1113 Amendments of António MARINHO E PINTO
Amendment 1 #
2018/2197(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Expresses its satisfaction withNotes that the Court of Auditors' declaration that the transactions underlying the annual accounts for the financial year 2017 are legal and regular;
Amendment 3 #
2018/2197(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. WelcomeHighlights the significant increase in its budget 2017, 86 % over 2016 budget, including an increase in operational budget of 295 %, and a net increase of 10 statutory staff (20 %);
Amendment 9 #
2018/2197(DEC)
Draft opinion
Paragraph 8
Paragraph 8
8. Therefore strongly sSupports the continuation of an increased budget for the coming years (EFCA remaining in rank 25 out of the 41 EU agencies in terms of the EU budget contribution);
Amendment 3 #
2018/2089(INI)
Draft opinion
Recital A
Recital A
A. whereas the rapid pace of technology development, both in the transport industry and in the robotics and artificial intelligence sector, will havehas a significant impact on the economy and society; whereas driverless vehicles will significantly change our daily life, will determine the future of worldwide road transport and will also significantly reduce transport costs and improve road safety;
Amendment 6 #
2018/2089(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the existing liability rules, such as Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (the Product Liability Directive) and Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (the Motor Insurance Directive), were not developed to deal with the challenges posed by the use of autonomous cars and stresses that there is growing evidence that the current regulatory framework will no longer be sufficient or adequate when faced with the new risks emerging from increasing vehicle automation, connectivity and complexity;
Amendment 13 #
2018/2089(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Takes the view that, in the light of the dynamic technological changes in the sector, there is a need to clarify who should bear the damage in the event of accidents caused by fully autonomous vehicles; calls therefore on the Commission to carry out a thorough assessment, to adapt the current EU legal framework and, if necessary, introduce new rules on the basis of which responsibility and liability are allocated;
Amendment 18 #
2018/2089(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that an EU-level approach could facilitatwill incentivise the cross-border development of autonomous transport systems by avoiding, facilitate the competitiveness of the European Union’s automative industry, ensure a high level of consumer protection and avoid fragmentation in the internal market;
Amendment 19 #
2018/2079(INL)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas it seems necessary to find a suitable solution as regards the different language regimes which could consist of harmonised forms, available in all EU languages;
Amendment 37 #
2018/2079(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. 11a. Understands that language barriers could be an additional obstacle and thus another reason for choosing one, and not another, law to be applicable;
Amendment 38 #
2018/2079(INL)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Underlines that the availability of uniform standard forms, available in all EU languages, would facilitate access to the EECP;
Amendment 39 #
2018/2079(INL)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Suggests, that in order to ensure uniform standard forms, implementing powers should be conferred to the Commission, exercised in accordance with the Inter-institutional Agreement of 13 April 2016 on Better Law-Making;
Amendment 2 #
2018/2046(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that sustainable growth and investment is the key to creation of quality jobsdecent jobs leading to quality employment and increased prosperity for all and that it is necessary to direct the structural funds and investments more effectively towards promoting inclusive growth, reducing inequalities and boosting upward social convergence;
Amendment 6 #
2018/2046(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that the 2019 budget should contribute towards achieving the Europe 2020 targets in the social and employment area and the successful implementation of the European Pillar of Social Rights, particularly when it comes to combating youth and long-term unemployment, rising inequalities, social exclusion and poverty, in particular child poverty; highlights the need for continued support for the inclusion of migrants; stresses, in this regard, that the 2019 budget cannot be understood outside the context of the 2014-2020 multiannual financial framework (MFF);
Amendment 15 #
2018/2046(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the proposal to increase the commitment appropriations for the FEAD and the EGF (+2% for each); regretnotes, however, the decrease (-60%) of the payment appropriations for the EGF, as well as the decreases (respectively 1.5% and -0.4%) of the commitment and payment appropriation for the EaSI;
Amendment 29 #
2018/2046(BUD)
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes the creation of the European Labour Authority, which is expected to begin operating in 2019; highlights the need to provide for additionalppropriate funding to ensure that sufficient financial resources are set aside for its establishment; regrets that the funding proposed by the Commission (EUR 11 million, appropriations are to be entered into the reserve until such time as the basic act is adopted by the legislator) is of a lower magnitude than the one of other EU agencies in the area of employment and social affairs; insists that this funding cannot be accomplished by redeploying allocations from the other employment and social affairs agencies;
Amendment 5 #
2018/2018(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Chile has been a major player in regional affairs, for example as a guarantor country in the Colombian peace process and the Santo Domingo talks between the Venezuelan Government and opposition; whereas Chile decided to suspend indefinitely its participation in the Santo Domingo talks as the minimum conditions for a democratic presidential election and an institutional normalization were not reached;
Amendment 10 #
2018/2018(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the recent parliamentary and presidential elections have once again demonstrated the stable and mature character of Chilean democracy; whereas Chile has benefited from strong economic growth in recent decades; whereas Chile is one of South America’s fastest-growing economies in recent decades, and reform efforts in the country are still ongoing;
Amendment 13 #
2018/2018(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the existing Association Agreement has been instrumental in deepening EU-Chile political relations and substantially increasing trade and investment flows; whereas continued respect to the rule of law and to a stable legal and political framework enables both Chile and the EU to exercise a free enterprise and adequate investment environment that include safeguards to the principle of legal certainty;
Amendment 21 #
2018/2018(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
a) to considerably strengthen cooperation between Chile and the EU, two like-minded partners in an environment of new uncertainty in international relations, on the basis of our shared values and principles of democracy, the rule of law, good governance, respect for human rights and fundamental freedoms; welcomes the regular dialogue between the EU and Chile on human rights, notably the successful VIII Dialogue of 13 December 2017, and encourages both parties to continue to address it in a multilateral cooperation, strengthening the institutional framework and public policies to promote human rights;
Amendment 26 #
2018/2018(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
c) to put shared values at the core of the modernisation process and to continue the practice of including a human rights clause, as it is done in all AAs; to include a joint commitment to the protection and promotion of human rights, fundamental freedoms, gender equality, and the rights of minorities such as the LGBTI community, ethnic minorities and indigenous people;
Amendment 38 #
2018/2018(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
e) to strengthen dialogue and cooperation on regional and global challenges, such as organised crime, migration, terrorism and climate change, including the implementation of Agenda 2030 for sustainable development;
Amendment 40 #
2018/2018(INI)
Motion for a resolution
Paragraph 1 – point e a (new)
Paragraph 1 – point e a (new)
ea) to recall the importance of the multilateral agenda and that any bilateral negotiation must not undermine the ambition to achieve progress multilaterally;
Amendment 43 #
2018/2018(INI)
Motion for a resolution
Paragraph 1 – point g
Paragraph 1 – point g
g) to encourage Chile to continue supporting regional integration and cooperation schemes, most importantly the Pacific Alliance taking into consideration its encouraging results as a real and active driver of economic integration between the members of the region, as well as, UNASUR, and the Community of Latin American and Caribbean States (CELAC); to examine the possibility of the EU gaining an observer status in the Pacific Alliance;
Amendment 44 #
2018/2018(INI)
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
ga) to create innovative mechanisms that broaden and strengthen triangular cooperation which Chile and the EU has undertaken in Central America and in the Caribbean;
Amendment 51 #
2018/2018(INI)
Motion for a resolution
Paragraph 1 – point k
Paragraph 1 – point k
k) to enhance cooperation on the fight against corruption, money laundering and tax evasion; to promote international effortsinclude provisions on tax good governance and transparency standards that reaffirm the parties’ commitment to implementing international standards in the fight against tax avoidance and tax evasion;
Amendment 53 #
2018/2018(INI)
Motion for a resolution
Paragraph 1 – point k a (new)
Paragraph 1 – point k a (new)
ka) to recall that corruption undermines human rights, equality, social justice, trade and fair competition, impeding economic growth; to include specific sections outlining clear and strong commitments and measures to combat corruption in all its forms and to implement international standards and multilateral anti-corruption conventions;
Amendment 67 #
2018/2018(INI)
Motion for a resolution
Paragraph 1 – point q
Paragraph 1 – point q
q) to ensure the appropriate involvement of civil society both during the negotiations and in the implementation phase of the Association Agreement, including but not limited to the Joint Consultative Committee; stresses the need to establish an institutionalized mechanism for political dialogue of civil society organizations in both regions;
Amendment 69 #
2018/2018(INI)
Motion for a resolution
Paragraph 1 – point t
Paragraph 1 – point t
t) to delaensure that any provisional application of the new agreement until Parliament has given itsshould be subject to the Parliament giving its prior consent;
Amendment 10 #
2018/2009(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the 2017 EU Justice Scoreboard focuses mainly on civil, commercial and administrative justice, as well as on the rule of law as the basis for an effective justice system;
Amendment 38 #
2018/2009(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomNotes the efforts of the Commission to provideesent measurable data and drawput forward concrete conclusions on how Member States have improved or may yet improve the quality and efficiency of their justice systems; regrets that the, especially as re gare still instances where, though applicable or available, no data have been provided by some Member States for certain categories; calls on Member States, therefore, to fully collaborate with the Commission by sharing relevant, up-to- date datads the status and appointment of judges, their independence, and gender equality; calls on Member States, therefore, to intensify their efforts to make data comparable and to fully collaborate with the Commission by supplying the data requested; stresses that the Commission must keep reducing data differences in order to help Member States achieve their priorities;
Amendment 41 #
2018/2009(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 45 #
2018/2009(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of efficient and timely proceedings infor citizens' fundamental rights and social rights in particular, including the matters of strengthening consumer protection and safeguarding intellectual property and data privacy rights; notes with concern that such proceedings are still too lengthy in some Member States; points out in addition that a large backlog of pending cases might also make citizens and businesses less willing to trust the judicial system, trust being the cornerstone of respect for the rule of law;
Amendment 51 #
2018/2009(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages Member States to invest in the use and continued development and use of ICT tools in their judicial systems, in an effort to make them more accessible and, more comprehensible to, and easier to use for all EU citizens, includingespecially those with any form of disability; emphasises the benefit of ICT systems in reducing costs for all stakeholders involved and in improving the overall efficiency and quality of justice systems,; and regrets that their full potential has not yet been reached in all Member Statesthroughout the whole of Europe;
Amendment 54 #
2018/2009(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the need to intensify and diversify the scope of training offered to judges, namely in the fields of gender structuresmainstreaming, judicial ethics, IT skills, courtjudicial management, mediation, and communication with parties and with the press; underlines furthermore the importance of adequate training in EU law and in the different EU cooperation structures, such as Eurojust;
Amendment 63 #
2018/2009(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. AsksCalls on the Commission to consideradd collective redress procedures into next year’s comparative exercise on accessibility factors of justice systems, as it is increasingly significant for facilitating access to justice and efficient dispute resolutionbelieves access to justice and efficient dispute resolution to be of prime importance; considers them a major tool for strengthening consumer, environmental, and health protection in Europe as a whole, in areas in which large numbers of applicants are directly affected;
Amendment 68 #
2018/2009(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights that legal aid for consumers below the poverty threshold remains an essential balancing factor; underlines the role of legal aid in guaranteeing that weaker parties may alsocan have access to justice, a fundamental right under EU law on equal terms, which is a fundamental right in the EU; points out that legal aid should be linked to the poverty threshold in Member States; maintains that legal costs should, in general, be lowered still further, for example by making use of national electronic eJustice portals;
Amendment 77 #
2018/2009(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to introduce, duringbefore the close of next year’s exercise, a new indicator on access to justice for the LGBTI community, for example concerning access to legal aid, the length of proceedings in LGBTI discrimination cases or, where applicable, the impact of measures such as the reversed burden of proofminority groups or vulnerable people;
Amendment 83 #
2018/2009(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Highlights that there is still much to do in terms of gender equality in the judicial professions across Europe, for examplenot least as regards access to the office of judge, and in terms of gender stereotypes, transparency in appointments, reconciliation between work and non-work responsibilities or the existence of mentoring practices; emphasises the clear discrepancy between the proportions of female professionals at lower levels of the judiciary (including non-judge staff) and that at the higicial officers) and at the higher court and prosecution levels; urges the Member States, therefore, to direct their court and prosecution levelsefforts towards learning support, especially in the field of higher education for women in the judicial professions, and to encourage a positive attitude to female judges, who should be viewed as a social asset;
Amendment 94 #
2018/2009(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on Member States to give greater consideration to the fact that a strong, independent judicial system is a key element of an effective justice system, which is in turn central to respect for the rule of law; points out that an independent judicial system relies, on the one hand, on the lack of interference or pressure from government and politics or from economic vested interests and, on the other hand, on effective guarantees provided by the status and position of judges and on their financial situation;
Amendment 4 #
2018/2005(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that Europe faces many challenges linked to globalisation, but it is important to adapt the texts in force in a measured way, on an area-by-area basis, with due respect for national identities and the principles of subsidiarity and proporglobalisation implies many advantages for businesses and citizens; at the same time, globalisation ality so as to take into account the fears expressed by a growing number of citizens about their futureso raises concerns, which need to be addressed by the European Union;
Amendment 9 #
2018/2005(INI)
2. Stresses that this adjustment should take place in at least four areas: the protection of intellectual property, the protection of protected geographical indications (PGIs), the taking into account of opinion 2/15 of 16 May 2017 of the Court of Justice of the European Union (CJEU) and the possible creation of a multilateral court for the settlement of disputes relating to investmentinternational trade plays an important role in how globalisation develops; the legislator, in this regard, should pay special attention to the following areas of jurisdiction among others, which are subjected to international trade agreements: intellectual property rights, including copyright, trademarks and patents, data protection and enhanced transparency obligations, food safety requirements and environmental standards;
Amendment 14 #
2018/2005(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 18 #
2018/2005(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that, with regard to PGIs and agricultural Ge importance to further promote the European Union's scheme of geographical Iindications, or AGIs (including wine and cheese), the Union must be determined strictly to control the use of the traditional European designations of origin, especially in negotiating free trade agreementand traditional specialities and to continue concluding respective bilateral agreements with third countries;
Amendment 20 #
2018/2005(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Insists that oRecalls Opinion 2/15 of the CJEU be taken into account, in particular in that it offers a key for the clear divisourt of Justice of the European Union on the allocation of the competences between the European Union and the Member States, ands recalls that, as regards investment protection, the Courtgards the Free Trade Agreement between the European Union and Singapore, which consicluders that the protection ofEuropean Union enjoys exclusive competences on all trade related matters except for non-direct foreign investment and the, investor-Sstate dispute settlement mechanism are a competence shared between the Union and the Member States, whereas the protection of direct investment fallresolution, covering all types of investments, and ancillary provisions regarding non-direct foreign investment; welcomes the Court opinion as it creates legal clarity for all future EU agreements within the exclusive competence ofird countries, including with the United Kingdom after its departure from the Union;
Amendment 24 #
2018/2005(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. StIn order to addresses the need, in order to protect the public interest, to replace the arbitration courts with a multilateral court to settle investment disputes, and welcomes the fact that the Council has just adopted a negotiating mandate to this effect; limitations of the existing Investor State Dispute Settlement system, welcomes Council's recent mandate given to the European Commission to negotiate, on behalf of the European Union, a Convention establishing a multilateral court for the settlement of investment disputes (MIC); the MIC will serve as a permanent body to settle investment disputes and will be a more transparent, coherent and fair system, which will be extremely beneficial for investors; further welcomes in this regard that the Council has also decided to make the negotiation directives publicly available, which was a longstanding request by the European Parliament in its efforts to push for more transparency in the field of international negotiations;
Amendment 28 #
2018/2005(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Supports, in the light of the above,Welcomes Union initiatives likely to establish a fair and undistorted conditions of competition, without excluding reasonablebalance between undistorted competition and protection measures, such as those already decided on by the Union in the fight against dumping to limit imports of some Chinese producanti-dumping measures as regards third country imports.;
Amendment 6 #
2018/0349M(NLE)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas as long as there is no political solution to the problem regarding the Kingdom of Morocco and the territory of Western Sahara, the conclusion of agreements between the European Union and the Kingdom of Morocco will always be very uncertain owing to the UN’s position and, more recently, the judgment of the Court of Justice of the European Union of 27 February 2018;
Amendment 36 #
2018/0230(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) TEasily accessible traineeships and jobs in solidarity- related areas can offer additional opportunities for young people to make a start or carry on, on the labour market while giving a clear European value in contributing to addressing unmet key societal challenges. This can help foster the employability and productivity of young people while easing their transition from education to employment, which is key to enhancing their chances on the labour market. The traineeship activities offered under the European Solidarity Corps follow the quality principles outlined in Council Recommendation on establishing a Quality Framework for Traineeships, always being paid and based in written agreement21. The traineeships and jobs offered can constitute a stepping stone for young people to enter the labour market and are accompanied by adequate post-activity support. The traineeship and job activities are facilitated by relevant labour market actors, in particular public and private employment services, social partners and Chambers of Commerce, and are remunerated by the participating organisation. As participating organisations, they should apply for funding via the competent implementing body of the European Solidarity Corps in view of intermediating between the young participants and employers offering traineeship and job activities in solidarity sectors. __________________ 21 Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships (OJ C 153, 2.5.2018, p. 1).
Amendment 38 #
2018/0230(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Efforts should be made to ensure that traineeships and jobs are opened to talented and competent youth, in particular to young people with fewer opportunities to participate in solidarity- related activities, including those with disabilities, social or cultural disadvantages, migrants and residents in isolated rural areas and the outermost regions of the EU.
Amendment 53 #
2018/0230(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) A quality label should ensure compliance of the participating organisations with the principles and requirements of the European Solidarity Corps, as regards their rights and responsibilities during all stages of the solidarity experience. Obtaining a quality label is a precondition for participation but should not automatically lead to funding under the European Solidarity Corps. Separate quality labels should be put in place for volunteering and for traineeships and jobs, taking into consideration the specific characteristics of each component. The process that leads to attribution of a quality label should not create additional bureaucracy that would dissuade organisations and private businesses from contributions to the European Solidarity Corps.
Amendment 84 #
2018/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘job’ means a solidarity activity for a period from 23 to 12 months, which include a learning and training component, is based on a written agreement and paid by the participating organisation employing the European Solidarity Corps participant;
Amendment 92 #
2018/0230(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘quality label’ means the certification attributed to a participating organisation willing to provide solidarity activities under the European Solidarity Corps, in the role of a host and/or in a support function; Separate quality labels shall be put in place for volunteering and for traineeships and jobs.
Amendment 123 #
2018/0230(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. A traineeship as referred to in Article 4.1, point (b) shall always be paid and be based on a written traineeship agreement in accordance with the applicable regulatory framework of the country where the traineeship takes place, as appropriate, and taking into account the principles of the Quality Framework for Traineeships (2014/C 88/01). Traineeships shall not substitute jobs.
