amendment 812 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1
Article 18 – paragraph 3 – subparagraph 1
Members of the Management Board representing their Member States and their alternates shall be appointed by their respective Member States in light of their knowledge in the fields referred to in Article 1(2), taking into account relevant managerial, administrative and budgetary skills. The members representing the social partners shall equally represent trade unions and employers’ organisations.
Amendment 821 #
2018/0064(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 3
Article 18 – paragraph 3 – subparagraph 3
The Member States, the social partners and the Commission shall make efforts to limit the turnover of their representatives on the Management Board in order to ensure continuity of the Board's work. All parties shall aim to achieve balanced representation between men and women on the Management Board.
Amendment 896 #
2018/0064(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Stakeholder Group shall be composed of six representatives of Union- level social partners equally representing trade unions and employer’s organisations, and twoelve representatives of the Commission.
Amendment 57 #
2018/0061(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) A short-term residence permit such as a visa is not an appropriate asylum instrument; article 25 of Regulation (EC) No 810/2009 clearly states already that if a Member State considers it necessary to issue visas on humanitarian grounds, for reasons of national interest or because of international obligations, they have the competence to do so.
Amendment 58 #
2018/0061(COD)
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) The precise definition of a distinction between legal and illegal migration is the basis of a well- functioning common European asylum policy.
Amendment 106 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 810/2009
Article 5 – paragraph 1b
Article 5 – paragraph 1b
(b) if the visit includes more than one destination, or if several separate visits are to be carried out within a period of two months, the Member State whose territory constitutes the main destination of the visit(s) in terms of the length of stay, counted in days; or;, or the Member State where the host organisation or employer is based; or; (This amendment applies throughout the text.)
Amendment 140 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Regulation (EC) No 810/2009
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Applicants shall pay a visa fee of EUR 890.
Amendment 152 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
(b) Applicants which form part of a group travelling for artistic, sports or educational purposes shall pay a visa fee of EUR 60.
Amendment 177 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point c
Article 1 – paragraph 1 – point 14 – point c
Regulation (EC) No 810/2009
Article 1 – paragraph 1 – point 14 – point c
Article 1 – paragraph 1 – point 14 – point c
8. During the examination of an application, consulates may in justified cases carry out an interview with the applicant and request additional documents.; Member States can use modern means of communication to interview applicants. (This amendments applies throughout the text)
Amendment 199 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point c
Article 1 – paragraph 1 – point 17 – point c
Regulation (EC) No 810/2009
Article 24 – paragraph 2 c
Article 24 – paragraph 2 c
2c. Without prejudice to paragraph 2, a multiple entry visa valid for up to five years may be issued to applicants who prove the need or justify their intention to travel frequently and/or regularly, such as educational, sports and culture professionals, provided that they prove their integrity and reliability, in particular the lawful use of previous visas, their economic situation in the country of origin and their genuine intention to leave the territory of the Member States before the expiry of the visa for which they have applied. (This amendment applies throughout the text.)
Amendment 211 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 2
Article 25 a – paragraph 2
2. The Commission shall regularly, at least once a year, assess third countries' cooperation with regard to readmission, taking account, in particular, of the following indicators:
Amendment 213 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph c a (new)
Article 25 a – paragraph c a (new)
(ca) the level of practical cooperation in the area of return cooperation in the different stages of the return procedure, such as: (i) assistance provided in the identification of persons illegally staying on the territory of the Member States and in the timely issuance of travel documents; (ii) acceptance of the EU travel document or laissez-passer; (iii) acceptance of charter flights; (iv) acceptance of joint return operations. Such an assessment shall be based on the use of reliable data provided by Member States, as well as by Union’s institutions, organs, bodies and Agencies. The Commission shall regularly, at least once a year, publish its assessment.
Amendment 215 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 3
Article 25 a – paragraph 3
3. A Member State may also notify the Commission if it is confronted with substantial and persisting practical problems in the cooperation with a third country in the readmission of irregular migrants on the basis of the same indicators as those listed in paragraph 2. The Commission shall immediately inform the Council and the European Parliament about the notification.
Amendment 216 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 4
Article 25 a – paragraph 4
4. The Commission shall examine any notification made pursuant to paragraph 3 within a period of one month. The Commission shall inform the Council and the European Parliament of the results of its examination.
Amendment 219 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 5
Article 25 a – paragraph 5
5. Where, on the basis of the analysis referred to in paragraphs 2 and 4, and taking into account the steps taken by the Commission to improve the level of cooperation of the third country concerned in the field of readmission, the Union’s overall relations with that third country, as well as its overall cooperation in the field of migration, the Commission decides that a country is not cooperating sufficiently, and that action is therefore needed, it may, taking also account of the Union’s overall relor where, within 12 months, a simple majority of Member States have notified the Commission in accordance with paragraph 3, the Commission , while continuing its efforts to improve the cooperations with the third country concerned, adopt an implementing act, in accordance with the examination procedure referred to in Article 52(2)shall submit a proposal to the Council to adopt an implementing act:
Amendment 224 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 6
Article 25 a – paragraph 6
6. The Commission shall continuously assess and report on the basis of the indicators set out in paragraph 2 whether significant improvement in the given third country's cooperation on readmission of irregular migrants can be established and, taking also account of the Union’s overall relations with the third country concerned, may decide to repeal or amend the implementing act referred to in paragraph 5.
Amendment 239 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 24
Article 1 – paragraph 1 – point 24
Regulation (EC) No 810/2009
Article 36 a
Article 36 a
Amendment 40 #
2017/2270(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests that Commission submit, by 31 March 2019, on the basis of Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning ofStates that, following the judgment of the Court of Justice of the European Union of 9 March 2017 in Case C-638/16 PPU, X. and X. v. État Belge1a, there is no legal basis for a binding legal act of the Union on long-term residence permits entitled "humanitarian visas"; draws attention to the Ecuropean Union, a proposal for a Regulation on establishing a Europearent legal acts of the Union which allow Member States to issue short-term residence permits with limited territorial validity on Hhumanitarian Visa, following the recommendations set out in the Annex to this resolution;grounds; does not, therefore, see a reason to create an additional type of residence permit; _________________ 1aJudgment of the Court of Justice of 9 March 2017, X. and X. v. État Belge, C- 638/16 PPU, ECLI:EU:C:2017:173.
Amendment 46 #
2017/2270(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. States that this new and misleading interpretation of humanitarian visas could create more problems than it solves: a pull factor for third-country nationals, mass influx at embassies and consulates that would possibly lead to their closure, an increasing number of illegally staying third-country nationals in Member States due to the fact that there will continue to be negative asylum decisions;
Amendment 47 #
2017/2270(INL)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Expresses serious doubts that such an instrument establishing a European Humanitarian Visa would be able to stop the problems of smugglers, illegal immigration or attempts to cross the Mediterranean;
Amendment 48 #
2017/2270(INL)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Aims to stop migration as close to its origin as possible by, on the one hand, tackling the root causes of migration and by, on the other hand, establishing reception centres in third countries for those who are already on their way;
Amendment 49 #
2017/2270(INL)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Expresses the objective that asylum applications be dealt with outside the Union in third countries, in particular in Union-led reception centres, in order to prevent people from embarking on dangerous immigration routes such as the Mediterranean;
Amendment 72 #
2017/2224(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to internationalise education systems and expand student mobility programmes to better prepare students for the EU labour market, in which a lack of skills in foreign languages and cultures is the first barrier to mobility; Calls, in this connection, for the creation of more skills geared to the job market and a massive increase in the proportion of practice-oriented training;
Amendment 74 #
2017/2224(INI)
Draft opinion
Paragraph 5 – subparagraph 1 (new)
Paragraph 5 – subparagraph 1 (new)
Believes that increased training in basic digital skills in educational institutions, such as the use of digital media and a basic knowledge of programming, is essential;
Amendment 106 #
2017/2224(INI)
Draft opinion
Paragraph 10 – subparagraph 1 (new)
Paragraph 10 – subparagraph 1 (new)
Calls on Member States to introduce on a compulsory basis comprehensive political education with a European political focus starting from compulsory school age;
Amendment 116 #
2017/2224(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Calls on the Commission and the Member States to make vocational and educational training more visible and enhance its quality and attractiveness, and to promote dual education, work-based learning and reality-based learning at every level and form of education, including universities, in order to ensure stronger ties between the education and labour markets; stresses in this connection the need for modern, technical equipment at educational sites with appropriate digital infrastructure; calls for the policy of apprenticeships and entrepreneurship for young people to be developed, to make their entry into the labour market smoother;
Amendment 7 #
2017/2131(INL)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to its resolution of 29 May 2017 on combating anti-Semitism (2017 / 2692 (RSP)),
Amendment 22 #
2017/2131(INL)
Motion for a resolution
Paragraph 1 – point 11 a (new)
Paragraph 1 – point 11 a (new)
(11a) the need to consistently combat anti-Semitism and prosecute anti-Semitic statements and hateful statements against Jews
Amendment 57 #
2017/2131(INL)
Motion for a resolution
Annex I – point 10
Annex I – point 10
(10) In recent years the Hungarian Government has extensively used national consultations. On 27 April 2017, the Commission pointed out that the national consultation “Let’s stop Brussels” contained several claims and allegations which were factually incorrect or highly misleading. Nevertheless, the Hungarian Government subsequently continued to have recourse to similar consultations, such as in the case of the so-called “Soros plan” national consultation based again on false statements targeting particularly the person of George Soros and the EU, and inducing hatred towards migrants.
Amendment 110 #
2017/2131(INL)
Motion for a resolution
Annex I – point 23 a (new)
Annex I – point 23 a (new)
(23a) In its 2017 report on press freedom the Freedom House raised serious concerns about the freedom of the press in Hungary. This is due to independent media being extorted from the market, partly through acquisition of regional newspapers by government-affiliated owners and creation of government friendly private outlets, as well as selective awarding of advertising contracts by government and state-owned companies, which results in depriving independent media outlets from income. The limited advertisement market and extensive government spending on social advertising encourages media to avoid controversial subjects to maintain good relations with public and private advertisers.
Amendment 111 #
2017/2131(INL)
Motion for a resolution
Annex I – point 23 b (new)
Annex I – point 23 b (new)
(23b) Both the Freedom House in its report of 2017 as well as Mertek Media Monitor observe that the government also seeks to control the media through selective allocation of radio broadcasting frequencies. This together with exerting their influence over public broadcasters and raising the profile of friendly private outlets deprives independent media from having a fair access to the market.
Amendment 179 #
2017/2131(INL)
Motion for a resolution
Annex I – point 43
Annex I – point 43
(43) In his report following his visit to Hungary, which was published on 16 December 2014, the Council of Europe’s Commissioner for Human Rights indicated that he was concerned about the deterioration of the situation as regards racism and intolerance in Hungary, with anti-Gypsyism being the most blatant form of intolerance, as illustrated by distinctively harsh, including violence targeting Roma people and paramilitary marches and patrolling in Roma-populated villages. He also pointed out that, despite positions taken by the Hungarian authorities to condemn anti-Semitic speech, anti-Semitism is a recurring problem, manifesting itself through hate speech and instances of violence against Jewish persons or property. In addition, in a speech held on 15. March 2018 in Budapest, the Prime Minister of Hungary, Victor Orban, used polemic attacks including clearly anti-Semitic stereotypes against George Soros, that according to the European Parliament`s Anti-Semitism Resolution, which appeals the importance of the IHRA working definition on Anti- Semitism, that serves as a model for all EU citizens, would have been assessed as punishable. In addition, he mentioned a recrudescence of xenophobia targeting migrants, including asylum seekers and refugees, and of intolerance affecting other social groups such as LGBTI persons, the poor and homeless persons. The European Commission against Racism and Xenophobia mentioned similar concerns in its report on Hungary published on 9 June 2015.
Amendment 204 #
2017/2131(INL)
Motion for a resolution
Annex I – point 49 a (new)
Annex I – point 49 a (new)
(49a) Hungary, like other EU Member States, should legally enshrine IHRA`s working definition of Anti-Semitism as the basis for criminal, media and educational measures.
Amendment 1 #
2017/2127(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that the Committee on Petitions (PETI) receives a considerable number of petitions each year referring to the difficulties encountered by people with disabilities across the EU in relation to all areas identified in the European Disability Strategy, in particular access to work and employment, education and transport, and participation in political, public and cultural lifetheir everyday activities in relation to the eight main areas of action identified in the European Disability Strategy, in particular access to healthcare and social protection, education and training, labour market, built environment and transport, goods and services, information and communication, cultural and sports events;
Amendment 8 #
2017/2127(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the protection role played by the Committee on Petitions through the petition process in the context of the EU framework for the UN Convention on the Rights of Persons with Disabilities (UNCRPD), and stresses that the petitions received by the Committee illustrate the need to adopt an effective, horizontal, non-discriminatory and human rights based approach toin order to put into practice the disability policies;
Amendment 14 #
2017/2127(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises, in particular, that accessibility is a core principle of the UNCRPD, and a precondition for the exercise of other rights enshrined in the Convention; stresses that the right to accessibility, as defined in Article 9 of the UNCRPD, must be implemented in a comprehensive manner to ensure that persons with disabilities can access their environment, transportation, public facilities and services, as well as information and communications technologies; calls on the Commission and Member States to ensure that accessibility is a high priority and is better integrated in all disability policy areas;
Amendment 33 #
2017/2127(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines the centrality of the right of all persons with disabilities to live independently, and calls on the Commission to enhance the optimal use of ESIFs by Member States, with a view to developing high-quality social services for people with disabilities, and realising the deinstitutionalisation process., raising awareness about disability issues and promoting equal opportunities at regional, national and EU level;
Amendment 50 #
2017/2052(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that to increase the impact of the next MFF, further links should be established between EU funds such as the Framework Programme for Research and Innovation, Structural Funds, the European social fund, the European Agricultural Fund for Rural Development (EAFRD) and Creative Europe.
Amendment 133 #
2017/2052(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that appropriate recognition and full support of Cultural and Creative Industries (CCIs) would strengthen the impact of the next MFF; recalls the dual nature of the cultural and creative sector: economic (wealth and job creation)and cultural (creating values, meaning and identity);recalls that CCIs are one of Europe’s fastest growing sector, generating 509 billion Euros in value added to GDP per year and representing more than 12 million full time jobs ;calls for additional links between the Framework Programme for Research and Innovation and the Creative Europe programme, as this would help to address the increased industrial dependency on design and creativity; reminds that Creative Europe has consistently boasted excellent performance with full implementation at year-end since the start of this MFF; calls on the Commission to comply with Article 167(4) of the Treaty on the Functioning of the European Union and establish the CCIs as a horizontal priority within EU funding schemes and programmes, particularly in the Framework Programme for Research and Innovation, the EaSI and the ESIFs.
Amendment 137 #
2017/2052(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Commission to develop , through the MFF, a comprehensive, coherent and long-term industrial policy framework for the cultural and creative industries, with adequate funding to CCIs in order to boost their competitiveness and enable them to fulfil their potential in terms of creating quality jobs and growth for the benefit of the Union;
Amendment 138 #
2017/2052(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Calls on the Commission to facilitate funding to the sector, based on the following definition of CCIs: ‘Cultural and Creative Industries are those industries that are based on cultural values, cultural diversity, individual and/or collective creativity, skills and talent with the potential to generate innovation, wealth and jobs through the creation of social and economic value, in particular from intellectual property; they include the following sectors relying on cultural and creative inputs: architecture, archives and libraries, artistic crafts, audio-visual (including film, television, software and video games, and multimedia and recorded music), cultural heritage, design, creativity-driven high- end industries and fashion, festivals, live music, performing arts, books and publishing (newspapers and magazines), radio and visual arts, and advertising’, as adopted in its own resolution on “a coherent EU policy for cultural and creative industry” of 13 December 2016;
Amendment 14 #
2017/2044(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that there are 2 million social economy enterprises in Europe, which employ 14,5 million people and aim to have a social, societal or environmental impact for the general interest; points out that they contribute to the European employment, social cohesion, regional and rural development, environmental protection, consumer protection, agricultural, third countries development, and social security policies; calls on the Commission to establish an adequately financed European Action Plan, which will promote the social economy enterprises in Europe and boost social innovation; recalls that social enterprises are struggling to find the right funding opportunities due to the lack of understanding of their functioning and their small size; stresses the importance of adequate funding via COSME, ESF and ERDF;
Amendment 22 #
2017/2044(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that the unemployment rates, especially long-term unemployment rates for people over 50, are very high; stresses that unemployment and inactivity may lead to social exclusion, increases risk of poverty as well as the risk of developing diseases; emphasises that a special budget is needed to tackle this issue properly, such as the YEI, in order to foster life-long learning and reskilling initiatives as well as further measures by public and private employment services to increase skills and competences and retain older workers in their job;
Amendment 23 #
2017/2044(BUD)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls that EURES is an important tool to increase labour mobility and to tackle unemployment and shortage of skilled workers in Europe simultaneously; notes that, yet, the level of awareness of EURES is still very low; emphasises that a proper and timely funding through EaSI is important in order to finance awareness campaigns in Europe;
Amendment 38 #
2017/2044(BUD)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls the growing prevalence of chronic and autoimmune diseases in Europe pose serious threats to the European health care systems and labour market; emphasises the importance of funding research as well as the development of European action plans on prevention and early diagnosis of chronic and autoimmune diseases as well as life- time healthy ageing starting from childhood onward;
Amendment 43 #
2017/2044(BUD)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recalls that the number of care- dependent people is rising; 80 % of all care activities are done by informal carers, mostly women, who look after their relatives; highlights that many of them reduce or even leave their professional job due to their high amount of responsibilities as carers; stresses that in order to support informal carers, funding for the establishment of a European network of carers and the exchange of best-practice examples across the Member States is necessary;
Amendment 4 #
2017/2043(BUD)
Draft opinion
Paragraph 1 – subparagraph 1 (new)
Paragraph 1 – subparagraph 1 (new)
Calls for maintaining the EU support to sports policy, the sports chapter of the Erasmus+ programme and the financing of Special Events, such as the Special Olympics in 2017;
Amendment 3 #
2017/2008(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas women's economic empowerment and equal opportunities in the labour market are crucial for women individually but also instrumental for EU's economic growth with positive impact on GDP, inclusiveness and competitiveness of businesses as well as the sustainability of national social security systems affected by demographic change.
Amendment 27 #
2017/2008(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that equal opportunities for economic independence and the guaranteeimplementation of the principle of equal pay for male and female workers for equal work andor work of equal value applied by the Member States as defined in the article 157 of TFEU are necessary steps for women’'s economic empowerment;
Amendment 47 #
2017/2008(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that preventing and eliminating the gender pension gap and reducing women's poverty in the old age first and foremost depend on creating conditions for women to make equal pension contributions through further inclusion into the labour market and safeguarding equal opportunities in terms of pay, career advancement and possibilities to work full-time;
Amendment 66 #
2017/2008(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. points out that digitalisation has a profound impact on the labour market by changing value chains, conditions and nature of work as well as creating new job opportunities and more flexible working patterns; notes that opportunities for flexible and teleworking arrangements brought about by digitalisation may serve as a an effective tool for further inclusion of women into the labour market as well as better reconciliation of professional and domestic duties for both women and men;
Amendment 72 #
2017/2008(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. highlights that improving digital skills and IT-literacy among women and boosting inclusion into the ICT, which is one of the highest paying sectors, could contribute to their economic empowerment and independence resulting in the reduction of the total gender wage gap;
Amendment 74 #
2017/2008(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Points out that the demand for digital technology professionals in the EU has grown by 4% annually in the last ten years and the number of unfilled vacancies for ICT professionals is expected to double by 2020; calls therefore on the Member States and the Commission to advance their efforts to promote digital skills and e-literacy among women and girls, who remain underrepresented in this sector, from the earliest stages at school and going through the whole educational cycle as well as in the framework of life-long learning;
Amendment 77 #
2017/2008(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3 d. Encourages Member States to introduce age appropriate ICT education at early stages with a particular focus on inspiring and supporting girls to pursue their interest and talents in the digital field and safeguarding them from constraining and negative stereotyping which discourage girls from advancing their e-skills;
Amendment 79 #
2017/2008(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls Recognises that domestic work and provision of household services, which are largely feminised, are often perfor measures to guarantee the economic and social dignity of feminised work, such as domestic workd as undeclared work; calls on the Member States to promote and further develop the formal sector of domestic services through facilitation and incentives to employ domestic workers with the aim of reducing the undeclared work and improving reconciliation of private and professional life for the working families;
Amendment 88 #
2017/2008(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on policy makers, also through the European Platform Tackling Undeclared Work, to recognise household services, family employment and home- care as a valuable economic sector which needs to be better regulated within the Member States with a view to create both secure position for domestic workers and provide families with a capacity to assume their role as employers;
Amendment 99 #
2017/2008(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Member States to enforce laws and workplace policies that prohibitsure proper application of the existing equal treatment legislation in order to eliminate gender-based discrimination in the recruitment, retention and promotion of women in employment in both the public and private sectors and at work in both the public and private sectors and to offer women a level-playing field in terms of pay and career advancement;
Amendment 126 #
2017/2008(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States to strengthen and enforce the full exercise of the right of collective bargaining in the private and public sectorssocial partners to use collective bargaining to advance equal opportunities for women and men, to ensure that the existing equal treatment legislation is applied in practice as well as to address and combat the gender pay gap;
Amendment 129 #
2017/2008(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Member States to implement and enforce public social care policies as well as to provide quality childcare fafurther develop care facilities for the dependent, including children and elderly, with the view of enhancing reconciliaties and promote the equal sharing of unpaid domestic work and co- responsibility in care.on of private and professional life for the working families and increasing women's participation in the labour market as a precondition for women's economic empowerment;
Amendment 1 #
2017/2003(INI)
Draft opinion
Recital -A (new)
Recital -A (new)
-A. whereas the collaborative economy offers many opportunities for growth and jobs, especially for people who are distant from the labour market, such as young people, students, women and seniors, and provides innovative new services for citizens and consumers;
Amendment 3 #
2017/2003(INI)
Draft opinion
Recital A
Recital A
A. whereas the Commission communication entitled ‘A European Agenda for the collaborative economy’ stresses the increasing significance of the platform economy, its important contribution to growth and jobs by providing new opportunities for citizens and innovative entrepreneurs, and its impact on economic and employment policies;
Amendment 5 #
2017/2003(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas with the Communication on a European agenda for the collaborative economy, the EU provides welcomed guidelines on applicable EU rules and recommendations to help citizens, businesses and EU countries to fully benefit from these new business models and promote a balanced and fair development of the collaborative economy;
Amendment 11 #
2017/2003(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the forms of work in the collaborative economy can be differentiated in physical services as work on demand and virtual services as crowdwork, which is only transmitted via internet
Amendment 16 #
2017/2003(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the Commission communication on collaborative economy is a starting point of the EU contribution to a balanced and fair development of the collaborative economy, given the rapid evolution of this economy and its related regulatory loopholes and uncertainties that still must be clarified;
Amendment 20 #
2017/2003(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas the European Commission and the Member States need to address more deeply the social dimension of the collaborative economy by providing in depth analysis and data on new forms of employment, by monitoring the evolving regulatory environment and by encouraging the exchange of good practices among EU countries, in order to overcome the social challenges related to this new economy;
Amendment 29 #
2017/2003(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for a clear distinction between ‘professional’ and ‘non-professional’ platforms and to recognise activities in the platform economy that are properly categorised as ‘work’platforms with a lucrative business model and those based on the sharing of costs, resources or skills, in order to ensure a level playing field for EU businesses and citizens; in parallel, calls for a clear distinction between non-professional peer-to-peer activity and service providers acting in their professional capacity by further developing sector specific criteria and thresholds, in collaboration with relevant stakeholders; amongst service providers, underlines the need to distinguish employees and self-employed, in order to apply them rights and duties accordingly;
Amendment 59 #
2017/2003(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a framework directiveon the Commission and the Member States, in cooperation with social partners, to assess the impact of the collaborative economy on forms of employment and working conditions, to check if the current legislations are able to cover platform workers and, if necessary, to consider accordingly the need to update the current social acquis, to better enforce legal frameworks on working conditions into the platform economy, in order to guarantee the legal situation of platform workers and, to ensure that all platform workers have the same social and employment rights and health and safety protection as workers in the traditional economy and to ensure a level playing field for businesses; Underlines that digital technologies are evolving so fast that policy making should not be based on a catch-up approach but rather on a logic of anticipation;
Amendment 70 #
2017/2003(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes note of the multiplication of national and local regulatory initiatives affecting the collaborative economy; Stresses the importance of rapid clarification at European level of the applicable rules in order to limit the fragmentation of the internal market;
Amendment 81 #
2017/2003(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to ensure adequate social security for self-employed and "quasi self-employed" workers, who are key players in the digital labour market; stresses that freedom of association and collective action are fundamental rights which must apply to all workers;
Amendment 91 #
2017/2003(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for more reliable data on joband evidence on jobs, skills and working conditions in the platform economy and, if necessary, for the adjustment of related policies to create a level playing field between the platforms and traditional economiebusinesses, especially SMEs, in particular in the field of consumer protection, taxation and working conditions;
Amendment 99 #
2017/2003(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls for Member States to adapt their education and training policies to the new skills requested in the collaborative economy; Encourages Member States to include digital trainings in their school programs, from primary school; underlines the need to develop lifelong learning programs to be able to acquire new skills related to technological developments all along the professional career;
Amendment 104 #
2017/2003(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Underlines that the collaborative economy fosters entrepreneurship; Stresses the need to adapt training mechanisms to this new kind of businesses;
Amendment 107 #
2017/2003(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the national public employment services and the EURES Network to communicate better on the opportunities offered by the collaborative economy;
Amendment 125 #
2017/2003(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the European Commission and the Member States to reflect on the appropriate means to ensure that digital platforms inform providers on the regulatory framework that has to be complied with, when offering services, as individuals using platforms are sometimes not even aware of the requirements they should fulfil; considers that digital platforms should play a more proactive role in checking whether the service provider fulfils its legal requirements; Calls on Member States to operate specific controls in order to check if operators stick to the rules, especially in terms of taxation, consumer protection, working conditions and skills requirements;
Amendment 132 #
2017/2003(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasizes that the economic model of collaborative economy is based on users' trust, particularly in online comments; calls in this context on the European Commission to propose tools for certification of online consumer opinions in order to allow users to have reliable and fair information on the quality of the services offered on collaborative platforms;
Amendment 141 #
2017/2003(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that constant accessibility represnectivity can help for a better work life balance by facilitating working time arrangements; a serious health and safety risk in the platform economy; advocates the establishment of a ‘right to log off’.cknowledges however the need to assess the effects of collaborative economy on health and safety at work and to adapt accordingly the existing health and safety framework;
Amendment 150 #
2017/2003(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Highlights that the collaborative economy has flourished mainly so far in urban areas; Stresses therefore the importance of deploying broadband in rural areas in order to enable all EU territories to benefit from the potential of the collaborative economy, especially in terms of employment; Calls for Member States to strengthen financial and human resources to enable people from rural areas to acquire basic digital skills;
Amendment 152 #
2017/2003(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. States that crowdworkers are rather valued by ratings than the proof of qualifications; stresses that ratings on platforms are not fully reliable and therefore not a credible measure of quality to judge workers are judged; calls for more transparency on qualifications and the right to remove unfair and unjustified ratings;
Amendment 79 #
2017/0355(COD)
Proposal for a directive
Recital 2
Recital 2
(2) Principle 75 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation. Principle 5 provides that regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, that employment relationships that lead to precarious working conditions isare to be prevented, including by prohibiting abuse of atypical contracts, that any probationary period should be of reasonable duration and that the transition towards open-ended forms of employment is to be fostered. It further provides that the necessary flexibility for employers to adapt swiftly to changes in the economic context and to adopt new forms of employment on a collective bargaining basis is to be ensured, in accordance with legislation and collective agreements.
Amendment 80 #
2017/0355(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Principle 7 provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation.
Amendment 86 #
2017/0355(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Since the adoption of Council Directive 91/533/EEC33, labour markets have undergone far-reaching changes due to demographic developments and digitalisation leading to the creation of new forms of employment, which have supported innovation, job creation and labour market growth. New forms of employment are often not as regular or stable ascan vary greatly in their predictability from traditional employment relationships and can sometimes lead to reduced predictability for the workers concerned, creating uncertainty as toover applicable rights and social protection. In this evolving world of work, there is therefore an increased need for workers to be fully informed about their essential working conditions, which should occur in a written form and in a timely manntimely manner and in a written form and in a form easily accessible to workers. In order adequately to frame the development of new forms of employment, workers in the Union should also be provided with a number of new minimum rights aimed at promoting security and predictability in employment relationships while achieving upward convergence across Member States and preserving labour market adaptability. __________________ 33 Council Directive 91/533/EC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).
Amendment 103 #
2017/0355(COD)
Proposal for a directive
Recital 6
Recital 6
(6) The Commission has undertaken a two-phase consultation with the social partners on the improvement of the scope and effectiveness of Directive 91/533/EEC and the broadening of its objectives in order to insertestablish new rights for workers, in accordance with Article 154 of the Treaty on the Functioning of the European Union (TFEU). This did not result in any agreement among social partners to enter into negotiations on those matters. However, as confirmed byon the basis of the outcome of the open public consultations carried out to seek the views of various stakeholders and citizens, it is importantessential to take action at the Union level in this area by modernising and adapting the current legal framework to new developments.
Amendment 111 #
2017/0355(COD)
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure effectiveness of the rights provided by the Union law, the personal scope of Directive 91/533/EEC should be updated. In its case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34 which are appropriate for determining the personal scope of application of this Directive. The definition of worker in Article 2(1) is based on these criteriaits case law, the Court of Justice of the European Union has established criteria for determining the status of a worker34. They ensure a uniform implementation of the personal scope of the Directive while leaving it to national authorities and courts to apply it to specific situations. Provided that they fulfil those criteria, domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices could come within scope of this Directive. __________________ 34 Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.
Amendment 118 #
2017/0355(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In its case law, the Court of Justice has set criteria for determining the status of a worker1a so that a uniform implementation of the personal scope of this Directive should be ensured, while leaving it to national authorities and national courts to apply it to specific situations. The Court of Justice has defined a worker as a natural person who, for a certain period of time, performs services for and under the direction of another person in return for remuneration. Domestic workers, on- demand workers, intermittent workers, voucher based-workers, platform workers, trainees and apprentices who meet those criteria fall within the personal scope of this Directive. Moreover, the Court of Justice has held that the performance of services is to be understood as the performance of work, and that an employment relationship is to be understood as one including a degree of dependency or subordination. The Court of Justice's case-law in this regard should be taken into account in the transposition of this Directive. __________________ Judgments of 3 July 1986, Deborah Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C-413/13; and 17 November 2016, Ruhrlandklinik, Case C- 216/15.
Amendment 132 #
2017/0355(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In view of the increasing number of workers excluded from the scope of Directive 91/533/EEC on the basis of derogations made by Member States under Article 1 of that Directive, it is necessary to replace these derogations with a possibility for Member States not to apply the provisions of the Directive to a work relationship equal to or less than 8 hours in total in a reference period of one month. That derogation does not affect the definition of a worker as provided for in Article 2(1).
Amendment 148 #
2017/0355(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Several different natural or legal persons may in practice assume the functions and responsibilities of an employer. Member States should remain free to determine more precisely the person(s) who are considered totally or partially responsible for the execution of the obligations that this Directive lays down for employers, as long as all those obligations are fulfilled. Member States should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship. Member States should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment, to provide cost-free mandatory training, and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement.
Amendment 166 #
2017/0355(COD)
Proposal for a directive
Recital 14
Recital 14
(14) If, due to the nature of the employment, it is not possible to indicate a fixed work schedule due to the nature of the employment, workers should knowsetting the times and dates at or on which work begins and ends or if workers have on-demand contracts or are in a similar employment relationship, employers should inform workers how their work schedule will be established, including the time slots in which they may be called to workon-call times and the minimum advance notice they should receive.
Amendment 179 #
2017/0355(COD)
Proposal for a directive
Recital 15
Recital 15
(15) IEmployers should provide information onabout social security systems should includefunds and proof of registration with the social security authorities and, where relevant, information on sickness, maternity and equivalent, parental, paternity, old-age, invalidity, survivors', unemployment, pre- retirement or, family benefits, or benefits in respect of accidents at work and occupational diseases. Information on social security protection provided by the employer should include, where relevant, coverage by supplementary pension schemes within the meaning of Council Directive 98/49/EC36 and Directive 2014/50/EU of the European Parliament and of the Council37. __________________ 36 Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self- employed persons moving within the Community (OJ L 209, 25.7.1998, p. 46). 37 Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128, 30.4.2014, p. 1).
Amendment 217 #
2017/0355(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Probationary periods allow employers to verify that workers are suitable for the position for which they have been engaged while providing them with accompanying support and training. Such periods may be accompanied by reduced protection against dismissal. Any entry into the labour market or transition to a new position should not be subject to prolonged insecurity. As established in the European Pillar of Social Rights, probationary periods should therefore be of reasonable duration. A substantial number of Member States have established a general maximum duration of probation between three and six months, which should be considered reasonable. Probationary periods may be longer than six months where this is justified by the nature of the employment such as for managerial positions and where this is in the interest of the worker or employer, such as in the case of long illness or in the context of specific measures promoting permanent employment notably for young workers.
Amendment 244 #
2017/0355(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Workers should have the possibility to refuse a work assignment if it falls outside of the reference hours and days or has notwhere the worker has been notified withinoutside the minimum advance notice period without suffering adverse consequences for this refusal. Workers should also have the possibility to accept the work assignment if they so wish. It should be possible to indicate the reference hours and days, the time slots on specified days when work can take place at the employer's request, and to change the minimum notice period on an ad hoc basis as agreed between the employee and the employer. If the worker, once he or she has accepted the work assignment, is unable to complete the work because the employer delays assigning tasks to the worker, and the worker is not responsible for that delay, the worker should retain his or her right to remuneration for the work assignment.
Amendment 252 #
2017/0355(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Where employers have the possibility to offer full-time or open-ended labour contracts to workers in non-standard forms of employment, a transition to more secure forms of employment should be promoted in accordance with the principles established in the European Pillar of Social Rights. Workers should be able to request another more predictable and secure form of employment, where available, and receive a written response from the employer, which takes into account the needs of the employer and of the worker.
Amendment 259 #
2017/0355(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Where employers are required by legislation or collective agreements to provide training to workers to carry out the work for which they are employed, it is important to ensure that such training is provided equally, including to those in non-standard forms of employment. The costs of such training should not be charged to the worker nor withheld or deducted from the worker's remuneration, unless the worker gives notice of termination shortly before the training takes place. In this case, a proportionate defrayment of costs by the worker should be regulated by law or collective bargaining.
Amendment 266 #
2017/0355(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Social partners may consider that in specific sectors or situations different provisions can be adapted, completed or improved if they are more appropriate, for the pursuit of the purpose of this Directive, than the minimum standards set inin accordance with Chapter Three of this Directive. Member States should therefore be able to allowencourage the social partners to conclude collective agreements modifapplying the provisions contained inof that cChapter, as long asprovided that the overall level of protection of workers is not loweredcontinues to be respected and that the minimum requirements laid down in this Directive are met.
Amendment 276 #
2017/0355(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The consultation on the European Pillar of Social Rights showed the need to strengthen enforcement of Union labour law to ensure its effectiveness. As regards Directive 91/533/EEC, the REFIT evaluation41 confirmed that strengthened enforcement mechanisms could improve its effectiveness. It showed that redress systems based solely on claims for damages are less effective than systems that also provide for sanctions (such as lump sums or loss of permits) for employers who fail to issue written statements. It also showed that employees rarely seek redress during the employment relationship, which jeopardises the goal of the provision of the written statement to ensure workers are informed about their essential features of their employment relationship. It is therefore necessary to introduce enforcement provisions which ensure the use either of favourable presumptions where information about the employment relationship is not provided, or of an administrative procedure under which the employer may be required to provide the missing information and subject to sanction if it does not. That redress should be subject to a procedure by which the employer is notified that information is missing and has 15 days in which to supply complete and correct information. __________________ 41__________________ 41 SWD(2017)205 final, page 26. SWD(2017)205 final, page 26.
Amendment 296 #
2017/0355(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Member States shouldmay provide for effective, and proportionate and dissuasive penalties for breaches of the obligations under this Directive.
Amendment 307 #
2017/0355(COD)
Proposal for a directive
Recital 38
Recital 38
(38) The Member States may entrust social partners withshould ensure that the implementation of this Directive is entrusted to social partners, where social partners jointly so request to do so and as long as the Member Sta. The Member States should take all the necessary steps t- and make all the necessary stepsresources available to the social partners - to ensure that they can at all times guarantee the results sought under this Directive. If the implementation of this Directive cannot be entrusted to the social partners, Member States should ensure that the social partners are involved in the entire process of transposing this Directive.
Amendment 321 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive lays down minimum rights that apply to every worker in the Union who has an employment contract or employment relationship as defined in law, in collective agreements or by national practice in the Member State concerned.
Amendment 435 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) any training entitlement provided by the employerentitlement to training that the employer is required to provide under Union or national legislation or under relevant collective agreements;
Amendment 451 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point i
Article 3 – paragraph 2 – point i
(i) the procedure, including the length of the periods of notice, to be observed by the employer and the worker should their employment contract or employment relationship be terminated or, where the length of the period of noticeat cannot be indicated when the information is given, the method for determining such periods of notice;
Amendment 457 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) the initial basic amount, any other component elements, such as payments in kind or other benefits, and the frequency and method of payment of the remuneration to which the worker is entitled;
Amendment 461 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point k
Article 3 – paragraph 2 – point k
(k) if the work schedule is entirely or mostly not variable or predictable, the length of the worker's standard working day or week and, any arrangements for overtime and its remuneration, and reasonable advance notice of such work;
Amendment 468 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point l – introductory part
Article 3 – paragraph 2 – point l – introductory part
(l) if the work schedule is entirely or mostly variable or unpredictable, the principle that the work schedule is variable, the amount of guaranteed paid hours, the remuneration of work performed in addition to the guaranteed hours and, if the work schedule is entirely or mostly determined, by the employer:
Amendment 484 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point m
Article 3 – paragraph 2 – point m
(m) any collective agreements governing the worker's conditions of work; in the case of collective agreements concluded outside the business by special joint bodies or institutions, the name of the competent body or joint institution within which the agreements were concluded, and information about the works council or any other representatives of workers in that business;
Amendment 493 #
2017/0355(COD)
Proposal for a directive
Article 3 – paragraph 2 – point n
Article 3 – paragraph 2 – point n
(n) the social security institution(s) receiving the social contributions attached to the employment relationship and any protection relating to social security provided by the employer, should national legislation not make that clear.
Amendment 532 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. All documents shall be provided personally, on paper or in electronic form, provided that they are easily accessible, receipt is acknowledged, and they can be stored and printed.
Amendment 548 #
2017/0355(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that the information on the laws, regulations and administrative or statutory provisions or collective agreements governing the legal framework applicable which are to be communicated by employers is made generally available free of charge in a clear, transparent, comprehensive and easily accessible way at a distance and by electronic means, including through existing online portals for Union citizens and businesse. Universally applicable collective agreements are of public interest and shall be made generally available free of charge through existing online portals.
Amendment 566 #
2017/0355(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The document referred to in paragraph 1 shall not be required in the case of a change in the relevant laws, regulations and administrative or statutory provisions or collective or works council agreements.
Amendment 570 #
2017/0355(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Additional information for workers posted or sent abroad
Amendment 571 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that, where a worker is required to work in a Member State or third country other than the Member State in which he or she habitually works, the document referred to in Article 4(1) shall be provided by the employer before his or her departure and shall include at least the following additional information:
Amendment 575 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) where applicable, the benefits in cash or kind attendant on the work assignment(s), which includes in the case of posted workers covered by Directive 96/71/EC any allowances specific to posting and any arrangements for reimbursing expenditure on travel, board and lodging;
Amendment 582 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 595 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The information referred to in paragraph 1(b) and 2(a) may, where appropriate, be given in the form of a reference to the laws, regulations and administrative or statutory provisions or collective agreements governing those particular points.
Amendment 604 #
2017/0355(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Unless Member States provide otherwise, paragraphs 1 and 2 shall not apply if the duration of each work period outside the Member State in which the worker habitually works is four consecutive weeks or less.
Amendment 609 #
2017/0355(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shallmay ensure that, where an employment relationship is subject to a probationary period, that period shall not exceed six months, including any extension.
Amendment 631 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that an employer shall not prohibit workers from taking up employment with other employers, outside the work schedule established with that employer.An employer may prohibit employment in parallel on objective grounds. Namely: health and safety, the protection of trade secrets, confidentiality, the integrity of the public service or the avoidance of conflicts of interests
Amendment 642 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. EmployerMember States may however lay down conditions for the use of incompatibility where such restrictions are justified byrestrictions, namely restrictions on working for specific categories of employers for legitimate reasons, such as health and safety, the protection of business secrets, or the avoidance of conflicts of interests.
Amendment 648 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2 – point 1 a (new)
Article 8 – paragraph 2 – point 1 a (new)
(1a) Member States shall entrust the social partners with setting such incompatibility restrictions if they jointly request this.
Amendment 649 #
2017/0355(COD)
Proposal for a directive
Article 8 – paragraph 2 – point 2 a (new)
Article 8 – paragraph 2 – point 2 a (new)
(2a) The worker is obliged to inform the employer of the nature and scope of other forms of employment.
Amendment 688 #
2017/0355(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Where one or both of the requirements laid down in the first subparagraph is not fulfilled, a worker shall have the right to refuse a work assignment without adverse consequences.
Amendment 707 #
2017/0355(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that workers with, after at least six months' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available in employment, another form of employment may be agreed between the employee and employer.
Amendment 711 #
2017/0355(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shallmay ensure that workers with at least six months' seniority with the same employer may request a form of employment with more predictable and secure working conditions where available. Member States may limit the frequency of such requests.
Amendment 763 #
2017/0355(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may allowshall leave it to the social partners to conclude collective agreements, in conformity with the national law or practice, which, while respecting the overall protection of workers, and, subject to the minimum requirements laid down in this Directive, establish arrangements concerning the working conditions of workers which differ from those referred to in Articles 7 to 11. adapt, complement and improve provisions laid down in Chapter III.
Amendment 791 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall ensure that, where a worker has not received in due time all or part of the documents referred to in Article 4(1), Article 5, or Article 6, and the employer has failed to rectify that omission within 15 days of its notification, one of the following systems shall apply:
Amendment 798 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – point a
Article 14 – paragraph 1 – point a
(a) the worker shall benefit from favourable presumptions defined by the Member State. Where the information provided did not include the information referred to in points (e), (f), (k) or (l) of Article 3(2), the favourable presumptions shall include a presumption that the worker has an open-ended employment relationship, that there is no probationary period or that the worker has a full-time position, respectively. Employers shall have the possibility to rebut the presumptions; orand
Amendment 805 #
2017/0355(COD)
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) the worker shall have the possibility to submit a complaint to a competent authority in a timely manner and to receive an adequate response within a reasonable time frame. If the competent authority finds that the complaint is justified, it shall order the relevant employer(s) to provide the missing information. If the employer does not provide the missing information within 15 days following receipt of the order, the authority shall be able to impose an appropriate administrative penalty, even if the employment relationship has ended. Employers shall have the possibility to lodge an administrative appeal against the decision imposing the penalty. Member States may designate existing bodies as competent authorities.
Amendment 842 #
2017/0355(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Workers who consider that they have been dismissed after expiry of the probationary period, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive may request the employer to provide duly substantiated grounds for the dismissal or its equivalent. The employer shall provide those grounds in writing.
Amendment 849 #
2017/0355(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shallmay lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive. Member States shall take all measures necessary to ensure that those penalties are applied. Penalties shall be effective, proportionate and dissuasive. They may take the form of a fine. They may also comprise payment of compensationThe penalties provided must be effective and proportionate.
Amendment 872 #
2017/0355(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Member States shall ensure that the social partners are involved in the overall implementation of this Directive and provide them with the necessary means for such involvement to be effective.
Amendment 878 #
2017/0355(COD)
Proposal for a directive
Article 21 – title
Article 21 – title
Transitional provisions and preservation of existing arrangements
Amendment 882 #
2017/0355(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
The rights and obligations set out in this Directive shall apply to existingonly to new employment relationships entered into as from [entry into force date + 2 years]. However, employers shall provide or complement the documents referred to in Article 4(1), Article 5 and Article 6 only upon request of a worker. The absence of such request shall not have the effect of excluding workers from the minimum rights established under this Directive.
Amendment 886 #
2017/0355(COD)
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
Employment contracts concluded before [entry into force date] shall be exempt.
Amendment 888 #
2017/0355(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
By [entry into force date + 2two years], the Commission shall, in consultation with the Member States and social partners at Union level and taking into account the impact on small and medium-sized enterprises, review the application of this Directive with a view to proposing, where appropriate, the necessary amendments and improvements.
Amendment 204 #
2017/0352(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The interoperability between the EU information systems should allow said systems to supplement each other in order to facilitate the correct identification of persons, contribute to fighting identity fraud, improve and harmonise data quality requirements of the respective EU information systems, facilitate the technical and operational implementation by Member States of existing and future EU information systems, strengthen and simplify the data security and data protection safeguards that govern the respective EU information systems, streamline the law enforcementdesignated authorities' access to the EES, the VIS, the [ETIAS] and Eurodac, and support the purposes of the EES, the VIS, the [ETIAS], Eurodac, the SIS and the [ECRIS-TCN system].
Amendment 214 #
2017/0352(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The proposal at hand constitutes a first step in creating a comprehensive framework of interoperable Union information systems. Additional information systems, including decentralised European and national systems, should be included in the future.
Amendment 237 #
2017/0352(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Personal data stored in these EU information systems may relate to the same persons but under different or incomplete identities. Member States dispose of efficient ways to identify their citizens or registered permanent residents in their territory, but the same is not true for third- country nationals. The interoperability between EU information systems should contribute to the correct identification of third-country nationals. The common identity repository (CIR) should store the personal data concerning third-country nationalpersons present in the systems that are necessary to enable the more accurate identification of those individuals, therefore including their identity, travel document and biometric data, regardless of the system in which the data was originally collected. Only the personal data strictly necessary to perform an accurate identity check should be stored in the CIR. The personal data recorded in the CIR should be kept for no longer than is strictly necessary for the purposes of the underlying systems and should be automatically deleted when the data is deleted in the underlying systems in accordance with their logical separation.
Amendment 247 #
2017/0352(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The common identity repository (CIR) should thus support the functioning of the multiple-identity detector and to facilitate and streamline access by law enforcementdesignated authorities to the EU information systems that are not established exclusively for purposes of prevention, investigation, detection or prosecution of serious crime.
Amendment 257 #
2017/0352(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to streamline and ensure the correct identification of a person, Member State authorities competent for preventing and combating irregular migration and competent authorities within the meaning of Article 3(7) of Directive 2016/680 should be allowed to query the common identity repository (CIR) with the biometric data of that person taken during an identity check.
Amendment 263 #
2017/0352(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Where the biometric data of the person cannot be used or if the query with that data fails, the query should be carried out with identity data of that person in combination with travel document data. Where the query indicates that data on that person are stored in the common identity repository (CIR), Member State authorities should have access to consult the identity data of that person stored in the CIR, withoutalso providing any indication as to which EU information system the data belongs to.
Amendment 267 #
2017/0352(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should also introduces a new possibility for streamlined access to data beyond identity data present in the EES, the VIS, [the ETIAS] or Eurodac by Member State designated law enforcement authorities and Europol. Data, including data other than identity data contained in those systems, may be necessary for the prevention, detection, investigation and prosecution of terrorist offences or serious criminal offences in a specific case.
Amendment 284 #
2017/0352(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The two-step data consultation approach is particularly valuable in cases where the suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence is unknown. In those cases the common identity repository (CIR) should enable identifying the information system that knows the person in one single search. By creating the obligation to use this new law enforcement access approach in these cases, access to the personal data stored in the EES, the VIS, [the ETIAS] and Eurodac should take place without the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other Member States under Decision 2008/615/JHA. The principle of prior search effectively limits the possibility of Member State’ authorities to consult systems for justified law enforcement purpospurposes of preventing, detecting or investigating terrorist offences or other serious criminal offences and could thereby result in missed opportunities to uncover necessary information. The requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other Member States under Decision 2008/615/JHA should only cease to apply once the alternative safeguard of the two- step approach to law enforcementdesignated authorities' access through the CIR has become operational.
Amendment 311 #
2017/0352(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) eu-LISA should establish automated data quality control mechanisms and common data quality indicators. eu- LISA should send out automatic and immediate warnings to the authority entering data if minimum data quality standards are not met. eu-LISA should be responsible to develop a central monitoring capacity for data quality and to produce regular data analysis reports to improve the control of implementation and application by Member States of EU information systems. The common quality indicators should include the minimum quality standards to store data in the EU information systems or the interoperability components. The goal of such a data quality standards should be for the EU information systems and interoperability components to automatically identify apparently incorrect or inconsistent data submissions so that the originating Member State is able to verify the data and carry out any necessary remedial actions.
Amendment 314 #
2017/0352(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The Universal Message Format (UMF) should establish a standard for structured, cross-border information exchange between information systems, authorities and/or organisations in the field of Justice and Home affairs, including SIS. UMF should define a common vocabulary and logical structures for commonly exchanged information with the objective to facilitate interoperability by enabling the creation and reading of the contents of the exchange in a consistent and semantically equivalent manner.
Amendment 343 #
2017/0352(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation, together with [Regulation 2018/xx on interoperability borders and visa], establishes a framework to ensure the interoperability between the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, the Schengen Information System (SIS), and [the European Criminal Records Information System for third-country nationals (ECRIS-TCN)] in order for those systems and data to supplement each otheradd significant value in the identification of terrorist and international criminal networks by bringing together relevant information.
Amendment 354 #
2017/0352(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Regulation also adapts the procedures and conditions for Member State law enforcementdesignated authorities and for the European Union Agency for Law Enforcement Cooperation (Europol) access to the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS),] and Eurodac for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offences falling under their competence.
Amendment 356 #
2017/0352(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. This Regulation also provides the option for Member States to use national legislative measures to empower police authorities to query the CIR for the purpose of identifying a person as well as to prevent and fight illegal migration and to preserve public security.
Amendment 369 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) to aid in in the identification of unknown persons who are unable to identify themselves or unidentified human remains in cases of natural disasters, accidents or terrorist attacks.
Amendment 373 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) ensuring and streamlining the correct identification of persons;
Amendment 386 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) streamlining the conditions for law enforcementdesignated authorities' access to the EES, the VIS, [the ETIAS] and Eurodac;
Amendment 389 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g a (new)
Article 2 – paragraph 2 – point g a (new)
(ga) supporting eu-LISA and Member States in providing training and education to experts and users of interoperability components.
Amendment 400 #
2017/0352(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 18
Article 4 – paragraph 1 – point 18
(18) ‘EU information systems’ means the large-scale IT systems operationally managed by eu- LISA;
Amendment 449 #
2017/0352(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the EU information systems, the Europol data and the Interpol databases that shall and may be consulted and that shall provide a reply to the user, whereby it shall be ensured that access according to access rights is technically ensured; and
Amendment 487 #
2017/0352(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. In both scenarios, and until the technical failure is addressed, the obligation referred to in Article 7(2) and (4) shall not apply and Member States may access the information systems referred to in Article 9(1) or the CIR directly using their respective national uniform interfaces or national communication infrastructures.
Amendment 511 #
2017/0352(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point g a (new)
Article 13 – paragraph 1 – point g a (new)
(ga) the biometric data processed by Europol.
Amendment 537 #
2017/0352(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. A common identity repository (CIR), creating an individual file for each person that is recorded in the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN system] containing the data referred to in Article 18, is established for the purpose of facilitating and assisting the correct identification of persons registered in the EES, the VIS, [the ETIAS], the Eurodac and [the ECRIS-TCN system], of supporting the functioning of the multiple- identity detector and of facilitating and streamlining access by law enforcementdesignated authorities to non-law enforcement information systems at EU level, where necessary for the prevention, investigation, detection or prosecution of serious crime.
Amendment 544 #
2017/0352(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point e
Article 18 – paragraph 1 – point e
(e) [the data referred to in Article 5(1)(b) and 5(2) and the following data of Article 5(1)(a) of the ECRIS-TCN Regulation: surname or family name; first name(s) (given name(s)); sex; date of birth; place and country of birth; nationality or nationalities; gender and where applicable previous names, pseudonyms(s) and/or alias name(s) as well as information on travel documents.]
Amendment 555 #
2017/0352(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where a Member State police authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, solely for the purpose of identifying a person, query the CIR with the biometric data of that person taken during an identity check. Such checks shall not be limited to cases where the designated authority personnel was unable to identify a person on the basis of a travel document or provision of identity data or where there were doubts as to the authenticity of the travel document or the identity of its holder.
Amendment 557 #
2017/0352(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
Where the query indicates that data on that person is stored in the CIR, the Member States authority shall have access to consult the data referred to in Article 18(1). The consultation shall reveal in any case to which Union information system the data belongs.
Amendment 560 #
2017/0352(COD)
1a. Where there is a national legal basis, Member States' designated authorities may query the CIR to identify unknown persons unable to identify themselves or unidentified human remains in cases of natural disasters, accidents or terrorist attacks with the biometric data of those persons.
Amendment 561 #
2017/0352(COD)
Proposal for a regulation
Article 20 – paragraph 1 b (new)
Article 20 – paragraph 1 b (new)
1b. Where a Member State police authority was unable to identify a person on the basis of a travel document or with the identity data provided by that person following rules and procedures provided for in national law or where there are doubts as to the authenticity of the travel document or the identity of its holder or where accessing the CIR may contribute to preventing and fighting irregular migration as well as to combating serious cross-border crime, terrorism, human trafficking and preventing people from being exploited and slaved, the authority shall be able to query the CIR in accordance with the rules provided for in paragraphs 1 and 2.
Amendment 562 #
2017/0352(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member States wishing to avail themselves of the possibility provided for in this Article shall adopt national legislative measures. Such legislative measures shall specify the precise purposes of identity checks within the purposes referred to in Article 2(1)(b) and (c) within the purposes referred to in Article 2(1)(b) and (c), especially in cases of fighting irregular migration as well as combating serious cross-border crime, terrorism, human trafficking and preventing people from being exploited and slaved. They shall designate the police authorities competent and lay down the procedures, conditions and criteria of such checks.
Amendment 576 #
2017/0352(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 584 #
2017/0352(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Where the MID establishes a red link according to Article 32, data retention in the CIR shall be prolonged so that linked data referred to in Article 18 shall be stored in the CIR for the period corresponding data remains stored in at least one of the originating EU information systems.
Amendment 590 #
2017/0352(COD)
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 1 – point a
Article 24 – paragraph 4 – subparagraph 1 – point a
(a) only the national file reference;
Amendment 614 #
2017/0352(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where the data contained within an information system as referred to in paragraph 1 contains biometric data, the common identity repository (CIR) and the Central-SIS shall use the shared biometric matching service (shared BMS) in order to perform the multiple-identity detection. The shared BMS shall compare the biometric templates obtained from any new biometric data to the biometric templates already contained in the shared BMS in order to verify whether or not data belonging to the same third-country nationalperson is already stored in the CIR or in the Central SIS.
Amendment 616 #
2017/0352(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point h
Article 27 – paragraph 3 – point h
(h) [surname (family name); first name(s) (given names); previous name(s); pseudonym and/or alias name(s); date of birth, place of birth, nationality(ies) and gender as referred to in Article 5(1)(a) of the ECRIS- TCN Regulation.]
Amendment 653 #
2017/0352(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Without prejudice to limitations necessary to protect security and public order, prevent crime and guarantee that any national investigation will not be jeopardised, with particular emphasis to the provisions related to the handling of alerts in the SIS referred to in the [Regulations on SIS in the field of border checks, on SIS in the field of law enforcement and on SIS in the field of illegal return], and without prejudice to limitations necessary to protect security and public order, prevent crime and guarantee that any national investigation will not be jeopardised, where a red link is created, the authority responsible for verification of different identities shall inform the person of the presence of multiple unlawful identities.
Amendment 670 #
2017/0352(COD)
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
Amendment 692 #
2017/0352(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. The implementation of the UMF standard mayshall be considered in the SIS and in any existing or new cross-border information exchange models and information systems in the area of Justice and Home Affairs, developed by Member States or associated countries.
Amendment 695 #
2017/0352(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. eu-LISA shall establish, implement and host the CRRS in its technical sites containing the data referred to inin order to implement [Article 42(8) of the Eurodac Regulation], [Article 71 of the Regulation on SIS in the field of law enforcement] and [Article 30 of the ECRIS-TCN Regulation] and support the implementation of the analytical tasks by the Agencies referred to in (new) paragraph 2b, logically separated. The data contained in the CRRS shall not enable the identification of individuals. Access to the repository shall be granted by means of secured access through the Trans- European Services for Telematics between Administrations (TESTA) network service with control of access and specific user profiles, solely for the purpose of reporting and statistics, to the authorities referred to in [Article 42(8)63 of the EurodacES Regulation], Article 17 of Regulation (EC) No 767/2008, [Article 73 of the ETIAS Regulation], and [Article 7154 of the Regulation on SIS in the field of law enforcement] and [Article 30 of the ECRIS-TCN Regulation]border checks] and for the purpose of the implementation of the analytical tasks by the Agencies referred to in (new) paragraph 2a.
Amendment 696 #
2017/0352(COD)
Proposal for a regulation
Article 39 – paragraph 2 a (new)
Article 39 – paragraph 2 a (new)
2a. Europol may access data contained in the CRRS for the performance of its tasks referred to in Article 4 of Regulation (EU) 2016/794.
Amendment 697 #
2017/0352(COD)
Proposal for a regulation
Article 39 – paragraph 2 b (new)
Article 39 – paragraph 2 b (new)
2b. The European Border and Coast Guard Agency may access data contained in the CRRS for the performance of its analytical tasks referred to in Article 8 of Regulation (EU)2016/1624.
Amendment 750 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. In order to exercise their rights under Articles 13, 14, 15 and 16 of Regulation (EC) 45/2001 and Articles 15, 16, 17 and 18 of Regulation (EU) 2016/679, any person shall have the right to address him or herself to the Member State responsible for the manual verification of different identities stored in the MID or of any Member State, who shall examine and reply to the request.
Amendment 765 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Where, following an examination, it is found that the data stored in the multiple-identity detector (MID) are factually inaccurate or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall correct or delete these data.
Amendment 777 #
2017/0352(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
Personal data stored in or accessed by the interoperability components shall not be transferred or made available to any third country, to any international organisation or to any private party, unless such transfers may help to prevent an imminent serious threat to public security, e.g. posed by terrorists or other serious cross-border criminal organisations.
Amendment 780 #
2017/0352(COD)
Proposal for a regulation
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
The prohibition referred to in paragraph 1a of this Article shall not apply to personal data originating from those EU information systems for which the respective legal instruments allow for such a transfer.
Amendment 788 #
2017/0352(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Member States shall ensure that their supervisory authority has sufficient resources to fulfil the tasks entrusted to it under this Regulation. Member States shall grant the supervisory authority access to their logs when facts justify the assumption of severe data protection breaches without prejudice to constraints imposed by national security interests.
Amendment 878 #
2017/0352(COD)
Proposal for a regulation
Article 59 – paragraph 1 a (new)
Article 59 – paragraph 1 a (new)
1 a. Following the period referred to in paragraph 1, the Commission, in close cooperation with the ETIAS Central Unit shall create a network of liaison officers to be hosed in the ETIAS Central Unit and/or single points of contact of the competent Member States’ authorities for the performance of the task laid down in this Article.
Amendment 879 #
2017/0352(COD)
Proposal for a regulation
Article 59 – paragraph 1 b (new)
Article 59 – paragraph 1 b (new)
1 b. Member States and the ETIAS Central Unit, shall assess the need to extend the transitional period in which the ETIAS Central Unit performs the tasks referred to in this Article and/or whether the task implemented by the ECU should continue once the MID starts operations.
Amendment 880 #
2017/0352(COD)
6. eu-LISAMember States shall assist where necessary the ETIAS Central Unit in carrying out the multiple-identity detection referred to in this Article.
Amendment 922 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 8 – subparagraph 1 – introductory part
Article 68 – paragraph 8 – subparagraph 1 – introductory part
While respecting the provisions of national law on the publication of sensitive information and the necessary limitations deriving from matters of national security, each Member State and Europol shall prepare annual reports on the effectiveness of access to data stored in the common identity repository for law enforcement purposes, containing information and statistics on:
Amendment 208 #
2017/0351(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The interoperability between the EU information systems should allow said systems to supplement each other in order to facilitate the correct identification of persons, contribute to fighting identity fraud, improve and harmonise data quality requirements of the respective EU information systems, facilitate the technical and operational implementation by Member States of existing and future EU information systems, strengthen and simplify the data security and data protection safeguards that govern the respective EU information systems, streamline the law enforcementdesignated authorities’ access to the EES, the VIS, the [ETIAS] and Eurodac, and support the purposes of the EES, the VIS, the [ETIAS], Eurodac, the SIS and the [ECRIS-TCN system].
Amendment 215 #
2017/0351(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The proposal at hand constitutes a first step in creating a comprehensive framework of interoperable Union information systems. Additional information systems, including decentralised European and national systems, should be included in the future.
Amendment 239 #
2017/0351(COD)
(21) Personal data stored in these EU information systems may relate to the same persons but under different or incomplete identities. Member States dispose of efficient ways to identify their citizens or registered permanent residents in their territory, but the same is not true for third- country nationals. The interoperability between EU information systems should contribute to the correct identification of third-country nationals. The common identity repository (CIR) should store the personal data concerning third-country nationalpersons present in the systems that are necessary to enable the more accurate identification of those individuals, therefore including their identity, travel document and biometric data, regardless of the system in which the data was originally collected. Only the personal data strictly necessary to perform an accurate identity check should be stored in the CIR. The personal data recorded in the CIR should be kept for no longer than is strictly necessary for the purposes of the underlying systems and should be automatically deleted when the data is deleted in the underlying systems in accordance with their logical separation.
Amendment 249 #
2017/0351(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The common identity repository (CIR) should thus support the functioning of the multiple-identity detector and to facilitate and streamline access by law enforcementdesignated authorities to the EU information systems that are not established exclusively for purposes of prevention, investigation, detection or prosecution of serious crime.
Amendment 259 #
2017/0351(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to streamline and ensure the correct identification of a person, Member State authorities competent for preventing and combating irregular migration and competent authorities within the meaning of Article 3(7) of Directive 2016/680 should be allowed to query the common identity repository (CIR) with the biometric data of that person taken during an identity check.
Amendment 265 #
2017/0351(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Where the biometric data of the person cannot be used or if the query with that data fails, the query should be carried out with identity data of that person in combination with travel document data. Where the query indicates that data on that person are stored in the common identity repository (CIR), Member State authorities should have access to consult the identity data of that person stored in the CIR, withoutalso providing any indication as to which EU information system the data belongs to.
Amendment 269 #
2017/0351(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should also introduces a new possibility for streamlined access to data beyond identity data present in the EES, the VIS, [the ETIAS] or Eurodac by Member State designated law enforcement authorities and Europol. Data, including data other than identity data contained in those systems, may be necessary for the prevention, detection, investigation and prosecution of terrorist offences or serious criminal offences in a specific case.
Amendment 275 #
2017/0351(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Full access to the necessary data contained in the EU information systems necessary for the purposes of preventing, detecting and investigating terrorist offences or other serious criminal offences, beyond the relevant identity data covered under common identity repository (CIR) obtained using biometric data of that person taken during an identity check, should continue to be governed by the provisions in the respective legal instruments. The designated law enforcement authorities and Europol do not know in advance which of the EU information systems contains data of the persons they need to inquire upon. This results in delays and inefficiencies in the conduct of their tasks. The end-user authorised by the designated authority should therefore be allowed to see in which of the EU information systems the data corresponding to the query introduced are recorded. The concerned system would thus be flagged following the automated verification of the presence of a hit in the system (a so-called hit-flag functionality).
Amendment 286 #
2017/0351(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) The two-step data consultation approach is particularly valuable in cases where the suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence is unknown. In those cases the common identity repository (CIR) should enable identifying the information system that knows the person in one single search. By creating the obligation to use this new law enforcement access approach in these cases, access to the personal data stored in the EES, the VIS, [the ETIAS] and Eurodac should take place without the requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other Member States under Decision 2008/615/JHA. The principle of prior search effectively limits the possibility of Member State’ authorities to consult systems for justified law enforcement purpospurposes of preventing, detecting or investigating terrorist offences or other serious criminal offences and could thereby result in missed opportunities to uncover necessary information. The requirements of a prior search in national databases and the launch of a prior search in the automated fingerprint identification system of other Member States under Decision 2008/615/JHA should only cease to apply once the alternative safeguard of the two- step approach to law enforcementdesignated authorities’ access through the CIR has become operational.
Amendment 313 #
2017/0351(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) eu-LISA should establish automated data quality control mechanisms and common data quality indicators. eu- LISA should send out automatic and immediate warnings to the authority entering data if minimum data quality standards are not met. eu-LISA should be responsible to develop a central monitoring capacity for data quality and to produce regular data analysis reports to improve the control of implementation and application by Member States of EU information systems. The common quality indicators should include the minimum quality standards to store data in the EU information systems or the interoperability components. The goal of such a data quality standards should be for the EU information systems and interoperability components to automatically identify apparently incorrect or inconsistent data submissions so that the originating Member State is able to verify the data and carry out any necessary remedial actions.
Amendment 316 #
2017/0351(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The Universal Message Format (UMF) should establish a standard for structured, cross-border information exchange between information systems, authorities and/or organisations in the field of Justice and Home affairs, including SIS. UMF should define a common vocabulary and logical structures for commonly exchanged information with the objective to facilitate interoperability by enabling the creation and reading of the contents of the exchange in a consistent and semantically equivalent manner.
Amendment 355 #
2017/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation, together with [Regulation 2018/xx on interoperability police and judicial cooperation, asylum and migration], establishes a framework to ensure the interoperability between the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, the Schengen Information System (SIS), and [the European Criminal Records Information System for third-country nationals (ECRIS-TCN)] in order for those systems and data to supplement each otherand to add significant value in the identification of terrorist and international criminal networks by bringing together relevant information..
Amendment 365 #
2017/0351(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Regulation also adapts the procedures and conditions for Member State law enforcementdesignated authorities and for the European Union Agency for Law Enforcement Cooperation (Europol) access to the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS),] and Eurodac for the purposes of the prevention, detection and investigation of terrorist offences or of other serious criminal offences falling under their competence.
Amendment 367 #
2017/0351(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. This Regulation also provides the option for Member States to use national legislative measures to empower police authorities to query the CIR for the purpose of identifying a person as well as to prevent and fight illegal migration and to preserve public security.
Amendment 378 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) to aid in in the identification of unknown persons who are unable to identify themselves or unidentified human remains in cases of natural disasters, accidents or terrorist attacks.
Amendment 383 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) ensuring and streamlining the correct identification of persons;
Amendment 395 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) streamlining the conditions for law enforcementdesignated authorities’ access to the EES, the VIS, [the ETIAS] and Eurodac;
Amendment 398 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point g a (new)
Article 2 – paragraph 2 – point g a (new)
(ga) supporting eu-LISA and Member States in providing training and education to experts and users of interoperability components.
Amendment 407 #
2017/0351(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 18
Article 4 – paragraph 1 – point 18
(18) ‘EU information systems’ means the large-scale IT systems operationally managed by eu- LISA;
Amendment 453 #
2017/0351(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the EU information systems, the Europol data and the Interpol databases that shall and may be consulted and that shall provide a reply to the user, whereby it shall be ensured that access according to access rights is technically ensured; and
Amendment 492 #
2017/0351(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. In both scenarios, and until the technical failure is addressed, the obligation referred to in Article 7(2) and (4) shall not apply and Member States may access the information systems referred to in Article 9(1) or the CIR directly using their respective national uniform interfaces or national communication infrastructures.
Amendment 516 #
2017/0351(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point g a (new)
Article 13 – paragraph 1 – point g a (new)
(ga) the biometric data processed by Europol.
Amendment 543 #
2017/0351(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. A common identity repository (CIR), creating an individual file for each person that is recorded in the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN system] containing the data referred to in Article 18, is established for the purpose of facilitating and assisting the correct identification of persons registered in the EES, the VIS, [the ETIAS], the Eurodac and [the ECRIS-TCN system], of supporting the functioning of the multiple- identity detector and of facilitating and streamlining access by law enforcementdesignated authorities to non-law enforcement information systems at EU level, where necessary for the prevention, investigation, detection or prosecution of serious crime.
Amendment 549 #
2017/0351(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point e
Article 18 – paragraph 1 – point e
(e) – (not applicable) [the data referred to in Article 5(1)(b) and 5(2) and the following data of Article 5(1)(a) of the ECRIS-TCN Regulation: surname or family name; first name(s) (given name(s)); sex; date of birth; place and country of birth; nationality or nationalities; gender and where applicable previous names, pseudonyms(s) and/or alias name(s) as well as information on travel documents.]
Amendment 560 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where a Member State police authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, solely for the purpose of identifying a person, query the CIR with the biometric data of that person taken during an identity check. Such checks shall not be limited to cases where the designated authority personnel was unable to identify a person on the basis of a travel document or provision of identity data or where there were doubts as to the authenticity of the travel document or the identity of its holder.
Amendment 562 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
Where the query indicates that data on that person is stored in the CIR, the Member States authority shall have access to consult the data referred to in Article 18(1). The consultation shall reveal in any case to which Union information system the data belongs.
Amendment 565 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Where there is a national legal basis, Member States' designated authorities may query the CIR to identify unknown persons unable to identify themselves or unidentified human remains in cases of natural disasters, accidents or terrorist attacks with the biometric data of those persons.