Amendment 75 #
2018/0212(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The activation of EISF support should therefore be determined by a double activation trigger based on both the level of national unemployment and long-term unemployment rate compared to its past average and the change in unemployment compared to a certain threshold. The activation of EISF support should be determined also by the level of population at-risk-of-poverty or social exclusion and the level of general government expenditure in social aspects in terms of GDP compared with the past levels;
Amendment 97 #
2018/0212(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. A Member State shall be considered to experience a large asymmetric shock if at least three of the following activation criteria are simultaneously fulfilled:
Amendment 98 #
2018/0212(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
a) the quarterly national unemployment rate exceeded the averageand long-term unemployment rate exceeded the average unemployment and long-term unemployment rate in the Member State concerned over a period of 60 quarters preceding the quarter during which the request is made;
Amendment 100 #
2018/0212(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
b) the quarterly national unemployment and long-term unemployment rate increased above one percentage point in comparison to the unemployment and long-term unemployment rate observed in same quarter of the previous year.
Amendment 102 #
2018/0212(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
b a) the percentage of people at risk of poverty and social exclusion in the Member State exceeds the EU average over a period of 12 quarters preceding the quarter during which the request is made;
Amendment 104 #
2018/0212(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b b (new)
Article 4 – paragraph 1 – point b b (new)
b b) the percentage of general government expenditure on social aspects in terms of GDP in the Member States concerned have been decreasing over a period of 12 quarters preceding the quarter during which the request is made;
Amendment 105 #
2018/0212(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The activation criteria described in subparagraphs (a) and (b) must be simultaneously fulfilled by the requesting Member State.
Amendment 91 #
2018/0210(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) It is necessary to establish a European Maritime and Fisheries Fund (EMFF) for the 2021-2027 period. That fund should aim to target funding from the Union budget to support the full and timely implementation of the Common Fisheries Policy (CFP), the Union's maritime policy and the Union's international commitments in the field of ocean governance. Such funding is a, combined with responsible fisheries policies, one of the key enablers for sustainable fisheries and the conservation of marine biological resources, for food security through the supply of seafood products, for the growth of a sustainable blue economy and for healthy, safe, secure, clean and sustainably managed seas and oceans.
Amendment 105 #
2018/0210(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Under direct management, the EMFF should develop synergies and complementarities with other relevant Union funds and programmes as well as synergies between members states and regions. It should also allow financing in the form of financial instruments within blending operations implemented in accordance with Regulation (EU) xx/xx of the European Parliament and of the Council [Regulation on InvestEU]5 . _________________ 5 OJ C […], […], p. […].
Amendment 121 #
2018/0210(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The multiannual financial framework set out in Regulation (EU) xx/xx6 provides that the Union budget must continue to support fisheries and maritime policies. The EMFF budget should amount, in current prices, to EUR 6 140 000 000. EMFF resources should be split between shared, direct and indirect management. EUR 5 311 000 000 should be allocated to support under shared management and EUR 829 000 000 to support under direct and indirect management. In order to ensure stability in particular with regard to the timely achievement of the objectives of the CFP, the definition of national allocations under shared management for the 2021- 2027 programming period should be based on the EMFF 2014-2020 shares. Specific amounts should be reserved for the outermost regions, control and enforcement and collection and processing of data for fisheries management and scientific purposes, while amounts for permanent cessation and extraordinary cessation of fishing activities should be capped. _________________ 6 OJ C […], […], p. […].
Amendment 134 #
2018/0210(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The EMFF should be based on four priorities that are fully in line with the objectives CFP: fostering sustainable fisheries and the conservation of marine biological resources; contributing to food security in the Union through competitive and sustainable aquaculture and markets; enabling the growth of a sustainable blue economy and fostering prosperous coastal communities; strengthening international ocean governance and enabling safe, secure, clean and sustainably managed seas and oceans. Those priorities should be pursued through shared, direct and indirect management.
Amendment 140 #
2018/0210(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The priorities could be specified with specific EU objectives to give further clarity on what the fund can be used for and to increase the efficiency of the fund
Amendment 163 #
2018/0210(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In accordance with Article 42 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ('CFP Regulation')7 , Union financial assistance under the EMFF should be conditional upon full compliance with the rules of the CFP and relevant EU environmental law. EU financial assistance should be granted only to those operators and member states who fully comply with their relevant legal obligations. Applications from beneficiaries that do not comply with the applicable rules of the CFP should not be admissible. _________________ 7 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
Amendment 166 #
2018/0210(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to address the specific conditions of the CFP referred to in Regulation (EU) No 1380/2013 and to contribute to the full compliance with the rules of the CFP, provisions additional to the rules on interruption, suspension and financial corrections as set out in Regulation (EU) No [Regulation laying down Common Provisions] should be laid down. Where a Member State or a beneficiary has failed to comply with its obligations under the CFP, or where the Commission has evidence that suggests such a lack of compliance, the Commission should, as a precautionary measure, be allowed to interrupt payment deadlines. In addition to the possibility of interruption of the payment deadline, and in order to avoid an evident risk of paying out ineligible expenditure, the Commission should be allowed to suspend payments and impose financial corrections in cases of serious non- compliance with rules of the CFP by a Member State.
Amendment 168 #
2018/0210(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) MuchSteps hasve been achievedtaken over the last few years by the CFP intowards bringing fish stocks back to healthy levels, in increasing the profitability of the Union's fishing industry and in conserving marine ecosystems. However, substantial challenges remain to fully achieve the socio- economic and environmental objectives of CFP, including the legal obligation to restore and maintain all populations of fish stocks above biomass levels capable of producing maximum sustainable yield. This requires continued support beyond 2020, notably in sea basins where progress has been slower.
Amendment 176 #
2018/0210(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Fisheries are vital to the livelihood and cultural heritage of many coastal and island communities in the Union, in particular where small-scale coastal fishing plays an important role. With the average age in many fishing communities being over 50, generational renewal and diversification of activities remain a challenge.
Amendment 178 #
2018/0210(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The EMFF should aimcontribute to achieveing the environmental, economic, social and employment objectives of the CFP, as defined in Article 2 of Regulation (EU) No 1380/2013. Such support should ensure that fishing activities are environmentally sustainable in the long- term and managed in a way that is consistent with the objectives set out in Article 2.2 of Regulation (EU) No 1380/201, which will contribute tof achieving economic, social and employment benefits, and of contributing to the availability of food supplies.
Amendment 182 #
2018/0210(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Support from the EMFF should aim to achieve and maintain sustainable fishing based on thecontribute to the timely achievement of the legal obligation to restore and maintain populations of all fish stocks above biomass levels capable of producing maximum sustainable yield (MSY) and to minimise, and where possible eliminate, the negative impacts of fishing activities on the marine ecosystem. That support should include innovation and investments in low- impact, climate resilient and low-carbon fishing practices and techniques.
Amendment 190 #
2018/0210(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The landing obligation is a legal obligation and one of the main challenges of the CFP. It has implied significthe end of the environmentally unacceptable practise of discarding as well as significant important changes in fishing practices for the sector, sometimes with an important financial cost. ItThe members states should therefore be possible foruse the EMFF to support innovation and investments that contribute to the full and timely implementation of the landing obligation, with a higher aid intensity rate than the one that applies to other operations, like investments in selective fishing gears, in the improvement of port infrastructures and in the marketing of unwanted catches. It should also grant a maximum aid intensity rate of 100% to the design, development, monitoring, evaluation and management of transparent systems for exchanging fishing opportunities between Member States ('quota swaps'), in order to mitigate the 'choke species' effect caused by the landing obligation.
Amendment 197 #
2018/0210(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) It should be possible for the EMFF to support innovation and investments on board fishing vessels in order to improve health, safety and working conditions, energy efficiency and the quality of catches. Such support should, however, not lead to a risk of an increase of fishing capacity or ability to find fish and should not be granted simply for complying with requirements that are obligatory under Union or national law. Under the architecture with no prescriptive measures, it should be up to Member States to define the precise eligibility rules for those investments. With regard to health, safety and working conditions on board fishing vessels, a higher aid intensity rate than the one that applies to other operations should be allowed.
Amendment 202 #
2018/0210(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Fisheries control is of utmost importanceessential for the full implementation of the CFP. Therefore, the EMFF should support under shared management the development and implementation of a Union fisheries control system as specified in Council Regulation (EC) No 1224/2009 ('Control Regulation')8 . Certain obligations foreseen bypotentially included in the revision of the Control Regulation may justify a specific support from the EMFF, i.e. the compulsory vessel tracking and electronic reporting systems in the case of small-scale coastalfor more types of fishing vessels, the compulsory remote electronic monitoring systems and the compulsory continuous measurement and recording of propulsive engine power. In addition, investments by Member States in control assets could also be used for the purpose of maritime surveillance and cooperation on coastguard functions. _________________ 8 Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).
Amendment 210 #
2018/0210(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Given the challenges toIn order to contribute to ensuring the achievement of the conservation objectives of the CFP, it should in exceptional circumstances and under strict conditions be possible for the EMFF to support actions for the management of fisheries and fishing fleets. In this context, support for fleet adaptation remains sometimes necessary with regard to certain fleet segments and sea basins. Such support should be tightly targeted to the conservation and sustainable exploitation of marine biological resources and aimed to achieve balance between the fishing capacity and the available fishing opportunities. Therefore, in exceptional circumstances it should be possible for the EMFF to support the permanent cessation of fishing activities in fleet segments where the fishing capacity is not balanced with the available fishing opportunities. Such support should be a tool of theconditional to the revoking of the fishing licence and the development of a national action plans for the adjustment of fleet segments with identified structural overcapacity, as provided for in Article 22(4) of Regulation (EU) No 1380/2013, and should be implemented either through the scrapping of the fishing vessel or through its decommissioning and retrofitting for other activities. Where, without the retrofitting would leading to an increased pressure of recreational fishing on the marine ecosystem, support should only be granted if in line with the CFP and the objectives of the relevant multiannual plans. In order to ensure the consistency of fleet structural adaptation with conservation objectives, support for the permanent cessation of fishing activities should be strictly conditional and linked to the achievement of results identified in the national action plan and in the delegated acts of the European Commission, which should relate to the achievement of the conservation objectives of the CFP. It should therefore be implemented only by financing not linked to costs, as provided for in Regulation (EU) No [Regulation laying down Common Provisions]. Under that mechanism, Member States should not be reimbursed by the Commission for permanent cessation of fishing activities on the basis of real costs incurred but on the basis of the fulfilment of conditions and of the achievement of results. For this purpose, the Commission should establish in a delegated act such conditions, which should relate to the achievement of the conservation objectives of the CFP.
Amendment 235 #
2018/0210(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Small-scale coastal fishing is carried out by fishing vessels below 12 metres and not using towed fishing gears. That sector represents nearly 75% of all fishing vessels registered in the Union and nearly half of all employment in the fishery sector. Operators from small-scale coastal fisheries are particularly dependant on healthy fish stocks for their main source of income. The EMFF should therefore give them a preferential treatment through a 100% aid intensity rate, including for operations related to control and enforcement, with the aim of encouraging sustainable fishing practices in line with the CFP objectives. In addition, certain areas of support should be reserved for small-scale fishing in fleet segment where the fishing capacity is balanced with the available fishing opportunities, i.e. support for the acquisition of a second- hand vessel and for engine replacement or modernisation as well as for young fishermen. Furthermore, Member States should include in their programme an action plan for small-scale coastal fishing, which should be monitored on the basis of indicators for which milestones and targets should be set.
Amendment 259 #
2018/0210(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Fisheries and sustainable aquaculture contribute to food security and nutrition. However, the Union currently imports more than 60% of its supply of fishery products and is therefore highly dependent on third countries. An important challenge is to encourage the consumption of fish protein produced in the Union with high quality standards and available for consumers at affordable prices.
Amendment 270 #
2018/0210(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) It should be possible for the EMFF to support the promotion and the sustainable development of aquaculture, including freshwater aquaculture, for the farming of aquatic animals and plants for the production of food and other raw material. Complex administrative procedures in some Member States remain in place, such as difficult access to space and burdensome licensing procedures, which make it difficult for the sector to improve the image and competitiveness of farmed products. Support should be consistent with the multiannual national strategic plans for aquaculture developed on the basis of Regulation (EU) No 1380/2013. In particular, support for environmental sustainability, productive investments, innovation, acquisition of professional skills, improvement of working conditions, compensatory measures providing critical land and nature management services should be eligible. Public health actions, aquaculture stock insurance schemes and animal health and welfare actions should also be eligible. However, in the case of productive investments support should mostly be provided only through financial instruments and through InvestEU, which offer a higher leverage on markets and are therefore more relevant than grants to address the financing challenges of the sector.
Amendment 288 #
2018/0210(COD)
Proposal for a regulation
Recital 34 b (new)
Recital 34 b (new)
(34b) Apart from the eligible measures already mentioned, other areas related to fisheries and aquaculture should be possible for the EMFF to support including the compensation for damage to catches caused by mammals and birds protected by EU legislation, notably seals and cormorants
Amendment 293 #
2018/0210(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) Job creation in coastal regions and islands often relies on a locally driven development of a sustainable blue economy that revives the social fabric of those regions. Ocean industries and services are likely to outperform the growth of the global economy and make an important contribution to employment and growth by 2030. To be sustainable, blue growth depends on innovation and investment in new maritime businesses and in the bio- economy, including sustainable tourism models, ocean-based renewable energy, innovative high-end shipbuilding and new port service, which can create jobs and at the same time enhance local development. Whilst public investment in the sustainable blue economy should be mainstreamed throughout the Union budget, the EMFF should specifically concentrate on enabling conditions for the development of the sustainable blue economy and on removing bottlenecks to facilitate investment and the development of new markets and technologies or services. Support for the development of the sustainable blue economy should be delivered through shared, direct and indirect management.
Amendment 314 #
2018/0210(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) As a global actor, the Union is strongly committed to promoting international ocean governance, in accordance with the Joint Communication to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 10 November 2016 entitled 'International Ocean Governance: and agenda for the future of our oceans'17 . The Union's ocean governance policy is a new policy that covers the oceans in an integrated manner. International ocean governance is not only core to achieve the 2030 Agenda for Sustainable Development, and in particular Sustainable Development Goal 14 ('Conserve and sustainably use the oceans, seas and marine resources for sustainable development'), but also to guarantee safe, secure, clean and sustainably managed seas and oceans for future generations. The Union needs to deliver on those international commitments and be a driving and leading force for better international ocean governance at bilateral, regional and multilateral levels, including to prevent, deter and eliminate illegal, unreported and unregulated fishing, to improve the international ocean governance framework, to reduce pressures on oceans and seas, to create the conditions for a sustainable blue economy and to strengthen international ocean research and data. _________________ 17 JOIN(2016) 49 JOIN(2016) 49
Amendment 360 #
2018/0210(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point 14
Article 3 – paragraph 2 – point 14
(14) ‘small-scale coastal fishing’ means fishing carried out by fishing vessels of an overall length of less than 120 metres and not using towed gear as listed in Article 2(1) of Council Regulation (EC) No 1967/200626 ; _________________ 26 Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, p. 11).
Amendment 438 #
2018/0210(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. At least 20% of the Union financial support allocated per Member State shall be allocated to the areas of support referred to in Article 22 and Article 27.
Amendment 439 #
2018/0210(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4 a. Any funding that is not spent under Articles 19 and 20 on control and data collection may be reallocated to the European Fisheries Control Agency
Amendment 444 #
Amendment 446 #
2018/0210(COD)
Proposal for a regulation
Article 6 – paragraph 5 – point b
Article 6 – paragraph 5 – point b
(b) 108% of the Union financial support allocated per Member State.
Amendment 452 #
2018/0210(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The part of the financial envelope under direct and indirect management as specified in Title III shall be EUR 829 000 00020 % of the total budget of the EMFF in current prices.
Amendment 467 #
2018/0210(COD)
Proposal for a regulation
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) a strategy for the sustainable exploitation of fisheries and, the development of sustainable blue economy sectors including the actions necessary to achieve the sustainability of coastal communities, as well as a strategy on the contribution of EMFF to achieving good environmental status, including through the Natura 2000 prioritised action frameworks;
Amendment 489 #
2018/0210(COD)
Proposal for a regulation
Article 9 – paragraph 6 – point e
Article 9 – paragraph 6 – point e
(e) the most recent evidence on the balance between the environmental priorities and the socio-economic performance of the sustainable blue economy, and in particular the fishery and aquaculture sector;
Amendment 506 #
2018/0210(COD)
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) has committed serious infringements under Article 42 of Council Regulation (EC) No 1005/200828 or Article 90 of Council Regulation (EC) No 1224/2009 or under other legislation adopted by the European Parliament and by the Council; _________________ 28 Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).
Amendment 512 #
2018/0210(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The beneficiary, after submitting the application, shall continue to comply with the admissibility conditions referred to in paragraph 1 throughout the period of implementation of the operation and for a period of fivesix years after the final payment to that beneficiary.
Amendment 516 #
2018/0210(COD)
Proposal for a regulation
Article 12 – paragraph 4 – point a
Article 12 – paragraph 4 – point a
(a) the identification of the threshold triggering and the length of period of time of inadmissibility referred to in paragraphs 1 and 3, which shall be proportionate to the nature, gravity, duration and repetition of the serious infringements, offences or fraud, and shall be of at least one year’s duration;
Amendment 522 #
2018/0210(COD)
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5 a. Member States may apply the inadmissibility period also to applications submitted by the fishers in inland waters, who have committed serious infringements as defined by national rules
Amendment 523 #
2018/0210(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Eligible operations A variety of operations identified by the Member States in their programmes may be supported by the EMFF, provided that they are covered by one or more of the priorities identified in this Regulation and is not among those deemed as ineligible
Amendment 530 #
2018/0210(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
(a) operations that may lead to an increase the fishing capacity of a fishing vessel or support the acquisition of equipment that increases the ability of a fishing vessel to find fish;
Amendment 559 #
2018/0210(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point h a (new)
Article 13 – paragraph 1 – point h a (new)
(ha) Notwithstanding point (h), such operations may be provided for in small, unmanned ports in remote areas, notably on remote islands
Amendment 592 #
2018/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Support under this Chapter shall contribute to the achievement of the environmental, economic, social and employment objectives of the CFP, aobjectives set out in Article 2 of Regulation (EU) No 1380/2013, notably paragraph 2 thereof.
Amendment 648 #
2018/0210(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The vessels referred to in paragraph 1 shall be equipped for sea fishing and be between 5 and 30 years old.
Amendment 661 #
2018/0210(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point c
Article 16 – paragraph 3 – point c
(c) the engine power of the fishing vessel shall have been physically inspected by the Member State to ensure that it does not exceed the engine power stated in the fishing license, if the vessel is over 10 meters of length.