Amendment 566 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 1 b (new)
Article 20 – paragraph 1 b (new)
1b. Where a Member State police authority was unable to identify a person on the basis of a travel document or with the identity data provided by that person following rules and procedures provided for in national law or where there are doubts as to the authenticity of the travel document or the identity of its holder or where accessing the CIR may contribute to preventing and fighting illegal migration as well as to preserving public security, the authority shall be able to query the CIR in accordance with the rules provided for in paragraphs 1 and 2.
Amendment 567 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member States wishing to avail themselves of the possibility provided for in this Article shall adopt national legislative measures. Such legislative measures shall specify the precise purposes of identity checks within the purposes referred to in Article 2(1)(b) and (c). They shall designate the police authorities competent and lay down the procedures, conditions and criteria of such checks.
Amendment 582 #
2017/0351(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 590 #
2017/0351(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Where the MID establishes a red link according to Article 32, data retention in the CIR shall be prolonged as to linked data referred to in Article 18 shall be stored in the CIR for the period corresponding data remains stored in at least one of the originating EU information systems.
Amendment 596 #
2017/0351(COD)
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 1 – point a
Article 24 – paragraph 4 – subparagraph 1 – point a
(a) only the national file reference;
Amendment 624 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Where the data contained within an information system as referred to in paragraph 1 contains biometric data, the common identity repository (CIR) and the Central-SIS shall use the shared biometric matching service (shared BMS) in order to perform the multiple-identity detection. The shared BMS shall compare the biometric templates obtained from any new biometric data to the biometric templates already contained in the shared BMS in order to verify whether or not data belonging to the same third-country nationalperson is already stored in the CIR or in the Central SIS.
Amendment 630 #
2017/0351(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point h
Article 27 – paragraph 3 – point h
(h) – (not applicable).[surname (family name); first name(s) (given names); previous name(s); pseudonym and/or alias name(s); date of birth, place of birth, nationality(ies) and gender as referred to in Article 5(1)(a) of the ECRIS-TCN Regulation.]
Amendment 669 #
2017/0351(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Without prejudice to limitations necessary to protect security and public order, prevent crime and guarantee that any national investigation will not be jeopardised, with particular emphasis to the provisions related to the handling of alerts in the SIS referred to in the [Regulations on SIS in the field of border checks, on SIS in the field of law enforcement and on SIS in the field of illegal return], and without prejudice to limitations necessary to protect security and public order, prevent crime and guarantee that any national investigation will not be jeopardised, where a red link is created, the authority responsible for verification of different identities shall inform the person of the presence of multiple unlawful identities.
Amendment 686 #
2017/0351(COD)
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
In case of the establishment of a red link between data in the CIR, the identity confirmation files and its data, including the red link, shall be stored in the MID only for as long as the corresponding data are stored in at least one of the originating EU information systems.
Amendment 706 #
2017/0351(COD)
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. The implementation of the UMF standard mayshall be considered in the VIS, the SIS and in any existing or new cross- border information exchange models and information systems in the area of Justice and Home Affairs, developed by Member States or associated countries.
Amendment 709 #
2017/0351(COD)
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. eu-LISA shall establish, implement and host the CRRS in its technical sites contain ing the data referred to in order to implement [Article 63 of the EES Regulation], Article 17 of Regulation (EC) No 767/2008, [Article 73 of the ETIAS Regulation] and [Article 54 of the Regulation on SIS in the field of border checks] and support the implementation of the analytical tasks by the Agencies referred to in (new) paragraph 2b, logically separated. The data contained in the CRRS shall not enable the identification of individuals. Access to the repository shall be granted by means of secured access through the Trans- European Services for Telematics between Administrations (TESTA) network service with control of access and specific user profiles, solely for the purpose of reporting and statistics, to the authorities referred to in [Article 63 of the EES Regulation], Article 17 of Regulation (EC) No 767/2008, [Article 73 of the ETIAS Regulation] and [Article 54 of the Regulation on SIS in the field of border checks], and for the purpose of the implementation of the analytical tasks by the Agencies referred to in (new) paragraph 2a.
Amendment 710 #
2017/0351(COD)
Proposal for a regulation
Article 39 – paragraph 2 a (new)
Article 39 – paragraph 2 a (new)
2a. Europol may access data contained in the CRRS for the performance of its tasks referred to in Article 4 of Regulation (EU) 2016/794.
Amendment 711 #
2017/0351(COD)
Proposal for a regulation
Article 39 – paragraph 2 b (new)
Article 39 – paragraph 2 b (new)
2b. The European Border and Coast Guard Agency may access data contained in the CRRS for the performance of its analytical tasks referred to in Article 8 of Regulation (EU)2016/1624.
Amendment 764 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. In order to exercise their rights under Articles 13, 14, 15 and 16 of Regulation (EC) 45/2001 and Articles 15, 16, 17 and 18 of Regulation (EU) 2016/679, any person shall have the right to address him or herself to the Member State responsible for the manual verification of different identities stored in the MID or of any Member State, who shall examine and reply to the request.
Amendment 779 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Where, following an examination, it is found that the data stored in the multiple-identity detector (MID) are factually inaccurate or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall correct or delete these data.
Amendment 795 #
2017/0351(COD)
Proposal for a regulation
Article 48 – paragraph 1 a (new)
Article 48 – paragraph 1 a (new)
The prohibition referred to in paragraph 1a of this Article shall not apply to personal data originating from those EU information systems for which the respective legal instruments allow for such a transfer.
Amendment 803 #
2017/0351(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Member States shall ensure that their supervisory authority has sufficient resources to fulfil the tasks entrusted to it under this Regulation. Member States shall grant the supervisory authority access to their logs when facts justify the assumption of severe data protection breaches without prejudice to constraints imposed by national security interests.
Amendment 964 #
2017/0351(COD)
Proposal for a regulation
Article 59 – paragraph 1 a (new)
Article 59 – paragraph 1 a (new)
1 a. Following the period referred to in paragraph 1, the Commission, in close cooperation with the ETIAS Central Unit shall create a network of liaison officers to be hosed in the ETIAS Central Unit and/or single points of contact of the competent Member States’ authorities for the performance of the task laid down in this Article.
Amendment 965 #
2017/0351(COD)
Proposal for a regulation
Article 59 – paragraph 1 b (new)
Article 59 – paragraph 1 b (new)
1 b. Member States and the ETIAS Central Unit, shall assess the need to extend the transitional period in which the ETIAS Central Unit performs the tasks referred to in this Article and/or whether the task implemented by the ECU should continue once the MID starts operations.
Amendment 966 #
2017/0351(COD)
Proposal for a regulation
Article 59 – paragraph 6
Article 59 – paragraph 6
6. eu-LISAMember States shall assist where necessary the ETIAS Central Unit in carrying out the multiple-identity detection referred to in this Article.
Amendment 1008 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 8 – subparagraph 1 – introductory part
Article 68 – paragraph 8 – subparagraph 1 – introductory part
While respecting the provisions of national law on the publication of sensitive information and the necessary limitations deriving from matters of national security, each Member State and Europol shall prepare annual reports on the effectiveness of access to data stored in the common identity repository for law enforcement purposes, containing information and statistics on:
Amendment 61 #
2017/0245(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) However, experience has shown that certain serious threats to public policy or internal security, such as cross-border terrorist threats or specific cases of secondary movements of irregular migrants within the Union that justified the reintroduction of border controls, may persist well beyond the above periodmay persist well beyond the currently authorized maximum periods of six months. It is therefore neededcessary and justified to adjust the time limits applicable to the temporary reintroduction of border control to the current needs, while ensuring that this measure is not abused and remains an exception, to be used only as a last resort. To that end, the general deadline applicable under Article 25 of the Schengen Borders Code should be extended to one year.
Amendment 65 #
2017/0245(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) However, experience has shown that certain serious threats to public policy or internal security, such as cross-border terrorist threats or specific cases of secondary movements of irregular migrants within the Union that justified the reintroduction of border controls, may persist well beyond the above periods. It is therefore needed and justified to adjust the time limits applicable to the temporary reintroduction of border control to the current needs, while ensuring that this measure is not abused and remains an exception, to be used only as a last resort. To that end, the general deadline applicable under Article 25 of the Schengen Borders Code should be extended to onetwo years.
Amendment 87 #
2017/0245(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In order to make the revised rules better adapted to the challenges related to persistent serious threats to public policy or internal security, a specific possibility should be provided to prolong internal border controls beyond one year. Such prolongation should accompany commensurate exceptional national measures also taken within the territory to address the threat, such as a state of emergencddressing terrorist threats and serious cross-border crime also taken within the territory. In any case, such a possibility should not lead to the further prolongation of temporary internal border controls beyond twofour years.
Amendment 118 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders for a limited period of up to 360 days, or for the foreseeable duration of the serious threat if its duration exceeds 360 days, but not exceeding six monthsone year. The scope and duration of the temporary reintroduction of border control at internal borders shall not exceed what is strictly necessary to respond to the serious threat.
Amendment 126 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 3
Article 25 – paragraph 3
3. If the serious threat to public policy or internal security in the Member State concerned persists beyond the period provided for in paragraph 1 of this Article, that Member State may prolong border control at its internal borders, taking account of the criteria referred to in Article 26 and in accordance with Article 27, on the same grounds as those referred to in paragraph 1 of this Article and, taking into account any new elements, for renewable periods corresponding to the foreseeable duration of the serious threat and not exceeding six monthsone year.
Amendment 132 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 4 – subparagraph 1
Article 25 – paragraph 4 – subparagraph 1
The total period during which border control is reintroduced at internal borders, including any prolongation provided for under paragraph 3 of this Article, shall not exceed onetwo years.
Amendment 136 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 4 – subparagraph 2
Article 25 – paragraph 4 – subparagraph 2
In the exceptional cases referred to in Article 27a, the total period may be further extended by a maximum length of twofour years in accordance with that Article.
Amendment 141 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 4 – subparagraph 3
Article 25 – paragraph 4 – subparagraph 3
Where there are exceptional circumstances as referred to in Article 29, the total period may be extended by a maximum length of twofour years, in accordance with paragraph 1 of that Article.
Amendment 143 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/399
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. Member States shall moreover launch proactively risk-assessments if certain facts give reason to believe that a particular border region is disproportionately affected by serious cross-border crime. If the risk assessments confirm such an assumption and after notifying the Commission, Member States may introduce temporary localised border controls tailored at the particular identified risks. This shall be accompanied with intensified cross-border cooperation, coordination and mandatory information exchange between law enforcement, border protection agencies and public prosecutors of the involved Member States. Furthermore, such routes shall be equipped and strengthened with the necessary technical tools. Such temporary measures shall be designed as little intrusive as possible for regular border traffic and economic activity. The maximum periods as provided under paragraph 1 to 4 of this Article shall apply.
Amendment 188 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 27 a – paragraph 1
Article 27 a – paragraph 1
1. In exceptional cases, where the Member State is confronted with the same serious threat to public policy or internal security beyond the period referred to in Article 25(4) first sentence, and where commensurate exceptionalspecific national measures are also taken within the territory to address thise terrorist or serious cross- border crime threat, the border control as temporarily reintroduced to respond to that threat may be further prolonged in accordance with this Article.
Amendment 203 #
2017/0245(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2016/399
Article 27 a – paragraph 4
Article 27 a – paragraph 4
4. The Council, taking due account of the opinion of the Commission, may recommend that the Member State decide to further prolong border control at internal borders for a period of up to six months. That period may be prolonged, no more than three times, for a further period of up to six months. In its recommendation, the Council shall at least indicate the information referred to in Article 27(1) (a) to (e). Where appropriate, it shall determinerecommend the conditions for cooperation between the Member States concerned, which shall include the creation of joint investigation teams.
Amendment 122 #
2017/0145(COD)
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 3
Article 13 – paragraph 4 – subparagraph 3
Where a backup site or a second technical site is provided for in the legislative instruments governing the development, establishment, operation and use of each of the systems, this site shall be installed in Sankt Johann im Pongau, Austriais required to ensure full functionality of the systems, this site shall be installed in Sankt Johann im Pongau, Austria. With regard to the implementation of new systems, the Management Board together with the Commission shall evaluate and assess the specific requirements of these systems and recommend technical solutions that ensure best use of and connectivity with the backup site. The backup site may be used simultaneously for active operation of the large-scale IT systems provided that it remains capable of ensuring operation in the event of a failure of one or more of the systems.
Amendment 77 #
2017/0143(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) A legislative framework for a PEPP will lay the foundations for a successful market in affordable and voluntary retirement-related investments that can be managed on a pan-European scale. By complementing the existing pension products and schemes, it will contribute to meeting the needs of people wishing to enhance the adequacy of their retirement savings, addressing the demographical challenge and the pension gap, and providing a powerful new source of private capital for long-term investment. This framework will not replace or harmonise existing national personal products or occupational pension schemes.
Amendment 84 #
2017/0143(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) The way in which institutions for occupational retirement provision (IORPs) are organised and regulated varies significantly between Member States. In some Member States these institutions are only allowed to carry out occupational pension activities whereas in other Member States they are allowed to carry out occupational and personal pension activities. This has not only lead to different organisational structures of IORPs but is also accompanied by different regulation on national level. In particular, prudential regulation of IORPs which carry out occupational and personal pension activities is broader than of those IORPs which only carry out occupational pension activities. In order not to jeopardise financial stability and to take into account the different organisational structure and regulation, only those IORPs should be allowed to provide PEPPs which, pursuant to national law, are authorised to provide personal pension products. Moreover and to further safeguard financial stability, all assets and liabilities corresponding to PEPP provision business should be ring- fenced, managed and organised separately from the other activities of occupational retirement provision, without any possibility of transfer for the provider.
Amendment 313 #
2017/0143(COD)
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. The information under paragraph 1 shall be filed electronically in a central database held with the national supervisory authority within one month of opeEIOPA within one month of opening the new compartment. The database shall be accessible to the national competent authorities, who shall automatically receive information concerning the newlocal compartment ands in the case of any changes. The database shall contain at least:
Amendment 368 #
2017/0143(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Before a contract is concluded, PEPP providers shall give PEPP savers an overview of likely asset performance over the term of the contract, including asset growth, in addition to all expected costs, and assuming an average inflation rate of 4% on which to base the overall calculation.
Amendment 369 #
2017/0143(COD)
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23b Section on costs: The likely direct and indirect costs associated with a PEPP investment, aggregated and expressed as a percentage of the invested assets in order to ensure direct comparability.
Amendment 444 #
2017/0143(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point 1 (new)
Article 37 – paragraph 1 – point 1 (new)
(1) When a capital guarantee is provided, it should be a long-term guarantee provided at the end of accumulation period and should not apply on investment switches in between.
Amendment 463 #
2017/0143(COD)
Proposal for a regulation
Article 46 – paragraph 3 – introductory part
Article 46 – paragraph 3 – introductory part
3. Within twofive working days from receipt of the authorisationrequest referred to in paragraph 2, the receiving PEPP provider shall request the transferring PEPP provider to carry out the following tasks, if provided for in the PEPP saver’s authorisation:request: (a) transmit to the receiving PEPP provider and, if specifically requested by the PEPP saver, to the PEPP saver, a list of the existing amounts that are being switched; (b) transfer any remaining positive balance to the PEPP account held with the receiving PEPP provider on from the date specified by the PEPP saver; and (c) close the PEPP account held with the transferring PEPP provider from the date specified by the PEPP saver.
Amendment 61 #
2017/0102(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to maximise the impact of the European Solidarity Corps, provisions should be made to allow other Union programmes such as the Asylum, Migration and Integration Fund, the Europe for Citizens programme, the European Regional Development Fund and the Health Programme to contribute to the objectives of the European Solidarity Corps by supporting activities within its scope. This contribution should be financed in accordance with the respective basic acts of the concerned programmes. Once they have obtained a valid European Solidarity Corps quality label, the beneficiarieparticipating organisations should be given access to the European Solidarity Corps portal and receive the quality and support measures provided according to the type of activity offered.
Amendment 85 #
2017/0102(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Young people’s spirit of initiative is an important asset for society and for the labour market. The European Solidarity Corps should contribute to fostering this aspect by offering young people the opportunity to devise and implement their own projects aimed at addressing specific challenges to the benefit of their local communities. Those projects should be an opportunity to try out ideadevelop innovative ideas and embryonic solutions and support young people to be themselves drivers of solidarity actions. They could also serve as a springboard for further engagement in solidarity activities and could be a first step towards encouraging European Solidarity Corps participants to engage in self- employmentbecome active as social entrepreneurs or setting up associations, NGOs or other bodies active in the solidarity, non-profit and youth sectors.
Amendment 95 #
2017/0102(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Particular attention should be paid to ensuring the quality of the placements and other opportunities offered under the European Solidarity Corps, in particular by offering training, language support, insurance, administrative and pre- and post- placement support to participants as well as the validation of the knowledge, skills and competences acquired through their European Solidarity Corps experience. Post-placement mentoring should focus in particular on encouraging participants to maintain their social commitment after leaving the Solidarity Corps.
Amendment 97 #
2017/0102(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) To ensure the impact of European Solidarity Corps placements on the personal, educational, social, civic and professional development of the participants, the knowledge, skills and competences that are the learning outcomes of the placement should be properly identified and, documented, tested and certified, in accordance with national circumstances and specificities, as recommended in the Council Recommendation of 20 December 2012 on the validation of non-formal and informal learning22. __________________ 22 Council Recommendation of 20 December 2012 on the validation of non- formal and informal learning, OJ C 398, 22.12.2012, p. 1.
Amendment 108 #
2017/0102(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) A European Solidarity Corps Portal should continuously be developed in order to ensure easy access to the European Solidarity Corps and to provide a one-stop shop for both interested individuals and organisations as regards, inter alia, registration, identification and matching of profiles and opportunities, networking and virtual exchanges, information on existing solidarity placements or projects and on participating organisations, relevant Union and national contact points, online training, language and pre- and post- placement support, as well as other useful functionalities, which may arise in the future.
Amendment 118 #
2017/0102(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure continuity in the activities supported by the programmes contributing to the European Solidarity Corps, the financial support to solidarity placements and projects should indicatively follow an 8 70%-230% split between volunteering placements and solidarity projects on the one hand and traineeship and job placements on the other hand.
Amendment 119 #
2017/0102(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to maximise the impact of the European Solidarity Corps, provisions should be made to allowfor participating countries to make additional national funding available in accordance with the rules of the European Solidarity Corps.
Amendment 125 #
2017/0102(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European Solidarity Corps should target young people aged 186-30. Participation in the activities offered by the European Solidarity Corps should require prior registration in the European Solidarity Corps Portal.
Amendment 126 #
2017/0102(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European Solidarity Corps should target young people aged 186-30. Participation in the activities offered by the European Solidarity Corps should require prior registration in the European Solidarity Corps Portal.
Amendment 132 #
2017/0102(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) An entity willing to apply for funding to offer placements under the European Solidarity Corps should have first received a quality label as a precondition. This requirement should not apply to natural persons seeking financial support on behalf of an informal group of European Solidarity Corps participants for their solidarity projects.
Amendment 146 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) “solidarity activity” means an activity aimed at addressing unmet societal needs to the benefit of a community while also fostering the individual’s personal, educational, social, civic and professional development, which may take the form of placements, projects or networking activities, developed in relation to different areas, such as education and training, employment, gender equality, entrepreneurship, in particular social entrepreneurship, citizenship and democratic participation, environment and nature protection, climate action, disaster prevention, preparedness and recovery, agriculture and rural development, provision of food and non-food items, health and wellbeing, creativity and culture, physical education and sport, social assistance and welfare, reception and integration of third-country nationals, territorial cooperation and cohesion;
Amendment 161 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) “volunteering” means a full-time32n unpaid voluntary service within a public authority or a participating organisation in the non- profit sector, either full-time32, part-time or during free time, for a period of up to twelve months, which provides young people with the opportunity to contribute to the daily work of organisations active in solidarity-related fields, to the ultimate benefit of the communities within which the activities are carried out, including a solid learning and training dimension in order to enable the young volunteer(s) to gain skills and competences, which will be useful for their personal, educational, social and professional development, and which will also contribute to improving their employability; __________________ 32 As a general principle, an activity carried out continuously, 5 days a week for 7 hours a day.
Amendment 204 #
2017/0102(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) to ensure that the solidarity activities that are offered to the European Solidarity Corps participants contribute to addressing concrete, unmet societal needs and strengthening communities, are of high quality and properly validated.
Amendment 225 #
2017/0102(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The financial support to solidarity placements and projects referred to in paragraphs (a) and (b) of Article 7(1) shall indicatively be 750% for volunteering placements and solidarity projects; and 430% for traineeship and job placements.
Amendment 227 #
2017/0102(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Young people aged 176 to 30 years willing to participate in the European Solidarity Corps shall register in the European Solidarity Corps Portal. However, at the moment of commencing a placement or a project a registered young person shall be at least 18 years of age and not older than 30.
Amendment 234 #
2017/0102(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Any public or private entity established in a participating country as well as international organisations carrying out solidarity activities in the participating countries may apply for funding under the European Solidarity Corps. In the case of the activities referred to in point (a) of Article 7(1), a quality label shall be obtained by the participating organisation as a pre-condition for receiving funding under the European Solidarity Corps. In the case of the solidarity projects referred to in point (b) of Article 7(1), natural persons may also apply for funding on behalf of informal groups of European Solidarity Corps participants.
Amendment 29 #
2017/0085(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Release from employment in order to act as a carer is not the same thing as a holiday; providing care is work. Terms such as ‘maternity leave’, ‘paternity leave’, ‘parental leave’ or ‘carer’s leave’ are therefore misleading and should be rejected. The uniform use of the term ‘release’ would therefore make more sense.
Amendment 30 #
2017/0085(COD)
Proposal for a directive
Recital 4
Recital 4
(4) All EU Member States are party to the United Nations' Convention on the Rights of People with Disabilities and more generally have to promote and protect all fundamental rights enshrined in the Universal Declaration of Human Rights. Furthermore, point (x) of the Preamble to the Convention underlines the conviction that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State, and that persons with disabilities and their family members should receive the necessary protection and assistance to enable families to contribute towards the full and equal enjoyment of the rights of persons with disabilities. The Union is party to the United Nations' Convention on the Rights of People with Disabilities. The provisions of that Convention are thus, from the time of its entry into force, an integral part of the European Union legal order and Union legislation must as far as possible be interpreted in a manner that is consistent with the Convention. The Convention provides, among other things, in its Article 7 that Parties shall take all necessary measures to ensure the full enjoyment by children with disabilities of all human rights and fundamental freedoms on an equal basis with other children.
Amendment 44 #
2017/0085(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Policies addressing work/life balance in relation to informal carers – who currently provide 80% of all care across the EU, free of charge - are relevant and commensurate with the challenges posed by demographic changes. These will contribute to mitigating the effects of an increasing care demand on the one hand side, and the trend towards smaller and more geographically dispersed families as well as increasing number of women entering the labour market, decreasing the informal care potential on the other. The prevalence of informal care in Europe coupled with the pressure on public expenditure in some countries renders this form of support even more important in the future. It is therefore clear that informal care needs to be supported and measures that enable carers to combine care with work are indispensable in this respect.
Amendment 53 #
2017/0085(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The 2013 European Parliament Own Initiative Report entitled ‘Impact of the crisis on access to care for vulnerable groups’ (2013/2044) specifically calls for a Directive on Carers’ Leave.
Amendment 55 #
2017/0085(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
Amendment 62 #
2017/0085(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Work-life balance remains however a considerable challenge for many parents and workers with caring responsibilities, with a negative impact on female employment. A major factor contributing to the underrepresentation of women in the labour market is the difficulty of balancing work and family obligations. When they have children, women tend to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities. Having an ill or dependent relative has also been shown to have a negative impact on female employment, leading some women to drop out of the labour market entirely. This in turn has negative financial consequences, as the social security and pension rights of these carers may be affected as a result. Research and practice also demonstrate the business case in addressing the needs of working carers, including outcomes such as reduced absenteeism, attracted and retained staff, and better motivation of staff.
Amendment 79 #
2017/0085(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The availability of quality, accessible and affordable care infrastructures – supporting childcare as well as care for other dependants – has proved to be a crucial aspect to work-life balance policies that facilitate rapid return to work (after giving birth) and retaining work (by carers for other dependants).
Amendment 103 #
2017/0085(COD)
Proposal for a directive
Recital 11
Recital 11
(11) This Directive lays down minimum requirements related to paternity, parental and carers' leave and to flexible working arrangements for parents and workers with caring responsibilities. By facilitating the reconciliation of work and family life for parents and carers, this Directive should contribute to the Treaty-based goals of equality between men and women with regard to labour market opportunities, equal treatment at work and the promotion of a high level of employment in the Union. It is also totally in line with current demographic developments, such as increasing care needs due to the ageing of society on the one hand and the diminishing informal care potential on the other (due to smaller and more dispersed families and increasing female labour market participation), which call for a combination of investments in appropriate long-term care services and practical measures that allow carers to maintain an active professional life. It needs to be borne in mind that 80 % of all care provided across the EU is provided by (unpaid) informal carers (75% of these carers are women).
Amendment 136 #
2017/0085(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to provide greater possibility for parents to use parental leave as their children grow up, the right to parental leave should be granted until the child is at least twelven years old. Member States should be able to specify the period of notice to be given by the worker to the employer when applying for parental leave and to decide whether the right to parental leave may be subject to a certain period of service, taking into particular account the constraints of micro and small and medium-sized enterprises (MSMEs). In view of the growing diversity of contractual arrangements, the sum of successive fixed-term contracts with the same employer should be taken into account for the purpose of calculating the period of service. To balance the needs of workers with those of employers, Member States should also be able to decide whether they define if the employer may be allowed to postpone the granting of parental leave under certain circumstances. In such cases, the employer should provide justification for the postponement. Given that flexibility makes it more likely that second parents, in particular fathers, will take up their entitlement to such leave, workers should be able to request to take parental leave on a full-time or part-time basis or in other flexible forms. It should be up to the employer whether or not to accept such a request for parental leave in other flexible forms than full-time. Member States should also assess if the conditions and detailed arrangements of parental leave should be adapted to the specific needs of parents in particularly disadvantaged situations.
Amendment 165 #
2017/0085(COD)
Proposal for a directive
Recital 17
Recital 17
(17) In order to provide greater opportunities to remain in the work force for men and women carrying ofor elderly family member and/or other relatives in need of care, workers with a seriously ill or dependant relativerelative in need of care or support due to a disability or a mental or physical health condition should have the right to take time off from work in the form of carers' leave to take care of that relative. To prevent abusehis not only reflects the current care provision reality, with increasing care needs ofn that right, proof of the serious illness or dependency maye one hand (due to societal ageing) and a deficit in the supply of formal long-term care options, it will help carers to maintain their attachment to the labour market and prevent them from dropping out altogether when faced with a particularly intensive period of care. Informal care is the bedrock of care provision and carers need to be enabled to care. To prevent abuse of that right, medical proof of the serious medical condition should be required prior to granting of the leave.
Amendment 182 #
2017/0085(COD)
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workers with children and caring responsibilities, men in particular, to take the periods of leave provided for in this Directive, they should have the right to an adequate allowance while on leave. The existence and level of thean allowance should be at least equivalent to what the worker concerned would receive in case of sick leavis to be determined at Member States level, while taking into account national frameworks already in place. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 206 #
2017/0085(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to encourage working parents and carers to remain in the work force, those workers should be able to adapt their working schedules to their personal needs and preferences. Working parents and carers should therefore be able to request flexible working arrangements, meaning the possibility for workers to adjust their working patterns, including through the use of remote working arrangements, flexible working schedules, or a reduction in working hours, for caring purposes. In order to address the needs of workers and employers, it should be possible for Member States to limit the duration of flexible working arrangements, including a reduction in working hours. While working part-time has been shown to be useful in allowing some women to remain in the labour market after having children or taking care of other dependants with a chronic care need, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. In the case of many carers, this can lead to financial hardship, due to loss of direct as well as of future income, while the provision of informal care is ultimately a sizeable contribution to society as well as to tight health and social budgets. The ultimate decision as to whether or not to accept a worker’s request for flexible working arrangements should lie with the employer, taking into account the difficulties that flexible working arrangements may cause to MSMEs. Specific circumstances underlying the need for flexible working arrangements can change. Workers should therefore not only have the right to return to their original working patterns at the end of a given agreed period, but should also be able to request to do so at any time where a change in the underlying circumstances so requires.
Amendment 228 #
2017/0085(COD)
Proposal for a directive
Recital 25
Recital 25
Amendment 242 #
2017/0085(COD)
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) In order to enhance the adoption of work-life balance measures, Member States should promote voluntary certification systems assessing the performance of public and private organisations. The implementation of the certification systems should be fostered through incentive measures.
Amendment 251 #
2017/0085(COD)
Proposal for a directive
Recital 30
Recital 30
(30) TMember States are encouraged to ensure that employers are not overly burdened by the financial obligations resulting from this Directive. In particular, this Directive should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakingMSMEs. Member States are therefore invited to assess the impact of their transposition act on MSMEs in order to make sure that MSMEs are not disproportionately affected, with specific attention for micro-enterprises and for administrative burden.
Amendment 262 #
2017/0085(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) Member States should take the measures required to ensure that enough places are available in high-quality, accessible and affordable childcare facilities so that the requirements of this Directive can feasibly be met. In that connection, Member States should support and develop existing models, such as social farming.
Amendment 275 #
2017/0085(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive applies to all workers, men and women, who have an employment contract or employment relationship as defined by law, collective agreement and/or practices in force in each Member State, in accordance with the criteria for determining the status of a worker as established by the case law of the Court of Justice of the European Union.
Amendment 287 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) "paternity leave" means paid leave from work for fathers or an equivalent second parent as defined in national law to be taken on the occasion of the birth or adoption of a child;
Amendment 301 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) “parental leave” means paid leave from work on the grounds of the birth or adoption of a child to take care of that child;
Amendment 310 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) "carer" means a worker providing personal care or support in case of a serious illness or dependency of a relative;to a relative of any age in need of care or support due to a serious illness, disability or mental or physical dependency. “Serious illness” means a long-term medical condition that may be difficult to diagnose, and prevents the person from assuming essential and practical daily tasks, as a consequence of the disease symptoms, the disability generated, the treatment or the complex care pathway.
Amendment 327 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) "carers’ leave" means leave from work for carers in order to provide personal care or support to a relative in need of care or support due to a serious disability or a mental or physical health condition;
Amendment 333 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) "relative" means a worker's first- degree relatives (son, daughter, mother, father, sibling), and second-degree relatives (uncles, aunts, nephews, nieces, grandparents, grandchildren, half- siblings), as well as spouse or partner in civil partnership, where such partnerships are envisaged by national law, step- and foster children, both in the own and in the spouse’s or partner’s family;
Amendment 350 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) "“dependency"” means a situationtate in which a person is, temporarily or permanently, in need of care due to disability or a serious medical condition other than serious illness;and not able to take responsibility over normal activities due to a medical condition or disability.
Amendment 410 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers have an individual right to parental leave of at least four months to be taken before the child reaches a given age which shall be at least twelven.
Amendment 420 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where Member States allow one parent to transfer their parental leave entitlement to the other parent, they shall ensure that at least four months of parental leave cannot be transferred. Where Member States allow parents more parental leave than the four months in the present directive, a limited amount of it should be transferrable not only to the other parent, but also to persons effectively taking care of the child, such as working grandparents.
Amendment 457 #
2017/0085(COD)
Proposal for a directive
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. Member States shall establish notice periods to be given by the worker to the employer when exercising the right to parental leave. Such notice shall include the beginning and the end of the period of leave. Member States shall take into consideration the interests of workers and of employers when determining the lengths of such notice periods - this will help employers in the reorganisation of work;
Amendment 478 #
2017/0085(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that workers have the right to carers'’ leave of at least five working days per year, per worker. Such right may be subject to appropriate substantiation of the medical condition of the worker's relativphysical or mental health condition or disability of the person in need for care and support and, if possible, the persons’ will to receive care and support from this relative. The information on the medical condition or situation of loss of autonomy should be kept confidential and be shared only with a restricted number of involved services to safeguard the right to data protection of both the worker and the person in need of care.
Amendment 510 #
2017/0085(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
In accordance with national circumstances, such as national law, collective agreements and/or practice, and taking into account the powers delegated to social partners, Member States shall ensure that workers exercising the rights to leave referred to in Article 4, 5 or 65 will receive a payment or an adequate allowance at least equivalent to what the worker concerned would receive in case of sick lean adequate compensation to be determined by each EU country and/or the national social partners during the transposition phase of the directive.
Amendment 538 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take the necessary measures to ensure that workers with children up to a given age, which shall be at least twelven, and carers, have the right to request flexible working arrangements for caring purposes. The duration of such flexible working arrangements may be subject to a reasonable limitation.
Amendment 547 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Flexible working arrangements mean putting in place necessary work patterns (such as flexible working hours or work patterns, harnessing technology innovations allowing remote work) that will allow the carers to look after the person they are caring for on an unplanned or regular basis while remaining active on the labour market.
Amendment 555 #
2017/0085(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Employers shall consider and respond to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers, in particular micro and small and medium-sized enterprises (MSMEs), and workers. Employers shall justify any refusal of such a request.
Amendment 649 #
2017/0085(COD)
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
Member States shall assess the possibility to promote voluntary certification systems. In order to foster a broader adoption of work-life balance measures by public and private organisations, public authorities could set up incentive measures in favour of certificated organisations.
Amendment 652 #
2017/0085(COD)
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17 a Dialogue with relevant stakeholders With a view to promoting the objectives of this Directive, the European Union and its Member States shall encourage dialogue with relevant stakeholders, in particular with parents and family associations.
Amendment 654 #
2017/0085(COD)
Proposal for a directive
Article 17 b (new)
Article 17 b (new)
Article 17 b More favourable provisions 1. This Directive does not constitute valid grounds for reducing the level of protection already afforded to workers within Member states in any form. 2. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements more favourable to workers. 3. This Directive is without prejudice to any other rights conferred on workers by other legal acts of the Union.
Amendment 669 #
2017/0085(COD)
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. The report reviewing the application of the directive shall also provide impact assessments, inter alia, on the following points: - possibilities to extending the duration of care leave - possibilities to extending the definition of carers - the effect of the directive on family carers who are using the possibility for carers’ leave, who have used the possibility of requesting flexible working arrangements, and who have used none of the arrangements covered by this directive.
Amendment 672 #
2017/0085(COD)
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18 a Non-Regression 1. Member States and/or the social partners may maintain or introduce more favourable provisions for workers than those set out in this Directive. 2. This Directive shall be without prejudice to any more specific provisions in Union law, and in particular Union law provisions concerning equal treatment or opportunities for men and women. 3. The implementation of this Directive shall not constitute valid grounds for reducing the general level of protection afforded to workers. 4. The present agreement does not prejudice the right of the social partners to conclude at the appropriate level, including at European level, agreements adapting and/or complementing the provisions of this directive in a manner which will take note of the specific needs of the social partners concerned.
Amendment 119 #
2017/0004(COD)
Proposal for a directive
Annex I – paragraph 3 a (new)
Annex I – paragraph 3 a (new)
Directive 2004/37/EC
Annex III – Part B
Annex III – Part B
In Part B of Annex III the following text is added: Other directly related provisions: the implementation of good practices such as those of the social partners’ “Agreement on Workers Health Protection through the Good Handling and Use of Crystalline and Products containing it” or of the Senior Labour Inspector Committee (SLIC) Guidance for National Labour Inspectors on Respirable Crystalline Silica in the construction sector, provides a strong indication that the employer obligations defined in Chapter II of the Directive are put in place, and therefore establishes a presumption of conformity with the employer obligations defined in Chapter II of the Directive, with the exception of the obligation under Article 5.4, not to exceed the binding limit value.
Amendment 143 #
2017/0003(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Electronic communications data may also reveal information concerning legal entities, such as business secrets or other sensitive information that has economic value. Therefore, the provisions of this Regulation should apply to both natural and legal persons. Furthermore, this Regulation should ensure that provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council21, also apply to end-users who are legal persons. This includes the definition of consent under Regulation (EU) 2016/679. When reference is made to consent by an end-user, including legal persons, this definition should apply. In addition, legal persons should have the same rights as end-users that are natural persons regarding the supervisory authorities; furthermore, supervisory authorities under this Regulation should also be responsible for monitoring the application of this Regulation regarding legal persons. _________________ 21 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1–88)legal persons to the extent necessary for protecting the secrecy of communications.
Amendment 165 #
2017/0003(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) This Regulation permits the processing of electronic communications data and of information conveyed to, stored in, retrieved from or otherwise processed in relation to terminal equipment to the extent strictly necessary and proportionate for the purposes of ensuring network and information security, i.e. the ability of networks or information systems to resist, at a given level of confidence, accidental events or unlawful or malicious actions that compromise the availability, authenticity, integrity and confidentiality of stored or transmitted electronic communications data, and the security of the related services offered by, or accessible via, those networks and systems. Such processing is permitted to providers of electronic communications networks and services, to users, as well as to relevant third parties such as public authorities, computer emergency response teams (CERTs), computer security incident response teams (CSIRTs) and providers of security technologies and services.
Amendment 177 #
2017/0003(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 197 #
2017/0003(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications during conveyance is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. It should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services, including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc.
Amendment 206 #
2017/0003(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The processing of electronic communications data can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata, based on end- users consent in accordance with Regulation (EU) No 2016/679. However, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication. Therefore, this Regulation should require providers of electronic communications services to obtain end-users’ consent tocomply with Regulation (EU) No 2016/679 when processing electronic communications metadata, which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata. Examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colors to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data were to be used and such movement could not be displayed. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. Where a type of processing of electronic communications metadata, in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a consultation of the supervisory authority should take place prior to the processing, in accordance with Articles 35 and 36 of Regulation (EU) 2016/679.
Amendment 230 #
2017/0003(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Terminal equipment of end-users of electronic communications networks and any information relating to the usage of such terminal equipment, whether in particular is stored in or emitted by such equipment, requested from or processed in order to enable it to connect to another device and or network equipment, are part of the private sphere of the end-users requiring protection under the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given that such equipment contains or processes information that may reveal details of an individual’s emotional, political, social complexities, including the content of communications, pictures, the location of individuals by accessing the device’s GPS capabilities, contact lists, and other information already stored in the device, the information related to such equipment requires enhanced privacy protection. Furthermore, the so-called spyware, web bugs, hidden identifiers, tracking cookies and other similar unwanted tracking tools can enter end- user’s terminal equipment without their knowledge in order to gain access to information, to store hidden information and to trace the activities. Information related to the end-user’s device may also be collected remotely for the purpose of identification and tracking, using techniques such as the so-called ‘device fingerprinting’, often without the knowledge of the end-user, and may seriously intrude upon the privacy of these end-users. Techniques that surreptitiously monitor the actions of end-users, for example by tracking their activities online or the location of their terminal equipment, or subvert the operation of the end-users’ terminal equipment pose a serious threat to the privacy of end-users. Therefore, any such interference with the end-user’s terminal equipment should be allowed only with the end-user’s consent and for specific and transparent purposes.
Amendment 231 #
2017/0003(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Terminal equipment of end-users of electronic communications networks and any information relating to the usage of such terminal equipment, whether in particular is stored in or emitted by such equipment, requested from or processed in order to enable it to connect to another device and or network equipment, are part of the private sphere of the end-users requiring protection under the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given that such equipment contains or processes information that may reveal details of an individual’s emotional, political, social complexities, including the content of communications, pictures, the location of individuals by accessing the device’s GPS capabilities, contact lists, and other information already stored in the device, the information related to such equipment requires enhanced privacy protection. Furthermore, the so-called spyware, web bugs, and hidden identifiers, tracking cookies and other similar unwanted tracking tools can enter end- user’s’ terminal equipment without their knowledge in order to gain access to information, to store hidden information and to trace the activities. Information related to the end-user’s device may also be collected remotely for the purpose of identification and tracking, using techniques such as the so-called ‘device fingerprinting’, often without the knowledge of the end-user, and may seriously intrude upon the privacy of these end-users. Techniques that surreptitiously monitor the actions of end-users, for example by tracking their activities online or the location of their terminal equipment, or subvert the operation of the end-users’ terminal equipment pose a serious threat to the privacy of end-users. Therefore, any such interference with the end-user’s terminal equipment should be allowed only with the end-user’s consent and for specific and transparent purposeshere lawful under one of the conditions set out in Article 6 of Regulation (EU) 2016/679.
Amendment 235 #
2017/0003(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Exceptions to the obligation to obtain consent to makedemonstrate that use of the processing and storage capabilities of terminal equipment or to accessing of information stored in terminal equipment is lawful under Article 6 of Regulation 2016/679 should be limited to situations that involve no, or only very limited, intrusion of privacy or where a legitimate interest is at stake. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookies for the duration of a single established session on a website to keep track of the end-user’s input when filling in online forms over several pages. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic tofrom a website. Information society providers that engage in configuration checking to provide the service in compliance with the end-user’s settings or ensure that they are able to do so in accordance with the relevant provisions and the mere logging of the fact that the end-user’s device is unable to receive all or some of the content requested by the end- user should not constitute access to such a device or use of the device processing capabilities.
Amendment 239 #
2017/0003(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 248 #
2017/0003(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 256 #
2017/0003(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 295 #
2017/0003(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In this Regulation, direct marketing refers to any form of advertising by which a natural or legal person sends direct marketing communications directly to one or more identified or identifiable end-users using electronic communications services. In addition to the offering of products and services for commercial purposes, this should also include messages sent by political parties that contact natural persons via electronic communications services in order to promote their parties. The same should apply to messages sent by other non-profit organisations to support the purposes of the organisation. It should not apply to the communication for scientific re-search purposes like market and opinion research.
Amendment 324 #
2017/0003(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Since the objective of this Regulation, namely to ensure an equivalent level of protection of natural and legal persons and the free flow of electronic communications data throughout the Union, cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 326 #
2017/0003(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation ensures, in accordance with Regulation (EU) No 2016/679, free movement of electronic communications data and electronic communications services within the Union, which shall be neither restricted nor prohibited for reasons related to the respect for the private life and communications of natural and legal persons and the protection of natural persons with regard to the processing of personal data.
Amendment 329 #
2017/0003(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
Amendment 335 #
2017/0003(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to the processing of electronic communications data carried out in connection with the provision and the use of electronic communications services and to information related to the terminal equipment of end-users.
Amendment 342 #
2017/0003(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) electronic communications services which are not publicly available pursuant to Article 2(2)(c) of Regulation (EU) No 2016/679;
Amendment 358 #
2017/0003(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where the provider of an electronic communications service is not established in the Union it shall designate in writing a representative in the Union, Article 27 of Regulation (EU) No 2016/679 shall apply.
Amendment 385 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) ‘'direct marketing communications’' means any form of advertisingcommunication for the purpose of promoting products and services, whether written or oral, sent to one or moredirectly to an identified or identifiable end- users of electronican interpersonal communications services, including the use of automated calling and communication systems with or without human interaction, electronic mail, SMS, etc. For the purposes of this regulation an interpersonal communications service shall also include a service that is not provided for remuneration;
Amendment 394 #
2017/0003(COD)
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
PROTECTION OF ELECTRONIC COMMUNICATIONS OF NATURAL PERSONS AND OF INFORMATION STORED IN THEIR TERMINAL EQUIPMENT
Amendment 395 #
2017/0003(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Confidentiality of electronic communications datacontent
Amendment 402 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any interference with electronic communications data during conveyance, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, surveillance or processing of electronic communications datacontent, by persons other than the end- users, shall be prohibited, except when permitted by this Regulation.
Amendment 407 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
For the implementation of the previous paragraph, providers of electronic communications networks and services shall take technical and organisational measures as defined in Article 32 of Regulation (EU) 2016/679.Additionally, to protect the integrity of terminal equipment and the safety, security and privacy of users, providers or electronic communications networks and services shall take appropriate measures based on the risk and on the state of the art reasonably to prevent the distribution through their networks or services of malicious software is referred to in Article 7 Sub-Paragraph (a) of Directive 2013/40/EU.
Amendment 413 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Providers of eElectronic communications networks and servicesdata may be process electronic communications dataed if:
Amendment 418 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 435 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) it is necessary to maintain or restore the security or availability of electronic communications networks and services, or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.
Amendment 436 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) it is necessary to maintain or restore the security or availability of electronic communications networks and services, or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.
Amendment 443 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Providers of electronic communications networks and services, users and any third party who can demonstrate a legitimate interest may process electronic communications data to the extent strictly necessary and proportionate for the purpose of ensuring network and information security, notably in order to: (a) protect the confidentiality, integrity, availability, authenticity of electronic communications or of terminal equipment; (b) protect the privacy and safety of users or of third parties; (c) maintain or restore the confidentiality, integrity, availability, authenticity of electronic communications networks and services; (d) detect technical faults and/or errors in the transmission of electronic communications.
Amendment 447 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 453 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Providers of eElectronic communications servicesmetadata may be process electronic communications metadataed only if:
Amendment 458 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) it is necessary for billing, calculating interconnection payments, detecting or stopping fraudulent, or abusive use of, or subscription to, electronic communications services, or planning and optimising the network or related subscriptions; or
Amendment 471 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the end-user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes, including fora legitimate ground in accordance with Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the provisioncessing of specific services to such end-users, provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymousrsonal data and on the free movement of such data, and repealing Directive 95/46/EC (‘General Data Protection Regulation’) is applicable.
Amendment 478 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. Article 6 of Regulation (EU) No 2016/679 shall apply.
Amendment 482 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. Providers of the eElectronic communications servicescontent may be process electronic communications contented only:
Amendment 488 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
(a) for the sole purpose of the provision of a specific service to an end- user, if the end-user or end-users concerned have given their consent to the processing of his or her electronic communications content and, or the provision of that service cannot be fulfilled without the processing of such content; or
Amendment 496 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. In so far as providers of electronic communications services are processing and receiving communications content to and by the end-user, the provisions of this regulation shall not apply but regulation (EU) 2016/679.
Amendment 497 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3 b. (a) The service provider may collect and use the personal data of a recipient of a service only to the extent necessary to enable and invoice the use of services (data on usage).Data on usage are in particular characteristics to identify the recipient of the service, details of the beginning and end of the scope of the respective usage, and details of the services used by the recipient of the service. (b) The service provider may collate a recipient's usage data regarding the use of different services to the extent necessary for invoicing the recipient of the service. (c) For the purposes of advertising, market research or in order to design the services in a needs-based manner, the service provider may produce profiles of usage based on pseudonyms to the extent that the recipient of the service does not object to this.The service provider must refer the recipient of the service to his right of refusal.These profiles of usage must not be collated with data on the bearer of the pseudonym without his consent (opt-in).
Amendment 501 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Without prejudice to point (b) of Article 6(1) and points (a) and (b) of Article 6(3), the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipientwhen it is no longer necessary for the operation of such services. Such data may be recorded or stored by the end-users or by a third party entrusted by them to record, store or otherwise process such data, in accordance with Regulation (EU) 2016/679.
Amendment 503 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Without prejudice to point (b) of Article 6(1) and points (a) and (c) of Article 6(2), the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communicationoperation of such services.
Amendment 507 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 510 #
2017/0003(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
Protection of information stored in and related to end-users’transmitted to, stored in and collected from terminal equipment
Amendment 518 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The use of processing and storage capabilities of terminal equipment and the collection of information from end-users’ terminal equipment, including about its software and hardware, other than by the end-user concerned shall be prohibited, except onermissible if one of the following grounds applies:
Amendment 520 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The use of processing and storage capabilities of terminal equipment and the collection of information from end-users’ terminal equipment, including about its software and hardware, other than by the end-user concerned shall be prohibited, except on the following grounds:
Amendment 525 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) the end-user has given his or her consent or there is another legitimate ground within the meaning of Article 6 of Regulation (EU) 2016/679; or
Amendment 529 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) it is necessary for providing an information society service requested by the end-user, particularly in order to preserve the integrity or security of the information society service or access to it, to improve what is offered or for measures to protect against unauthorised use of the service in accordance with the terms and conditions of use relating to the provision of services to the end-user; or
Amendment 537 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c a (new)
Article 8 – paragraph 1 – point c a (new)
(c a) it is necessary for protecting the confidentiality, integrity, availability, authenticity of the terminal equipment or of the electronic communications network or service, or for protecting the privacy, security or safety of the user;or
Amendment 538 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point c b (new)
Article 8 – paragraph 1 – point c b (new)
(c b) it is necessary for scientific research purposes, provided that the controller plans appropriate technical and organisational measures to safeguard the rights and freedoms of the user and the processed personal data will be anonymised as soon as possible according to the research purpose.
Amendment 546 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) if it is necessary for web audience measuring, provided that suchmeasuring the scope of the information society service requested by the end-user, including the taking of measurements is carried out by thn order to calculate provider of the information society service requested by the end-user.yalties for the collective management of rights or other remuneration or payment schemes; or
Amendment 552 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) a clear and prominent notice is displayed informing of, at least, the modalities of the collection, its purpose, the person responsible for it and the other information required under Article 13 of Regulation (EU) 2016/679 where personal data are collected, as well as any measure the end-user of the terminal equipment can take to stop or minimise the collection. The collection of such information shall be conditional on the application of appropriate technical and organisational measures to limit the collection and processing of information to the purposes required therefor and ensure a level of security appropriate to the risks, as set out in Article 32 of Regulation (EU) 2016/679, have been applied, for example by means of pseudonymisation of information collected pursuant to Article 4(5) of Regulation (EU) No 2016/679.
Amendment 560 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) it occurs for the purpose of recording, for the undertaking as a whole, anonymous indicators concerning the use of information society services;or
Amendment 567 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
(d b) in order to mark terminal equipment for advertising purposes, on condition that the person responsible has clearly informed the end-user of this at the beginning of the data processing and has provided an opportunity for objection that is easy to exercise;or
Amendment 570 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d c (new)
Article 8 – paragraph 1 – point d c (new)
(d c) it occurs for purposes of the settlement of payments under contracts concerning the sale of products or services, provided that the contract pertaining thereto has been concluded on- line.
Amendment 592 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b a (new)
Article 8 – paragraph 2 – subparagraph 1 – point b a (new)
(b a) it is necessary for protecting the confidentiality, integrity, availability, authenticity of the terminal equipment or of the electronic communications network or service, or for protecting the privacy, security or safety of the user.
Amendment 595 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
The collection of such information shall be conditional on the application of appropriate technical and organisational measures to limit the collection and processing of information to the purposes required therefor and ensure a level of security appropriate to the risks, as set out in Article 32 of Regulation (EU) 2016/679, have been applied, for example by means of pseudonymisation of information collected pursuant to Article 4(5) of Regulation (EU) No 2016/679.
Amendment 602 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The information to be provided pursuant to point (e) of paragraph 1 and point (b) of paragraph 2 may be provided in combination with standardized icons in order to give a meaningful overview of the collection in an easily visible, intelligible and clearly legible manner.
Amendment 603 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The information to be provided pursuant to point (b) of paragraph 2 may be provided in combination with standardized icons in order to give a meaningful overview of the collection in an easily visible, intelligible and clearly legible manner. Such information may be provided by means of a transparency certification and labelling scheme for terminal equipment, indicating the equipment's quality, security and assurance properties.
Amendment 608 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 275 determining the information to be presented by the standardized icon and the procedures for providing standardized icons, as well as establishing the transparency certification and labelling scheme referred to in paragraph 3.
Amendment 612 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The definitions of and conditions for consent provided for under Articles 4(11) and 7(1), (2) and (3) of Regulation (EU) 2016/679/EU shall apply.
Amendment 614 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The definition of and conditions for consent provided for under Articles 4(11) and 7 (1), (2) and (3)of Regulation (EU) 2016/679/EU shall apply.
Amendment 619 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 626 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 635 #
2017/0003(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 668 #
2017/0003(COD)
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Article 25 of Regulation (EU) No 2016/679 shall apply.
Amendment 684 #
2017/0003(COD)
Proposal for a regulation
Chapter 3 – title
Chapter 3 – title
NATURAL PERSONS' RIGHTS TO CONTROL ELECTRONIC COMMUNICATIONS
Amendment 703 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories shall obtain the consentelectronic information, communication and telecommunication services shall collect the data of end- users who are natural persons in order to include their personal data in the directory and, consequently, shall obtain consent from these end-users for inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of thepublicly accessible directories. They shall give end-users that are natural persons the right to object to data related to them being included in directoryies. Providers shall give end-users who are natural persons the means to verify, correct, update, supplement and delete such data.
Amendment 707 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The providers of a publicly available directory shall inform end-users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enabling such, which they shall do there. The providers of electronic information, communication and telecommunication services shall inform end-users when new search functions arelated to their own data made available.
Amendment 713 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publicly available directorielectronic information, communication and telecommunication services shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. Providers shall give such end-users that are legal persons the means to verify, correct, update, supplement and delete such data. Natural persons acting for an economic purpose, such as independent professionals, operators of small businesses or freelancers, shall be equated with legal persons.
Amendment 726 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct, update, supplement and delete any data related to them shall be provided free of charge.
Amendment 730 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. The provisions of paragraphs 1 to 4 shall not apply to data and information published in other publicly accessible sources and data provided by end-users themselves.
Amendment 732 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 4 b (new)
Article 15 – paragraph 4 b (new)
4 b. Any undertaking which provides publicly accessible information, communication or telecommunication services and which issues or uses telephone numbers, user names or other means of user identification shall be required, upon request and with due regard for provisions relating to data protection, to make the participants' data available to any undertaking which provides or operates directory or information services, in order to provide publicly accessible directory or information services. The data shall be communicated immediately and in a non- discriminatory manner.
Amendment 733 #
2017/0003(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 765 #
2017/0003(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 793 #
2017/0003(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
Amendment 797 #
2017/0003(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
Amendment 799 #
Amendment 813 #
2017/0003(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Article 83 of Regulation (EU) No 2016/679 shall apply.
Amendment 814 #
2017/0003(COD)
Proposal for a regulation
Article 24
Article 24
Amendment 815 #
2017/0003(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Article 84 of Regulation (EU) No 2016/679 shall apply.
Amendment 827 #
2017/0003(COD)
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
It shall apply from 25 May 20189.
Amendment 23 #
2016/2307(INI)
Motion for a resolution
Citation 52 a (new)
Citation 52 a (new)
- having regard to the Social Protection Committee's report 'Adequate social protection for long-term care needs in an ageing society' of 10 October 2014
Amendment 24 #
2016/2307(INI)
Motion for a resolution
Citation 53 a (new)
Citation 53 a (new)
- having regard to the Commission's roadmap and consultation addressing the challenges of work-life balance faced by working families
Amendment 56 #
2016/2307(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the long-term unemployment rate (relating to unemployment of more than one year) fell by 0.7 % in the year to the first quarter of 2016, to 4.2 % of the labour force; whereas the very long-term unemployment rate (relating to unemployment of more than two years) fell to 2.6 % of the labour force; whereas the number of long-term unemployed remains high, at around 10 million, whereas long-term unemployment is in particular a problem for younger and older jobseekers, with 30% of 15-24 and 64% of 55-64 year-old being jobseekers for more than one year;
Amendment 62 #
2016/2307(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas people with disabilities are significantly excluded from the open labour market which often leads to higher levels of poverty and social exclusion.
Amendment 86 #
2016/2307(INI)
Motion for a resolution
Recital G
Recital G
G. whereas in many Member States the working-age populationpopulation younger than 64 years and the labour force are continuing to shrink, notably as a result of low birth rates, ageing, emigration, and health-related exits from the labour market;
Amendment 88 #
2016/2307(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the at-risk of poverty or social exclusion rate has been of 23.7% in 2015, meaning a recent reduction of poverty levels, but still exceeding by 1.2 million the Europe 2020 baseline from which member States have committed to reduce the risk of poverty or social exclusion by 20 million;
Amendment 92 #
2016/2307(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
G b. whereas the gender pay gap is currently at 16% and the gender pension gap at 38%, exposing women to a higher risk of poverty or social exclusion as they age;
Amendment 94 #
2016/2307(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
G c. whereas Healthy Life Expectancy of women has been receding from 62.6 in 2010 to 61.5 in 2013, with a slight increase in 2014 and has been stagnating for men at 61.4;
Amendment 126 #
2016/2307(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that the implementation of the Youth Guarantee should be strengthened at national, regional and local level, and stresses its importance for school-to-work transitions; calls on member states to ensure that the youth guarantee is open to all groups, including persons with disabilities;
Amendment 142 #
2016/2307(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the increase in the employment rate; encourages the Member States to make further efforts in order to reach the Europe 2020 employment rate target of 75 %; by focusing on groups that have the lowest labour market participation; calls on the member states to increase their offer in terms of lifelong learning and effective upskilling.
Amendment 160 #
2016/2307(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines that the integration of long-term unemployed individuals through individually tailored measures is a key factor for fighting poverty and social exclusion and contributing to the sustainability of national social security systems; highlights, in this context, the importance of skills and competences acquired in non-formal and informal learning environments, of skills validation and certification and of access to life-long learning; highlights the importance of the commitments and benchmarks of the Strategic Framework on Education and Training 2020;
Amendment 181 #
2016/2307(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the percentage of people at risk of poverty and social exclusion remains high; points out that high levels of inequality reduce the output of the economy and the potential for sustainable growth;
Amendment 203 #
2016/2307(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines that insufficient investment in education, and especially in digital skills, may undermine Europe’s competitive position and the employability of its workforce, in particular of those at risk of long-term unemployment; calls on the Member States to prioritise comprehensive training in digital skills for people of all ages and to take into account the shift towards the digital economy in the context of upskilling and retraining;
Amendment 228 #
2016/2307(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that micro-enterprises and small and medium-sized enterprises (MSMEs),- the backbone of the economy - and in particular social enterprises, are important for sustainable and inclusive development and job creation; calls on the Commission and the Member States to "think small first" give greater consideration to the interests of MSMEs in the policy-making process;
Amendment 259 #
2016/2307(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Highlights the importance of the EFSI insofar as it permits improved social and economic convergence of Member States and their regions within the Union; calls on the Commission and the European Investment Bank to take proactive steps to ensure that Member States are fully using the possibility of accessing this fund, including for social investment in life-long learning opportunities or affordable quality care systems for children, persons with disabilities and older dependent people; calls on the Commission to monitor and control investments under the EFSI and to measure their economic and social impact;
Amendment 273 #
2016/2307(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out to the Member States, in view of the ageing of Europe’s citizens, the need to ensure the sustainability, safety, adequacy and effectiveness of social security systems over the coming decades; encourages the Member States, therefore, to develop strategies to ensure that more people can continue to be active participants in society; urges especially the Commission, Member States and social partners to: - encourage higher employment rates for all age groups; - work to reduce gender segregation and the gender pay gap; - adapt labour markets for older workers through age-friendly working conditions to enable them to work up to statutory retirement age; - combat age stereotypes in labour markets; - ensure a life-cycle and preventive approach to occupational health and safety; - focus on work-life balance for persons with care responsibilities through appropriate care and leave schemes and by supporting informal carers; - support and inform employers, especially SMEs, on how work environments can be improved to allow workers of all ages to stay productive; - support public employment services to enable them to provide meaningful assistance to older job-seekers; - invest and promote life-long learning for workers of all ages, both inside and outside the workplace; develop systems for skills validation and certification; - help older workers to remain active longer and prepare for retirement through employee-driven flexible working conditions allowing them to reduce their working time during the transition between work and retirement; - allow those who wish or need to work beyond statutory pension age; - further support prevention and health promotion to reduce the projected increase of care needs in the future, while maintaining effective primary health care systems;
Amendment 278 #
2016/2307(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out to the Member States, in view of the ageing of Europe’s citizens and its impact on increasing informal and formal care needs, the need to ensure the sustainability, safety, adequacy and effectiveness of social security systems over the coming decades; encourages the Member States, therefore, to develop strategies to ensure that more people can continue to be active participants in society;
Amendment 304 #
2016/2307(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to increase the coverage, efficiency and effectiveness of active labour market policies, in close cooperation with social partners; welcomes the AGS 2017 call for more effort into measures aiming to support the labour market inclusion of disadvantaged groups, in particular persons with disabilities, in view of its long-term positive economic and social impact;
Amendment 7 #
2016/2271(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas digitisation could lead to new networking relationships between people, groups, machines and systems and thereby engender synergies between human creativity and artificial intelligence;
Amendment 11 #
2016/2271(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas adjustments to technical developments and the resulting changes in the world of work represent an ongoing task which will occupy organisations and legislators for some time to come;
Amendment 12 #
2016/2271(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas digitisation in industry and the economy should be regarded not as a substitute for but as a complement and support to human work;
Amendment 15 #
2016/2271(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the digitisation of industry represents a major challenge in terms of the organisation of work and therefore requires targeted responses regarding employment, social and education policies, as well as the provision of up-to-date infrastructure; calls once again on the Commission and Member States, with this in mind, to promote interdisciplinary thinking in schools and to implement in practice the concept of lifelong learning aimed at successful outcomes for the vocational qualifications of the population;
Amendment 37 #
2016/2271(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and the Member States, in cooperation with social partners, to regularly assess the impact of digitisation on the quality, number and types of jobs and to adjust related policies accordingly, to monitor changes in the labour markets and, by means of relevant policies, to provide support and guidance for the change in values that these entail;
Amendment 73 #
2016/2271(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to ensure universal access to training in digital skills irrespective of age, gender, education and any disability, in order to allow equal participation of all citizens in the digital single market, be it as employees, entrepreneumployers or custoonsumers;
Amendment 4 #
2016/2270(INI)
Motion for a resolution
Citation 4
Citation 4
— having regard to International Labour Organization (ILO) Conventions Nos 269 and 13105 on minimum wage fixing and Nos 29 andthe abolition of forced labour, No 1052 on the abolition of forced labourSocial Security and ILO Recommendation 202 on Social Protection Floors,
Amendment 21 #
2016/2270(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
– having regard to the report "Minimum Income Schemes in Europe - A study of national policies 2015" prepared for the European Commission by The European Social Policy Network (ESPN) in 2016,
Amendment 109 #
2016/2270(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Pa. whereas the Council Conclusions on the 2017 Annual Growth Survey and the Joint Employment Report adopted by the EPSCO Council on the 3rd March 20171a call on Member States to ensure that social protection systems provide adequate income support and that reforms should continue to focus, amongst others, on providing adequate income support and high quality activation and enabling services; __________________ 1a6885/17 "The 2017 Annual Growth Survey and Joint Employment Report: Political guidance on employment and social policies - Council Conclusions (3 March 2017)" and 6887/17 "JOINT EMPLOYMENT REPORT FROM THE COMMISSION AND THE COUNCIL accompanying the Communication from the Commission on the Annual Growth Survey 2017 (3 March 2017)"
Amendment 146 #
2016/2270(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. StressBelieves that it is vital for everyone to have a sufficient minimum income to be able to mall citizens and families in Europe should be entitled to an income support which enables them to cover their living costs; believes that support mechanisms, such as minimum income schemes have to guaranteet their basic requirements non-perpetuation of social dependency and must constitute an incentive to education or entering the job market;
Amendment 162 #
2016/2270(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that adequate minimum income schemes as an active inclusion tool promote social participation and inclusion;
Amendment 163 #
2016/2270(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls that one of the main goals of the Europe 2020 strategy is reducing poverty and social exclusion by at least 20 million people and that still more efforts are needed to reach that goal; believes that minimum income schemes can be a helpful way to reach this objective;
Amendment 164 #
2016/2270(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Stresses that the best way to fight poverty and social exclusion are decent jobs; recalls in this context the importance to boost growth, investment and job creation;
Amendment 171 #
2016/2270(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses the importance of the European Semester in encouraging Member States who do not yet have minimum income schemes to introduce systems of adequate income support;
Amendment 187 #
2016/2270(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Believes that, given the many questions minimum income schemes pose, such as accessibility, coverage, financing, entitlement conditions, duration, a concept elaborated at European level on common objectives for national minimum income schemes could be helpful in contributing to a level playing field among Member States;
Amendment 190 #
2016/2270(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Stresses the importance of the European Semester in monitoring the adequacy of existing minimum income schemes and their impact on reducing poverty, specifically through the country specific recommendations, but also the joint employment report and the Annual Growth Survey;
Amendment 248 #
2016/2270(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is of the opinion that adequate minimum income schemes should set minimum incomes at a level equivalent to at leasBelieves that Member States, when setting minimum income schemes should take into account that the at-risk-of- poverty threshold is set at 60 % of median income in the Member State concernedthe national median equivalised disposable income (after social transfers);
Amendment 36 #
2016/2269(INI)
Motion for a resolution
Recital D
Recital D
Amendment 59 #
2016/2269(INI)
Motion for a resolution
Recital H
Recital H
H. whereas inequalities increased in some Member States between 2008 and 2014 in terms of household disposable income, mainly in Mediterranean countries such as Spain, Greece, Portugal, or Cyprus19 ; _________________ 19 Eurofound (2017) Income inequalities and employment patterns in Europe before and after the Great Recession.
Amendment 106 #
2016/2269(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Firmly believes that the reduction of inequalities must be an institutional prioritymportant issue at the European level, not only in order to tackle poverty or to promote convergence, but also as the precondition for economic recovery, quality job creation and shared prosperity;
Amendment 111 #
2016/2269(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that reducing inequalities is essential to promote fairer and more stable democracies, marginalisze populextremism and extremismdouble standards and ensure that Europe is a project embraced by all its citizens;
Amendment 134 #
2016/2269(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission to exterespect the competency of Member States and the scope of the European Semester and the Macroeconomic Imbalance Procedure (MIP) by adding new bindfully monitoring the existing indicators to estimate individual imbalances in inequalities as a way to link economic coordination with employment and social performance;
Amendment 142 #
2016/2269(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates its call for the establishment of an authentic European Pillar of Social Rights and the building of a deeper and fairer social dimension of the EMU, taking into consideration the share of competences laid down in the Treaties, with the necessary legislative, institutional and financial means being devoted to guaranteeing true social progress;
Amendment 155 #
2016/2269(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to broadenfully take into account the scope of the Europe 2020 Strategy to incluin order theo fight against inequality among its goals, which should be aligned with the relevant United Nations Sustainable Development Goals;
Amendment 165 #
2016/2269(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates its call for aproper implementation of the European Ssocial Protocol to ensure that fundamental rights take precedence over economic freedomacquis and respect of social rights enshrined in the EU Charter of Fundamental rights;
Amendment 172 #
2016/2269(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses its concern regarding the evolutionchanges of inequality in the EU after the crisis, which was largelyalso driven by growing unemployment21 ; _________________ 21 Eurofound (2017) Income inequalities and employment patterns in Europe before and after the Great Recession.
Amendment 185 #
2016/2269(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to raise tpropose a higher funding level of the Youth Employment Initiative (YEI) for the period 2017-2020 to least EUR 21 billion, including better reaching young people under 30; calls on the Commission to ensurecontribute to better implementation of the Youth Guarantee, taking into account the latest relevant findings of the European Court of Auditors’ report on use of the YEI;
Amendment 209 #
2016/2269(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses its concern about the increasing number of atypical work contracts and forms of non-standard employment linked with precarious working conditions, lower wages, exploitation and poorer social security contributions, and rising inequalityNotes that non-standard employment is growing and recalls that a proper social security protection needs to be provided to protect all workers;
Amendment 231 #
2016/2269(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to present a proposal for a Framework Directive on decent working conditions for all forms of employment, ensuring for every worker a core set of enforceable rights, eliminating unlawful discrimination based on contractual status, ensuring a minimum and flexible number of working hours and facilitating decent working times and the right to negotiate schedules;
Amendment 235 #
2016/2269(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Firmly believes that an accurate common employment classification at theregister at European level based on the performance of work will reduce precariousnesscould be explored in order to reduce precariousness based on scientific facts and data;
Amendment 241 #
2016/2269(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Expresses its concern regarding the negative effdifferent effects and aspects of increasing automation due to the delay in adapting legislation, which could threatens to exert downward pressure on social protection systems and wages, especially affecting low and medium-skilled workers;
Amendment 252 #
2016/2269(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. CWhile respecting the competency of Member States, calls for a common approach across Member States regarding the introduction ofon a Minimum Income Scheme, in order to support people with insufficient income, ease access to fundamental services, combat poverty and foster social integration;
Amendment 261 #
2016/2269(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and the Member States to establishxplore the possibility of a European Unemployment Insurance scheme, complementing current national benefit systems; considers that such an automaticeffective and controllable stabiliser can play an important role in reducing inequality between countries and in neutralising the consequences arising from the absorption of asymmetric shocks;
Amendment 266 #
2016/2269(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 281 #
2016/2269(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 289 #
2016/2269(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Members States to strengthenprotect workers’ rights and foster the bargaining power of employees through structural reforms of labour markets, widening collective bargaining coverage, and promoting unionisation in cooperation with social partners;
Amendment 297 #
2016/2269(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Highlights that, in many countries, welfare and social protection systems have been severely undermined by austerity measures with huge consequmust be adapted to improve equilibrium in terms of income inequalities with improved competitivences in terms of incoms and economic recovery with a more stabilized and sustainable finequalitiesancial situation;
Amendment 325 #
2016/2269(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to put forward a European legal frameworkMember States in line with the related ILO recommendation to guarantee every European citizen a social protection floorminimum with universal access to healthcare, basic income security and access to the goods and services as well as working opportunities defined as necessary at national level;
Amendment 331 #
2016/2269(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Affirms that universal access to public, solidarity-based and adequate retirement and old-age pensions must be granted to all European citizens; calls on the Commission to supporassist Member States in strengtheningexploring better public and occupational pension systems to provide an adequate retirement income wellas above the poverty threshold as possible based on the sustainable financial conditions and to allow pensioners to maintain their standard of living;
Amendment 341 #
2016/2269(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that international trade has been an engine for growth in many countries, but also can be perceived as a source of inequalities; calls on the Commission and the Member State to promote fairer international trade agreements that respect European labour market regulations, while protecting quality employment and workers’ rights and ensuring intra-European and national mechanismsa better access to the European Globalisation Adjustment Fund for the compensation of workers and sectors negatively affected;
Amendment 359 #
2016/2269(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission and the Member States to step upconsider the fight against child poverty, ensu by exploring thea coordinated implementation of the Investment in Children Initiative through the Child Guarantee scheme;
Amendment 366 #
2016/2269(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Member States and the Commission to facilitate a common approach towards a National Child Basic Income to ensure that every childto ensure that every family with child(ren) receives a minimum incomelevel of services, thereby helping to achieve the goals of the Europe 2020 Strategy on reducing poverty and the risk of social exclusion;
Amendment 378 #
2016/2269(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission to completntinue its work-life balance legislative package with two essential initiatives: a proposal for a new Maternity Leave Directive renewing these rights and a new proposal for a directive on long-term care and carerin line with the existing legislation covering the work-life balance- related issues;
Amendment 382 #
2016/2269(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Considers that, despite existing legislation enshrining the principle of equal pay for work of equal value and experience by male and female workers, there is still a gender pay gap and an even greater gender pension gap; calls on the Commission and the Member States to address the gender gap challenge in pay and pensions;
Amendment 391 #
2016/2269(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 396 #
2016/2269(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
Amendment 398 #
2016/2269(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
Amendment 25 #
2016/2242(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Whereas regions around Europe are substantially different; in some cases territories with high unemployment will not be part of the eligible regions when it comes to the allocation of EU funds at NUTS level;
Amendment 38 #
2016/2242(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is concerned however that YG schemes have not yet reached all young people, who left schools or became unemployed; underlines that all young people not in employment, education or training should be able to profit from the Youth Guarantee schemes, encourages therefore the regions which do not qualify for an EU co-financing to participate in Youth Guarantee;
Amendment 46 #
2016/2242(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Emphasises that Youth Guarantee has become a driver for policy reforms and better coordination in the fields of employment and education;
Amendment 48 #
2016/2242(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Calls for an efficient control and monitoring of spending of allocated funds at European and national levels to prevent abuses and wasting of resources;
Amendment 49 #
2016/2242(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Calls for an effective multi-lateral surveillance of compliance with the Council's recommendation establishing a Youth Guarantee within the European Semester and to address specific country recommendations where needed;
Amendment 50 #
2016/2242(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Notes that sufficient economic growth is a pre-requisite for the effective integration of NEETs into the labour market;
Amendment 71 #
2016/2242(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the full potential of exchanging best practices among Member States in implementation of YG-schemes as well as elimination of administrative burden has not yet been realised; notes in this respect the importance of mutual learning aimed at the activation of the most vulnerable groups;
Amendment 79 #
2016/2242(INI)
4. Notes that a more diversified approach in the provision of services to different groups within the youth population is needed in order to avoid ‘cherry-picking’; calls for a stronger outreach to young people facing multiple barriers (e.g. young people with disabilities) by broadening the range of interventions proposed within YG offers;
Amendment 90 #
2016/2242(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the need to provide tailored solutions to a diverse group of young people and making the non- registered NEETs a key target group;
Amendment 91 #
2016/2242(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Stresses that persistent mismatches between the participant's profiles and the YG's offers results in people's return to NEET status, is of the opinion that good quality offers should be tailored to the profile and qualification level of individuals and therefore boosting their competences to better meet labour-market demands;
Amendment 93 #
2016/2242(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Takes note that the NEET's group is highly heterogeneous, calls on Members States to conduct a comprehensive analysis of NEET population including a skills mismatch analysis in order to facilitate a smooth transition from education to employment and therefore increase employability of the NEETs;
Amendment 94 #
2016/2242(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Highlights the importance of strengthening cooperation between relevant stakeholders such as public and private employment services, education and training institutions, employers, youth organisations and non- governmental organisations working with youth in order to reach the entire NEET population, especially inactive NEETs, who are not covered by the existing systems to enable their effective integration into the labour market; calls on Member States to actively identify and register all NEETs;
Amendment 95 #
2016/2242(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls for enhanced cooperation between education institutions and entrepreneurs to develop curricula tailored to the labour market needs which facilitates a smooth transition from education to employment and tackles skills mismatch;
Amendment 96 #
2016/2242(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Emphasises that promoting mobility in employment, education, apprenticeships and traineeships can improve the skills-set of young people, as well as tackle the geographical skills mismatch that exists in the EU, therefore encourages Member States to include offers from all European countries in a national Youth Guarantee Scheme through making greater use of EURES (European Employment Services), which is a valuable tool to boost mobility;
Amendment 97 #
2016/2242(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Stresses that increasing the mobility of workers, for example through deepening international cooperation and by facilitating cross-border recognition of qualifications is effective way of tackling skills mismatch;
Amendment 113 #
2016/2242(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Cautions against the repeated take-up of the YG which goes against the spirit of labour market activation and the aim of transition into permanent employment.lls on Member States to ensure that young people receive good quality offers, tailored to the profile and qualification level of the individuals, in order to prevent them from the repeated take-up of the YG;
Amendment 4 #
2016/2237(INL)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas social enterprises take an innovative approach to the challenges facing society and provide the Member States with much-needed support;
Amendment 8 #
2016/2237(INL)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas social enterprises highlight new ways of addressing social problems in an ever more quickly changing world and create sustainable jobs;
Amendment 10 #
2016/2237(INL)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas social entrepreneurship is a key component of an environmentally and socially sustainable market economy and of the European internal market and highlights its viable business models;
Amendment 16 #
2016/2237(INL)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas rural areas offer significant opportunities for social enterprises, and whereas, therefore, it is essential that appropriate infrastructure should be available throughout rural regions;
Amendment 89 #
2016/2237(INL)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Emphasises the need to support social enterprises by providing them with sufficient funding and facilities, as financial sustainability is vital to their survival;
Amendment 96 #
2016/2237(INL)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls for the ‘Erasmus for young entrepreneurs’ programme to be continued, for its budget to be used effectively and for information about the programme to be made easily accessible;
Amendment 99 #
2016/2237(INL)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Calls for the procedures for setting up social enterprises to be simplified, so that excessive red tape does not pose an obstacle to social entrepreneurship;
Amendment 107 #
2016/2237(INL)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Emphasises that the procedures by means of which social entrepreneurs can access funding must be simplified, and calls, in that connection, for an effective European campaign to cut red tape;
Amendment 112 #
2016/2237(INL)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Emphasises that social enterprises make a vital contribution to society and need improved start-up and funding procedures;
Amendment 116 #
2016/2237(INL)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Supports national initiatives to foster social entrepreneurship, and emphasises the importance of cross- border networking and exchanges of ideas in this area;
Amendment 32 #
2016/2221(INI)
Motion for a resolution
Recital A
Recital A
A. whereas non-standard, atypicalew forms of employment have been emerging, whereby the number of workers with – often involuntary – fixed termed and part- time contracts has increased considerably in the EU over the past 15 years; whereas standard employment across a number of sectors has shifted to non-standard or atypical forms of employment, and whereas, if this trend continues, it is likely that the risk of precariousness will increase8 ; __________________ 8 Study for the EMPL Committee on precarious employment in Europe, July 2016, http://www.europarl.europa.eu/RegData/e tudes/STUD/2016/587285/IPOL_STU%28 2016%29587285_EN.pdf and employment in general became more flexible;
Amendment 46 #
2016/2221(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the new forms of employment that are emerging are blurrbring a number of advantages, f.e. more flexibility ing the boundary between dependent employment and self-employment9 , leading to a decline in the quality of employment and the rise of bogus self- employment; __________________ 9ILO report of 2016 on Building a social pillar for European convergence.erms of workplace and working hours; calls the Member States to update their social security systems in order to fit the characteristics of the new forms of employment and quasi self-employment;
Amendment 58 #
2016/2221(INI)
Motion for a resolution
Recital C
Recital C
Amendment 89 #
2016/2221(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 113 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – introductory part
Paragraph 2 – introductory part
2. Understands precarious work to mean, as a minimum definition, a non- standard, atypical form of employment having any of the following characteristics:
Amendment 121 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 1
Paragraph 2 – indent 1
- little or no job security owing to the non-permanent nature of the work, as in some fixed-term contracts, involuntary and often marginal part-time contracts, contracts containing poor conditions, unwritten contracts, unclear working hours, and duties that change owing to work on demand;
Amendment 130 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 2
Paragraph 2 – indent 2
- low remuneration, which may even be unofficial or unclear remuneration;
Amendment 137 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 3
Paragraph 2 – indent 3
- no or limited social protection rights or employment-related benefits;
Amendment 147 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 5
Paragraph 2 – indent 5
Amendment 151 #
2016/2221(INI)
Motion for a resolution
Paragraph 2 – indent 6
Paragraph 2 – indent 6
Amendment 167 #
2016/2221(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 187 #
2016/2221(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that numerous factors, such as digitalisation, are contributing to a radical transformation of work, with an increase in non-standardew forms of employment trends that will intensify unless new regulation is put into place; calls on the Commission and the Member States to ensure that work being transformed through digitalisation, and new employment being created as a result of it, is decent;
Amendment 226 #
2016/2221(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance of labour inspectorates and the social partners in safeguarding workers’ rights, defining decent wages and incomes in accordance with Member States’ laws and practices, and in providing consultation and guidance to employers; strongly underlines that labour inspectorates should focus on the goal of monitoring and improving working conditions, and should not be used as migration control mechanisms; strongly condemns the practice of companies to employ migrants without securinforming their fullm about their rights and benefits;
Amendment 246 #
2016/2221(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to combat non-standard, atypical and prdevelop appropriate social secauriousty schemes for new forms of employment, in line with the ILO Decent Work Agenda and the European Social Charter;
Amendment 269 #
2016/2221(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines the need for public investmentsto support start-ups and SMEs in order to promotinge upwards convergence, the social cohesion of the Union and the creation of decent work;
Amendment 285 #
2016/2221(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern the decrease in collective bargaining and the coverage of collective agreements; cCalls on the Commission and the Member States to promote strategic policies of universal coverage of workers under collective agreements, safeguarding, at the same time, the role of the trade unions as social partners;
Amendment 114 #
2016/2095(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European Union needs a paradigm shift towards a strong European social model based on solidarity, social justice, a fair distribution of wealth, gender equality, a high-quality public education system, quality employment and sustainable growth - a model that ensures good social protection for all ages, empowers vulnerable groups, enhances participation in civil and political life, and improves the living standards for all citizens, delivering on the objectives and rights set out in the EU Treaties, the Charter of Fundamental Rights and the European Social Charter;
Amendment 198 #
2016/2095(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that the EPSR should equip European citizens with stronger means to keep control over their lives, become more self-reliant and make markets work for wellbeing and sustainable development;
Amendment 238 #
2016/2095(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the enactstablishment of a directive onn instrument to increase fair working conditions for all forms of employment, ensuring for every worker a core set of enforceable rights, including equal treatment, social protection, protection in case of dismissal, health and safety protection, provisions on working time and rest time, in particular with regard to a common weekly day of rest recognized by tradition and custom in the country or region1a , freedom of association and representation, collective bargaining, collective action, access to training, and adequate information and consultation rights; underlines that this directiveinstrument should apply to employees as well as to all workers in non-standardall forms of employment, such as fixed-term work, part-time work, on-demand work, self-employment, crowd-working, internship or traineeship; requests that the EU acquis be updated accordingly so as to apply to all workers;; requests that the EU acquis be updated accordingly so as to apply to all workers; __________________ 1a This notion refers to the Social Charter of the Council of Europe: ‘to ensure a weekly rest period which shall, as far as possible, coincide with the day recognised by tradition or custom in the country or region concerned as a day of rest’ (Council of Europe, Social Charter, Art 2. 5, 1961 as well as in the revised version 1996).
Amendment 258 #
2016/2095(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that elements of individual responsibility for a positive living situation are a basic requirements for individual social security and that this can be expected and claimed by all; whereas an active willingness to work and preparedness for lifelong learning are essential in order to claim social services;
Amendment 281 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Calls for decisive steps towards legal certainty on what constitutes ‘employment’, also for work intermediated by digital platforms; underlines that open- ended contracts should remain the norm given their importance for socio-economic security; calls for the directive oncalls for fair working conditions to includeand relevant minimum standards to be ensured in more precarious forms of employment, in particular:
Amendment 309 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
a. decent working conditions for internships, traineeships and apprenticeships, prohibiting those that are unpaid or paid so little that they do not enable workers to make ends meet;
Amendment 326 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point b
Paragraph 4 – point b
b. for work intermediated by digital platforms, a definition of employment that is less dependent on full cumulation of the relevant criteriaa specific definition of employment that is associated with work intermediated by digital platforms;
Amendment 337 #
2016/2095(INI)
Motion for a resolution
Paragraph 4 – point c
Paragraph 4 – point c
Amendment 373 #
2016/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Emphasises the need for renewed upward convergence in wages throughout the EU; calls on the Commission to actively support a wider coverage for collective bargaining; considers that to ensure decent living wages, minimum wages set at a decent level are necessary; recommends the establishment of national wage floors through legislation or collective bargaining, with the objective of attaining at least 60 % of the respective national average wage;
Amendment 396 #
2016/2095(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that the right to healthy and safe working conditions also involves limitations on working time and provisions on minimum rest periods, in particular with regard to a common weekly day of rest recognised by tradition and custom in the country or region and annual leave; awaits Commission proposals for legislation and other concrete measures to uphold this right for all workers, reflecting all current knowledge about health and safety risks;
Amendment 429 #
2016/2095(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of social and solidarity based enterprises in Europe; calls therefore for an European definition for social and solidarity based enterprises as well as for greater use of the EFSI to support their entrepreneurial activities;
Amendment 471 #
2016/2095(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Agrees with the importance of universal access to timely, good-quality and affordable preventative and curative health care; emphasises that all workers must be covered by health insurance; highlights the growing need of long-term care provided by adequately qualified professionals; points out that more effort needs to be put in the development of home care und care services that cater for all needs including the most complex, to support palliative care as a form of care that enhances quality of life and to support informal carers by quality care infrastructure, services and assistance in form of training and skills validation as well as by facilitating work-life balance for informal carers;
Amendment 480 #
2016/2095(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Commission to promote the concept of "Design For All" and of age-friendly environments to support independence of people with care needs for as long as possible; calls for support to ensure that necessary housing adoptions for independent living in old age are accessible; calls for support of the European Covenant on Demographic Change to gather regional and local stakeholders around these concepts to exchange best practices examples;
Amendment 481 #
2016/2095(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Emphasises the importance of life- time healthy ageing starting in childhood as the main principle of prevention in the health systems in order to strengthen health and independency in old age; calls on the Commission to establish a lifetime healthy ageing concept in cooperation with experts and by exchanging best practice examples;
Amendment 520 #
2016/2095(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Insists that all workers should be covered by insurance against involuntary unemployment or involuntary part-time employment, coupled with job-search assistance and investment in (re)-training;
Amendment 661 #
2016/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Supports a Skills Guarantee as a new right for everyone to acquire fundamental skills for the 21st century, including digital literacy; highlights this as an important social investment, requiring adequate financing; points out that for increasing the overall employment rate it is urgently required to improve the digital skills of all workers and job seekers in Europe;
Amendment 681 #
2016/2095(INI)
Motion for a resolution
Paragraph 19 – introductory part
Paragraph 19 – introductory part
19. Is alarmed atby the spread of precariousness arising from the excesabusive use of ‘atypical’ contracts; stresses the importance of ensuring sufficient institutional and budgetary capacities to provideand adequate protection for people in non- standard forms of employment; considers in particular that:
Amendment 723 #
2016/2095(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that secure professional transitions require adequate investment, both in the institutional capacity of public employment services and to assist individual job-search and upskilling; emphasises the importance of intensifying training and placement assistance for those being made redundant in restructuring cases regardless of age;
Amendment 739 #
2016/2095(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to create a specific employment strategy and job search services for older workers, to take into account the needs of older workers and job seekers and to fight ageism on the workplace by embracing the advantages of cooperation between younger and older workers;
Amendment 974 #
2016/2095(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Highlights that today’s phenomenaon of capital-intensive production, high rates of inequality and the continuing rise in ’atypical’ work implyimplies a need to increase the role of general tax revenue in cofinancing social insurance schemes in order to provide decent social protection for all;
Amendment 86 #
2016/2061(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the fact that all people have the right to a decent public pension, and recalls that the Union recognises the entitlement to social security benefits and social services which provide protection in the event of old age or dependency;
Amendment 99 #
2016/2061(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a public minimum pension not related to prevon the Member States to ensure that periouds working life; stresses the importance of shifting towards individual, rather than family- related,of time off work taken by individuals in order to care for family members are counted when these persons’ pension entitlements are calculated;
Amendment 118 #
2016/2061(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. RegretNotes that the current freeze and cuts in pensions in some Member States is hitting people with low incomes, part-time jobs or interrupted careerlow incomes or lengthy interruptions in careers can result in low pensions and thus to poverty in old age; deplores the fact that it is (most of themten women) hardest who are affected;
Amendment 141 #
2016/2061(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Member States to increaseadjust minimum wagincomes as an important tool for narrowing pension gapsreducing poverty in old age;
Amendment 160 #
2016/2061(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to introduce or reinforce pension credits for career interruptions resulting from caring, whatever the family and/or marital status;
Amendment 171 #
2016/2061(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that the sustainability of pension schemes can be reinforced by complementing social security with tax contributionways must be found of reinforcing the sustainability and long- term financial viability of pension schemes;
Amendment 188 #
2016/2061(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Asks the Member States to eliminate obstacles – such as the increase in the minimum contributory years necessary to be eligible for pension entitlements or the linking of pension benefits to lifetime contributions – to access to an adequate pension for people with interrupted careers (most of them wocount career interruptions in the form of parental leave and/or periods spent caring for family members when calculating pension entitlemen)ts;
Amendment 217 #
2016/2061(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Urges the Member States to reverse anyassess reforms of pension systems that aggravate imbalances in pensions (especially genderwith a view to eliminating gender-related imbalances).
Amendment 1 #
2016/2057(INI)
Draft opinion
Recital A
Recital A
Amendment 13 #
2016/2057(INI)
Draft opinion
Recital C
Recital C
Amendment 24 #
2016/2057(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the importance of observing the principle of subsidiarity, asat each Member State must ensure that it addresses any shortcomings on the basis of its own particular requirements;
Amendment 31 #
2016/2057(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for support for the progress achieved by the pharmaceutical industry, hitherto driven by Europebacking to be given to European research projects and SMEs, which have transformed the standard of healthcare in Europe and helped to prolong life expectancy in order to improve the supply of essential medicines in Europe;
Amendment 41 #
2016/2057(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 54 #
2016/2057(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Recommends that information sharing and thet European level and high-quality training ofor medical professionals be made an immediate priority;
Amendment 61 #
2016/2057(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Urges that universal access to medicines should not be contingent on price, whichPoints out that the cost of medicines should reflect a fair balance between the cost of research, industry growth and the need for sustainable welfare systems; urges that universal access to medicines should not be contingent on price;
Amendment 70 #
2016/2057(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Reiterates that the stability of European welfare systems, which are one of the cornerstones of EU cooperation and whose budgets differ greatly from one Member State to another, is contingent on people being in employment, and that high levels of unemployment are making it essential to find new means of, is primarily contingent on people being in employment, and therefore calls for new ways and means to be found so as to be able to continue to funding welfare systems in Europe;
Amendment 76 #
2016/2057(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 150 #
2016/2017(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 233 #
2016/2017(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses the need to address inequalities in paid and unpaid work and to promote an equal sharing between parents of responsibilities and costs for children and for care for dependants between women, men and society as a whole; stresses that appreciation, support and sympathy on the part of society as a whole are prerequisites for a family-friendly society;
Amendment 280 #
2016/2017(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Strongly rRegrets that the Commission withdrew the revision of the Maternity Leave Directive and calls as a matter of urgency for it to return with an ambitious proposal; calls on the Commission and the Member States to ensure that women are paid for the duration of maternity leave; stresses that maternity leave must be accompanied by effective measures protecting the rights of pregnant and new mothers, reflecting the recommendations of the World Health Organisation21; __________________ 21 http://www.who.int/topics/breastfeeding/en /
Amendment 314 #
2016/2017(INI)
Motion for a resolution
Paragraph 15 – introductory part
Paragraph 15 – introductory part
15. Urges the Commission to bring forward proposals on:Calls on the Member States to offer adequate remuneration and social protection for both parents where parental or carers’ leave is taken; calls on the Member States to introduce incentives for men to take on the same share of informal care as women;
Amendment 317 #
2016/2017(INI)
Motion for a resolution
Paragraph 15 – point 1
Paragraph 15 – point 1
Amendment 328 #
2016/2017(INI)
Motion for a resolution
Paragraph 15 – point 2
Paragraph 15 – point 2
Amendment 336 #
2016/2017(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Member States to make it possible for workers to care for dependents, and to offer adequate remuneration and social protection for carers in this situation;
Amendment 366 #
2016/2017(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for the introduction of targets on care for elderly and other dependants and support for informal carers, with monitoring tools within the European Semester that should measure quality, accessibility and affordability; calls on Eurostat and Eurofound to collect relevant data and to carry out studies;
Amendment 384 #
2016/2017(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Points out the high levels of working poor throughout Europe, with people having to work more and longer, evensome sections of the population having to combininge several jobs, in order to earn a decent incomliving wage; calls on the Member States and social partners to develop measures ensuring adequate wages for all workers, and to close the gender pay gap;
Amendment 398 #
2016/2017(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 407 #
2016/2017(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Is concerned about the increased amount of involuntary part-time work; sStresses that when a worker chooses part- time work, the quality of their employment and non-discrimination against them as compared to full-time workers must be guaranteed;
Amendment 446 #
2016/2017(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that gender segregation, pay and pension gaps, gender stereotypes and high levels of stress in managing professional and private life are reflected in women`s high physical inactivity rate and have a huge impact on their physical and mental health23; __________________ 23European Parliament Directorate- General for Internal Policies of the Union study of March 2016 entitled ‘Differences in Men’s and Women’s Work, Care and Leisure Time’.any form of discrimination against women can have a huge impact on their physical and mental health;
Amendment 16 #
2016/2010(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the number of part-time workers, agency workers and bogus self- employed persons in the sector has increased and that the general trend is towards more flexible employment contracts; welcomes the development of new working time models that enable workers, for example, to improve the balance between family and working life, to complete in-service training or to have the option of remaining professionally active even if they are unable or do not wish to be in full-time employment; notes that new, flexible employment contracts must exclude potential risks such as worker overload or pay levels that are not commensurate with performance; calls on the Member States to guarantee appropriate working conditions;
Amendment 3 #
2016/2009(INI)
Draft opinion
Recital A
Recital A
A. whereas petitions to Parliament serve as an important instrument for citizens to report alleged breaches of fundamental rights;
Amendment 6 #
2016/2009(INI)
Draft opinion
Recital B
Recital B
B. whereas almost a hundredover eighty petitions received by Parliament in 2015 concerned alleged breaches of fundamental rights referred to in the Charter of Fundamental Rights of the European Union;
Amendment 16 #
2016/2009(INI)
Draft opinion
Recital D
Recital D
D. whereas the joint-report of the Committee on Petitions onand the Committee on Civil Liberties, Justice and Home Affairs on the Special Report of the European Ombudsman’s in own-initiative inquiry OI/5/2012/BEH-MHZ concerning Frontex established that Frontex has a duty to uphold the EU’s standards on the fundamental rights of asylum seekers in its day-to-day operations; acknowledged Frontex’s efforts to enhance respect for fundamental rights and called on the same Agency to deal with individual complaints regarding infringements of fundamental rights in the course of its operations; whereas the respect and safeguarding of fundamental rights also applies to all the EU institutions, agencies and bodies;
Amendment 21 #
2016/2009(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that citizens’ expectatio the Charter to ens uregarding the protection of their fundamental rights under the Charter are often disappointed, which may aggravate theirby institutions and bodies of the Union and Member States when implementing Union law; notes that a lack of such protection and awareness would lead citizens to be disenchantmented with the European project; notes that the general public has a limited grasp of the field of application of the Charter; believes that the European Commission and the Member States could do more to promote knowledge of the Charter, in particular the effect of its Article 51 by means of targeted campaigns using both traditional and online media;
Amendment 33 #
2016/2009(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the portability of social security benefits, pensions, health care and recognition of professional qualifications and civil status documents is a guaranteedfreedom of movement and of residence is a fundamental right conferred on citizens in the Internal Market and by the Charter; notes that many citizens still encounter problems in asserting these righis right, including the portability of social security benefits, pensions, health care and recognition of professional qualifications and civil status documents;
Amendment 38 #
2016/2009(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the rights of people with disabilities, who strive to live a life as close to normal as possible to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community; calls on the Commission and the Member States to ensure that these rights are properly respected and applied, notably the rights resulting from the ratification of the United Nations Convention on the Rights of Persons with Disabilities; is of the opinion that EU funds should not go towards projects that are in breach of this fundamental right, such as projects that aim to segregate people with disabilities from the community;
Amendment 53 #
2016/2009(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States to act, in accordance with the Charter, to ensure that citizens receive universal access to quality healthcare, justice, social services and education; underlines that asylum seekers who come into contact with Frontex should have their fundamental rights respected and should be offered full recourse to uphold those rights via an established complaints mechanismcommends the inclusion of an independent complaints mechanism as per the Regulation of the European Parliament and of the Council on the European Border and Coast Guard to monitor and ensure the respect for fundamental rights in all the activities of the Agency;
Amendment 63 #
2016/2009(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Deplores all instances of discrimination against minorities, immigrants and asylum seeker; calls on Member States to pay particular attention to discrimination against minorities and migrants, as well as restrictions on the freedom of the media regularly reflected in petitions; calls on the Member States to pay particular welcomes the unblocking of the Directive on implementation of the principle of equal treattmention to these issues; welcomes the unblocking of the anti-discrimination directive between persons irrespective of religion or belief, disability, age or sexual orientation in the European Council;
Amendment 75 #
2016/2009(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to guarantee the fundamental rights of citizens from non-EU countries, particularly asylum seekers, living in an EU country as laid down in the Charter of Fundamental Rights;
Amendment 86 #
2016/2009(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for special attention to the rights of children, in particular in the context of cross-border custody disputes and parental visitation rights; calls on the Commission to provide clear guidance on the concept of ‘best interests of the child’ in the context of the revisionew of the Brussels IIA Regulation;
Amendment 94 #
2016/2009(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Welcomes the advances made in LGTBTI rights in 2015; remains concerned about ongoing discrimination on the grounds of sexual orientation and limits to the freedom of speech of LGTBTI people;
Amendment 100 #
2016/2009(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Encourages the Commission to take up stronglyeffectively take up the issue of national voting rights, particularly in cases where citizens are disenfranchised in national elections when they exercise their fundamental right to free movement and residence.
Amendment 102 #
2016/2009(INI)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the institutions and bodies of the Union and Member States when they are implementing Union law to ensure a high-level of environmental protection and to adhere to the principle of sustainable development; regrets the over-development that is taking place in parts of the EU, which is having negative effects on the environment and the lives of European citizens and residents living in the areas affected.
Amendment 9 #
2016/0404(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The results of the mutual evaluation process revealed a lack of clarity as regards the criteria to be used by national competent authorities when assessing the proportionality of requirements restricting access to or pursuit of regulated professions, as well as uneven scrutiny of such measures at all levels of regulation. To avoid fragmentation of the internal market and eliminate barriers to taking-up and pursuit of certain employed or self- employed activities and therefore boost employment where relevant, it is therefore necessary to establish a common approach at Union level, preventing disproportionate and unduly excessive measures from being adopted.
Amendment 10 #
2016/0404(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The activities covered by this Directive should concern the regulated professions falling within the scope of Directive 2005/36/EC. This Directive should apply in addition to Directive 2005/36/EC and without prejudice to other provisions laid down in a separate Union act concerning access to, and the exercise of a given regulated profession. While professional regulation of healthcare services, consisting of activities intended to assess, maintain or restore the state of health of patients, remains, according to Article 59 of Directive 2005/36/EC, subject to compliance with the proportionality principle, it should be excluded from the scope of this Directive. This exception should also cover commercial health professions (opticians- optometrists including those specialising in contact lenses, hearing aid technicians, orthopaedic technicians, orthopaedic shoe makers and dental technicians).
Amendment 23 #
2016/0404(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) This Directive establishes rules for proportionality test to be carried out before introducing new, or amending existing, legislative, regulatory or administrative provisions restricting access or pursuit of regulated professions.It has to be underlined, that this Directive leaves the prerogative to regulate access to or pursuit of regulated professions within Member States in respect of principles of non- discrimination and proportionality.
Amendment 26 #
2016/0404(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that Member State and by specific evidence substantiating its arguments. Although a Member State does not necessarily have to be able to produce a specific study or a specific form of evidence or materials establishing the proportionality of such measure prior to its adoption, it should carry out a review capable of demonstrating that there was a genuine need to achieve public-interest objectives in view of the specific circumstances of that Member State.
Amendment 31 #
2016/0404(COD)
Proposal for a directive
Recital 9
Recital 9
(9) The burden of proof of justification and proportionality lies on the Member States. The reasons for regulation invoked by a Member State by way of justification should thus be accompanied by an analysis of the appropriateness and proportionality of the measure adopted by that State and by specific well justified evidence substantiating its arguments.
Amendment 67 #
2016/0404(COD)
Proposal for a directive
Recital 18
Recital 18
(18) The economic impact of the measure, including a cost-benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided, as well as the impact on the right to work and on the free movement of persons and services within Member States and the Union should be duly taken into account by the competent authorities. Based on this analysis, Member States should ascertain, in particular, whether the extent of the restriction of access to or pursuit of regulated professions within the Union is proportionate to the importance of the objectives pursued and the expected gains.
Amendment 77 #
2016/0404(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) The extent and degree of the criteria being used during the proportionality test should be appropriate and adjusted to the content of the provisions being introduced and its impact.
Amendment 80 #
2016/0404(COD)
Proposal for a directive
Recital 21
Recital 21
(21) It is essential for the proper functioning of the internal market to ensure that Member States provide information to citizens, representative associations, social partners and consumers or other relevant stakeholders before introducing new measures restricting access to or pursuit of regulated professions and give them the opportunity to make known their views.
Amendment 84 #
2016/0404(COD)
Proposal for a directive
Recital 22
Recital 22
(22) To facilitate the exchange of best practices, each Member State should encouragesure that the relevant competent authorities to share adequate and regularly updated information with other Member States on the regulation of professions. The Commission should take relevant initiatives in order to encourage smooth exchange of information between Member States.
Amendment 89 #
2016/0404(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on a common framework for conducting proportionality assessments beforewhen introducing new or amending existing legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, with a view to ensuring the proper functioning of the internal market. The Directive shall be without prejudice, however, to the prerogative of Member States as to whether and how they regulate professions, subject to the principles of non-discrimination and proportionality, and to their margin of appreciation in that regard. The adoption by a Member State of protective measures more extensive than those of other Member States shall not necessarily be disproportionate.
Amendment 103 #
2016/0404(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This Directive shall not apply to healthcare services consisting of activities intended to assess, maintain or restore the state of health of patients whether or not they are provided via healthcare facilities.This shall also include commercial health professions (opticians- optometrists including those specialising in contact lenses, hearing aid technicians, orthopaedic technicians, orthopaedic shoe makers and dental technicians).
Amendment 104 #
2016/0404(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Where specific arrangrequirements concerning the regulation of a given profession are established in a separate Union act, the corresponding provisions of this Directive shall not apply. Nor shall the provisions of the Directive apply in respect of Member States' provisions on the organisation or content of professional education and training or on delegating the organisation and supervision of such education and training to professional organisations.
Amendment 131 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessarynon-discriminatory, justified and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence, taking into account the reasonable margin of appreciation allowed to Member States. An absence of quantitative evidence shall not be grounds for concluding that a provision is disproportionate.
Amendment 133 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The reasons for considering that a provision is justified, necessary, non- discriminatory and proportionate shall be substantiated by qualitative and, wherever possible, quantitative evidence.
Amendment 144 #
2016/0404(COD)
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall take the necessary measures to ensure that the assessment of proportionality referred to in paragraph 1 is carried out in an objective and independent mannerincluding through involvement of independent scrutiny bodies.
Amendment 155 #
2016/0404(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The relevant competent authorities shall consider in particular whether those provisions are objectively justified on the basis of public policy, public security or public health, or by overriding reasons in the public interest, such as preserving the financial equilibrium of the social security system, the protection of consumers, recipients of services and workers, the safeguarding of the proper administration of justice, fairness of trade transactions, combating fraud and prevention of tax evasion and avoidance, road safety, the protection of the environment and the urban environment, the health of animals, intellectual property, the safeguarding and conservation of the national historic and artistic heritage, threats to social policy objectives and cultural policy objectives.
Amendment 180 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) the nature of the risks related to the public interest objectives pursued, in particular the risks to consumers, patients to professionals or third parties;
Amendment 217 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point i
Article 6 – paragraph 2 – point i
(i) the economic impact and impact on employment of the measure, with particular regard to the degree of competition in the market and the quality of the service provided, job creation, employment opportunities for young graduates as well as the impact on the free movement of persons and services within the Union;
Amendment 226 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 2 – point k
Article 6 – paragraph 2 – point k
Amendment 238 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For the purposes of paragraph 2(j), where the measures are justified by consumer protection and where the risks identified are limited to the relationship between the professional and the consumer without negatively affecting third parties, the relevant competent authoritiMember States shall assess in particular whether the objective can be attained by protected professional title without reserving activiless restrictive means than reserving activities. Compulsory chamber membership shall also be an appropriate requirement in respect of professions covered by this Directive where the State has made professional organisations responsible for safeguarding the relevant public-interest objectives.
Amendment 257 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point d
Article 6 – paragraph 4 – point d
Amendment 282 #
2016/0404(COD)
Proposal for a directive
Article 6 – paragraph 4 – point j a (new)
Article 6 – paragraph 4 – point j a (new)
(j a) proportionality of administrative requirements.
Amendment 291 #
2016/0404(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall, by appropriate means, inform citizens, service recipients, those in relevant training or education, representative associations and relevant stakeholders other than the members of the profession before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, and give them the opportunity to make known their views.
Amendment 299 #
2016/0404(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. For the purposes of the efficient application of this Directive, before introducing new legislative, regulatory or administrative provisions restricting access to or pursuit of regulated professions, or amending existing ones, Member States shall encourage thsure exchange of information with competent authorities of other Member States on matters covered by this Directive, such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities, on a regular basis, or, where appropriate, on an ad hoc basis.
Amendment 22 #
2016/0403(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Cross-border trade and cross-border investment in certain business and construction services are particularly low showing a potential for better integration of services markets with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has not been fully exploited.
Amendment 27 #
2016/0403(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) Furthermore, the European services e-card should contribute positively towards making the European market more competitive, facilitating administrative provisions for businesses, which could give a further push for growth and employment policies.
Amendment 30 #
2016/0403(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The European services e-card should be fully electronic, rely almost exclusively on datavalid and authentic data verified by the home Member State and provided by reliable sources, limit the use of documents to the minimum necessary and allow for multilingual processing to avoid translation costs. In order to make the procedure fully electronic and allow for administrative cooperation between home and host Member States. The Internal Market Information system set up by Regulation (EU) No 1024/2012 of the European Parliament and of the Council22 should be used under this Regulation. A specific electronic platform should be developed for the purpose of issuing, updating, suspending, revoking or cancelling European services e-cards, as well as to make valid European services e- cards electronically available to their holders and to competent authorities. __________________ 22 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC ( ‘the IMI Regulation’ ) (OJ L 316, 14.11.2012, p. 1)
Amendment 32 #
2016/0403(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to submit an application for a European services e-card, a harmonised multilingual form should be made available ensuring that the elements necessary for identification of the provider and of the services for which the e-card is requested, as well as for the assessment of specific requirements applicable to the services at stake, such as those regarding proof of its establishment in the home Member State, good repute or insurance coverage, are included and thus made available to coordinating authorities in both home and host Member States. The application for a European services e- card should be submitted to the coordinating authority of the home Member State, where the applicant has its previous legal establishment, to be checked by that same home Member State during its assessment of the application. As in the context of Directive 2006/123/EC, in case of several places of establishment for the services concerned, the location of the provider's centre of activities relating to the particular service in question should be that place of establishment. The determination that the home Member State in relation to one or more e-cards is not where the centre of activities of its holder is located should determine the revocation of those e-cards.
Amendment 34 #
2016/0403(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) During the implementation of this Regulation, Member States should inform and update the Commission of procedures imposed under national law on incoming cross-border providers wishing to provide services temporarily or through a branch, agency or office, including the information and documents to which those procedures pertain, to allow for the preparation of application forms. In order to ensure uniform implementation concerning the necessary information to be provided for the application of the European service e- card, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council23. The application form should be based only on legitimate requirements, notification and authorization schemes in line with the Services Directive. The inclusion of data-fields in the application forms to be filled-in with relevance for national requirements, prior notification and prior authorization schemes of the host Member State is without prejudice to the Commission's powers under the Treaties and the Member States' obligation to comply with the provisions on Union law. __________________ 23 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)
Amendment 37 #
2016/0403(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Holders of a European services e- card may want to second staff into the territory of the host Member State. When doing so, service providers may be subject to requirements, such as prior declarations addressed to the host Member State, necessary for the protection of posted workers. The European Services e-card will in no way affect the content of such declarations and the responsibilities by the host Member State in that regard.
Amendment 38 #
2016/0403(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) As regards the prior declaration that may be required under Article 9 of Directive 2014/67/EU of the European Parliament and of the Council25, the electronic platform connected to IMI should direct holders of a European services e-card to electronic national procedures put in place in the host Member State where the workers will be posted, wherever such national procedures allow for the electronic submission of the above- mentioned prior declaration. __________________ 25 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11)
Amendment 40 #
2016/0403(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The electronic platform connected to IMI should be made available by the Commission to those Member States that have previously communicated to the Commission their intention to make use of this possibility. Where Member States decide to allow for the use of IMI for the sending of the prior declaration in relation to workers posted in their territory, holders of a European services e-card shall be able to submit a declaration as referred to in Article 9 of Directive 2014/67/EU directly to the competent authority in the host Member State as defined in Article 2(a) of Directive 2014/67/EU, through the electronic platform connected to IMI. To that end, a host Member State should provide all the elements required in accordance with point a) of paragraph 1 and paragraph 2 of Article 9 of Directive 2014/67/EU as the basis for a multi-lingual form to be submitted for the declaration of posted workers on its territory. The Commission should publish this form in the Official Journal and make it available in the electronic platform connected to IMI. The relevant information with regard to the elements required should be available for the host Member State concerned in full compliance with the language requirements set out in Article 9(1)(a) of Directive 2014/67/EU. The experience of these Member States with the use of the electronic platform connected to IMI should be part of the assessment foreseen in the second subparagraph of Article 19 of this Regulation.
Amendment 41 #
2016/0403(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents only in exceptional circumstances, when more detailed information is absolutely essential. In any case, all of suchonly certified documents should be used and accepted in simple formaccepted.
Amendment 44 #
2016/0403(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often have difficulty demonstrating their claims history regarding cover obtained elsewhere. Claims histories are an essential element to insurance distributers in ascertaining and assessing the risk profile of a potential client. Demonstration is difficult due to poor communication between insurance distributers across internal market borders but also to disparities in describing the track-record of an insured party, even within the same Member State. Insurance distributers and bodies appointed by a Member State to provide compulsory insurance cover should therefore be obliged to issue a statement relating to the third party liability claims which can then be used across borders and even domestically, should a service provider change insurance distributer.
Amendment 49 #
2016/0403(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) A single coordinating authority should be designated by each Member State to carry out the tasks provided for in this Regulation, without prejudice to the competences set out in applicable national legislation. Suchas focal points for all cross-border exchanges of information between competent authorities of home and host Member States, which do not take place automatically through interconnection of registers as well as sole intermediaries of all exchanges of information between competent authorities and applicants or holders of European services e-cards, without prejudice to the competences set out in applicable national legislation: assessment of applications for e-cards requests for information and decisions whether to issue an e-card or whether to suspend or revoke it should all be fulfilled in substance by the competent authorities in charge already today of controlling service providers expanding operations across-borders. Apart from the e-card applicants or holders, the coordinating authorities should remain the sole actors for the purposes of progressing the procedural workflow in the electronic platform developed for the European services e-card. Such coordinating authorities should be registered as a competent authority in the Internal Market Information system for the purposes of Regulation (EU) 1024/2012 and communicated to the Commission.
Amendment 56 #
2016/0403(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Regulation is without prejudice to other Union acts related to social security and labour law, including any legal or contractual provision concerning employment conditions, working conditions, in particular health and safety at work and the relationship between employers and workers.
Amendment 57 #
2016/0403(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point -1 (new)
Article 3 – paragraph 1 – point -1 (new)
-1 "European services e-card": means an electronic tool, resulting from a harmonised procedure, proving that its holder is a service provider legally established in the home Member State, entitled, in that territory, to provide the service activities in question, as well as stipulating the right of its holder to start provision of the services in question in the host Member State, without establishing there or through a branch, an agency or office located therein, as the case may be, and to continue such provision, for as long as it remains valid;
Amendment 63 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 3 – point d
Article 4 – paragraph 1 – subparagraph 3 – point d
(d) information pertaining todescribing the circumstances of establishment of the provider in the home Member State in relation to the service activity identified in accordance with (b), with consideration for the host Member State in question, including the date of initial establishment and identification of other Member States of establishment;
Amendment 67 #
2016/0403(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall provide to the Commission with all information on the procedural steps related to requirements imposed on providers for the provision of services through a branch, agency or office and for temporary cross-border provision of service activities falling under Directive …[ESC Directive]……….., necessary for the development of the standard application forms, describing the information and documents the presentation of which is required under national law of the provider in relation to all applicable requirements, through IMI by [9 months after entry into force of this Regulation] to the extent that the information was not contained in the notification of the requirement itself already submitted under Articles 15(7) and 39(5) of Directive 2006/123/EC. The inclusion of fields of data in the application form to be filled-in in the context of a procedure to issue a European services e-card corresponds to the national requirements, prior notification and prior authorization schemes under host Member States law and is without prejudice to the Commission's power under the Treaties and the Member States' obligations to comply with the provisions of Union law.
Amendment 75 #
2016/0403(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 82 #
2016/0403(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall accept documents in a simple copy form and shall not request that documents submitted to them are subject to legalisation, apostille formalities, certification or authenticationonly accept certified documents.
Amendment 87 #
2016/0403(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. A certified translation shall not be requested in one of their official languages for documents used in the context of procedures to issue, update, suspend or revoke a European services e- card or in the context of formalities for secondment of staff and movement of self- employed in accordance with Articles 6 (1) and 7. This shall not affect the right of Member States to require non-certified translations of documents in one of their official languages, in accordance with EU law.
Amendment 93 #
2016/0403(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 96 #
2016/0403(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Coordinating authorities and competent authorities in different Member States shall exchange information and give each other mutual assistance in the context of a procedure to issue suspend, revoke or cancel a European services e-card as well as in the update of the information contained therein. ThisClear lines of responsibility shall be established in respect of updating the information contained in the European services e-card in a timely manner. These obligations shall also apply in the context of formalities in accordance with Articles 6 (1) and 7 for secondment of staff and movement of self- employed, in relation to competent authorities as defined in point (ii) of Article 3(19).
Amendment 99 #
2016/0403(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. For the purposes of this Regulation, each Member State shall designate one coordinating authority, empowered to perform the tasks assigned to them in accordance with this Regulation and Directive [ESC Directive], in the context of procedures to issue, update, suspend, revoke or cancel a European services e-card, as well as in relation to the formalities performed in accordance with Articles 6(1), 6(3) and 7, each Member State shall designate one coordinating authority, empowered to act as the sole intermediary of all exchanges of information between competent authorities and applicants or holders of European services e-cards, as well as the sole intermediary of all cross-border exchanges of information between competent authorities of home and host Member States, which do not take place automatically through interconnection of registers.
Amendment 102 #
2016/0403(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. This Article shall not call into question the allocation of the competences, at local or regional level, of the Member States. Without prejudice to paragraph 1, competent authorities in Member States shall retain all competences allocated to them under national law and act accordingly in the context of procedures to issue, update, suspend, revoke or cancel a European services e-card, as well as in relation to the formalities performed in accordance with Articles 6(1), 6(3) and 7.
Amendment 38 #
2016/0402(COD)
Proposal for a directive
Recital 27
Recital 27
(27) In case a host Member State has put in place a comprehensive and updated information database in its point of single contact, its coordinating authority can simply refer to the relevant webpage from where the information can be retrieved in the context of the European services e-card procedure, which should also be available in all of the official languages.
Amendment 46 #
2016/0402(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The host Member State should no longer control whether the applicant for a European services e-card is legally established in another Member State. Nor should it put into question the veracity and validity of the data and documents included in an application, once validated by the coordinating authority of the home Member State. Conversely, the coordinating authority of the home Member State should not assess whether it issues a European services e- card for temporary cross-border provisions of services based on compliance by the provider of host Member State requirements, rather it should only assess of whether the applicant is legally established in its territory for the provision of the service in question at the time the decision to issue is made. The host Member State should have the opportunity to check whether the applicant for a European services e-card is legally established in another Member State, in case of reasonable suspicion of abuse. In the same manner, the member state should be able to put into question the veracity and validity of the data and documents included in an application, even after validation by the coordinating authority of the home Member State, in case of reasonable suspicion of abuse.
Amendment 54 #
2016/0402(COD)
Proposal for a directive
Recital 40
Recital 40
(40) A European services e-card should allow for provision of services throughout the territory of the host Member State. A service provider, once established in a Member State in the form of a branch, agency or office, should not, in principle, need to apply for another e-card in order to expand provision of services already covered by the existing e-card domestically through additional branches, agencies or offices there, as the case may be. However, as Directive 2006/123/EC expressly provides for, authorisations for each individual branch, agency or office may be justified by overriding reasons of public interest. In that case, sService providers should continue to have the choice of expanding operations domestically by obtaining those authorisations under national law or applying for additional European services e-cards, for each additional branch, agency of office, as the case may be.
Amendment 58 #
2016/0402(COD)
Proposal for a directive
Recital 42
Recital 42
(42) A European services e-card should be valid for an indefinite period in24 months and renewed automatically for the same period an indefinite number of times, without prejudice to, in relation to temporary cross- border services, the effects of case-by-case derogations in accordance with Directive 2006/123/EC. The renewal process should include a check of the validity of information relating to the service provider
Amendment 66 #
2016/0402(COD)
Proposal for a directive
Recital 43
Recital 43
(43) A European services e-card should however be suspended by the issuing coordinating authority if, temporarily, the service provider is banned from providing the services in question. The suspension should last as long as the ban is in place. A European services e-card should be revoked by the issuing coordinating authority if the conditions for issuing it or for it to remain valid, as a testament of legality of service provision in the host Member State, are no longer met. A final decision establishing that an e-card holder misrepresented him or herself as a service provider and that, under national law of either home or host Member State he or she is considered to be a worker, should lead to the revocation of the European services e-cards in question. Similarly, cases of fraudulent, inaccurate or falsified information or documents used in the context of issuing a European services e- card should impact the validity of the e- card. In order to prevent the existence of inaccurate or fraudulent information, the service provider should be obliged to update the information on the card regularly. Providing false information on the e-card should be subject to a fine established by the Member States.
Amendment 90 #
2016/0402(COD)
Proposal for a directive
Article 5 – paragraph 4 – point v a (new)
Article 5 – paragraph 4 – point v a (new)
(va) any requirements regarding measures relating to posted workers in accordance with the Article 9 of Directive 2014/67/EU.
Amendment 96 #
2016/0402(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
A European services e-card shall be valid for an indefinite duration24 months, and shall be automatically renewable an indefinite number of times, unless suspended, revoked or cancelled, in accordance with Articles 15 to 17. The renewal process shall be launched by the coordinating authority concerned and shall include a check of the validity of the information relating to the service provider. The service provider shall provide updated information if requested to do so by the coordinating authority concerned. The coordinating authority shall carry out checks and inspections, if necessary, in order to ascertain the occurrence of any event that may result in the suspension or revocation of the European services e-card pursuant to Article 15 or 16.
Amendment 110 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – introductory part
Article 11 – paragraph 1 – subparagraph 1 – introductory part
The coordinating authority of the home Member State shall within onthree weeks of having received an application for a European services e-card:
Amendment 117 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point d
Article 11 – paragraph 1 – subparagraph 1 – point d
(d) verify the content and validity of accompanying documents, if any, that prove compliance with requirements applicable to the service provision to which the applicant is subject in the home Member State;
Amendment 118 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 – point g
Article 11 – paragraph 1 – subparagraph 1 – point g
(g) upload to the electronic platform where the standard form for application is made available the necessary documents, if any, obtained in accordance with Article 14(2).
Amendment 121 #
2016/0402(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The coordinating authority of the home Member State shall, upon completion of the tasks referred to in paragraph 1, communicatetransfer without delay the application to the coordinating authority of the host Member State, with information to the applicant.
Amendment 126 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Within twohree weeks from receiving the application from the home member state, the coordinating authority of the host Member State shall examine it and inform the applicant and the home Member State of any requirements applicable to temporary cross-border provisions under the legislation of the host Member State with the exception of those referred to in Article 5(4). In line with the rights of Member States as referred to in Article 10, the coordinating authority of the host Member State may within the same time- limit, decide to object to the issue of the European services e-card by the coordinating authority of the home Member State where it demonstrates that the application of a prior authorisation scheme, prior notification scheme or requirements to the applicant is justified for one of those overriding reasons of public interest set out in Article 16 of Directive 2006/123/EC or is admissible in accordance with other acts of EU law.
Amendment 141 #
2016/0402(COD)
Proposal for a directive
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
If the host Member State does not object in accordance with paragraph 1, the coordinating authority of the home Member State shall issue the European services e-card without delay upon expiration of the extended time-limit resulting from the application of paragraph 2. In the absence of any objection under the second subparagraph of paragraph 1 and failing a decision by the coordinating authority of the home Member State upon expiration of the extended time-limit resulting from the application of paragraph 2, the European services e- card shall be deemed to have been issued by the home Member State in the terms communicated to the host Member State in accordance with Article 11(2).
Amendment 149 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
The host Member State shall immediatelyno later than three weeks after receipt of the application inform the applicant and the coordinating authority of the home Member State of the prior authorisation or prior notification scheme in question, the conditions which the applicant is required to comply with and of the necessity and proportionality thereof.
Amendment 170 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 6
Article 13 – paragraph 6
Amendment 175 #
2016/0402(COD)
Proposal for a directive
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 in order to specify the procedure for the coordinating authority of the host Member State to request clarifications or additional information from the home Member State as referred to in paragraph 5, and to modify if necessary the time-limits mentioned in paragraphs 1 and 4.
Amendment 182 #
2016/0402(COD)
Proposal for a directive
Article 15 – paragraph 2 – point iv a (new)
Article 15 – paragraph 2 – point iv a (new)
(iva) Member States shall ensure that coordinating authorities who issued a European services e-card revoke it in case the e-card holder does not comply with the posting of workers regulation
Amendment 184 #
2016/0402(COD)
Proposal for a directive
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. Member States shall ensure coordinating authorities who issued a European services e-card revoke, by electronic means, through the IMI system, all European services e-cards issued for the same provider and service activities in case that provider:
Amendment 191 #
2016/0402(COD)
Proposal for a directive
Article 17 – paragraph 6
Article 17 – paragraph 6
6. The holder of a European services e-card may, by electronic means, request the cancellation of its previously issuedthe European services e-card to the issuing coordinating authority at any time.
Amendment 194 #
2016/0402(COD)
Proposal for a directive
Article 17 – paragraph 7 – subparagraph 2 a (new)
Article 17 – paragraph 7 – subparagraph 2 a (new)
Member States may impose a fine on a service provider that provides information that proves to be incorrect upon inspection.
Amendment 56 #
2016/0397(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) As regards family benefits for family members living in a Member State other than the competent Member State, their costs and standards of living are likely to differ compared to those of family members residing in the competent Member State. Family benefits are intended to meet family expenses and therefore predominantly serve the purpose of partially meeting the actual costs for living.
Amendment 58 #
2016/0397(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enable a timely update of this Regulation to the developments at the national level, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the European Commission in respect oforder to amending the Annexes to this Regulation and to Regulation (EC) No 987/2009, and to supplement this Regulation by establishing a concrete, consistent and functional adjustment mechanism for the allocation of family benefits in relation to children residing in Member States other than the competent Member State. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.36 In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States'’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 36 OJ L 123, 12.5.2016, p. 1–14 .
Amendment 60 #
2016/0397(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission, to adopt upgrading and downgrading factors for the adjustment of family benefits for children residing in Member States other than the competent Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 68 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 883/2004
Recital 5
Recital 5
2a. Recital 5 is replaced by the following: (5) It is necessary, within the framework of such coordination, to guarantee within the CommunityUnion equality of treatment under the different national legislation for the persons concerned.
Amendment 83 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35 a
Recital 35 a
(35a) Family benefits in cash intended to replace income during a periods of child- raising are individual rights which are personal to the parent subject to the legislation of the competent Member State. Given the specific nature of these family benefits, such benefits should be listed in Part I of Annex XIII to this Regulation and should be exclusively reserved to the parent concerned. The Member State with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent Member State and under the legislation of the Member State of residence of membersor the purpose of calculating the differential supplement, this Regulation should take into account the judgment of the Court of Justice in Case C-347/12, Wiering, while providing for the necessary clarifications and simplifications. Taking into account the particular nature of the various family benefits of the Member States, two types of family benefit should not be of the fsamily should not apply to such benefits. Where a Member State chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and be listed in Part II of Annex XIIIe kind and should be distinguished on the basis of their main purpose, objectives and the basis on which they are granted.
Amendment 84 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35 b (new)
Recital 35 b (new)
(35b) The cost of living of family members especially children residing in a Member State other than the competent Member State varies depending on the Member States concerned. The purpose of family benefits is to partially meet the child´s costs of living. Member States listed in an annex to this Regulation should determine the amount of family benefits due to family members residing in Member States other than the competent Member State
Amendment 85 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35 c (new)
Recital 35 c (new)
(35c) Family benefits in cash which are primarily intended to replace income that could not be earned, whether in part or in full, or income that the person cannot earn due to child-raising, can be distinguished from other family benefits intended to meet family expenses. As family benefits in cash could be considered to be individual rights which are inherent to the claimant, subject to the law of the competent Member State, it should be possible to link the entitlement to such benefits exclusively to the claimant. The Member State in which the family members of the claimant are resident should be able to decide not to apply the priority rules where there are overlapping rights to such benefits under that Member State’s law and the law of the competent Member State. Where a Member State decides not to apply the rules of priority it should do so consistently in respect of all persons entitled to such benefits in analogous situations.
Amendment 86 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 46
Recital 46
(46) In order to enable a timely update of this Regulation to the developments at the national level, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the European Commission in respect of amending the Annexes to this Regulation and to Regulation (EC) No 987/2009 and to supplement this Regulation by establishing a concrete, consistent and functional adjustment mechanism for the allocation of family benefits in relation to children residing in a Member State other than the competent Member State. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.43 In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States'’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 43 COM(2015) 216 final.
Amendment 120 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 883/2004
Article 67 a (new)
Article 67 a (new)
Amendment 121 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Regulation (EC) No 883/2004
Article 67 b (new)
Article 67 b (new)
22b. The following article is inserted: “Article 67b Delegated acts for the creation of an adjustment mechanism for exported family benefits The Commission is empowered to adopt delegated acts in accordance with Article 88a in order to supplement this Regulation by establishing a consistent and functional adjustment mechanism for exported family benefits and to amending the list of Member States and competent regional authorities set out in Annex XIIIb which apply the adjustment mechanism.”
Amendment 122 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 c (new)
Article 1 – paragraph 1 – point 22 c (new)
Regulation (EC) No 883/2004
Article 67 c (new)
Article 67 c (new)
22c. The following article is inserted: “Article 67c Implementing acts establishing up- and downgrading factors for the adjustment mechanism The Commission shall adopt implementing acts in order to establish up- and downgrading factors for the adjustment mechanism provided for in Article 67b for each Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88b.”
Amendment 123 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 d (new)
Article 1 – paragraph 1 – point 22 d (new)
Regulation (EC) No 883/2004
Article 68 – paragraph 2 a (new)
Article 68 – paragraph 2 a (new)
22d. In Article 68, the following paragraph is inserted: "2a. For the purposes of calculating the differential supplement for family benefits as referred to in paragraph 2, there shall be two categories of benefits of the same kind: (a) family benefits in cash primarily intended to replace part or the whole of income that claimant has not earned or cannot earn due to child-raising; and (b) all other family benefits.”
Amendment 124 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Regulation (EC) No 883/2004
Article 68 b – paragraph 1
Article 68 b – paragraph 1
1. 1. Family benefits in cash which are intended to replace income during periods of child-raising andreferred to in point (a) of Article 68(2a) which are listed in Part 1I of Annex XIII shall be awarded solely to the person subject tounder the legislation of the competent Member State and there shall be no derived right for his or her family memberssolely to the person subject to that legislation. There shall be no derived right to such benefits. Article 68a of this Regulation shall not apply to such benefits nor shall the competent institution be required to take into account a claim submitted by the other parent, a person treated as a parent or institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Regulation.
Amendment 128 #
2016/0397(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) As regards family benefits for family members living in a Member State other than the competent Member State, their costs and standards of living are likely to differ compared to those of family members residing in the competent Member State. Family benefits are intended to meet family expenses and therefore predominantly serve the purpose of partially meeting the actual costs for living.
Amendment 128 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
2. The delegation of power referred to in Articles 67b and 88 shall be conferred on the European Commission for an indeterminate period of time from the [the date of entry into force of the Regulation (EU) xxxx].
Amendment 129 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 3
Article 88 a – paragraph 3
3. The delegation of the power referred to in Article 67b and 88 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force
Amendment 130 #
2016/0397(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Family benefits should help cover the actual cost of living. They should be indexed to ensure fairness and justice for European families.
Amendment 130 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
6. A delegated act adopted pursuant to Articles 67b and Article 88 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiring of that period, the European Parliament and the Council have both informed the European Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council..
Amendment 131 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27 a (new)
Article 1 – paragraph 1 – point 27 a (new)
Regulation (EC) No 883/2004
Article 88 b (new)
Article 88 b (new)
27a. The following article is inserted: "Article 88b Committee procedure 1. The Commission shall be assisted by the Administrative Commission. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply."
Amendment 132 #
2016/0397(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to enable a timely update of this Regulation to the developments at the national level, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the European Commission in respect oforder to amending the Annexes to this Regulation and to Regulation (EC) No 987/2009, and to supplement this Regulation by establishing a concrete, consistent and functional adjustment mechanism for the allocation of family benefits in relation to children residing in Member States other than the competent Member State. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.36 In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 36 OJ L 123, 12.5.2016, p. 1–14. OJ L 123, 12.5.2016, p. 1–14.
Amendment 132 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Regulation (EC) No 987/2009
Article 1 – point 2 – point e a
Article 1 – point 2 – point e a
(ea) ‘fraud’ means any intentional act or omission to act, in order to obtain or receive social security benefits or to avoid to pay social security contributions, contrary to the provisions of the basic Regulation and the implementing Regulation or the law of a Member State;.
Amendment 134 #
2016/0397(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission, to adopt upgrading and downgrading factors for the adjustment of family benefits for children residing in Member States other than the competent Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 146 #
2016/0397(COD)
Proposal for a regulation
Annex I – point 7
Annex I – point 7
Regulation (EC) No 883/2004
Annex XIII
Annex XIII
Part II Member States which award family benefits referred in Article 65b(1)8b in full
Amendment 147 #
2016/0397(COD)
Proposal for a regulation
Annex I – point 7 a (new)
Annex I – point 7 a (new)
Regulation (EC) No 883/2004
Annex XIII a (new)
Annex XIII a (new)
7a. The following annex is added: “Annex XIIIa (Article 67c) Adjustment mechanism for the allocation of family benefits in relation to children residing in Member States other than the competent Member State Member States and competent regional authorities adapting family benefits in accordance with the adjustment mechanism referred to in Article 67b:”
Amendment 182 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35a
Recital 35a
(35a) Family benefits in cash intended to replace income during a periods of child- raising are individual rights which are personal to the parent subject to the legislation of the competent Member State. Given the specific nature of these family benefits, such benefits should be listed in Part I of Annex XIII to this Regulation and should be exclusively reserved to the parent concerned. The Member State with secondary competence may elect that the rules of priority in the case of overlapping of rights to family benefits under the legislation of the competent Member State and under the legislation of the Member State of residence of membersor the purpose of calculating the differential supplement, this Regulation should take into account the judgement of the Court of Justice in Case C-347/12, Wiering, while providing for the necessary clarifications and simplifications. Taking into account the particular nature of the various family benefits of the Member States, two types of family benefit should not be of the fsamily should not apply to such benefits. Where a Member State chooses to disapply the priority rules it must do so consistently in respect of all entitled persons in an analogous situation and be listed in Part II of Annex XIIIe kind and should be distinguished on the basis of their main purpose, objectives and the basis on which they are granted.
Amendment 186 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35 b (new)
Recital 35 b (new)
(35b) The cost of living of family members especially children residing in a Member State other than the competent Member State varies depending on the Member States concerned. The purpose of family benefits is to partially meet the child´s costs of living. Member States listed in an annex to this Regulation should determine the amount of family benefits due to family members residing in Member States other than the competent Member State.
Amendment 188 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 883/2004
Recital 35 c (new)
Recital 35 c (new)
(35c) Family benefits in cash which are primarily intended to replace income that could not be earned, whether in part or in full, or income that the person cannot earn due to child-raising, can be distinguished from other family benefits intended to meet family expenses. As family benefits in cash could be considered to be individual rights which are inherent to the claimant, subject to the law of the competent Member State, it should be possible to link the entitlement to such benefits exclusively to the claimant. The Member State in which the family members of the claimant are resident should be able to decide not to apply the priority rules where there are overlapping rights to such benefits under that Member State’s law and the law of the competent Member State. Where a Member State decides not to apply the rules of priority it should do so consistently in respect of all persons entitled to such benefits in analogous situations.
Amendment 192 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 883/2004
Recital 46
Recital 46
(46) In order to enable a timely update of this Regulation to the developments at the national level, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the European Commission in respect of amending the Annexes to this Regulation and to Regulation (EC) No 987/2009 and to supplement this Regulation by establishing a concrete, consistent and functional adjustment mechanism for the allocation of family benefits in relation to children residing in a Member State other than the competent Member State. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.43 In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 43 COM(2015) 216 final. COM(2015) 216 final.
Amendment 439 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 883/2004
Article 67 a (new)
Article 67 a (new)
Amendment 440 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Regulation (EC) No 883/2004
Article 67 b (new)
Article 67 b (new)
22b. The following article is inserted: “Article 67b Delegated acts for the creation of an adjustment mechanism for exported family benefits The Commission is empowered to adopt delegated acts in accordance with Article 88a in order to supplement this Regulation by establishing a consistent and functional adjustment mechanism for exported family benefits and to amending the list of Member States and competent regional authorities set out in Annex XIIIb which apply the adjustment mechanism.”
Amendment 442 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 c (new)
Article 1 – paragraph 1 – point 22 c (new)
Regulation (EC) No 883/2004
Article 67 c (new)
Article 67 c (new)
Amendment 445 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 d (new)
Article 1 – paragraph 1 – point 22 d (new)
Regulation (EC) No 883/2004
Article 68 – paragraph 2 a (new)
Article 68 – paragraph 2 a (new)
22d. In Article 68, the following paragraph is inserted: "2a. For the purposes of calculating the differential supplement for family benefits as referred to in paragraph 2, there shall be two categories of benefits of the same kind: (a) family benefits in cash primarily intended to replace part or the whole of income that claimant has not earned or cannot earn due to child-raising; and (b) all other family benefits.”
Amendment 448 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Regulation (EC) No 883/2004
Article 68b – paragraph 1
Article 68b – paragraph 1
1. Family benefits in cash which are intended to replace income during periods of child-raising andreferred to in point (a) of Article 68(2a) which are listed in Part 1I of Annex XIII shall be awarded solely to the person subject tounder the legislation of the competent Member State and tsolely to the person subject to that legislation. There shall be no derived right for his or her family members to such benefits. Article 68a of this Regulation shall not apply to such benefits nor shall the competent institution be required to take into account a claim submitted by the other parent, a person treated as a parent or institution acting as guardian of the child or children pursuant to Article 60(1) of the Implementing Regulation.
Amendment 493 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 2
Article 88 a – paragraph 2
2. The delegation of power referred to in Articles 67b and 88 shall be conferred on the European Commission for an indeterminate period of time from the [the date of entry into force of the Regulation (EU) xxxx].
Amendment 497 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 3
Article 88 a – paragraph 3
3. The delegation of the power referred to in Articles 67b and 88 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force
Amendment 504 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27
Article 1 – paragraph 1 – point 27
Regulation (EC) No 883/2004
Article 88 a – paragraph 6
Article 88 a – paragraph 6
6. A delegated act adopted pursuant to Articles 67b and 88 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiring of that period, the European Parliament and the Council have both informed the European Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 506 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 27 a (new)
Article 1 – paragraph 1 – point 27 a (new)
Regulation (EC) No 883/2004
Article 88 b
Article 88 b
27a. The following article is inserted: "Article 88b Committee procedure 1. The Commission shall be assisted by the Administrative Commission. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply."
Amendment 507 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 29
Article 1 – paragraph 1 – point 29
Regulation (EC) No 883/2004
Annexes XII and XIII
Annexes XII and XIII
29. Annexes XII, XIII, XIIIa and XIIIb are inserted in accordance with the Annex to this Regulation.
Amendment 690 #
2016/0397(COD)
Proposal for a regulation
Annex I – point 5 – point c a (new)
Annex I – point 5 – point c a (new)
Regulation (EC) No 883/2004
Annex X
Annex X
(ca) In the section ‘ITALY’, the following letter is inserted after letter h: ‘(i) additional, non-contributory care, social and family benefits paid by the regions and autonomous provinces.’
Amendment 695 #
2016/0397(COD)
Proposal for a regulation
Annex I – point 7
Annex I – point 7
Regulation (EC) No 883/2004
Annex XIII
Annex XIII
Part II Member States which award family benefits referred in Article 65b(1)8b in full
Amendment 697 #
2016/0397(COD)
Proposal for a regulation
Annex I – point 7 b (new)
Annex I – point 7 b (new)
Regulation (EC) No 883/2004
Annex XIII b (new)
Annex XIII b (new)
7b. The following annex is added: “Annex XIIIb (Article 67c) Adjustment mechanism for the allocation of family benefits in relation to children residing in Member States other than the competent Member State Member States and competent regional authorities adapting family benefits in accordance with the adjustment mechanism referred to in Article 67b:”
Amendment 24 #
2016/0359(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The objective of this Directive is to remove obstacles to the exercise of fundamental freedoms, such as the free movement of capital and freedom of establishment, which result from differences between national laws and procedures on preventive restructuring, insolvency and second chance. This Directive aims at removing such obstacles by ensuring that viable enterprises in financial difficulties have access to effective national preventive restructuring frameworks which enable them to continue operating; that creditors receive a maximised dividend; that honest over indebted entrepreneurs have a second chance after a full discharge of debt after a reasonable period of time; and that the effectiveness of restructuring, insolvency and discharge procedures is improved, in particular with a view to shortening their length.
Amendment 82 #
2016/0359(COD)
Proposal for a directive
Recital 19
Recital 19
Amendment 85 #
2016/0359(COD)
Proposal for a directive
Recital 20
Recital 20
Amendment 88 #
2016/0359(COD)
Proposal for a directive
Recital 21
Recital 21
Amendment 91 #
2016/0359(COD)
Proposal for a directive
Recital 22
Recital 22
Amendment 93 #
2016/0359(COD)
Proposal for a directive
Recital 23
Recital 23
Amendment 99 #
2016/0359(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Requisite majorities should be established by national law to ensure that a minority of affected parties in each class cannot obstruct the adoption of restructuring plan which does not unfairly reduce their rights and interests. Without a majority rule binding dissenting secured creditors, early restructuring would not be possible in many cases, for example where a financial restructuring is needed but the business is otherwise viable. To ensure that parties have a say on the adoption of restructuring plans proportionate to the stakes they have in the business, the required majority should be based both on the amountnumber of creditor class members with voting rights and on the majority of the total volume of the creditors' claims or equity holders' interests in any given class.
Amendment 102 #
2016/0359(COD)
Proposal for a directive
Recital 28
Recital 28
Amendment 105 #
2016/0359(COD)
Proposal for a directive
Recital 29
Recital 29
Amendment 111 #
2016/0359(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Interested affected parties should have the possibility to appeal a decision on the confirmation of a restructuring plan. However, in order to ensure the effectiveness of the plan, to reduce uncertainty and to avoid unjustifiable delays, appeals should not have suspensive effects on the implementation of a restructuring plan. Where it is established that minority creditors have suffered unjustifiable detriment under the plan, Member States should consider, as an alternative to setting aside the plan, the provision of monetary compensation to the respective dissenting creditors payable by the debtor or the creditors who voted in favour of the plan.
Amendment 141 #
2016/0359(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Amendment 144 #
2016/0359(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 146 #
2016/0359(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
Amendment 177 #
Amendment 195 #
Amendment 233 #
2016/0359(COD)
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
(4) A restructuring plan shall be deemed to be adopted by affected parties, provided that a majority in the amount of their claims or interests and in terms of the number of members with voting rights is obtained in each and every class. Member States shall lay down the required majorities for the adoption of a restructuring plan, which shall be in any case not higher than 75% in the amount of claims or interests in each class.
Amendment 254 #
2016/0359(COD)
Proposal for a directive
Article 11
Article 11
Amendment 274 #
2016/0359(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
(1) Member States shall ensure that over-indebted entrepreneurs may be fully discharged of their debts in accordance with this Directive and that creditors can receive maximised dividends.
Amendment 280 #
2016/0359(COD)
Proposal for a directive
Article 20 – paragraph 1 – point a
Article 20 – paragraph 1 – point a
Amendment 281 #
2016/0359(COD)
Proposal for a directive
Article 20 – paragraph 1 – point b
Article 20 – paragraph 1 – point b
Amendment 290 #
2016/0359(COD)
Proposal for a directive
Article 26 – paragraph 3
Article 26 – paragraph 3
(3) Where practitioners in the field of restructuring, insolvency and second chance are appointed by the judicial or administrative authority, Member States shall ensure that the criteria concerning the manner in which the judicial or administrative authority selects such a practitioner are clear and transparent. In selecting a practitioner in the field of restructuring, insolvency and second chance for a particular case, due consideration shall be given to the practitioner's experience and expertise. Where appropriate, the debtors and creditors shall be consulted in the selection of the practitioner.