Amendment 670 #
2018/0210(COD)
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. Ifn exceptional cases, the support referred to in paragraph 1 ismay be granted through the compensation for the permanent cessation of fishing activities, provided that the following conditions shallare be complied with:
Amendment 671 #
2018/0210(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) the cessation is foreseen as a tool of an action plan to reduce fleet capacity referred to in Article 22(4) of Regulation (EU) No 1380/2013;
Amendment 673 #
2018/0210(COD)
Proposal for a regulation
Article 17 – paragraph 2 – point a a (new)
Article 17 – paragraph 2 – point a a (new)
(aa) the cessation leads to a total decrease in the fishing capacity as the money received is not re-invested in the sector
Amendment 732 #
2018/0210(COD)
Proposal for a regulation
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the commercial activities of the vessel concerned are stopped during at least 9120 consecutive days; and
Amendment 749 #
2018/0210(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 1 – point a
Article 18 – paragraph 3 – subparagraph 1 – point a
(a) owners of fishing vessels which are registered as active and which have carried out fishing activities at sea for at least 120 days in eachat least two of the last three calendar years preceding the year of submission of the application for support; or
Amendment 763 #
2018/0210(COD)
Proposal for a regulation
Article 18 – paragraph 3 – subparagraph 2
Article 18 – paragraph 3 – subparagraph 2
The reference to the number of days at sea in this paragraph shall not apply to eel fisheries and vessels under 10 meters.
Amendment 802 #
2018/0210(COD)
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. The support referred to in paragraph 1 may in particular cover:
Amendment 814 #
2018/0210(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point b a (new)
Article 22 – paragraph 2 – point b a (new)
(b a) protecting gear and catches from mammals and birds protected by Directives 92/43/EEC or 2009/147/EC, provided that it does not undermine the selectivity of the fishing gear.
Amendment 821 #
2018/0210(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point f a (new)
Article 22 – paragraph 2 – point f a (new)
(f a) Schemes for compensation for damage to catches caused by mammals and birds protected by Directives 92/43/EEC and 2009/147/EC
Amendment 839 #
Amendment 844 #
2018/0210(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The EMFF may support the promotion of a sustainable aquaculture, including aquaculture with closed water recirculating systems; as provided for in Article 34(1) of Regulation (EU) No 1380/2013. It may also support animal health and welfare in aquaculture in accordance with Regulation (EU) No 2016/429 of the European Parliament and of the Council32 and Regulation (EU) No 652/2014 of the European Parliament and of the Council33 . _________________ 32 Regulation (EU) No 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health ('Animal Health Law') (OJ L 84, 31.03.2016, p. 1). 33 Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.06.2014, p. 1).
Amendment 852 #
2018/0210(COD)
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Productive sustainable aquaculture investments under this Article may onlyin particular be supported through the financial instruments provided for in Article 52 of Regulation (EU) No [Regulation laying down Common Provisions] and through InvestEU, in accordance Article 10 of that Regulation but may also be supported by grants.
Amendment 857 #
2018/0210(COD)
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. The support referred to in paragraph 1 may cover: (a) actions to achieve or maintain a good environmental status in the marine environment, as set out in Article 1(1) of Directive 2008/56/EC and a good ecological status in the body of surface water, as set out in Article 4 of Directive 2000/60/EC; (b) the implementation of spatial protection measures established pursuant to Article 13(4) of Directive 2008/56/EC; (c) the management, restoration and monitoring of Natura 2000 areas, in accordance with the prioritised action frameworks established pursuant to Article 8 of Directive 92/43/EEC; (d) the protection of species under Directive 92/43/EEC and Directive 2009/147/EC, in accordance with the prioritised action frameworks established pursuant to Article 8 of Directive 92/43/EEC.
Amendment 867 #
2018/0210(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The EMFF may support actions contributing to the achievement of the objectives of the common organisation of the markets in fishery and aquaculture products as provided for in Article 35 of Regulation (EU) No 1380/2013 and further specified in Regulation (EU) No 1379/2013. It may also support actions promoting the marketing, the quality and the value added of fishery and sustainable aquaculture products.
Amendment 927 #
2018/0210(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. In accordance with Article 90(4) of Regulation (EU) No [Regulation laying down Common Provisions], the Commission may interrupt the payment deadline for all or part of a payment application in the case of evidence of non- compliance by a Member State with the rules applicable under the CFP or relevant EU environmental law, if the non- compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested.
Amendment 929 #
2018/0210(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. In accordance with Article 91(3) of Regulation (EU) No [Regulation laying down Common Provisions], the Commission may adopt implementing acts suspending all or part of the interim payments under the programme in the case of serious non-compliance by a Member State with the rules applicable under the CFP or relevant EU environmental law, if the serious non-compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested.
Amendment 931 #
2018/0210(COD)
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
(b) expenditure contained in a payment application is affected by cases of serious non-compliance with the rules of the CFP or relevant EU environmental law by the Member State which have resulted in the suspension of payment under Article 34 and the Member State concerned still fails to demonstrate that it has taken the necessary remedial action to ensure compliance with and the enforcement of applicable rules in the future.
Amendment 932 #
2018/0210(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The Commission shall decide on the amount of the correction taking into account the nature, gravity, duration and repetition of the serious non-compliance by the Member State or beneficiary with the rules of the CFP or relevant EU environmental law and the importance of the EMFF contribution to the economic activity of the beneficiary concerned.
Amendment 934 #
2018/0210(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. Where it is not possible to quantify precisely the amount of expenditure linked to non-compliance with the rules of the CFP or relevant EU environmental law by the Member State, the Commission shall apply a flat rate or extrapolated financial correction in accordance with paragraph 4.
Amendment 940 #
2018/0210(COD)
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. Each Member State shall publish the report referred to in paragraph 1 in both the original language and in one of the working languages of the European Commission.
Amendment 941 #
2018/0210(COD)
Proposal for a regulation
Article 38 – paragraph 3 b (new)
Article 38 – paragraph 3 b (new)
3b. The report referred to in paragraph 1 shall be routinely published on the website of the European Commission.
Amendment 942 #
2018/0210(COD)
Proposal for a regulation
Article 38 – paragraph 3 c (new)
Article 38 – paragraph 3 c (new)
3c. Each Member State and the Commission shall publish reports on best practices on their respective websites.
Amendment 944 #
2018/0210(COD)
Proposal for a regulation
Article 38 – paragraph 4 a (new)
Article 38 – paragraph 4 a (new)
4a. The Commission shall publish all relevant documents related to the adoption of the implementing acts referred to in paragraph 7.
Amendment 38 #
2018/0207(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the EU project. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the EU budget. At a time where European societies are confronted with extremism, radicalism and division, prejudice and anti-democratic ideologies, by means of new and more dangerous ways, using ‘fake news’ and cyber-attacks, spreading hate and mistrust against our open and inclusive societies, it is more important than ever to promote, strengthen and defend justice, rights and EU values:, EU values and the rule of law, which is inseparable from democracy itself, and a condition for its effectiveness. To promote and support human rights, respect for human dignity, freedom, democracy, equality, and the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As part of the new Fund, the Justice Programme will continue to support the further development of Union area of justice and cross-border cooperation. The Rights and Values Programme will bring together the 2014-2020 Programme Rights, Equality and Citizenship established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council8 and the Europe for Citizens programme established by Council Regulation (EU) No 390/20149 , (hereafter 'the predecessor Programmes'). __________________ 8 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 9 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014- 2020 (OJ L 115, 17.4.2014, p.3)
Amendment 44 #
2018/0207(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities, which contribute to makesupport, disseminate and protect our common values, rights and rich diversity, keeping them alive and vibrant. The ultimate objective is to nurture and sustain rights- based, equal, inclusive and democratic society. That includes defending a vibrant civil society, encouraging people's democratic, civic and social participation and fostering the rich diversity of European society, based on our common values, history and memory. Article 11 of the Treaty of the European Union further specifies that the institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
Amendment 48 #
2018/0207(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Rights and Values programme (the 'Programme') should allow developing synergies to tackle the challenges that are common to the dissemination, promotion and protection of values and to reach a critical dimension to have concrete results in the field. That should be achieved by building on the positive experience of the predecessor Programmes and also developing new innovative measures. This will enable to fully exploit the potential of synergies, to more effectively support the policy areas covered and to increase their potential to reach people. To be effective, the Programme should take into account the specific nature of the different policies, their different target groups and their particular needs through tailor-made approaches.
Amendment 49 #
2018/0207(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to bring the European Union closer to its citizens, a variety of actions and coordinated efforts are necessary. Bringing together citizens in town-twinning projects or networks of towns and supporting civil society organisations in the areas covered by the programme will contribute to increase citizens' engagement in society and ultimately their involvement in the democratic life of the Union. At the same time supporting activities promoting mutual understanding, diversity, dialogue and respect for others fosters a sense of belongingsocial integration and a European identity, based on a shared understanding of European values, culture, history and heritage. The promotion of a greater sense of belonging to the Union and of Union values is particularly important amongst citizens of the EU outermost regions due to their remoteness and distance from continental Europe.
Amendment 55 #
2018/0207(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Citizens should also be more aware of their rights deriving from citizenship of the Union, and should feel at ease about living, travelling, studying, working and volunteering in another Member State, and should feel ab. The free movement of workers, in particular, is a fundamental principle of the Treaty enshrined in Article 45 TFEU. Citizens, therefore, should be entitled to enjoy and exercise all their citizenship rights, place their trust in equal access, full enforceability and protection of their rights without any discrimination, no matter where in the Union they happen to be. As regards to the free movement of workers, and pursuant to Article 46 TFEU, the Union should take action to abolish discrimination based on nationality between workers of the EU, and to remove barriers to the free movement of workers. Civil society needs to be supported for the promotion, safeguarding and raising awareness of EU common values under Article 2 TEU and in contributing to the effective enjoyment of rights under Union law.
Amendment 61 #
2018/0207(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Equality between women and men is a fundamental value and an objective of the European Union. Article 8 of the Treaty gives the Union the task of eliminating inequalities and promoting an effective equality between men and women through all its activities. Discrimination against and unequal treatment of women violates their fundamental rights and prevents their full political, social and economic participation in society. In addition, the existence of structural and cultural barriers hinders the achievement of real gender equality. Promoting gender equality in all activities of the Union, including in work and employment, where discrimination persists on the level of payment and on access to the labour market, is therefore a core activity for the Union and a driver for economic growth and should be supported by the programme.
Amendment 64 #
2018/0207(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Strong political will and coordinated action based on the methods and results of the previous Daphne Programmes, the Rights, Equality and Citizenship Programme and the Justice Programme are necessary in order to prevent and combat all forms of violence and to protect victims, groups at risk and particularly vulnerable persons. In particular, since its launch in 1997, the Daphne funding to support victims of violence and combat the violence against women, children and young people has been a genuine success, both in terms of its popularity with stakeholders (public authorities, academic institutions and non- governmental organisations) and in terms of the effectiveness of the funded projects. It has funded projects to raise awareness, to provide support services to victims, groups at risk, and particularly vulnerable persons, to support the activities of non- governmental organisations (NGOs) working on the ground. It has addressed all forms of violence, such as for instance domestic violence, sexual violence, trafficking in human beings, as well as new emerging forms of violence such as cyber- bullying. It is therefore important to continue all these actions and that those results and lessons learned are taken into due consideration in the implementation of the Programme.
Amendment 71 #
2018/0207(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Non-discrimination is a fundamental principle of the Union. Article 19 of the Treaty on the Functioning of the European Union provides for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Non- discrimination is also enshrined in Article 21 of the Charter. The specific features of the diverse forms of discrimination should be taken into account and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds. The Programme should support actions to prevent and combat discrimination, racism, xenophobia, anti- semitism, anti-muslim hatred and other forms of intolerance, as misogyny, homophobia and ageism. In that context, particular attention should also be devoted to preventing and combating all forms of violence, hatred, segregation and stigmatisation, as well as combating bullying (including cyber-bullying), harassment and intolerant treatment. The Programme should be implemented in a mutually reinforcing manner with other Union activities that have the same objectives, in particular with those referred to in the Commission Communication of 5 April 2011 entitled ‘An EU Framework for National Roma Integration Strategies up to 202010 ’ and in the Council Recommendation of 09 December 2013 on effective Roma integration measures in the Member States11 . __________________ 10 COM(2011)173. 11 OJ C 378, 24.12.2013, p. 1.
Amendment 74 #
2018/0207(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In accordance with Union acts on equal treatment, Member States set up independent bodies for the promotion of equal treatment, commonly known as "equality bodies", in order to combat discrimination based on race and ethnic origin as well as gender. However, many Member States have gone beyond these requirements and ensured that equality bodies can also deal with discrimination based on the other grounds such as age, sexual orientation, religion and belief, disability or other grounds. Equality bodies play a key role in promoting equality and ensuring effective application of equal treatment legislation by providing in particular an independent assistance to victims of discrimination, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to discrimination in their country. It is essential that the work of all those relevant equality bodies is coordinated at Union level in this respect. EQUINET was created in 2007. Its members are the national bodies for the promotion of equal treatment as established by Council Directives 2000/43/EC15 and 2004/113/EC16 , and by Directives 2006/54/EC17 and 2010/41/EU18 of the European Parliament and of the Council. EQUINET is in an exceptional situation, being the only entity which ensures coordination of activities between equality bodies. This coordination activity by EQUINET is key for the good implementation of Union anti- discrimination law in Member States and should be supported by the Programme. __________________ 15 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000, p. 22). 16 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004, p. 37). 17 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23). 18 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L 180, 15.7.2010, p. 1).
Amendment 78 #
2018/0207(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) preventing, including with educational actions, and combating all forms of violence against children, young people and women, as well as violence against other groups at risk;
Amendment 79 #
2018/0207(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) A high level of employment, the guarantee of adequate social protection, the fight against social exclusion, the pursuit of a high level of education and training are objectives to be incorporated by the EU when defining its policies and activities. The Programme should aim for equal opportunities among European citizens and to promote the objectives enshrined in article 9 TFEU, including exploring synergies and complementarities between those objectives.
Amendment 84 #
2018/0207(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The general objective of the Programme is to protect and promote rights and values as enshrined in the EU Treaties, including by supporting civil society organisations, in order to sustain and preserve open, democratic and inclusive societies.
Amendment 88 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) preventing and combating inequalities and discrimination on grounds of sex, racial or ethnic origin, religion or, belief or opinion, disability, age or sexual orientation, and supporting comprehensive policies to promote gender equality and anti- discrimination and their mainstreaming as well as policies to combat racism and all forms of intolerance, including online;
Amendment 95 #
2018/0207(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) increasing citizens’ understanding of the Union, its shared values, history, cultural heritage and diversity;
Amendment 99 #
2018/0207(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) preventing, including with informative and educational actions, and combating all forms of violence against children, young people and women, women and aged persons, as well as violence against other groups at risk, and particularly vulnerable persons;
Amendment 101 #
2018/0207(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) supporting and protecting victims, groups at risk, and particularly vulnerable persons of such violence.
Amendment 114 #
2018/0207(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. Failure to provide the respective data to monitor the programme implementation may result in a proportionate suspension or interruption of financial assistance to the recipients of Union funding under this Regulation.
Amendment 130 #
2018/0207(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. A delegated act adopted pursuant to Article 14 shall enter into force if no objection has been expressed either by the European Parliament or by the Council within a period of twohree 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 two months at the initiative of the European Parliament or of the Council.
Amendment 131 #
2018/0207(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1 a. Failure to acknowledge the origin of the funding may result in a proportionate suspension or interruption of financial assistance to the recipients of Union funding under this Regulation.
Amendment 68 #
2018/0206(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In view of this wider scope of the ESF+ it is appropriate to foresee that the aims to enhance the effectiveness of inclusive and open labour markets and promote access to quality employment, to improve the access to and the quality of education and training as well as to promote social inclusion and health and to reduce poverty are not only implemented under shared management, but also under direct and indirect management under the Employment and Social Innovation and Health strands for actions required at Union level.
Amendment 79 #
2018/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The ESF+ should aim to promote employment through active interventions enabling (re)integration into thea labour market, notably for youth, the long-term unemployed and, the inactive and migrants, as well as through promoting self– employment and the social economy. The ESF+ should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the Public Employment Services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility. The ESF+ should promote women’s participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and access to childcare. The ESF + should also aim to provide a healthy and well-adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce.
Amendment 80 #
2018/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The ESF+ should aim to promote employment through active interventions enabling (re)integration into the labour market, notably for youth, the long-term unemployed and, the inactive, as well as through promoting self–employment, entrepreneurship and the social economy. The ESF+ should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the Public Employment Services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility. The ESF+ should promote women’s participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and access to childcare and other care services and support. The ESF + should also aim to provide a healthy and well-adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce.
Amendment 80 #
2018/0206(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In view of this wider scope of the ESF+ it is appropriate to foresee that the aims to enhance the effectiveness of open and inclusive labour markets and promote access to quality employment, to improve the access to and the quality of education and training as well as to promote social inclusion and health and to reduce poverty are not only implemented under shared management, but also under direct and indirect management under the Employment and Social Innovation and Health strands for actions required at Union level.
Amendment 86 #
2018/0206(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The ESF+ should aim to promote employment through active interventions enabling (re)integration into the labour market, notably for youth, the long-term unemployed and, the inactive and migrants, as well as through promoting self– employment, entrepreneurship and the social economy. The ESF+ should aim to improve the functioning of labour markets by supporting the modernisation of labour market institutions such as the Public Employment Services in order to improve their capacity to provide intensified targeted counselling and guidance during the job search and the transition to employment and to enhance workers’ mobility. The ESF+ should promote women'’s participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and access to childcare and other care services and support. The ESF + should also aim to provide a healthy and well-adapted working environment in order to respond to health risks related to changing forms of work and the needs of the ageing workforce.
Amendment 97 #
2018/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The ESF+ should support Member States’ efforts at all regional, local and other levels of government, to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all, tackling discrimination and addressing health inequalities, as well as homelessness. This implies mobilising a range of policies targeting the most disadvantaged people regardless of their age, including children, persons with disabilities, marginalised communities such as the Roma, and the working poor. The ESF+ should promote the active inclusion of people far from the labour market with a view to ensuring their socio-economic integration. The ESF+ should be also used to enhance timely and equal access to affordable, sustainable and high quality services such as healthcare and long-term care, in particular family and community-based care services. The ESF+ should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility.
Amendment 103 #
2018/0206(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In light of the persistent need to enhance efforts to address the management of the migration flows in the Union as a whole and in order to ensure a coherent, strong and consistent support to the solidarity and responsibility-sharing efforts, the ESF+ should provide support to promote the socio-economic integration of third country nationals complementary to the actions financed under the Asylum and Migration Fund. Member States should allocate adequate resources to local authorities for migrant integration at local level.
Amendment 105 #
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 involve regional and local authorities in the process to 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. 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 108 #
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 2530% of their national ESF+ resources of the ESF+ strand under shared management to fostering social inclusion and combating extreme poverty.
Amendment 116 #
2018/0206(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Efficient and effective implementation of actions supported by the ESF+ depends on good governance and partnership between all actors at the relevant territorial levels and the socio- economic actors, in particular the social partners and civil society. It is therefore essential that Member States encourage the participation of regional and local authorities, social partners and civil society in the implementation of the ESF+ under shared management.