Amendment 159 #
2016/0357A(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty of the Functioning of the European Union, and in particular, Article 77(2)(a), (b) and (d), Article 87(2)(a) and Article 88(2)(a) thereof,
Amendment 230 #
2016/0357A(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 412 #
2016/0357A(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
Amendment 611 #
2016/0357A(COD)
Proposal for a regulation
Article 21 – paragraph 5 – point b
Article 21 – paragraph 5 – point b
Amendment 802 #
2016/0357A(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. Applicants who have been refused a travel authorisation shall have theno right to appeal. Appeals shall be conducted in the Member State that has taken the decision on the application and in accordance with the national law of that Member State. The ETIAS National Unit of the responsible Member State shall provide applicants with information regarding the procedure to be followed in the event of an appealrticle 1a (new) of the Regulation (EC) No 539/2001 applies.
Amendment 817 #
2016/0357A(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point d
Article 32 – paragraph 2 – point d
Amendment 1003 #
2016/0357A(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point d
Article 61 – paragraph 1 – point d
(d) that decisions on applications must be notified to the applicant, that such decisions must state, where relevant, the reasons for refusal on which they are based and that applicants whose applications are refused have a right to appeal, with information regarding the procedure to be followed in the event of an appeal, including the competent authority, as well as the time limit for lodging an appeally for a visa;
Amendment 1034 #
2016/0357A(COD)
Proposal for a regulation
Article 71 a (new)
Article 71 a (new)
Regulation (EC) 539/2001
Article 1d (new)
Article 1d (new)
Article 71 a Amendments to Regulation (EC) No 539/2001 Regulation (EC) No 539/2001 is amended as follows: The following Article is inserted: 'Article 1d (new) By way of derogation from Article 1(2), the exemption from the visa requirement for nationals of a third country listed in Annex II shall not apply for applicants who have been refused a travel authorisation in accordance with Article 31 of Regulation XX [to be inserted]´
Amendment 51 #
2016/0304(COD)
Proposal for a decision
Recital 2
Recital 2
(2) Differences in language, definitions, document formats, as well as assessment and qualification validation methods, all pose considerable challenges for individuals, employers and competent authorities. These challenges arise especially where individuals move between countries, including third countries, but also when looking for a new job or engaging in learning. Clear information and shared understanding isare necessary to address these challenges, while respecting subsidiarity and diversity and providing clarity on responsibilities.
Amendment 58 #
2016/0304(COD)
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3 a) The new Europass framework adapts the existing Europass services to the needs and expectations of users and providers: learners, job-seekers, workers, employers - in particular small and medium-sized enterprises -, public employment services, guidance practitioners, education and training providers, social partners, volunteers, youth organizations, youth work providers, National Europass Centres and the national authorities responsible. While respecting national structures and administrative arrangements, simplification, effectiveness and efficiency are the main objectives of this Decision. All instruments should be designed and aligned appropriately and without unnecessary overlap in their specific goals and tools and should not overstretch Europass.
Amendment 74 #
2016/0304(COD)
Proposal for a decision
Recital 10 a (new)
Recital 10 a (new)
(10 a) Currently, ESCO cannot be considered as basis for a Europass reference terminology. ESCO is an instrument, which is currently a project that has been neither fully developed or tested nor has been approved by the Member States. The use of ESCO as reference terminology is, therefore, conditional on an effort by the Commission to assess its acceptance by and usefulness to users and other stakeholders, as well as on an effort to show the positioning of ESCO within the space of EU instruments, in order to show the value added of its use to labour markets, employers, employees and job- seekers, and the synergies created by the use of ESCO in in a way that is consistent with the EQF in Europass. Once ESCO is recognized to be an acceptable reference terminology for Europass, it is to be regularly updated, in close cooperation with Member States and with stakeholders, such as social partners, professional associations, education and training institutes, research institutes, statistics institutes and employment services.
Amendment 82 #
2016/0304(COD)
Proposal for a decision
Recital 11
Recital 11
(11) Regulation (EU) 2016/589 of the European Parliament and of the Council31 establishes European Employment Services (EURES), a network of employment services and a mechanism for an automated matching of people to jobs through the EURES common IT platform. To enable the exchange and the matching of job vacancies with candidates, this mechanism needs a common and multilingual list of skills, competences and occupations. By developing ESCO the Commission is providing a multilingual classification system of occupations, skills and competences and qualifications that is suited to this purpose. _________________ 31might be suitable for this purpose after thorough review. _________________ 31 OJ L 107, 22.4.2016, p. 1. OJ L 107, 22.4.2016, p. 1.
Amendment 94 #
2016/0304(COD)
Proposal for a decision
Recital 14
Recital 14
(14) There is an acknowledged growing importance of transversal orand 'soft' skills that can be applied in different fields. Individuals require tools and guidance on self-assessing and describing these and other skills, for example digital or language.
Amendment 103 #
2016/0304(COD)
Proposal for a decision
Recital 17
Recital 17
(17) The current focus of the Europass framework on documentation is too limited to respond to current and future needs. To communicate skills and qualifications and make decisions on employment and learning opportunities users need access to relevant information and tools for understanding skills and qualifications as well as tools for documenting their own skills and qualifications in accordance with the European Qualifications Framework (EQF).
Amendment 110 #
2016/0304(COD)
Proposal for a decision
Recital 19
Recital 19
(19) The revised Europass framework approach should respect the voluntary nature of Europass and the principle of subsidiarity and should consider the needs of all potential users, including learners, job seekers, workers, employers - especially in small and medium-sized enterprises -, guidance practitioners, public employment services, social partners, education and training providers, youth work organisations and policy makers.
Amendment 121 #
2016/0304(COD)
Proposal for a decision
Recital 21
Recital 21
(21) The Europass framework established by Decision No 2241/2004/EC should therefore be replaced by a new voluntary framework to address evolving needs while preserving national structures and administrative arrangements and clarifying the synergies between existing instruments.
Amendment 148 #
2016/0304(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Decision establishes a European framework, which is founded on a voluntary personal portfolio of documents with the aim to make qualifications and competences transparent and interoperable within and between the Member States, comprising web- based tools, information and the development of open standards to support the transparency and understanding of skills and qualifications. The framework shall be known as ‘Europass’.
Amendment 183 #
2016/0304(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) tools to (self-)assess individual skills, including through questionnaires, by reference to established descriptions of skills or through the integration of data from other existing aligned and synchronized EU self-assessment tools such as the Youthpass;
Amendment 185 #
2016/0304(COD)
Proposal for a decision
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) tools as necessary to support the presentation and exchange of information by organisations.
Amendment 223 #
2016/0304(COD)
Proposal for a decision
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Europass shall include coordinated and proven tools to facilitate the understanding of skills through assessment by third parties and self-declaration by individuals.
Amendment 224 #
2016/0304(COD)
Proposal for a decision
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The European Qualifications Framework (EQF) shallmay be used as a supporting framework to provide information in Europass. The EQF will be referred to in information on qualifications, descriptions of national education and training systems and other relevant topics. Any dissonance between the frameworks proposed by the EQF and ESCO shall be cleared before the implementation of Europass.
Amendment 233 #
2016/0304(COD)
Proposal for a decision
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Europass shall use the European Classification of Skills/Competences, Qualifications and Occupations (ESCO) established in Article 6 to ensure semantic interoperability between the tools for documentation and information only after ESCO has been subjected to a thorough review process and has been shown to add significant value to the existing framework. ESCO shall also provide a platform for interoperability with other relevant services such as those developed by the labour market. Assessment tools need to go through a quality assurance process before being integrated in the Europass.
Amendment 252 #
2016/0304(COD)
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Europass Qualification Supplement(s) shall be issued by the competent national authorities in accordance with templates developed by the European Commission and other stakeholders32 such as the Council of Europe and UNESCO, insofar as these are congruent. _________________ 32 Current supplements are the Certificate Supplement and the Diploma Supplement.
Amendment 278 #
2016/0304(COD)
Proposal for a decision
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) develop web-based tools for the operation of Europass. The Europass documents created under Decision No 2241/2004/EC shall be transferred to the reviewed Europass system;
Amendment 287 #
2016/0304(COD)
Proposal for a decision
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 301 #
2016/0304(COD)
Proposal for a decision
Article 7 – paragraph 3 – point c
Article 7 – paragraph 3 – point c
Amendment 322 #
2016/0304(COD)
Proposal for a decision
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) designate and manage, in accordance with national circumstances, a National Skills Coordination PointEuropass Centre, to support coordination and cooperation of activities among the national services referred to in this Decision;
Amendment 330 #
2016/0304(COD)
Proposal for a decision
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) provide Europass users, in a cost- efficient way, with access to the relevant information or data available within the Member State, in particular access to information on learning opportunities, qualifications and qualification systems and to semantic assets on national level;
Amendment 344 #
2016/0304(COD)
Proposal for a decision
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) support the transparent referencing of levels of qualifications within national qualifications frameworks to the EQF, and provide information on the EQF to national stakeholders and communicate the results of the referencing process and on qualifications to the Union web-based tool;
Amendment 355 #
2016/0304(COD)
Proposal for a decision
Article 9 – paragraph 1
Article 9 – paragraph 1
The measures provided for in this Decision shall be carried out in accordance with EU law on protection of personal data, in particular Directive 95/46/EC33 and Regulation (EC) No 45/200133 . _________________ 33Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 359 #
2016/0304(COD)
Proposal for a decision
Article 12 – paragraph 1
Article 12 – paragraph 1
The implementation of this Decision shall be co-financprovided through Union programmes. Annual appropriations shall be authorised by the European Parliament and the Council withmulti-annual operation grants to the National Europass Centres. The Commission shall provide a 5-year perspective comprising the limits of the financial frameworkestimated financial implications for the Member States.
Amendment 52 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication and/or an act of reproduction to the public, they are obliged to conclude licensing agreements with rightholders requiring so, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . __________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 67 #
2016/0280(COD)
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement or to prevent the unauthorized availability on their services of copyright protected works or other subject-matter identified by rightholders, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject- matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC. Such licensing agreements should also cover the content uploaded by users of these services, as well as their liability, including where they perform an act of reproduction to the public and/or an act of communication to the public, insofar they act on a non-professional basis.
Amendment 79 #
2016/0280(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement. In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council1a, those technologies should not require the identification of individual users and the processing of their personal data. __________________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 105 #
2016/0280(COD)
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and giving access to large amounts of works and other subject-matter uploaded by their users
Amendment 107 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to large amounts ofcopyright protected works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning ofgo beyond the mere provision of physical facilities and perform an act of communication to the public. They shall accordingly conclude licensing agreements with rightholders so requesting, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC. Under the terms of the licensing agreements concluded with rightholders for the use of their works or other subject-matter or, information society service providers shall, in cooperation with rightholders, take measures to ensure the functioning of such agreements for the use of their works or other subject-matter. Licensing agreements concluded by the information society service providers shall cover the liability of their users, provided that users are not acting in a professional capacity. Information society service providers shall take appropriate measures to prevent the availability on their services of copyright protected works or other subject- matter identified by rightholders through the cooperation with the service providers, where those providers fall under one of the following categories: (a) they play an active part but are not required by rightholders to conclude a licensing agreement for works and other subject-matter stored by them and to which they provide public access or; (b) they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC but store and provide to the public access to copyright protected works or other subject-matter. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate and timely reporting on the recognition and use of the works and other subject-matter. Rightholders shall provide information society service providers with all relevant and necessary details to ensure the functioning of measures taken by the service providers.
Amendment 120 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1. Any complaint filed under such mechanisms shall be processed by the relevant rightholder within a reasonable period of time. The rightholder shall provide evidence for the rights being claimed.
Amendment 129 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments. In cooperation with the Member States, the Commission shall encourage the exchange of best practices across the Union regarding the results of any cooperation established pursuant to this Article.
Amendment 135 #
2016/0280(COD)
Proposal for a directive
Title IV – Chapter 2 a (new)
Title IV – Chapter 2 a (new)
CHAPTER 2a Protection of audiovisual authors for the making available of their works
Amendment 137 #
2016/0280(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a 1. Member States shall ensure that whenever an audiovisual author or performer transfers his/her right to a producer to authorise or to prohibit the making available of that work to the public, that author shall retain the right to obtain equitable remuneration for making such work available, provided that these measures are not included in the initial contract. 2. The right to equitable remuneration shall be proportionate to the revenues generated by the exploitation of the work. 3. The right to equitable remuneration shall be non-transferable and may not be waived.
Amendment 55 #
2016/0278(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘'accessible format copy’' means a copy of a work or other subject-matter in an alternative manner or form that gives a beneficiary person access to the work or other subject-matter, including allowing for the person to have access as feasibly and comfortably as a person without a visual impairment or any of the disabilities referred to in paragraph 2; the copy must be based on lawfully accessed works.
Amendment 57 #
2016/0278(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘'authorised entity’' means an organisation authorised or recognised by the govern-ment to providinge education, instructional training, adaptive reading or information access to beneficiary persons on a non-profit basis, as its main activity or as one of its main activities or public- interest missions.
Amendment 67 #
2016/0257(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Members of the Management Board and their alternates shall bhave appointed in light of theirropriate knowledge in the field of vocational education and training, skills and qualifications, taking into account relevant as well as managerial, administrative and budgetary skills. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of the board's work. All parties shall aim to achieve a balanced representation between men and women on the Management Board.
Amendment 103 #
2016/0257(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. The Executive Board shall for example:
Amendment 104 #
2016/0257(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters, including the suspension of the delegation of the appointing authority powers and budgetary matters.
Amendment 112 #
2016/0257(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Executive Board shall meet three times a year. Each coordinator shall inform members of its own group after the meeting about the content of the discussion in timely and transparent manner. In addition, it shall meet on the initiative of its Chairperson or at the request of its members.
Amendment 114 #
2016/0257(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Executive Director shall manage the Agency. The Executive Directorbe responsible for the overall management of the Agency according to the strategic direction set by the Management Board and shall be accountable to the Management Board.
Amendment 125 #
2016/0257(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Executive Director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the Agency's tasks in an efficient and effective manner to establish one or more localrun a liaison offices in one or more Member States. That decision requires the prior consent of the Commission, the Management Board and the Member State where the local office is to be establisheBrussels to foster the Agency's cooperation with the relevant Union institutions. That decision shall be subject to the prior consent of the Management Board. That decision shall specify the scope of the activities to be carried out at that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.
Amendment 141 #
2016/0257(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Agency may establish localrun a liaison offices in one or more Member States, subject to their consent andBrussels in accordance with Article 11(6).
Amendment 50 #
2016/0256(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) As the three so-called tripartite agencies, the European Foundation for the improvement of living and working conditions (Eurofound), the European Agency for Safety and Health at Work (EU-OSHA) and the European Centre for the Development of Vocational Training (CEDEFOP) address issues related to the labour market and working environment and vocational education and training and skills, close coordination among the three Agencies is required and ways to enhance efficiency and synergies should be exploitso that the work of the Agencies does not overlap where they have similar fields of interest, while ways to enhance efficiency and synergies should be exploited and any duplication among the Agencies, as well as between them and the Commission, concerning their mandates, objectives and activities, should be avoided. In addition, where relevant, the Agency should seek to engage in efficient cooperation with the European Commission’s and European Parliament’s in-house research capacities.
Amendment 75 #
2016/0256(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies, whether public or private, public authorities and workers’ and employers’ organisations. The Agency, without prejudice to its own aims, shall ensure cooperation with other European Union Agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities, in cluding the possibility of working jointly, in particular with the European Agency for Safety and Health at Work, the European Centre for the Development of Vocational Training and, where relevant, with other EU Agencies.
Amendment 101 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Members of the Management Board and their alternates shall bhave appointed in light of theirropriate knowledge in the field of social and work-related policies, taking into account as well as relevant managerial, administrative and budgetary skills. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of the board’s work. All parties shall aim to achieve a balanced representation between men and women on the Management Board.
Amendment 108 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The term of office for members and their alternates shall be four years. That term shall be extendrenewable. Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
Amendment 112 #
2016/0256(COD)
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. A representative of Cedefop and a representative of EU-OSHA shall have observer status at the meetings of the Management Board in order to enhance the efficiency of the three tripartite agencies and synergies between them, and to avoid overlaps in their activities.
Amendment 113 #
2016/0256(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) give the generalstrategic orientations for the agency’s activities taking into account that the prime role of the Management Board is the strategic governance of the Agency’s work, such as its priorities and the specific themes on which it works and their coherence with the needs of stakeholders and adopt each year the Agency’s programming document by a majority of two-thirds of the members entitled to vote and in accordance with Article 6;
Amendment 116 #
2016/0256(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) adopt and regularly update the communication activities and dissemination plans based on an analysis of needs and reflect this in the Agency’s programming document;
Amendment 123 #
2016/0256(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point n
Article 5 – paragraph 1 – point n
Amendment 141 #
2016/0256(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Management Board may invite any person whose opinion may be of interest to attend its meetings as an observer, in particular Cedefop, EU- OSHA and the European Training Foundation, in order to avoid duplication and to promote synergies and complementarity.
Amendment 144 #
2016/0256(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. The Executive Board shall for example:
Amendment 145 #
2016/0256(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters, including the suspension of the delegation of the appointing authority powers and budgetary matters.
Amendment 150 #
2016/0256(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The term of office of members of the Executive Board shall be two years. That term shall be extendrenewable. The term of office of members of the Executive Board shall end when their membership of the Management Board ends.
Amendment 152 #
2016/0256(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Executive Board shall meet three times a year. Each coordinator shall inform members of its own group after the meeting about the content of the discussion in timely and transparent manner. The Chairperson can convene additional meetings at the request of its members
Amendment 153 #
2016/0256(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Executive Board shall meet three times a year. Each coordinator shall inform members of its own group. The Chairperson can convene additional meetings at the request of its members
Amendment 158 #
2016/0256(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Executive Director shall manage the Agency. The Executive Directorbe responsible for the overall management of the Agency according to the strategic direction set by the Management Board and shall be accountable to the Management Board.
Amendment 167 #
2016/0256(COD)
Proposal for a regulation
Article 11 – paragraph 5 – point j a (new)
Article 11 – paragraph 5 – point j a (new)
(ja) taking all decisions on the management of human resources and on the establishment of the Agency’s internal structures and, where necessary, their amendment, taking into account the needs relating to the Agency’s activities and sound budgetary management.
Amendment 169 #
2016/0256(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Executive Director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the Agency’s tasks in an efficient and effective manner to establish one or more local offices in one or more Member States. That decision requires in Brussels as a liaison office to further the Agency’s cooperation with the relevant Union institutions. That decision shall be subject to the prior consent of Commission, the Management Board and the Member State where the local office is to be established. That decision shall specify the scope of the activities to be carried out that that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.
Amendment 171 #
2016/0256(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Executive Director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the Agency’s tasks in an efficient and effective manner to establish one or more localrun a liaison offices in one or more Member States. That decision requires the prior consent of Commission, the Management Board and the Member State where the local office is to be establisheBrussels to foster the Agency’s cooperation with the relevant Union institutions. That decision shall be subject to the Management Board. That decision shall specify the scope of the activities to be carried out that that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.
Amendment 173 #
2016/0256(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission shall send draft estimates to the budgetary authority together with the draft general budget of the Union. The Commission shall, simultaneously, send those draft estimates to the Agency
Amendment 180 #
2016/0256(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal, based on a reasoned assessment, from the Commission.
Amendment 182 #
2016/0256(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The Agency may establish localrun a liaison offices in one or more Member States, subject to their consent andBrussels in accordance with Article 11 (6).
Amendment 183 #
2016/0256(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The Agency may establish locala liaison offices in one or more Member States, subject to their consent andBrussels in accordance with Article 11 (6).
Amendment 188 #
2016/0256(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. The translation services required for the functioning of the Agency shall be provided by the Translation Centre of the bodies of the European Union or, where necessary, by other translation services.
Amendment 191 #
2016/0256(COD)
Proposal for a regulation
Article 24 – paragraph -1 (new)
Article 24 – paragraph -1 (new)
-1. The Agency shall act with a high level of transparency.
Amendment 192 #
2016/0256(COD)
Proposal for a regulation
Article 28 – paragraph -1 (new)
Article 28 – paragraph -1 (new)
-1. In accordance with Article 30(4) of the Financial Regulation, the Agency shall carry out ex-ante evaluations of those of its activities which entail significant expenditure as well as ex-post evaluations.
Amendment 26 #
2016/0254(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Since its establishment in 1994 EU- OSHA has, by virtue of its expertise, played an important role in supporting the improvement of health and safety at work throughout the European Union. At the same time there have been developments in the area of occupational safety and health (OSH), including technological developments, particularly in the digital area, which add to the challenge of promoting high OSH standards. In this light some adjustments are required in describing the objectives and tasks of EU- OSHA as compared to the provisions in Council Regulation (EC) No. 2062/94.
Amendment 30 #
2016/0254(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) As the three tripartite Agencies - EU-OSHA, the European Centre for development and vocational training (Cedefop), and the European Foundation for the improvement of living and working conditions (Eurofound) - address issues related to the labour market, working environment and vocational education and training and skills, close coordination among three Agencies is required and the ways to enhance efficiency and synergies should be exploitso that the work of the Agencies does not overlap where they have similar fields of interest, while ways to enhance efficiency and synergies should be exploited and any duplication among the Agencies, as well as between them and the Commission, concerning their mandates, objectives and activities, should be avoided. In addition, whenever relevant, the Agency should seek to engage in efficient cooperation with the European Commission's and European Parliament's in-house research capacities.
Amendment 53 #
2016/0254(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. In carrying out its tasks, the Agency shall maintain a close dialogue particularly with specialised bodies, whether public or private, public authorities and workers' and employers’ organisations. The Agency, without prejudice to its own aims, shall ensure cooperation with other European Union Agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities, including the possibility of working jointly, in particular with the European Foundation for the improvement of living and working conditions, the European Centre for the development of vocational training and, where relevant, with other EU Agencies.
Amendment 71 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Members of the Management Board and their alternates shall bhave appointed in light of theirropriate knowledge in the field of health and safety ats work, taking into accountell as relevant managerial, administrative and budgetary skills. All parties represented in the Management Board shall make efforts to ensure a balanced representation of men and women and to limit turnover of their representatives, in order to guarantee continuity of the Board's work.
Amendment 77 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The term of office for members and their alternates shall be four years. It shall be extendrenewable. Upon the expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
Amendment 79 #
2016/0254(COD)
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. A representative of Eurofound and a representative of Cedefop shall have observer status at the meetings of the Management Board in order to enhance the efficiency of the three tripartite agencies and synergies between them, and to avoid overlaps in their activities.
Amendment 83 #
2016/0254(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) give the generalstrategic orientation for the Agency's activities taking into account that the prime role of the Management Board is the strategic governance of the Agency's work, such as its priorities and the specific themes on which it works and their coherence with the needs of stakeholders and adopt each year the Agency's programming document by a majority of two-thirds of members entitled to vote and in accordance with Article 6;
Amendment 86 #
2016/0254(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point g
Article 5 – paragraph 1 – point g
(g) adopt and regularly update the communication activities and dissemination plans based on an analysis of needs and reflect this in the Agency's programming document ;
Amendment 89 #
2016/0254(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point n
Article 5 – paragraph 1 – point n
Amendment 103 #
2016/0254(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Management Board may invite any person whose opinion may be of interest to attend its meetings as an observer, in particular Eurofound, Cedefop and the European Training Foundation, in order to avoid duplication and to promote synergies and complementarity.
Amendment 104 #
2016/0254(COD)
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. The Executive Board shall for example:
Amendment 106 #
2016/0254(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters, including the suspension of the delegation of the appointing authority powers and budgetary matters.
Amendment 111 #
2016/0254(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The term of office of members of the Executive Board shall be two years. That term shall be extendrenewable. The term of office of members of the Executive Board shall end when their membership of the Management Board ends.
Amendment 113 #
2016/0254(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Executive Board shall meet at least three times a year. Each coordinator shall inform members of its own group after the meeting about the content of the discussion in timely and transparent manner. In addition, it shall meet on the initiative of its Chairperson or at the request of its members.
Amendment 114 #
2016/0254(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Executive Board shall meet at least three times a year. Each coordinator shall inform members of its own group. In addition, it shall meet on the initiative of its Chairperson or at the request of its members.
Amendment 117 #
2016/0254(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Executive Director shall manage the Agency. The Executive Directorbe responsible for the overall management of the Agency according to the strategic direction set by the Management Board and shall be accountable to the Management Board.
Amendment 122 #
2016/0254(COD)
(ja) taking all decisions on the management of human resources and on the establishment of the Agency's internal structures and, where necessary, their amendment, taking into account the needs relating to the Agency's activities and sound budgetary management.
Amendment 127 #
2016/0254(COD)
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The Executive Director shall also be responsible for deciding whether it is necessary for the purpose of carrying out the Agency's tasks in an efficient and effective manner to establish one or more localrun a liaison offices in one or more Member States. That decision requires the prior consent of the Commission, the Management Board and the Member State where the local office is to be establisheBrussels to foster the Agency's cooperation with the relevant Union institutions. That decision shall be subject to the prior consent of the Management Board. That decision shall specify the scope of the activities to be carried out at that local office in a manner that avoids unnecessary costs and duplication of administrative functions of the Agency.
Amendment 128 #
2016/0254(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission shall send the draft estimates to the budgetary authority together with the draft general budget of the Union. The Commission shall, simultaneously, send those draft estimates to the Agency.
Amendment 136 #
2016/0254(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal, based on a reasoned assessment, from the Commission.
Amendment 137 #
2016/0254(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The Agency may establish localrun a liaison offices in the Member States, subject to their consent andBrussels in accordance with Article 11(6).
Amendment 139 #
2016/0254(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. The Agency may establish locala liaison offices in the Member StateBrussels, subject to their consent and in accordance with Article 11(6).
Amendment 142 #
2016/0254(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. The translation services required for the functioning of the Agency shall be provided by the Translation Centre of the bodies of the European Union or, where necessary, by other translation services.
Amendment 148 #
2016/0254(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. In so far as is necessary in order to achieve the objectives set out in this Regulation, and without prejudice to the respective competences of the Member States and the institutions of the Union, the Agency may cooperate with the competent authorities of third countries and/or with international organisations. To this end, the Agency may, subject to prior approval by the Commission, establish working arrangements with the authorities of third countries and international organisations. These arrangements shall not create legal obligations incumbent on the Union and its Member States
Amendment 278 #
2016/0224(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The applicant should be informed properly of his or her rights and obligations in a timely manner and in a language that he or she understands or is reasonably meant to understand, and where possible using simple language. Having regard to the fact that where, for instance, the applicant refuses to cooperate with the national authorities by not providing the elements necessary for the examination of the application and by not providing his or her fingerprints or facial image, or fails to lodge his or her application within the set time limit, the application could be rejected as abandoned, it is necessary that the applicant be informed of the consequences for not complying with those obligations.
Amendment 301 #
2016/0224(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) Having regard to the Malta Declaration of Heads of State or Government of 3 February 2017, which highlighted the need for a review of EU return policy based on an objective analysis of the way in which the legal, operational, financial and practical tools available at Union and national level are applied, the Commission shall propose a review of Directive 2008/115/EC of the European Parliament and the Council31a. _________________ 31aDirective 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third- country nationals
Amendment 557 #
2016/0224(COD)
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5 a. Member States shall take all necessary measures to prevent absconding of the applicant, as well as illegal travels to another Member State of the European Union.
Amendment 578 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c a (new)
Article 7 – paragraph 2 – point c a (new)
(c a) if requested, providing an age assessment established by means of a medical examination used to determine the age of minors in accordance with Article 24.
Amendment 586 #
2016/0224(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where an applicant refuses to cooperate by not providing the details necessary for the examination of the application and by not providing his or her fingerprints and facial image, and the responsible authorities have properly informed that person of his or her obligations and has ensured that that person has had an effective opportunity to comply with those obligations, his or her application shallmust be rejected as abandoned in accordance with the procedure referred to in Article 39.
Amendment 608 #
2016/0224(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – introductory part
Article 8 – paragraph 2 – subparagraph 1 – introductory part
The determining authority shall inform applicants, in a language which they understand or are reasonably meant to understand, and where possible using simple language, of the following:
Amendment 653 #
2016/0224(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The right to remain shall not constitute an entitlement to a residence permit of any kind and it shall not give the applicant the right to travel to the territory of other Member States without authorisation as referred to in Article 6 of Directive XXX/XXX/EU (Reception Conditions Directive).
Amendment 885 #
2016/0224(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
Amendment 891 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Medical examinations may, as a standard procedure, be used to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are doubts as to whether or not the applicant is under the age of 18. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
Amendment 898 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The medical examination to determine the age of unaccompanied minors shall not be carried out without their consent or the consent of their guardians.
Amendment 899 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2 a. In extraordinary circumstances, as a last resort, medical examinations may be enforced.
Amendment 907 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understand, and where possible using simple language, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.
Amendment 910 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 4 a (new)
Article 24 – paragraph 4 a (new)
4 a. Where medical examinations are used to determine the age of accompanied minors, the determining authority shall ensure that the accompanying adult family members are informed, prior to the examination of the minor's application for international protection, and in a language that they understand or are reasonably meant to understand, and if possible using simple language, of the possibility that the age of the accompanied minor be determined by medical examination.This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the accompanying adult family members for the minor to undergo the medical examination.
Amendment 912 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The refusal by the unaccompanied minors or their guardians, respectively by the accompanying family members to carry out the medical examination may onlyshall be considered as a rebuttable presumption that the applicant is not a minor and it shall not prevent the determining authority from taking a decision on the application for international protection. The refusal for consent to the medical examination can furthermore be considered as a refusal to cooperate by not providing information necessary for the examination of the application.
Amendment 918 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. A Member State shallmay recognise age assessment decisions taken by other Member States on the basis of a medical examination carried out in accordance with this Article and based on methods which are recognised under its national law.
Amendment 1025 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. An applicant may lodge an application on behalf of his or her spouse or partner in a stable and durable relationship, minors children or dependent adults without legal capacity.
Amendment 1128 #
2016/0224(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant without undue delay in a language he or she understands or is reasonably meant to understand, and where possible using simple language.
Amendment 1247 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point f a (new)
Article 40 – paragraph 1 – point f a (new)
(f a) the applicant has committed a criminal offence, which is penalised by imprisonment.
Amendment 1253 #
2016/0224(COD)
Proposal for a regulation
Article 40 – paragraph 1 – point g a (new)
Article 40 – paragraph 1 – point g a (new)
(g a) the applicant has travelled or attempted to travel to a country outside of the territory of the EU Member States, especially to the applicant's home country, since having been registered as applicant for international protection in an EU Member State.
Amendment 1479 #
2016/0224(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
1. For a period of five years from entry into force of this Regulation, Member States may retain or introduce legislation that allows for the national designation of safe third countries or safe countries of origin other than those designated at Union level or which are on the EU common list in Annex 1 for the purposes of examining applications for international protection. This national designation of safe third countries or safe countries of origin shall, for the designating Member State, be considered as complementary to the designated safe third countries or safe countries of origin at Union level.
Amendment 1485 #
2016/0224(COD)
Proposal for a regulation
Article 50 – paragraph 1 a (new)
Article 50 – paragraph 1 a (new)
1 a. Member States shall notify the Commission and the European Union Agency for Asylum of the third countries that are designated as safe third countries or safe countries of origin at national level immediately after such designation. Member States shall inform the Commission and the Agency once a year of the other safe third countries to which the concept is applied on an ad hoc basis in relation to specific applicants.
Amendment 1491 #
2016/0224(COD)
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 1
Article 50 – paragraph 3 – subparagraph 1
Where a third country is no longer designated as a safe third country at Union level or a third country has been removed from the EU common list in Annexe I to the Regulation in accordance with the ordinary legislative procedure, a Member State mayshall notify the Commission thatif it considers that, following changes in the situation of that country, it again fulfils the conditions set out in Article 45(1) and Article 47of the Member State to be considered as a safe third country or a safe country of origin by national designation.
Amendment 1494 #
2016/0224(COD)
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 2
Article 50 – paragraph 3 – subparagraph 2
Amendment 1498 #
2016/0224(COD)
Proposal for a regulation
Article 50 – paragraph 3 – subparagraph 3
Article 50 – paragraph 3 – subparagraph 3
Amendment 1500 #
2016/0224(COD)
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
Amendment 1532 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point b
Article 53 – paragraph 6 – subparagraph 1 – point b
(b) within twoone weeks in the case of a decision rejecting an application as inadmissible or in the case of a decision rejecting an application as explicitly withdrawn or as abandoned, or in the case of a decision rejecting an application as unfounded or manifestly unfounded in relation to refugee or subsidiary protection status following an accelerated examination procedure or border procedure or while the applicant is held in detention;
Amendment 1538 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 6 – subparagraph 1 – point c
Article 53 – paragraph 6 – subparagraph 1 – point c
(c) within one monthtwo weeks in the case of a decision rejecting an application as unfounded in relation to the refugee or subsidiary protection status if the examination is not accelerated or in the case of a decision withdrawing international protection.
Amendment 161 #
2016/0222(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Member States shall inform applicants, as soon as possible and at the latest when they are lodgingwithin a reasonable time frame, not exceeding 15 days after they have made their application for international protection, of any established benefits and of the obligations with which they must comply relating to reception conditions. They shall point out in the information provided that the applicant is not entitled to the reception conditions set out in Articles 14 to 17 of this Directive as stated in Article 17a of the same Directive in any Member State other than where he or she is required to be present in accordance with Regulation (EU) No XXX/XXX [Dublin Regulation].
Amendment 171 #
2016/0222(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shallmay provide applicants with a travel document only when serious humanitarian or other imperative reasons arise that require their presence in another State. The validity of the travel document shall be limited to the purpose and duration needed for the reason for which it is issued.
Amendment 178 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 1 a (new)
Article 7 – paragraph 1 – subparagraph 1 a (new)
Member States may make provision of the material reception conditions subject to actual residence by the applicants in a specific place to be determined by the Member States. The determination of the residence in a specific place need not take the form of an administrative procedure.
Amendment 182 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – introductory part
Article 7 – paragraph 2 – subparagraph 1 – introductory part
2. Member States shallmay where necessary decide on the residence of an applicant in a specific place for any of the following reasonjustified reasons such as:
Amendment 223 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Decisions referred to in this Articleparagraph 2 shall be based on the individual behaviour and particular situation of the person concerned, including with regard to applicants with special reception needs, and with due regard to the principle of proportionality.
Amendment 227 #
2016/0222(COD)
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Member States shall state reasons in fact and, where relevant, in law in any decision taken in accordance with this Articleparagraph 2. Applicants shall be immediately informed in writing, in a language which they understand or are reasonably supposed to understand, of the adoption of such a decision, of the procedures for challenging the decision in accordance with Article 25 and of the consequences of non- compliance with the obligations imposed by the decision.
Amendment 312 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
For reasons of labour market policies, Member States may verify whether a vacancy could be filled by nationals of the Member State concerned or by other Union citizens, or by third-country nationals lawfully residing in that Member Stategive priority to Union citizens and nationals of States party to the Agreement on the European Economic Area, and to legally resident third-country nationals.
Amendment 318 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point a
Article 15 – paragraph 3 – subparagraph 1 – point a
(a) working conditions, including pay and dismissal, working hours, leave and holidays, as well as health and safety requirements at the workplace;
Amendment 326 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 1 – point e
Article 15 – paragraph 3 – subparagraph 1 – point e
(e) branches of social security, as defined in Article 3 of Regulation (EC) No 883/2004 for those applicants who are engaged in gainful economic activity.
Amendment 327 #
2016/0222(COD)
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2 – introductory part
Article 15 – paragraph 3 – subparagraph 2 – introductory part
Member States may restrict equal treatment of applicants who have been granted access to the labour market in accordance with paragraph 1:
Amendment 414 #
2016/0222(COD)
Proposal for a directive
Chapter 3 – title
Chapter 3 – title
Amendment 417 #
2016/0222(COD)
Proposal for a directive
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
Amendment 420 #
2016/0222(COD)
Proposal for a directive
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) reduce or, in exceptional and duly justified cases, withdraw material reception conditions or the daily allowances.
Amendment 441 #
2016/0222(COD)
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
In relation to points (a) and (b), when the applicant is traced or voluntarily reports to the competent authority, a duly motivated decision, based on the reasons for the disappearance, shall be taken on the reinstallation of the grant of some or all of the material reception conditions replaced, withdrawn or reduced.
Amendment 442 #
2016/0222(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Decisions for replacement, reduction or withdrawal of material reception conditions shall be taken objectively and impartially on the merits of the individual case and reasons shall be given. Decisions shall be based on the particular situation of the person concerned, especially with regard to applicants with special reception needs, taking into account the principle of proportionality. Member States shall under all circumstances ensure access to health care in accordance with Article 18 and shall ensure a dignified standard of living for all applicants.
Amendment 447 #
2016/0222(COD)
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. Member States shall ensure that material reception conditions are not replaced, withdrawn or reduced before a decision is taken in accordance with paragraph 3.
Amendment 219 #
2016/0176(COD)
Proposal for a directive
Recital 21
Recital 21
(21) Member States should be allowed to withdraw or refuse to renew an EU Blue Card where the EU Blue Card holder has either failed to comply with the conditions for mobility under this Directive or has repetitively exercised the mobility rights in an abusive manner, for example by applying for EU Blue Cards in second Member States and beginning employment immediately while it is clear that the conditions will not be fulfilled and the application will be refused.
Amendment 315 #
2016/0176(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) The beneficiaries of international protection in accordance with Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted or persons who have sought international protection under this Directive but have not yet received a decision;
Amendment 330 #
2016/0176(COD)
4. Member States shall not issue any other permit than an EU Blue Card to third-country nationalaccord an EU Blue Card priority over purely national residence permits for the purpose of highly skilled employment by third-country nationals.
Amendment 357 #
2016/0176(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In addition to the conditions laid down in paragraph 1, the gross annual salary resulting from the monthly or annual salary specified in the work contract or binding job offer shall not be inferior to the salary threshold set and published for that purpose by the Member States. The salary threshold set by the Member States shall be at least 1.00.8 times but not higher than 1.42 times the average gross annual salary in the Member State concerned.
Amendment 395 #
2016/0176(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
Amendment 405 #
2016/0176(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Amendment 412 #
2016/0176(COD)
Proposal for a directive
Article 6 – paragraph 3 – point c
Article 6 – paragraph 3 – point c
(c) the employer has been sanctioned, in the 12 months before the application was made, for employment of illegally staying third- country nationals in accordance with Article 9 of Directive 2009/52/EC of the European Parliament and of the Council51, or for undeclared work or illegal employment according to national law. _________________ 51 Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (OJ L 168, 30.6.2009, p. 24).
Amendment 498 #
2016/0176(COD)
The recognition procedures shall not entail disproportionate or excessive administrative burden or costs for the employers, in particular for small and medium-sized undertakings (SMU).
Amendment 537 #
2016/0176(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 578 #
2016/0176(COD)
Proposal for a directive
Article 20 – paragraph 7
Article 20 – paragraph 7
7. The second Member State may reject an application for an EU Blue Card where the third-country national repetitively makes use of the possibility to enter and work in second Member States pursuant to this Article in an abusive manner. The second Member State shall notify the employer and the first Member State of the rejection for the purpose of point (f) of Article 7(2).
Amendment 626 #
2016/0176(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Annually, and for the first time by …...52 at the latest, Member States shall, in accordance with Regulation (EC) No 862/200753, communicate to the Commission statistics on the numbers of third-country nationals who have been granted an EU Blue Card and on those whose application have been rejected, specifying those rejected in application of Article 6(2), as well as on the numbers of third-country nationals whose EU Blue Card has been renewed or withdrawn, during the previous calendar year. Those statistics shall be disaggregated by the citizenship, occupation, length of validity of the permits, sex and age of the applicants, size of the undertaking, and the economic sector. Those statistics for third- country nationals who have been granted an EU Blue Card shall be further disaggregated into beneficiaries of international protection, beneficiaries of the right to free movement and those who have acquired EU long-term resident status in accordance with Article 17. _________________ 52 Four years after the date of entry into force of this Directive. 53 Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).
Amendment 321 #
2016/0133(COD)
Amendment 380 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Where the Member State considers an application inadmissible or examines an application in accelerated procedure pursuant to paragraph 3, that Member State shall be considered the Member State responsible unless another Member State is responsible according to Article 15.
Amendment 408 #
2016/0133(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. If an applicant does not comply with the obligation set out in Article 4(1), the Member State responsible in accordance with this Regulation shall examine the application in an accelerated procedure, in accordance with Article 31(8) of Directive 2013/32/EU and detain the applicant to secure the transfer to the Member State responsible according to Article 29.4.
Amendment 422 #
2016/0133(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. 4. The applicant shall enjoy the rights according to Directive 2011/51/EU only 8 years after a status has been granted.
Amendment 729 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. For appeals against, or reviews of, transfer decisions, the court or tribunal shall decide within a period of 15 days on the substance of the appeal or review. No tTransfers shall take place before thisafter the period of 15 days if no decision on the appeal or review is taken or the appeal is rejected.
Amendment 733 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 754 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. When there is a significant risk of abscondingare indications that there is a risk of absconding, in particular when the applicant did not comply with his obligations set out in Article 5, Member States mayshall detain the person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively. Detention shall be kept as short as possible and shall not exceed 4 weeks.
Amendment 797 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than 1520% of the reference number for that Member State as determined by the key referred to in Article 35.
Amendment 826 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
(b) the total GDP (250% weighting);
Amendment 831 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) 2. (c) the number of asylum applications in the last 3 years (25% weighting)
Amendment 856 #
2016/0133(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Applicants who lodged their application in the benefitting Member State after notification of allocation referred to in Article 34(5) shall be allocated to the Member States referred to in paragraph 1, and these Member States shall determine thewhich becomes the Member State responsible unless according to the criteria set out in Articles 10 to 14 and 18 a different Member State is responsible; for examining the application.
Amendment 859 #
2016/0133(COD)
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. 3. The examination of the criteria in Articles 10 to 14 and 18 may be conducted in the Member State benefitting from allocation in case there are clear indications that another Member State than the Member State of allocation is responsible for examining the application.
Amendment 928 #
2016/0133(COD)
Proposal for a regulation
Article 38 – paragraph 1 a (new)
Article 38 – paragraph 1 a (new)
(b) detain the applicant according to Article 29.
Amendment 73 #
2016/0132(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To assist Member States overcome challenges relating to non-compliance with the fingerprinting process, this Regulation also permits the comparison of a facial image without fingerprints as a last resort, where it is impossible to take the fingerprints of the third-country national or stateless person because his or her fingertips are damaged, either intentionally or not, or amputated. If the physical impossibility to give fingerprints is of a temporary nature, it should be recorded and the fingerprinting process should be carried out at a later stage when the physical integrity of the fingertips is restored. Member States should exhaust all attempts to ensure that fingerprints can be taken from the data- subject before a comparison using a facial image only can be carried out where non- compliance based on reasons not relating to the conditions of the individual's fingertips are given. Where facial images are used in combination with fingerprint data, it allows for the reductionwith sufficient image resolution and quality to be used in automated biometric matching are used in combination with fingerprint data, it should be possible to consider reducing the number of fingerprints registered while, provided that this enablinges the same result in terms of accuracy of the identification.
Amendment 90 #
2016/0132(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The European Border and Coast Guard Agency, as established by Regulation (EU) 2016/1624 of the European Parliament and of the Council1a , plays a key role in the Union efforts for a better management of external borders, the prevention of irregular immigration and secondary movement. Consequently, the European Border and Coast Guard Agency should be provided with access to Eurodac data in order to be able to undertake risk analyses to the highest possible standards and assisting Member States with return- related tasks. The processing of those data shall be carried out in compliance with the data protection safeguards provided for in Regulation (EU) 2016/1624. _________________ 1aRegulation (EU) 2016/1624 of the European Parliament and the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p.1).
Amendment 91 #
2016/0132(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13 b) As one of the main tasks of the European Border and Coast Guard Agency and the future European Union Agency for Asylum, laid down in this Regulation, is the taking and transmitting of biometric data. The European Border and Coast Guard Agency and the European Union Agency for Asylum should be provided with an own interface in order to not be reliant on national infrastructures anymore. In the long run, these interfaces could be used as a single search interface, as described in the Commission Communication of 6 April 2016 entitled "Stronger and Smarter Information Systems for Borders and Security"1a . _________________ 1a COM(2016) 205 final
Amendment 97 #
2016/0132(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The High Level Expert Group on Information Systems and Interoperability is expected to present its results in spring 2017. Those results might be relevant for the development of Eurodac. Where this is the case, the best possible legal and technical prerequisites should be laid down for a potential interoperability of Eurodac with other information systems for borders and security.
Amendment 98 #
2016/0132(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) It is essential in the fight against terrorist offences and other serious criminal offences for the law enforcement authorities to have the fullest and most up- to-date information if they are to perform their tasks. The information contained in Eurodac is necessary for the purposes of the prevention, detection or, investigation or prosecution of terrorist offences as referred to in Council Framework Decision 2002/475/JHA29Directive (EU) 2017/... of the European Parliament and of the Council [combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA] or of other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA30 . Therefore, the data in Eurodac should be available, subject to the conditions set out in this Regulation, for comparison by the designated authorities of Member States and the European Police Office (Europol). _________________ 29 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002, p. 3). 30Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).
Amendment 101 #
2016/0132(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Since Eurodac was originally established to facilitate the application of the Dublin Convention, access to Eurodac for the purposes of preventing, detecting or, investigating or prosecuting terrorist offences or other serious criminal offences constitutes a changefurther development of the original purpose of Eurodac, which. In line with the requirements of Article 52(1) of the Charter of Fundamental Rights of the European Union, any interferesnce with the fundamental right to respect for the private life of individuals whose personal data are processed in Eurodac. In line with the requirements of Article 52(1) of the Charter of Fundamental Rights of the European Union, any such interference must be in accordance with the law, which must be formulated with sufficient precision to allow individuals to adjust their conduct and it must protect individuals against arbitrariness and indicate with sufficient clarity the scope of discretion conferred on the competent authorities and the manner of its exercise. Any interference must be necessary to genuinely meet an objective of general interest and proportionate to the legitimate objective it aims to achieve.
Amendment 125 #
2016/0132(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Third-country nationals or stateless persons who have requested international protection in one Member State may try to request international protection in another Member State for many years to come. Therefore, the maximum period during which fingerprint and facial imagebiometric and alphanumeric data should be kept by the Central System should be of considerable length. Given that most third-country nationals or stateless persons who have stayed in the Union for several years will have obtained a settled status or even citizenship of a Member State after that period, a period of ten years should be considered a reasonable period for the storage of fingerprint and facial imagebiometric and alphanumeric data.
Amendment 130 #
2016/0132(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In view of successfully preventing and monitoring unauthorised movements of third-country nationals or stateless persons who have no right to stay in the Union, and of taking the necessary measures for successfully enforcing effective return and readmission to third countries in accordance with Directive 2008/115/EC35 and the right to protection of personal data, a period of fiveten years should be considered a necessary period for the storage of fingerprint and facialbiometric and alphanumeric data. _________________ 35 OJ L 348, 24.12.2008, p.98 OJ L 348, 24.12.2008, p.98
Amendment 158 #
2016/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) lay down the conditions under which Member States' designated authorities and the European Police Office (Europol) may request the comparison of fingerprint and facial image data with those stored in the Central System for law enforcement purposes for the prevention, detection or, investigation or prosecution of terrorist offences or of other serious criminal offences . (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 206 #
2016/0132(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) 'law enforcement' means the prevention, detection or, investigation or prosecution of terrorist offences or of other serious criminal offences;
Amendment 208 #
2016/0132(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) 'terrorist offences' means the offences under national law which correspond or are equivalent to those referred to in Articles 1 to 4 of Framework Decision 2002/475/JHA;referred to in Articles 3 to 12 of Directive (EU) 2017/... of the European Parliament and of the Council [on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA].
Amendment 236 #
2016/0132(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a European Border and Coast Guard In accordance with Article (40)(8) of Regulation (EU) 2016/1624, the members of the European Border and Coast Guard Agency or teams of staff involved in return-related tasks as well as the members of the migration management support teams shall, within their mandate, have the right to access and search data entered in Eurodac within their mandate. They shall do so by using the technical interface set up and maintained by the European Border and Coast Guard Agency as referred to in Article (10)(3a).
Amendment 252 #
2016/0132(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. The duly authorized staff of the European Border and Coast Guard Agency shall have access to the statistics drawn up by eu-LISA referred to in paragraph (1)(a) to (h) and to the relevant data referred to in Article (12) (d) to (s), Article (13) (d) to (m) and Article (14) (d) to (m), solely for the purposes laid down in Article (1)(b) and for the purposes laid down in Articles 11 and 37 of Regulation (EU) 2016/1624, without allowing for individual identification. The processing of those data shall be carried out in compliance with the data protection safeguards provided for in Regulation (EU) 2016/1624.
Amendment 262 #
2016/0132(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. For the purposes of paragraph 3, the European Border and Coast Guard Agency and the future European Union Agency for Asylum shall set up and maintain a technical interface which allows a direct connection to the Central System of Eurodac.
Amendment 338 #
2016/0132(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. For the purposes laid down in Article 13(1), each set of data relating to a third-country national or stateless person as referred to in Article 13(2) shall be stored in the Central System for fiveten years from the date on which his or her fingerprints were taken.
Amendment 344 #
2016/0132(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. For the purposes laid down in Article 14(1), each set of data relating to a third-country national or stateless person as referred to in Article 14(2) shall be stored in the Central System for fiveten years from the date on which his or her fingerprints were taken.
Amendment 426 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) verify the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the judicial system, to handle and manage asylum cases efficiently and correctlyin accordance with EU law.
Amendment 438 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
For that purpose, Member States shall, at the request of the Agency, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. The Member States shall also cooperate with the Agency and shall facilitate and actively support any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.
Amendment 443 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. The previous paragraphs are without prejudice to the competences of the European Commission foreseen in the Treaties, including article 258 on the Treaty on the Functioning of the European Union.
Amendment 483 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Agency shall inform the Commission and the European Parliament on a regular basis of the implementation of the action plan.
Amendment 493 #
2016/0131(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Upon request of the European Parliament, the European Commission shall transmit any document pertaining to the monitoring exercise.
Amendment 504 #
2016/0131(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point i a (new)
Article 16 – paragraph 3 – point i a (new)
(i a) Assist Member States in ensuring all the necessary safeguards for vulnerable groups are in place;
Amendment 642 #
2016/0131(COD)
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board from a list of at least three candidates proposed by the Commission, following an open and transparent selection procedure. The Executive Director shall be appointed on the ground of merit and documented high- level administrative and management skills as well as senior professional experience in the field of migration and asylum.
Amendment 677 #
2016/0131(COD)
Proposal for a regulation
Article 60 – paragraph 1 a (new)
Article 60 – paragraph 1 a (new)
1 a. Classified information shall be made available to the European Parliament in accordance with this Regulation. The transmission and handling of information and documents transmitted to the European Parliament in accordance with this Regulation shall comply with the rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.
Amendment 161 #
2016/0130(COD)
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 1 – column 3
Annex III – Part A – row 1 – column 3
Hardwood dusts with the exception of fresh wood
Amendment 170 #
2016/0130(COD)
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 2 – column 3
Annex III – Part A – row 2 – column 3
Chromium (VI) compounds which are carcinogens within the meaning of Art 2 (a)(i) of the Directive (as Chromium) with the exception of arc welding with wrapped stick electrodeds 0,1mg/m³
Amendment 177 #
2016/0130(COD)
Proposal for a directive
Annex
Annex
Directive 2004/37/EC
Annex III – Part A – row 4 – column 4
Annex III – Part A – row 4 – column 4
Amendment 50 #
2016/0070(COD)
Proposal for a directive
Recital 1
Recital 1
(1) The free movement of workers, freedom of establishment and freedom to provide services are fundamental principles of the internal market in the Union enshrined in the Treaty on the Functioning of the European Union (TFEU). The implementation of those principles is further developed by the Union aimed at guaranteeing a level playing field for businesses and respect for the rights of workerfighting illegal practices as well as ensuring respect for the rights of workers and the improvement of working conditions.
Amendment 78 #
2016/0070(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Almost twenty years after its adoption, it is necessary to assess whether the Posting of Workers Directive still strikes the right balance between the need to promote the freedom to provide services, in order to ensure a level playing field for undertakings operating in the internal market, and the need to protect the rights of posted workers.
Amendment 152 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) 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 marketwhich should be addressed through sector-specific legislation.
Amendment 163 #
2016/0070(COD)
Proposal for a directive
Recital 10
Recital 10
(10) 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 to be adopted without delay together with other EU initiatives aimed at improving the functioning of the internal road transport market.
Amendment 169 #
2016/0070(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In a competitive internal market, service providers compete not only on the basis of a labour costs but also on factors such as productivity and, efficiency, or as well as the quality and innovation of their goods and services.
Amendment 215 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The legal elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish the legal constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive as transparency and access to information are key elements for service providers.
Amendment 218 #
2016/0070(COD)
Proposal for a directive
Recital 13
Recital 13
(13) The elements of remuneration under national law or universally applicable collective agreements should be clear and transparent to all service providers and posted workers. It is therefore justified to impose on Member States the obligation to publish the constituent elements of remuneration on the single website provided for by Article 5 of the Enforcement Directive as transparency and access to information are key elements for service providers. The provision of information on the single website should be in line with national law and practice and should respect the autonomy of the social partners.
Amendment 226 #
2016/0070(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) This Directive should not affect the right to negotiate, conclude and enforce collective wage agreements and to take collective action in accordance with national law and practice.
Amendment 328 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 96/71/CE
Article 2a – paragraph 2
Article 2a – paragraph 2
2. For the purpose of paragraph 1, in case of replacement of posted workers performing the same task at the same place, the cumulative duration of the posting periods of the workers concerned shall be taken into account, with regard to workers that are posted for an effective duration of at least six months.
Amendment 356 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that, whatever the law applicable to the employment relationship, the undertakings referred to in Article 1 (1) guarantee workers posted to their territory the legal terms and conditions of employment covering the following matters which, in the Member State where the work is carried out, are laid down: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 372 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – indent 2 – point c
Article 3 – paragraph 1 – indent 2 – point c
(c) remuneration, including overtime rates; this point does not apply to supplementary occupational retirement pension schemes and social security contributions, to be calculated according to the criteria of the country where workers are posted;
Amendment 431 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall take appropriate measures, in line with national law and practice, to publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration in accordance with point (c).
Amendment 432 #
2016/0070(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 96/71/EC
Article 3 – paragraph 1 – subparagraph 3
Article 3 – paragraph 1 – subparagraph 3
Member States shall publish in the single official national website referred to in Article 5 of Directive 2014/67/EU the constituent elements of remuneration as defined by national law and applicable collective agreements in accordance with point (c).
Amendment 19 #
2015/2345(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that EU programmes such as the EaSI, REC, ESF and FEAD cannot be implemented without NGO involvement;
Amendment 44 #
2015/2345(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Strongly regrets the decrease in EU funding for European social NGOs under EaSI, compared to the previous PROGRESS programme, and under the Europe for Citizens and Rights, Equality and Citizenship (REC) programmes;
Amendment 5 #
2015/2330(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
- – having regard to the 2014 Communication from the Commission on Effective and Accessible and Resilient, Health Systems (COM (2014) 215 final)
Amendment 7 #
2015/2330(INI)
Motion for a resolution
Citation 19 b (new)
Citation 19 b (new)
- – having regard to the 2014 report of the Social Protection Committee entitled 'Adequate social protection for long-term care needs in an ageing society'
Amendment 9 #
2015/2330(INI)
Motion for a resolution
Citation 19 c (new)
Citation 19 c (new)
- - Having regard to the Commission's Recommendation on the active inclusion of people excluded from the labour market (October 2008),
Amendment 11 #
2015/2330(INI)
Motion for a resolution
Citation 19 d (new)
Citation 19 d (new)
- - Having regard to the UN Convention on the Rights of Persons with Disabilities,
Amendment 12 #
2015/2330(INI)
Motion for a resolution
Citation 19 e (new)
Citation 19 e (new)
Amendment 54 #
2015/2330(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas only half of workers between 55 and 65 are in employment and long- term unemployment is particularly prevalent among younger and older employees;
Amendment 84 #
2015/2330(INI)
Motion for a resolution
Recital F
Recital F
F. whereas one of the five Europe 2020 targets aims at reducing by at least 20 million the number of people in or at risk of poverty and social exclusion; whereas almost 123 million people in the EU are in this situation, 7 million more than when the commitments for the Europe 2020 target were made; whereas in 2013 26.5 million children in the EU28 were at risk of falling into poverty or social exclusion; whereas in 2012 32.2 million persons with disabilities over 16 years are in this situation;
Amendment 100 #
2015/2330(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the demographic old age dependency rationumber of people aged 65 or above relative to those aged between 15 and 64 in the EU12 is projected to increase from 27.8 % to 50.1 % until 2060, and the total economic dependency ratio13 is expected to stabilise at over 120 % up to the middle of the next decade and then to rise above 140 % by 2060; whereas these factors may appear as sufficient justification for the fact that the great majority of European citizens agree that it is important to restructure their pensions systems; __________________ 12 People aged 65 or above relative to those between aged 15 and 64.null 13 Total inactive population relative to employed people aged between 20 and 64.
Amendment 102 #
2015/2330(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas the growing number of dependent older people has and will have an increasing impact on health and long term care systems, the need for both formal as well as informal care resources; and whereas current social security systems do not take sufficient account of the situation of informal carers, which constitute a huge resource to society;
Amendment 138 #
2015/2330(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that good and qualityquality and inclusive jobs constitute an essential pillar for social fairness, promoting human dignity for all; believes that in this sense employment and growth must be placed at the centre of EU policies, especially for youth and for the Generation 50+, as a way to construct a more sustainable social European Union;
Amendment 153 #
2015/2330(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to foster, at Member State level, forms of cooperation involving governments, enterprises, educational institutions and social partners, with a view to adaptingimprove Member States’ education and training systems and implement a dual education system to meeto the needs of the labour market;
Amendment 171 #
2015/2330(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the Commission´s proposal to enhance the Youth Guarantee at national, regional and local level, and stresses its importance for school-to-work transitions; stresses the need to guarantee suitable forms of collaboration between public and private employment services on national and European level;
Amendment 179 #
2015/2330(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the Commission’s initiative for an individualised approach for the long- term unemployed; considers that such an approach will require an increased effort in terms of human resources, calling for participants with the educational level needed to be able to orientate the unemployed on how to overcome possible gaps in education or training; stresses that professional requalification processes require adequate financial resources that need to be channelled to the unemployed individuals at all ages;
Amendment 185 #
2015/2330(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the integration of long-term unemployed individuals is crucial for their self-confidence and future development and is key to fighting poverty and guaranteeing the sustainability of national social security systems; calls the Commission to support efforts to reduce long-term unemployment by creating inclusive lifelong learning opportunities for workers and job seekers at all ages;
Amendment 203 #
2015/2330(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the EU continues to suffer from structural problems that need to be addressed urgently, pointing up the need to continue prioritising investment, structural reforms and responsible fiscal consolidation, thus reinforcing a favourable environment for business with a view to creating more quality jobs while balancing the social and economic dimensions; stresses that those priorities will only be achieved if investment in human capital and life-long learning is prioritised as a common strategy;
Amendment 214 #
2015/2330(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Draws attention to the urgent need to fight undeclared work, which jeopardises both the quality of work and workers’' access to social protection systems and national public finances and creates unfair competition between European enterprises; calls on the Member States to reinforce labour inspection mechanisms and to design measures to enable workers in the grey economy to have access to employment protection regimes; encourages Member States to implement rates of taxation related to the diverse forms of employment relationships, as one of the incentives for stable contracts;
Amendment 237 #
2015/2330(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to gradually shift taxes from labour to other sources, and to implement tax rules that foster incentives to entrepreneurship and employment creation, especially for highly qualified young people, in order as well as for the Generation 50+ in order to utilize their professional experience and to secure the transfer of their know-how to young colleagues and to boost research and innovation projects within European enterprises;
Amendment 253 #
2015/2330(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to modernise their current social protection systems, in order to guarantee their sustainability in the face of expected ageing and new social risks; considers that pension schemes should be linked not only to life expectancy but also to other social and labour factorfactors like birth rates, labour market trends, individual and public state of health and migration figures, while not jeopardising the sustainability of public finances;
Amendment 265 #
2015/2330(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States to examine the persistence of low fertility rates in the EU; calls on the Commission to promote family-friendly policies that enhance parents’ capacity to ensure their children’s and other dependents' care and wellbeing; encourages the Member States to consider applying more favourable fiscal differentiation in line with the number of children in a family;
Amendment 275 #
2015/2330(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the need to promote sustainable growth leading to the creation of more and better jobs and tangible prospects for all, young people in particular, in order to respond to the internal and external challenges facing the EU;
Amendment 280 #
2015/2330(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Underlines that the demographic change will lead to a decrease of young workers and consequently to an increasing need to retain older workers in employment; calls on the Member States to adapt their labour market strategies and pension systems as well as improve adult education in order to react to the demographic change accordingly;
Amendment 287 #
2015/2330(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission, in close cooperation with Member States, to take steps to provide better information on all European funds and programmes that have the potential to boost entrepreneurship, investment and access to financing, such as Erasmus for Entrepreneurs, the European Employment Service (EURES), the programme for the Competitiveness of Enterprises and Small and Medium-sized Enterprises (COSME), the programme for Employment and Social Innovation (EaSI) and the European Fund for Strategic Investments (EFSI);
Amendment 294 #
2015/2330(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Points out that enterprises in the social economy, including social services face as many difficulties as traditional enterprises in obtaining public or private financing; underlines the need to give them more support, especially as regards access to the different forms of financing, such as European funds; calls on the Commission to create a tool within EFSI aiming specifically to support investment into the social economy and social service providers;
Amendment 302 #
2015/2330(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Underlines the high societal and economic value of investment in social protection, including social services; states that such social investment should be given more flexibility within the Macro-economic Imbalance Procedure, therefore encouraging Member States to invest in social services for positive social and economic growth.
Amendment 310 #
2015/2330(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Points out that investment priorities must be oriented to infrastructurale and human capital development projects where these are clearly needed in order to ensure social fairness or enhance sustainable growth; calls on the Commission to require both a prior presentation of the expected social and economic outcomes of any EU-funded investment project and its subsequent monitoring and evaluation;
Amendment 319 #
2015/2330(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the Commission’s call on Member States to increase their social investments, especially in healthcare(formal and informal) health and long-term care as well as social services, childcare, housing support and rehabilitation services; calls on enterprises and other eligible beneficiaries to make better use of the investment mechanisms provided by European funds and projects having direct application;
Amendment 326 #
2015/2330(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Points out that formal and especially informal carers represent an important pillar for mastering the rapidly growing demands of the future care systems in Europe; underlines the need to improve the social protection for caring family members, who often have to reduce their paid jobs in order to provide unpaid care and lose social security rights as a result;
Amendment 332 #
2015/2330(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Agrees on the need to develop a process of upward economic and social convergence in order to foster social and economic cohesion between Member States and their regions, but points out that this must be viewed as a goal of a common project in which social and civil dialogue plays a key role;
Amendment 345 #
2015/2330(INI)
Motion for a resolution
Subheading 5
Subheading 5
Social inclusion as a challengen opportunity for society
Amendment 358 #
2015/2330(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on the Member States to implement and monitor more efficient and effective forms of social protection systems and income support, with a special focus on groups at risk in order to ensure that these systems offer a minimum standard of living for the unemployed and those at risk of poverty and social exclusion throughout the life-cycle, while guaranteeing that such mechanisms do not perpetuate social dependency and constitute an incentive to education or entering the job market;
Amendment 376 #
2015/2330(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Points out to the Member States, in view of the ageing of Europe’'s citizens, the social risk implied in not being able to guarantee the adequacy, sustainability and effectiveness of social security systems over the coming decades; therefore calls for effective social protection systems to be developed to mitigate the risk of long- term care needs, including preventative and rehabilitation services and support for informal carers; calls for increased attention to specific groups when implementing pension reforms, such as older women and very old persons; calls especially for the implementation of the 2015 Council conclusions on equal income opportunities for women and men: closing the gender gap in pensions;
Amendment 383 #
2015/2330(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the Commission and the Member States to work together on removing the obstacles to fair labour mobility, ensuring on one hand to increase the employment rate and on the other hand to ensure that EU mobile workers are not treated abusively;
Amendment 391 #
2015/2330(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Calls on the Commission to develop a concrete plan on how the European Semester will be used to implement the principles of the UN Convention on the Rights of Persons with Disabilities;
Amendment 416 #
2015/2330(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the fact that the Commission has clearly distinguished a European and a national phase with regard to the European Semester; stresses the need for closer coordination between the European institutions in the design, implementation and evaluation of the European strategy for growth; calls on the Commission to establish a clear agenda in this respect, also involving the social partners and civil society and the national parliaments;
Amendment 424 #
2015/2330(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Believes that, in order to match European and national policies on growth and guarantee their suitability on the ground, it is crucial to strengthen the role of the social partners at both European and national level; stresses that, in order to progress with convergence and balance competitiveness and fairness, social dialogue and civil dialogue must be pursued in all the phases of the Semester;
Amendment 22 #
2015/2327(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that Erasmus+ is one of the key drivers of growth, employment, competitiveness and social cohesion in that it contributes to improving European education and training systems and employability, and provides Europeans with an opportunity to acquire transversal and transferable sets of skills and competences via studies, training and work experience abroad; Considers that Erasmus+ is one of the key pillars to get the European population used to Lifelong Learning as the new model;
Amendment 52 #
2015/2327(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Highlights the fact that vocational education and training (VET) and VET mobility play a vital economic and social role in Europe as a mechanism leading to equal opportunities for all citizens, including those from socially disadvantaged groups, unemployed young people, migrants and women, who are all under-represented in VET; calls on the Commission and the Member States to position VET as a choice which leads to a promising career, make it accessible to all ages, ensure gender balance and non- discrimination, and guarantee that it is adequately funded;
Amendment 125 #
2015/2320(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the EU to better engage Member State authorities, universities, businesses and financial institutions with a view to making full use of EU funding sources (e.g. the EFSI, the ESF, the ERDF, COSME, Horizon 2020 and Erasmus+) so as to help overcome the difficulty in accessing finance which is still one of the main barriers to the growth of SMEs; Horizon 2020 and Erasmus+) so as to help overcome the difficulty in accessing finance which is still one of the main barriers to the growth of SMEs; also emphasises the importance of cross- border SME promotion programmes under the framework of the European research initiative EUREKA as a means to further cooperation between SMEs and research institutes;
Amendment 136 #
2015/2320(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the view that the artificial academisation of specific professions idoes not helpful if one wishes to tacklnecessarily solve the problem of skills scarcities in SMEs; believes that vocational training, and especially dual systems operated in cooperation with SMEs, should be given more public support; stresses that dual training is an important tool in reducing youth unemployment and calls for support for SMEs which train young people to become qualified skilled workers and thus make an important contribution to including young people in the labour market and in society;
Amendment 206 #
2015/2320(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. takes the view that only with improved access to financing through the SME correcting factor is a stable financial situation created which fosters growth and thereby sustains employment;
Amendment 250 #
2015/2320(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. calls on the Commission to carry out an SME test on legislation relevant to SMEs in accordance with its guidelines on impact assessment;
Amendment 272 #
2015/2320(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to remove the remaining administrative barriers with a view to facilitating market access for micro-enterprises and SMEs from other Member Stat, particularly those providing cross-border services;
Amendment 295 #
2015/2320(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Notes that in some cases EU competition policy results in privileging that mostly benefits big market operators that are characterised by greater economic efficiency than SMEs; stresses in this regardstresses the need for specific measures for SMEs in order to curb their market diseconomies, thus enabling their internationalisation and boosting their job creation potential;
Amendment 306 #
2015/2320(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. appeals to Member States for public bodies to officially restrict themselves to their statutory sector when providing services so that their special tax position does not give rise to SMEs suffering because competition has been distorted;
Amendment 1 #
2015/2257(INI)
Draft opinion
Recital 1 (new)
Recital 1 (new)
(1) whereas, according to Eurostat, unemployment has been still at 10.2 percent in 2014 despite the slow recovery; whereas across the EU, youth unemployment stands at 22.1 %, only 51% of workers between 55 and 64 work and the gender gap in the employment rate of older workers reaches 13.6 percentage points;
Amendment 2 #
2015/2257(INI)
Draft opinion
Recital 2 (new)
Recital 2 (new)
(2) whereas skills mismatches on the labour market persist, as shown by the high job vacancy rate in the European Commission's 2015 Autumn Economic Forecast;
Amendment 17 #
2015/2257(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that lifelong learning and vocational education and training are key to achieve better employment prospects to long-term unemployed; calls upon the Commission and member States to put all efforts into the attainment of the objectives of the European Strategy for Education and Training 2020; highlights that European mobility programmes such as Erasmus+ have a vital role to play in this field as well;
Amendment 42 #
2015/2257(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that increased efforts on the part of the European Commission are needed to reduce the high amount of administrative burden for applicants as well as for host companies and institutions involved in Erasmus+ projects in order to facilitate the registration process under the principle of proportionality;
Amendment 48 #
2015/2257(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Welcomes the improved accessibility to programme-related-documents in all official EU languages; notes that the quality of the translation should be improved in order to avoid ambiguity and misconceptions for the participants;
Amendment 128 #
2015/2257(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls upon the Commission and Member States to intensify their efforts to recognise also informal and non-formal learning by processes of skills validation; highlights that this is especially important for older workers who lose their jobs and have acquired a rich experience through informal and non-formal learning, as well as for women coming out of career breaks for the care for children or family members dependent on care, where they have exercised tasks that are highly valuable in the formal workforce; calls for a European reference framework for skills acquired through formal and non- formal learning;
Amendment 137 #
2015/2257(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Deplores that non-formal learning has lost visibility and a share of the budget dedicated to it in the current Erasmus+ programme; highlights the importance of non-formal learning on European level, especially through youth work and senior volunteering; calls for non-formal and informal learning to have a clear and visible place in the Erasmus+ programme; further calls for the possibility to apply for large-scale adult education projects that would be governed by the same principles as sector skill alliances or knowledge alliances;
Amendment 141 #
2015/2257(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Calls on the Commission and Members States to take into account the positive role that 'seniors' can play in education and training of youth, particularly in the field of business and entrepreneurship, to maximise inter- generational exchange through traineeships and mentoring as well as facilitating experience-based learning in cross-generational teams;
Amendment 144 #
2015/2257(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Urges that Erasmus+ or similar programmes be put in place to provide education and training opportunities for older age groups, particularly for 50+ entrepreneurs or potential 50+ entrepreneurs, with a view to boosting employment in Europe;
Amendment 34 #
2015/2255(INI)
Motion for a resolution
Recital A
Recital A
A. having regard to the increased trend towardsexisting phenomena of undeclared work, and bogus self- employment, outsourcing and subcontracting, which leading to an increase in precarious jobs and deterioratinge levels of worker protection,; having regard to an increasing trend towards outsourcing and subcontracting which may create possibilities to abuse existing labour and social law;
Amendment 77 #
2015/2255(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. having regard to the fact that there is no legal definition of social dumping which may create confusion with respect to respective recommendations and their application;
Amendment 84 #
2015/2255(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. having regard that to the fact that there are different ways on how "social dumping" is being interpreted and that for the purpose for this report social dumping should be considered as "the intended abuse or circumvention of existing European and national laws in order to gain competitive advantage while unlawfully minimising labour and operational costs and not respecting workers' rights;
Amendment 88 #
2015/2255(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. having regard to the distinction in the EU law of rules governing the free movement of workers, the right of establishment and the freedom to provide services;
Amendment 92 #
2015/2255(INI)
Motion for a resolution
Recital D
Recital D
D. having regard to the importance of the principle of 'equal pay and social protectioArticle 45 of TFEU stipulating that freedom of movement shall entail the abolition of any discrimination based on nationality between fwor the same work at the same place' for all European workers,kers of the Member States as regards employment, remuneration and other conditions of work and employment;
Amendment 121 #
2015/2255(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
D b. having regard to the fact that one of the main principles of EU policies is a social cohesion, which means a constant and ongoing approximation of wages and social security protection guaranteed to all workers, be it local or mobile;
Amendment 148 #
2015/2255(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to submit a proposal forMember States to make more staff and resources available in the area of labour inspection and achieve the goal of one labour inspector per 10 000 workers, in accordance with ILO recommendations; calls on the Commission to support the Member States in establishing effective and efficient labour inspectorates and to draft a directiveommendation based on ILO Convention No 81 on labour inspection;
Amendment 163 #
2015/2255(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Warmly welcomes the agreement to establish a European platform to combat undeclared work which brings together the Commission, the social partners and national authorities in order to step up the fight against undeclared work throughout the Union; regards the platform as a prime example of the added value which the Union brings to social policy;
Amendment 171 #
2015/2255(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on Member States to increase thsecure appropriate staffing levels and resources ofor their labour inspectorates and their liaison offices, in particular for interpretation and translation and to make sure that inspections are proportionate, justified and non- discriminatory;
Amendment 196 #
2015/2255(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls for the creation of a European body ofmeasures to promote cross- border labour inspectors to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work incooperation between labour inspectors in close coordination with the work of the platform againsto combat undeclared work in order to limit the financial burden involved;
Amendment 227 #
2015/2255(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for checking whether implementation byt would be effective and efficient if Member States ofwere to set up electronic systems for the registration of the prior declaration of posting missions;
Amendment 236 #
2015/2255(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to submit a proposal for a directive based on ILO Convention No. 189 concerning decent work for domestic workMember States to establish legal frameworks allowing for lawful employment of domestic workers and carers, in order to provide legal certainty for both the workers and their potential employers;
Amendment 275 #
2015/2255(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Requests that information on postings should not beCalls for an assessment of the opportunities and risks which would arise if information on postings were not to be submitted retroactively and that it isif it were to be entered in an electronic register; stresses that care should be taken to check that the competent authorities of the host Member State shwould be able to revise form A1 in the event of serious doubts about whether a posting is genuine;
Amendment 284 #
2015/2255(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls its appeal forInvites the Commission to consider evaluating the feasibility of the creation of 'a forgery-proof European social security card (...)or other EU-wide electronic document on which could be stored all the data needed to verify the bearer’'s social security status based on an employment relationship'11 [1]; wishes all the necessary information associated with the worker's postings to feature on this card; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//EN
Amendment 310 #
2015/2255(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Stresses the need to complement the action against the breaches of social rights with a fight against tax fraud and tax evasion, in order to guarantee a fair competition and a level playing field for the enterprises;
Amendment 315 #
2015/2255(INI)
Motion for a resolution
Subheading II
Subheading II
Amendment 326 #
2015/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Ccalls on the Commission to combat the phenomenon of letterbox companies by applying more generally the principle that each company should have a single corporate headquarters; recalls the rejection by the Committee on Employment and Social Affairs of the proposal for a directive on single-person limited liabilityand the Member States to intensify their efforts to combat letterbox companies;
Amendment 369 #
2015/2255(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the notion of 'minimum wage' contained in Directive 96/71/EC should be revised to ensure equal pay for posted workers and local workers in similar positions; sStresses the need to respect the collective agreements of the host country and to ensure, through the revision of Regulations (EC) No 883/2004 and (EC) No 987/2009, the payment of gross earnings corresponding to the remuneration paid by the employer before the deduction of taxes and social security contributions payable by employees and withheld by the employer; recalls that specific postings bonuses should be paid on top of remuneration;
Amendment 393 #
2015/2255(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Wishes periods of postings to be limited in Directive 96/71/EC and temporary employment agencies to be excluded from the scope of the directiveStresses the need to take a nuanced view of the temporary employment industry and its collective agreements in particular; the Commission and Member States should support all forms of temporary employment, particularly those which act as a bridge to permanent employment ;
Amendment 409 #
2015/2255(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Notes that due to differences in Member States labour laws it is difficulty to make a clear distinction between employees and self- employed workers at EU level; thus in order to combat bogus self- employment calls on the Commission to propose specific recommendations based on indicators of the existence of an employment relationship according to the ILO Convention 198 on Employment Relationship Recommendation;
Amendment 431 #
2015/2255(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for increasedmore efficient controls on the implementation of working time and rest times in transport; calls for the introduction of automatic digital records and the development of 'smart tachographs' for all means of transport, including inland waterway transport; recalls the desire expressed in its resolution of 3 July 2012 on road transport that 'by 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 shall be fitted with a smart tachograph'12 on a swift implementation of the Regulation No 165/2014 on the tachographs in the road transport; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=EN&ring=A7-2012- 0195#BKMD-7
Amendment 432 #
2015/2255(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for increased controls on the implementation of working time and rest times in the transport sector; calls fourges the Commission to analyse whether the introduction of automatic digital records and the development of '“smart tachographs'” for all means of transport, including inland waterway transport; recalls the wish expressed in its resolution from 3 July 2012 that “until 2020 (...) all vehicles that are not exempt from Paragraphs 2 and 3 of this regulation (mutransport makes sense; in doing so, it should also take account of the administrative burdens and costs for honest) be equipped with a smart tachograph” 12usinesses; __________________ 12 www.europarl.europa.eu/sides/getDoc.do? type=TA&reference=P7-TA-2012- 0271&language=DE&ring=A7-2012- 0195#BKMD-7.
Amendment 469 #
2015/2255(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Asks the Commission toand Member States to work on clearify the provisions so that a distinction can be drawn and transparent distinctions between employees and self- employed workers to combat 'bogus self employment'; emphasises that airline pilots and train drivers cannot be considered to be independent of the companies for which they workwhich are practicable and which cover the many forms which employment relationships can take, and which also do not discriminate against genuinely self-employed workers with a small number of clients, which create legal certainty and which prevent abuse of the rules;
Amendment 486 #
2015/2255(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 514 #
2015/2255(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need for a new regulation on ground-handling at airports to ensure mandatory social and wage protection for workers in the event of new calls for tenders or the partial loss of work; supports the introduction of rules to ensure the effective implementation of laws with regard to airlines with 'operational bases' on the territory of a Member State; calls for the clarification of the definition of 'home base' to protect the social rights of flight cabin crews, in particular their rest periodat there is no need for ground-handling at airports;
Amendment 524 #
2015/2255(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18. Calls for social rights of flight and cabin crew to be protected;
Amendment 569 #
2015/2255(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls on the Commission to rapidly draw up proposals to combatinvestigate the extent, and consequences, of unfair competition in the digital and sharing economy;
Amendment 596 #
2015/2255(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Takes the view that a social protocol is necessary to ensure the primacy of fundamental rights over economic freedomsurgent action is needed to help the social market economy become established in all the EU Member States, to protect the freedom of all market participants and, at the same time, to ensure social balance;
Amendment 616 #
2015/2255(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the Commission's commitment to proposing a basis of minimum social rights; emphasises that the establishment of criteria for comparing the various national social systems cannot provide such a basis, but can only serve as a preliminary analytical framework represent the first step towards such a basis;
Amendment 633 #
2015/2255(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Wishes that wage floors be establishedSupports the establishment of wage floors, possibly in the form of a minimum wage; emphasises that this instrument should be set up on the basis of legislation or convention, in accordance with national practices, with due respect for the role of the social partners; believes that these wage floors should represent at least 60 % of the average national wage; calls on the Commission to consult the social partners with a view to introducing, where appropriate, a minimum wage in some border areas associated with highly mobile workers;
Amendment 658 #
2015/2255(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports the development of unemployment benefit arrangements as a mechanism ft Member States level and their por tabsorbing asymmetric social shocks within the euro areaility under the EU social security coordination;
Amendment 660 #
2015/2255(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports the development of effective and efficient national unemployment benefit arrangements as a mechanism for absorbing asymmetric social shocks within the euro area;
Amendment 665 #
2015/2255(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a.Sees no need to develop an EU-wide unemployment benefit system; fears that this would represent the first step towards the establishment of a transfer union;
Amendment 672 #
2015/2255(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. CRecalls on the Commission to propose a legal instrument to address the cross- border dimensions of outsourcing, extending the joint and several liability of the payer to include all economic sectors athat Member States can set up, in consultation with the concerned social partners, "joint and several liability" mechanisms at national level applicable towards local and foreign companies in order to enable local and foreign workers to execute their rights; reminds the entire subcontracting chainat such a possibility was confirmed by the Enforcement Directive on the Posting of workers;
Amendment 676 #
2015/2255(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Recognizes the risks related to long chains of subcontracting; calls on the Commission to carefully monitor the application of the obligation put on Member States in the Enforcement Directive to provide for measures ensuring that in the construction sector in subcontracting chains posted workers can hold the contractor of which the employer is a direct subcontractor liable for the respect of their workers' rights;
Amendment 687 #
2015/2255(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Emphasises that in its resolution of 6 February 2013 on Corporate Social Responsibility, CSR, (2012/2097 (INI)), the European Parliament made it absolutely clear that charitable activities shall never be an obligation in a free society within the framework of CSR; firmly believes that a commitment to CSR would lead people to be less receptive to charity;
Amendment 689 #
2015/2255(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28 b. requests that enterprises, particularly SMEs, must not in any way be required to disclose non-financial information about their voluntary social engagement; emphasises that this leads to unreasonably high bureaucratic costs and would jeopardise social commitment instead of promoting it;
Amendment 61 #
2015/2228(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the lack of affordable childcare contributes to the gender employment gap, the pay gap and related pension gapand high-quality care arrangements and services with respect to children, older people and other relatives in need of care contributes to the gender employment gap, the pay gap and related pension gap (due to women having to decrease or give up paid labour as a result of their caring tasks, leading to loss of social security and pension rights), and the disproportionate number of women who are in precarious work and in or at risk of poverty; urges the Member States to ensure access to childcare by, for example, increasingare support services by, for example, ensuring adequate expenditure on the provision of childcareare and support services and/or subsidies to households, incentivising employer contributions to childcare costs, improving the attractiveness of the health and social services sector for both men and women, in particular for young people, respite care and carer-friendly work environments - enabling the combination of work and informal care - and making better use of EU funds;
Amendment 49 #
2015/2147(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that the data protection rules and standards should be harmonised and comprehensive for all sectors and to this end, calls for swift revision and alignment of the ePrivacy Directive to the General Data Protection Regulation;
Amendment 66 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that big data, cloud services, the Internet of Things, research and innovation are key to economic development; believes that data protection safeguards and security are crucial for building trust in the data-driven economy sector; stresses the need to raise awareness of the role of data and data-sharing in the economy and to clarify data ownership rules; underlines the role of personalisation of services and products that should be developed as a balanced solution in compliance with data protection requirements; calls for the promotion of privacy by default and by design; underlines the importance of a risk-based approach in data protection legislation, especially for SMEs; recognises that putting in place additional safeguards, such as pseudonymisation or anonymisation can help reduce risks and create support for processing when personal data are used by big data applications and online service providers;
Amendment 102 #
2015/2147(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for steps to be taken to ensure high standards of data protection when pursuing cooperation with the third countries within the Digital Single Market Strategy; calls on the Commission to swiftly ensure a coherent and permanent framework for safe international transfer of data as it is necessary for legal certainty, as well as to unlock the full potential of the Digital Single Market, while at the same time guaranteeing a high level of protection of personal data for EU citizens, and which could be a good reference point for future global solutions.
Amendment 43 #
2015/2116(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the rate of employment of people with disabilities in the Member States is underfar below 50 %, as compared to over 70 % for the general population, and the rate of unemployment of people with disabilities (18.3 %) is almost twice that of the general population (9.9 %);
Amendment 51 #
2015/2116(INI)
Motion for a resolution
Recital J
Recital J
J. whereas only half of the people between 55 and 65 are in employment, and long- term unemployment is particularly prevalent among younger and older employees; whereas hiring rates and job transition rates of older workers are low across the European Union; whereas gender differences in employment rates are especially high for older workers;
Amendment 143 #
2015/2116(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages the Member States to develop an all-encompassing framework for measures benefitting access to work of people with disabilities, including using fines imposed for failures to comply with anti-discrimination legislation to finance other actinclusions in the fieldopen labour market;
Amendment 148 #
2015/2116(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Encourages Member States to provide ongoing support to employers that hire persons with disabilities so as to create favourable conditions and ensure adequate support in all phases of the employment life: recruitment, retention and career progression;
Amendment 154 #
2015/2116(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the importance of having elderly in the workplace who cant contributions that older workers bring to society and competitiveness of companies; stresses the importance of involving older workers to pass on their knowledge and experience to younger workers, and regrets the fact that age is the first grounds for employment discrimination;
Amendment 165 #
2015/2116(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes with concern that the CJEU identifies solidarity between generations as the single most important legitimate aim justifying differences of treatment based on age, as those Member States that show higher employment rates for older workers are also those that perform far better in introducing younger people into the labour market;
Amendment 174 #
2015/2116(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that, thanks to policy changes, people aged 55-64 make up an increasing share of workers; regrets, however, that the employment rate for this group has increased too slowly and remains below 50only at 51.8 % in the EU19 ; is concerned about the gender gap in employment rates for this age category of almost 14%; is questioning how the digital market will affect employment, in particular for people over 50, and is worried about how little prepared the EU and the Member States are to address this issuregarding the digital change; __________________ 19 Businesseurope , ‘Position paper on Promoting diversity in employment and workplaces’, Nov. 2013.
Amendment 177 #
2015/2116(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Is concerned about how the digital market will affect employment, in particular for people over 50, and about how little prepared the EU and the Member States are to address this issue; highlights that many employers do not hire older workers because of stereotypes on lacking or out-dated skills; therefore calls for the inclusion of life-long learning and adult education for workers of all age groups into the reflection on the upcoming European Skills Strategy announced by the European Commission;
Amendment 187 #
2015/2116(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. welcomes the work programme of European social partners for the period 2015-2017 which focusses on active ageing; calls upon social partners to thoroughly take on the issues linked to age discrimination, adult learning, occupational health and safety as well as reconciliation between work and family life to build a European framework that supports employability and health of all workers;
Amendment 198 #
2015/2116(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Welcomes the campaign 'Healthy workplaces for all ages' conducted by EU- OSHA; underlines the importance of effective occupational health and safety legislation and incentives for companies to adopt preventive methods; calls for the campaign to adopt strong outreach to companies of all sizes;
Amendment 201 #
2015/2116(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Welcomes the Commission's initiative on work-life balance; underlines that work-life balance is a challenge also to older workers, as 18 % of men and 22 % of women between 55 and 64 care for family members in need of care, while more than half of grandparents provide regular care to their grandchildren; recommends that the upcoming initiative on work-life balance fully includes measures to support informal carers and grandparents of working age as well as young parents;
Amendment 279 #
2015/2116(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Ensuring support for informal carers combining work and care responsibilities (e.g. flexible working hours, respite care) so that these carers (mostly women) are enabled to provide care, making a huge contribution to their families and society and are not penalised for this contribution now or later in life;
Amendment 6 #
2015/2107(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the European Commission's White paper 'An Agenda for Adequate, Safe and Sustainable Pensions' (COM(2012) 55 final)
Amendment 25 #
2015/2107(INI)
Motion for a resolution
Recital A
Recital A
A. whereas good physical and mental health is a fundamental right that has positive value in itself; and on the same level the personal and individual responsibility for their own health which all workers shall contribute as active as possible.
Amendment 44 #
2015/2107(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the proportion of workers, who report their physical and mental health and safety to be at risk because of their work, varies significantly across Member States14 ; __________________ 14 5th 5 Working Conditions Survey, Overview Report, Eurofound (2012) http://www.eurofound.europa.eu/sites/defa ult/files/ef_publication/field_ef_document/ ef1182en.pdf
Amendment 55 #
2015/2107(INI)
Motion for a resolution
Recital D
Recital D
D. whereas worker representation at company level and commitment from management is important to successful risk prevention at the workplace15 as well as the proactive participation in health and accident prevention by all workers themselves; __________________ 15 Worker representation and consultation on health and safety, EU-OSHA (2012) https://osha.europa.eu/en/publications/repo rts/esener_workers-involvement
Amendment 57 #
2015/2107(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas a strong and enforced framework on health and safety at work is an important element of safeguarding workers' health and productivity throughout the life-cycle, benefiting therefore citizens, companies and society as a whole;
Amendment 96 #
2015/2107(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that all employees have a right to the highest level of protection regarding health and safety in the workplace regardless of the size of the employer, the underlying contract or the Member State of employment; but they are also responsible for their personal and individual health and shall contribute as active as possible;
Amendment 132 #
2015/2107(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to define and apply quantitative reduction targets at EU level for occupational diseases and accidents at work following the 2016- review of the OSH strategic framework and to rely on the latest research findings when reviewing the framework, including the individual and proactive contribution to these goals by the workers themselves;
Amendment 158 #
2015/2107(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States and the Commission to ensure that this EU Strategic Framework on Health and Safety at Work becomes integrated part of all national OSH strategies arewhich shall be realized fully transparent and open to input from social partners;
Amendment 160 #
2015/2107(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States and the Commission to ensure that national OSH strategies are fully transparent and open to input from social partners and civil society;
Amendment 178 #
2015/2107(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. urges the Member States to practice the principle of Bench- Learning by not only studying and evaluating best practice models within the EU but also concretely implement the consequences and measures as outcome of this comparison process into national reforms;
Amendment 204 #
2015/2107(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member States and social partners to take initiatives to upgrade the skills of mental and physical health and safety representatives and managers; calls on the Commission to draw up guidelines for the involvement of employees in implementing preventive OSH measures;
Amendment 236 #
2015/2107(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes that ensuring a level playing- field across the EU and eliminating unfair competition and social dumping is crucial; stresses that labour inspectorates play a key role in enforcing workers' rights to a safe and mentally and physically healthy working environment; calls on the Member States to follow the ILO recommendation of a minimum of one labour inspector per 10 000 workers and to increase staffing and resources available to labour inspectorates;
Amendment 288 #
2015/2107(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission to take action on one of the most prevalent work-related health problems in Europe and submit a proposal for a comprehensive directive on musculoskeletal disorders (MSDs) to improve effective prevention and address the multicausal causes of MSDs; points out that integrating provisions of existing directives into a comprehensive directive laying down minimum requirements for protecting workers from exposure to ergonomic risk factors can benefit both workers and employers;
Amendment 325 #
2015/2107(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 344 #
2015/2107(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Urges employers to ensure and facilitate a sound work-life balance, taking into account the growing number of employees that need to combine work and care (for children as well as for other and older dependents); special measures (e.g. care leave) are required to ensure to support the physical and mental health of these carers.
Amendment 25 #
2015/2103(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. education must pave the way for the next generation to belife-long learning constitutes a basic requirement for being able to live fully productive lives in a world which will be changed bythat is constantly changing through robotisation and automation;
Amendment 83 #
2015/2103(INL)
Draft opinion
Paragraph 5
Paragraph 5
5. an answer must be found to the question of which areas might see restrictions or a ban on total automation in order to safeguard employment levels, taking into account demographic changes and sustainability and any unintended social consequencesspecifically and precisely how, despite the increased automation of entire industries, new and sustainable social security systems can be created throughout Europe.
Amendment 53 #
2015/2097(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses that levels of protection and benefits afforded to parents in the Member States vary considerably and that European rules should not have the effect of complicating, restricting or increasing the cost of national systems that already work well and offer a high level of performance;
Amendment 96 #
2015/2097(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the flexibility the directive grants to the Member States to define forms of parental leave – part-time or full-time – and the working and notice periods established as conditions for granting parental leave; welcomes the initiatives introduced by the Member States to give workers as much flexibility as possible in this area, ensuring that parental leave ties in with their professional and personal circumstances, but believes that any choices made to cede some of the decision-making power to employers should not undermine the targetll arrangements should have the fundamental aim of increasing the taking of parental leave;
Amendment 106 #
2015/2097(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Member States when making their arrangements to ensure that enterprises can plan with certainty and to pay particular attention to the needs of the smallest and small and medium-sized enterprises in this regard;
Amendment 115 #
2015/2097(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 133 #
2015/2097(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 140 #
2015/2097(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to introduce financial compensation for parental leave with a view to reaching a level that would act as an incentive for income replacement, over the minimum time period guaranteed by the directive, based on the average EU maternity leave income replacement rate, in order to safeguard families’ social and economic wellbeing;
Amendment 162 #
2015/2097(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 193 #
2015/2097(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 103 #
2015/2095(INI)
Motion for a resolution
Recital G
Recital G
G. whereas migrant smuggling, trafficking and labour exploitation are distinct legal phenomenainstances of wrongdoing requiring properly targeted responses, while often overlapping in practice; and whereas criminal smuggling and trafficking networks can change their modus operandi very quickly, thus requiring rapidly adapted responses based on the most recent and accurate data;
Amendment 127 #
2015/2095(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the abolishment of internal border controls must go hand-in-hand with the effective management of external borders, with high common standards, effective exchange of information between Member States, and full respect for everyone’s fundamental rights, as well as raising the status of, and strengthening, the EU border protection agency Frontex;
Amendment 149 #
2015/2095(INI)
Motion for a resolution
Recital M
Recital M
M. whereas safe and legal routes for refugees to access the EU are limited, and many continue to take the risk of embarking on dangerous routes; and whereas the creation of new safe and lawful routes for asylum seekers and refugees to enter the EU, building on existing legislation and practices, would allow the EU and the Member States to have a better overview of the protection needs and of the inflow into the EU and to undermine the business model of the smugglers; whereas contact points for asylum applications should be set up in third countries, and applications processed with the help of UNHCR expertise and shared among all Member States in accordance with a distribution key to be calculated, as proposed by the Austrian interior ministry under its 'Save Lives' initiative;
Amendment 197 #
2015/2095(INI)
Motion for a resolution
Recital U
Recital U
U. whereas the CEAS includes a set of common rules for a common asylum policy, a uniform asylum status and common asylum procedures valid throughout the Union; whereas, however, many alerts, including the infringement decisions adopted by the Commission, show that the CEAS has not been fully implemented as widely as possible in many Member States; whereas implementation is essential in order to harmonise national laws and promote solidarity among Member States, and whereas Member States can seek supporting assistance from EASO to meet the standards required by the CEAS; whereas harmonisation of reception conditions and asylum procedures can avoid stress on countries offering better conditions and are key to responsibility sharing;
Amendment 220 #
2015/2095(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that solidarity must be the principle upon which Union action on migration is based; notes that the principle of solidarity, as set out in Article 80 TFEU, covers asylum, immigration and border control policies; takes the view that Article 80 provides a legal basis ‘jointly’ with Articles 77-79 TFEU to implement the principle of solidarity in those areas; calls on all Member States to show concrete solidary by taking their shared responsibility in receiving people in need of international protection.
Amendment 316 #
2015/2095(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that military operations should not be the predominate aspect of any holistic approach to migration and reiterate, but are important to save lives and combat smugglers; considers that CFSP Operation "Sophia must not distract" and Mare Sicuro are an essential contribution to the effectiveness of search and rescue operations and to the assets already deployed in the Mediterranean forom saving lives at sea;
Amendment 321 #
2015/2095(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. welcomes the recent decision to use NATO assets in the Eastern Mediterranean to combat traffickers and smugglers who are exploiting innocent migrants
Amendment 430 #
2015/2095(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the preferences of the applicant should, as much as practically possible, be taken into account when carrying out relocation in particular based on their skills and competences; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop the relocation process;
Amendment 449 #
2015/2095(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. ObserveConsiders, furthermore, that resettlement through the auspices of UNHCR is a well-established humanitarian programme, and is a useful tool for managing orderly arrivals of persons inthe best existing legal and safe way for persons in need of international protection to reach orderly the Member State territories; deplores that the offer of quotas for resettlement by all Member States is totally insufficient to meet the needs of international protection ontoeven the most vulnerable refugees; deplores that according to UNHCR procedures for resettling refugees are too long; Calls on all Member States territorio participate to resettlement programmes and to speed up procedures;
Amendment 554 #
2015/2095(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Points out that the pressure placed on the system – as established by the Dublin Regulation – by the rising number of migrants arriving in the Union has shown that, as implemented, the system has largely failed to achieve its two primary goals of establishing objective and fair criteria for allocation of responsibility and of providing swift access to international protection; observes that, because of the lack of unity among EU Member States, the Dublin Regulation has effectively become inoperative;
Amendment 576 #
2015/2095(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Recommends that the examination of asylum applications should largely be moved to contact points outside the EU, close to refugees' place of origin, in order to combat the smuggling of people effectively;
Amendment 632 #
2015/2095(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Believes that the asylum systems of some frontline Member States are already clearly overburdened and that the Temporary Protection Directive should – under its own logic – have been triggered; calls, in any case, for a clear definition of ‘mass influx’ to be established upon revision of this directive; understands that such a revision of the Temporary Protection Directive can form part of the review of the Dublin system;
Amendment 643 #
2015/2095(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Emphasises that hosting Member States must offer recognised refugees support and opportunities to integrate and build a life in their new society and – as provided for in the Qualifications Directive12 – this should also include effective access to democratic structures in society; emphasises that integration is a two-way process and that respect for the values upon which the EU is built must be an integral part of the integration process; __________________ 12 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
Amendment 666 #
2015/2095(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Recalls that, under Article 15 of the Reception Conditions Directive, Member States are to determine the conditions for granting access to their labour markets for applicants for international protection, provided that such access is effective and is in accordance with the timeframe laid down in Paragraph 1 of that Article; stresses that access to labour market for asylum seekers and refugees is key to successful integration and for the refugees and asylum seekers to be able to support themselves rather than being dependent on subsidies; understands that, per Article 15(2) for reasons of labour market policies, Member States may give priority to Union citizens and nationals of states parties to the Agreement on the European Economic Area, and to legally resident third-country nationals;
Amendment 684 #
2015/2095(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Reaffirms that better recognition of adequate foreign qualifications is one practical way of ensuring that those third- country nationals already present in the Union can integrate better, and calls on the Commission to come forward with appropriate proposals in that regard;
Amendment 710 #
2015/2095(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Underlines that Member States should overcome any legal and practical obstacles to arrive at swiftercorresponding decisions on family reunification;
Amendment 717 #
2015/2095(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. RecommendObserves that, until such time as the Dublin Regulation has been fundamentally overhauled, it is important for Member States to make betterMember States can also make use of the discretionary clauses to respect the principle of family unity;
Amendment 837 #
2015/2095(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Re-emphasises how essential it is that, once Union legislation has been agreed upon and adopted, the Member States implement it. Calls therefore on the Member States to uphold their side of the bargain and fully implement thatEU legislation;
Amendment 842 #
2015/2095(INI)
Motion for a resolution
Paragraph 57
Paragraph 57
57. Notes further that it is impossible to properly to evaluate the advantages and drawbacks of certain elements of the CEAS owing to the fact that many Member States have not yet fully implemented the legislation and calls on the Commission to take this aspect into account while preparing the revision of Dublin;
Amendment 844 #
2015/2095(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Recommends that EASO be developed, in the long term, into a principal coordinator of the CEAS with a view to guaranteeing common application of the rules of that system; reiterates that, as the CEAS becomes genuinely European, EASO needs to develop from a collectiongroup of experts from Member States into a fully- fledged Union agency providing operational support to Member States and at the external borders; emphasises, in that regard, that it must be provided with the necessary funding and human resources in the short, medium and long term;
Amendment 859 #
2015/2095(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Notes the receCommends the important role of Frontex in rendering assistance to any vessel or person in distress at sea, and acknowledges its contribution, through the Triton and Poseidon joint operations, to the rescuing and saving of many lives in the Mediterranean; stresses that all Member States should provide logistical and human resources and participate to joint- operations;
Amendment 902 #
2015/2095(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Acceptstresses that the Union needs to strengthen its external border protection and further develop the CEAS, and that measures are necessary to enhance the capacity of the Schengen Area to address the new challenges facing Europe and preserve the fundamental principles of security and free movement of persons;
Amendment 922 #
2015/2095(INI)
Motion for a resolution
Paragraph 69
Paragraph 69
69. Takes notewelcomes that on 15 December 2015 the Commission came forward with a proposal for a targeted revision of the Schengen Borders Code, proposing to introduce systematic controls of all Union nationals (not only on third-country nationals) against the relevant databases at the external borders of the Schengen Area;
Amendment 930 #
2015/2095(INI)
Motion for a resolution
Paragraph 70
Paragraph 70
70. Recalls that, in the ‘hotspot approach’ set out by the Commission in its European Agenda on Migration, Frontex, EASO, Europol and Eurojust are to provide operational assistancend budgetary assistance, and assistance with the use of funds, to Member States in accordance with their respective mandates;
Amendment 946 #
2015/2095(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Calls for the set up of the hotspots to be set up as soon as possiblecompleted faster in order to give concrete operational assistance to those Member States in need;
Amendment 956 #
2015/2095(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the rights of all migrants; acknowledges, however, that proper identificfurther recognises the essential role of the hotspots to support Member States in the proper identification and registration of applicants for international protection at the point of first arrival in the Union should helpto facilitate the overall functioning of any reformed CEAS;
Amendment 960 #
2015/2095(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need; emphasises that great care needs to be taken to ensure that the examination of the motive for migration, identification and categorising of migrants at hotspots is carried out in full respect for the rights of all migrants; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEAS;
Amendment 988 #
2015/2095(INI)
Motion for a resolution
Paragraph 79
Paragraph 79
79. Recalls that, to ensure that criminal investigations are conducted effectively, intensive training of the practitioners who are to conduct them is essential, so that those involved fully understand the phenomenon they are seeking to tackle and know how to recognise them at an early stage;
Amendment 1007 #
2015/2095(INI)
Motion for a resolution
Paragraph 81 a (new)
Paragraph 81 a (new)
8a. Recommends a careful evaluation of readmission agreements in order, if appropriate, to be able to propose and initiate steps to optimise them;
Amendment 1038 #
2015/2095(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Recalls that the Union has intensified its external cooperation with third countries in migration and asylum in order to respond adequately to the current refugee crisis, and has launched new cooperation initiatives, such as the EU-Turkey Joint Action Plan; emphasises, in that respect, the need for all parties to fulfil their commitments deriving from the Joint Action Plan, including addressing the root causes leading to the massive influx of Syrians, stepping up cooperation for the support of Syrians under temporary protection and their host communities in Turkey, and for Turkey to fulfil its commitments to prevent irregular migration flows from its territory to the Union; considers that more cooperation and support is necessary for search and rescue operations in the Aegean sea, including between Greece and Turkey; Calls on the Commission and on the Member States to speed up the disbursement of 3 billion euros to support refugees in Turkey;
Amendment 1049 #
2015/2095(INI)
Motion for a resolution
Subheading 32
Subheading 32
Amendment 1075 #
2015/2095(INI)
Motion for a resolution
Paragraph 89 a (new)
Paragraph 89 a (new)
89a. Observes that the de-escalation of conflicts in areas affected by war or civil war may in some circumstances also have to be achieved by means of military action with allies in order to be able to combat war as a motive for flight effectively;
Amendment 1111 #
2015/2095(INI)
Motion for a resolution
Paragraph 94 a (new)
Paragraph 94 a (new)
94a. Deplores that the UNHCR appeal to increase funding has been ignored by Member States and that WFP had to reduce their nutrition ratio to 80% because of reductions of funds; calls on the Member States and the EU to increase funding to the UN agencies and their partner NGOs in third countries;
Amendment 1159 #
2015/2095(INI)
Motion for a resolution
Paragraph 104 a (new)
Paragraph 104 a (new)
104a. Recalls that decisions on the admission of refugees wishing to immigrate are a matter for the European Union and its Member States, a fact which should be taken into account in a possible future reform of the 'blue card';
Amendment 1184 #
2015/2095(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
110. Notes that even if the existing EU legislative framework regulating the access of third- country nationals to work in the Union is rather fragmented, as it focuses on specific categories of workers rather than on regulating, generally, all migrant workers; , it still provides a useful set of common rules for the admission of third country nationals in the EU for the purpose of work; calls therefore on the Member States to implement all existing legislation on legal migration to avoid fragmentation and ensure legal certainty,
Amendment 1197 #
2015/2095(INI)
Motion for a resolution
Paragraph 111
Paragraph 111
111. Takes the view that, in the long run, the Union will need to establish more general rules governing the entry and residence for those third-country nationals seeking employment in the Union to fill the gaps identified in the Union labour market; recalls that on the labour market the substantial potentials of older unemployed people and of women should be exploited as a priority;
Amendment 1240 #
2015/2095(INI)
Motion for a resolution
Paragraph 121
Paragraph 121
121. Believes, moreover, that it is clear that the directive should focus not just on the highly-qualified, but also on targeted high- qualification occupationsoccupations for which appropriate qualifications are needed (such as those of skilled workers, trained craftsmen, etc.) where there are proven labour shortages; believes, in addition, that the revision of the Blue Card should be both ambitious and targeted, and should seek to remove the inconsistencies of the existing directive, particularly as regards parallel national schemes; recommends that thought be given to revising the scope to include those third- country nationals who could help tackle the gaps identified in EU labour markets;
Amendment 227 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet plays a significant role in fuelling the radicalisation of European citizens, as it facilitates the rapid, large-scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on young people, who are particularly vulnerable; calls, in full awareness that the internet is only a medium of radicalisation, never its cause, for a dialogue to be launched at European level with the internet giants with a view to preventing the online distribution of hate messages and to eradicating them swiftly;
Amendment 256 #
2015/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Feels that the internet giants should be made aware of their responsibilities so that they delete illegal content or other content that incites hatred as quickly as possible; believes that the Member States should plan for the possibility of bringing criminal prosecutions against digital actors who do not take actionppropriate action as internet companies in response to the spread of illicit messages, other messages that incite hatred or messages praising terrorism on their internet platforms; believes that refusal or failure to cooperate on the part of internet platforms which allow such messages to circulate should be considered an act of complicity with praising terrorism and should consequently be punished, taking due account of the technical feasibility of responding thereto;
Amendment 285 #
2015/2063(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 395 #
2015/2063(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that it is vital to engage in dialogue with the various religious communities in order to help reach a better understanding of the phenomenon of radicalisation; draws the Member States’ attention to the issue of training religious leaders – which ought, where possible, to take place in Europe – in order to prevent preachers of hate from appearing in places of worship in Europe, and also of training prison chaplains, particularly when they are around prisoners deemed to be radicalised;
Amendment 403 #
2015/2063(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Draws positive attention to the example of certain Member States, which have acted against the problem of the funding of religious communities by third parties from outside the European Union by banning such foreign funding and recommends that this example be followed by Member States which have not yet taken such measures;
Amendment 502 #
2015/2063(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Believes that the sanction providing the most effective deterrent is the revocation of EU citizenship where it can be proved that the person in question has fought for a terrorist unit in an armed conflict; notes in this regard that certain Member States have entrenched such measures in their citizenship law and recommends that this example be followed by Member States which have not yet taken such measures;
Amendment 159 #
2015/2041(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Believes that representations of national, regional and local governments and their representative associations should not fall under the EU lobby register if they have their own mandatory lobby register and do not offer workspace for private or corporate actors within their representatiowhen acting in the public interest and accountable to elected politicians;
Amendment 114 #
2015/0269(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Certain persons have a legitimate interest in accessing firearms classified in category A, although exceptions to the rules must be granted on a strictly limited basis. Beneficiaries of exceptions could include, inter alia, cultural and historical bodies, armourers, proof houses, manufacturers, forensic scientists and, in certain cases, those involved in film production and individuals needing firearms for self-defence purposes.
Amendment 145 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weaponIt should be possible for Member States to choose to authorise natural and legal persons with an interest in the collection, study and conservation of firearms and associated artefacts for historical, cultural, traditional, scientific, technical, educational, aesthetic or heritage purposes and recognised as such by the Member State in whose territory they are established and holdingto keep in their possession and acquire firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and provided that those firearms have been deactivated. , provided that those persons demonstrate, prior to being granted authorisation, that they have taken the necessary measures to address any risks to public security or safety, including by way of secure storage. Authorisations of this kind should take into account the specific situation, including the nature of the collection and its purposes.
Amendment 189 #
2015/0269(COD)
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The acquisition and possession of firearms should only be permitted if, inter alia, there is good cause. Member States should have the option of stipulating that the acquisition and possession of firearms for the purpose, for example, of hunting, target shooting, use by associations which cultivate customs and traditions and by cultural and historical bodies, the conduct of various scientific and technical activities, testing procedures and the re- enactment of historical events, filmmaking or historical study constitutes good cause. They should not be required to do so, however.
Amendment 201 #
2015/0269(COD)
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) In the context of the cultivation of traditions, no restrictions may be imposed on the way in which customs are honoured or on the work of associations which ensure the continuity of popular culture.
Amendment 228 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Some semi-automatic firearms can be easily converted to automatic firearms, thus posing a threat to security. Even in the absence of conversion to category "A", certain semi-automatic firearms may be very dangerous wheThere is a risk that any firearms converted to firing blanks, irritants, other active substances or pyrotechnic ammunition can be converted back in such a way as to make them capable of firing live ammunition. Such firearms should therefore remain in their capacity regarding the number of rounds is high. Such semi-automatic weapons should therefore be banned for civiliantegories to which they were assigned prior to their conversion, except where cultural and historical devices are used.
Amendment 404 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 2
Article 1 – point 2
Directive 91/477/EEC
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall not apply to the acquisition or possession of weapons and ammunition, in accordance with national law, by the armed forces, the police, the public authoritiesnational defence forces, i.e. all troops and persons under their command, including the military, the police, or by collectors and bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established. Nor shall it apply to commercial transfers of weapons and ammunition of war.
Amendment 560 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Member States shall provide for standard medical testestablish a monitoring system including the possibility of appropriate medical checks, which may be on a continuous for issuing or renewing authorperiodic basis, for the acquisaitions as referred to in paragraph 1nd possession of firearms, and shall withdraw authorisations if any of the conditions on the basis of which it was granted isthe acquisition or possession was allowed are no longer met.
Amendment 601 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise bodieschoose to grant strictly limited authorisations to legal or natural persons dedicated to the gathering, study and concserned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired beforvation of firearms and associated artefacts for historical, cultural, tradition-related, scientific, technical, educational, aesthetic or heritage purposes and recognised as such by the Member State in whose territory they are established for firearms and ammunition classified in category A, provided that such persons demonstrate [the date of entry into force of this Directive] provided they have been deactivated in accordance with the provisions that implement Article 10(b). at measures are in place to address any risks to public security or public order and that the firearm or firearms concerned are stored with a level of security proportionate to the risks associated with unauthorised access to such firearms.
Amendment 36 #
2015/0125(NLE)
Proposal for a decision
Recital 5 a (new)
Recital 5 a (new)
(5a) Whereas at its meetings of 25 and 26 June 2015, the European Council decided, inter alia, that three key dimensions should be advanced in parallel: relocation/ resettlement, return/ readmission/ reintegration and cooperation with countries of origin and transit. Whereas the European Council agreed in particular, in the light of the current emergency situation and the commitment to reinforce solidarity and responsibility, on the temporary and exceptional relocation over two years from Italy and Greece to other Member States of 40 000 persons in clear need of international protection. Whereas Member States should agree on binding quota for the distribution of such persons, reflecting the specific situations of Member States.
Amendment 67 #
2015/0125(NLE)
Proposal for a decision
Recital 17 a (new)
Recital 17 a (new)
(17a) The measures foreseen in this Decision entail a temporary derogation from the provisions related to the required consent of applicants laid down in Article 7(2) of Regulation (EU) No 516/2014 of the European Parliament and of the Council establishing the Asylum, Migration and Integration Fund, Article 17(2) of Regulation (EU) No 604/2013 of the Dublin Regulation and Article 5 of the Regulation (EU) No 439/2010 of the European Parliament and of the Council on the establishment of the European Asylum Support Office (EASO).
Amendment 133 #
2015/0125(NLE)
Proposal for a decision
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Italy and Greece shall, at regular intervals during the period of application of this Decision, with the assistance of EASO and other relevant agencies, and, where applicable, of Member States' liaison officers referred to in paragraph 8, identify the individual applicants to be relocated to the other Member States and communicate to the contact points of those Member States and to EASO the number of applicants that can be relocated. Priority shall be given for that purpose to vulnerable applicants within the meaning of Articles 21 and 22 of Directive 2013/33/EU.
Amendment 138 #
2015/0125(NLE)
Proposal for a decision
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Applicants whose fingerprints are required to be taken pursuant to the obligations set out in Article 9 of Regulation (EU) No 603/2013 may only be proposed for relocatedion if their fingerprints have been taken and transmitted to the Central System of Eurodac, pursuant to that Regulation.
Amendment 152 #
2015/0125(NLE)
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Italy and Greece shall each, within one month of entry into force of this Decision, present a roadmap to the Commission which shall include adequate measures in the area of asylum, first reception and return, enhancing the capacity, quality and efficiency of their systems in these areas as well as measures to ensure appropriate implementation of this Decision. Special attention should be given to strict return policy. Italy and Greece shall fully implement this roadmap.
Amendment 52 #
2014/2255(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers it essential that the initiatives launched as part of EY 2012 be followed up and transformed into a strong political commitment followed by concrete action to ensure social inclusion and the well-being of all generations; and furthermore that European legislation be checked every year to ensure compliance with intergenerational justice and that this review be published in order to combat and prevent discrimination in all spheres of life of both younger and older people;
Amendment 92 #
2014/2255(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers it regrettable that older workers are still often exposed to age discrimination, stereotypes and barriers; calls on the Member States, therefore, to correctly implement Directive 2000/78/EC on equal treatment in employment and occupation; welcomes the European Commission push to adopt the long- awaited Equal Treatment Directive, blocked at the Council since 2008 and calls on the Member States to proceed with its adoption by the end of the year;
Amendment 100 #
2014/2255(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to study the worrying problem of unemployment among people over the age of 50 and, in conjunction with the Member States, to develop effective tools for reintegrating such workers into the labour market; consideration should be given in this connection above all to programmes such as ‘generational mentoring’, in which exchanges are encouraged between older experts and the younger generation at work and in training;
Amendment 102 #
2014/2255(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to study the worrying problem of unemployment among people over the age of 50 and, in conjunction with the Member States, to develop effective tools for reintegrating such workers into the labour market; in this connection, a bonus / malus system should be introduced for businesses in order to create incentives to hire more older workers or to keep them working for longer; as a matter of principle, older workers should not be treated less favourably than younger workers in vocational and continuing training;
Amendment 117 #
2014/2255(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the fact that active and healthy ageing is one of the European Social Fund’s investment priorities for the 2014-2020 programming period, as stated in Regulation 1304/2013; calls on the Member States to use the resources allocated effectively; calls on the Member States to use the resources allocated effectively; recalls that funding for projects to promote active ageing is also available under programmes such as the European Structural and Investment Funds, Horizon 2020, Employment and Social Innovation (EaSI) and the Health Programme, and calls, in line with the priorities of Horizon 2020, for a European research priority to be created entitled ‘Applied Health and Active-Aging Sciences’;
Amendment 121 #
2014/2255(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to improve the targeting of funds for active ageing, together with the effectiveness of funds absorption; further calls on the Commission to explore the feasibility and added value of a new European financial instrument to address the problem of reintegrating dismissed middle-aged workers; in order to ensure this in the long term, it is necessary to flatten the life earnings curve by raising the wages of younger and reducing the wages of older people with the same total lifetime earnings;
Amendment 129 #
2014/2255(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers it essential to support older people in living independently for as long as possible, and to develop and maintain people-oriented and demand-driven support and care services and to promote personal and individual responsibility for one’s own health, with a marked increase in the level of information on health care, national motivation campaigns and the introduction of a bonus system for complying with annual medical screening requirements;
Amendment 146 #
2014/2255(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Takes the view that older people should be a fully fledged part of society and that their participation in daily life should be supported; considers, furthermore, that a structured dialogue between young and elderly people should be actively encouraged; furthermore, the active political participation of representatives of the younger and older generations should be secured at all EU levels, wherever generation interests may be affected, on the Austrian model; i.e.: legal generation representatives with the rank of the social partners (the Austrian Council of Senior Citizens and Federal Youth Representation) with full mandatory inclusion in legislation with the right of legislative evaluation, as well as the right to make proposals and be heard;
Amendment 170 #
2014/2255(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission, the Council and the Member States to adopt a positive position at the UN Open-Ended Working Group on ageing to ensure older EU citizens can fully enjoy their human rights; invites the Commission to closely cooperate with the UN Independent Expert on the Rights of Older Persons and with older people's representative organisations in the EU;
Amendment 13 #
2014/2236(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas social support and health service providers, many of which are social enterprises, represents one of the key job growth areas in the EU, having created 1.3 million jobs between 2009 and 2013; demonstrating the sector's dual ability to both create new jobs even in times of crisis whilst also strengthening social and territorial cohesion in Europe; in particular by helping to bring service users into employment.
Amendment 40 #
2014/2236(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the social economy, and in particular training and placement enterprises, offer job opportunities especially for people who are furthest awaymost excluded from the labour market;
Amendment 54 #
2014/2236(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that social economy enterprises, which do not necessarily have to be non- profit organisations, are enterprises whose main purpose is to achieve their social objective, which may be to create jobs for vulnerable groups, provide services for their members, or more generally to create a positive social and environmental impact, over and above maximising profits for their members or partners, and which reinvest their profits primarily in order to achieve those objectives; points out that, despite legal disparities and the different activities carried out by social economy enterprises across the EU, they share a series of common recognisable features;
Amendment 59 #
2014/2236(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls for the EU consistently to implement all the measures set out in the 2012 Initiative for Social Entrepreneurship without delay. It should put forward a second stage of the Initiative as soon as possible which, in partnership with the Member States and local and regional authorities, civil society organisations and key players in the social economy, would broaden and deepen its scope.
Amendment 64 #
2014/2236(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Commission to act on the announcement of a pan-European legal framework for social enterprises by means of European statutes for cooperative societies, foundations and mutual societies and also to formulate such statutes for associations.
Amendment 68 #
2014/2236(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that social economy enterprises have a strong local and regional basis, which means that they are more aware of specific needs and able to offer products and services which match those needs, thus improving social and territorial cohesion; the cooperation of social enterprises across country and sector boundaries must be promoted to enable the exchange of knowledge and practices so that the growth of social enterprises in particular can be supported and the provision of relevant social services developed in countries where these are still insufficient.
Amendment 77 #
2014/2236(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Believes that social innovation makes a significant contribution towards laying the foundations for a type of growth which serves a more sustainable, inclusive society generating social cohesion; only if social innovation is aimed towards improving the quality of services more efficiently rather than simply at lowering costs to the detriment of the quality of the services.
Amendment 86 #
2014/2236(INI)
Motion for a resolution
Paragraph 5 – subparagraph 1 (new)
Paragraph 5 – subparagraph 1 (new)
Stresses the need for cooperation between all Member States in order to create the necessary framework conditions for a system of social innovation in all Member States, as the social economy alone cannot combat the symptoms and causes of the most pressing social problems.
Amendment 120 #
2014/2236(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets that social economy enterprises encounter even more difficulties in securing financing than traditional enterprises, whether through public or private channels;, and therefore calls for public authorities and financial service providers to develop a wide range of appropriate financial instruments which will effectively support social enterprises at all stages of their business development, particularly during their foundation, and to create a package of tailor-made legislative framework conditions entitled ‘Social Enterprises’ in order to bring together potential investors and specialised funds.
Amendment 121 #
2014/2236(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Points out that access to financing is hindered by the fact that financial intermediary managers have little knowledge of the actual situation for these enterprises; stresses the need to improve training for these managers with regard to social economy enterprises in order to facilitate their access to financing; and therefore calls for the introduction of a European trustmark for 'social entrepreneurship’ enabling investors to identify funds with a portfolio comprising social enterprises, primarily the European Fund for Social Entrepreneurship.
Amendment 133 #
2014/2236(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights the need to support social economy enterprises with sufficient financial resources at local, regional, national and EU level; and calls for the Member States and the EU to acknowledge the fact that the requisite funding must be made available; therefore considers it necessary to improve access to financing for the social economy through various forms of financing, such as European funds, risk capital funds, micro- credit and crowdfunding;
Amendment 140 #
2014/2236(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the European Commission to continue to promote the social investment approach as presented in the Social Investment Package; Calls for investment in the social economy to be taken into account when assessing European Strategic Investment Fund projects;
Amendment 170 #
2014/2236(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission and Member States to promote the creation of business incubators for social economy enterprises; and to implement and effectively promote the internet platform for data exchange between social investors and social entrepreneurs (the Social Innovation Europe Platform), details of which have been agreed upon.
Amendment 41 #
2014/2228(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that both parties should address data protection issues on the basis of their own laws and the competences laid down therein and that the TTIP should not therefore be seen as a means of resolving outstanding issues in this area; considers, therefore, that data protection issues, for example granting law enforcement authorities access to personal data for the purposes of combating terrorism and serious crime, should be dealt with outside the negotiations on the free trade agreement;
Amendment 51 #
2014/2222(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. whereas older workers are the most likely group to be long-term unemployed; whereas only half of the workers aged between 55 and 65 were working in 2012; whereas older people suffer more from the reduction of public expenditure in social and health services and in social benefit; whereas some categories of older people, such as people aged 80+, older women, older migrants or older members of ethnic minorities are especially at risk of falling into poverty;
Amendment 215 #
2014/2222(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Notes that decisive investment plans for growth and job creation can only be fully realised if they are coupled with national reforms that enhance quality labour participation, boost productivity and develop human capital in all age groups; points out that the decision of the European Parliament and of the Council on enhancing co-operation in the network of Public Employment Services (PES) is a key element for improving the labour markets; believes that structural labour market reforms should introduce internal flexibility measures aimed at maintaining employment in times of economic disruption, ensure job quality and security in employment transitions, and provide unemployment benefit schemes that are based on realistic activation requirements and linked to reintegration policies;
Amendment 247 #
2014/2222(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is concerned that the Commission’s strategy to regain competitiveness has been more focused on reducing costs than on raising productivity via investments in human capital; sStresses that more than 20 Member States have reduced their education expenditures in relative terms (as percentages of their GDPs), thereby jeopardising their growth, job potential and competitiveness;
Amendment 258 #
2014/2222(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Stresses the need to adequate working skills to markets needs and welcomes that the Commission emphasises vocational training, dual education and lifelong learning systems to reach that goal, involving public and private actors; points out that social partners must be involved in the assessment of the skills needs; calls Member States to consider lowering fiscal burden to enterprises, specially SME's, that establish a working contract with an higher degree worker, in cases where employers do not contract people according to their qualifications and skills;
Amendment 325 #
2014/2222(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that, according to the Commission, despite high unemployment rates there are 2 million job vacancies in the EU, and that only 30.3 % of the active population works in another Member State; recalls that divergences in labour mobility rates range up to 10 percentage points, notably in those Member States hardest hit by the crisis, can be overcome also using the tool of the EURES platform;
Amendment 364 #
2014/2222(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 381 #
2014/2222(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Welcomes the fact that the Joint Employment Report annexed to the AGS includes a scoreboard for employment and social policies; considers it regrettable, however, that these indicators are not sufficient and that they have not been made binding, which would allow them to be used more forcefully; asks the Commission to remedy this situationalls on the Commission to assess its scope and effectiveness;
Amendment 395 #
2014/2222(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 417 #
2014/2222(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Points out that emerging new forms of poverty – such as in-work poverty compounding difficulties such as e.g. paying mortgages, or high utility prices creating energy poverty – have resulted in an increase in the number of evictions, foreclosures and homeless people; calls on the Commission and the Member States to implement integrated policies favouring social and affordable housing, effective prevention policies aimed at reducing the number of evictions, and policies tackling energy poverty;
Amendment 432 #
2014/2222(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Reminds the Commission that in order to ensure both the sustainability and the adequacy of pensions, pension reforms need to be accompanied by policies that: develop employment opportunities for older workers; limit access to early retirement schemes and other early exit pathways; develop employment opportunities for older workers; guarantee access to life-long learning for both employed and unemployed people of all ages; enhance healthy ageing at the workplace, considering physical and psycho-social risks to health and safety; introduce tax benefit policies offering incentives to stay in work longer; and support active healthy ageing; stresses that pension reforms require national political and social cohesion, and should be negotiated with the social partners and representatives of younger and elder generations as the directly affected population groups in order to be successful;
Amendment 443 #
2014/2222(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. calls to foster, strengthen and develop effective health prevention measurements such as "lifetime healthy ageing", in order to increase life quality and at the same time to reduce costs of the national health systems for medical treatments and pharmaceutics in the late years;
Amendment 13 #
2014/2218(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas 1 887 petitions of which 1 070 petitions were inadmissible were closed in 2014, this is almost a 10% rise on the figure for 2013 where 1 723 petitions were closed;
Amendment 14 #
2014/2218(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas 817 petitions were declared admissible and could be closed in 2014, which is almost 7 % raise on the figure for 2013 where 677 were declared admissible and could be closed;
Amendment 15 #
2014/2218(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas these figures indicate that the revised administrative procedure by the Secretary-General of the European Parliament from 2014, have increased the efficiency of the work of the Committee of Petitions;
Amendment 30 #
2014/2218(INI)
Motion for a resolution
Recital G
Recital G
G. whereas each petition is carefully assessed and dealt with and each petitioner has the right to receive a reply within a reasonable period of timein the clear administrative procedure for petitions that were put in place by the Secretary- General of the European Parliament in 2014 and cover the whole lifecycle of a petition in the European Parliament and finally ensure to deliver realistic results in 9 months in written form to citizens instead of keeping false hopes by leaving petitions open for 2 and more years, as it was the case in the past;
Amendment 37 #
2014/2218(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas an additional criterion for the admissibility of petitions is whether the petitioner with the petition is directly affected; whereas, for this reason, Members of the European Parliament should refrain from submitting petitions for citizens and should instead make use of other parliamentary means.
Amendment 61 #
2014/2218(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the web portal of the Committee on Petitions was launched on 19 November 2014 to replace the Europarl site’s previous electronic platform for filing petitions; whereas this portal has been designed as an integrated solution covering the specific needs of the petition process and which gives EU citizens wishing to file a petition an Internet tool better suited to their needs; whereas the portal will help improve the service and its visibility for citizens and committee members, and will act as an electronic register (planned in Rule 216(4) of the Rules of Procedure) through which citizens may lend or withdraw their support for existing petitions and affix their electronic signature to their own petitions; whereas the new portal has been designed to make the petition procedure more transparent and interactive, and administrative aspects more efficient, in the interest of petitioners, Members and the general public; whereas there can be no question but that its launch in November 2014 has helped to promote EU citizenship; welcomes the launch of the web portal, that brought the Committee on Petitions even closer to the citizens and sensitized the citizens on the capacity and possibilities of the Committee on Petitions to help them to redress their situation; emphasises that the use of new information and communication technology shall be further on stimulated to bring the Committee work closer to citizens and also further lead to EU budget savings;
Amendment 63 #
2014/2218(INI)
Motion for a resolution
Recital N
Recital N
N. whereas the web portal of the Committee on Petitions was launched on 19 November 2014 to replace the Europarl site’s previous electronic platform for filing petitions; whereas this portal has been designed as an integrated solution covering the specific needs of the petition process and which gives EU citizens wishing to file a petition an Internet tool better suited to their needs; whereas the portal will help improve the service and its visibility for citizens and committee members, and will act as an electronic register (planned in Rule 216(4) of the Rules of Procedure) through which citizens may lend or withdraw their support for existing petitions and affix their electronic signature to their ownfile and keep track of petitions; whereas the new portal has been designed to make the petition procedure more transparent and interactive, and administrative aspects more efficient, in the interest of petitioners, Members and the general public; whereas there can be no question but that its launch in November 2014 has helped to promote EU citizenship;
Amendment 75 #
2014/2218(INI)
Motion for a resolution
Recital S
Recital S
S. whereas it should be noted that owing to the workload of the Committee on Petition, no fact-finding visits took place for petitions for which an inquiry was ongoing during 2014, but fact-finding visits have been scheduled for 2015remarks that in the future, fact-finding visits in conjunction with appropriate petitions will be carried out;
Amendment 81 #
2014/2218(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the fundamental role played by the Committee on Petitions in defending and promoting the rights of EU citizens and residents, ensuring that the concerns of petitioners are better recognised and their legitimate grievances are resolved wherever possible and within a reasonable timeframe;; points to the importance of complying with the administrative reform of the Secretary- General of the European Parliament of 2014, according to which admissible petitions requiring discussion should be discussed in the Committee within 9 months from the filing of the petition at the latest.
Amendment 106 #
2014/2218(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers it essential that cooperation with the parliaments and governments of Member States be strengthened and that Member State authorities be encouraged to be fully transparent in transposing and applying EU law; stresses the importance of collaboration with the Commission and the Member States and welcomes the presence of representatives of some Member States at meetingreiterates the call of the report on the activities of the Committee on Petitions 2013 (2014/2008 (INI)) for launching an enhanced structured dialogue with Member States namely by holding regular meetings with Members from national Committee on Petitions;
Amendment 111 #
2014/2218(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the EU Member States to legally standardise the obligation to create petition committees in national parliaments, which would increase the effectiveness of the cooperation between the Committee on Petitions and the national parliaments.
Amendment 113 #
2014/2218(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the growing importance of the Committee on Petitions in the European Parliament as a scrutiny committee, which should be a point of reference for the transposition and implementation of the European legislation on the administrative level in the Member states; reiterates the call of the report on the activities of the Committee on Petitions 2013 (2014/2008 (INI)) for more political debates during the plenary sessions and a more vivid communication on the petitions of European citizens;
Amendment 118 #
2014/2218(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores the fact that the Charter of Fundamental Rights has not been adopted in all the EU Member States and that many people have found its implementation to be unclear and, to some extent, disappointing; deplordetermines the strict way in which the Commission has interpreted Article 51 of the Charter of Fundamental Rights with its stipulation that the provisions of the Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law; recalls that the Commission has often said it is unable to act in the area of fundamental rights, when the Committee has so requested, citing Article 51 of the Charter; stresses the fact that the expectations of citizens are much greater than the Charter’s strictly legal provisions allow for; calls on the Commission to do more to meet citizens’ expectations and to find a new approach to the interpretation of Article 51;
Amendment 134 #
2014/2218(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes the concerns of petitioners regarding alleged cases of injustice that have occurred during the administrative and judicial procedures for separation or divorce of parents and issues relating to the custody of young children; notes in this context that in the case of bi-national couples, discrimination on grounds of nationality may occur in favour of the spouseparent from the Member State in which proceedings take place and against the non- national of that state, with severe and often very dramatic repercussions on the rights of the child; notes that the Committee on Petitions will conduct a fact-finding visit to the United Kingdom in 2015 to investigate complaints of this nature in situ; stresses that it has been notified of other cases involving other countries: Germany (notably in cases concerning the work of the Child and Youth Welfare Office), France and the Netherlands;
Amendment 135 #
2014/2218(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes the concerns of petitioners regarding alleged cases of injustice that have occurred during the administrative and judicial procedures for separation or divorce of parents and issues relating to the custody of young children; notes in this context that in the case of bi-national couples, discrimination on grounds of nationality may occur in favour of the spouse from the Member State in which proceedings take place and against the non- national of that state, with severe and often very dramatic repercussions on the rights of the child; notes that the Committee on Petitions will conduct a fact-finding visit to the United Kingdom in 2015 to investigate complaints of this nature in situ; stresses that it has been notified of other cases involving other countries: Germany (notably in cases concerning the work of the Child and Youth Welfare Office), France and, the Netherlands, Denmark and Norway;
Amendment 136 #
2014/2218(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes the concerns of petitioners regarding alleged cases of injustice that have occurred during the administrative and judicial procedures for separation or divorce of parents and issues relating to the custody of young children; notes in this context that in the case of bi-national couples, discrimination on grounds of nationality may occur in favour of the spouse from the Member State in which proceedings take place and against the non- national of that state, with severe and often very dramatic repercussions on the rights of the child; notes that the Committee on Petitions will conduct a fact-finding visit to the United Kingdom in 2015 to investigate complaints of this nature in situ; ;stresses that it has been notified of other cases involving other countries: Germany (notably in cases concerning the work of the Child and Youth Welfare Office), France and the Netherlands;
Amendment 138 #
2014/2218(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Welcomes the social dialogue ‘European Forum on the Rights of the Child’ annually organised at the Commission’s initiative since 2007, the aim of which consists in supporting children’s rights as part of internal and external EU measures. The participants of this dialogue are: Representatives of the EU Member States, children’s rights representatives, the Committee of the Regions, the European Economic and Social Committee, Europarat, UNICEF, NGOs.
Amendment 140 #
2014/2218(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the wide range of the subjects raised in the petitions filed by citizens, such as fundamental rights, the internal market, environmental law, public health issues, child welfare, transport, the disabled and animal rights; calls for further specialising the work of the Committee on Petitions by nominating internal rapporteurs on the major policies to which petitioners refer;
Amendment 162 #
2014/2218(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. AcknowledgEmphasises the important role of the SOLVIT network, which regularly uncovers and resolves problems linked to the implementation of internal market legislation; urges the Commission to upgrade this tool;
Amendment 169 #
2014/2218(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Attaches great importance to the presence and active cooperation of representatives of the Member States during meetings of the Committee on Petitions; welcomes the presence of representatives from the public authorities of the Member State concerned, their participation and their active cooperation, with particular reference to the representatives of certain Member States such as Greece, Italy and Spain; encourages other Member States to follow their example; encourages all Member States to actively participate in the petition process;
Amendment 34 #
2014/2215(INI)
Motion for a resolution
Recital K
Recital K
K. whereas the use of different uniforms alongside the Frontex emblem during the Frontex operations could makes it difficult for individuals to identify under whose authority an officer falls and, ultimately, where to file a complaint - whether with Frontex or directly with the Member State concerned;
Amendment 36 #
2014/2215(INI)
Motion for a resolution
Recital L
Recital L
L. whereas under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States or their officials; whereas the principle of subsidiarity should be respected within a request to FRONTEX to set up a Follow-up mechanism for complaints within the Member States' responsibility;
Amendment 38 #
2014/2215(INI)
Motion for a resolution
Recital M
Recital M
M. whereas Frontex has already established an incident reporting system which involves the Frontex operations teamdivision, the Frontex legal teamunit and the Frontex Fundamental Rights Officer, with the ultimate decision being taken by the Frontex Executive Director; whereas this system only involves internal complaints received from Frontex staff and guest officers, and consequently does not cater for direct complaints by individuals who claim a breach of their fundamental rights;
Amendment 40 #
2014/2215(INI)
Motion for a resolution
Recital N
Recital N
N. whereas individual complaints mechanisms already exist at European level within the structures of the European Investment Bank, the European Agency for Fundamental Rights and the European Network of Ombudsmen; whereas it is noted that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 50 #
2014/2215(INI)
Motion for a resolution
Subheading 1 a (new)
Subheading 1 a (new)
1. Acknowledges and appreciates FRONTEX' extraordinary support of the Member States at the EU's external borders in coordinating the mass influx of migrants during the current migration crisis; welcomes the engagement of FRONTEX to further support the Member States by contributing to the newly installed hotspots and by better coordinating return decisions;
Amendment 53 #
2014/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Special Report of the European Ombudsman in the framework of the own-initiative inquiry concerning Frontex; supports Frontex’'s efforts in taking on board 12 of the Ombudsman’s recommendations's 13 recommendations and notes that Frontex did not categorically refuse to implement the recommendation on the complaints mechanism; acknowledges Frontex’'s current fundamental rights safeguards in the form of, but not limited to, the setting- up of an incident reporting system as well as devising codes of conduct, creating a Consultative Forum on fundamental rights and establishing a Fundamental Rights Office;
Amendment 57 #
2014/2215(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. SupportNotes the recommendation by the European Ombudsman that Frontex should deal with individual, non-anonymous complaints regarding infringements of fundamental rights in in the course of its operations and should provide adequate administrative support for that purpose; calls on Frontex to set up an appropriathe complaints mechanism;
Amendment 59 #
2014/2215(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that an individual non- anonymous complaint should require, as a formal prerequisite, that the person who intends to issue the complaint is registered in the EURODAC system according to Regulation (EU) No 603/2013.