Amendment 118 #
2018/0206(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The ESF+ should support Member States’ efforts at all levels of government, including at local and regional level, to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all, tackling discrimination and addressing health inequalities and homelessness. This implies mobilising a range of policies targeting the most disadvantaged people regardless of their age, including children, persons with disabilities, marginalised communities such as the Roma, and the working poor. The ESF+ should promote the active inclusion of people far from the labour market with a view to ensuring their socio-economic integration. The ESF+ should be also used to enhance timely and equal access to affordable, sustainable and high quality services such as healthcare and long-term care, in particular family and community-based care services. The ESF+ should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility.
Amendment 135 #
2018/0206(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In light of the persistent need to enhance efforts to address the management of the migration flows in the Union as a whole and in order to ensure a coherent, strong and consistent support to the solidarity and responsibility-sharing efforts, the ESF+ should provide support to promote the socio-economic integration of third country nationals complementary to the actions financed under the Asylum and Migration Fund. Member States should allocate adequate resources to local authorities for migrant integration at local level.
Amendment 146 #
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 involve local and regional authorities in the process to 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. 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 147 #
2018/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The ESF+ aims to support Member States to achieve high employment levels,levels of employment, job creation, quality and inclusive education, equal opportunities for all fair social protection and a skilled and resilient workforce ready for the future world of work, in line with the principles set out in the European Pillar of Social Rights proclaimed by the European Parliament, the Council and the Commission on 17 November 2017.
Amendment 150 #
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 2530% of their national ESF+ resources of the ESF+ strand under shared management to fostering social inclusion and fighting absolute poverty.
Amendment 156 #
2018/0206(COD)
Proposal for a regulation
Article 4.º – paragraph 1 – introductory part
Article 4.º – paragraph 1 – introductory part
1. The ESF+ shall support the following specific objectives in the policy areas of employment, education, social inclusion, eradication of poverty and health and thereby also contributing to the policy objective for “A more social Europe - Implementing the European Pillar of Social Rights” set out in Article [4] of the [future CPR]:
Amendment 160 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) improving access to quality employment of all jobseekers wishing for dignified work, in particular youth and long- term unemployed, migrants, and of inactive people, promoting self- employment, entrepreneurship, social self-employment initiatives and the social economy;
Amendment 169 #
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, a better work/life balance including access to childcare and other care and support services, a healthy and well–adapted working environment addressing health risks, adaptation of workers, enterprises and entrepreneurs to change, and active and healthy ageing;
Amendment 171 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iv
Article 4 – paragraph 1 – point iv
(iv) improving the quality, effectiveness and labour market relevance of education and training systems, to support acquisition of key competences including digital skills; promote e-inclusion and facilitate the transition from education to work;
Amendment 173 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point vi
Article 4 – paragraph 1 – point vi
(vi) promoting lifelong learning, notably flexible upskilling and reskilling opportunities for allin formal, non-formal and informal settings, taking into account digital skills, better anticipating change and new skills requirements based on labour market needs, facilitating career transitions and promoting professional mobility and participation in society;
Amendment 188 #
2018/0206(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Efficient and effective implementation of actions supported by the ESF+ depends on good governance and partnership between all actors at the relevant territorial levels and the socio- economic actors, in particular the social partners, and civil society. It is therefore essential that Member States encourage the participation of local and regional authorities, social partners and civil society in the implementation of the ESF+ under shared management.
Amendment 207 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
Member States having a rate of young people aged 15 to 29 not in employment, education or training above the Union average in 2019 on the basis of Eurostat data, shall allocate at least 105% of their ESF+ resources under shared management for the years 2021 to 2025 to targeted actions and structural reforms to support youth employment and school-to-work transition, pathways to reintegrate into education or training and second chance education, in particular in the context of implementing Youth Guarantee schemes.
Amendment 212 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 3
Article 7 – paragraph 5 – subparagraph 3
Outermost regions meeting the conditions set out in the first and second subparagraphs shall allocate at least 15% of the ESF+ resources under shared management in their programmes to the targeted actions set out in the first subparagraph. This allocation shall be taken into account for verifying compliance with the minimum percentage at national level set out in the first and second subparagraphs. This allocation shall not replace funding necessary for infrastructure and development for outermost regions.
Amendment 227 #
2018/0206(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The Commission and the Member States shall ensure that aid provided in the framework of the ESF+ support for addressing material deprivation respects the dignity, fosters the independence and personal development and prevents stigmatisation of the most deprived persons.
Amendment 228 #
2018/0206(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The delivery of food and/or material assistance mayshall be complemented with re-orientation towards competent services and other accompanying measuresincentives or psychological motivation aiming at the social inclusion of the most deprived persons.
Amendment 235 #
2018/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point f
Article 23 – paragraph 1 – point f
(f) to support networking at Union level and dialogue with and among relevant stakeholders in the fields referred to in Article 4 and contribute to build up the institutional capacity of these stakeholders, including the public employment services (PES), social security institutions, non-governmental organisations, microfinance institutions and institutions providing finance to social enterprises and social economy;
Amendment 280 #
2018/0206(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
The ESF+ aims to support Member States to achieve high employment levels,levels of employment, job creation, quality and inclusive education, equal opportunities for all fair social protection and a skilled and resilient workforce ready for the future world of work, in line with the principles set out in the European Pillar of Social Rights proclaimed by the European Parliament, the Council and the Commission on 17 November 2017.
Amendment 303 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The ESF+ shall support the following specific objectives in the policy areas of employment, education, social inclusion, eradication of poverty and health and thereby also contributing to the policy objective for “A more social Europe - Implementing the European Pillar of Social Rights” set out in Article [4] of the [future CPR]:
Amendment 310 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) improving access to employment of all jobseekers, in particular youth and long- term unemployed, migrants, and of inactive people, promoting self- employment, entrepreneurship and social self-employment initiatives and the social economy;
Amendment 315 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
(i) improving access to decent jobs leading to quality employment of all jobseekers, in particular youth and long- term unemployed, and of inactive people, promoting self-employment and the social economy;
Amendment 330 #
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, a better work/life balance including access to childcare and other care services and support, a healthy and well–adapted working environment addressing health risks, adaptation of workers, enterprises and entrepreneurs to change, and active and healthy ageing;
Amendment 337 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point iv
Article 4 – paragraph 1 – point iv
(iv) improving the quality, effectiveness and labour market relevance of education and training systems, to support acquisition of key competences including digital skills, promote e-inclusion and facilitate the transition from education to work;
Amendment 351 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point vi
Article 4 – paragraph 1 – point vi
(vi) promoting lifelong learning, notably flexible upskilling and reskilling opportunities for all, in formal, non- formal and informal settings, taking into account digital skills, better anticipating change and new skills requirements based on labour market needs, facilitating career transitions and promoting professional mobility and participation in society;
Amendment 361 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point viii
Article 4 – paragraph 1 – point viii
(viii) promoting socio-economic integration of third country nationals, including asylum seekers and migrants and of marginalised communities such as the Roma;
Amendment 371 #
2018/0206(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point ix
Article 4 – paragraph 1 – point ix
(ix) enhancing the equal and timely access to quality, sustainable, accessible and affordable services; modernising social protection systems, including promoting access to social protection; improving accessibility, effectiveness and resilience of healthcare systems and long-term care services;
Amendment 479 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
Member States having a rate of young people aged 15 to 29 not in employment, education or training above the Union average in 2019 on the basis of Eurostat data, shall allocate at least 105% of their ESF+ resources under shared management for the years 2021 to 2025 to targeted actions and structural reforms to support youth employment and school-to-work transition, pathways to reintegrate into education or training and second chance education, in particular in the context of implementing Youth Guarantee schemes.
Amendment 489 #
2018/0206(COD)
Proposal for a regulation
Article 7 – paragraph 5 – subparagraph 3
Article 7 – paragraph 5 – subparagraph 3
Outermost regions meeting the conditions set out in the first and second subparagraphs shall allocate at least 15% of the ESF+ resources under shared management in their programmes to the targeted actions set out in the first subparagraph. This allocation shall be taken into account for verifying compliance with the minimum percentage at national level set out in the first and second subparagraphs. This allocation shall not replace funding necessary for infrastructure and development for outermost regions.
Amendment 592 #
2018/0206(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The delivery of food and/or material assistance mayshall be complemented with re-orientation towards competent services and other accompanying measures aiming at the social inclusion of the most deprived persons.
Amendment 639 #
2018/0206(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point f
Article 23 – paragraph 1 – point f
(f) to support networking at Union level and dialogue with and among relevant stakeholders in the fields referred to in Article 4 and contribute to build up the institutional capacity of these stakeholders, including the public employment services (PES), social security institutions, NGOs, microfinance institutions and institutions providing finance to social enterprises and social economy;
Amendment 30 #
2018/0161(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Since the adoption in 1992 of the predecessor to Regulation (EC) No 469/2009, markets have evolved significantly and there has been huge growth in the manufacture of generics and especially of biosimilars and active ingredients, in particular in third countries, outside the European Union, where protection does not exist or has expired.
Amendment 37 #
2018/0161(COD)
Proposal for a regulation
Recital 4
Recital 4
Amendment 48 #
2018/0161(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The aim of this Regulation is to ensure that manufacturers established in the Union are able to compete effectively in those third country markets where supplementary protection does not exist or has expired. It is intended toshould thereby complement the efforts of the Union’s trade policy to ensure open markets for Union-based manufacturers of medicinal products. Indirectly, it is also intended to put those manufacturers in a better position to enter the Union market immediately after expiry of the relevant supplementary protection certificate. It would also help to serve the aim of fostering access to medicines in the Union by helping to ensure a swifter entry of generic and biosimilar medicines onto the market after expiry of the relevant certificate.
Amendment 69 #
2018/0161(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In those specific and limited circumstances, andcases, in order to create a level playing field between Union- based manufacturers and third country manufacturers, it is appropriate to restrict the protection conferred by a supplementary protection certificate, so as to allow making for the exclusive purpose of export to third countries and any related acts strictly necessary for making or for the actual export itselfof generic products, biosimilars and active ingredients for the exclusive purpose of export to third countries.
Amendment 70 #
2018/0161(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) That exception should cover the making of the product, including the product which corresponds to the medicinal product protected by a supplementary protection certificate in the territory of a Member State, for the exclusive purpose of export to third countries, as well as any upstream or downstream acts by the maker or by third parties in a contractual relationship with the maker, where such acts would otherwise require the consent of the certificate-holder, and are strictly necessary for making for the purpose of export or for the actual export itself. For instance, such acts may include the supply and import of active ingredients for the purpose of making the medicinal product to which the product covered by the certificate corresponds, or temporary storage of the product or advertising for the exclusive purpose of export to third country destinations.
Amendment 85 #
2018/0161(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) By limiting the scope of the exception to making for the purpose of export outside the Union and acts strictly necessary for such making or for the actual export itself, the exception introduced by this Regulation willshould not unreasonably conflict with normal exploitation of the product in the Member State where the certificate is in force, nor unreasonably prejudice the legitimate interests of the certificate-holder, taking account of the legitimate interests of third parties.
Amendment 98 #
2018/0161(COD)
(12) SAppropriate safeguards should accompany the exception in order to increase transparency, to help the holder of a supplementary protection certificate to enforce its protection in the Union and to reduce the risk of illicit diversion onto the Union market during the term of the certificate.
Amendment 103 #
2018/0161(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) To this end, this Regulation should impose a once-off duty on the person making the product for the exclusive purpose of export, requiring that person to provide certain information to the authority which granted the supplementary protection certificate in the Member State where the making is to take place. The information should be provided before the making is intended to starts for the first time in that Member State. The making and related acts, including those performed in Member States other than the one of making in cases where the product is protected by a certificate in those other Member States too, should only fall within the scope of the exception where the maker has sent this notification to the competent industrial property authority (or other designated authority) of the Member State of making. The once-off duty to provide information to the authority should apply in each Member State where making is to take place, both as regards the making in that Member State, and as regards related acts, whether performed in that or another Member State, related to that making and where the supplementary protection certificate holder has been duly informed about the name and address of the maker, the certificate number and the intended starting date of the making. On the one hand, this limited information should be sufficient for the certificate holder to assess whether there is or will be an infringement of his certificate, and on the other hand, prevents the disclosure of business sensitive information to the certificate holder. The once-off duty to provide information to the authority should apply in each Member State where making is to take place. The authority should be required to publish thate information provided by the maker, in the interests of transparency and foin a timely manner twhe purpose of informing the holder of the certificate of the maker’s intentionreby business sensitive information provided to the competent authority should not be published.
Amendment 110 #
2018/0161(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The information contained in the notification to the competent authority should be kept confidential and may only be disclosed upon court order.
Amendment 111 #
2018/0161(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) The maker should be required to inform the competent authority as well as the certificate holder of any changes to the respectively provided information.
Amendment 114 #
2018/0161(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In addition, this Regulation should impose certain due diligence requirements on the maker as a condition for the exception to operate. The maker should be required to inform persons within its supply chain, through appropriate means, in particular contractual means, that the product is covered by the exception introduced by this Regulation and is intended for the exclusive purpose of export. A maker who failed to comply with these due diligence requirements would not benefit from the exception, nor would any third party performing a related act in the same or a different Member State where a certificate conferring protection for the product was in force, and the holder of the relevant certificate would therefore be entitled to enforce its rights under the certificate.
Amendment 126 #
2018/0161(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation does not affect the application of Union measures that aim to prevent infringements and facilitate enforcement of intellectual property rights, including Directive 2004/48/EC of the European Parliament and of the Council41 and Regulation (EU) No 608/2013 of the European Parliament and, Regulation (EU) No 608/2013 and rules ofn the Council42 . _________________ 41 Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L157, 30.4.2004, p. 45). 42 Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights (OJ L 181, 29.6.2013, p. 15)unique identifier provided for in Commission Delegated Regulation (EU) 2016/161.
Amendment 127 #
2018/0161(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) However, in order to avoid abuse and illicit distribution of medicinal products manufactured according to this Regulation onto the Union market, even though it was manufactured with the sole purpose of being exported to third countries, thus to help preventing the so called ‘launch-at-risk’, unique identifiers provided for in Commission Delegated Regulation (EU) 2016/161 should not be affixed to the medicinal product.
Amendment 132 #
2018/0161(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure that holders of supplementary protection certificates already in force are not deprived of their acquired rights, the exception provided for in this Regulation should onlynot apply to certificates that are granted on or after a specified date after entry into force, irrespective of when the application for the certificate was first lodgedpplied for before entry into force of this Regulation. The date specified should allow a reasonable time for applicants and other relevant market players to adjust to the changed legal context and to make appropriate investment and manufacturing location decisions in a timely way. The date should also allow sufficient time for public authorities to put in place appropriate arrangements to receive and publish notifications of the intention to make, and should take due account of pending applications for certificates.
Amendment 137 #
2018/0161(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) This Regulation should not have any retroactive effect.
Amendment 138 #
2018/0161(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Commission should carry out an regular evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201643, that evaluation should be based on the five criteria of effectiveness, efficiency, relevance, coherence and added value and should provide the basis for impact assessments of possible further measures. The evaluation should take into account exports to outside the Union and the ability of generics and especially biosimilars to enter markets in the Union as soon as possible after a certificate lapses. To this extent, the evaluation should also address the possible extension of the scope of this Regulation to manufacturing within the Union by Union established makers for reasons of stockpiling with a view to Day-1 entry into the Union market when a certificate lapses. In this context, it would be important to ascertain that as a consequence of such an extended scope of the exception, the manufacturing currently taking place outside of the Union, would be moved to within its territory. In particular, this evaluation should review the effectiveness of the exception in the light of the aim to restore a global level playing field for generic and biosimilar firms in the Union and a swifter entry of generic and especially biosimilar medicines onto the market after a certificate lapses. It should also study the impact of the exception on research and production of innovative medicines by holders of certificates in the Union and consider the balance between the different interests at stake, including those of public health. _________________ 43 OJ L 123, 12.5.2016, p. 1.
Amendment 150 #
2018/0161(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to property in Article 17 of the Charter by maintaining the core rights of the supplementary protection certificate, by confining the exception to certificates applied for, granted on or after a specified date after entry into force of this Regulation and by imposing certain conditions on the application of the exception,
Amendment 165 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the act comprises: the
Amendment 171 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point i
Article 4 – paragraph 2 – point a – point i
(i) making of a medicinal product for the exclusive purpose of export to third countries; or, including the supply and the import of active ingredients for the purpose of making the medicinal product;
Amendment 183 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point a – point ii
Article 4 – paragraph 2 – point a – point ii
Amendment 207 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(ba) the maker informs the certificate holder of the information listed in paragraph 3, points (a), (c) and (e) of this Article, including any changes thereof, no later than 90 days before the start date of the making;
Amendment 213 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 2 – point c a (new)
Article 4 – paragraph 2 – point c a (new)
(ca) the maker ensures that the medicinal product manufactured according to paragraph 2(a) does not bear an active unique identifier laid down in Art. 3(d) and 4 of Commission Delegated Regulation (EU) 2016/161. Where appropriate, the competent authority shall have access to the data in the repositories mandated by Directive 2011/62/EU and Delegated Regulation (EU) 2016/161 in order to verify compliance;
Amendment 239 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 3 – point f
Article 4 – paragraph 3 – point f
(f) an indicative list of the intendedthe third country or third countries to which the product is intended to be exported.
Amendment 241 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The authorities of the Member States referred to in Art. 9(1) shall under no circumstances disclose any business sensitive information provided by the maker of the medicinal product, neither to the certificate holder nor to the public;
Amendment 252 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EC) No 469/2009
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Paragraph 2 shall not apply in the case only of certificates granted on or afterpplied for before [OP: please insert the date of the first day of the third month that follows the month in which this amending Regulation is published in the Official Journal)].;
Amendment 260 #
2018/0161(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 469/2009
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The notification sent to an authority as referred to in Article 4(2)(b9(1) shall be published by that authority within 15 days of receipt of the notification.; the information listed in Article 4, paragraph 3, points (a), (c) and (e) as well as any changes thereof without undue
Amendment 169 #
2018/0114(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to provide information to its members, the company carrying out the cross-border conversion should prepare a report. The report should explain and substantiate the legal and economic aspects of the proposed cross-border conversion, in particular the implications of the cross- border conversion for members with regard to the future business of the company and the management organ's strategic plan. It should also include potential remedies available to members, where they do not agree with the decision to carry out a cross- border conversion. This report should also be made available to the employees of the company carrying our cross-border conversion.
Amendment 174 #
2018/0114(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to provide information to its employees, the company carrying out the cross-border conversion should prepare a reportis report should also explaining the implications of the proposed cross-border conversion for employees. The report It should explain in particular the implications of the proposed cross-border conversion on the safeguarding of the jobs of the employees, whether there would be any material change in the employment relationships and the locations of the companies’ places of business and how each of these factors would relate to any subsidiaries of the company. This requirement should not however apply where the only employees of the company are in its administrative organ. The provision of the reportis information should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of Directive 2002/14/EC of the European Parliament and of the Council43 or Directive 2009/38/EC of the European Parliament and of the Council44 . _________________ 43 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29). 44 Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) (OJ L 122, 16.5.2009, p. 28).