Amendment 63 #
2014/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in view of the ever- growing humanitarian and legal challenges at the EU’'s external borders, Frontex is in need of might require a mechanism that is capable of processing individual, non-anonymous complaints about alleged breaches of fundamental rights occurring in the course of its operations, thus becoming a first-instance body for complaints;
Amendment 69 #
2014/2215(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the setting-up of a mechanism for individual complaints would provide individuals with an opportunity to exercise their right to an more effective remedy; suggests that the introduction of such a complaints mechanism would increase transparency, since Frontex and the EU institutions would be more aware of possible violations of fundamental rights that wcould otherwise remain undetected, unreported and unresolved;
Amendment 74 #
2014/2215(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. StressNotes that under the Frontex regulation there arppears to be no legal obstacles to the introduction of an individual complaints mechanism; notes that the lack of such a mechanism is non-would be compliant with the principle of good administration and undermineswould add to the effective implementation of the Agency’'s fundamental rights strategy; believes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding the Agency’'s role under EU law, in particular its participation in Migration Management Support Teams working in ‘'hotspot’' areas;
Amendment 81 #
2014/2215(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that the coordinating role of Frontex should not limit its responsibility under international and EU law; rRecalls that all Union agencies are bound by the provisions of the Charter of Fundamental Rights;
Amendment 86 #
2014/2215(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Takes the view there is a legitimate expectation on the part of all to believe that the actions of those involved in Frontex operations are attributable to Frontex and more generally to the EU; stresses that the complex legal relations and the distinct yet shared responsibilities between Frontex and the Member States should not undermine the safeguarding of fundamental rights; notes that being a central point for individual complaints does not make Frontex responsible for every complaint received; stresses that under Article 3(1a) of the Frontex regulation the Agency does not possess executive powers in the Member States and has no authority to sanction Member States and their officials; believes that due consideration should therefore be given to the competences of Frontex and those of the EU Member States;
Amendment 88 #
2014/2215(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. StressNotes the need for an official central structure within Frontex for the processing of individual complaints; notes that such a mechanism can only be realised under the condition that Frontex is provided with the necessary staff and budgetary resources; recommends that the office of the Frontex Fundamental Rights Officer should play a crucial role in handling complaints; considers that, in particular, the office should check the admissibility of complaints, filter them, pass them on to the authorities responsible, and follow up on them thoroughly; recalls that Frontex can only cooperate with Member States on the follow-up of complaints falling under the Member States' authority, but does not have executive powers in the Member States and no authority to sanction Member States and their officials;
Amendment 106 #
2014/2215(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Acknowledges that safeguards are needed to prevent misuse of the complaints mechanism; recommends, therefore, that anonymous complaints should not be accepted; suggests further that only complaintsncrete and founded complaints which are based on a direct violation of concrete of the fundamental rights violationas protected by the EU Charter of fundamental rights should be admitted; considers that this should not prevent Frontex from taking account of other information sources on alleged fundamental rights violations, including general reports, beyond the complaints procedure; emphasises the need for clear criteria for the admissibility of complaints; recommends the provision of a standardised form for complaints requiring detailed information such as date and place of the incident, since this would facilitate decisions on admissibility;
Amendment 127 #
2014/2215(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Acknowledges that potential complaints may in manycertain cases refer to the conduct of guest officers who fall under the particular authority of a Member State but wear the Frontex emblem;
Amendment 137 #
2014/2215(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recommends that the office of the Fundamental Rights Officer transfers a complaint against a guest officer via a well-defined referral system to the competent national authority; considers it cruciauseful to involve national ombudsmen or any other relevant bodies competent for fundamental rights that have the responsibility to investigate national authorities and officials, whereas the Fundamental Rights Officer does not have the right to do so;
Amendment 140 #
2014/2215(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Takes the view that the Fundamental Rights Officer shcould, in relevant cases and in close cooperation with the relevant Frontex operational teamdivision, contribute to investigations by national authorities by providing further information on the incident if necessary;
Amendment 142 #
2014/2215(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that Frontex should closely follow up on complaints by formally requesting feedback from the respective Member State and, if necessary, by sending a letter of warning recalling the possible action which Frontex can take if no follow up to the letter concerned is received; rRecalls that Frontex has the right to receive information on fundamental rights violations by guest officers in the context of its obligation to monitor respect for fundamental rights in all of its activities;
Amendment 145 #
2014/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recommends that a justificationFrontex should be provided to the complainant should no follow-up procedure be initiated by Frontexwith the contact details of the responsible national authority;
Amendment 148 #
2014/2215(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls that the Frontex Disciplinary Procedure may also apply to seconded guest officers and seconded national experts if the relevant Member State agreesfinds it to be the best solution; recalls that Frontex may request the Member State to immediately remove the guest officer or seconded national expert concerned from the Frontex activity if the Member State does not allow the disciplinary procedure to take place, and, if necessary, to remove the person from the pool of guest officers;
Amendment 158 #
2014/2215(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that the possibilityno prejudice in terms of withdrawing financial support from the Member States for joint operations as well as the suspension and ultimately the termination of an operation in case of serious and persistent fundamental rights violations should be explored, without prejudiceultimately the termination of an operation should come by this mechanism to the overall aim of the Frontex mission whereby the saving of lives is envisaged;
Amendment 167 #
2014/2215(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that an individual complaints mechanism can only be effective if potential complainants, as well as the officers taking part in Frontex operations, are made aware of the individuals’' right to complain through an effective information campaign; believes it should be possible for the number of potential inadmissible complaints to be limited substantially through such an information campaign and a well- structured admissibility check of the complaints;
Amendment 175 #
2014/2215(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Takes note that an individual complaints mechanism should be both efficient and cost-effective; calls on Frontex to provide the necessary resourcesthe Member States and the European Commission to provide Frontex with the necessary additional resources to be allocated to the Fundamental Rights Office for handling the complaints received;
Amendment 183 #
2014/2215(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the readiness of the European Ombudsman, the members of the European Network of Ombudsmen with competence on fundamental rights and the Frontex Consultative Forum to support Frontex in setting up and implementing an individual complaints mechanism; calls on Frontex to follow where appropriate the good practice of other European bodies, such as the European Investment Bank, in close cooperation with the European Ombudsman while keeping in mind that Frontex is an operational agency which differs in nature to the abovementioned bodies;
Amendment 77 #
2014/2150(INI)
Motion for a resolution
Subheading 2
Subheading 2
Amendment 80 #
2014/2150(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Observes that only by means of greater transparency can the functioning of the EU be rendered more efficient, thus also enhancing civil society’s confidence in the EU;
Amendment 82 #
2014/2150(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes in this connection the Commission’s affirmatdetermination to render the functioning of the European Institutions more transparent, inter alia by publishing drafts of delegated acts and establishing online platforms (‘Lighten the Load - Have Your Say’ and ‘REFIT Platform’) on which both civil society and its stakeholder organisations can be involved more effectively in the decision-making process; agrees furthermore with the Commission that dialogue with citizens, social partners and other economic and civil society stakeholders contributes to ensuringmore transparent, effective and coherent EU legislation;
Amendment 137 #
2014/2150(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. UNotes that between 2007 and 2014, according to information from the Commission, there were only about twenty Parliament in-house impact assessments - compared with 700 at the Commission - in connection with changes to Commission proposals; urges Parliament’s specialist committees to make more consistent use of in-house impact assessment instruments, particularly where substantial changes to the original Commission proposal are being envisaged;
Amendment 38 #
2014/2059(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the fact that the focus of the 2014 country-specific recommendations (CSRs) has shifted from solely boosting fiscal consolidation to strengthening the conditions for sustainable growth and employment; recalls that within the current Stability and Growth Pact (SGP) there are still margins intended to facilitate economic growth in the EU, and that differences in the Member States’ economic and social situations need to be taken into account; calls for greater flexibility margins in order to boost job crean uninterrupted continuation of consolidation; takes the view, however, that some of the structural reforms promoted by the Commission – especially labour reforms, wage devaluation, pension reforms, etc. – may result in the same contractionary effects on the economy or on internal demand as the excessive austerity conducted up to now; calls on the Commission, therefore, to assess the economic and social impact of such policies before recommending themo reduce the budgetary deficit of the EU Member States as means to guarantee consolidation while ensuring growth will have to be established, considering an adequate social compatibility of measurements; calls for greater flexibility margins in order to boost job creation;
Amendment 63 #
2014/2059(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s use of the new employment and social scoreboard for this year’s CSRs; considers it regrettable, however, that these indicators have not been made binding in view of the current employment and social alls on the Commission and Membergency; calls on the Commission, therefore, to put them on an equal footing with macroeconomic indicators, and to include additional indicators – such as child poverty levels, access to healthcare, homelessness, and a decent work index – in the scoreboard in order to allow more effective analysis of Member States’ employment and social concerns States to strengthen the awareness for implementing CSRs in the European economy;
Amendment 174 #
2014/2059(INI)
Draft opinion
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls for obligatory bench-learning of EU Member States policy especially as regards European labour market policy, which means implementation of binding monitoring and recording of best practice models and methods in Europe focusing on the reduction of unemployment rates, primarily of youth unemployment, which shall result in mandatory bench-marking and ranking of all national examples, leading to concrete political consequences to be drawn from these findings by all EU Member States;
Amendment 212 #
2014/2059(INI)
Draft opinion
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Observes with concern that employees aged 40+ often no longer have appropriate training and further education on their job; calls therefore on employers, social partners and national governments to execute true life-long learning (LLL) concepts and measurements on the labour market to achieve marked improvements in qualification of elder workers as soon as possible;
Amendment 18 #
2014/2008(INI)
Motion for a resolution
Recital N
Recital N
N. whereas in this same context, the Petitions Committee has been working in conjunction with the relevant services of the European Parliament to develop a new multi-lingual web-portal which replaces the former, more limited, electronic facility for petition submission contained on the Europarl web-site; and whereas the new portal is designed to increase administrative efficiency while enhancing the transparency and interactivity of the petitions process for the benefit of petitioners and members of the European Parliament as well as for the public at large;
Amendment 31 #
2014/2008(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Observes the variety of thematic key areas concerned in the citizens’ petitions, such as fundamental rights, internal market, environmental law, public health issues, child welfare, transport and constructions, Spanish Coastal Law, new Regulation on good administration, persons with disabilities, age discrimination, public access to documents, European Schools, Fiscal Union, and the Steel Industry and many more;
Amendment 58 #
2014/2008(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Points out that this final non-legislative resolution could bring forward new suggestions to make the Committee work more substantial inside the House by raising its profile as a scrutiny Committee; invites the newly elected Petitions Committee to nominate internal Annual Rapporteurs on the major policies, which are of concern of European petitioners, and to enhance cooperation with other parliamentary committees by systematically inviting their members (e.g. via e-mail) to those debates in PETI which concern their respective field of legislative competence; invites the other parliamentary committees to involve the Petitions Committee more as an opinion giving committee on implementation reports and other instruments to monitor the correct transposition and implementation of the European legislation in the Member States; stresses the importance, also in view of the ever- increasing amount of petitions received and their related undertakings, of enjoying a de-neutralised status in the Parliament's committee portfolio; invites the Plenary Session of the European Parliament to dedicate more time to debates on the petitions of the European citizens and the work of the Petitions Committees;
Amendment 59 #
2014/2008(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Highlights the need to reinforce the Petitions Committee collaboration with the other EU Institutions and bodies, and the national authorities in the Member States; considers its importance to enhance structured dialogue and systematic cooperation with Member States especially with the National Parliaments' Petitions Committees; creating such a partnership will allow best exchange of experience and practices, e.g. by holding regular meetings with the chairs of all national Petitions Committees; creating such a partnership will allow best exchange of experience and practices, a more systemic and efficient practice of petitions’ referral to the competent level and body and ultimately will bring the European Parliament closer to the European citizens' concerns; welcomes the establishment in Ireland of the Oireachtas Joint Committee on Investigation, Oversight and Petitions, and the useful links it has established with the European Parliament in the course of this year in order to bring about an even better service to citizens; notes that parliaments in other member states are currently considering creating petitions committees or similar bodies, or that some have other processes for dealing with petitions;
Amendment 65 #
2014/2008(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls upon MEPs in the Petitions Committee to adopt final internal rules to ensure maximum efficiency and openness in the work of the Committee and to make proposals to revise accordingly the Rules of Procedure of the European Parliament in order to consolidate their continuous attempts during the whole seventh legislature to improve working methods; calls on the Petitions Committee to adopt clear deadlines in the process of petitions in order to speed up the petitions life-cycle in the European Parliament and make the whole process even more transparent and democratic; underlines that this could put in place a defined lifecycle of the petition from registration until their final closure in the European Parliament, similarly to the existing deadlines for the work in process on legislative and non-legislative files; considers that these deadlines should establish an alert mechanism which automatically draws members’ attention on petitions where there has not been any action nor correspondence for a considerable amount of time, in order to avoid old petitions staying open over years without substantial reason; recalls that fact-finding visits are one of the key investigative instruments of the Petitions Committee, therefore an urgent revision of the relevant rules is needed, in order to enable the newly elected Members to carry out efficient visits and report swiftly back to the petitioners and the Committee on their findings and recommendations.
Amendment 67 #
2014/2008(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Notes the growing number of petitions in the course of the legislative period and remains highly concerned that delays and response times are still too long throughout the registration phase and the admissibility phase in the process; calls for providing the Petitions Committee Secretariat with additional juridical experts and administrative support, to issue recommendations related to whether the petition lies within the competence of European law; considers that these recommendations along with petitions summaries need to be provided to members only in English first and then be translated in all official languages only when being published, in order to further speed up the first decisions on admissibility; expects that the launch of the new petitions web-portal will diminish the number of questionable submissions which are occasionally registered as petitions;
Amendment 166 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3a – paragraph 2
Article 3a – paragraph 2
2. Member States shall ensureprovide that companies have the right to know the identity of the shareholders and that, on the request of the company, the intermediary communicates without undue delay to the company the name and contact details of the shareholders, the number of shares they hold and of the attached the voting rights, and, where the shareholders are legal persons, their unique identifier where available. Where there is more than one intermediary in a holding chain, the request of the company and the identity and contact details of the shareholders shall be transmitted between intermediaries without undue delay.
Amendment 174 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3a – paragraph 3
Article 3a – paragraph 3
3. Shareholders shall be duly informed by their intermediary that their name and contact details maywhen information concerning them pursuant to paragraph 2 has been transmitted for the purpose of identification in accordance with this article. This information may only be used for the purpose of facilitation of the exercise of the rights of the shareholder. The company and the intermediary shall ensure that natural and legal persons are able to rectify or erase any incomplete or inaccurate data and shall not conserve the information relating to the shareholder for longer than 243 months after receiving itthe shareholder has relinquished ownership of the shares.
Amendment 198 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3c – paragraph 2
Article 3c – paragraph 2
2. Member States shall ensure that companies confirm the votes cast in general meetings by or on behalf of shareholders, provided the voting takes place electronically or in some other technically traceable form in respect of the individual vote and provided the shareholder desires such confirmation. In case the intermediary casts the vote, it shall transmit the voting confirmation to the shareholder. Where there is more than one intermediary in the holding chain the confirmation shall be transmitted between intermediaries without undue delay.
Amendment 277 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3i – paragraph 1
Article 3i – paragraph 1
1. Member States shall ensure that proxy advisors adopt and implement adequate measures to guarantee that their voting recommendations are accurate and reliable, based on a thorough analysis of all the information that is available to them. The Member States shall ensure that proxy advisors prepare their voting recommendations taking into account national or European market, legal, regulatory and company-specific conditions and explain how they take these factors into account in their voting recommendations. The Member States shall ensure that proxy advisors, where they intend to a recommend voting against a proposed resolution on an agenda item at a general meeting, notify the company thereof without undue delay. Within three days of notification the company may inform the proxy advisor of the reasons underlying the resolution. Where the company sends the proxy advisor its reasons in writing, the proxy advisor shall refer to those reasons in its voting recommendation to shareholders, even if it still recommends voting against.
Amendment 282 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3i – paragraph 2 – subparagraph 1 – point c
Article 3i – paragraph 2 – subparagraph 1 – point c
(c) whether and, if so, how they take national market, legal and, regulatory and company-specific conditions into account;
Amendment 285 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2007/36/EC
Article 3i – paragraph 2 – subparagraph 1 – point d
Article 3i – paragraph 2 – subparagraph 1 – point d
(d) wthether they have nature and extent of their dialogues with the companies which are the object of their voting recommendations, and, if so, the extent and nature thereof;
Amendment 300 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9a – paragraph 1 – subparagraph 1
Article 9a – paragraph 1 – subparagraph 1
1. Member States shall ensure that shareholders have the right to vote on the remuneration policy as regards directors. Companies shall only pay remuneration to their directors in accordance with a remuneration policy that has been approved by shareholderscompanies draw up a remuneration policy for corporate governance. This policy shall ensure that shareholders have the right to vote on the remuneration policy as regards directors. The result of the vote at the general meeting shall be recommendatory in nature. The policy shall be submitted for approval by the shareholders at least every three years.
Amendment 313 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9a – paragraph 1 – subparagraph 2
Article 9a – paragraph 1 – subparagraph 2
Amendment 362 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9a – paragraph 4
Article 9a – paragraph 4
4. Member States shall ensure that after approval by the shareholdersthe vote referred to in paragraph 1 the policy is made public without delay and available on the company's website at least as long as it is applicable.
Amendment 367 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9b – paragraph 1 – introductory words
Article 9b – paragraph 1 – introductory words
1. Member States shall ensure that the company draws up a clear and understandable remuneration report, providing a comprehensive overview of the remuneration, including all benefits in whatever form, granted to individual directors, including to newly recruited and former directors, in the last financial year. It shall, where applicable, contain all of the following elements:
Amendment 407 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9c – paragraph 1 – subparagraph 1
Article 9c – paragraph 1 – subparagraph 1
1. Member States shall ensure that companies, in case of significant transactions with related parties that represent more than 1% of their assets, publicly announce such transactions at the time of the conclusion of the transaction, and accompany the announcement by a report from an independent third party assessing whether or not it is on market terms and confirming that the transaction is fair and reasonable from the perspective of the shareholders, including minority shareholder, publicly announce such transactions. The announcement shall contain information on the nature of the related party relationship, the name of the related party, and the amount of the transaction and any other information necessary to assess the transaction.
Amendment 417 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9c – paragraph 1 – subparagraph 2
Article 9c – paragraph 1 – subparagraph 2
Amendment 427 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9c – paragraph 2 – subparagraph 1
Article 9c – paragraph 2 – subparagraph 1
2. Member States shall ensure that significant transactions with related parties arepresenting more than 5% of the companies’ assets or transactions which can have a significant impact on profits or turnover are submitted to a vote by the shareholders in a general meeting. Where the related party transaction involves a shareholder, confirmed by shareholders or an administrative or other supervisory body of the company. The intention is to prevent related parties from gaining an advantage from a special position and to provide proper protection for the minority of thise shareholder shall be excluded from that vote. The company shall not conclude the transaction before the shareholders’ approval of the transaction. The company may however conclude the transaction under the condition of shareholder approvals. In the event of a conflict of interests, the shareholder or member of the administrative or other supervisory body shall be excluded from the corresponding vote.
Amendment 435 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9c – paragraph 2 – subparagraph 2
Article 9c – paragraph 2 – subparagraph 2
Amendment 445 #
2014/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2007/36/EC
Article 9c – paragraph 3
Article 9c – paragraph 3
Amendment 457 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9c – paragraph 4
Article 9c – paragraph 4
4. Member States may exclude transactions entered into between the company and one or more members of its group from the requirements in paragraphs 1, 2 and 3, provided that those members of the group The requirements in paragraphs 1, 2 and 3 shall not apply to the following transactions: (a) normal business activities and transactions based on standard market conditions; (b) transactions entered into between the company and its subsidiaries or between undertakings in the same group, in so far as national law provides adequate protection for the interests of the minority of shareholders of a subsidiary company. Member States may establish exemptions from the requirements in paragraphs 1, 2 and 3 for clearly defined types of transactions for which national law provides adequate protection for the interests of the minority of share wholly owned by theders of a subsidiary company.
Amendment 89 #
2014/0094(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) It should also ensure that under certain conditions multiple-entry visas are issued in order to lessen the administrative burden of Member States’ consulates and to facilitate smooth travel for frequent or regular travellers. Applicants known to the consulate for their integrity and reliability should as far as possible benefit from a simplified procedure. A list of the third countries which can take advantage of these facilities should therefore be drawn up. For the purpose of establishing which third countries should be placed on this list, such criteria as illegal immigration, public policy and security, cooperation with regard to repatriation agreements or the European Union’s relations with the third country in question should be applied to make a case-by-case assessment.
Amendment 105 #
2014/0094(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) It is necessary to set out rules on the transit through international areas of airports in order to combat irregular immigration. To this end a common list of third countries the nationals of which should be required to hold airport transit visas should be established . Nevertheless, when a Member State experiences a sudden and substantial influx of irregular immigrants or a threat to public policy or internal security, it should be be able to introduce temporarily the airport transit visa requirement for nationals of a given third country . The conditions and procedures for doing so should be laid down, in order to ensure that the application of this measure is limited in time and that in accordance with the principle of proportionality, it does not go beyond what is necessary in order to achieve the objective. The scope of the airport transit visa requirement should be limited to responding to the specific situation that prompted the introduction of the measure.
Amendment 115 #
2014/0094(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Applicants should not be required to present travel medical insurance when lodging an application for a short stay visa because it is an disproportionate burden for visa applicants and there is no evidence that holders of short stay visas present a bigger risk In order to avoid payments by applicants for travel medical insurance despite of a possible rejection of the visa application, Member States should also accept travel medical insurance contracts which include a clause under private law requiring terms of public medical expenditure in Member Stateshe insured to pay the premium only when the condition thant the visa exempted third country nationalsis granted has been met.
Amendment 117 #
2014/0094(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Professional, cultural and sports associations which are of recognised integrity and reliability, as well as accredited commercial intermediaries should be allowed to lodge applications on behalf of visa applicants.
Amendment 119 #
2014/0094(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Multiple entry visas with a long validity should be issued according to objectively determined criteria. The validity of a multiple entry visa couldannot under any circumstances go beyond the validity of the travel document in which it is affixed.
Amendment 120 #
2014/0094(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The application form should take account of the roll out of the VIS. Member States should to the extent possible allow for visa application forms to be completed and submitted electronically and should accept facsimile or copies of supporting documents. Original documents should only be required in specific caseHowever, it should always be possible for Member States to require original documents.
Amendment 124 #
2014/0094(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) The issuing of visas at the external border should, in principle, remain exceptional. However, to allow Member States to promote short term tourism, theyIn exceptional cases – for example in connection with major sporting events or other events of international significance – it should be authorisedpossible to issue visas at the external border based on a temporary scheme and upon notification and publication of the organisational modalities of the scheme. Such schemes should be temporary in nature and the validity of the visa issued should be limitfor limited periods. In order to enable immigration and border controls to be carried out as smoothly as possible at the external borders during the aforementioned periods, Member States should provide for prior on-line registration for visas to be issued ato the exterritory of the issuing Member Statenal border.
Amendment 129 #
2014/0094(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) It is necessary to make provision for situations in which a Member State decides to cooperate with an external service provider for the collection of applications. Such arrangements should be established in compliance with the general principles for issuing visas and with the data protection requirements set out in Directive 95/46/ECcooperation should at the minimum be possible if, because of the circumstances or situation on the ground, other solutions would offer applicants a less well developed range of services. Such arrangements should be established in compliance with the general principles for issuing visas and with the data protection requirements set out in Directive 95/46/EC. Where a Member State has decided to cooperate with an external service provider, it should maintain the possibility for all applicants to lodge applications directly at its diplomatic missions or consular posts except where security considerations do not allow for such a possibility.
Amendment 141 #
2014/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. 'close relatives' means the spouse, children, parents, or persons exercising parental authority, grandparents and grandchildren;
Amendment 147 #
2014/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. 'VIS registered regular traveller' means a visa applicant who is a national of a third country listed in Annex XY, who is registered in the Visa Information System and who has obtained twoand lawfully used three visas within the 128 months prior to the application. The Commission shall be empowered to adopt delegated acts in accordance with Article 48 establishing or amending the list in Annex XY;
Amendment 153 #
2014/0094(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Where there is a sudden and substantial influx of irregular immigrants or where it is appropriate to do so on grounds of public policy or internal security, a Member State may require nationals of third countries other than those referred to in paragraph 1 to hold an airport transit visa when passing through the international transit areas of airports situated on its territory. The duration of such a measure shall not exceed 12 months. The scope and duration of the airport transit visa requirement shall not exceed what is strictly necessary to respond to the sudden and substantial influx of irregular immigrants.
Amendment 155 #
2014/0094(COD)
Proposal for a regulation
Article 3 – paragraph 4 – point a
Article 3 – paragraph 4 – point a
(a) the reason for the planned airport transit visa requirement, substwith explanatiatons regarding the sudden and substantial influx of irregular immigrants or the situation as regards public policy or internal security;
Amendment 159 #
2014/0094(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Member State may prolong the application of the airport transit visa requirement only oncetwice, for 12 months on each occasion, where the lifting of the requirement would lead to a substantial influx of irregular migrants or would have an impact on public policy or internal security. Paragraph 3 shall apply to such prolongation.
Amendment 162 #
2014/0094(COD)
Proposal for a regulation
Article 3 – paragraph 8 – point d
Article 3 – paragraph 8 – point d
Amendment 172 #
2014/0094(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Third-country nationals who have lost their travel document, or from whom this document has been stolen, while staying in the territory of a Member State, may leave that territory on the basis of a valid travel document entitling them to cross the border issued by a consulate of their country of nationality and on production of the notification of theft or loss without any visa or other authorisation.
Amendment 173 #
2014/0094(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where the third-country national, referred to in paragraph 2, intends to continue travelling in the Schengen area, the authorities in the Member State where he declares the loss or theft of his travel document, shall issue a visa with a duration of validity and period of allowed stay identical to the original visa on the basis of the data registered in the VIS and on production of the notification of theft or loss.
Amendment 176 #
2014/0094(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Applications may be lodged six months before and no later than 15 calendar days before the start of the intended visit, with the proviso that, in justified individual cases, the consulate may waive the latter time limit.
Amendment 179 #
2014/0094(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The consulate shall allow to lodge the application either without prior appointment or with an immediate appointment as soon as possible to close relatives of Union citizens who:
Amendment 182 #
2014/0094(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 185 #
2014/0094(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. In justified cases of urgency, the consulate shallmay allow applicants to lodge their applications either without appointment, or an immediate appointment shall be given as soon as possible.
Amendment 187 #
2014/0094(COD)
Proposal for a regulation
Article 8 – paragraph 6 – point c
Article 8 – paragraph 6 – point c
(c) an educational institution which is of recognised integrity and reliability or a similarly recognised professional, cultural, or sports or educational association or instituassociation.
Amendment 189 #
2014/0094(COD)
Proposal for a regulation
Article 8 – paragraph 7
Article 8 – paragraph 7
7. AIf possible, an applicant shall not be required to appear in person at more than one location in order to lodge an application.
Amendment 196 #
2014/0094(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. If possible, VIS registered applicants shall not be required to appear in person when lodging an application, where their fingerprints have been entered into the VIS less than 59 months before. In justified cases, the consulate may require a personal appearance by the applicant.
Amendment 199 #
2014/0094(COD)
Proposal for a regulation
Article 9 – paragraph 3 – point f a (new)
Article 9 – paragraph 3 – point f a (new)
(fa) demonstrate that he is in possession of an appropriate and valid travel medical insurance policy pursuant to Article 13a.
Amendment 201 #
2014/0094(COD)
Proposal for a regulation
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) that least one official language(s) of the host country.
Amendment 214 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Points (b), (c) and (d) of paragraph 1 do not apply to applicants who are VIS registered regular travellers and who have lawfully used the two previously obtained visas. In justified cases the consulate may nonetheless require the submission of the documents and information referred to in points (b), (c) and (d) of paragraph 1.
Amendment 215 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 222 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. ThA non-exhaustive list of supporting documents which may be requested from the applicant in order to verify the fulfilment of the conditions listed in paragraph 1 is set out in Annex II.
Amendment 226 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The consulate shall start processing the visa application on the basis of facsimile or copies of the supporting documents. Applicants who are not yet registered in the VIS shall provide the original. The consulate may ask for original documents from applicants who are VIS registered applicants or VIS registered regular travellers, only where there is doubt about the authenticity of a specific documentstating reasons.
Amendment 230 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 10
Article 13 – paragraph 10
Amendment 231 #
2014/0094(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Travel medical insurance 1. Applicants for a uniform visa for one or more entries shall prove that they are in possession of adequate and valid travel medical insurance to cover any expenses which might arise in connection with repatriation for medical reasons or in the event of death, urgent medical attention and/or emergency hospital treatment, during their stay(s) on the territory of the Member States. 2. Applicants for a uniform visa for more than two entries (‘multiple entries’) shall prove that they are in possession of adequate and valid travel medical insurance covering the period of their first intended visit. In addition, such applicants shall sign the statement, set out in the application form, declaring that they are aware of the need to be in possession of travel medical insurance for subsequent stays. 3. The insurance shall be valid throughout the territory of the Member States and cover the entire period of the person’s intended stay or transit. The minimum coverage shall be EUR 30 000. When a visa with limited territorial validity covering the territory of more than one Member State is issued, the insurance cover shall be valid at least in the Member States concerned. 4. Applicants shall, in principle, take out the insurance in their country of residence. Where this is not possible, they shall seek to obtain insurance in any other country. When another person takes out insurance in the name of the applicant, the conditions set out in paragraph 3 shall apply. 5. When assessing whether the insurance cover is adequate, consulates shall ascertain whether claims against the insurance company would be recoverable in a Member State. 6. The insurance requirement may be considered to have been met where it is established that an adequate level of insurance may be presumed in the light of the applicant’s professional situation. The exemption from presenting proof of travel medical insurance may concern particular professional groups, such as seafarers, who are already covered by travel medical insurance as a result of their professional activities. 7. Holders of diplomatic passports shall be exempt from the requirement to hold travel medical insurance.
Amendment 234 #
2014/0094(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Applicants shall pay a visa fee of EUR 690.
Amendment 241 #
2014/0094(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point e
Article 14 – paragraph 3 – point e
(e) participantrepresentatives of non-profit organisations aged 25 years or less participating in seminars, conferences, sports, cultural or educational events organised by non-profit organisations;
Amendment 244 #
2014/0094(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point g
Article 14 – paragraph 3 – point g
Amendment 253 #
2014/0094(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) the application contains the items referred to in Article 9(3)(a) to (c) and (fa),
Amendment 255 #
2014/0094(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
Amendment 264 #
2014/0094(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In the examination of an application for a uniform visa lodged by a VIS registered regular traveller who has lawfully used the two previously obtained visas, it shall be presumed that the applicant fulfils the entry conditions regarding the risk of irregular immigration, a risk to the security of the Member States, and the possession of sufficient means of subsistence.
Amendment 266 #
2014/0094(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The presumption referred to in paragraph 2 shall not apply where the consulate has reasonable doubts about the fulfilment of these entry conditions based on information stored in the VIS, (such as decisions annulling a previous visa), or in the passport, (such as entry and exit stamps) or in the SIS or on the basis of other evidence. In such cases, the consulates may carry out an interview and request additional documents.
Amendment 279 #
2014/0094(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Applications shall be decided on within 105 calendar days of the date of the lodging of an application which is admissible in accordance with Article 17.
Amendment 287 #
2014/0094(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Applications of close relatives of the Union citizens referred to in Article 8(3) and of family members of Union citizens as referred to in Article 3(1) of Directive 2004/38/EC shall be decided on within 510 calendar days of the date of the lodging of an application. That period may be extended by up to a maximum of 10 calendar days in individual cases, notably when further scrutiny of the application is needed.
Amendment 289 #
2014/0094(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 291 #
2014/0094(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
A visa may be issued for one or multiple entries. The period of validity of a multiple entry visa shall not exceed five years. The period of validity of a multiple entry visa may not under any circumstances extend beyond the period of validity of the passport to which the visa is affixed.
Amendment 295 #
2014/0094(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. VIS registered regular travellers who have lawfully used the two previously obtained visas shallmay be issued a multiple entry visa valid for at least three years.
Amendment 299 #
2014/0094(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Applicants referred to in paragraph 3 who have lawfully used the multiple entry visa valid for three years shallmay be issued a multiple entry visa valid for five years provided that the application is lodged no later than one year from the expiry date of the multiple entry visa valid for three years.
Amendment 300 #
2014/0094(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. A multiple-entry visa valid for up to 5 years may be issued to an applicant who proves the need or justifies the intention to travel frequently and/or regularly provided that the applicant proves his integrity and reliability, in particular the lawful use of previous uniform visas or visas with limited territorial validity, his economic situation in the country of origin and his genuine intention to leave the territory of the Member States before the expiry of the visa for which he has applied and the applicant shows that he is compelled, particularly for professional reasons, to travel frequently and/or regularly or shows that he has such an intention, which is the case, for example, for businesspeople or state officials who regularly travel on official business in the European Union Member States or to the European Union Institutions.
Amendment 337 #
2014/0094(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In view of promoting short term tourismexceptional cases, a Member State may decide to temporarily issue visas at the external border to persons fulfilling the conditions set out in Article 32 (1) (a) and (c).
Amendment 339 #
2014/0094(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The duration of such a scheme shall be limited to 52 months in any calendar year and the categories of beneficiaries shall be clearly defined.
Amendment 340 #
2014/0094(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
Amendment 341 #
2014/0094(COD)
Proposal for a regulation
Article 33 – paragraph 4 a (new)
Article 33 – paragraph 4 a (new)
4a. Member States shall make it possible for visa applicants to register on line in advance in accordance with this article.
Amendment 291 #
2014/0091(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Action is needed to further develop complementary private retirement savings such as occupational pensions. This is important since social-security systems are coming under increasing pressure, which means that citizens will increasingly rely on occupational retirement pensions as a complement in the future. Occupational retirement pensions should be developed, without, however, calling into question the importance of social-security pension systems in terms of secure, durable and effective social protection, which should guarantee a decent standard of living in old age and should therefore be at the centre of the objective of strengthening the European social model. Regrettably, suggestions that Solvency II regimes (such as the holistic balance sheet model) might be applied to institutions for occupational retirement provision have created legal uncertainty and an unpredictable context for planning and therefore hampered the further development and expansion of those institutions. Priority must be assigned to creating legal certainty, reinforcing successful models of institutions for occupational retirement provision and protecting their continued existence.
Amendment 336 #
2014/0091(COD)
Proposal for a directive
Recital 20
Recital 20
(20) Institutions for occupational retirement provision are not financial service providers whichbut provide collective social welfare benefits. Under social- partner management and supervision, they bear a heavy responsibility for the provision of occupational retirement benefits and therefore should meet certain minimum prudential standards with respect to their activities and conditions of operation, taking due account of national rules and traditions.
Amendment 344 #
2014/0091(COD)
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Institutions for occupational retirement provision are often subject to joint management and monitoring by the social partners. This collective organisation makes them fundamentally different from financial service providers.
Amendment 427 #
2014/0091(COD)
Proposal for a directive
Recital 57
Recital 57
(57) In order to ensure the smooth functioning of the internal market for occupational retirement provision organised on a European scale, the Commission should, after consulting EIOPA, review and report on the application of this Directive and should submit that report to the European Parliament and to the Council foursix years after the entry into force of this Directive. That review should assess in particular the application of the rules regarding the calculation of the technical provisions, the funding of technical provisions, regulatory own funds, solvency margins, investment rules and any other aspect relating to the financial solvency situation of the institution.
Amendment 431 #
2014/0091(COD)
Proposal for a directive
Recital 59
Recital 59
Amendment 446 #
2014/0091(COD)
Proposal for a directive
Article 6 – paragraph 1 – point a – introductory part
Article 6 – paragraph 1 – point a – introductory part
(a) ‘institution for occupational retirement provision’, or ‘institution’, means an institution, irrespective of its legal form, operating on a funded basis, which is not a financial service provider and is established separately from any sponsoring undertaking or trade for the purpose of providing retirement benefits in the context of an occupational activity on the basis of an agreement or a contract agreed:
Amendment 488 #
2014/0091(COD)
Proposal for a directive
Article 13 – paragraph 8
Article 13 – paragraph 8
8. After the transfer is completed, the receiving institution shall be subject to the rules of the Member State in which it is registered or authorised. Where the receiving institution carries out a cross- border activity, Article 12(8) and (9) shall apply.
Amendment 542 #
2014/0091(COD)
Proposal for a directive
Article 20 – paragraph 6 – subparagraph 2 – point a
Article 20 – paragraph 6 – subparagraph 2 – point a
(a) investing up to 70 % of the assets covering the technical provisions or of the whole portfolio for schemes in which the members bear the investment risks in shares, negotiable securities treated as shares and corporate bonds admitted to trading on regulated markets, or through multilateral trading facilities or organised trading facilities, and deciding on the relative weight of these securities in their investment portfolio. However, provided that it is prudentially justified, Member States may apply a lower limit to institutions which provide retirement products with a long- term interest rate guarantee, bear the investment risk and themselves provide for the guarantee;
Amendment 596 #
2014/0091(COD)
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
Member States shall require, appropriately to their size, internal organisation and the nature, scope and complexity of their activities, institutions, as part of their risk- management system, to carry out their own risk assessment and to produce a risk evaluation for pensions in order to document that assessment. No quantitative capital requirements (for example Solvency II or holistic balance sheet models derived therefrom) may be imposed, as they could jeopardise the survival of successful collective occupational pension schemes by giving rise to high costs.
Amendment 607 #
2014/0091(COD)
Proposal for a directive
Article 30
Article 30
Amendment 608 #
2014/0091(COD)
Proposal for a directive
Article 30
Article 30
Amendment 611 #
2014/0091(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Amendment 613 #
2014/0091(COD)
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 631 #
2014/0091(COD)
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
(1) Depending on the nature of the pension scheme established, and after careful consideration of the administrative burden involved and of the benefits to be secured, Member States shall ensure that every institution located in their territories provides prospective members, members and beneficiaries at least the information set out in Articles 39 to 53 and Articles 55 to 58.
Amendment 645 #
2014/0091(COD)
Proposal for a directive
Article 42
Article 42
Amendment 646 #
2014/0091(COD)
Proposal for a directive
Article 42
Article 42
Amendment 684 #
Amendment 703 #
Amendment 725 #
2014/0091(COD)
Proposal for a directive
Article 75 – paragraph 1
Article 75 – paragraph 1
Amendment 735 #
2014/0091(COD)
Proposal for a directive
Article 78 – paragraph 1 – subparagraph 1
Article 78 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 6(c), (i) to (p), Article 12(4) second and third subparagraph, Article 12(10), Article 13, Article 20(6) and (8), Articles 21 to 30, Article 33, Article 35(1) and (2), Article 35(4) to (7), Article 36 to 38, Articles 39(1) and (3), Articles 40 to 53, Articles 55 to 57, Article 58(1), Articles 59 to 61, Article 63, Article 64(1)(b) to (d) and (f), Articles 65 to 71 of this Directive by 31 December 2016...*[OJ please insert date: 24 months after the entry into force of this Directive]. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 736 #
2014/0091(COD)
Proposal for a directive
Article 79 – paragraph 1
Article 79 – paragraph 1
Directive 2003/41/EC, as amended by the Directives listed in Annex I, Part A, is repealed with effect from 1 January 2017...*[OJ please insert date: 24 months after the entry into force of this Directive] without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex I, Part B.
Amendment 226 #
2014/0002(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In accordance with their respective roles and responsibilities, all organisations participating in the EURES network promote actively, in close cooperation and through the appropriate involvement of the social partners at relevant level, the opportunities labour mobility in the Union offers and seek to enhance ways and means for workers and employers to seize these opportunities at local, regional, national and European level.
Amendment 363 #
2014/0002(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. For the purposes of the system referred to in paragraph 1, Member States shall draw up the requirements and criteria for authorising EURES Members. Those requirements and criteria shall be at least as stringent as those set out in this Regulation and the Annex.
Amendment 367 #
2014/0002(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1 b. On the basis of the system referred to in paragraph 1, employment services may apply to become EURES Members. As EURES Members, they shall participate in the EURES network by dealing with job vacancies in accordance with Article 14(1)(a), job applications and CVs in accordance with Article 14(1)(b), and support services in accordance with Chapter IV. As EURES Members, they shall perform those tasks in full and across the board, on a national or regional basis.
Amendment 368 #
2014/0002(COD)
Proposal for a regulation
Article 8 – paragraph 1 c (new)
Article 8 – paragraph 1 c (new)
1 c. Where the requirements and criteria governing authorisation as a EURES Member, as laid down in paragraphs 1a and 1b, are met, the Member State may decide whether or not the employment service in question is to be authorised to be a EURES Member.
Amendment 371 #
2014/0002(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States inform the European Coordination Office about their national systems put in place and the EURES PartnMembers they authorised to participate in the EURES network accordingly.
Amendment 396 #
2014/0002(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Authorisation of public employment services as EURES Members Member States shall designate their public employment services to be EURES Members and shall inform the European Coordination Office thereof. By virtue of that designation public employment services shall enjoy a special status in the EURES network. Member States shall ensure that, in their role as EURES Members, the public employment services comply with this Regulation and the criteria set out in the Annex to this Regulation.
Amendment 397 #
2014/0002(COD)
Proposal for a regulation
Article 8 b (new)
Article 8 b (new)
Article 8 b Authorisation of EURES Partners In the context of the authorisation of EURES Partners as participants in the EURES network and the monitoring of their activities and of compliance with national and Union law, Article 8(1) shall apply mutatis mutandis. Where the criteria laid down in the Annex and the requirement for performing the task in accordance with Article 9 are met, Member States may decide whether or not to authorise the applicant organisations to be EURES Partners. Member States shall inform the European Coordination Office of such authorisations.
Amendment 446 #
2014/0002(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The National Coordination Offices collaborate with the services and networks referred to in paragraph 1 at Union, national, regional and local level to achieve synergies and avoid overlaps, and, where appropriate, involve EURES Members and EURES Partners.
Amendment 515 #
2014/0002(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The public employment serviceEURES Members shall ensure that workers using their services, by making available job applications and/or CV’s with them, can choose to have those employment services assist those workers with their registration on the EURES portal, using the national hub referred to in Article 15(5).
Amendment 522 #
2014/0002(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The public employment serviceEURES Members shall set up a similar mechanism to facilitate the registration as employer on the EURES portal for those employers which use their services to publish job vacancies at national level either directly through their job search portals or via other platforms supported by the Member States.
Amendment 580 #
2014/0002(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point f
Article 20 – paragraph 2 – point f
(f) where appropriate, to refer to another EURES Member or EURES Partner.
Amendment 604 #
2014/0002(COD)
Proposal for a regulation
Article 21 – paragraph 1 – point g
Article 21 – paragraph 1 – point g
(g) where appropriate, to refer to another EURES Member or EURES Partner.
Amendment 606 #
2014/0002(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. If employers are interested in further assistance and there is a reasonable likelihood of an intra-EU recruitment, the EURES Members or the EURES Partners concerned provide further assistance, consisting of such services as the pre- selection of suitable candidates and assistance with providing translations and/or obtaining clarifications on specific job applications.
Amendment 608 #
2014/0002(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Upon recruitment of a worker from another Member State as a result of the services provided in accordance with this Article, the EURES Members or the EURES Partners concerned provide the employer concerned with the contact details of organisations which can offer assistance with the integration of newly recruited workers from other Member States.
Amendment 616 #
2014/0002(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The EURES Members or EURES Partners concerned shall provide, upon request of workers and employers, general information on post- recruitment assistance and about where to obtain post-recruitment assistance such as training on intercultural communication, language courses and support with integration.
Amendment 676 #
2014/0002(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) placement and recruitment resulting from EURES activity, on the basis of the number of vacancies, job applications, CV's handled and processed by EURES staff and, where available, the number of workers recruited in another Member State accordingly;
Amendment 694 #
2014/0002(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The delegation of power referred to in Articles 8 and 29 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation or from any other date set by the legislator.
Amendment 696 #
2014/0002(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The delegation of power referred to in Articles 8 and 29 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 698 #
2014/0002(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. A delegated act adopted pursuant to Articles 8 and 29 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
Amendment 8 #
2013/2277(INI)
Draft opinion
Recital A
Recital A
A. whereas the economic adjustment programme measures in Greece (May 2010 and March 2012), Ireland (December 2010), Portugal (May 2011) and Cyprus (June 2013) have had a direct and indirect impact on employment levels and dire consequences for the social situationreduction of macroeconomic imbalances, which had accumulated over a long period in Greece, Ireland, Portugal and Cyprus have had a direct and indirect impact on employment levels and dire consequences for the social situation; whereas the consequences would have been much worse without the solidarity of the euro area countries and the international community; whereas, although all the programmes were formally signed by the Commissionuncil and the governments of the concerned countries, they were designed, and their conditionality determined, jointly by the IMF, the Eurogroup, the European Central Bank (ECB) and the Commission, the Commission and the national governments requesting financial support;
Amendment 25 #
2013/2277(INI)
Draft opinion
Recital H
Recital H
H. whereas the available data show that in four countries the progress made towards achieving the Europe 2020 targets iwas rapidly declining (see Annex 1), whereas the major economic indicators are now pointing upwards, but not yet the social indicators;
Amendment 35 #
2013/2277(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the EU institutions (the ECB, the Commisresponsible for taking final decisions andre the Eurogroup) are fully co-responsible for the conditions imposed under the economic adjustment programmes, and therefore for their social consequences, the IMF and the Member State concerned, notes that these decisions were based on the expertise of the IMF, the Commission and the ECB;
Amendment 41 #
2013/2277(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Deplores the fact that Parliament has been completely marginalised during all phases of the project: the preparatory phase, the development of mandates and the monitoring of the results achieved by the programmes and related measures; regrets that the whole procedure couldn't be based on the Treaty for lack of legal basis and an inter-governmental approach had therefore to be chosen, thus giving no role to Parliament;
Amendment 66 #
2013/2277(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the adjustment policies and structural reforms in the four countries have led toe dramatic unemployment rates, historically high rates of job losses and worsening working conditions; points out that the consequences for activity rates, in particular as regards the sustainability of social protection and pension systems, are even more serious because the gap between the Europe 2020 targets and reality is rapidly growing ever wider;
Amendment 2 #
2013/2186(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to the Commission Communication of 27 October08 May 20103 entitled ‘Report on EU Citizenship Report 2013: your rights, your future’ COM(2013)0269,
Amendment 3 #
2013/2186(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the results of the Commission’s public consultation on EU citizenship, held from 09 May to 27 September 2012,
Amendment 6 #
2013/2186(INI)
Motion for a resolution
Citation 7
Citation 7
– having regard to Articles 9, 10 and 11 of the Treaty on European Union,
Amendment 9 #
2013/2186(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines the importance of the organised civil society (NGOs and NPOs in the fields of culture and sports, churches, etc.) in strengthening an active European citizenship, e.g. by involving their members in debates on EU issues that they are directly concerned with or by engaging their members in charity and volunteering activities abroad; considers it therefore crucial to further facilitate the trans-border work of these organisations in reducing bureaucratic burdens and providing adequate funding;
Amendment 11 #
2013/2186(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Urges member states to give more space to political education on EU affairs in their school curricula; considers that teachers play a vital role for bringing EU affairs into schools and encourages member states therefore to equip them with the know-how and resources they need to live up to this role;
Amendment 14 #
2013/2186(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas free movement of people is one of the key elements of EU citizenship and the functioning of the internal market; whereas according to a Flash Eurobarometer from February 2013 more than two thirds of respondents agree that free movement of people within the EU brings overall benefits to the economy of their own country;
Amendment 29 #
2013/2186(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission Communication (COM(2013)6030269) announcing new actions in six areas aimed at strengthening citizens’ rights;
Amendment 31 #
2013/2186(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the fact that a large majority of the 25 measures, announced in the Commission’s EU Citizenship Report 2010, has in the meantime been completed by the Commission and other EU institutions;
Amendment 37 #
2013/2186(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Encourages Member States to give more space to political education on EU affairs, inter alia on EU citizens’ rights, in their school curricula and to adapt teachers’ training accordingly; considers that Member States should promote school visits to EU institutions in their educational systems;
Amendment 40 #
2013/2186(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the vital role played by the Member States in correctly implementing European legislation; believes that enhanced cooperation with local and national authorities can be an efficient means of informally resolving problems; in this respect, applauds the Commission’s intention of supporting from 2013 on, via its town twinning scheme in the Europe for Citizens programme, exchanges of best practice between municipalities and projects aimed at enhancing knowledge about and correct implementation of citizens’ rights; believes that a practical toolkit on EU citizens’ rights tailored for local and regional administration would further improve correct implementation;
Amendment 54 #
2013/2186(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to regularly monitor the way in which the administrative formalities related to entry and residence are processed in the Member Statesof EU citizens and their relatives are processed in the Member States and calls on the Member States not to encumber these formalities with excessive bureaucracy not required under EU law;
Amendment 67 #
2013/2186(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Member StEuropean political parties and their national affiliates to organise transparent publicelectoral campaigns ahead of the European elections 2014 and effectively tackle the problem of falling voter participation rates; calls on all Union institutions, bodies, offices and agencies to further improve transparency and make access to documents easy and user- friendly, as this enable citizens to participate more closely in the decision- making processonsiders the nomination of Europe wide candidates for Commission president by European political parties an important step towards building a genuine European public space, but is convinced that the prospect of a Europeanization of the electoral campaign can only be achieved through pan-European activities and networks of local and national media, especially public ones in the fields of radio, TV and the internet;
Amendment 69 #
2013/2186(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on all Union institutions, bodies, offices and agencies to further improve transparency and make access to documents easy and user-friendly, as this enable citizens to participate more closely in the decision-making process;
Amendment 70 #
2013/2186(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Welcomes the recent adoption of the two main EU programmes funding activities in the field of EU citizenship from 2014 to 2020, the Rights and Citizenship and the Europe for Citizens programmes; considers it highly regrettable that especially the financial envelope for the latter, which supports projects on active European citizenship, has been drastically cut by Member States’ governments as compared to the period 2007-2013;
Amendment 73 #
2013/2186(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses its serious concern about petitions revealing the delicatelegal situation of certain residents who, due to their status, cannot entirely benefit from their rights to free movement or from full voting rights in local elections; calls on the European Commission and Member States concerned to facilitate the regularisation of the status of such cases;
Amendment 76 #
2013/2186(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Is deeply concerned about the obstacles citizens still face when exercising their individual rights in the Internal Market and believes that the current economic insecurity in Europe also needs to be tackled by removing these obstacles; welcomes therefore the new initiatives announced by the Commission to strengthen citizens in their role as consumers and workers across Europe; highlights the importance to address above all the difficult situation of young people in the crisis by developing a quality framework to protect trainees’ rights as well as by improving the exchange of information about traineeship and apprenticeship opportunities in other EU countries through the EURES network;
Amendment 7 #
2013/2182(INI)
Motion for a resolution
Recital C
Recital C
C. whereas high unemployment levels coincide with a significant number of vacancies in Europe that cannot be filled, pointing to a marked skills gap that could best be overcome through dual vocational training models;
Amendment 31 #
2013/2182(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that OER create opportunities for education and training institutions, teachers, students and, pupils and older learners to teach and learn in innovative ways; calls on educational institutions to create an organisational environment in which such innovation is welcomed;
Amendment 35 #
2013/2182(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights the advantages of inter- generational learning and points to the great educational potential offered by digital learning and open educational resources, also as regards wider access to education and training for all age groups;
Amendment 78 #
2013/2182(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the urgent need for all learners to have the fastest and best possible technical equipment, as well as vital access to broadband Internet;
Amendment 85 #
2013/2182(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls the crucial importance of high-quality training for teachers and trainers that needs to be complemented with mandatory career-long professional training with a focus on innovative teaching methods and instructing learners about approaches to education (‘learning how to learn’);
Amendment 86 #
2013/2182(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Emphasises, in particular, the proven benefits of mandatory European experience abroad for teachers and trainers, e.g. through the Erasmus+ programme, and calls for a massive expansion of these programmes;
Amendment 108 #
2013/2182(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses the importance of access to education and training for all learners, including all age groups, as well as those with disabilities, those from disadvantaged backgrounds and those from geographically remote regions;
Amendment 113 #
2013/2182(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses the growing importance of adult education, particularly in the context of lifelong vocational training, and calls for Europe-wide recognition, strengthening and promotion of all adult education organisations;
Amendment 120 #
2013/2182(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Member States to promote cooperation and synergies in the field of lifelong learning, in particular to make it as easy as possible to access learning and to adapt and modernise the curricula of educational institutions to the rapidly developing potential and possibilities of digital learning and open educational resources, in order to address the new challenges of the contemporary world as effectively as possible;
Amendment 31 #
2013/2176(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is concerned at the cost, complexity and time involved in establishing a business in some parts of Europe; believes that if the EU is to regain competitiveness, Member States must work to simplify and speed up this process and to offer adequate assistance and support arrangements;
Amendment 43 #
2013/2176(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that in order to create a hospitable environment for job creation, Member States must, with support from the EU institutions, address the following factors: skills, entrepreneurship, demographics, market access, cutting administrative costs, finance and the labour market;
Amendment 86 #
2013/2176(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Notes the link between current demographic change and the growing potential for social businesses in the green and white sectors, along with new entrepreneurial opportunities, particularly for young people; calls on Member States, as a matter of urgency, to develop strategies for making the corresponding career profiles in the social economy more attractive to young people;
Amendment 146 #
2013/2176(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underscores the importance of dual education and training systems, combining practice-based education in vocational schools with learning in the workplace, which have proved the most effective means of smoothing the transition from school to labour market; notes that such systems are underpinned by cooperation between workers’ and employers’ representatives and that this has proved highly successful and effective;
Amendment 147 #
2013/2176(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Notes the importance of workplace flexisecurity, on the one hand giving workers a fair degree of security and, on the other, allowing economic operators to react in a flexible way to changes in the market;
Amendment 148 #
2013/2176(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Sees the introduction of ‘youth coaches’ in employment agencies as an important step towards further reducing the numbers of young people who fail to make the transition from education to the labour market;
Amendment 4 #
2013/2173(INI)
Draft opinion
Recital A
Recital A
A. whereas population ageing, incentives – which still unfortunately exist – for early retirement, the financial crisis and changes in production patterns require strong responses to enable older workers to remain active in the labour market;
Amendment 13 #
2013/2173(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas the lifelong learning measures promoted by the ESF are on the whole well suited to keeping people in employment (e.g. by employability training or retraining);
Amendment 25 #
2013/2173(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for a tracking system whereby providers can monitor the progress of individual participants, enabling evaluation to take place at regular intervals so that strengths and weaknesses can be judged and improvements made;
Amendment 26 #
2013/2173(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls for measures to target not just employability but also progress in terms of skills (including ‘soft’ skills), higher self- esteem and greater motivation; notes that imparting life skills and providing informal training can make a major contribution in this respect;
Amendment 27 #
2013/2173(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the Member States to provide a broad range of activities enabling participants to make an individual choice; notes that the availability of choices forms an important part of the employment and reintegration process;
Amendment 29 #
2013/2173(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for all barriers that hamper active aging and life-long learning opportunities to be monitored and removed. and for these benefits to become a regular feature of working life; calls for such measures to be constantly monitored, evaluated and improved;
Amendment 31 #
2013/2173(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls, in the new operational programmes, for a more uniform approach to the choice of target groups and use of labour market data, in order to set ambitious but realistic targets; notes, given the future importance of the growing cohort of older workers, that preparations for the operational programmes should also include a dialogue on the prioritisation of target groups.
Amendment 147 #
2013/2158(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Believes that structural labour market reforms should introduce internal flexibility in order to maintain employment in times of economic disruption, and should ensure job quality, security in employment transitions, the provision of unemployment benefit schemes that are based on activation requirements and linked to reintegration policies which maintain work incentives while ensuring a decent income, and the establishment of contractual arrangements which combat labour market segmentation, anticipate economic restructuring and ensure access to lifelong learning; believes that only a balance of flexicurity can assure a competitive labour market;
Amendment 155 #
2013/2158(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Stresses the importance of Erasmus+ and the significant contribution the European Programme for Education, Training, Youth, Sport and Languages can make to improve the labour market situation, especially that of young people;
Amendment 156 #
2013/2158(INI)
Motion for a resolution
Paragraph 35 b (new)
Paragraph 35 b (new)
35 b. Stresses the importance of the enhanced cooperation between Public Employment Services (PES) in order to develop and implement european wide evidence-based benchlearning systems and to implement european labour market initiatives;
Amendment 169 #
2013/2158(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. CallsWelcomes the proposal onf the European Commission to propose a qualityfor a framework for traineeships, comprising, inter alia, criteria for proper remuneration, learning outcomes, working conditions and health and safety standards; cregrets the lack of call for adequate payment and fair remuneration. Calls on the Commission, the Member States and the European social partners to implement the Alliance for Apprenticeships in an ambitious manner;
Amendment 173 #
2013/2158(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Stresses the importance of Dual education system as practised in some Member States; believes that dual education can be implemented in many more Member States, under consideration of national characteristics;
Amendment 211 #
2013/2158(INI)
Motion for a resolution
Paragraph 56 a (new)
Paragraph 56 a (new)
56 a. Believes, that an introduced Bonus- Malus Systems creates a WIN-WIN- Situation for all parties involved;
Amendment 220 #
2013/2158(INI)
Motion for a resolution
Paragraph 59 a (new)
Paragraph 59 a (new)
59 a. Stresses the European Commission to face the importance of carers - both to care provision as well as to the economy and society as a whole - their interests are rarely considered in policies that impact on them in a consistent and across-the board manner;
Amendment 221 #
2013/2158(INI)
Motion for a resolution
Paragraph 59 b (new)
Paragraph 59 b (new)
59 b. Believes, that EU funding could contribute to capacity building of carers in relation to provision of support (e.g. emotional support, exchanges, and information) and advocacy. It could also support exchange of information, research and networking; legislative measures could be explored - while respecting national competence and principle of solidarity - e.g. a Directive on carers leave;
Amendment 222 #
2013/2158(INI)
Motion for a resolution
Paragraph 59 c (new)
Paragraph 59 c (new)
59 c. Underlines the upcoming needs for qualified carers due to demographic changes and the need to safeguard training and education for future carers to prevent a collapse of the entire care and social security system; also considers important to give a maximum of support to carers (especially informal carers) whose contribution need to be recognised;
Amendment 223 #
2013/2158(INI)
Motion for a resolution
Paragraph 59 d (new)
Paragraph 59 d (new)
59 d. Stresses the importance of hospice and palliative services within longterm- care; points out, that due to the multi- professional composition, flexibility, and cooperation with other professional sectors, carers and users of Mobile palliative Teams have the potential to bridge crucial gaps in longterm-care systems;
Amendment 9 #
2013/2129(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
– having regard to the study from the European Parliament's Policy Department B, entitled ‘European historical memory: policies, challenges and perspectives’4, __________________ 4 http://www.ipolnet.ep.parl.union.eu/ipolne t/webdav/site/myjahiasite/shared/poldepb/ culture_education/pe513977_en.pdf
Amendment 11 #
2013/2129(INI)
Motion for a resolution
Citation 11 b (new)
Citation 11 b (new)
– having regard to the pilot project ‘New Narrative for Europe’,
Amendment 27 #
2013/2129(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas aspects of European history and culture are rooted in the colonial system that prevailed for so long and in its global consequences;
Amendment 42 #
2013/2129(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the European Union was constructed against the backdrop of the trauma brought about by two all-powerful totalitarianism systems: National Socialism and Communism, which, although they differed in ideology and form, were both characterised by brutality and claimed the lives of millions; whereas it is inappropriate to argue that one was better or worse than the other; and whereas united Europe is founded on the basis ofan enlightened Judaeo- Christian ethics, Greek aesthetics and Roman lawand Greco-Roman spiritual heritage;
Amendment 49 #
2013/2129(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the dark passages of 20th century European history play a crucial role in collective commemoration in our continent, and the great positive historical developments, such as the post-1945 peace-building process, the successful integration of Europe, peace-making in the Balkans, the removal, after decades, of the Iron Curtain divide between East and West, the birth of universal social insurance systems and the establishment of human rights as a fundament of society, also need to be firmly anchored in collective historical memory;
Amendment 76 #
2013/2129(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the trauma of 1939-45 must not be allowed to be repeated, and in that regard remembering and accurately portraying the past is of vital importance; whereas, also, the acceptance of historical lies or the denial of difficult episodes in history can lead to xenophobia and hatred; whereas the claim made for many years that the Katyń massacre was a German crime is a classic example of a historical lie;
Amendment 84 #
2013/2129(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas no attempt should be made by historians, or in the teaching of history, to present knowledge about the past as absolute truth, and that, instead, the past should be approached in an academically sound and objective way through historians’ approximation of historical truths on the basis of facts and established proof;
Amendment 98 #
2013/2129(INI)
Motion for a resolution
Recital E
Recital E
E. whereas education plays a key role in understanding history and promoting historical truthperspectives, especially among young people, whose knowledge of history often comes solely from electronic media and whereas history education contributes to the acquisition of key and transversal competences which are essential to develop young people's curiosity, autonomy, open- and international mindedness, spirit of inquiry and ability to think independently and to resist manipulation;
Amendment 115 #
2013/2129(INI)
Motion for a resolution
Recital F
Recital F
F. whereas culture is a universal and easily accessible carrier of historical memory and content influencing Europeans' awareness and facilitating an understanding of dark episodes in theour past; whereas, also, history is a huge source of inspiration for artists and culture- makers;
Amendment 125 #
2013/2129(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the temptation can exist to use culture, particularly film and literature, for propaganda purposes, falsifying history and presenting inaccuratebiased interpretations of historical events;
Amendment 138 #
2013/2129(INI)
Motion for a resolution
Recital H
Recital H
H. whereas educational institutions, non- governmental organisations and the voluntary sector play a major role in documenting and uncovering the truthuncovering and documenting evidence of totalitarian crimes;
Amendment 146 #
2013/2129(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the presentation and teaching of history should be based not on political interpretation but on solid research workhistorical research and the development of historical and critical thinking skills; whereas the full opening up of historical archives will make it possible to carry out diligent research and to verify ‘historical lies’inaccuracies and/or false myths;
Amendment 157 #
2013/2129(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the creation of a Platform of European Memory and Conscience is an essentialhas been a step on the road to genuine reconciliation among European nations, and whereas EU financial support is essential for this project to achieve its mission;
Amendment 183 #
2013/2129(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that a peaceful and prosperous Europe should be founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights;
Amendment 189 #
2013/2129(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Pays tribute to all the heroeindividuals, known and unknown, who, acting out of a profound sense of humanism and faithfulness to their values, opposed the totalitarian regimes and demonstrated their humanity, often paying with their own lives;
Amendment 224 #
2013/2129(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 238 #
2013/2129(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that all countries implement their own history policypolicy on history education and commemoration, which helps to build a sense of national identity, but which, in combination with ignoranceone-sided and selubjective memory, can sometimes lead to falsifications of history that are dangerous and hurtful to victims and their families, as is the case when referring to Auschwitz- Birkenau, the Nazi German concentration camp in occupied Poland, as a ‘Polish death camp’nd that the only way to prevent this is by academics and historians taking an objective approach;
Amendment 258 #
2013/2129(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that historical truth and memorya responsible approach to the past, nurtured among other things by educational activities and cultural events, will reinforce genuine reconciliation between nations and authentic European integration based on truthhe ability to disagree about interpretations of the past without resorting to hatred and violence;
Amendment 268 #
2013/2129(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 286 #
2013/2129(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. CRecognises that Member States have complete autonomy as regards the content of their teaching syllabuses; calls on Member States to support ambitious history teaching programmes which do not gloss overretreat from the most difficult episodes; recognises that Member States have complete autonomy as regards the content ofstresses the need to make further efforts to strengthen their teaching syllabusesof European history;
Amendment 307 #
2013/2129(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that modern media can play a vital role in promoting historical truthEurope's history, both by accurately portraying historical events and by granting appropriate funding to historical productions and educational history programmes;
Amendment 327 #
2013/2129(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the planned reduction in funds for the ‘Europe for Citizens’ programme, and calls on the Commission to guarantemake funding for national andavailable for transnational educational and cultural projects which raise awareness of the darker episodes and other defining moments in Europe'san history, as foreseen in the next Europe for Citizens Programme;
Amendment 345 #
2013/2129(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Supports citizens' initiatives and non- governmental organisations, including those outside the EU, which are actively engaged in researching the history of nations and gathering documents on the crimes committed under totalitarianismoppressive regimes, and supports transnational partnerships and networks with the aim of promoting mutual relations between EU citizens and with other regions of the world; supports, in that context, cooperation between Member States and countries covered by the European Neighbourhood Policy;
Amendment 6 #
2013/2119(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that a more regular and institutionalised exchange between PETI and all its national counterparts would further improve the monitoring of EU law application since many cases involving EU legislation, that are brought to the attention of national petitions committees, might never find their way into a European institution;
Amendment 24 #
2013/2119(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that citizens, businesses and other stakeholders expect a simple and predictable regulatory framework; indicates that excessive regulation disrupts competitiveness and retards the growth of economy; points, therefore, to the need of a reduction in bureaucracy and administrative burdens and calls on the Commission to identify the pieces of legislation where regulatory costs can be reduced; welcomes, in this regard, the Commission’s initiative ‘REFIT’ and encourages its consistent and determined continuance;
Amendment 43 #
2013/2119(INI)
Draft opinion
Paragraph 16
Paragraph 16
16. Considers that the Commission should propose a Regulation governing the rules of the pre-infringement and the infringement procedures, guaranteeing, among others, an extensive communication with complainants. The development of these rules should go through a consultation process prior to the legislative decision making procedure;
Amendment 42 #
2013/2112(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights the fact that labour inspection is a public service task which, in the absence of any equivalent body to do the job, should be carried out only by independent public servantbodies;
Amendment 48 #
2013/2112(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that all categories of worker, employed and self-employed and irrespective of their status, employment relationship or origin, come under the responsibility of the national inspection authorities and must enjoy the same degree of protection;
Amendment 66 #
2013/2112(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on Member States, in cases where labour inspections uncover abuse, to protect the workers concerned and enable them to assert their rights at no cost; points out that measures to that end, such as a direct right of complaint for victims or a collective right of complaint, are effective means of protecting workers affected;
Amendment 73 #
2013/2112(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to criminalise the non-respect of working condienforce legal provisions with sanctions;
Amendment 91 #
2013/2112(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Points out that there is an important role to be played by all the social partners, and particularly by workers’ representatives, in ensuring that the existing rules are observed; calls on the Member States to institute the formal involvement of the social partners in labour inspection;
Amendment 95 #
2013/2112(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Points out that it is particularly common for employees on fixed-term contracts to have inadequate working conditions by comparison with permanent employees; notes that, in order for contract work to be subject to proper inspection, the rights of inspectors to inspect companies that provide contract labour must be extended and inspections must cover the observance of rules on rates of pay and working conditions as well as the application of the minimum wage;
Amendment 107 #
2013/2112(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the marked rise in theproblematically high incidence of bogus self-employment, particularly in the construction sector; calls on Member States to introduce appropriate inspection measures to combat bogus self- employment, for example by laying down criteria to determine what constitutes employment;
Amendment 129 #
2013/2112(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises that there is a growing trend towards self-employment, outsourcing und subcontracting; considers that systems of general contractor liability for the entire subcontracting chainors constitute a useful tool for improved monitoring of public procurement, and that they should be introduced in all Member States;
Amendment 132 #
2013/2112(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises that there is a growing trend towards self-employment, outsourcing und subcontracting; considers that systems of general contractor liability for the entire subcontracting chain constitute a useful tool for improved monitoring of public procurement, and that they should be introduced in all Member States, although checks by labour inspectors remain essential;
Amendment 151 #
2013/2112(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to introduce a European Agency for cross-border matters concerning the abuse of employment protection rules and undeclared work, with a remit including inter alia the identification of letter-box companies, the control of transnational service providers, the introduction of further-training programmes, the identification of new ways of circumventing the rules, and the oganisation of cross-border controlenable already existing and successful EU agencies, such as the European Foundation for the Improvement of Living and Working Conditions, to identify and keep a record of letter-box companies and similar operations;
Amendment 184 #
2013/2112(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Highlights the lack of emphasis, in existing social security and employment directives, on improved implementation and on the role of labour inspectorates; considers that the existing directives need to be thoroughly reviewed and revised where necessary and that the role of labour inspectorates needs to be taken account in social security and employment related matters in such a way as to affordpermit effective protection;
Amendment 196 #
2013/2112(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 212 #
2013/2112(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 217 #
2013/2112(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 19 #
2013/2111(INI)
Motion for a resolution
Recital E
Recital E
E. whereas most traditional social security systems, and particularly social cover and labour law, are designed to safeguard the social and employment rights of people in employment, and there is thus a risk that with the changing nature of employment, and increasingly commonly where people are self-employed, new groups of workers will lack proper social protection;Does not affect English version. Linguistic correction to German text replacing ‘freiberuflich’ (freelance) with ‘selbständig’ (self-employed). See Am. 111 below.
Amendment 35 #
2013/2111(INI)
Motion for a resolution
Subheading 1
Subheading 1
Social security for all, including self- employed persons
Amendment 36 #
2013/2111(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to develop and modernise social protection systems in orderconstantly to optimise and modernise social systems and to ensure adequate social protection for all, based on the principles of universal access and non-discrimination and on the capacity to respond in a flexible manner to demographic changes and developments in the labour market; workers; considers that such standards should particularly be raised in areas where they do not meet European targets, and that all of this should take place in accordance with the principles of universal access and non-discrimination.
Amendment 46 #
2013/2111(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Member States to ensure coreminimum national social protection which, at a minimum, will safeguard the main sources of revenue ina basic income established by each country and guarantee access to basic social benefits, particularly in the event of illness, unemployment, maternity or disability, thus making it possibleetc., in order to combat poverty and social exclusion in; notes that responsibility for establishing this protection rests solely with the Member States concerned; calls also on the Member States to draw up strategies for the development of social security in line with the ILO’s proposals;
Amendment 67 #
2013/2111(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States and the Commission to take steps to combat discrimination against women on the labour market and to adopt social protection measures to ensure that women’s wages and welfare entitlements are not lower than those for men doing the same job, and to safeguard their maternity entitlements; calls also on the Council to speed up the adoption of the Directive on prenatal and postnatal leave;to ensure minimum social protection guaranteeing a basic income established by each country or an income set as a result of collective bargaining,
Amendment 78 #
2013/2111(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on Member States to take practical steps to combat poverty and social exclusion, including an appropriate minimum income or income set as a result of collective bargaining and a social security system, in accordancefalling solely within their own national practices (collective agreements or national legislation) remit of the Member State concerned;
Amendment 86 #
2013/2111(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 101 #
2013/2111(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges the Commission to include in all its proposals the four targets set in the ILO's Decent Work Agenda, and to include in the annual growth review the targets set in the ILO Social Protection Floors Recommendation, so that all workers in Europe may enjoy these guarantees throughout their lives;
Amendment 114 #
2013/2111(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Draws attention to the fact that the absence of a clearsufficiently precise definition of self- employment considerably hampers the coordination of social security for self- employed workers among the Member States and may consequently restrict the free movement of workers;
Amendment 126 #
2013/2111(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges Member States to ensure that self-employment does not become a tool of unfair competition or a means of preventing workers from benefiting from social and job security, and that the social and employment rights of self-employed workers depend as little as possible on their status: i.e. employed or self-employed; also asks, since there is no justification for such treatment, that self-employed workers should not be assimilated withtreated in the same way as employed workers, so as to preserve the advantages of self- employment and economic activity of this kind and help to develop a spirit of entrepreneurship and service quality;
Amendment 132 #
2013/2111(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on Member States to developalign social protection in relation to retirement, disability, maternity/paternity leave and unemployment with the EU standard where this has not already been done, so that it is better adapted to self-employed workers, in particular those whose work is similar to that ofand is equivalent to the standard applying to employed workers;
Amendment 142 #
2013/2111(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on Member States and the Commission to involve the social partners in a process of developing and modernising social protection and to develop the social dialogue at European and national levels; also calls on the social partners to place issues linked to the labour rights and social protection of self-employed workDoes not affect English text; linguistic correction to German vers ion the agenda;.