Amendment 177 #
2018/0114(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In orderThe competent national authorities shall be able to assess the accuracy of the information contained in the draft terms of conversion and in the reports addressed to the members and employees and to provide factual elements necessary to assess whether the proposed. Where the competent authority consider, based on reasonable grounds, that there is a risk that the cross-border conversion constituterepresents an artificial arrangement, an independent expert report should be required to be prepared in order to assess the proposed cross-border conversion. In order to secure the independence of the expert, the expert should be appointed by the competent authority, following an application by the company it shall draw up a report in order to assess the proposed cross-border conversion with all necessary factual elements provided by the company. In such case, the authority can have recourse to an independent expert. In this context, the expert report should presentcontain all relevant information to enable the competent authority in the departure Member State to take an informed decision as to whether or not to issue the pre- conversion certificate. To this end, the expertcompetent authority should be able to obtain all the relevant company information and documents and carry out all necessary investigations in order to gather all the evidence required. The expert should use information, in particular, such as net turnover and profit or loss, number of employees and the composition of balance sheet collected by the company in view of the preparation of financial statements in accordance with Union law and the law of Member States, and documents and carry out all necessary investigations in order to gather all the evidence required. However, in order to protect any confidential information, including business secrets of the company, such information should not form part of the expert’s final report which itself would be publically available.
Amendment 182 #
2018/0114(COD)
Proposal for a directive
Recital 16
Recital 16
(16) It is appropriate that those members who held voting rights and who did not vote tovoted against or were unable to attend the general meeting but expressed their intention before the meeting to vote against the approveal of the draft terms of conversion and those members without voting rights, who could not present their position, should be afforded the right to exit the company. Those members should be able to leave the company and receive cash compensation for their shares equivalent to the value of their shares. Furthermore, they should have a right to challenge the calculation and adequacy of that cash compensation offered before a court.
Amendment 204 #
2018/0114(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to further enhance the existing cross-border merger procedure, it is necessary to simplify those merger rules, where appropriate, whilst at the same time ensuring that stakeholders, and in particular employees, are adequately protected. Therefore, the existing cross- border merger rules should be modified in order to oblige the management or administrative organs of the merging companies to prepare separate reports detailinga detailed report on the legal and economic aspects of the cross-border merger for both members and for employees. The obligation on the management or administrative organ of the company to prepare the reportovide specific information for the members may however be waived, where those members are already informed about legal and economic aspects of the proposed merger. However, the report prepared forquirement to provide information related to employees may only be waived where the merging companies and their subsidiaries do not have any employees other than those who form part of the management or administrative organ.
Amendment 207 #
2018/0114(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Furthermore, in order to enhance the protection afforded to the employees of the merging company or companies, employees or their representatives may provide their opinion on the company report setting out the implications of the cross-border merger for them. The provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of Council Directive 2001/23/EC48 , Directive 2002/14/EC or Directive 2009/38/EC. _________________ 48 Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ L 82, 22.3.2001, p. 16).
Amendment 209 #
2018/0114(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In order to ensure that members of the companies participating in the cross- border merger are treated equally, it is appropriate that members who held voting rights and who did not vote tovoted against or did not attend the general meeting but expressed their intention before the meeting to vote against approveal of the common draft terms of merger or those members without voting rights, who could not present their position, should be afforded the right to exit the company. Those members should be able to leave the company and receive cash compensation for their shares equivalent to the value of their shares. Furthermore, they should have a right to challenge the calculation and adequacy of that cash compensation offered before a court.
Amendment 219 #
2018/0114(COD)
Proposal for a directive
Recital 43
Recital 43
(43) In order to provide information to its members and employees, the company being divided should prepare a report. The report should explain and substantiate the legal and economic aspects of the proposed cross- border division, in particular explaining the implications of the cross- border division for members with regard to the future business of the company and the management organs’ strategic plan. It should also include explanations about the exchange ratio, where applicable, the criteria to determine the allocation of shares and potential remedies available to members, where they do not agree with the decision to carry out a cross-border division.
Amendment 223 #
2018/0114(COD)
Proposal for a directive
Recital 44
Recital 44
(44) In order to provide information its employees, the company being divided should prepare a reportThe report should explaining the implications of the proposed cross-border division for employees. The report should explaiIt should also contain information in particular on the implications of the proposed cross-border division on the safeguarding of the jobs of the employees, whether there would be any material change in the conditions of employment and the locations of the companies’ places of business, and how each of these factors would relate to any subsidiaries of the company. The provision of the report should be without prejudice to the applicable information and consultation proceedings instituted at national level following the implementation of Directives 2001/23/EC, 2002/14/EC or 2009/38/EC.
Amendment 227 #
2018/0114(COD)
Proposal for a directive
Recital 45
Recital 45
(45) In order to ensurThe competent national authority shall be able to evaluate the accuracy of the information contained in the draft terms of division and in the reports addressed to the members and employees and to provide factual elements necessary to assess whether the proposed division constitutes an artificial arrangement which could not be authorised, an independent expert report to assess the division plan should be required to be prepared. In order to secure the independence of the expert, the expert should be appointed by the competent authority, following an application by the company. Where the competent authority considers, based on reasonable grounds that there is a risk that the cross-border division represents an artificial arrangement, it shall draw up a report in order to assess the proposed division with all necessary factual elements. In such case, the competent authority can have recourse to an independent expert. In this context, the expert report should present all relevant information to enable the competent authority of the Member State of the company being divided to take an informed decision as to whether or not to issue the pre-division certificate To this end, the expertcompetent authority should be able to obtain all the relevant company information and documents and carry out all necessary investigations in order to gather all the evidence required. The expert should use information, in particular, such as net turnover and profit or loss, number of employees and the composition of balance sheet collected by the company in view of the preparation of financial statements in accordance with Union law and the law of Member States and documents and carry out all necessary investigations in order to gather all the evidence required. However, in order to protect any confidential information, including business secrets of the company, such information should not form part of the expert’s final report which itself would be publically available.
Amendment 231 #
2018/0114(COD)
Proposal for a directive
Recital 48
Recital 48
(48) It is appropriate that members who held voting rights and who did not vote tovoted against or did not attend the general meeting but expressed their intention before the meeting to vote against the approveal of the draft terms of the cross-border division and those members without voting rights, who could not present their position, should be afforded the right to exit the company. Those members should be able to leave the company and receive cash compensation for their shares equivalent to the value of their shares. Furthermore, they should have a right to challenge the calculation and adequacy of that cash compensation offered and also the share exchange ratio where they wish to remain members of any of the recipient companies before a court. As part of those proceedings, the court should be able to order any company involved in the cross- border division either to pay additional cash compensation or to issue additional shares.
Amendment 317 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – title
Article 86 e – title
Article 86e Report of the management or administrative organ to the members and to the employees
Amendment 322 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 1
Article 86 e – paragraph 1
1. The management or administrative organ of the company carrying out the cross-border conversion shall draw up a report explaining and justifying the legal and economic aspects of the cross-border conversion and its implications for the employees of the company.
Amendment 328 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c a (new)
Article 86 e – paragraph 2 – point c a (new)
(ca) the implications of the cross- border conversion on the safeguarding of employment relationships
Amendment 331 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c b (new)
Article 86 e – paragraph 2 – point c b (new)
(cb) any material changes in the conditions of employment and in the location of the company's places of business
Amendment 333 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 2 – point c c (new)
Article 86 e – paragraph 2 – point c c (new)
(cc) whether the factors set out in points (a), (d) and (e) also relate to any subsidiaries of the company
Amendment 340 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 3
Article 86 e – paragraph 3
3. The report referred to in paragraph 1 of this Article, shall be made available, at least electronically, to the members not less than two months before the date of the general meeting referred to in Article 86i. That report shall also be made similarly availableand to the representatives of the employees of the company carrying out the cross-border conversion, or, where there are no such representatives, to the employees themselves, not less than two months before the date of the general meeting referred to in Article 86i.
Amendment 343 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 e – paragraph 3 (new)
Article 86 e – paragraph 3 (new)
3a. Where the management or administrative organ of the company carrying out the cross-border conversion receives, in good time, an opinion from the representatives of their employees or, where there are no such representatives, from the employees themselves, as provided for under national law, the members shall be informed thereof and that opinion shall be appended to that report
Amendment 348 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4
Article 86 f – paragraph 4
4. However, point (b) and (c) of that report shall not be required where all the members of the company carrying out the cross-border conversion have agreed to waive this requirement. Where a company carrying out the cross-border conversion and its subsidiaries, if any, have no employees other than those who form part of the management or administrative organ, the information referred to in paragraph 1 (d), (e) and (f) shall not be required.
Amendment 353 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4 a (new)
Article 86 f – paragraph 4 a (new)
4a. Paragraphs 1 to 4 are without prejudice to the applicable information and consultation rights and proceedings instituted at national level following the transposition of Directives 2002/14/EC or 2009/38/EC.
Amendment 358 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – title
Article 86 f – title
Amendment 361 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 1
Article 86 f – paragraph 1
Amendment 364 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 2
Article 86 f – paragraph 2
Amendment 387 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 3
Article 86 f – paragraph 3
Amendment 395 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 4
Article 86 f – paragraph 4
Amendment 404 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 5
Article 86 f – paragraph 5
Amendment 406 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 f – paragraph 6
Article 86 f – paragraph 6
Amendment 409 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – title
Article 86 g – title
Article 86g Examination by an independent expertthe competent authority
Amendment 418 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 1
Article 86 g – paragraph 1
Member States shall ensure that the company carrying out the cross-border conversion applies not less than two months before the date of the general meeting referred to in Article 86i to the competent authority designated in accordance with Article 86m(1), to appoint an expert to examine andfor the examination and the assessment the draft terms of the cross-border conversion and the reports referred to in Articles 86e and 86f, subject to the proviso set out in paragraph 6 of this Article.
Amendment 421 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 1 – subparagraph 1
Article 86 g – paragraph 1 – subparagraph 1
The application for the appointment of an expert shall be accompanied by the following:
Amendment 423 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 1 – subparagraph 1 – point b
Article 86 g – paragraph 1 – subparagraph 1 – point b
(b) the reports referred to in Articles 86e and 86f.
Amendment 426 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 2
Article 86 g – paragraph 2
2. TIf the competent authority shall appoints recourse to an independent expert within five working days from the application referred to in paragraph 1 and the receipt of the draft terms and reports. Thes expert shall be independent from the company carrying out the cross-border conversion and may be a natural or a legal person depending upon the law of the departure Member State. Member States shall take into account, in assessing the independence of the expert, the framework established in Articles 22 and 22b of Directive 2006/43/EC.
Amendment 430 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3
Article 86 g – paragraph 3
3. The experWhere the competent authority considers, based on reasonable grounds, that the cross-border conversion could represent an artificial arrangement as referred in Article 86n, it shall draw up a written report providing at least:
Amendment 443 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 3 – point b
Article 86 g – paragraph 3 – point b
(b) a description of all factual elements necessary for the competent authority, designated in accordance with Article 86m(1), to carry out an in-depth assessment to determine whether the intended cross-border conversion constitutes an artificial arrangement in accordance with Article 86n, including at a minimum the following: the characteristics of the establishment in the destination Member State, including the intent, the sector, the investment, the net turnover and profit or loss, number of employees, the composition of the balance sheet, the tax residence, the assets and their location, the habitual place of work of the employees and of specific groups of employees, the place where social contributions are due and the possible commercial risks to be assumed by the converted company in the destination Member State and the departure Member State.
Amendment 447 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 4
Article 86 g – paragraph 4
4. Member States shall ensure that the independent expertcompetent authority shall be entitled to obtain, from the company carrying out the cross-border conversion, all relevant information and documents and to carry out all necessary investigations to verify all elements of the draft terms or management reports. The expertcompetent authority shall also be entitled to receive comments and opinions from the representatives of the employees of the company, or, where there are no such representatives, from the employees themselves and also from the creditors and members of the company.
Amendment 451 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 g – paragraph 5
Article 86 g – paragraph 5
5. Member States shall ensure that information submitted to the independent expertcompetent authority can only be used for the purpose of drafting their report and that confidential information, including business secrets, shall not be disclosed. Where appropriate, the expert may submitcompetent authority may produce a separate document containing any such confidential information to the competent authority, designated in accordance with Article 86m(1) and that separate document shall only be made available to the company carrying out the cross-border conversion and not be disclosed to any other party.
Amendment 457 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 h – paragraph 1 – point b
Article 86 h – paragraph 1 – point b
(b) tThe independent expert reportassessment of the accuracy of the report and information submitted by the company as referred to in Article 86g,(1) and where applicable, the report drawn up by the competent authority in accordance with Article 86g(3) without however disclosing any confidential information;
Amendment 469 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 1 – point a
Article 86 j – paragraph 1 – point a
(a) the members holding shares with voting rights and who did not vote forvoted against or who did not attend the general meeting but expressed their intention before the meeting to vote against the approval of the draft terms of the cross- border conversion;
Amendment 474 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 j – paragraph 3
Article 86 j – paragraph 3
Member States shall ensure that a company carrying out a cross-border conversion makes an offer of adequate compensation in the draft terms of the cross-border conversion as specified in the Article 86d(1)(i) to the members, referred to in paragraph 1 of this Article, who wish to exercise their right to dispose of their shareholdings. Without prejudice to the exercise of the exit right, members shall communicate their intention to make use of it before the general meeting. Member States shall also establish the period for the acceptance of the offer, which shall not in any event exceed one month after the general meeting referred to in Article 86i. Member States shall further ensure that the company is able to accept an offer communicated electronically to an address provided by the company for that purpose.
Amendment 529 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 n – paragraph 1 – subparagraph 1
Article 86 n – paragraph 1 – subparagraph 1
Member States shall ensure in order to assess whether the cross-border conversion constitutes an artificial arrangement within the meaning of Article 86c(3), that the competent authority of the departure Member State carries out an in-depth assessment of all relevant facts and circumstances and shall take into account at a minimum the following: the characteristics of the establishment in the destination Member State, including the intent, the sector, the investment, the net turnover and profit or loss, number of employees, the composition of the balance sheet, the tax residence, the assets and their location, the habitual place of work of the employees and of specific groups of employees, the place where social contributions are due and the commercial risks assumed by the converted company in the destination Member State and the departure Member State.
Amendment 534 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive (EU) 2017/1132
Article 86 n – paragraph 1 – subparagraph 2
Article 86 n – paragraph 1 – subparagraph 2
Those elements laid down in Article 86g (3)(b) shall be taken into account but may be only considered as indicative factors in the overall assessment and therefore shall not be considered in isolation.
Amendment 584 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – title
Article 124 – title
Article 124 Report of the management or administrative organ to the members and to the employees
Amendment 586 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 1
Article 124 – paragraph 1
1. The management or administrative organ of each of the merging companies shall draw up a report explaining and justifying the legal and economic aspects of the cross-border merger and the implications of the operation for the employees.
Amendment 590 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 2 – point e a (new)
Article 124 – paragraph 2 – point e a (new)
2a. the implications of the cross- border merger on the safeguarding of the employment relationships;
Amendment 591 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 2 – point e b (new)
Article 124 – paragraph 2 – point e b (new)
2b. any material changes in the conditions of employment and in the locations of the companies’ places of business;
Amendment 592 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 2 – point e c (new)
Article 124 – paragraph 2 – point e c (new)
2c. whether the factors set out in points (a), (f) and (g) also relate to any subsidiaries of the merging companies
Amendment 595 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 3
Article 124 – paragraph 3
3. The report shall be made available, at least electronically, to the members of each of the merging companies not less than one month before the date of the general meeting referred to in Article 126. The report shall also be made similarly availableand to the representatives of the employees of each of the merging companies, or, where there are no such representatives, to the employees themselves. However, where the approval of the merger is not required by general meeting of the acquiring company in accordance with Article 126(3), the report shall be made available, at least one month before the date of the general meeting of the other merging company or companies.
Amendment 597 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 – paragraph 3 (new)
Article 124 – paragraph 3 (new)
3a. Where the management or administrative organ of one or more of the merging companies receives, in good time, an opinion from the representatives of their employees, or, where there are no such representatives, from the employees themselves, as provided for under national law, the members shall be informed thereof and that opinion shall be appended to the report.
Amendment 600 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive (EU) 2017/1132
Article 124 paragraph 4
Article 124 paragraph 4
4. However, the reportpoint b, c and d referred to in paragraph 1, shall not be required where all the members of the merging companies have agreed to waive this requirement.; Where the merging companies and there subsidiaries, if any, have no employees, other than those who form part of the management or administrative organ, the information referred in paragraph 1 points e,f,g,h shall not be required to be provided in the report.
Amendment 603 #
2018/0114(COD)
4a. The submission of the report is without prejudice to the applicable information and consultation rights and proceedings instituted at national level following the implementation of Directives 2001/23/EC, 2002/14/EC or2009/38/EC
Amendment 606 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – title
Article 124a – title
Amendment 607 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 1
Article 124a – paragraph 1
Amendment 608 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 2
Article 124a – paragraph 2
Amendment 619 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 3 – subparagraph 1
Article 124a – paragraph 3 – subparagraph 1
Amendment 622 #
2018/0114(COD)
Amendment 624 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 4
Article 124a – paragraph 4
Amendment 626 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 5
Article 124a – paragraph 5
Amendment 628 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive (EU) 2017/1132
Article 124a – paragraph 6
Article 124a – paragraph 6
Amendment 634 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 126a – paragraph 1 – point a
Article 126a – paragraph 1 – point a
(a) the members holding shares with voting rights and who did not vote forvoted against or did not attend the general meeting but expressed their intention before the meeting to vote against the approval of the common draft terms of the cross-border merger;
Amendment 639 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive (EU) 2017/1132
Article 126a – paragraph 3
Article 126a – paragraph 3
Member States shall ensure that each of the merging companies makes an offer of adequate cash compensation in the common draft terms of the cross-border merger, as specified in Article 122(1)(m), to those members referred to in paragraph 1 of this Article who wish to exercise their right to dispose of their shareholdings. Without prejudice to the exercise of the exit right, members shall communicate their intention to make use of it before the general meeting. Member States shall also establish the period for the acceptance of the offer, which shall not in any event exceed one month after the general meeting referred to in Article 126 or, in cases where the approval of the general meeting is not required, within twoone months after the disclosure of the common draft terms of merger referred to in Article 123. Member States shall further ensure that the merging companies are able to accept an offer communicated electronically to an address provided by those companies for that purpose.
Amendment 690 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – title
Article 160g – title
Article 160g Report of the management or administrative organ to the members and to the employees
Amendment 694 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 1
Article 160g – paragraph 1
1. The management or administrative organ of the company being divided shall draw up a report explaining and justifying the legal and economic aspects of the cross-border division and the implications of this operation for the employees.
Amendment 701 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 2 – point a (new)
Article 160g – paragraph 2 – point a (new)
2 a. the implications of the cross- border division on the safeguarding of the employment relationships;
Amendment 702 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 2 – point b (new)
Article 160g – paragraph 2 – point b (new)
2 b. any material change in the conditions of employment and the locations of the companies’ places of business;
Amendment 703 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
2 c. whether the factors set out in points (a), (f) and (g) also relate to any subsidiaries of the company being divided.
Amendment 707 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 3
Article 160g – paragraph 3
3. The report referred to in paragraph 1 of this Article shall be made available, at least electronically, to the members of the company being divided not less than two months before the date of the general meeting referred to in Article 160k. That report shall also be made similarly availableand to the representatives of the employees of the company being divided or, where there are no such representatives, to the employees themselves not less than two months before the date of the general meeting referred to in Article 160k.
Amendment 709 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 3 a (new)
Article 160g – paragraph 3 a (new)
3 a. Where the management or administrative organ of the company being divided receives, in good time, an opinion from the representatives of their employees, or, where there are no such representatives, from the employees themselves, as provided for under national law, the members shall be informed thereof and that opinion shall be appended to that report.
Amendment 712 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 4
Article 160g – paragraph 4
4. However, points (b), (c), (d) and (e) of the report referred to in paragraph 1, shall not be required where all the members of the company being divided have agreed to waive this documentobligation. Where the company being divided and all of their subsidiaries, if any, have no employees, other than those who form part of the management or administrative organ, the information referred to in paragraph 1 (f), (g) and (h), shall not be required.
Amendment 715 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160g – paragraph 4 a (new)
Article 160g – paragraph 4 a (new)
4 a. Paragraphs 1 to 4 are without prejudice to the applicable information and consultation rights and proceedings instituted at national level following the implementation of Directives 2001/23/EC, 2002/14/EC or 2009/38/EC.
Amendment 718 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – title
Article 160h – title
Amendment 721 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 1
Article 160h – paragraph 1
Amendment 722 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 2
Article 160h – paragraph 2
Amendment 736 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20 Directive (EU) 2017/1132
Article 1 – paragraph 1 – point 20 Directive (EU) 2017/1132
Amendment 742 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 4
Article 160h – paragraph 4
Amendment 745 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 5
Article 160h – paragraph 5
Amendment 747 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160h – paragraph 6
Article 160h – paragraph 6
Amendment 749 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – title
Article 160i – title
Article 160i Examination by an independent expertthe competent authority
Amendment 753 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 1 – subparagraph 1
Article 160i – paragraph 1 – subparagraph 1
Member States shall ensure that the company being divided applies to the competent authority, designated in accordance with Article 160o(1), not less than two months before the date of the general meeting referred to in Article 160k, to appoint an expert tofor the examineation and the assessment of the draft terms of cross-border division and the reports referred to in Articles 160g and 160h, subject to the proviso set out in paragraph 6 of this Article.
Amendment 754 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 1 – subparagraph 2
Article 160i – paragraph 1 – subparagraph 2
The application for the appointment of an expert shall be accompanied by the following
Amendment 756 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 2
Article 160i – paragraph 2
2. TIf the competent authority shall appoints recourse to an independent expert within five working days of the application referred to in paragraph 1 and the receipt of the draft terms and reports. The, that expert shall be independent from the company being divided and may be a natural or a legal person depending upon the law of the Member State concerned. Member States shall take into account, in assessing the independence of the expert, the framework established in Articles 22 and 22b of Directive 2006/43/EC.
Amendment 757 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 3
Article 160i – paragraph 3
3. TWhe experre the competent authority considers, based on reasonable grounds, that the cross-border division could represent an artificial arrangement as referred in Article 160d(3), it shall draw up a written report providing at least:
Amendment 761 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 3 – point f
Article 160i – paragraph 3 – point f
(f) a description of all factual elements necessary for the competent authority designated in accordance with Article 160o(1), to carry out an in-depth assessment to determine whether the intended cross-border division constitutes an artificial arrangement in accordance with Article 160p, at a minimum the following: the characteristics of the establishments in the Member States concerned of the recipient companies, including the intent, the sector, the investment, the net turnover and profit or loss, number of employees, the composition of the balance sheet, the tax residence, the assets and their location, the habitual place of work of the employees and of specific groups of employees, the place where social contributions are due and the possible commercial risks to be assumed by the company being divided in the Member States of the recipient companies.
Amendment 763 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 4
Article 160i – paragraph 4
4. Member States shall ensure that the independent expertcompetent authority shall be entitled to obtain from the company being divided all relevant information and documents and to carry out all necessary investigations to verify all elements of the draft terms or management reports. The independent expertcompetent authority shall also be entitled to receive comments and opinions from the representatives of the employees of the company, or, where there are no such representatives, employees themselves and also from the creditors and members of the company.
Amendment 765 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160i – paragraph 5
Article 160i – paragraph 5
5. Member States shall ensure that information submitted to the independent expertcompetent authority can only be used for the purpose of drafting the report and that confidential information, including business secrets, shall not be disclosed. Where appropriate, the expert may submitcompetent authority may produce a separate document containing confidential information to the competent authority designated in accordance with Article 160o(1) and that separate document shall only be made available to the company being divided and not be disclosed to any third party.
Amendment 768 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160j – paragraph 1 – point b
Article 160j – paragraph 1 – point b
(b) the independent expert reportassessment on the accuracy of the report and information submitted by the company as referred to in Article 160i,(1) and where applicable; , the report drawn up by the competent authority in accordance with Article 160i(2) without however disclosing any confidential information;;
Amendment 771 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160l – paragraph 1 – point a
Article 160l – paragraph 1 – point a
(a) the members holding shares with voting rights and, who did not vote forvoted against or did not attend the general meeting but expressed their intention before that meeting to vote against the approval of the draft terms of the cross- border division;
Amendment 775 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160l – paragraph 3
Article 160l – paragraph 3
Member States shall ensure that a company being divided makes an offer of adequate cash compensation in the draft terms of the cross-border division as specified in Article 160e(1)(q) to the members, referred to in paragraph 1 of this Article, who wish to exercise their right to dispose of their shareholdings. Without prejudice to the exercise of the exit right, members shall communicate their intention to make use of it before the general meeting. Member States shall also establish the period for the acceptance of the offer which shall not in any event exceed one month after the general meeting referred to in Article 160k. Member States shall further ensure that a company is able to accept an offer communicated electronically to an address provided by the company for that purpose.
Amendment 800 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160p – paragraph 1 – subparagraph 1
Article 160p – paragraph 1 – subparagraph 1
Member States shall ensure in order to assess whether the cross-border division constitutes an artificial arrangement within the meaning of Article 160d(3) of this Directive, the competent authority of the company being divided shall carry out an in-depth assessment of all relevant facts and circumstances and shall take into account at a minimum the following: the characteristics of the establishment in the Member States concerned, including the intent, the sector, the investment, the net turnover and profit or loss, number of employees, the composition of the balance sheet, the tax residence, the assets and their location, the habitual place of work of the employees and of specific groups of employees, the place where social contributions are due and the commercial risks assumed by the company being divided in the Member State of that company and Member States of recipient companies..
Amendment 802 #
2018/0114(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
Directive (EU) 2017/1132
Article 160p – paragraph 1 – subparagraph 2
Article 160p – paragraph 1 – subparagraph 2
Those elements referred to in Article 160i(3)(f) shall be taken into account but may be only considered as indicative factors in the overall assessment and therefore shall not be considered in isolation.
Amendment 52 #
2018/0113(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to facilitate online procedures for companies, Member States’ registers should not charge for online registration or online submission of information over and above the actual administrative costs of providing the service. Furthermore, Member States should assist those seeking to establish a company or a branch by providing up-to- date, clear, concise and user-friendly information concerning the procedures and requirements to establish and operate limited liability companies and their branches. Concerning private limited liability companies, more detailed information should be made available to applicants and directors because Member States should also ensure the possibility of fully online registration for such companies.
Amendment 55 #
2018/0113(COD)
Proposal for a directive
Recital 9
Recital 9
(9) As a first step in a company’s lifecycle, it should be possible to establish and register limited liability companies fully online. However, Member States should have the possibility to derogate from this requirement in case of public limited liability companies due to the complexity of establishment and registration of such companies and in order to respect Member States’ existing traditions of company law. In any event, Member States should lay down detailed rules of registration. It should be possible to carry out online registration with the submission of documents in electronic form.
Amendment 63 #
2018/0113(COD)
Proposal for a directive
Recital 11
Recital 11
(11) In order to assist businesses, in particular start-ups, in setting-up their business, it should be possible to register a private limited liability company with the use of harmonised European templates which arshould be model instruments of constitution which should be available onlineand made available online. The Commission should be tasked with the establishment of such templates by way of implementing act. Such models may contain a pre-defined set of options in accordance with different national laws. The applicants should be able to choose between using this model or registering a company with bespoke instruments of constitution and Member States should have the option to provide templates also for other types of companies.
Amendment 83 #
2018/0113(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Member States should be allowed to take measures, in accordance with national law, in cases of genuine suspicion of fraud, which could require, not systematicexceptionally butand on a case-by-case basis, a physical presence of the applicant or their representative before any authority of a Member State where the company or branch is to be registered. Such genuine suspicion of fraud should be based on reasonable grounds, such as, on the basis of information available from the registers of beneficial owners, from criminal records or from indications of identity fraud or tax evasion.
Amendment 108 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU) 2017/1132
Article 13a – paragraph 4
Article 13a – paragraph 4
(4) “template” means a harmonised model for the instrument of constitution of a company which is drawn up by Member Statesthe Commission in compliance with national laws, as communicated by the Member States, and is used for the online registration of a company;
Amendment 130 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13b – paragraph 4
Article 13b – paragraph 4
4. Without prejudice to paragraphs 1 to 3, Member States may take measures which could require a physical presence for the purposes of verifying the identity of persons before any authority competent to deal with online registration or online filing, inonly in exceptional cases of genuine suspicion of fraud based on reasonable grounds.
Amendment 140 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13e – paragraph 1 – point b
Article 13e – paragraph 1 – point b
(b) requirements relating to the use of templates,he European template for online registration of companies; including information on national laws which govern the use and contents of such templates;
Amendment 141 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13e – paragraph 1 – point b
Article 13e – paragraph 1 – point b
(b) requirements relating to the use of templates, including information on national laws which govern the use and contents of such templathe European template for online registration of companies;
Amendment 146 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13e – paragraph 2
Article 13e – paragraph 2
2. Member States shall ensure that the following minimum information shall be made available concerning the types of companies listed in Annexes I and IIA:
Amendment 149 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive (EU)2017/1132
Article 13e – paragraph 3
Article 13e – paragraph 3
Member States shall provide the information referred to in paragraphs 1 and 2 on the websites available through the Single Digital Gateway established by Regulation (EU) No [COM (2017) 256] (***). The information shall meet the quality requirements of Article X of that Regulation. Such information shall be made available at least in anll official Union language broadly understood by the largest possible number of cross-border users and shall be free of charge.
Amendment 157 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 1
Article 13f – paragraph 1
1. Member States shall ensure that the registration of companies may be carried out fully online without the necessity for the applicants, or their representatives, to appear in person before any competent authority or before any other person or body dealing with the application for registration, subject to the proviso laid down in Article 13b(4). However, Member States may decide not to provide fully online registration procedures for those types of companies listed in Annex I.
Amendment 164 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13f – paragraph 2
Article 13f – paragraph 2
2. Member States shall lay down detailed rules for the online registration of companies, including rules on the use of templateshe European templates for online registration of a company, as referred to in Article 13g and the documents and information required for registering a company. As part of these rules Member States shall ensure that the online registration may be carried out by submitting information or documents in the electronic form, including electronic copies of the documents and information referred to in Article 16a(4).
Amendment 189 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU)2017/1132
Article 13g – title
Article 13g – title
Article 13g TEuropean templates for online registration of companies
Amendment 193 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13g – paragraph 1
Article 13g – paragraph 1
1. Member States shall make those templates available on registration portals or websites that are part of the Single Digital Gateway for the types of companies listed in Annexes I and IIA. Member States may also make templates available online for the registration of those types of companies listed in Annex II other than those listed in Annex I and IIA.
Amendment 194 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13g – paragraph 1 a (new)
Article 13g – paragraph 1 a (new)
1a. The Commission shall establish a European template for online registration of companies in all official languages of the European Union by way of an implementing act.
Amendment 204 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13g – paragraph 3
Article 13g – paragraph 3
Amendment 208 #
2018/0113(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive (EU) 2017/1132
Article 13g – paragraph 4
Article 13g – paragraph 4
4. The content of the templates shall be governed by national lawinclude all the requirements governed by national law. To this end, Member States shall communicate regularly to the Commission about any change of their national requirements for registration of companies listed in annexes I and IIA which would affect the content of the templates. In such case, the Commission shall adapt the European templates for online registration of a company by way of an implementing act.
Amendment 271 #
2018/0113(COD)
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
Notwithstanding the first subparagraph, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 16(5) and with point (g) of Article 19(2) by ….[OP please set the date = the last day of the month of 360 months after the date of entry into force] at the latest.
Amendment 272 #
2018/0113(COD)
Proposal for a directive
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
Amendment 274 #
2018/0113(COD)
Proposal for a directive
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
Amendment 77 #
2018/0106(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The present Directive aims at enhancing the exercise of freedom of expression and the freedom of the media enshrined in Article 11 of the Charter of Fundamental Rights of the European Union by setting up protection measures for persons reporting breaches of EU law. It should be highlighted that these freedoms are the cornerstone of the investigative journalism and the principle of the confidentiality of sources of information.
Amendment 126 #
2018/0106(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Protection should also extend to further categories of natural or legal persons, who, whilst not being 'workers' within the meaning of Article 45 TFEU, can play a key role in exposing breaches of the law and may find themselves in a position of economic vulnerability in the context of their work-related activities. For instance, in areas such as product safety, suppliers are much closer to the source of possible unfair and illicit manufacturing, import or distribution practices of unsafe products; in the implementation of Union funds, consultants providing their services are in a privileged position to draw attention to breaches they witness. Such categories of persons, including self- employed persons providing services, freelance, contractors, sub-contractors and suppliers, are typically subject to retaliation in the form of early termination or cancellation of contract of services, licence or permit, loss of business, loss of income, coercion, intimidation or harassment, blacklisting/business boycotting or damage to their reputation. Shareholders and persons in managerial bodies, may also suffer retaliation, for instance in financial terms or in the form of intimidation or harassment, blacklisting or damage to their reputation. Protection should also be granted to persons whose work-based relationship ended, to candidates for employment or for providing services to an organisation who acquired the information on breaches of law during the recruitment process or other pre-contractual negotiation stage, and may suffer retaliation for instance in the form of negative employment references or blacklisting/business boycotting.
Amendment 130 #
2018/0106(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Effective whistleblower protection implies protecting also further categories of persons who, whilst not relying on their work-related activities economically, may nevertheless suffer retaliation for exposing breaches. Retaliation against volunteers and paid or unpaid trainees may take the form of no longer making use of their services, or of giving a negative reference for future employment or otherwise damaging their reputation.
Amendment 131 #
2018/0106(COD)
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) Persons who facilitate the reporting and investigative journalists could play a crucial role in exposing breaches of EU law and potentially suffer from retaliation measures. Therefore, they should also be entitled to enjoy the protection measures provided for in this Directive.
Amendment 139 #
2018/0106(COD)
Proposal for a directive
Recital 30
Recital 30
(30) Effective prevention of breaches of Union law requires that protection is also granted to persons who provide information about potential breaches, which have not yet materialised, but are likely to be committed. For the same reasons, protection is warranted also for persons who do not provide positive evidence but raise well-grounded reasonable concerns or suspicions. At the same time, protection should not apply to the reporting of information which is already in the public domain or of unsubstantiated rumours and hearsay.
Amendment 141 #
2018/0106(COD)
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) However, in order to prevent unjustified reputational damages a clear distinction should also be made between deliberate false accusations, intended to harm the reported person or entity, and the reporting of information for which the person had reasonable grounds to believe that it was true. The Directive is without prejudice to national laws applicable in the first case, such as defamation.
Amendment 153 #
2018/0106(COD)
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) The designated competent authorities should provide accurate information and appropriate advice to any person, reporting or reported, requesting such an information or advice for example on the protection measures, the appropriateness of the reporting channels and the scope of the Directive.
Amendment 174 #
2018/0106(COD)
Proposal for a directive
Recital 52
Recital 52
(52) In order to allow for effective communication with their dedicated staff, it is necessary that the competent authorities have in place and use specific channels, separate from their normal public complaints systems, that should be user- friendly, confidential and allow for written and oral, as well as electronic and non- electronic reporting.
Amendment 175 #
2018/0106(COD)
Proposal for a directive
Recital 53
Recital 53
(53) Dedicated staff members of the competent authorities, who are professionally trained, including on applicable data protection rules, would be necessary in order to handle reports and to ensure communication with the reporting person, as well as following up on the report in a suitable manner, as well as to provide information and advice to any interested person.
Amendment 189 #
2018/0106(COD)
Proposal for a directive
Recital 62
Recital 62
(62) As a rule, reporting persons should first use the internal and/or external channels at their disposal and report to their employer. However, it may be the case that internal channels do not exist (in case of entities which are not under an obligation to establish such channels by virtue of this Directive or applicable national law) or that their use is not mandatory (which may be the case for persons who are not in an employment relationship), or that they were used but did not function properly (for instance the report was not dealt with diligently or within a reasonable timeframe, or no action was taken to address and/or to the competent authority. Moreover, protection is also to be granted in cases where Union legislation allows for the reporting person to report directly to the bodies, offices or agencies of the Union, for example in the context of fraud against the Union budget, prevention and detection of money laundering and terrorist financing or in the bareach of law despite the positive results of the enquiry)financial services.
Amendment 192 #
2018/0106(COD)
Proposal for a directive
Recital 63
Recital 63
Amendment 193 #
2018/0106(COD)
Proposal for a directive
Recital 64
Recital 64
(64) Persons making a public disclosure directly should also qualify for protection in cases where a breach remains unaddressed (for example, it was not properly assessed or investigated or no remedial action was taken) despite having been reported internally and/or externally following a tiered use of available channels; or in cases where reporting persons have valid reasons to believe that there is collusion between the perpetrator of the breach and the competent authority is reasonably suspected , that evidence may be concealed or destroyed, or that the effectiveness of investigative actions by competent authorities might be jeopardised; or in cases of imminent and manifest danger for the public interest, or where there is a risk of irreversible damage, including, inter alia, harm to physical integrity.