Amendment 13 #
2013/2064(INI)
Motion for a resolution
Recital G
Recital G
G. whereas bureaucratic and financial barriers at national level continue to restrict opportunities to engage in volunteering, which is still not legally recognised in some Member States;
Amendment 48 #
2013/2064(INI)
Motion for a resolution
Paragraph 10 – point 1 (new)
Paragraph 10 – point 1 (new)
(1) Points out that volunteering enables both young and older people to make a contribution to society and earn recognition and esteem in return; this improves their quality of life, well-being and general state of health;
Amendment 49 #
2013/2064(INI)
Motion for a resolution
Paragraph 10 – point 2 (new)
Paragraph 10 – point 2 (new)
(2) Points out that the existence of a broad range of volunteering activities and ease of access to such activities, as regards cost, the availability of information and infrastructure, and the provision of liability and accident insurance cover are essential if volunteering is to be promoted among all age groups;
Amendment 24 #
2013/2051(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reiterates that transparency, openness, access to information, respect for the rights of citizens, and high ethical standards are essential for maintaining trust between citizens and the institutions and that, particularly in the current difficult economic situation, this trust is extremely important for the future of the European integration project;
Amendment 25 #
2013/2051(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the EU Institutions, in the light of the growing digitisation of public administration, to respond to the special needs of older people, many of whom are not familiar with modern information and communication technologies, and to compensate for this by means of user- friendly applications, practical online help programs and readily accessible non- digital contact opportunities;
Amendment 28 #
2013/2051(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the decrease in the total number of complaints submitted to the Ombudsman in 2012 is further proof of the success of the interactive guide on his website, which is a powerful tool designed to help ensure that fewer citizens complain to the Ombudsman for the wrong reason and to improve the possibilities for advising complainants on where to turn to instead; notices that the trend confirms that an increasing nuconsiders, therefore, that all the EU Institutions and members of people turning to the European Ombudsman are doing so for the right reasthe European Network of Ombudsmen should include direct links to this guide on their websites and in their social media communications;
Amendment 38 #
2013/2051(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reiterates, in accordance with its resolution 2012/2024(INI) of 15 January 2013, its call on the Commission to adopt common binding rules and principles on administrative procedure in the EU’s administration and to present a draft regulation to this end on the basis of Article 298 of the TFEU; considers that the Ombudsman’s experience to date and his publications reporting on them provide appropriate guidance for the substance of such a legislative proposal;
Amendment 41 #
2013/2051(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that in 2012 the Ombudsman submitted one special report to Parliament, which concerned the Commission’s failure to address a conflict of interest in the handling of the expansion of Vienna Airport, the lack of Environmental Impact Assessment relating to that expansion, and the absence of review procedures available to those who complained about the construction project and the absence of an EIAstated that, in an ex post environmental impact assessment concerning the expansion of Vienna Airport, on the one hand the Commission had been unable to resolve a conflict of interest and on the other hand objectors to the construction project did not have any complaints procedure open to them; recalls that, in response to this special report, the Committee on Petitions made forward-looking proposals for the current revision of the EIA Directive and for an EU administrative law;
Amendment 37 #
2013/2045(INI)
Draft opinion
Paragraph 1 – point a (new)
Paragraph 1 – point a (new)
(a) Points out that lifelong learning starts with early childhood education and stresses that language skills above all must be promoted in a fun way;
Amendment 38 #
2013/2045(INI)
Draft opinion
Paragraph 1 – point b (new)
Paragraph 1 – point b (new)
(b) Calls for more vocational education and training for teaching staff, especially as regards modern teaching methods and the use of new technologies;
Amendment 73 #
2013/2045(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission and Member States to further improve the transparency and recognition of qualifications within the Union, in particular through the European Credit System for Vocational Education and Training, Europass and the European Qualifications Framework, and especially to secure the cross-border recognition of non-formal and informal learning;
Amendment 78 #
2013/2045(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Youth Guarantee Scheme; calls on Member States to commit themselves to implementing the scheme in an efficient and timely manner; highlights the need for sufficient funding for the initiative through the European Social Fund and other EU structural funds. and notes that creating jobs for young people is a key objective of cohesion policy, supported both by the ERDF and the ESF;
Amendment 158 #
2013/2045(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the decision of the EPSCO Council on 28 February 2013 to agree on a Council recommendation on implementing a Youth Guarantee; recommends extending eligibility towelcomes the extension of the target groups to include graduates aged under 30; stresses that the success of this measure will be highly dependent on other factors, e.g. the infrastructure and capacity of public and strengthened private employment services, the availability of student places, the provision of training and, apprenticeships, and the transferability and implementation of successful experiences from other Member States; stresses that the Youth Guarantee must be integrated within the broader framework of active labour market policies while ensuring high quality standards;
Amendment 182 #
2013/2045(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recommends that, in Member States with a dual vocational training system, there should be an ‘alternative apprenticeship’ scheme, and thus a Youth Guarantee in the form of vocational training in more than one company, for young people under the age of 18 who cannot obtain an apprenticeship; in countries without dual vocational training, steps should be taken to implement an appropriately adapted system;
Amendment 183 #
2013/2045(INI)
Motion for a resolution
Paragraph 5 – point a (new)
Paragraph 5 – point a (new)
(a) Calls on the Member States to consider tried and tested practices, especially those of Member States with low unemployment rates, and to explore whether concepts such as dual education and training and vocational schooling, as well Youth Guarantee schemes already implemented, may be compatible with their national systems;
Amendment 203 #
2013/2045(INI)
Motion for a resolution
Paragraph 6 – point a (new)
Paragraph 6 – point a (new)
(a) Notes that play-based early-years education can put children on the right track for successful schooling, and highlights the prime importance, in this context in particular, of initial training and specialist further training for teachers;
Amendment 246 #
2013/2045(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls for an ambitious holistic policy approach which looks at education, training, employment and self-employment initiatives, for all young people at all the various levels, in an integrated way, clearly giving priority to employability without, however, curtailing the scope of education and training as a whole;
Amendment 257 #
2013/2045(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to ensure high-quality frameworks for traineeships, backed up by financial support and mandatory monitoring, as well as a common quality standard for traineeships and work placements, with all traineeships of over one month being remunerated in accordance with work performed; stresses that active promotion and awareness- raising in respect of such programmes is needed among entrepreneurs;
Amendment 284 #
2013/2045(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages the Member States to foster the mobility of young workers by means of further progress towards the mutual recognition of qualifications and skills and enhanced coordination of national social security systems, especially as regards pension systems, as well as by continuing to invest substantially in early childhood education and language learning;
Amendment 302 #
2013/2045(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to properly recognise and validate non-formal learning and informal education and acquired skills, as a form of valorising competencies required on the labour market;
Amendment 315 #
2013/2045(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to develop personalised career counselling and guidance, starting already during secondary school or provided by secondary schools, with the aim of enabling young people to make well-informed choices about their higher education, while introducing mechanisms that can monitor the opportunities offered and assess the success rate of those young people’s subsequent transition to work;
Amendment 3 #
2013/2041(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to the Council recommendation of 5 September 2012 on the validation of non-formal and informal learning (COM(2012) 485 final),
Amendment 18 #
2013/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on Member States to provide more efficient education, with a focus on active citizenship, transversal, entrepreneurial and STEM- related skills, digital literacy and foreign languages skills (science, technology, engineering and mathematics), to tackle mismatches between skills and labour market demand;
Amendment 24 #
2013/2041(INI)
Motion for a resolution
Recital D
Recital D
D. whereas accessible, flexible and high quality education and training have a crucial impact on the personal development of young peopleall learners, also promoting their active citizenship and wellbeing;
Amendment 29 #
2013/2041(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on Member States to safeguard an inclusive and integrated education system with a lifelong learning approach, providing equal access to all at all levels and offering tailor-made arrangements to meet the different needs of students, especially those from vulnerable social groups, such as Roma, migrants and disabled persondisabled persons, migrants and minorities;
Amendment 46 #
2013/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that Member States should reduce drop-out rates by launching early childhood education, development and care programmes, providing extra-curricular activities and engaging parents and providing mentoring tomoting disadvantaged students throughout their studies, helping them access the Erasmus programme and internships;
Amendment 57 #
2013/2041(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Member States to perform consistent benchmarking with relevant European best-practice models in the field of education and employment;
Amendment 62 #
2013/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on Member States to facilitate transition between the different educational and training pathways, assist transition between education, professional training and employment, provide traineeships, work-based learning, apprenticeships and dual learning models and recognize competences based on non-formal and informal learning;
Amendment 67 #
2013/2041(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to prioritise public expenditures in education, training, research and innovation, and recalls that any budget cut in these fields will have a strong negative impact on the economic recovery of the Union and the attainment of the Europe 2020 objectives;
Amendment 76 #
2013/2041(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that young people have great potential and a crucial role to play in achieving the Europe 2020 targets for education and employment; reminds the Member States of the close link between early school leaving, lack of employment- related skills and youth unemployment; also recalls that early childhood education and care lay the foundation for future learning and development of young people, but that they should be provided exclusively in a playful manner and not using school methods or pressure from attainment targets;
Amendment 80 #
2013/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to prepare teachers to focus on skills and competences, get acquainted with different cultures and adapt lessons to the communication and learning styles of their students; the focus should be in particular on language skills, as the key to education, and on learning and didactics;
Amendment 82 #
2013/2041(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for a recognition of youth organisations and civil society organisations for all generations in the design and implementation of lifelong learning strategies; also highlights their role as complementary educational providers for non-formal and informal learning and volunteering, helping all learners, particularly young people, to attain both transversal skills and individual personal competences, such as critical thinking and problem solving, team work and communication, and self-confidence and leadership;
Amendment 88 #
2013/2041(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Member States to promote the attractiveness of VET, and calls for a stronger focus on transversal and basic skills acquired through formal and informal training, in particular on entrepreneurial and ICT skills that help young people, especially, to enter the labour market and to create their own businesses; also, however, stresses the importance of culture and sport for a rounded education and personal development;
Amendment 147 #
2013/2041(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Encourages the Member States to promote cooperation and synergies in the field of lifelong learning, in particular to widen access to learning and to adapt and modernise the curricula of educational institutions – for example by using the rapidly developing potential of digital learning and Open Educational Resources – in order to address the new challenges of the contemporary world;
Amendment 159 #
2013/2041(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls the importance of high-quality teacher education that needs to be complemented with career-long professional training, due in particular to the rapid changes in ICT and digital media with a focus on innovative teaching methods and instructing learners about approaches to education (‘learning how to learn’), due in particular to the rapid changes in ICT and digital media; stresses furthermore the possible advantages of gaining experience of teaching in another European country by means of an Erasmus term for teachers;
Amendment 174 #
2013/2041(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses the need to mainstream gender equality, and calls for policies to attract vulnerable and disadvantaged groups, including older people, into learning; in this context, encourages the Member States to introduce specific measures in the form of financial support to people from lower socio-economic backgrounds;
Amendment 180 #
2013/2041(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Strengthens the need to focus on low- skilled adults and intergenerational learning, and recalls the opportunities that digital learning and open educational resources (OER) can bring, as regards access to education and training for all age groups;
Amendment 184 #
2013/2041(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for breaking the prejudices that prevent students from taking such educational paths that are not necessarily perceived as leading to highly recognised careers and positions in society, particularly to increase the attractiveness of vocational training and informal education;
Amendment 3 #
2013/2013(INI)
Motion for a resolution
Recital A
Recital A
A. whereas, subject to Protocol 30 of the Treaty, the Charter of Fundamental Rights of the European Union has already acquired legally binding force through the entry into force of the Treaty of Lisbon1; and whereas Parliament objects to the restrictive interpretation of the scope of application of the Charter put forth by the European Commissionpursuant to Article 51 the Charter applies to the institutions and bodies of the EU and the Member States, only when they are implementing Union law; whereas the same Treaty also establishes the legal basis for the EU to accede to the European Convention on Human Rights, as well asnd to introduce the European Citizens’ Initiative;
Amendment 28 #
2013/2013(INI)
Motion for a resolution
Recital H
Recital H
H. whereas 2013 has been designated the European Year of Citizens, and it is precisely the citizens and residents of the EU, individually or in association with others, who are best placed to both assess the effectiveness of European legislation as it is applied, and to signal possible loopholes which impair the proper implementation of legislation and the full exercise of rights; whereas a fundamental precondition for this is that information about European legislation should be made available to citizens in a practical fashion;
Amendment 29 #
2013/2013(INI)
Motion for a resolution
Recital I
Recital I
I. whereas, for that reason, the Committee on Petitions devoted a great amount of time and effort in 2012 to discussing the meaning of citizenship, which is closely associated with the freedom of movement in the EU but which also comprises many other rights and is of benefit to citizens who do not leave their home country; whereas petitions give evidence that Union citizens still face widespread and tangible obstacles to exercising their cross-border rights in particular, a situation which has a direct and daily impact on the lives and welfare of thousands of households;
Amendment 43 #
2013/2013(INI)
Motion for a resolution
Recital M
Recital M
M. whereas it remains evident that there is both a lack of clearly structured and widely publicised information and a lack of awareness amongst EU citizens about their rights; whereas these constitute decisive obstacles to exercising active EU citizenship and whereas in this connection the Member States should comply more fully with their obligation to provide information and cultivate awareness;
Amendment 45 #
2013/2013(INI)
Motion for a resolution
Recital N
Recital N
N. whereas European citizens and residents are legitimately entitled to expect that the issues they raise with the Committee on Petitions may find a solution without undue delay within the legal framework of the European Union, and in particular that the Members of the Committee will defend the petitioner’s natural environment, health, freedom of movement, dignity and fundamental rights and freedomslegitimate wishes of all petitioners, irrespective of the area of life which they concern, with the requisite consistency and perseverance;
Amendment 58 #
2013/2013(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that fundamental rights remain a key subject of the petitions submitted, notably raising issues related to the rights of persons with disabilities, children’s rights, property rights, the right of free of movement without discrimination on any grounds, including the portability of social security entitlements without any form of discrimination, the protection of freedom of expression and privacy, freedom of association, and the right of access to documents and information; calls on Member States to respect those rights as set out in the Treaty and calls on the European Commission to take the necessary measures to oblige non- compliant Member States to close the gap between national laws and the fundamental rights of EU citizens;
Amendment 73 #
2013/2013(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to come up with a proposal for legislation to finally solve the problems relating to the mutual recognition by Member States of civil status documents and their effects while at the same time respecting the social policy traditions of the individual Member States in accordance with the subsidiarity principle;
Amendment 77 #
2013/2013(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Observes that the environment remains another key subject of petitions, giving evidence that public authorities repeatedly fail to ensure the preservation of biodiversity and ecosystems, and that the highest standards of public health are guaranteed; points, in particular, to the numerous petitions submitted on waste management, on water, on the possible dangers of nuclear energy and genetic engineering and on the assessment of the impact of projects and activities on the environment and on public health; urges the Commission to strengthen the environmental legislative framework and, specifically, its correct implementation; regrets that some Member States, despite their efforts, have not been able to find sustainable solutions for problems related to waste management;
Amendment 95 #
2013/2013(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Committee’s conclusions from the fact-finding visit to Berlin on youth and family welfare matters, particularly in cross-border custody cases; notes, however, based on the continuing inflow of petitions of this nature, that it is clear the issue is ongoing, and that similar cases have also been brought to the Committee’s attentiothat the Committee is still receiving similar petitions from other Member States, particularly Denmark; therefore urges the Member States to scrutinise thoroughly all statutory rules and judicial rulings which could be contrary to the interests of the child in fcrom other Member States, notably Denmarkss-border custody cases;
Amendment 101 #
2013/2013(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Draws attention, in that regard, to the Eurobarometer of public opinion which indicates that only 36% of EU citizens consider themselves well informed about their rights and only 24% feel well informed about what they can do if their rights are not respected; stresses, therefore, the urgent need for improved access to information and for a clearer distinction between the functions of the various nathe establishment of a widely advertised single live point of contact in all Member States to which citizens can turn directly with any EU- related questionals and European institutions, so that peconcerns and which will forward the questions internally to the relevant bodies in the EU institutions and complaints can be addressed to the right bodie, including the Committee on Petitions;
Amendment 103 #
2013/2013(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is determined to put in place a more practical and visible petitions web portal accessible to all citizens by the end of 2013, in order to facilitate access to the petitions process and to provide valuable information on petitions, as well as on other redress mechanisms; calls for the right of petition to be given greater visibility on the Parliament website homepage, given that in 2012 70% of all registered petitions were already received in electronic form, for all institutions and other bodies of the EU to place on the homepages of their websites and social media channels a clearly visible link to the online form for submitting a petition;
Amendment 105 #
2013/2013(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasises that the Committee on Petitions, along with other institutions, bodies and instruments such as the European Citizens’ Initiative, the European Ombudsman, the European Commission, and the committees of inquiry, play an independent and clearly defined role as must remain a central points of contact for each individual citizen; further stresses that the Committee on Petitions must continue to be a point of reference for citizens whose rightscitizens when their rights guaranteed in EU law are being infringed;
Amendment 119 #
2013/2013(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Welcomes the Year of European Citizenship in 2013; calls on all institutions and bodies both of the European Union and of the Member States to enhance and advertise more widely their service to European citizens and residents during this year, in light of the principles contained in the Treaties and the facts revealed in this report;
Amendment 129 #
2013/2013(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Looks forward to organising public hearings for successful European Citizens’ Initiatives, alongside the legislative Committee responsible; reaffirms its belief that this new tool will strengthen the democratic institutions of the Union and will give meaning to the notion of European citizenship;Does not affect English version. Linguistic correction to German.
Amendment 132 #
2013/2013(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Is nevertheless concerned about the red tape and technical obstacles which have emerged during the first months of the practical application of the Citizens' Initiative; calls therefore on the Commission to seriously consider bringing forward the date of the review prescribed in Article 22 of Regulation (EU) 211/2011;
Amendment 53 #
2013/0409(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) It would be going too far to provide for a right to provisional legal aid in connection with minor offences, in particular under the administrative law, such as traffic offences. The right to provisional legal aid should therefore not apply in cases where, under national law, authorities other than the ordinary courts have the power to impose penalties for such minor offences.
Amendment 55 #
2013/0409(COD)
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) Brief curtailments of personal liberty, for example in the form of a court summons to appear as a witness or an order by the police to stop for the purposes of an identity check or a search, should not be regarded as deprivation of liberty within the meaning of this Directive and should therefore be excluded from its scope.
Amendment 92 #
2013/0409(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
This Directive shall not apply in connection with minor offences if, under national law, an administrative penalty may be imposed by an authority other than a public court and an appeal against the imposition of that penalty may be lodged with a court.
Amendment 95 #
2013/0409(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a In keeping with the fundamental right to a fair trial, this Directive shall not apply in cases involving brief curtailment of a person's liberty, in particular in connection with identity checks, checks to determine whether an investigation should be opened, the taking of DNA samples, the performance of an alcohol test or other actions to secure evidence, checks to determine whether the person is in possession of illegal items or items which are not allowed in public places, such as drugs or weapons, or to guarantee the presence of a suspect or an accused person before a judicial authority or a court, for the purposes of questioning or the securing of evidence.
Amendment 132 #
2013/0407(COD)
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
In cases in which the law of a Member State provides that an authority other than a court having jurisdiction in criminal matters may impose penalties in relation to relatively minor offences and there is a right of appeal against the imposition of such penalties with a court having jurisdiction in criminal matters, Articles 5 to 9 of this Directive shall apply only in so far as the matter is referred to a court having jurisdiction in criminal matters following the lodging of an appeal.
Amendment 160 #
2013/0407(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 179 #
2013/0407(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 181 #
2013/0407(COD)
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
Amendment 214 #
2013/0407(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
(3a) Member States may provide that the competent court may exclude the suspect or accused from the proceedings after a warning, temporarily or for the entire duration of the proceedings, if this occurs in the interests of ensuring the smooth conduct or the orderliness of the criminal proceedings in so far as the rights of the defence are not thereby violated.
Amendment 215 #
2013/0407(COD)
Proposal for a directive
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
(3b) The provisions of this Article shall not apply if, in accordance with the provisions of national procedural law, legal proceedings or parts thereof are conducted in writing, providing this occurs with due respect for the principle of a fair trial.
Amendment 11 #
2013/0361(APP)
Article 2 – paragraph 3 – subparagraph 2
Technical coordination shall be provided for the workers’ delegation by the European Trade Union Confederation (ETUC) and for the employers’ delegation by the Confederation of European Business (BUSINESSEUROPE). The ETUC and BUSINESSEUROPE shall ensure that the views expressed by the specific and sectoral organisations are fully taken into account in their contributions and shall, where appropriate, include representatives from some of those organisations in their delegations.
Amendment 34 #
2013/0202(COD)
Proposal for a decision
Recital 4
Recital 4
(4) These recommendations would benefit from being further supported by an enhanced evidence-base, feedback on success of policy implementation and co- operation between the PES of Member States. To this end, the PES Network to be established under this Decision should carry out concrete initiatives such as common evidence-based benchmarking systems, corresponding mutual learning activities, mutual assistance between the network members and the implementation of strategic actions for the modernisation of PES.. The specific knowledge of the network and its individual members should also be used to provide, upon request of the Employment, Social Policy, Health and Consumer Affairs Council (EPSCO) and the Employment Committee (EMCO)of the European Parliament and of the Commission, evidence for the development of employment policies.
Amendment 41 #
2013/0202(COD)
Proposal for a decision
Recital 8
Recital 8
(8) The PES Network should reinforce co- operation between its members, develop joint initiatives aimed at exchanges of information and best practices in all areas covered by PES, comparative analysis and advice as well as promotion of innovative approaches in the delivery of employment services. By establishing this network an inclusive, evidence-based and performance-oriented comparison of all PES leading to the identification of best practices and working structures in the Member States will be possible. With these results members of the network should be able to shape the design and delivery of employment services within their specific responsibilities. The initiatives carried out by the Network should improve PES effectiveness and allow for more efficient public spending.
Amendment 44 #
2013/0202(COD)
Proposal for a decision
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) the Public Employment Services as nominated by the Member States, which shall each send one representative, and
Amendment 47 #
2013/0202(COD)
Proposal for a decision
Article 1 – paragraph 3
Article 1 – paragraph 3
3. Member States with regional autonomous Public Employment Services shall ensure adequate representation in the specific initiatives of the Network. Each Member State shall have one vote in the 'Network' regardless of the number of regional employment services.
Amendment 59 #
2013/0202(COD)
Proposal for a decision
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) increased benchlearning so that successful best practice can be better implemented.
Amendment 61 #
2013/0202(COD)
Proposal for a decision
Article 2 – paragraph 1 – point e b (new)
Article 2 – paragraph 1 – point e b (new)
(eb) contributing to evaluation and assessment with a view to launching labour market policy initiatives that become necessary in the short term;
Amendment 64 #
2013/0202(COD)
Proposal for a decision
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) Develop and implement European wide evidence-based benchmlearkning systems among public employment services based on the use of quantitative and qualitative indicators to assess PES performances and to gather evidence with a view to establishing an appropriate mutual learning vehicle. It shall also participate actively in the implementation of these activities by sharing data, knowledge and practices.
Amendment 68 #
2013/0202(COD)
Proposal for a decision
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) Contribute to the implementation of policy initiatives in the employment and social field.
Amendment 70 #
2013/0202(COD)
Proposal for a decision
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Network shall establish a reporting mechanism in relation to all the initiatives 3.1.a andlisted in 3.1.b. In accordance with this provision network members shall report annually to the network.
Amendment 74 #
2013/0202(COD)
Proposal for a decision
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Board shall adopt its Rules of Procedure by unanimous decision containing, inter alia, the decision-making arrangements of the Board, the provisions on the appointment and term of office of the Chair and Vice-Chairs of the network. The Board shall adopt by majority decision the annual work programme including the setting up of working groups and the language arrangements of the Network meetings, and the annual network report that should be sent to the European Parliament and subsequently assessed in the Committee on Employment and Social Affairs, processed and published.
Amendment 75 #
2013/0202(COD)
Proposal for a decision
Article 7
Article 7
Amendment 76 #
2013/0202(COD)
Proposal for a decision
Article 9 – paragraph 1
Article 9 – paragraph 1
1. FourTwo years after its entry into force, the Commission shall submit a report on the application of this Decision to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions. The report shall in particular assess to what extent the network has contributed to the achievement of the objectives set out in article 2 and whether it fulfilled its tasks.
Amendment 121 #
2013/0124(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that judicial and/or administrative procedures, including where they deem it appropriate, conciliation procedures, for the enforcement of the obligations under Article 45 of the Treaty and Articles 1 to 10 of Regulation (EU) No 492/2011, are available to all workers and members of their families who consider they have suffered or are suffering from unjustified restrictions to their right to free movement or consider themselves wronged by failure to apply the principle of equal treatment to them, even after the relationship in which the discrimination is alleged to have occurred has ended. Workers shall be provided with verifiable, readily understandable pay slips and issued with time sheets.
Amendment 133 #
2013/0124(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Paragraph 1 shall apply without prejudice to national rules on time limits for enforcement of those rightsTime limits for enforcement of those rights shall be such as to ensure that the rights can be exercised in an appropriate time frame. These time limits shall be such that they cannot be regarded as capable of rendering virtually impossible or excessively difficult the exercise of rights conferred by Union law.
Amendment 173 #
2013/0124(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall in future ensure that the provisions adopted pursuant to this Directive together with the relevant provisions already in force in Articles 1 to 10 of Regulation (EU) No 492/2011, are brought personally to the attention of the persons concerned by all appropriate means throughout their territory. This shall take the form of the dissemination of the relevant information in the most sustainable manner possible, and in such a way as to reach as many people as possible, via the EURES network and with the involvement of the social partners. In terms of content, form and dissemination method, the information shall be tailored to the target groups and thus be understandable, readily accessible and comprehensive.
Amendment 99 #
2012/2292(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 106 #
2012/2292(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 114 #
2012/2292(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 1 #
2012/2264(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas, having submitted 18 special reports in 16,5 years, the Ombudsman has so far acted very cooperatively and responsibly by using such reports to the European Parliament only as ultimate political tool, thus demonstrating his general spirit for consensual solutions;
Amendment 2 #
2012/2264(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that the alleged maladministration concerned the Commission's failure, on the one hand,way in which the Commission handled the infringement proceedings against Austria, notably its failure to ensure both, that the authority which had issued permits for works without the required impact assessment would not be responsible for conducting the ex-post EIA and, on the other, to show that it had appropriately followed the Ombudsman's recommendations as regards that the complainant would have access to legal redress against this assessment;
Amendment 3 #
2012/2264(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that this special report does not deal with the question of whether the Austrian authorities acted wrongly, but addresses the question of whether the Commission failed in its obligations when investigating and acting on a complaint it had received and in its response to the Ombudsman's requests and recommendations from his first investigation into this case;
Amendment 4 #
2012/2264(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Advises competent authorities in the Member States to pay attention to potential conflicts of interest already within the present state of the law and to prepare for eventual changes in EU law in this respect; stresses the role of national Ombudsmen as important mediators to help citizens take action against potential conflicts of interest within Member States' administration;
Amendment 5 #
2012/2264(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers, with regard to the Ombudsman's second allegation, that an honest, active and comprehensive inclusion of the local population in the application of the EIA directive is on the whole essential and thus believes open and transparent mediation procedures should be carried out more frequently ahead of projects with potentially big impact on the local environment and human health; in this context, applauds the extensive public mediation ahead of the EIA concerning the construction of a third runway at Vienna airport, which cumulatively also assessed the impact, e.g. the sound nuisance, of those enlargements affected by the infringement case at hand and to which a full review procedure is available;
Amendment 6 #
2012/2264(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Agrees with the Ombudsman that keeping and updating clear records forms part of good administration as it enables, for instance, the European Ombudsman to verify that his recommendations have been appropriately taken into account;
Amendment 7 #
2012/2264(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Considers it also advisable and an important requirement of good administrative practice to maintain a constant, clear and consistent correspondence with the complainants during infringement procedures and with the Ombudsman during his investigations;
Amendment 8 #
2012/2264(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Commission's statement that it intends to improve its practice in this respecton both these issues, written records and thorough correspondence, in order to avoid the problems in communication experienced in the case at hand;
Amendment 9 #
2012/2264(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Makes clear that neither the Commission nor the Austrian authorities were violating any existing European legislation when carrying out the ex post EIA which was based on an ad-hoc negotiated sui generis procedure;
Amendment 10 #
2012/2264(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 11 #
2012/2264(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that the circumstances which gave rise to the opening of the Commission's infringement procedure and consequently to the complaint to the European Ombudsman raise serious questions as regards the implementation by a Member State, in this case Austria, of Directive 85/337; at that time; acknowledges that the 2009 revision of the Austrian federal law implementing the EIA directive took duly into account, inter alia, the findings of the infringement procedure at hand and thereby brought Austrian legislation into conformity with EU law in this respect;
Amendment 12 #
2012/2264(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that, in cases where a Member State fails to applyprojects are very likely to infringe basic requirements of the EIA Directive, the concerned public should have effective legal instruments available to it to seek suspensimmediate clarification ofby the authorisation of projects, including the possibility of injunction measurresponsible EIA authority concerning the compliance of the projects with EU rules, so as to prevent irreversible damage when such projects are implemented;
Amendment 13 #
2012/2264(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Notes that the current directive does not contain requirements relating to the objectivity and impartiality of the authorities responsible for authorisation and does not set any such requirements for bodies which carry out an EIA; considersnotes that it does not contain any provisions either about how to proceed when a project has already been implemented or is close to finalisation or about how the concerned public could, by means of a clear and non-bureaucratic procedure, obtain immediate clarification from the responsible EIA authority about the conformity with EU rules of such projects, which are very likely to infringe basic provisions of the EIA directive; considers therefore that the review of the EIA Directive offers a good opportunity to introduce such requirements and provisions;
Amendment 14 #
2012/2264(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that this case also shows that, in addition to measures to strengthen the provisions of the EIA Directive, clearer procedures are required for infringement proceedings, preferably through the adoption of a general regulation on administrative procedures for the EU's administration, thereby strengthening the position of the complainant; considers that such a regulation would be well positioned to clarify the authorities' obligations when communicating with complainants in an infringement case or with bodies representing European citizens like the Petitions committee and the Ombudsman, for instance to introduce an obligation to respond as soon as possible to recommendations of the Ombudsman in order to avoid misinterpretations as they occurred in the case at hand;
Amendment 8 #
2012/2258(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes note of the Plan of the European Innovation Partnership on Active and Healthy Ageing, especially its focus on cooperation between public and private stakeholderthe European Commission and EU countries and regions, industry and business, public and private stakeholders, health and care professionals and organisations representing older people and patients, the exchange and transfer of good ideas and best practices (e.g. the digitally based ‘Marketplace’ platform), and optimising existing funding instruments;
Amendment 18 #
2012/2258(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the need to create the appropriate framework conditions for people to work longer and to be moreremain productive, both by improving labour- market flexibility through the introduction of time accounts and part-time possibilities and by making provision for modern forms of employment contract, including temporary ones, and jobs suitable for older workers;
Amendment 43 #
2012/2258(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Points out the essential role of investing more in education andtraining and further training, with priority for lifelong learning, in order to prepare an active and productive ageing workforce;
Amendment 48 #
2012/2258(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Stresses that social enterprises provide products, goods and services which are of key importance for a welfare state and decisively contribute to all three pillars thereof: ‘prevention, screening and early diagnosis’, ‘care and treatment’ and ‘active ageing and independence’;
Amendment 49 #
2012/2258(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Is convinced that various financial instruments, such as the Social Entrepreneurship Fund, the European Venture Fund and the European Angels Fund (EAF), are necessary to improve access for social enterprises to the financial markets;
Amendment 50 #
2012/2258(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Stresses the need for adequate funding at local, regional, national and EU level to support social enterprises, for example funding under the multiannual financial framework for 2012-2020 (including the ESF, ERDF, EPSCI, the programme for research and innovation and Horizon 2020);
Amendment 58 #
2012/2258(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Points out that intellectual mobility can be increased by access to lifelong learning (LLL) in later life also, thereby helping to combat dementia;
Amendment 59 #
2012/2258(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Maintains that further reforms of pension systems are necessary in order to makeep them sustainable; more coherence must be established between the effective retirement age, the official retirement age and life expectancy;
Amendment 95 #
2012/2258(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’s approach in regard to active ageing and independent living, more specifically, its comprehensive view on the role and importance of ‘place in ageing’ as the radius or perimeter in which people live their lives increasingly contracts as they age, and as older people tend to prefer living independently for as long as possible; considers that the AAL JP (Ambient Assisted Living Joint Programme) is an important instrument for the deployment of technical resources to facilitate daily life;
Amendment 44 #
2012/2257(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the gender dimension is crucial to achieving the EU 2020 headline targets, as women form the greatest reserve of as yet unused labour force; whereas women form the majority of those living in poverty in the EU; whereas specific attention needs to be paid therefore to gender mainstreaming and specific policies targeted at women throughout the European Semester process; stresses the need to align the legal retirement age of women to the one of men;
Amendment 85 #
2012/2257(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Regrets that the 2013 AGS does not address the quality of jobs and that too little attention is paid to putting in place the necessary preconditions for increasing labour market participation, notably that of women, notably workers at the age 45 +, people with disabilities and the most deprived;
Amendment 92 #
2012/2257(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Member States to enforce health prevention measures already from childhood on a lifelong perspective in order to ensure people are leaving in a healthy condition during their work life.
Amendment 101 #
2012/2257(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls on Member States to incorporate the mechanisms of the European exchange programmes for education, training, youth and sports into measures taken in the framework of the European semester;
Amendment 119 #
2012/2257(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the European Council to ensure coherence between the different priorities in its policy guidance, so that fiscal consolidation does not compromise growth and job creation potential, increase poverty and social exclusion, or prevents the provision ofuniversal access to public services of quality; believes that the main priority must be to put into place integrated reform measures and investments that promote growth and job creation while guaranteeing the sustainability of public finances;
Amendment 128 #
2012/2257(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Is concerned about the fact that the European Parliament and, national parliaments, social partners and the civil society continue to play a limited role in the European Semester; hHighlights the fact that policy guidance in the AGS initiated by the Commission, and to be endorsed by the European Council, lacks parliamentary and civil involvement and, therefore, democratic legitimacy;
Amendment 142 #
2012/2257(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses the need to undertake the necessary reforms in order to guarantee the sustainability of the pensions systems; bBelieves that retirement age should be linked to the evolution of the healthy life expectancy, but recalls that there is still scopmargin of manoeuvre to raise the actualeffective retirement age without raising the mandatory retirement age by reducing early exit from the labour market; bBelieves that, if actual retirement ages are to be raised successful to successfully higher effective retirement ages, reforms in pension systems, notably to restrict access to early, reforms in pension systemstirement schemes and other early exit pathways, need to be accompanied by policies that develop employment opportunities for older workers' access to life-long learning, and introduce tax benefit policies giving incentives to stay longer at work, and support active healthy ageing must become obligatory provided;
Amendment 145 #
2012/2257(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Welcomes the attention given ton exploitation of the job-creation potential of key sectors such as the green economy, health and social care (the so called white sector), and the ICT sector in the AGS priorities for 2013; cCalls on the Commission and the Member States to support initiatives that facilitate the development of theses sectors with high employment potential;
Amendment 152 #
2012/2257(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Calls on the European Commission that Social Entrepreneurship should be strongly supported under the Multi Annual Framework 2014-2020, as there is an evident high potential for new jobs and innovative growth;
Amendment 171 #
2012/2257(INI)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Calls on the EU and Member States to foster cooperation and synergies between the education and -training sector and enterprises to anticipate skills' needs and adapt education and training systems to the needs of the labour market, with the aim ofobjective to providinge the workforce with the necessary skills, accordingly to changing working environments and individual needs of ageing workforce, and facilitatinge the transition from education and training to work;
Amendment 181 #
2012/2257(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Calls on the Commission and the Member States to address the low level of labour market participation of people aged from 55-65, disadvantaged groups, including people belonging to minorities (e.g. Roma) and people with disabilities;
Amendment 185 #
2012/2257(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Draws attention toRecalls about the increase in poverty and unemployment amongst all age groups; calls on the Commission and the Member States, therefore, too consequently adopt new commitments to address this situation, especially with regard to in-work poverty, poverty among people with limited or no links to the labour market, including long-term unemployed older workers and poverty among eolderly people;
Amendment 189 #
2012/2257(INI)
Motion for a resolution
Paragraph 64 a (new)
Paragraph 64 a (new)
64 a. Calls on the Member states to ensure decent housing and access to adequate social services to all, notably to the vulnerable and disadvantaged groups;
Amendment 191 #
2012/2257(INI)
Motion for a resolution
Paragraph 73 a (new)
Paragraph 73 a (new)
73 a. Calls for an obligatory involvement of social partners and civil society to increase the adequacy and effectiveness of social policies;
Amendment 7 #
2012/2234(INI)
Motion for a resolution
Recital A – indent 4
Recital A – indent 4
- the moral obligation of the Member States to guarantee public (first-pillar) pensions - if needed, complemented by minimum income provisions - to proviwhich provide a secure basis for funding an adequate standard of living and quality of life and thus an independent, dignified life; statutory minimum pensions which cover people’s basic needs should be regarded a decent income above the poverty line for all citizenss a means of combating poverty, and thus as a form of social assistance, and not as part of a pay-as-you-go pension scheme;
Amendment 15 #
2012/2234(INI)
Motion for a resolution
Recital A – indent 6
Recital A – indent 6
- the need to consider linking the statutory retirement age to life expectancy while at the same time enabling workers to lead longer, healthier working lives with a view to extending working careers until the statutory retirement age, and beyond if individuals so wish;
Amendment 18 #
2012/2234(INI)
Motion for a resolution
Recital A – indent 9
Recital A – indent 9
- the need to grant all workers equal access to collective pension schemes operating in their firm or sector, and the need for citizens to be better informed about acquired pension entitlements, for example by means of a continually updated pension account combined with a pension tracking system;
Amendment 20 #
2012/2234(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the worst financial and economic crisis inacute sovereign debt crisis which has now lasted for decades has turned into an acute sovereign debt financial and economic crisis that has severely affected the pension incomes of millions of EU citizens;
Amendment 23 #
2012/2234(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the worst financial and economic crisis in decades has turned into an acute sovereign debt crisis that has severely affected the pension incomes of millions of EU citizens; whereas this crisis has shown that European economies are all interdependent and that it is no longer possible for any country to guarantee on its own the adequacy, safety and sustainability of its social protection systems;
Amendment 27 #
2012/2234(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the first cohort of the so-called ‘baby boom generation’ has reached pensionable age, causing the demographic challenge to no longer be a future challenge but today’s reality, causing the number of people aged 60+ to increase by more than 2 million per year – doubleeven set apart from the economic crisis, long-term demographic and productivity trends point to a low- growth economic scenario for Europe, with economic growth rates lower than those amount as compared tottained during previous decades;
Amendment 37 #
2012/2234(INI)
Motion for a resolution
Recital E
Recital E
E. whereas risingin countries with higher unemployment has hurt pay-as-you-go pension schemes suffer more, while funded systems are hit by disappointing financial markets returns or even major losses;
Amendment 46 #
2012/2234(INI)
Motion for a resolution
Recital F
Recital F
F. whereas retirement systems are a key element of the European social model which ensure a decent standard of living for people in old agend maintain the standard and quality of living by obtaining of the pension age, i.e. in line with the Article 1 of the European Charter of Fundamental Rights;
Amendment 47 #
2012/2234(INI)
Motion for a resolution
Recital F
Recital F
F. whereas retirement systems are a key element of the European social model which ensurare designed to offer older people a dsecent standard of living for people in old ageure basis for funding an adequate standard of living;
Amendment 65 #
2012/2234(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls the gender challenge regarding pensions; emphasises the need to improve gender equality at all ages and address the social impact of the shift from statutory pay-as-you-go to funded schemes and from defined contributions pension plans; underlines the urgency to address the poverty risk in particular among women, with no or inadequate access to individual or spousal pension rights, through the provision of a non- contributory income safety net in order to keep these women out of poverty;
Amendment 74 #
2012/2234(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises the likelihood of a long- term, low-growth economic scenario, which will require Member States to consolidate their budgets and reform their economies under austere conditions; subscribendorses, therefore, to the view expressedhe call made in the Commission’s White Paper that people will need to build up complementary occupational and if possible privateurging the Member States to reform their pension savingystems;
Amendment 78 #
2012/2234(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises the likelihood of a long- term, low-growth economic scenario, which will require Member States to consolidate their budgets and reform their economies under austere conditions; subscribes, therefore, to the view expressed in the Commission's White Paper that people will need to build up complementary occupational and ifndividual, possible private pension savings;
Amendment 87 #
2012/2234(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that first-pillar pensions remain the most important source of income for pensioners; calls on Member States to implement reforms to their first-pillar systems aligning contributory years to the changing ratio between pensioners and people in working age, also to prevent public pension costs crowding out other important government spending; calls on the Member States to ensure first-pillar pensions - if necessary complemented by minimum income provisions - to provipensions to provide a secure basis for funding an adequate standard of living and quality of life and thus an independent, dignified life; points out that statutory minimum pensions which meet people’s basic needs should be regarded a decent minimum incos a means of combating poverty, and thus as a form of social assistance, and not as part of a pay- as-you-go pension scheme;
Amendment 113 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – point i
Paragraph 4 – point i
i. a public, first-pillar, decent minimum pension pay-as-you-go pension which provides a secure basis for funding an adequate standard of living and quality of life and thus an independent, dignified life;
Amendment 119 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – point ii
Paragraph 4 – point ii
ii. a fsounded, employment-related, mandatory collective second, transparent, first-pillar state pension, preferably governed by (sectoral) social partners as the basis for funding an adequate standard of living;
Amendment 134 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – point iii
Paragraph 4 – point iii
iii. an individual third-pillar pension based on private saving funded, employment-related, optional collective second-pillar pension, preferably governed by the social partners;
Amendment 142 #
2012/2234(INI)
Motion for a resolution
Paragraph 4 – subparagraph 1
Paragraph 4 – subparagraph 1
notes, however, that the first pillar should be the most important and that proportionally greater attention should therefore be devoted to it; calls on the Member States to consider introducing such or comparable schemes where they do not yet exist; calls on the Commission to ensure any existing or future regulation in the field of pensions to be conducive to multi-pillar pension schemes;
Amendment 149 #
2012/2234(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recognises the importance of pension fundoccupational and individual pension providers as substantial and reliable long- term investors in the EU economy; emphasises their significance for achieving the Europe 2020 strategy's headline targets concerning economic growth, more and better jobs and attaining socially inclusive societies; urges the Commission not to jeopardise the investment potential of pension funds when introducing or changing EU regulations, especially when reviewing the directive on the activities and supervision of institutions for occupational retirement provision;
Amendment 159 #
2012/2234(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is of the opinion that to arrive at a comprehensive solution to the pension challenge, taking into account the need to work longer, to adapt working conditions and lifelong learning from youth to old age so as to enable people to work longer, consensus between governments and social partners is paramount – including beyond the statutory retirement age – on a voluntary basis, consensus between governments and social partners is paramount; considers that this should also be promoted by means of tax incentives, as this would create a win-win situation; calls on Member States to devise measures jointly with the social partners to make it possible to offer opportunities for such further training;
Amendment 172 #
2012/2234(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recommends that the Commission make arrangements for intergenerational participation and codetermination by means of the additional, binding involvement of representatives of the generations without party affiliations at the level of the social partners, or more precisely a European Youth Council and European Council of Older Persons, each comprising representatives of the interests of the young and the old at European level (in the same way as they used to be represented, for example, by the European Youth Forum and the AGE Platform Europe), which should be consulted on all decisions affecting these generations;
Amendment 185 #
2012/2234(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that implementing structural reforms aimed at having people work more and longer is the only feasible way to generate the tax revenues and social and pension premiums needed to consolidate Member State budgets and to fund adequate, safe and sustainable pension schemes; points to the risk ofexisting disadvantage of atypical employment contracts (e.g. part-time work) leading to only partial pension entitlements; calls on the Member States to put funds aside to combat the rising public costs of the retiring population;
Amendment 187 #
2012/2234(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Welcomes the Commission's last mention in the 2013 Annual Growth Survey of the need to reform pension systems; observes, however, that in many Member States priority should be assigned to aligning the actual retirement age with the statutory retirement age;
Amendment 198 #
2012/2234(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the acceleration of the pressure posed by demographic developments on national budgets and pension systems now that the first cohorts of the ‘baby boom generation’ retire; notes the uneven progress and levels of ambition across Member States in formulating and implementing structural reforms aimed at raising employment, phasing out early retirement schemes and putting both the statutory and effective retirement age on a sustainable footing with increases in life expectancy; welcomes the Commission’s recommendation that the retirement age for women be brought into line with that for men; stresses that Member States that fail to implement gradual reforms now may at a later stage find themselves in a scenario where they have to implement reforms shock-wise and with significant social consequences;
Amendment 199 #
2012/2234(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recommends that, if Member States link the statutory retirement age to rising life expectancy, they have it constantly adjusted by an institutionalised forum of experts comprising demographers, actuaries, etc., and the representatives of the generations; recommends that, for this purpose, very precise definitions be adopted, inter alia, of assessment criteria which are relevant scientifically and from the point of view of social policy (e.g. life expectancy, birth rate, labour market, immigration, health, economic dependency ratio, etc.);
Amendment 217 #
2012/2234(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on Member States to propose measures to facilitate longer, healthy and active working lives, for example age- appropriate working conditions, flexible organisation of work, more preventive health measures, stepping-up of lifelong learning, promoting the skills of older workers, cost-effective strategies to ensure the compatibility of work, private life and family life, and the like;
Amendment 220 #
2012/2234(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the social partners to adopt a life-cycle approach to human resources management and to adapt workplaces; calls on employers to come up with programmes to ensure that employees can work longer; calls on workers to engage actively in available training opportunities and and are also motivated to take advantage of them in order to keep themselves fit for the labour market at all stages of their working life;
Amendment 230 #
2012/2234(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Member States to act vigorously to realise the ambitions formulated in the EU Pact for Gender Equality (2011-2020) that focus on closing gender gaps and combat gender segregation and on promoting a better work-life balance for women and men– inter alia with regard to the disparity in wages, which is still excessive – and on promoting a better work-life balance for women and men; notes that, above all, this requires child care facilities to be provided; stresses that these objectives are key to raising female employment and to fighting female poverty in working and old age;
Amendment 232 #
2012/2234(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Proposes a generational check, which should objectively assess the impact of future legislative proposals on all generations – particularly younger and older people – in the legislative procedure. This should make it clear what consequences legislation will have for these generations; generational checks would play a particularly important part in legislative proposals that affect the pensions system;
Amendment 236 #
2012/2234(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Proposes that the younger and older generations, which feel the maximum impact of decisions, should be involved as statutory social partners, with equal rights, in order to ensure their active participation and codetermination in all generational issues; believes that this could guarantee the maximum consensus among all social groups and prevent conflicts in decision-making;
Amendment 238 #
2012/2234(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Welcomes the Commission’s objective of bringing the statutory retirement age for women into line with that for men;
Amendment 239 #
2012/2234(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Considers that ways much be found of bringing influence to bear so as to take account of the part of life devoted to caring for and looking after children of all ages and older persons who cannot care for themselves;
Amendment 246 #
2012/2234(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the call in the White Paper for developing funded, complementary occupational pensions and private savings; stresses, however, that the Commission should rather recommend collective mandatory occupational pension savingchemes, as collective (second pillar) pension systems − usually governed by (sectoral) social partners whilst governed by independent bodies which are publically accountable and include scheme members − allow for solidarity within and between generations, whereas individual schemes do not; stresses the need to start building up complementary occupational pension systems now, despite the crisis; whilst recognise and address the difficulty of some people to access these schemes;
Amendment 248 #
2012/2234(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the call in the White Paper for developing funded, complementary occupational pensions and private savings; stresses, however, that the Commission should rather recommend collective mandatosupplementary occupational pension savings, as collective (second pillar) pension systems - usually governed by (sectoral) social partners - allow for solidarity within and between generations, whereas individual schemes do not; stresses the need to start building up complementary occupational pension systems now, despite the crisis;
Amendment 254 #
2012/2234(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses the need to put in place a common European supervision and regulatory system for financial markets and institutions in view of creating an environment that will enable every Member State to provide adequate protection of supplementary pensions systems and individual savings; stresses the need to develop EU rules for investment practice and prudent management of DC schemes, including life-styling portfolios, minimum return guarantees, protection of pension outcome when pay-out phase falls during economic and financial downturns and equal treatment through gender neutral life annuities;
Amendment 259 #
2012/2234(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 262 #
2012/2234(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Emphasises that collective occupational pension schemes should be held with low operating costs;
Amendment 271 #
2012/2234(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Regrets the wide dispersion in characteristics and outcomes across Member States’ occupational pension schemes as regards access, solidarity, cost- effectiveness, risk and return; welcomes the Commission’s intention, in close consultation with the Member States, social partners, the pension industry, generational representatives of young people and older people, and other stakeholders, to develop a code of good practice for occupational pension schemes;
Amendment 284 #
2012/2234(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls on the Commission, since assertions taken as a basis for proposals in some cases are unbalanced, factually incomplete and unrepresentative, to reassess and resubmit the grounds on which the proposals were based;
Amendment 115 #
2012/2132(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on member states to increase cooperation and coordination in the framework of the contact committee as established under Article 29 of the AVMSD, in order to increase implementation efficiency and coherence;
Amendment 103 #
2012/2131(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises the importance of needs- orientated migration and integration by qualified people, and calls on the Commission and the Member States, together with their regions and municipalities, to introduce a joint system of coordination at European level to identify labour-force needs and, particularly by compiling lists of occupations in deficit, in order to direct labour migration more effectively;
Amendment 116 #
2012/2131(INI)
Motion for a resolution
Paragraph 12 (new)
Paragraph 12 (new)
12a. Stresses that the particularly low level of youth unemployment in certain Member States is due first and foremost to the dual education system which exists in these countries; takes the view that there is a clear link in the European Union between this low level of youth unemployment and a well-developed dual education system; notes that those who have completed an apprenticeship have the advantage of obtaining job experience during their training, which facilitates the entry of young people – and thus also those from migrant backgrounds – into the labour market;
Amendment 140 #
2012/2131(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for migrants to be prepared for the domestic labour market right at the start of their period of residence; points in this connection to best practice in the field of integration of mentees into the labour market, e.g. mentoring for migrants, integration pilots and ‘migrants for migrants’, as well as the provision of help and encouragement for migrants’ school- age children and of support for start-ups by qualified people from migrant backgrounds;
Amendment 158 #
2012/2131(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recognises the potential of circular (labour) migration for producing a ‘triple win situation’ in which migrant, guest country and home country all benefit, and calls on the Member States to open the door to this type of migration; in the interest of a positive integration climate; regards the integration of qualified people from migrant backgrounds as essential in order to guarantee a qualified workforce for the economy and contribution payments for the social security system; takes the view that this will also confer competitive advantages thanks to cultural diversity (knowledge of languages, experience abroad, mobility, etc.);
Amendment 160 #
2012/2131(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Regards it as necessary, in view of demographic change and rising global competition, to promote social innovation and to further promote new approaches for dealing with old-established practices;
Amendment 29 #
2012/2098(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points to the important contribution CSR can make in creating opportunities for learning and growth, civic commitment and social integration by way of high-level interaction with society, as well as intergenerational activities such as mutual mentoring and know-how transfer between old and young;
Amendment 29 #
2012/2097(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Points to the important contribution CSR can make in creating opportunities for learning and growth, civic commitment and social integration by way of high-level interaction with society, as well as intergenerational activities such as mutual mentoring and know-how transfer between old and young;
Amendment 35 #
2012/2097(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that an active awareness of social responsibility brings businesses greater trust and social acceptance;
Amendment 39 #
2012/2097(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Agrees, nevertheless, with the analysis set out in the communication to the effect that CSR practices are still largely confined to a minority of big companies; CSR can, however, be introduced to companies of whatever size and in whatever sector: multinationals and SMEs alike. Small businesses can also play a major role locally in sustainable regional development; this must, however, entail the minimum amount of administration;
Amendment 81 #
2012/2097(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Strongly supports the recognition, in the Commission communication, that ‘helping to mitigate the social effects of the current crisis’ is part of the social responsibility of enterprises; calls on businesses to undertake initiatives for youth job creation in all areas of activity (such as management and training, markets, staff, environment and society) as a practical example of their commitment;
Amendment 145 #
2012/2097(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Supports a formal examination of the ‘Solidarité proposal’ for an inter- institutional human resources programme in the EU institutions to facilitate the involvement of the institutions’ staff and trainees in volunteering, humanitarian and social activities, both as part of staff training and volunteering in their own time; taking into account that the proposed programme is cost saving and highly value-adding and would help to promote as well as implement EU policies and programmes;
Amendment 148 #
2012/2097(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. The Lisbon Treaty heralds solidarity as one of the founding values of the EU. It aims to ensure belonging, cooperation and active citizenship across the Union. At the same time, however, the need pointed out by the Laeken Declaration in 2001 that the EU Institutions be brought closer to the Union’s citizens is an ongoing call, and, faced with the challenges of the present world, EU officials need to be integrally in touch with society and reality.
Amendment 176 #
2012/2097(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Fully supportWelcomes the Commission's intention to put forward a legislative proposal on ‘'non-financial disclosure’' by businesses; warns that use of the term ‘non-financial’ should not disguise the very real financial consequences for business of social, environmental and human-rights-related impact; calls for an ambitious proposal which places the EU right among the many current international initiatives on mandatory corporate sustainability reporting and squarely withhowever, reporting on 'non-financial issues" should remain flexible and a choice of each business according the objective of making Integrated Reporting, as being developed by the IIRC, the global norm by the end of the decadeo its needs and strategy;
Amendment 193 #
2012/2097(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Agrees that there cannot be a ‘'one size fits all’' approach to CSR but,; recognisinges that the profusion ofvarious public, private and voluntary initiatives can generate additional costs and be a barrier to implementation,awareness on the importance of CSR policies; calls on the Commission, together with other international bodies, to make a commitment to supporting the long-term objective of ‘convergence’'internalisation' of CSR iInitiatives within the business community;
Amendment 207 #
2012/2097(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States.Calls on the Commission to safeguard established, well-functioning CSR- initiatives by introducing a CSR-Test, which shall assess the impact of forthcoming legislative and administrative initiatives on CSR measures and take relevant results into account when designing proposals;
Amendment 208 #
2012/2097(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Welcomes, for the sake of sustainability, obligations imposed on market operators and calls on the Commission to monitor and evaluate CSR initiatives.
Amendment 2 #
2012/2092(BUD)
Draft opinion
Section 1 – paragraph 6
Section 1 – paragraph 6
6. Supports the Ombudsman's request for an increase in appropriations for contract agents in order to reinforce the Registry Unit, whose tasks have been extended with handling complaints which are outside the Ombudsman's mandate; stresses that the Ombudsman’s planned cut in appropriations for internships, so as to offset the increases in appropriations made necessary by the expansion of the Registry Unit, should not have an adverse impact on the value of the training provided through internships or on the working conditions of young interns;
Amendment 1 #
2012/2049(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the annual report on the European Ombudsman’s activities in 2011 was formally submitted to the President of Parliament on 22 May 2012, and whereas the Ombudsman, Mr Nikiforos Diamandouros, presented the report to the Committee on Petitions in StrasbourgBrussels on 19 June 2012;
Amendment 2 #
2012/2049(INI)
Motion for a resolution
Recital D
Recital D
D. whereas pursuant to Article 298 of the TFEU the EU institutions, bodies, offices and agencies ‘shall have the support of an open, efficient and independent European administration’ and whereas the same article provides for the adoption, to that end, of specific secondary legislation, in the form of regulations, applicable to all areas of EU administration;
Amendment 3 #
2012/2049(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that in over 65 % of the complaints that the Ombudsman dealt with, he was able either to open an inquiry or to refer the complainant to a competent body, such as a member of the European Network of Ombudsmen, SOLVIT, another complaint-handling body or the Parliament’s Committee on Petitionswhich includes Parliament’s Committee on Petitions, the Commission or another complaint- handling body (e.g. SOLVIT); notes that the Committee on Petitions in 2011 received 59 complaints from the Ombudsman;
Amendment 4 #
2012/2049(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Highlights the fact, that despite some progress in recent years, the proportion of processed complaints which actually fell within the Ombudsman’s remit was, again in 2011, relatively low, approximately 27%, and that consideration should therefore be given to more comprehensive and proactive public awareness raising – particularly in close cooperation with national and regional ombudsmen, the European Parliament and the Commission – about the Ombudsman’s sphere of responsibility;
Amendment 5 #
2012/2049(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Welcomes the Ombudsman’s sustained and constructive efforts, through the production of relevant publications, for example, to facilitate the drafting of a Regulation on the European Union's general administrative procedures; stresses that such legislation, which should provide for legally binding minimum standards of quality and procedural guarantees in all spheres of direct EU administration, could be based on Article 298 TFEU and that the Ombudsman ought to be closely consulted on its actual drafting;
Amendment 7 #
2012/2049(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. ConsidersNotes with satisfaction that the Ombudsman has exercised his powers in an active and balanced way, in a spirit of critical consensus and close cooperation with the other EU bodies, during the reporting period;
Amendment 3 #
2012/2044(INI)
Draft opinion
Article 3
Article 3
3. Welcomes the positive role played byof SOLVIT, Your Europe Advice, the Enterprise Europe Network, the European Consumer Centres, the Europe Direct Contact Centre and the European Employment Service in providing solutions to real problems in the iInternal mMarket; cCalls on the Commission to find ways to improve coordination between these services and, to avoid duplication of efforts and resources and, first and foremost, to enhance public awareness of all these services including their respective scope of responsibility so as to make citizens clearly understand which of the services they should address in a given situation;
Amendment 5 #
2012/2044(INI)
Draft opinion
Article 4
Article 4
4. Calls on the Commission to focus on delivering a single live point of contact for citizens and consumers through the European Commission’s representative offices in each Member State; takes the viewconsiders that a single live point of contact in each Member State, would truly help to make the internal market more accessible tohich should carry out its work in close cooperation with the European Parliament's information offices in order to secure a comprehensive one-stop-shop for every individual citizen, would truly help increase the accessibility of the Internal Market for citizens, consumers and businesses;
Amendment 11 #
2012/2044(INI)
Draft opinion
Article 8a (new)
Article 8a (new)
8a. Encourages the Commission and Member States to focus their information campaigns during the European Year of Citizens 2013 on the areas of those concerns that relate to rights based on EU-citizenship as they, on the basis of the selection methodology of the report, truly reflect what matters most to EU-citizens in their everyday live in the Internal Market;
Amendment 59 #
2012/2042(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recognises that the internationalisation of SMEs can contribute to greater employment in the European Union and emphasises that internationalisation is a process and that, in order to be successful, SMEs not only require support services in third markets, but also at local level; in addition, administrative and bureaucratic obstacles should be avoided; all EU initiatives must comply with the principle of subsidiarity and should offer a clear additional benefit;
Amendment 3 #
2012/2024(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that, after the entry into force of the Treaty of Lisbon, the right to good administration is a fundamental right of citizens and ‘soft law’ administrative procedures, which can be modified unilaterally by the institution concerned, cannot sufficiently protect the individual’s right to good administration; however, they will retain their importance for an overall culture of good administration as an addition to ‘hard law’ provisions;
Amendment 6 #
2012/2024(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to guarantee the right to good administration by an open, efficient and independent European administration, with the right to good administration, as defined by Article 41 of the Charter of Fundamental Rights and subject to the general restrictions of Article 51, being understood as everyone’s right to have his or her affairs handled impartially, fairly and within a reasonable time;
Amendment 11 #
2012/2024(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the CommissionStresses the urgent need to introduce an appropriatmore extensive administrative provisregulation s for the procedure applicable under current Regulation No 1049/2001 on public access to documents held by the EU institutions adopted on the basis of Article 15 TFEU; similarly,, with particular regard to codifying the relevant case law of the European Court of Justice and extending the scope of the Regulation to the whole of the EU’s administration; similarly, more effective provisions ought to exist concerning the procedure applicable to the processing of personal data – particularly regarding implementation of the citizens’ rights guaranteed therein – under current Regulation No 45/2001, laying down rules relating to the protection of individuals with regard to the processing of personal data adopted on the basis of Article 16 TFEU; acknowledges, however, that the regulations mentioned led to the codification of two areas of general EU administrative law which has already enabled relatively clear administrative procedures to be introduced, and that the further development of these should build on what has been achieved.
Amendment 12 #
2012/2024(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Considers that generally applicable rules are necessary in order to guarantee the procedural rights – such as the right to be informed and the right to be heard – of natural or legal persons when a decision is taken on a matter in which they can be considered a party and which implies legal effects on the person or entity concerned, and regarding the right to access one’s own files;
Amendment 13 #
2012/2024(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Calls on the Commission to introduce a specific administrative provision for the infringement procedure based on Article 258 TFUE, in order to prevent any possibility of abuse of power and arbitrary decisions; asks forconsiders that such a provision should regulate the whole relationship between the Commission and a citizen or an undertaking who/which submits a complaint which may lead to an infringement procedure, thereby strengthening primarily the position of the individual complainant; regards it as particularly advisable that the Committee on Petitions to be provided with clear information on the stages reached in infringement procedures covered by an open petition in order to ensure parliamentary scrutiny of the fundamental right to petition the European Parliament;
Amendment 17 #
2012/2024(INI)
Draft opinion
Paragraph 12
Paragraph 12
12. Considers that EU citizens should expect a high level of transparency, efficiency and swift execution from the Commission, regardless of whether they are making a formal complaint or exercising their right of petition under the Treaty.
Amendment 19 #
2012/2024(INI)
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to engage in sufficient consultation with all relevant actors when drawing up a regulation on the introduction of general EU administrative procedures and in particular to make use of the special knowledge and expertise of the European Ombudsman, since it is to him that public complaints about abuses in the bodies and institutions of the EU are made;
Amendment 20 #
2012/2024(INI)
Draft opinion
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Considers that the Commission should also investigate the use of a further extension of IT-based services under the regulation; recalls in this regard systems such as EU Pilot, which are already successfully proving that not only is the potential of IT-supported administrative procedures not limited to new online information systems but can also encompass interactive ‘settlement systems’ between administrative authorities and also between the authorities and citizens;
Amendment 21 #
2012/2024(INI)
Draft opinion
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Calls on the Commission when drawing up a general administrative act to increase public awareness of the right of EU citizens to good administration, including through its relevant information services and networks (such as Europe Direct); stresses that such information initiatives should also take into account the appeal procedures in the event of a presumed violation of the right to good administration and, in particular, the specific limits of these procedures, as laid down, for example, in Article 228 TFEU on the European Ombudsman; is convinced that constructive public pressure will result from increased knowledge and awareness of citizens concerning this right and the associated complaints procedures, and this may be conducive to the formation of an open, efficient and independent administration in everyday affairs.
Amendment 22 #
2012/2004(INI)
Motion for a resolution
Recital C
Recital C
C. whereas social business itself is not recognised by a legal framework at either European or national level; level and is only recognised at national level in a small number of Member States;
Amendment 55 #
2012/2004(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission Communications ‘Social Business Initiative’ and ‘Towards a job-rich 1 Ibid. 2 Ibid. recovery’12 with recommendations to national governments on job creation – especially in the fast-growing sector forarea of health and social care (the so-called white sector) and in the environmental areas (the so-called green sector) – that offer new chances to social business;
Amendment 64 #
2012/2004(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. States that social business is part of the eco-social market economy and the European Single Market and has showedpoints to their high resilience against theto crises;
Amendment 70 #
2012/2004(INI)
Motion for a resolution
Paragraph 3 – introductory part
Paragraph 3 – introductory part
3. Points out thatBased on the regulation proposed by the European Commission in relation two terms should be distinguishedhe European Social Entrepreneurships Fund (EuSEF), points out that a distinction should be made between the following two terms:
Amendment 77 #
2012/2004(INI)
Motion for a resolution
Paragraph 3 – point B
Paragraph 3 – point B
B. Social enterprises: the acting and operating institutions and organisations in the social business economy, in the form of either welfare organisations, private enterprises, associations, cooperatives, mutuals or foundationnew forms of enterprise; Their objectives, which are consistent with the business, have a social impact that can be quantified by means of performance indicators. They provide goods and services in an enterprising and innovative way. Profits are mainly reinvested to further promote their social objectives and are managed in a transparent way, e.g. through the inclusion of workers, customers and stakeholders;
Amendment 80 #
2012/2004(INI)
Motion for a resolution
Paragraph 3 – point B a (new)
Paragraph 3 – point B a (new)
Ba. maintains that the distribution of profits is permissible while still adhering to the objectives of social enterprise and its social impact and points out that, even if they do not offer any social products or services directly, the business activities of a social enterprise can also entail indirect social components; for example efforts to include and integrate marginalised groups in the working environment, the provision of assistance with social education or the (re)integration of people with disabilities through training and sheltered workshops;
Amendment 88 #
2012/2004(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises that activities carried out by volunteers constitute an important contribution to welfare organisations and solidarity, and give many people a meaning in life; asks, therefore, for financial support on local, national and European level;
Amendment 98 #
2012/2004(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that social business does not necessarily need to be not-for-profit; underlines, at the same time, the social value provided by welfare organisationsocial enterprises and the need to preserve it;
Amendment 106 #
2012/2004(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. States that social welfare enterprises or organisations should not be exposed to unregulated competition, which may be the result if profit-oriented enterprises focus on lucrative areas, which are mostly urban, so that other areas, which are mostly in rural or peripheral areas – where logistic hinders incur higher costs – become more and more reliant on so-called ‘services for poor people’;
Amendment 118 #
2012/2004(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the need for young entrepreneurs to engage in social business and exploredevelop new forms of social businessentrepreneurship; calls, therefore, for better access for young entrepreneurs to Community programmes and funding (e.g. Erasmus for Young Entrepreneurs, etc.);
Amendment 136 #
2012/2004(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that mutual societies should, by means of a European statute, be recognised as a distinct and important actor within the European economy and society; regrets that no mutuals representatives are included in the set-up of an expert group on social business in order to examine the progress of the measures envisaged in this Communication;
Amendment 139 #
2012/2004(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Underlines the importance of creating a European statute for clubs;
Amendment 146 #
2012/2004(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the adoption of a revised package of EU state-aid rules concerning social and local services of general interest;
Amendment 158 #
2012/2004(INI)
Motion for a resolution
Subheading 3
Subheading 3
Amendment 164 #
2012/2004(INI)
Motion for a resolution
Paragraph 16 – indent 1
Paragraph 16 – indent 1
Amendment 170 #
2012/2004(INI)
Motion for a resolution
Paragraph 16 – indent 2
Paragraph 16 – indent 2
Amendment 186 #
2012/2004(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 193 #
2012/2004(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 203 #
2012/2004(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Clarifies that while the notion of corporate social responsibility (CSR) should be distinguishedviewed separately from that of social business, despite the fact that some commercial businesses with significant CSR activities can have a strong interaction with social business;
Amendment 220 #
2012/2004(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. UnderlinesBelieves it to be essential that access to European funding must be simplified, and that more funding opportunities should be better disseminated through transparent information platformsmade available and clearly advertised and, in addition, that organisational and administrative matters should be simplified;
Amendment 226 #
2012/2004(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on Member States to provide increased funding at both national and regional level;
Amendment 227 #
2012/2004(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Underlines the need to include social enterprises in research projects such as the Seventh Framework Programme (FP7) and Horizon 2020 in the context of social challenges;
Amendment 229 #
2012/2004(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for a study, initiated by the Commission and carried out in cooperation with social enterprises, of the various national and regiional legal frameworks and operating conditions for social enterprises, including certification and labelling systems;
Amendment 240 #
2012/2004(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Supports the Commission’s proposal to set up a multilingual online platform for social enterprises that should, inter alia, enable the exchange of best practicetried-and-tested models, facilitate information-sharing about access to funding and serve as a network for cross-border cooperation;
Amendment 246 #
2012/2004(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Supports the European Commission’s proposal to set up an expert group on social business (GECES) in order to examinemonitor and assess the progress of the measures envisaged in this Communication;
Amendment 270 #
2012/2004(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Points out that social business requires a maximum of support and acceptance, and calls for a broad information campaign, supported by the European Commission and the Member States, to be launched by means of introducing a multilingual online- platform that provides quick and easy information for citizens seeking for social products and services, and which gives a good overview of the activities and added value of this sector;
Amendment 273 #
2012/2004(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Supports the establishment of a ‘European Prize for Social Entrepreneurship’ to recognise social effects;
Amendment 83 #
2012/2003(INI)
Motion for a resolution
Paragraph 5 – point c
Paragraph 5 – point c
c) invest in lifelong education and training for all age groups,
Amendment 103 #
2012/2003(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on Members States and the Commission to take steps to develop a job- friendly environment with supportive labour market policies, such as more effective and better targeted unemployment and social assistance benefit systems linked to employment activation measures, to introduce special training and re-training in order to sustain the employability of the long- term unemployed, and to promote lifelong up- skilling and on-the-job training with particular emphasis on unemployed young persons and on workers with low skillsfor people, whatever their stage in life and chosen career;
Amendment 117 #
2012/2003(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on Member States and the Commission to take all possible measures to improve education systems at all levels by: putting strong emphasis on early childhood development strategy; preventing early-school-leaving; improving secondary education and introducing guidance and counselling, providing better conditions for students successfully to access tertiary education or to gain direct access to the job market; developing instruments aimed at better anticipating future skills needs (for example in the care, health and environmental sectors) and at strengthening cooperation between educational institutions, business and employment services, facilitating a future, practically-based system of professional training based on the dual education system as practised in Austria, Germany and Denmark; improving recognition of professional qualifications as well as developing National Qualifications Frameworks;
Amendment 136 #
2012/2003(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Encourages Member States to introduce necessary reforms in order to increaseadjust the statutory retirement age for men and women to reflect increasing life expectancy and limit early retirement possibilities, and to combine this with the constant improvement of working conditions and the implementation of lifelong training schemes enabling longer professional careers;
Amendment 132 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b – introductory part
Article 1 – paragraph 1 – point 6 – point b – introductory part
2012/0297
Articles 7 and 8
Articles 7 and 8
(b) the following paragraphs 7 isand 8 are added:
Amendment 135 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
2011/92/EU
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. Regardless of any ongoing specific project subject to an environmental impact assessment, Member States shall ensure that contact information of and easy and quick access to the authority or authorities usually responsible for performing the duties arising from this Directive be available to the public at any time.
Amendment 151 #
2012/0297(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
2011/92/EU
Article 9 a (new)
Article 9 a (new)
(9a) The following article is added after Article 9: "(9a) Member States shall ensure that the competent authority or authorities, when performing the duties arising from this Directive, do not find themselves in a conflict of interest pursuant to any legislation binding upon them."
Amendment 228 #
2012/0061(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. In case the provisions of this enforcement directive are more specific or go beyond the principles established by Directive 96/71/EC, the provisions of 96/71/EC do not prevail.