Amendment 198 #
2018/0106(COD)
Proposal for a directive
Recital 67
Recital 67
(67) Potential whistleblowers who are not sure about how to report or whether they will be protected in the end may be discouraged from reporting. Member States should ensure that relevant information is provided in a user-friendly way and is easily accessible to the general public. Individual, impartial and confidential advice, free of charge, should be available on, for example, whether the information in question is covered by the applicable rules on whistleblower protection, which reporting channel may best be used and which alternative procedures are available in case the information is not covered by the applicable rules (‘signposting’). Access to such advice, notably through the competent authorities, can help ensure that reports are made through the appropriate channels, in a responsible manner and that breaches and wrongdoings are detected in a timely manner or even prevented.
Amendment 199 #
2018/0106(COD)
Proposal for a directive
Recital 69
Recital 69
(69) It should not be possible to waive the rights and obligations established by this Directive by contractual means. Individuals’ legal or contractual obligations, such as loyalty clauses in contracts or confidentiality/non-disclosure agreements, cannot be relied on to preclude workers from reporting, to deny protection or to penalise them for having done so. At the same time, this Directive should not affect the protection of legal and other professional privilege, such as professional or medical secrecy, as provided for under national law.
Amendment 202 #
2018/0106(COD)
Proposal for a directive
Recital 72
Recital 72
(72) The types of legal action may vary between legal systems but they should ensure as full and effective a remedy as possible. Remedies should not discourage potential future whistleblowers. For instance, allowing for compensation as an alternative to reinstatement in case of dismissal might give rise to a systematic practice in particular by larger organisations, thus having a dissuasive effect on future whistleblowers.
Amendment 262 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) shareholders and persons belonging to the management body of an undertaking, including non-executive members, as well as volunteers and paid or unpaid trainees;
Amendment 274 #
2018/0106(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall also apply to reporting persons whose work-based relationship has ended or is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre- contractual negotiation.
Amendment 281 #
2018/0106(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Journalists and persons facilitating the reporting This Directive shall apply to persons facilitating the reporting and to investigative journalists.
Amendment 293 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘abuse of law’ means acts or omissions falling within the scope of Union law which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules and which represent a risk of serious harm to the public interest;
Amendment 305 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘work-related context’ means current or past work activities in the public or private sector through which, irrespective of their nature, persons may acquire information on breaches and within which these persons may suffer retaliation if they report them.
Amendment 311 #
2018/0106(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting or by the public disclosure which occurs in a work- related context and causes or may cause unjustified detriment to the reporting person;
Amendment 386 #
2018/0106(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6 a Obligation to provide information The designated competent authorities shall provide clear information about the appropriate reporting channels and the scope of the Directive to any person requesting such an advice.
Amendment 397 #
2018/0106(COD)
Proposal for a directive
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
a) providing any interested person with information on the procedures for reporting in accordance with Article 6a;
Amendment 408 #
2018/0106(COD)
Proposal for a directive
Article 10 – paragraph 1 – point g
Article 10 – paragraph 1 – point g
g) a statement clearly explaining that persons making information available to the competent authority in accordance with this Directive are not considered to be infringing any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and are not to be involved in liability of any kind related to such disclosure. , except if they are knowingly reporting wrong information or acting in breach of Directive(EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)against their unlawful acquisition, use and disclosure.
Amendment 429 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A person reporting personinternally or/and externally shall qualify for protection under this Directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls within the scope of this Directive.
Amendment 433 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 447 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. A person reporting to relevant bodies, offices or agencies of the Union on breaches falling within the scope of this Directive shall qualify for protection as laid down in this Directive under the same conditions as a person who reported externally in accordance with the conditions set out in paragraph 2.
Amendment 455 #
2018/0106(COD)
Proposal for a directive
Article 13 – paragraph 4 – point a
Article 13 – paragraph 4 – point a
a) he or she first reported internally and/or externally in accordance with Chapters II and III and paragraph 2 of this Article, but no appropriate action was taken in response to the report within the timeframe referred to in Articles 6(2)(b) and 9(1)(b); or
Amendment 486 #
2018/0106(COD)
Proposal for a directive
Article 15 – paragraph 8
Article 15 – paragraph 8
8. In addition to providing legal aid to reporting persons in criminal and in cross- border civil proceedings in accordance with Directive (EU) 2016/1919 and Directive 2008/52/EC of the European Parliament and of the Council63 , and in accordance with national law, Member States may provide for further measures of legal and financial assistance and support, including psychological, for reporting persons in the framework of legal proceedings. _________________ 63 Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (OJ L 136, 24.5.2008, p. 3).
Amendment 504 #
2018/0106(COD)
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall provide for effective, proportionate and dissuasive penalties applicable to persons making malicious or abusive reports or disclosures knowingly wrong, including measures for compensating persons who have suffered damage from malicious or abusive reports or disclosures.
Amendment 74 #
2018/0089(COD)
Proposal for a directive
Recital 7
Recital 7
(7) The Commission has adopted legislative proposals for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air30 and for a Regulation of the European Parliament and of the Council on rail passengers' rights and obligations.31 It is therefore appropriate to provide that, onthree years after the entry into force of this Directive, the Commission assesses whether the Union rules in the area of air and rail passengers' rights offer an adequate level of protection for consumers, comparable to that provided for in this Directive, and draws any necessary conclusions as regards the scope of this Directive. _________________ 30 31COM(2013) 130 final. COM(2013) 130 final. 31 COM(2017) 548 final. COM(2017) 548 final.
Amendment 84 #
2018/0089(COD)
Proposal for a directive
Recital 10
Recital 10
(10) As only qualified entities can bring the representative actions, to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this Directive. In particular, they would need to be properly constituted according to the law of a Member Statenational law, which could include for example requirements regarding the number of members, the degree of permanence, or transparency requirements on relevant aspects of their structure such as their constitutive statutes, management structure, objectives and working methods. They should also be not for profit and have a legitimate interest in ensuring compliance with the relevant Union law. These criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action.
Amendment 168 #
2018/0089(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) Member States should be encouraged to set up a national register for representative actions free of charge, which could further enhance the transparency obligations.
Amendment 169 #
2018/0089(COD)
Proposal for a directive
Recital 33
Recital 33
(33) To enhance legal certainty, avoid inconsistency in the application of Union law and to increase the effectiveness and procedural efficiency of representative actions and of possible follow-on actions for redress, the finding of an infringement established in a final decision, including a final injunction order under this Directive, issued by an administrative authority or a court should not be relitigated in subsequent legal actions related to the same infringement by the same trader as regards the nature of the infringement and its material, personal, temporal and territorial scope as determined by that final decisionbe binding upon all parties, which participated in the representative action. The final decision should be without prejudice to any additional rights to redress that the consumers concerned may have under Union or national law. The redress obtained through the settlement should also be binding upon cases involving the same practice, the same trader and the same consumer. Where an action seeking measures eliminating the continuing effects of the infringement, including for redress, is brought in a Member State other than the Member State where a final decision establishing this infringement was issued, the decision should constitute a rebuttable presumption that the infringement has occurred.
Amendment 188 #
2018/0089(COD)
Proposal for a directive
Recital 39 b (new)
Recital 39 b (new)
(39b) In order to avoid creating incentives to litigation, Member States should prohibit contingency fees and success-based boni for lawyers and/or other legal representatives.
Amendment 194 #
2018/0089(COD)
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) In order to explore the possibility of having a procedure at Union level for cross-border representative actions, the Commission should assess the possibility of establishing a European Ombudsman for collective redress.
Amendment 203 #
2018/0089(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive sets out rules enabling qualifiedrepresentative entities to seek representative actions aimed at the protection of the collective interests of consumers, while ensuring appropriate safeguards to avoid abusive litigation.
Amendment 248 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall ensure that representative actions can be brought by qualified entities designated, at their request, by the Member States in advance for this purpose and placed in a publicly available listdesignate within their respective territory representative entities for the purpose of representative actions within in meaning of Article 3 (4). The Member States shall make a list of representative entities publicly available and communicate this list to the Commission, updated where necessary.
Amendment 256 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point a
Article 4 – paragraph 1 – subparagraph 2 – point a
(a) it is properly constituted according to the law of a Member Statenational law;
Amendment 270 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
Article 4 – paragraph 1 – subparagraph 2 – point c a (new)
(ca) it is either organised as an independent public body or it demonstrates full transparency as regards its financial capacities.
Amendment 279 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 284 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 294 #
2018/0089(COD)
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that in particularonly consumer organisations and independent public bodies are eligible for the status of qualifiedrepresentative entity. Member States may designate as qualifiedrepresentative entities consumer organisations that represent members from more than one Member State.
Amendment 311 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Member States shall ensure that qualified entitiesthe representative entities, which have been designated in advance, are entitled to bring representative actions seeking the following measures:
Amendment 314 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
Member States shall ensure that no other action is pending at a national court or administrative entities of the same Member State regarding the same practice, the same claimants and the same defendant.
Amendment 315 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
In order to seek injunction orders, qualifiedrepresentative entities shall not have to obtain the mandate of the individual consumers concerned orand provide proof of actual loss or damage on the part of the consumers concerned or of intention or negligence on the part of the trader.
Amendment 330 #
2018/0089(COD)
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Member States shall ensure that an individual member of the claimant party is free to leave the claimant party at any time before the final judgment, without being deprived of the possibility to pursue its claims in another form, such as by an individual claims. Member States shall ensure that consumers can join the claimant party of a representative action until the final judgment or settlement.
Amendment 332 #
2018/0089(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Registry of collective redress actions 1. Member States may set up a national register for representative actions, which shall be available free of charge to any interested person through electronic means and/or otherwise. 2. Websites publishing the registries shall provide access to comprehensive and objective information on the available methods of obtaining compensation, including out of court methods as well as the pending representative actions. 3. The national registries shall be interlinked. Article 35 of Regulation (EU) 2017/2394 shall apply.
Amendment 342 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
For the purposes of Article 5(3), Member States shall ensure that qualifiedrepresentative entities are entitled to bring representative actions seeking a redress order, which obligates the trader to provide for, inter alia, compensation, repair, replacement, price reduction, contract termination or reimbursement of the price paid, as appropriate. A Member State mayshall require the mandate of the individual consumers concerned before a declaratory decision is made or a redress order is issued.
Amendment 347 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The qualifiedrepresentative entity shall provide sufficientall the necessary information as required under national law to support the action, including a description of the consumers concerned by the action and the questions of fact and law to be resolved.
Amendment 364 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
Amendment 368 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
Amendment 376 #
2018/0089(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The redress obtained through a final decision in accordance with paragraphs 1, 2 and 32 shall be without prejudice to any additional rights to redress that the consumers concerned may have under Union or national law.
Amendment 381 #
2018/0089(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 386 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The qualifiedrepresentative entity seeking a redress order as referred to in Article 6(1) shall declare at an early stage of ththe stage of admissibility of the representative action the source of the funds used for its activity in general and the source of the funds that it uses to support the particular representative action. It shall demonstrate that it has sufficient financial resources to represent the best interests of the consumers concerned and to meet any adverse costs should the action fail.
Amendment 395 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall ensure that in cases where a representative action for redress is funded by a third party, it is prohibited forthe representative action may be declared inadmissible by the national court or administrative authority if it establishes that the funding by the third party would:
Amendment 398 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) to influence decisions of the qualifiedrepresentative entity in the context of a representative action, including the initiation of representative actions and decisions on settlements;
Amendment 401 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 2 – point b a (new)
Article 7 – paragraph 2 – point b a (new)
(ba) constitute any further conflict of interest between the third party, the claimant and the representative entities.
Amendment 408 #
2018/0089(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that courts and administrative authorities are empowered to assess the circumstances referred to in paragraph 2 and accordingly require the qualified entity to refuse the relevant funding and, if necessary, reject the stant the stage of admissibility of the representative action and at a later stage during the court proceeding os if the qualified entity in a specific casecircumstances only yield then.
Amendment 424 #
2018/0089(COD)
Proposal for a directive
Article 8 – paragraph 6
Article 8 – paragraph 6
6. Individual consumers concerned shall be given the possibility to accept or to refuse to be bound by settlements referred to in paragraphs 1, 2 and 3. The redress obtained through an approved settlement in accordance with paragraph 4 shall be binding upon all parties, which participated in the representative action without prejudice to any additional rights to redress that the consumers concerned may have under Union or national law. The redress obtained through the settlement shall also be binding upon cases involving the same practice, the same trader and the same consumer.
Amendment 430 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph -1 (new)
Article 9 – paragraph -1 (new)
-1 Member States shall ensure that the representative entities: (a) inform consumers about the claimed violation of rights granted under Union law and the intention to seek an injunction or to pursue an action for damages, (b) explain the possibility to join the action, (c) where relevant, inform about subsequent steps and the potential legal consequences.
Amendment 431 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in Articles 5 and 6, and the approved settlements referred to in Article 8, by means appropriate to the circumstance of the case and within specified time limits, including, where appropriate, through notifying all consumers concerned individually. Member States may foresee that the information obligation can be complied with through the national register as referred to in Article 5a (new).
Amendment 437 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Notwithstanding paragraph 1, in case the representative action fails, the representative entity shall bear the costs of consumer information in accordance with the principle laid down in Article 13a.
Amendment 439 #
2018/0089(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The information referred to in paragraph -1 and 1 shall inclube provided in intelligible language an explanation of the subject- matter of the representative action, its legal consequences and, if relevant, the subsequent steps to be taken by the consumers concerned.
Amendment 460 #
2018/0089(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that, at the request of a qualified entity that has presented reasonably available facts and evidence sufficient to support the representative action, and has indicatedone of the parties, in order to obtain further evidence which lies in the control of the defendantother party, the court or administrative authority may order, in accordance with national procedural rules, that such evidence be presented by the defendant, subject to the applicable Union law and national rules on confidentiality. The order must be adequate and proportionate in the respective case and must not create an imbalance between the two parties involved.
Amendment 476 #
2018/0089(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
Amendment 479 #
2018/0089(COD)
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Legal representation and fees Member States shall ensure that the lawyers’ remuneration and the method by which it is calculated do not create any incentive to litigation, unnecessary from the point of view of the interest of any of the parties. In particular, Member States shall prohibit contingency fees.
Amendment 494 #
2018/0089(COD)
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. No later than onthree years after the entry into force of this Directive, the Commission shall assess whether the rules on air and rail passenger rights offer a level of protection of the rights of consumers comparable to that provided for under this Directive. Where that is the case, the Commission intends to make appropriate proposals, which may consist in particular in removing the acts referred to in points 10 and 15 of Annex I from the scope of application of this Directive as defined in Article 2.
Amendment 495 #
2018/0089(COD)
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18a Review clause Without prejudice to Article 16, the Commission shall assess whether cross- border representative actions could be best addressed at Union level by establishing a European Ombudsman for collective redress. No later than three years after the entry into force of this Regulation, the Commission shall draw up a report in this regard and submit it to the European Parliament and the Council, accompanied, if appropriate, by a relevant proposal.
Amendment 60 #
2018/0074(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In accordance with Article 2(2) of Regulation (EU) No 1380/2013, the maximum sustainable yield exploitation rate is to be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks.
Amendment 61 #
2018/0074(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Pursuant to the principles of the Common Fisheries Policy and to guarantee a level playing field and fair competition between sea basins, there should be a uniform framework in all multi-annual plans and no sea basin specific derogations regarding the principles for quota setting
Amendment 63 #
2018/0074(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) For the achievement of the objectives of the CFP, a number of conservation measures are to be adopted as appropriate in any combination thereof, such as multi-annual plans, technical measures, fixing and allocation of fishing opportunities in full accordance with the best available scientific advice.
Amendment 89 #
2018/0074(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The objective of this plan should be to contribute to the achievement ofachieve the objectives of the CFP, and in particular, reachstoring and maintaining MSY for the target stocksall populations of stocks to which this Regulation applies above levels capable of producing MSY, implementing the landing obligation for demersal stocks subject to catch limits, promoting a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic aspects. It should also implement the ecosystem- based approach to fisheries management in order to minimise negative impacts of fishing activities on the marine ecosystem. It should be coherent with the Union’s environmental legislation, in particular the objective of achieving good environmental status by 2020 (in accordance with Directive 2008/56/EC) and the objectives of Directive 2009/147/EC and Council Directive 92/43/EEC. This plan should also specify details for the implementation of the landing obligation in Union waters of the Western Waters for all stocks of species to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013.
Amendment 124 #
2018/0074(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) In order to protect sensitive species and habitats, in particular those critically endangered and impacted due to fishing pressure, the plan should establish management measures to the concerned fisheries including modification of vessel gears, modification of vessel activities, and modifications to the vessel itself. The plan should provide for additional management measures to be further specified in accordance with Article 18 of Regulation (EU) No 1380/2013.
Amendment 146 #
2018/0074(COD)
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Where best available scientific advice indicates a change in the geographical distribution of the stocks listed in the first subparagraph of this paragraph, the Commission may adopt delegated acts in accordance with Article 15 amending this Regulation by adjusting the areas specified above in order to reflect that change. Such adjustments shall not extend the stock areas beyond Union waters of subareas 4 to 10, and the CECAF zones 34.1.1, 34.1.2 and 34.2.0.
Amendment 147 #
2018/0074(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Where on the basis of best available scientific advice the Commission considers that the list of stocks set out in the first subparagraph of paragraph 1 needs to be amended, the Commission may submit a proposal for the amendment of that list.
Amendment 151 #
2018/0074(COD)
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
4. This Regulation also applies to by- catches caught in the Western Waters when fishing for the stocks listed in paragraph 1. However, where ranges of FMSY and safeguards linked to biomass for those stocks are and shall ensure that exploitation of all living marine biological resources restores and maintains populations of harvested speciest ablished under other Union legal acts establishing multiannual plans, those ranges and safeguards shall apply.ove levels which can produce the maximum sustainable yield, in line with Article 2(2) of Regulation (EU) No 1380/2013
Amendment 154 #
2018/0074(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. This Regulation also specifies details for the implementation of minimising the impact of the fisheries on the marine environment, in particular the incidental catches of protected species, in Union waters of the Western Waters for all fisheries fishing in those waters.
Amendment 156 #
2018/0074(COD)
Proposal for a regulation
Article 1 – paragraph 5
Article 1 – paragraph 5
5. This Regulation also specifies details for the full implementation of the landing obligation in Union waters of the Western Waters for all stocks of species to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013.
Amendment 160 #
2018/0074(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) "FMSY point value" is the value of the estimated fishing mortality that with a given fishing pattern and current environmental conditions gives the long- term maximum yield.
Amendment 164 #
2018/0074(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9a) "Best available scientific advice" refers to publicly available scientific advice that is supported by the most up-to- date scientific data and methods and has either been issued or reviewed by an independent scientific body that is recognised at the European or international level.
Amendment 170 #
2018/0074(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The plan shall contribute to the achievement ofachieve the objectives of the common fisheries policy listed in Article 2 of Regulation (EU) No 1380/2013, in particular by applying the precautionary approach to fisheries management, and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce MSY.