Amendment 242 #
2012/0061(COD)
Proposal for a directive
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) "posted" worker means a worker who, for a limited period of time, carries out his work in the territory of a Member State other than the State in which he normally lives and usually works for his employer in the context of service provision;
Amendment 249 #
2012/0061(COD)
Proposal for a directive
Article 3 – title
Article 3 – title
Amendment 258 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – introductory part
Article 3 – paragraph 1 – subparagraph 1 – introductory part
1. For the purpose of implementing, applying and enforcing Directive 96/71/EC the competent authorities shall take into account factual elements characterising the activities carried out by an undertaking in the State in which it is established in order to determine whether it genuinely performs substantial activities, other than purely internal management and/or administrative activities. Such elements may includeemployer shall communicate to the competent authorities the following information:
Amendment 272 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point a
Article 3 – paragraph 1 – subparagraph 1 – point a
(a) the place where the undertaking has its registered office and administration, uses office space, pays taxes, and social security, has a professional licence or is registered with the chambers of commerce or professional bodies,
Amendment 288 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 – point d
Article 3 – paragraph 1 – subparagraph 1 – point d
(d) the place where the undertaking performs its substantial business activity, including the conclusion of the majority of its contracts with clients, and where it employs administrative staff,
Amendment 316 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
In order to assess whether a posted worker temporarily carries out his or her work in a Member State other than the one in which he or she normally works, all factual elements characterising such work and the situation of the worker shall be examined by the competent authority.
Amendment 323 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Article 3 – paragraph 2 – subparagraph 2 – introductory part
Such elements mayshall include:
Amendment 348 #
2012/0061(COD)
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2 – point c
Article 3 – paragraph 2 – subparagraph 2 – point c
(c) the posted worker returns and/or is expected to resume working to the Member State from which he/she is posted after completion of the work or the provision of services for which he or she was posted;
Amendment 432 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) make the information available to workers and service providers in English and other most relevant languages other than the national language(s) of the country in which the services are provided, if possible in summarised leaflet form indicating the main labour conditions applicable and upon requests in formats accessible to persons with disabilities; and indicates the complaints authority to which the posted worker can refer in case of non-compliance;
Amendment 440 #
2012/0061(COD)
Proposal for a directive
Article 5 – paragraph 2 – point e
Article 5 – paragraph 2 – point e
(e) indicate, if possible, a contact person at the liaison office in charge of dealing with requests for information; and makes sure that all necessary information is made available for the posting company and posted workers;
Amendment 531 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States may only imposeshall impose at least the following administrative requirements and control measures:
Amendment 583 #
2012/0061(COD)
Proposal for a directive
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) an obligation possibility to designate a contact person to whom the competent authorities of the host Member State can directly address themselves to negotiate, if necessary, on behalf of the employer with the relevant social partners in the Member State to which the posting takes place, in accordance with national legislation and practice, during the period in which the services are provided.
Amendment 706 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – introductory part
Article 12 – paragraph 1 – subparagraph 1 – introductory part
1. With respect to the construction activities referred to in the Annex to Directive 96/71/EC, for all posting situations covered by Article 1(3) of Directive 96/71/EC, the Member States shall ensure on a non–discriminatory basis with regard to the protection of the equivalent rights of employees of direct subcontractors established in its territory, that the contractor of which the employer (service provider or temporary employment undertaking or placement agency) is a direct subcontractor can, in addition to or in place of the employer, be held liable by the posted worker and/or common funds or institutions of social partners for non-payment of the followMember States shall take the necessary measures to ensure that a company that is instructing another company directly with the provision of services on its behalf is held liable for its direct subcontractor regarding:
Amendment 723 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 – point a a (new)
Article 12 – paragraph 1 – subparagraph 1 – point a a (new)
(aa) any outstanding travel, board and lodging/accommodation costs unduly withheld by the employer.
Amendment 747 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 748 #
2012/0061(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 818 #
2012/0061(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Member States may continue to apply bilateral arranggreements concerning administrative cooperation between their competent authorities as regards the application and monitoring of the terms and conditions of employment applicable to posted workers referred to in Article 3 of Directive 96/71/EC, in so far as these arrangements do not adversely affect the rights and obligations of the workers and companies concerned.
Amendment 24 #
2011/2320(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Instructs the European Council to integrate the following messages into its policy guidance for the European Semester 2012, and calls on the Member States, on basis of the worst economic crises of the European Union ever, to implement without any delay the necessary national reform programmes as well as essential budget consolidations;
Amendment 61 #
2011/2320(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the European Council to make tackling youth unemployment a priority and on Member States to develop comprehensive strategies for young people who are not in employment, education or training; calls on Member States to introduce a Youth Guarantee, securing the right of every young person in the EU to be offered a job, an apprenticeship, additional training or combined work and training after a maximum period of 4 months' unemployment; stresses the importance of reducing precarious employment among young people; points to the successful "Dual Vocational Training" which still ensures the highest employment rate among young people in the European Union;
Amendment 85 #
2011/2320(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Member States to create age-friendly working conditions thato enable older workers who so choose to participate and remain in the labour market, by combating age discrimination, replacing incentives for older workers to leave the labour market with incentives for an inclusive labour market and adapting working conditions to the needs of older workers, such as putting in place the right to flexible working time and place of work, the right to training and the right to a flexible exit into retirement; believes that occupational health prevention should ensure an active ageing during and after work-life;
Amendment 96 #
2011/2320(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to invest in education, training, lifelong learning and informal and non-formal learning, and for all age groups and support mobility of workers; warns of the long-term social and economic costs of cuts in education budgets;
Amendment 5 #
2011/2317(INI)
Motion for a resolution
Recital B
Recital B
B. whereas – subject to Protocol 30 of the Treaty – the Charter of Fundamental Rights has become legally binding since the entry into force of the Lisbon Treaty on 1 December 2009; whereas the Lisbon Treaty also establishes the legal basis for the EU to accede to the European Convention on Human Rights, as well as establishing an instrument for direct democracy for the first time on a European level through the European Citizens’ Initiative;
Amendment 15 #
2011/2317(INI)
Motion for a resolution
Recital E
Recital E
E. whereas European citizens and residents have legitimate expectations that the issues they raise with the Committee on Petitions may find a solution within the legal framework of the European Union and within a reasonable timeframe, which they look upon to defend their natural environment, health, freedom of movement, dignity and fundamental rights;
Amendment 24 #
2011/2317(INI)
Motion for a resolution
Recital G
Recital G
G. considering that, despite the increasing number of petitions, individuals and local communities, as well as voluntary associnon- governmental organisations and businesses, are still not sufficiently well placed to assess the actual effectiveness of European legislation as it applies to them, and to signaldespite the fact that it applies to them; whereas further information measures on the impact of European legislation on the daily lives of citizens are necessary, so as to be able to signal to citizens possible loopholes that need to be analysed in order to ensure better and comparable implementation of EU law in all the Member States;
Amendment 55 #
2011/2317(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes, therefore, that this role and responsibility should lead Parliament to consider ways of revitalising this fundamental part of parliamentary work both in terms of its visibility and in terms of improving its ability to raise issues of importance to European citizens in plenary, as well as by reinforcing its competence to call witnesses and investigate more independently issues raised by citizens; with regard to the visibility of the petition procedure, calls on the Commission to more actively advertise the right of petition through its offices in the Member States and its decentralised information networks (e.g. Europe Direct);
Amendment 58 #
2011/2317(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls, in the context of the European Citizens’ Initiative, that organising the public hearings relating to successful initiatives as set down in Article 11 of Regulation (EC) 211/2011 on the Citizens’ Initiative requires the direct and automatic inclusion of the Committee on Petitions as the body with the greatest procedural expertise in the area of direct contact with the public and the holding of public hearings, as well as ensuring a uniform procedure for all successful citizens’ initiatives; emphasises at the same time that the difference between a normal petition according to Article 227 TFEU and a citizens’ initiative must nonetheless be clearly apparent to the public, even in internal parliamentary matters of procedure;
Amendment 70 #
2011/2317(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that more precise, written procedural rules in relation to the preparation, implementation and evaluation of delegation visits within the Committee could lead to greater efficiency and consistency in the work of the Committee on Petitions;
Amendment 99 #
2011/2317(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls the large number of petitioners who contact the Committee on Petitions with their individual complaints in relation to youth and family welfare matters in Germany and, in particular, Germany’s youth welfare offices, and emphasises the determination of the Committee to make a constructive contribution to the investigation of the complaints between the petitioners and the authorities within its own area of competence and that of the European Union; points out that this must not involve any intervention in internal independent administrative procedures in Member States;
Amendment 5 #
2011/2275(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that citizens, when submitting a petition to the European Parliament, expect to be protected by the provisions of the Charter, regardless of which Member State they reside in and whether or not EU law is being implemented; remains concerned, in this regard, that citizens feel misled about the actual scope of application of the Charter; considers it essential, therefore, to explain properly the subsidiary principle and to clarify the scope of application of the Charter from Parliament’s perspective on the basis of Article 51 of the Charter;
Amendment 7 #
2011/2275(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that a significant number of the petitions relating to fundamental rights concern the free movement of persons and that – as is clear from the 2010 report on citizenship of the European Union – the rights arising from citizenship of the European Union are an important prerequisite for citizens to make full use of the internal market; emphasises that this increased use by citizens can unlock the significant growth potential of the internal market and therefore, given the current economic challenges facing Europe, reiterates its call on the Commission and Member States to make greater efforts in this area to ensure the full and prompt transposition of European Union law;
Amendment 14 #
2011/2275(INI)
Draft opinion
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Reiterates that individual complaints by businesses and members of the public remain the main source for detecting breaches of European Union law and, subsequently, for the initiation of infringement proceedings; for this reason, calls for the introduction of more effective, legally binding administrative provisions to safely and reliably define the procedural relationship between the Commission and complainants before, during and after the infringement proceedings, and to thus strengthen above all the position of the individual complainant;
Amendment 64 #
2011/2191(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Invites the Government to further encourage the return of refugees and improvement of their living and working conditions by seeking effective and sustainable ways of implementing housing, employment and social measures and any other social and economic recovery projects in a manner coherent with other social and employment programmes;
Amendment 84 #
2011/2191(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Calls on the Croatian authorities to pursue further efforts to reform Croatia’s social system in order to improve its cost- effectiveness and secure sustainability of public finances;
Amendment 48 #
2011/2182(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the greatest obstacles to exercising active Union citizenship are a lack of awareness on the part of individuals of their rights as Union citizens and a lack of clearly structured, widely known information services; whereas consequently, in the context of Union citizenship, nothing can have higher priority than informing citizens about their rights on a broad, solid and efficient basis, thereby permanently closing the gap between citizens and institutions; whereas, consequently, any Commission action to strengthen Union citizenship must start by first tackling this problem and must be given adequate budget funding;
Amendment 49 #
2011/2182(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the governments of the Member States must be held to account to an even greater extent, in many respects, for the removal of all remaining legal and administrative obstacles preventing European citizens from exercising their rights as Union citizens, but in particular for advising them of their rights;
Amendment 56 #
2011/2182(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that, although the right to petition the European Parliament is expressly provided for in the Treaties, it is not sufficiently well known or used, and therefore calls for citizens to be improvided with improved informationdistribution of information for citizens about their right to petition, in particular through European Parliament offices in the Member States; further calls on the Commission to do more to advertise the right of petition through its offices in the Member States, its decentralised information networks (e.g. Europe Direct) and all organisations working with the Commission and the European Parliament (e.g. social partners and other interest groups) in order to reach as many citizens as possible;
Amendment 69 #
2011/2182(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the right of EU citizens living in a Member State other their Member State of origin to vote in elections and stand for election, in both European Parliament and local authority elections, is the most tangible political Union citizen’s right for cross-border workers and travellers and that the exercise of that right must be free of all discriminatory and obstructive formalities; calls on the Commission and Member States to make citizens more aware of this right by means of targeted information campaigns prior to the relevant election;
Amendment 73 #
2011/2182(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on all Union institutions, bodies, offices and agencies to ensure that the right of access to documents provided for in Regulation 1049/20011, an important right enjoyed by EU citizens, is guaranteed by improving transparency and making access to documents and information easy and, user- friendly and comprehensible, so as to enable citizens to participate more closely in the decision- making process; points in this context to the central importance of the work of the European Ombudsman in upholding the right of access to Union institutions’ documents;
Amendment 121 #
2011/2182(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls that the almost 80 million people with disabilities in the European Union still face obstacles, insurmountable in many instances, when, in various ways, they exercise their right of free movement as citizens of the Union; calls accordingly on the European institutions and the Member States to make it easier for people with disabilities to have access to all means of transport and associated infrastructure facilities as soon as possible in accordance with the ‘European Disability Strategy 2010-2020’ (COM(2010) 636) and the Parliament own-initiative report based on it (2010/2272); also points in this context to the disproportionately high number of older people with restricted mobility;
Amendment 124 #
2011/2182(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
Amendment 126 #
2011/2182(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Notes that the greatest obstacles preventing citizens from benefiting from the larger product range and competitive prices available in the single market are a lack of knowledge of consumer rights in other European countries, on the one hand, and a lack of confidence in these rights on the other; supports the Commission therefore in its efforts with a view to easier access, including online access, to alternative dispute resolution procedures for cross-border purchases within the Union, which are a lower-cost and faster alternative to court proceedings;
Amendment 160 #
2011/2182(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Considers that the establishment of the one-stop shopa single information portal for citizens, ‘Your Europe’, is of great importance for citizenindividuals seeking advice or redress; acknowledges that the same time that the information and problem-solving networks set up by the Commission (Europe Direct, ‘Solvit’, European Consumer Centres, etc.) are important partners in the settlement of complaints regarding malfunctions in the internal market; calls on the Commission to promote these online and accessible services more actively not only by involving the existing EU level assistance and problem solving services, but also, in particular, by taking a more comprehensive and more active approach in making these known to citizens;
Amendment 167 #
2011/2182(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Encourages the Commission to cooperate with the Committee on Petitions in drafting a new citizenship report in 2013; makes it clear in this context that the Committee on Petitions, in particular on the basis of the petitions it receives, will critically examine the results achieved (before the next report is published) in terms of strengthening Union citizenship and will call for further action by the Commission as necessary;
Amendment 172 #
2011/2182(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Welcomes the Commission’s proposal to declare 2013 as the ‘European Year of Citizens’, which would mark 20 years since the introduction of the ‘EU citizenship’ concept and would enhance awareness of the rights attaching to Union citizenship and of the information and problem-solving services which are crucial for providing information about those rights and for enforcing them in practice; calls on the Commission and the Member States to use this opportunity to strengthen its efforts to protect and promote citizens’ rights; and regards the involvement of civil society (NGOs, NPOs, etc.) and the provision of sufficient budgetary resources for Europe-wide campaigns as key factors for adding value to that year;
Amendment 175 #
2011/2182(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Points out that, although the notion of Union citizenship is closely bound up with the right of free movement, all citizens who do not leave their Member State of origin also benefit from their rights as Union citizens; cites, by way of cases in point, on-line purchasing from other EU countries, passenger rights in connection with domestic flights, cross- border successions, and political rights such as the right to petition the European Parliament or to participate in the new European Citizens' Initiative; calls in this context on the Commission to make that fact fully known in connection with the European Year of the Citizen, as well as with other information campaigns relating to Union citizenship, and thus to ensure that all EU citizens, without exception, feel that such information addresses them directly;
Amendment 151 #
2011/2180(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Draws attention to the particular needs of the Bachelor’s degree, its curricula and its employability, stresses in this respect the need for specific actions and for more effective cooperation between universities and the labour market with a view to developing more relevant curricula and enhancing employability, as well as developing appropriate curricula for Bachelor studies in the Bologna system whose content is adapted to the change in the period of study;
Amendment 163 #
2011/2180(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to conduct an investigation in the Member States to establish the extent to which there is a specific differentiation between forms of provision of higher education in Europe, in order to guarantee that in future, and with their individual qualities, universities are able to develop their focus on research and education and colleges of higher education are able to develop their focus on practical preparation for the labour market;
Amendment 2 #
2011/2147(INI)
Motion for a resolution
Citation 14
Citation 14
Amendment 74 #
2011/2147(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Regrets the unequal application across the EU of the Framework Agreement of 8 October 2004 on Work-related Stress and calls on the Commission to present a legislative proposal on work-related stressMember States, together with the social partners, to meet their obligations under the Framework Agreement;
Amendment 225 #
2011/2147(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Reiterates its call forDemands that recommendation 2003/670/EC concerning the European schedule of occupational diseases to be transformed into a directivebe brought up to date with the European social partners by means of secure findings confirmed by analyses on the main danger areas recognised today (in particular mental disorders); in prevention and intervention programmes, the priority shall be, initially, to set necessary minimum standards;
Amendment 234 #
2011/2147(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Commission to propose a revision of Directive 2004/37 on carcinogens and mutagens by the end of 2012 in order to enlarge its scope to include substances toxic for reproduction by analogy with the substances of very high concern under REACH, and to strengthen the application of the substitution principle; calls for the link to be made with, paying particular attention to substances toxic for reproductive healthon;
Amendment 150 #
2011/2088(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the importance of varied educational pathways for students, combining academic and vocational skills training, and calls on schools, where possible, to match educational programmes with the projected labour market demand at the time when pupils finish their education;
Amendment 178 #
2011/2088(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. stresses the importance of the EU's Lifelong Learning Programme and its four sub-programmes Comenius, Erasmus, Leonardo da Vinci and Grundtvig, with Comenius in particular playing a key role in combating the problem of early school leaving;
Amendment 122 #
2011/2087(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the need for the Member States and sports federations to improve the promotion of women’s sport and increase the presence of women in decision-making bodies;
Amendment 138 #
2011/2087(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. In addition, encourages the Member States to improve structures for former sportspeople returning to the labour market and their integration into a career after professional sport;
Amendment 153 #
2011/2087(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Underlines the importance of integrity in sport and stresses especially the need for measures to inform young sportspeople in particular about preventing doping, corruption, match fixing and betting fraud;
Amendment 160 #
2011/2087(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Urges the Member States and sports organisations to do all they can to promote sport and the associated health benefits for all generations, in particular children, young people and the elderly;
Amendment 258 #
2011/2087(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that, as a regulated professional activity, the profession of sports agent should be subject to an adequate minimum qualification from a higher education establishment, and that sports agents’ fiscal residence should be within EU territory;
Amendment 324 #
2011/2087(INI)
Motion for a resolution
Paragraph 25 – indent 4
Paragraph 25 – indent 4
– to set up a mobility programme for young athletes and increase their involvement in existing programmes such as Erasmus, to enable them to learn new training methods and develop their European awareness and to encourage intercultural dialogue;
Amendment 337 #
2011/2087(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Encourages the participation of multilateral European teams in international events, taking the 2012 Young People’s Winter Olympics in Innsbruck/Seefeld as the model;
Amendment 6 #
2011/2071(INI)
Draft opinion
Paragraph C
Paragraph C
C. whereas there is a need to ensure a strengthened interaction between employment, social and economic policies in the context of the European Semester, and whereas this has to be done in a manner fostering democratic accountability, ownership and legitimacy, in order to respond to demographic change and the challenges which it poses, in the interests of all generations,
Amendment 38 #
2011/2071(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. States its intention to contribute actively to the implementation of the Europe 2020 strategy and the European Semester, including to its employment and social aspects, keeping them high on the political agenda throughout the year; also points to the importance of initiatives such as the European Year of Active Ageing or Lifelong Learning;
Amendment 53 #
2011/2071(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Remains absolutely committed to paying special attention, including in its deliberations on the European Semester, to the impact of employment and the social situation on the macro economic situation and vice versa.
Amendment 200 #
2011/2071(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to ensure that the national policies and targets announced in the National Reform Programmes together add up to a level that is sufficiently ambitious to reach the EU 2020 headline targets; expresses its concern about the fact that under the first European Semester this was not the case; calls on the Commission to make sure that all Member States contribute to the headline targets according to their potential and give an exact road map together with the referring timetable for necessary actions;
Amendment 261 #
2011/2071(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Council to come to Parliament before December to explain and justify any significant changes it has or is about to madke to the Commission’s proposed recommendations; request the Commission to take part in this hearing to provide its views on the situation;
Amendment 315 #
2011/2071(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Calls on the Council and the Commission in line with the rules of the economic governance package to report to it with an exact overview of actions and measures in the first few weeks of each year on the developments and successes of the previous European Semester;
Amendment 5 #
2011/2069(INI)
Draft opinion
Section 1 – paragraph 2
Section 1 – paragraph 2
2. Reaffirms, in this context, that the EU and its institutions have a duty to respect, guarantee, protect and promote the fundamental rights of European citizens in the EU, on the basis of the Charter and of Articles 2, 6, 7 and 9-12 TFEU, notably in cases where these rights are not effectively and appropriately guaranteed at national level; recalls that Article 51 of the Charter should not be used to minimise the importance of the Charter and of its application, and underlines that this article does not abrogate the role and powers that EU institutions have in relation to the protection of European fundamental principles and values of respect for human dignity, freedom, democracy, rule of law, citizenship and equality;
Amendment 14 #
2011/2069(INI)
Draft opinion
Section 1 – paragraph 4
Section 1 – paragraph 4
4. Calls on the Member States to fulfil their obligations to protect their citizens‘' fundamental rights, and urges Member States to live up to their commitment made under the terms of the Lisbon Treaty3³ for the EU to sign up to the European Convention on Human Rights, thus closing gaps in legal protection by giving European citizens the same rights vis-à-vis the acts of the Union as they presently enjoy vis-à-vis the Member States of the Union; recalls, in this context, the need for clear information regarding the scope and applicability of the Convention in relation to the Charter, in order to avoid confusion among citizens as to whom to address in a given situation of alleged fundamental rights breaches;
Amendment 19 #
2011/2069(INI)
Draft opinion
Section 1 – paragraph 5
Section 1 – paragraph 5
5. Calls on the Council to respect its commitments in relation to fundamental rights, to unblock as a matter of urgency the Commission proposal of 2 July 2008 for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; emphasises in this context the rights of people with disabilities, who strive to live a life as close to normal as possible, and the rights of children, in particular for the protection of their personal integrity as well as in the context of cross-border custody disputes and parental visiting rights;
Amendment 37 #
2011/2069(INI)
Draft opinion
Section 1 – paragraph 10
Section 1 – paragraph 10
10. Recalls that the portability of social security benefits, pensions, health care and recognition of professional qualifications, academic credits and civil status documents and of their effects are important rights that could ensure that citizens enjoy fully their fundamental rights, including on the basis of the completion of the internal market, but notes that many citizens still encounter problems in asserting these rights; calls on the Commission and the Member States, therefore, to ensure that these rights are properly respected, applied and developed;
Amendment 39 #
2011/2069(INI)
Draft opinion
Section 1 – paragraph 13
Section 1 – paragraph 13
13. Welcomes the Commission policy of providing citizens with concrete information on their rights and the avenues for legal recourse open to them in the event of a breach of their fundamental rights whereas more consistency and coordination in the work and public presentation of the different communication tools of the Commission will be key for making this information more accessible to citizens; underlines at the same time the fact that this does not discharge the Commission from its institutional duty to analyse citizens‘' complaints in relation to possible violations of fundamental rights not only by the EU and by Member States in the application of EU law, but also in relation to situations of systematic failure in the protection of fundamental rights within the Member States; calls on the Commission to abide by its role of defending the European legal order based on democracy and fundamental rights and to bring such situations to the attention of the Member States concerned; considers that the European Parliament, which has a much broader political field of activity, should make explicit to all EU citizens and residents the actions it is taking to safeguard and defend their fundamental rights;
Amendment 105 #
2011/2067(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the combination of demographic change and changes in production chains calls for better employment, education and work organisation strategies in order to maximise the competitiveness of the European economy, minimise the loss of human capital and create new job possibilities; takes the view, in that connection, that particular importance should be attached to the concept of lifelong learning for all age groups;
Amendment 181 #
2011/2067(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the Commission’s proposal to promote European centres of excellence within new academic specialisations for tomorrow’s jobs and to create opportunities for vocational further training for all age groups;
Amendment 315 #
2011/2067(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Underlines that, in order to emerge stronger from the economic crisis, to become more competitive and convergent, with higher levels of growth, and to secure our welfare systems in the long term, Europe needs to make full use of its labour force potential in all age groups;
Amendment 34 #
2011/2035(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the fact that the ESF provides crucial support for employment market policies, in particular those which are preventive and local, and plays an important part in boosting social inclusion;
Amendment 60 #
2011/2035(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Commission to improve the visibility of ESF action and to make the ESF more accessible and capable of providing more support for integration into the job market, particularly by setting up lifelong training to help workers and firms adapt their skills to the needs of the job market;
Amendment 246 #
2011/0371(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The European Strategy for smart, sustainable and inclusive growth (Europe 2020) is defining the Union's growth strategy for the coming decade to support smart, sustainable and inclusive growth setting five ambitious objectives to be reached by 2020, particularly in the field of education to reduce early school leaving rates below 10% and to enable at least 40% of 30-34 years old to have completed highertertiary or equivalent education. This also includes its flagships initiatives, in particular ‘Youth on the Move’ and the Agenda for New Skills and Jobs.
Amendment 372 #
2011/0371(COD)
Proposal for a regulation
Article 4 – paragraph 1 - point a (new)
Article 4 – paragraph 1 - point a (new)
(a) achievement of the objectives of the Europe 2020 strategy, in particular the headline education target of reducing early school-leaving and increasing the number of 30–34 year-old students having completed tertiary or equivalent education;
Amendment 473 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) - title (new)
Article 5 a (new) - title (new)
Article 5a Specific objectives in the field of education and training
Amendment 474 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) - introductory wording (new)
Article 5 a (new) - introductory wording (new)
In addition to the objectives of the programme set out in Articles 4 and 5, the programme shall pursue the following specific objectives in the field of education and training:
Amendment 475 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) - point 1 (new) - introductory wording (new)
Article 5 a (new) - point 1 (new) - introductory wording (new)
1. in the field of Grundtvig (adult learning), the programme shall aim to:
Amendment 476 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) - point 1 (new) - point a (new)
Article 5 a (new) - point 1 (new) - point a (new)
(a) improve adult literacy, including digital literacy, and adult numeracy;
Amendment 477 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) - point 1 (new) - point a a (new)
Article 5 a (new) - point 1 (new) - point a a (new)
(aa) promote active ageing and enhance learning opportunities for older adults;
Amendment 478 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) - point 1 (new) - point a b (new)
Article 5 a (new) - point 1 (new) - point a b (new)
(ab) guide older adults from active work life into retirement and ensure all benefits from active ageing through informal learning beyond the retirement age;
Amendment 479 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) - point 1 (new) - point a c (new)
Article 5 a (new) - point 1 (new) - point a c (new)
(ac) address the learning needs of disadvantaged groups, including people with disabilities, early school leavers, low- qualified adults and older adults;
Amendment 480 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) - point 1 (new) - point a d (new)
Article 5 a (new) - point 1 (new) - point a d (new)
(ad) improve and increase the mobility of adult learning staff;
Amendment 481 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) - point 1 (new) - point a e (new)
Article 5 a (new) - point 1 (new) - point a e (new)
(ae) improve the quality and increase the volume of cooperation between organisations involved in adult learning throughout Europe;
Amendment 482 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) - point 1 (new) - point a f (new)
Article 5 a (new) - point 1 (new) - point a f (new)
(af) promote flexible learning pathways, including broader access to higher education for those lacking mainstream qualifications;
Amendment 483 #
2011/0371(COD)
Proposal for a regulation
Article 5 a (new) - point 1 (new) - point a g (new)
Article 5 a (new) - point 1 (new) - point a g (new)
(ag) improve pedagogical approaches and the management of adult education organisations.
Amendment 708 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2 – point a
Article 13 – paragraph 1 – subparagraph 2 – point a
a) EUR 16 741 738 000[88,5%] for actions in the field of education, and training and youth, as referred to underin Article 6(1);. From this amount, the following minimum allocations shall be earmarked for the main educational sectors:
Amendment 717 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2 – point a – point i (new)
Article 13 – paragraph 1 – subparagraph 2 – point a – point i (new)
(i) [38 %] to higher education
Amendment 720 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2 – point a – point ii (new)
Article 13 – paragraph 1 – subparagraph 2 – point a – point ii (new)
(ii) [23%] to vocational education and training;
Amendment 728 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2 – point a – point iii (new)
Article 13 – paragraph 1 – subparagraph 2 – point a – point iii (new)
(iii) [21 %] to school education;
Amendment 733 #
2011/0371(COD)
Proposal for a regulation
Article 13 – paragraph 1 - subparagraph 2 - point a - point iv (new)
Article 13 – paragraph 1 - subparagraph 2 - point a - point iv (new)
(iv) [8%] to adult learning;
Amendment 781 #
2011/0371(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission shall provide the funding for guarantees for loans to students resident in a participating country as defined in Article 18(1) undertaking a full Masters degree in another participating country, to be delivered through a trustee with a mandate to implement it on the basis of fiduciary agreements setting out the detailed rules and requirements governing the implementation of the financial instrument as well as the respective obligations of the parties. The financial instrument shall comply with the provisions regarding financial instruments in the Financial Regulation and in the Delegated Act replacing the Implementing Rules. In accordance with Article 18(2) of the Regulation (EC, Euratom) No 1605/2002, revenues and repayments generated by the guarantees should be assigned to the financial instrument. This financial instrument, including market needs, student flows and take-up, will be subject to the monitoring and evaluation as referred to in Article 15(2).
Amendment 800 #
2011/0371(COD)
Proposal for a regulation
Article 16 – paragraph 4 – introductory part
Article 16 – paragraph 4 – introductory part
4. The public and private bodies within the main education sectors covered by the Programme shall use the brand name ‘Erasmus’"Lifelong Learning" for the purpose of communication and dissemination of information relating to the pProgramme; the brand name shall be associated with the main education sectors as followsfor the different sectors of the Programme, the following brand names shall be used:
Amendment 801 #
2011/0371(COD)
Proposal for a regulation
Article 16 – paragraph 4 – indent -1 (new)
Article 16 – paragraph 4 – indent -1 (new)
– ‘Comenius’, associated with school education;
Amendment 802 #
2011/0371(COD)
Proposal for a regulation
Article 16 – paragraph 4 – indent 1
Article 16 – paragraph 4 – indent 1
– ‘Erasmus Higher Education’, associated with all types of higher education, in Europe and internationally;
Amendment 803 #
2011/0371(COD)
Proposal for a regulation
Article 16 – paragraph 4 – indent 2
Article 16 – paragraph 4 – indent 2
– ‘Erasmus TrainingLeonardo da Vinci’, associated with vocational education and training and adult learning;
Amendment 804 #
2011/0371(COD)
Proposal for a regulation
Article 16 – paragraph 4 – indent 3 a (new)
Article 16 – paragraph 4 – indent 3 a (new)
– 'Grundtvig', associated with adult learning;
Amendment 805 #
2011/0371(COD)
Proposal for a regulation
Article 16 – paragraph 4 – indent 3 a a (new)
Article 16 – paragraph 4 – indent 3 a a (new)
– ‘Erasmus Mundus’, associated with higher education internationally;
Amendment 806 #
2011/0371(COD)
Proposal for a regulation
Article 16 – paragraph 4 – indent 4
Article 16 – paragraph 4 – indent 4
– ‘Erasmus Youth Participation’, associated with youth non formal learningYouth in Action’, associated with non- formal and informal learning in the field of youth.
Amendment 276 #
2011/0370(COD)
Proposal for a regulation
Article 2 – point 1
Article 2 – point 1
1. 'cultural and creative sectors' means all sectors whose activities are based on cultural values and/or artistic and creative expressions, whether these activities are market or non-market oriented and whatever the type of structure that carries them out. These activities include the creation, the production, the dissemination and the preservation of goods and services which embody cultural, artistic or creative expressions, as well as related functions such as education, management or regulation. The cultural and creative sectors include in particular architecture, archives and libraries, (artistic) crafts, audiovisual (including film, television, video games and multimedia), cultural heritage, design, advertising, fashion, festivals, music, performing arts, publishing, radio and visual arts;
Amendment 286 #
2011/0370(COD)
Proposal for a regulation
Article 2 – point 3
Article 2 – point 3
3. '‘financial intermediaries'’ means financial institutions and funding agencies providing or planning to provide loan facilities or additional expertise regarding the cultural and creative sectors.
Amendment 309 #
2011/0370(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) ensuring a more level playing field in the European cultural and creative sectors by taking account of low production capacity countries and/or countries or regions with a restricted geographical and/or linguistic area.
Amendment 380 #
2011/0370(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) facilitate low-threshold access to finance for small- and medium-sized enterprises and organisations in the European cultural and creative sectors, with particular regard to the administrative burden;
Amendment 396 #
2011/0370(COD)
Proposal for a regulation
Article 8 – introductory wording
Article 8 – introductory wording
In order to foster policy development, innovation, customer and audience building and business models in the cultural and creative sectors the Commission shall implement the following support measures for transnational policy cooperation:
Amendment 398 #
2011/0370(COD)
Proposal for a regulation
Article 8 – point a
Article 8 – point a
(a) transnational exchange of experiences and knowhow on new business models, peer-learning activities and networking among cultural and economic operators and policy makers related to the development of the cultural and creative sectors;
Amendment 488 #
2011/0370(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) supporting the circulation of European literaculture;
Amendment 668 #
2011/0370(COD)
Proposal for a regulation
Annex I – point 1 – paragraph 1 – point b a (new)
Annex I – point 1 – paragraph 1 – point b a (new)
(ba) Provide financial intermediaries with a simple and easily manageable instrument;
Amendment 14 #
2011/0344(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on European Union, in particular Article 9 thereof, and the Treaty on the Functioning of the European Union, and in particular Articles 19(2), 21(2), 114, 168, 169 and 197 thereof,
Amendment 15 #
2011/0344(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principles which are common to the Member States. Every citizen of the Union has the rights provided for in the Treaty. The Charter of Fundamental Rights of the European Union, which with the entry into force of the Lisbon Treaty became legally binding across the Union, reflects the fundamental rights and freedoms to which persons are entitled in the Union. Those rights should be properly publicised, promoted and respected if they are to become a reality. The full enjoyment of those rights should be guaranteed and any obstacles should be dismantled.
Amendment 21 #
2011/0344(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Citizens and civil society organisations should be made more aware of their basic political rights and encouraged to exercise them more frequently so as to assert their interests in the Union. Encouraging citizens to take a more active role in democracy at EU level will strengthen European civil society and foster the development of a European public.
Amendment 25 #
2011/0344(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The Treaty requires the Union to promote the protection of the rights of the child pursuant to Article 3(3) of the Treaty on European Union, while combating discrimination. Children are vulnerable, in particular in a situation of poverty, social exclusion, disability or specific situations putting them at risk. Action should be taken to promote the rights of the child and contribute to the protection of children from harm and violence, which pose a danger to their physical or mental health, violence and any violation of their personal integrity, which pose a danger to their physical or mental health, and which, owing to unwelcome developments in modern communications technology, have become more varied and harder to pinpoint.
Amendment 27 #
2011/0344(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Not least in the light of current demographic trends, efforts should be made to combat all forms of age discrimination, whether against the young or the old. The best way to combat discrimination of this kind, which deprives our society of a significant source of social, economic and intellectual human capital, would be through measures promoting long-term solidarity between generations, as the Union is required to do under Article 3(3) of the Treaty on European Union.
Amendment 30 #
2011/0344(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
a) to contribute to enhancing the exerciseimproving knowledge and raising awareness of rights deriving from the citizenship of the Union, encouraging people to exercise them more frequently;
Amendment 34 #
2011/0344(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) to promote the effective implementation of the principles of non discrimination on the grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, including equality between women and men and the rights of persons with disabilities and of the elderly on the basis of solidarity between generations;
Amendment 45 #
2011/0344(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) Mutual learning, cooperation, awareness raising and dissemination activities, such as identification of, and exchanges on, good practices, innovative approaches and experiences, organisation of peer review and mutual learning; organisation of conferences and seminars; organisation of awareness-raising and information campaigns, media campaigns and events, including corporate communication of the political priorities of the European Union, particularly in the form of cooperation with public media organisations; compilation and publication of materials to disseminate information as well as results of the Programme; development, operation and maintenance of systems and tools using information and communication technologies as well as an Internet presence, including relevant websites, platforms, blogs or the use of Web 2.0;
Amendment 128 #
2011/0270(COD)
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILregulation of the European Parliament and of the Council on a European Union Programme for Social ChangeProgress and Innovation
Amendment 146 #
2011/0270(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Union is uniquely placed to provide a Union platform for policy exchanges and mutual-learning between the Member States in the areas of employment and social areas, social protection, social inclusion and social entrepreneurship. Knowledge of policies applied in other countries and of their results broadens the range of options available to policy- makers, triggers new policy developments and encourages national reform.
Amendment 162 #
2011/0270(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Lack of access to credit is one of the main obstacles to business creation, especially among people furthest from the labour market. Union and national efforts in this area need to be stepped up in order to increase the supply of microfinance and meet demand from those who need it most, and in particular unemployed and vulnerablesocially disadvantaged people who wish to start up or develop a micro-enterprise, in particular in the 'white economy', including on a self-employed basis, but do not have access to credit. As a first step, in 2010 the European Parliament and the Council set up the Facility.
Amendment 164 #
2011/0270(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Corresponding mentoring and training programmes should be provided, which should be constantly updated and made accessible on the central information platform.
Amendment 189 #
2011/0270(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) In order to ensure an appropriate response to changing needs and corresponding policy priorities during the whole duration of the Programme, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the allocation of funds to the Programme axes, using the 5 % reserve, and to individual sections within the axes on an annual basis. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert and social partner level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 200 #
2011/0270(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘Social enterprise’ means an enterprise whose primary objective is to achieve social impact, rather than simply generate profit for owners and stakeholders. It operates in the market, or mainly reinvest surpluses through the production of social goods and services in an entrepreneurial, profit-oriented and innovative way, and uses surpluses mainly to achieve social goals. It is managed in an accountable and transparent way, in particular by involvingthrough the involvement and/or participation of workers, customers and stakeholders affected by its business activity.
Amendment 214 #
2011/0270(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) The EURES axis, which shall support activities carried out by the EURES network, i.e. the specialist services designated by the EEA Member States and the Swiss Confederation, together with other interested parties, to develop information exchanges and dissemination and other forms of cooperation, such as cross-border partnerships, as well as individual counselling and information for jobseekers, mobile workers and employers to promote workers’' voluntary geographical mobility on a fair basis and to contribute to a high level of high- quality employment;
Amendment 225 #
2011/0270(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) Strengthen ownership of the Union objectives in the employment, social and working conditions fields among key Union and national policy-makers, as well as other interested parties in order to bring about concrete and coordinated actions at both Union and Member State level; promote the recognition and appreciation of the social added value offered by social enterprises as part of the social market economy in Europe;
Amendment 228 #
2011/0270(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) Support the development of adequate, accessible and efficient social protection systems and labour markets and facilitate policy reform, by promotingin order to ensure social inclusion and a high level of high-quality employment and facilitate policy reform where necessary, by promoting the participation of all relevant stakeholders, including non-governmental organisations and people experiencing poverty and social exclusion, as well as good governance, mutual learning and social innovation;
Amendment 242 #
2011/0270(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) Promote employment and social inclusion (e.g. for people with disabilities or low skills, or people affected by personal or professional problems) by increasing the availability and accessibility of microfinance for vulnerabledisadvantaged groups and micro-enterprises, and by increasing access to finance for social enterprises.
Amendment 244 #
2011/0270(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
Improve the knowledge and understanding of the situation prevailing in the Member States and in other participating countries through analysis, evaluation and close monitoring of strategies and their implementation.
Amendment 279 #
2011/0270(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 2 – point a
Article 6 – paragraph 1 – point 2 – point a
(a) Exchanges and dissemination of good practice, innovative approaches and experience, peer reviews, benchmarking and mutual learning at European level so that, in successfully promoting employment strategies, social exclusion and poverty may be effectively tackled;
Amendment 282 #
2011/0270(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 2 – point c
Article 6 – paragraph 1 – point 2 – point c
(c) Training of legal and policy practitioners, andpractitioners and of all those actively involved in implementing the ‘European Union Programme for Social Change and Innovation’, especially EURES advisers;
Amendment 353 #
2011/0270(COD)
Proposal for a regulation
Article 20 a (new)
Article 20 a (new)
Article 20 a Specific actions In addition to actions of the types set out in Article 6, specific actions under the EURES axis may include: (a) development of cross-border cooperation; provision of a multilingual digital platform for job vacancies and applications; counselling possibilities before, during and after the mobility experience so as to promote geographical mobility on a fair basis; drafting and dissemination of information material.
Amendment 354 #
2011/0270(COD)
Proposal for a regulation
Article 20 b (new)
Article 20 b (new)
Article 20 b Mobility schemes 1. Targeted mobility schemes can be designed for specific groups of workers, certain sectors, occupations, countries or group of countries wherever a clear economic need is identified and Union- wide recruitment could provide added value, for example in the area of bottleneck vacancies and niche vacancies for which recruitment difficulties have been identified. The Advisory Committee on Freedom of Movement of Workers will be regularly consulted with regard to the schemes. 2. Targeted mobility schemes shall be based on the principle of ‘fair mobility’, fully respecting applicable labour standards and legal requirements. Accordingly, the schemes should ensure that the employment they arrange is in jobs with secure working conditions and fair pay based on collective agreements or minimum wages. 3. The implementing organisations delivering services to jobseekers and employers in the framework of targeted mobility schemes shall be selected in open call for proposals to which employment services may apply, provided that they are committed to the principle of fair mobility. 4. Strong coordination of the targeted mobility schemes must be ensured, as well as full respect for applicable labour law and standards.
Amendment 357 #
2011/0270(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
(c) SRegional and local authorities, social partner organisations and other interested partieregional and local organisations and interested parties involved in cross-border partnerships.
Amendment 361 #
2011/0270(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point 1 – point a
Article 22 – paragraph 1 – point 1 – point a
(a) persons who have lost or are at risk of losing their jobs, or who have difficulty in entering or re-entering the labour market, persons at risk of social exclusion and vulnerabledisadvantaged persons who are in a disadvantaged position with regard to access to the conventional credit market and who wish to start up or develop their own micro-enterprises and are thus reliant on start-up capital;
Amendment 370 #
2011/0270(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
1. Participation under the Microfinance and Social Entrepreneurship axis shall be open to public and private bodies established at national, regional or local level and to social enterprises and organisations in the countries referred to in Article 16(1) and providing in those countries:
Amendment 376 #
2011/0270(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The international financial institutions and, where relevant, the fund managers shall send the Commission and Parliament annual implementation reports setting out the activities granted support and covering their financial implementation and the allocation and accessibility of funding and investment by sector and type of beneficiary, applications accepted or rejected under each axis and contracts concluded by the public and private bodies concerned, actions funded and the results, including in terms of social impact, employment creation and sustainability of the businesses support granted.
Amendment 137 #
2011/0268(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The ESF shall promote high levels of employment and job quality, support the geographical and occupational mobility of workers, facilitate their adaptation to change, encourage a high level of lifelong education and training that is available to all age groups, promote gender equality, equal opportunities and non- discrimination, enhance social inclusion and combat poverty, thereby contributing to the priorities of the European Union as regards strengthening economic, social and territorial cohesion.
Amendment 164 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point i
Article 3 – paragraph 1 – point a – point i
(i) Access to employment for job-seekers and inactive people, including local employment initiatives, a flexibility and skills policy for firms characterised by what is frequently termed a 'labour market policy close to business' - which above all seeks to make the best possible use of the potential offered by older workers and women - and support for labour mobility;
Amendment 179 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point iii
Article 3 – paragraph 1 – point a – point iii
(iii) Self-employment, entrepreneurship and business creation, particularly among young people;
Amendment 198 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point vi
Article 3 – paragraph 1 – point a – point vi
(vi) Active and healthy ageing; as a life process:
Amendment 219 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – point iii
Article 3 – paragraph 1 – point b – point iii
(iii) Enhancing access to lifelong learning, upgrading the skills and competences of the workforce and increasing the labour market relevance of education and training systems for all age groups from youth to old age;
Amendment 230 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – point iii a (new)
Article 3 – paragraph 1 – point b – point iii a (new)
(iiia) Acquisition of skills by older workers at the workplace, in order to avoid increased unemployment in this age group and support a later retirement age through longer employment.
Amendment 235 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) Support for the creation or further development of a dual vocational training system.
Amendment 262 #
2011/0268(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c – point v
Article 3 – paragraph 1 – point c – point v
(v) Promoting the social economy and innovative social enterprises;
Amendment 24 #
2011/0217(COD)
Proposal for a decision
Recital 5
Recital 5
(5) In its "Resolution of 15 December on the situation of fundamental rights in the European Union (2009) - effective implementation after the entry into force of the Treaty of Lisbon" the European Parliament called on the Commission to devote the 2013 European Year to citizenship in order to give momentum to the debate on Union citizenship and inform Union citizens of their new rights, in particular the new rights resulting from the entry into force of the Treaty of Lisbon, such as the "European Citizens' Initiative" and the individual rights in the Charter of Fundamental Rights.
Amendment 33 #
2011/0217(COD)
Proposal for a decision
Recital 7
Recital 7
(7) In particular, free movement and workers' mobility help addressing the consequences of demographic change on the labour market, while also increasing the employability of people and improving the competitiveness of European industries. Furthermore, against the current backdrop of alarmingly high unemployment figures in individual Member States, they provide an opportunity to bring labour supply and demand more into kilter again and, as a result, help ease tensions on the European labour market. At the same time, free movement either enables, as an essential condition, or stimulates the exercise by citizens of a broad range of rights available to them under Union law, such as their rights as consumers to access goods and services or their rights as passengers and tourists. Facilitating free movement has therefore the potential to enhance citizens' possibilities to fully benefit from the single market, whilst being a key driver for growth.
Amendment 37 #
2011/0217(COD)
Proposal for a decision
Recital 11
Recital 11
(11) Given that the right to free movement significantly improves individuals' lives, it is vital that easily accessible, transparent information about the existence of this right and, the conditions for exercising itexercise of which also includes obligations to be met by citizens (e.g. proof of regular employment after three months’ residence), is available as broadly as possible. As all Union citizens are potential beneficiaries of this right, awareness raising efforts should be made across the Union.
Amendment 39 #
2011/0217(COD)
Proposal for a decision
Recital 14
Recital 14
(14) In this context, citizens should also be better informed of their rights as passengers travelling by any transport mode across the European Union and of their consumer rights across borders. If they are confident that their rights as consumers are effectively protected, and they have full access to low-cost and straightforward dispute settlement procedures (e.g. in connection with on- line purchases), they will contribute more to the development of the European-wide market for goods and services to its full potential and better enjoy its benefits. In the same vein, citizens should be better informed about rules on general product safety and market surveillance, so as to be aware of how their health and their rights are protected throughout the EU, particularly when it comes to threats or risks that they cannot deal with as individuals. It would be further important to enhance citizens' awareness of their rights to cross-border healthcare, so that they are able to fully benefit from safe and good quality healthcare across European borders. In this connection, reference should also be made to the vast potential of eHealth and telemedicine for simplification of cross-border health care, but also for improving the quality and increasing the efficiency of national medical services.
Amendment 40 #
2011/0217(COD)
Proposal for a decision
Recital 8
Recital 8
(8) The right to move and reside freely within the territory of the Member States is highly valued by Union citizens as a core individual right deriving from Union citizenship. As such, it demonstrates and promotes a better understanding of the value of European integration, as well as citizens' participation in shaping the European Union. When extending aspects of their lives beyond national borders by travelling to other Member States or settling there, citizens become aware and take advantage of the broad array of rights granted to them under Union law in cross- border situations. Exercising the right to free movement and residence therefore contributes to making Union citizenship a tangible reality in the daily life of citizens and to strengthening cohesion and togetherness.
Amendment 42 #
2011/0217(COD)
Proposal for a decision
Recital 16
Recital 16
(16) Enhanced citizens' awareness of the benefits of these rights for them individually and for society can also contribute to a stronger sense of belonging and adherence to the Union. That applies not only to rights in connection with freedom of movement and mobility for citizens, but also to rights, as Union citizens, for the exercise of which they do not have to leave their country of origin(e.g. on-line purchasing from another Union country, air passengers' rights in connection with domestic flights, cross-border successions or various political rights). The information campaigns carried out as part of the European Year must therefore also comprehensively communicate the added value of such rights and, in so doing, ensure that all Union citizens, without exception, become fully aware of their Union citizenship.
Amendment 44 #
2011/0217(COD)
Proposal for a decision
Recital 17
Recital 17
(17) A European Year of Citizens in 2013 will provide a very timely opportunity to raise the awareness of the general public about the rights attached to Union citizenship and thus to contribute to the objective of facilitating the exercise of the right to free movement and all other Union citizens’ rights. In this connection, broadly based and effective reporting on the Union by all Member States’ public television, radio and Internet broadcasters plus stepped-up media cooperation (e.g. with Euronews) should successfully strengthen the flow of information for citizens.
Amendment 46 #
2011/0217(COD)
Proposal for a decision
Recital 22
Recital 22
(22) The primary responsibility for raising citizens' awareness of their rights as Union citizens rests with Member States; a. They should discharge their obligations to the full and meet their responsibility for the Europe we share. This includes providing an intensive flow of accompanying information and targeted reporting on the activities of all EU institutions. Action at Union level complements and supplements national actions in this respect, as highlighted in the political declaration "Communicating Europe in Partnership" signed on 22 October 2008 by the European Parliament, the Council and the Commission.
Amendment 47 #
2011/0217(COD)
Proposal for a decision
Recital 25 a (new)
Recital 25 a (new)
(25a) A thorough evaluation of the outcomes of the measures carried out as part of the European Year of Citizens is a prerequisite for the success of future European Years. The objective must be a comprehensive assessment of how the European Year was run and what its tangible impact was, which, in some cases, includes comparable quantitative factors (e.g. how many persons were targeted by what measures).
Amendment 52 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 1
Article 2 – paragraph 1
The general purpose of the European Year shall be to enhance awareness of the rights attached to Union citizenship, in order to help citizens make full use of their right to move and reside freely within the territory of the Member States, as well as all other Union citizens’ rights. In this context, the European Year shall focus, among others, on the opportunities for civic participation and access to rights by Union citizens residing in another Member State than their own, by students, workers, consumers, and providers of goods and services across the Union.
Amendment 55 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 2 – indent 1
Article 2 – paragraph 2 – indent 1
– to raise Union citizens' awareness of their right to move and reside freely within the European Union and more generally the rights guaranteed to Union citizens in cross-border situations, including their right to participate in the democratic life of the Union, with particular account being taken of the new European Citizens’ Initiative;
Amendment 57 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 2 – indent 2
Article 2 – paragraph 2 – indent 2
– to raise Union citizens' awareness of how they can tangibly benefit from Union rights and policies while living in another Member State, and to stimulate their active participation in civic fora on Union policies and issueof what conditions must be met in order to exercise those rights;
Amendment 59 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 2 – indent 2 a (new)
Article 2 – paragraph 2 – indent 2 a (new)
– to stimulate the active participation of Union citizens in civic fora on Union policies and issues;
Amendment 66 #
2011/0217(COD)
Proposal for a decision
Recital 15
Recital 15
(15) Awareness of the electoral rights guaranteed to Union citizens is of primary importance in this respect. Union citizens should be fully aware of their right to vote and stand as candidates in the municipal and European Parliament elections in their Member State of residence. Citizens (regardless of whether they are organised in political parties, associations, NGOs or initiatives) should also be well informed about their opportunities to be actively involved in European policy-making. At the same time, political participation can contribute to the integration of Union citizens into the society of their chosen Member States of residence.
Amendment 66 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 2 – indent 3 a (new)
Article 2 – paragraph 2 – indent 3 a (new)
– to create awareness of the fact that not only individuals who leave their country of origin benefit from their status as Union citizens, but that the rights associated with Union citizenship provide every European Union citizen in their homeland, without exception, with tangible added value in their everyday lives too.
Amendment 67 #
2011/0217(COD)
Proposal for a decision
Recital 17
Recital 17
(17) A European Year of Citizens in 2013 will provide a very timely opportunity to raise the awareness of the general public about the rights attached to Union citizenship and thus to contribute to the objective of facilitating the exercise of the right to free movement and strengthening European solidarity, European identity and awareness of European values.
Amendment 71 #
2011/0217(COD)
Proposal for a decision
Recital 19
Recital 19
(19) Raising awareness about citizens' rights, including their electoral rights in their Member State of residence, is also important in view of the European Parliament elections in 2014. The impact of such awareness raising actions should be multiplied through close coordination and exploitation of synergies with relevant actions implemented by other Union institutions, notably the European Parliament, and by Member States in the run up to these elections. Wide-ranging and effective reporting on EU matters by public TV/radio/internet service providers from all Member States and greater media cooperation (e.g. with Euronews) would successfully enhance the flow of information for citizens.
Amendment 72 #
2011/0217(COD)
Proposal for a decision
Recital 22
Recital 22
(22) The primary responsibility for raising citizens' awareness of their rights as Union citizens rests with the Member States; a, which should carry out their obligations to the full and show they are aware of their responsibility for the Europe we share. This includes providing an intensive flow of accompanying information and targeted reporting on the activities of the EU institutions. Action at Union level complements and supplements national actions in this respect, as highlighted in the political declaration "Communicating Europe in Partnership" signed on 22 October 2008 by the European Parliament, the Council and the Commission.
Amendment 72 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 5
Article 3 – paragraph 1 – indent 5
– strengthening of the role and visibility of the information networks physically consultable in the Member States and the multilingual Europe Direct and Your Europe web portal as key elements of a 'one-stop-shop' information system on Union citizens' rights;
Amendment 74 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 2 – indent 1
Article 2 – paragraph 2 – indent 1
to raise Union citizens' awareness of their right to move and reside freely within the European Union and more generally the rights guaranteed to Union citizens in cross-border situations, including their right to participate in the democratic life ofand democratic opinion formation in the Union;
Amendment 75 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 6 a (new)
Article 3 – paragraph 1 – indent 6 a (new)
– active support for comprehensive and objective media reporting on the part of the Member States.
Amendment 76 #
2011/0217(COD)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
The Commission shall cooperate closely with Member States and bodies and associations which represent local and regional interests, in particular the Committee of Regions. In that way, too, Member States will meet their responsibility for the success of the European Year.
Amendment 77 #
2011/0217(COD)
Proposal for a decision
Article 2 – paragraph 2 – indent 2
Article 2 – paragraph 2 – indent 2
– to raise Union citizens' awareness of how they can tangibly benefit from Union rights and policies while living in another Member State, and to stimulate their active participation in civic fora on Union policies and i, issues and political processues;
Amendment 80 #
2011/0217(COD)
Proposal for a decision
Article 4 – paragraph 3
Article 4 – paragraph 3
The Commission shall convene meetings of representatives of European organisations or bodies active in the field of defending citizens' rights and stakeholders, such as the European social partners, for example, to assist the Commission in implementing the European Year at Union level.
Amendment 94 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 6 a (new)
Article 3 – paragraph 1 – indent 6 a (new)
- highlighting the importance of the European Citizen’s Initiative, an instrument that seeks to permit direct involvement by citizens in the formation of EU policy;
Amendment 95 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 6 b (new)
Article 3 – paragraph 1 – indent 6 b (new)
- introduction of a requirement for comprehensive and objective reporting in the Member States on the activities of the EU institutions;
Amendment 96 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 1 – indent 6 c (new)
Article 3 – paragraph 1 – indent 6 c (new)
- better information for citizens on the right of petition to the European Parliament and the right to apply to the European Ombudsman.
Amendment 101 #
2011/0217(COD)
Proposal for a decision
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) The Commission and the Member States may identify otherare called on to identify additional activities as contributing to objectives of the European Year and allow the name of the European Year to be used in promoting those activities insofar as they contribute to achieving the objectives set out in Article 2.
Amendment 104 #
2011/0217(COD)
Proposal for a decision
Article 5 a (new)
Article 5 a (new)
Article 5a The Commission and Council shall ensure that sufficient budgetary resources are available for the successful completion of the European Year of Citizens (2013) and of the activities called for in that connection, in order to ensure the achievement of its objectives.
Amendment 40 #
2011/0152(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘adverse health effects’: biological effects that have a detrimental effect on mental, and physical and/or general well-being of exposed workers. In this Directive, only short-term effects are considered;
Amendment 41 #
2011/0152(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘adverse health effects’: biological effects that have a detrimental effect on mental, and physical and/or general well-being of exposed workers. In this Directive, only short-term effects are considered;
Amendment 52 #
2011/0152(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Article 2 – paragraph 2 – subparagraph 1
2. The ‘"orientation value’" referred to in point (f) of paragraph 1 corresponds to a field level where no adverse health effect or effect that may pose a safety risk should be noticed under normal working conditions and for persons not being part of a group at particular risk. As a consequence, the depth of the risk assessment procedure can be reduced to a minimum. Compliance with the orientation value will ensure compliance with the relevant exposure limit values for safety and health effects.
Amendment 54 #
2011/0152(COD)
Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
Article 2 – paragraph 2 – subparagraph 2
The ‘"action value’" referred to in point (f) of paragraph 1 corresponds to the maximum directly measurable field for which automatic compliance with the exposure limit value is guaranteed. Any exposure level between the ‘"orientation value’" and the ‘"action value’" with possible health effects requires more extensive evaluations and preventive measures. Compliance with the action value will ensure compliance with the relevant exposure limit values for health effects.
Amendment 59 #
2011/0152(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Amendment 72 #
2011/0152(COD)
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 105 #
2011/0152(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The assessment, measurement and/or calculations referred to in paragraphs 1 and 2 shall be planned and carried out by competent services or persons at suitable intervals and in the case of significant changes, taking into account the guidance given in Annexes II and III and taking particular account of Articles 7 and 11 of Directive 89/391/EEC concerning the necessary competent services or persons and the consultation and participation of workers. The data obtained from the assessment, measurement and/or calculation of the level of exposure shall be preserved in a suitable form so as to permit consultation at a later stage.
Amendment 166 #
2011/0152(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
For exposures in the frequency range up to 100 kHz, any undesired or unexpectedadverse physical health effects reported by a worker shall be transmitted to the person in charge of the medical surveillance who will take appropriate action in accordance with national law and practice.
Amendment 175 #
2011/0152(COD)
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The results of health surveillance shall be preserved in a suitable form so as to permit consultation at a later datny time, taking account of confidentiality requirements. Individual workers shall, at their request, have access to their own personal health records.
Amendment 219 #
2011/0152(COD)
Proposal for a directive
Annex II – Part C – point 1 – point 10 – point 1
Annex II – Part C – point 1 – point 10 – point 1
· rail transport powered by alternating current (50 Hz, 16.7 Hz)
Amendment 223 #
2011/0152(COD)
Proposal for a directive
Annex II – Part D – point 2
Annex II – Part D – point 2
Amendment 231 #
2011/0152(COD)
Proposal for a directive
Annex III – Part D – point 2
Annex III – Part D – point 2
Amendment 128 #
2011/0023(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) The Commission should ensure that all institutions and agencies of the Union, for example agencies whose workload in the Member States is increased by the provisions of this directive or by the implementing provisions derived from it receive sufficient additional financial and staff resources.
Amendment 227 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the Member Staterelating to passenger flights between EU Member States and third countries, for intra-EU flights and domestic flights, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 253 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) 'intra-EU flight' means any scheduled or non-scheduled flight by an air carrier originating in a Member State with a final destination in another Member State, including any transfer of transit flights;
Amendment 257 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘Passenger Name Record’ or 'PNR data' means a record of each passenger’s travel requirements captured and retained electronically by the air carrier or the non-carrier economic operators in its normal course of business which contains information necessary to enable reservations to be processed and controlled by the booking and participating air carriers for each journey booked by or on behalf of any person, whether it is contained in reservation systems, Departure Control Systems (DCS) or equivalent systems providing the same functionalities. Passenger data includes data created by air carriers or non-carrier economic operators for each journey booked by or on behalf of any passenger and contained in carriers' reservation systems, DCS, or equivalent systems providing similar functionality. PNR data consists of the data fields set out in the Annex;
Amendment 296 #
2011/0023(COD)
Proposal for a directive
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) Masked out means rendering certain data elements of PNR data indecipherable to a user, without deleting them (e.g. by the means of applying a cryptographic state-of-the-art function to the elements of clear text data making a passenger identifiable); elements that are rendered indecipherable must comprise all elements making a passenger identifiable. Identical clear text data may result in identical masked out data in order to make it possible to match data without identifying the persons who are subject to that data.
Amendment 319 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Two or more Member States may establish a single body or designate a single authoritybody, for example at Europol, to serve as their Passenger Information Unit. SuchThe Passenger Information Unit shall be established in one of the participating Member States or at the headquarters of the higher-level body, such as Europol, for instance, and shall be considered the national Passenger Information Unit of all such participating Member States. The participating Member States shall agree on the detailed rules for the operation of the Passenger Information Unit and shall respect the requirements laid down in this Directive.
Amendment 324 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Each Passenger Information Unit shall appoint an independent Data Protection Officer, who ensures the internal supervision of the Passenger Information Unit's activities and will totally oversee the transfer of PNR data to other competent authorities, to other Member States and Europol. The Data Protection Officer shall report wrong conduct of the data protection requirements set out in this directive
Amendment 344 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or serious transnational crime and who require further examination by the competent authorities referred to in Article 5 as well as Europol. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in accordance with this Directive, and may compare PNR data against relevant databases, including international or national databases or national mirrors of Union databases, where they are established on the basis of Union law, on persons or objects sought or under alert, in accordance with Union, international and national rules applicable to such files. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 365 #
2011/0023(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) responding, on a case-by-case basis based on sufficient evidence, to duly reasoned requests from competent authorities or Europol to provide PNR data and process PNR data in specific cases for the purpose of prevention, detection, investigation and prosecution of a terrorist offence or serious crime listed in Article 2.1 (i) or the prevention of an immediate and serious threat to public security, and to provide the competent authorities with the results of such processing; and
Amendment 411 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Each Member State shall adopt a list of the competent authorities entitled to request or receive masked out PNR data or the result of the processing of PNR data from the Passenger Information Units in order to examine that information further or take appropriate action for the specific purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime or the prevention of immediate and serious threats to public security. Europol shall be entitled to request or receive PNR data or the result of the processing of PNR data from the Passenger Information Units of the Member States within the limits of its mandate and when necessary for the performance of its tasks.
Amendment 418 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Competent authorities shall consist of authorities competent for the prevention, detection, investigation or prosecution of terrorist offences and serious crime or the prevention of immediate and serious threats to public security.
Amendment 429 #
2011/0023(COD)
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The PNR data of passengers and the result of the processing of PNR data received by the Passenger Information Unit may be further processed by the competent authorities of the Member States only for the purpose of preventing, detecting, investigating or prosecuting terrorist offences or serious crime or the prevention of immediate and serious threats to public security.
Amendment 485 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considersand to Europol where any elements indicate such a transfer to be necessaryhelpful for the prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. The Passenger Information Units of the receiving Member States shallmay transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities through using their Passenger Information Unit and using Europol's existing Secure Information Exchange Network Application (SIENA).
Amendment 492 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1),and have not yet been masked out and, if necessary, also the result of theany processing of PNR data. Thethereof, if it has already been prepared pursuant to Article 4(2)(a). The duly reasoned request for such data may be based on any one or a combination of data elements, as deemed necessary by the requesting Passenger Information Unit for a specific case of prevention, detection, investigation or prosecution of terrorist offences or serious crime or the prevention of immediate and serious threats to public security. Passenger Information Units shall provide the requested data as soon as practicable and shall provide also the result of the processing of PNR data, if it has already been prepared pursuant to Article 4(2)(a) and (b)ossible.
Amendment 501 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Passenger Information Unit of a Member State shall have the right to request, if necessary, the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’s database in accordance with Article 9(2), and, if necessary, also the result of the processing of PNR data. The Passenger Information Unit may request access to specific PNR data kept by the Passenger Information Unit of another Member State in their full form without the masking out only in exceptional circumstances in responhave been already masked out. The Passenger Information Unit shall only provide the full PNR data where it is reasonably believed that it is necessary for the purpose of Article 4(2)(b) and only when authorised to a specific threat or a specific investigation or prosecution related to terrorist offences or serious crimedo so by an authority competent under Article 9(3).
Amendment 512 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Only in those cases where it is necessary for the prevention of an immediate and serious threat to public securitywhen necessary in cases of emergency and under the conditions laid down in paragraph 2 and 3 may the competent authorities of a Member State request directly the Passenger Information Unit of any other Member State to provide it with PNR data that are kept in the latter’'s database in accordance with Article 9(1) and (2). Such requests shall relate to a specific investigation or prosecution of terrorist offences or serious crime and shall be reasoned. Passenger Information Units shall respond to such requests as a matter of priority. The requests from the competent authorities, a copy of which shall always be sent to the Passenger Information Unit of the requesting Member State, shall be reasoned. In all other cases the competent authorities shall channel their requests through the Passenger Information Unit of their own Member State.
Amendment 536 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Passenger Information Units shall establish the possibility for Europol to request access to PNR data.
Amendment 539 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6 b (new)
Article 7 – paragraph 6 b (new)
6b. Member States shall ensure that their Passenger Information Unit's, in order to fulfil their tasks as laid down in Article 4(2)(c), co-operate in the application of state-of-the-art technologies through Europol using technologies that shall allow Passenger and Europol to combine their data with that of other Passenger Information Unit's by ensuring full protection of personal data with the aim of analysing the data pursuant to Article 4(2)(c).
Amendment 634 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1 a (new)
Article 9 – paragraph 2 – subparagraph 1 a (new)
Re-identification of masked out PNR data and access to the full PNR data shall be permitted only by the Data Protection Officer for the purposes of Article 4(2)(b) and where it could be reasonably believed that it is necessary to carry out an investigation and in response to a specific and actual threat or risk related to terrorist offences or a specific investigation or prosecution related to a crime listed in Article 2.1 or the prevention of an immediate and serious threat to public security.
Amendment 659 #
2011/0023(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the PNR data are deleted permanently upon expiry of the period specified in paragraph 2. This obligation shall be without prejudice to cases where specific PNR data have been transferred to a competent authority and are used in the context of specific criminal investigations or prosecutions, in which case the retention of such data by the competent authority shall be regulated by the national law of the Member State.
Amendment 687 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Each Passenger Information Unit shall appoint a Data Protection Officer in order to ensure compliance with existing national and Union data protection law and fundamental rights; that person shall be trained and qualified to a high standard in data protection law.
Amendment 689 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Each Member State shall provide that the provisions adopted under national law in implementation of Articles 21 and 22 of the Council Framework Decision 2008/977/JHA regarding confidentiality of processing and data security shall also apply to all processing of personal data pursuant to this Directive. Air carriers which collect contact details for passengers who have booked their flights through a travel agency or other travel intermediary shall be prohibited from using those data for marketing purposes.
Amendment 704 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Those persons who operate security controls, who access and analyse the PNR data, and who operate the data logs, must be security cleared and security trained.
Amendment 713 #
2011/0023(COD)
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Any transfer of PNR data by Passenger Information Units and competent authorities to private parties in Member States or in third countries shall be prohibited. Any wrong conduct should be sanctioned.
Amendment 53 #
2010/2306(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that European cinema is not only an important factor in the cultural development and identity of Europe but is also, as it provides more than 30 000 jobs, of growing importance to the economy;
Amendment 87 #
2010/2306(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that the problem of small cinemas mainly exists in rural areas, where they can play a particularly strong social role as meeting places;
Amendment 143 #
2010/2306(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Draws attention, furthermore, to the possibility of including distributors who are subsidised by MEDIA in a possible financing model for the digitisation of European films;
Amendment 60 #
2010/0210(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The duration of stay should be limited by Member States, in accordance with their needs, to a maximum period per calendarin any year, which, together with the definition of seasonal work, should ensure that the work is of genuinely seasonal naturele preserving the seasonal nature of the work. Provision should be made that within that maximum duration of stay, an extension of the contract or change of employer is possible. This should serve to reduce risks of abuses that seasonal workers may face if tied to a single employer and at the same time provide for a flexible response to employers’ actual workforce needs.
Amendment 109 #
2010/0210(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States may reject an application if, within 12 months of its being made, the employer has been sanctioned in conformity with national law for undeclared work and/or illegal employment.
Amendment 111 #
2010/0210(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Seasonal workers shall be allowed to reside for a maximum of six months in any calendar year, after which they shallt least three months in any year, after which they shall return to a third country. The maximum duration of stay shall be laid down by Member States, while preserving the seasonal nature of the work. Seasonal workers shall subsequently return to a third country.
Amendment 112 #
2010/0210(COD)
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Within the period referred to under paragraph 1, and provided that the criteria of Article 5 are met, seasonal workers shall be allowed to extend their contract or to be employed as seasonal worker with a different employer if the first employer has infringed employers’ rights.
Amendment 113 #
2010/0210(COD)
Proposal for a directive
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) an employer who has not fulfilled the obligations arising out of the work contract shall be subject to effective, proportionate and dissuasive sanctions. Such eEmployers contravening labour law provisions shall be excluded from applications for seasonal workers for one or more subsequent years.
Amendment 120 #
2010/0210(COD)
Proposal for a directive
Article 14
Article 14
Member States shall require employers of seasonal workers to provide evidence that the seasonal worker will benefit from accommodation that ensures an adequate standard of living. Employers should not be obliged to provide such accommodation, but should actively help in looking for appropriate accommodation. If seasonal workers are required to pay rent for such accommodation, its cost shall not be excessive in relation to their remuneration.
Amendment 137 #
2010/0209(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall reject an application if the employer or the host entity has been repeatedly sanctioned in conformity with national law for undeclared work and/or illegal employment in the year immediately preceding the application's submission.
Amendment 145 #
2010/0209(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The application shall be lodged to the authorities of the Member State where the intra-corporate transfer mainly takes place. Where it is impossible to anticipate in which country the transfer will mainly take place, the applicant shall be free to choose the country.
Amendment 149 #
2010/0209(COD)
Proposal for a directive
Article 13 – point 4
Article 13 – point 4
4. the right to carry out his/her assignment at the sites of clients and potential business partners of the entities belonging to the group of undertakings listed in the additional document provided for in Article 11 (4), as long as the employment relationship is maintained with the undertaking established in a third country.