Amendment 176 #
2018/0074(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The plan shall implement the ecosystem-based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem, and in particular on vulnerable habitats and protected species, including marine mammals, marine reptiles and seabirds, are minimised. It shall be coherent with Union environmental legislation, in particular with the objective of achieving good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC and the objectives set out in Articles 4 and 5 of Directive 2009/147/EC and Articles 6 and 12 of Council Directive 92/43/EEC.
Amendment 182 #
2018/0074(COD)
Proposal for a regulation
Article 3 – paragraph 4 – point a
Article 3 – paragraph 4 – point a
(a) ensure that, to the extent that fisheries can contribute to their fulfilment, the conditions described in the qualitative descriptor 3s contained in Annex I to Directive 2008/56/EC are fulfilled; and
Amendment 183 #
2018/0074(COD)
Proposal for a regulation
Article 3 – paragraph 4 – point b
Article 3 – paragraph 4 – point b
(b) contribute to the fulfilment of other relevant descriptors containensure that negative impacts of fishing on the marine environment are minimised, in Annex I to Directive 2008/56/EC in proportion to the role played by fisheries in their fulfilmentparticular regarding vulnerable habitats and protected species, including marine mammals and seabirds.
Amendment 185 #
2018/0074(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Measures under the plan shall be taken in accordance with the best available scientific advice. Where there is insufficient data, at least a comparable degree of conservation of the relevant stocks shall be pursued.
Amendment 188 #
2018/0074(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The target fishing mortality in line with the ranges of FMSY defined in Article 2 shall be achieved as soon as possible, and on a progressive, incremental basis by 2020 for the stocks listed in Article 1(1)all harvested stocks, and shall be maintained thereafter within the ranges of FMSY, in accordance with this Article.
Amendment 192 #
2018/0074(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Those ranges of FMSY based on this Plan shall be requested frombased on the best available scientific advice, in particular by ICES.
Amendment 202 #
2018/0074(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Those stocks shall be managed under the precautionary approach to fisheries management as defined in point 8 of Article 4 (1) of Regulation (EU) No 1380/2013 when no adequate scientific information is available. and shall ensure at least a comparable degree of conservation to MSY as set out in Article 9.2 of Regulation (EU) No 1380/2013
Amendment 208 #
2018/0074(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
The following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in Article 1(1) shall be requested from ICES and in line with the definition of best available scientific advice based on this Plan:
Amendment 217 #
2018/0074(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 238 #
2018/0074(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. For the purpose of paragraph 1 of this Article, Member States having direct management interest in the North Western waters and Member States having direct management interest in the South Western waters may submit joint recommendations in accordance with Article 18(1) of Regulation (EU) No 1380/2013 for the first time not later than twelve months after the entry into force of this Regulation and thereafter twelve months after each submission of the evaluation of the plan in accordance with Article 14. They may also submit suchfurther recommendations when deemed necessary by them, in particular in the event of an abrupt change in the situation ofor any of the stocks to which this Regulation applies, as well as to set out a plan which contains measures to implement the ecosystem based approach to fisheries management in the Western Waters. Joint recommendations in respect of measures concerning a given calendar year shall be submitted no later than 1 July of the previous year.
Amendment 60 #
2018/0050(COD)
Proposal for a regulation
Recital 4a (new)
Recital 4a (new)
(4a) In accordance with Regulation (EU) No 1380/2013, Article 2(2), the maximum sustainable yield exploitation rate shall be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks.
Amendment 74 #
2018/0050(COD)
Proposal for a regulation
Recital 7a (new)
Recital 7a (new)
(7a) Pursuant to the principles of the Common Fisheries Policy and to guarantee a level playing field and fair competition between sea basins, there should be a uniform framework in all multi-annual plans and no sea basin specific derogations regarding the objectives expressed in Article 2(2) of Regulation (EU) No 1380/2013.
Amendment 86 #
2018/0050(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The objective of the plan provided for in this Regulation should be to contribute to the achievementachieve the objectives of the CFP, and in particular, reachstoring and maintaining MSY for the targetfish stocks above levels of biomass capable of producing MSY for all stocks, implementing the landing obligation for demersal stocks subject to minimum conservation reference size, and promoting a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic aspects. It should also implement the ecosystem-based approach to fisheries management in order to minimisby reducing, and when possible eliminating, the negative impaeffects of fishing activities oin the marine ecosystem. It should be coherent with the Union’s environmental legislation, in particular the objective of achieving good environmental status by 2020 (in accordance withnvironment. That plan should also contribute to the achievement of good environmental status, as laid down in Directive 2008/56/EC28 ) and the objectives of Directive 2009/147/EC29 and Council Directive 92/43/EEC30 . _________________ 28 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19) 29 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). 30o the achievement of favourable conservation status for habitats and species as required by Directive 2009/147/EC of the European Parliament and of the Council 29 and the Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7)30 respectively.
Amendment 105 #
2018/0050(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Where scientific advice shows that the fishing effort regime is not sufficient to meet the objectives or targets of the plan provided for in this Regulation, management measures based on total allowable catchecatch limits should be introduced in order to complement the effort regime.
Amendment 140 #
2018/0050(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation shall apply to by- catch stocks caught in the western Mediterranean Sea when fishing for the stocks referred to in paragraph 1 and shall ensure that exploitation of all living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield, in line with article 2(2) of Regulation (EU) No 1380/2013. It shall also apply to any other demersal stocks caught in the western Mediterranean Sea and for which sufficient data are not available.
Amendment 146 #
2018/0050(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) ‘FMSY point value’' means the value of the estimated fishing mortality that with a given fishing pattern and current environmental conditions gives the long- term maximum yield;
Amendment 154 #
2018/0050(COD)
‘Best available scientific advice’ refers to publicly available scientific advice that is supported by the most up-to-date scientific data and methods and has either been issued or reviewed by an independent scientific body that is recognised at Union or international level.
Amendment 157 #
2018/0050(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The plan shall contribute to the achievement of the objectives of the common fisheries policy, as listed in Article 2 of Regulation (EU) No 1380/2013, in particular by applying the precautionary approach to fisheries management, and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce MSY.
Amendment 159 #
2018/0050(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The plan shall contribute to the elimination of discards by avoiding and reducing unwanted catches as far as possible, and to the full implementation of the landing obligation established in Article 15 of Regulation (EU) No 1380/2013 for the species which are subject to minimum conservation reference sizes and to which this Regulation applies.
Amendment 160 #
2018/0050(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The plan shall implement the ecosystem-based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. It shall be coherent with Union environmental legislation, in particular with the objective of achieving good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC and the objectives set out in Articles 4 and 5 of Directive 2009/147/EC and Articles 6 and 12 of Council Directive 92/43/EEC. The maximum sustainable yield exploitation rates shall be achieved as soon as possible and on a progressive, incremental basis by 2020 at the latest for allstocks to wich this Regulation applies, and maintained thereafter, as set out in Article 2 of Regulation (EU) No 1380/2013.
Amendment 162 #
2018/0050(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The plan shall implement the ecosystem-based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. In particular, the plan should contribute to reduce bycatch of sensitive species, as well as the impact on sensitive habitats. It shall be coherent with Union environmental legislation, in particular with the objective of achieving good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC and the objectives set out in Articles 4 and 5 of Directive 2009/147/EC and Articles 6 and 12 of Council Directive 92/43/EEC.
Amendment 165 #
2018/0050(COD)
Proposal for a regulation
Article 3 – paragraph 4 – point a
Article 3 – paragraph 4 – point a
(a) ensure that, to the extent that fisheries can contribute to their fulfilment, the conditions described in the qualitative descriptor 3s contained in Annex I to Directive 2008/56/EC are fulfilled; and
Amendment 168 #
2018/0050(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Measures in the plan shall be taken on the basis of the best available scientific advice. Where there is insufficient data, at least a comparable degree of conservation of the relevant stocks shall be pursued.
Amendment 172 #
2018/0050(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The target fishing mortality in line with the ranges of FMSY defined in Article 2 shall be achieved as soon as possible, and on a progressive, incremental basis by 2020 for the stocks concernedall harvested stocks, and shall be maintained thereafter within the ranges of FMSY.
Amendment 179 #
2018/0050(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point a
Article 4 – paragraph 5 – point a
(a) if, on the basis of the best available scientific advice or evidence, it is necessary for the achievement of the objectives laid down in Article 3 in mixed fisheries;
Amendment 180 #
2018/0050(COD)
Proposal for a regulation
Article 4 – paragraph 5 – point b
Article 4 – paragraph 5 – point b
(b) if, on the basis of the best available scientific advice or evidence, it is necessary to avoid serious harm to a stock due to intra- or inter-species stock dynamics; or
Amendment 192 #
2018/0050(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. A fishing effort regime shall apply to all vessels fishing with trawls in the areas and vessels length categories defined in Annex I.
Amendment 196 #
2018/0050(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Each year, in accordance with the best available scientific advice, the Council shall set a maximum allowable fishing effort for each effort group by Member State.
Amendment 198 #
2018/0050(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. For the first year of implementation of the plan, the maximum allowable fishing effort shall be substantially reduced from the baseline provided for in paragraph 4, in accordance with the scientific advice and on the basis of stock status in each area where stocks are predominantly caught.
Amendment 201 #
2018/0050(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. For the first year of implementation of the plan, the maximum allowable fishing effort shall be substantially reduced from the baseline provided for in paragraph 4, in accordance with the best available scientific advice.
Amendment 224 #
2018/0050(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 245 #
2018/0050(COD)
Proposal for a regulation
Article 11 – paragraph 1a (new)
Article 11 – paragraph 1a (new)
1a. By way of derogation from paragraph 1, the use of trawls shall be prohibited within 20 nautical miles of the coast or within the 100m isobath where that depth is reached at a shorter distance from the coast.
Amendment 254 #
2018/0050(COD)
Proposal for a regulation
Article 12a (new)
Article 12a (new)
Article 12a Managementof incidental catches of protected species 1. National scientific research programmes shall be established to identify the overlap of sensitive species with fishing gear and fishing effort and determine technical solutions for fishing gears. 2. A range of scientifically tested technical solutions shall be applied in the western Mediterranean Sea to protect sensitive species. This shall include implementing scaring devices on-board vessels, setting the nets at night, shielding hooks until a predetermined depth, and increasing the sink rate of the hooks for all longline vessels in order to protect seabirds. 3. Spatial measures shall be applied in the western Mediterranean Sea where scientific research has identified areas where sensitive species are known to be incidentally caught until these can be replaced with other technical measures. 4.Where Member States do not implement management measures to protect species and habitats in the western Mediterranean Sea from the negative impact of fishing operations, the Commission is empowered to adopt delegated acts as provided in article 13 of this Regulation.
Amendment 272 #
2018/0050(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point ga (new)
Article 13 – paragraph 1 – point ga (new)
(ga) establishing fish stock recovery areas, pursuant to Article 8 of Regulation (EU) No 1380/2013 to protect spawning and nursery areas for demersal stocks.
Amendment 21 #
2018/0044(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) If assignees are not aware of the legal risk or choose to ignore it, they may face unexpected financial losses. Uncertainty about who has legal title over the claims assigned on a cross-border basis can have knock-on effects and deepen and prolong the impact of a financial crisis. If assignees decide to mitigate the legal risk by seeking specific legal advice, they will incur higher transaction costs not required for domestic assignments. If assignees are deterred by the legal risk and choose to avoid it, they may forego business opportunities and market integration may be reduced.
Amendment 22 #
2018/0044(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) This legal risk can also act as a deterrent. Assignees and assignors may choose to avoid it, thereby allowing business opportunities to pass. This lack of clarity does not therefore appear to be in line with the objective of market integration and the principle of free movement of capital enshrined in Articles 63 to 66 TFEU.
Amendment 35 #
2018/0044(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Priority conflicts between assignees of the same claim may arise where the third-party effects of the assignment have been subject to the law of the assignor’s habitual residence in one assignment and to the law of the assigned claim in another assignment. In such cases, the law applicable to resolve the priority conflict should be the law applicable to the third- party effects of the assignment of the claim which has first become effective against third parties under its applicable law. Where assignment of both claims becomes effective against third parties at the same time, the law of the assignor’s habitual residence should prevail.
Amendment 62 #
2018/0044(COD)
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
The choice of law shall be made expressly in the assignment contract by an amendment to the contract of assignment or by a separate agreement with the same purpose and concluded between the same parties. The substantive and formal validity of the act whereby the choice of law was made shall be governed by the chosen law.
Amendment 63 #
2018/0044(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. A priority conflict between assignees of the same claim where the third-party effects of one of the assignments are governed by the law of the country in which the assignor has its habitual residence and the third-party effects of other assignments are governed by the law of the assigned claim shall be governed by the law applicable to the third- party effects of the assignment of the claim which first became effective against third parties under its applicable law. Where assignment of both claims becomes effective against third parties at the same time, the law of the country in which the assignor’s habitual residence is situated shall prevail.
Amendment 7 #
2017/2279(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas in the current financial period, cohesion policy is expected to help support 1.1 million SMEs, 7.4 million unemployed people find a job, 8.9 million people gain new qualifications, invest €16 billion in the digital economy and make substantial investments in social infrastructure;
Amendment 10 #
2017/2279(INI)
Draft opinion
Recital B
Recital B
B. whereas the employment rate in the EU has been growing for four consecutive years and now surpasses the 2008 figure at 71%, but still remains below the pre-crisis level in halfsome2a of the Member States; whereas regional disparities have started to narrow;while there remain marked differences in the average employment rate between more and less developed regions, regional disparities have started to narrow; _________________ 2a http://ec.europa.eu/eurostat/statistics- explained/index.php/File:Employment_ra te,_age_group_20_%E2%80%93_64,_201 6_%28%25%29_YB17.png
Amendment 23 #
2017/2279(INI)
Draft opinion
Recital C
Recital C
C. whereas while the risk of poverty or social exclusion in the EU has fallen back to its pre-crisis level, it remains verytoo high and far from reaching the Europe 2020 poverty and social exclusion target;
Amendment 50 #
2017/2279(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets the sluggish implementation of the 2014-2020 programmes with just 39% of the total funding allocated as at July 20173a; considers that faster implementation, a smoother transition between programming periods, clear targets, benchmarks and result indicators, genuine simplification and capacity development are necessary; _________________ 3a http://ec.europa.eu/regional_policy/source s/docoffic/official/reports/cohesion7/7cr.p df, p. 175
Amendment 51 #
2017/2279(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 60 #
2017/2279(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Takes the view that the job creation potential of Union funds is still insufficiently leveraged and should therefore be further strengthened through more efficient and results-based policy- making and implementation; considers, moreover, that access to funding should be eased for all beneficiaries, especially SMEs;
Amendment 69 #
2017/2279(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 55 #
2017/2277(INI)
Motion for a resolution
Recital D
Recital D
D. whereas good occupational safety and health practices are crucial for a productive and motivated workforce, which helps companies remain competitive and innovative and helps to maintain valuable skills and work experience, reduce staff turnover and prevent exclusion; whereas SMEs have particular needs in this regard, demanding support measures in order to attain their OSH objectives; whereas, on the other hand, good OSH practices are crucial for SMEs to stay in the market and keep ensuring employment;
Amendment 64 #
2017/2277(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the improved health and reintegration of workers increases the overall wellbeing of society, has economic benefits to Member States, employees and employers and helps to retain; whereas to retain and to reintegrate older workers is key to secure skills that would otherwise be lost;
Amendment 67 #
2017/2277(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas older workers, despite being more subjected to chronic illness, also are proved to have a lower degree of exposure to physical risks and greater working time autonomy;
Amendment 137 #
2017/2277(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses in this regard the importance of developing and updating workers’ skills, matching the company and market needs, with special emphasis on digital skills, by providing workers with relevant training and access to lifelong learning;
Amendment 179 #
2017/2277(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Believes that financial incentives, including financial incentives for SMEs, should be in place to keep people with reduced working capacity in employment;, in particular workers with reduced working capacity, if medical conditions allow, them to work; strongly encourages the integration of workers through re- training and upskilling into the open labour market; underlines that support should be available in particular to SMEs in order to allow the delivery of efficient training;
Amendment 193 #
2017/2277(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises in this regard that flexible working arrangements, such as telework, flexitime and reduced working hours, play an important role in returning to work; stresses the importance of encouraging early return to work (if medical conditions allow) through flexible working arrangements and reduced working time arrangements, which could be accompanied by partial sickness benefit; stresses that these arrangements, that include geographical, temporal and functional flexibility, must be positive both for workers and employers, helping on the management of the work organization and taking into account the variations in production cycles;
Amendment 238 #
2017/2277(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Takes the view that EU-wide campaigns play an important role in shifting popular opinion, increasing awareness of the demographic challenges facing the European labour markets as well as fighting existing myths and stereotypes that still exist about older workers; considers regrettable that older persons are still often exposed to age discrimination, stereotypes and barriers;
Amendment 240 #
2017/2277(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Stresses that national policy frameworks have a decisive impact on the policies and practices that enterprises develop to support active aging and to secure comprehensive age diversity on the work force;
Amendment 9 #
2017/2273(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Article 3 of the TEU stipulates that the aims of the Union are, inter alia, to promote peace, its values and the well-being of its peoples and to work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment, and that the Union shall combat social exclusion and discrimination, and promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child,
Amendment 12 #
2017/2273(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the correct application of EU law guarantees the benefits of Union's policies to all European citizens and a level playing field for businesses;
Amendment 76 #
2017/2273(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to enhance, where possible and necessary, the portion of the European Social Fund dedicinstruments designed to help Member Stateds to ‘enhancing institutional capacity of public authorities and stakeholders and efficient public administration’ (Thematic Objective 11)14 in order to promote social welfarecognize transposition problems, address them at an early stage of the infringement procedures and economic development, and to enhance the effectiveness of beneficial legislation; _________________ 14Article 3(d) of Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006; OJ L 347, 20.12.2013, p. 470.help them find joined solutions and thus, enhance the effectiveness of EU legislation;
Amendment 78 #
2017/2273(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls that the legislation which gives rise to the most flagrant infringement proceedings is the result of directives; recalls that regulations are directly and compulsorily applicable in all the Member States; calls, therefore, on the Commission to make use of regulations as far as possible whenever it considers issuing legislative proposals; considers that such an approach could mitigate the risk of over-regulation;
Amendment 79 #
2017/2273(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Recalls that preliminary rulings help to clarify the manner in which the law of the European Union is to be applied; considers that recourse to this procedure allows a uniform interpretation and implementation of European legislation; encourages, therefore, national courts to refer questions to the Court of Justice of the European Union in the event of doubt and thus prevent infringement proceedings;
Amendment 101 #
2017/2260(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses the need for structural reforms aimed at improving labour market and social policies, in order to help the workforce to acquire the skills they need and to promote equal opportunities in the labour market, fair working conditions, increasing labour productivity to support wage growth, and sustainable and adequate social protection systems; emphasises the need of reinforcing a favourable environment for business with a view to creating more employment while balancing the social and economic dimensions; calls on the Member States to gradually shifting taxes from labour to other sources;
Amendment 132 #
2017/2260(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. 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 143 #
2017/2260(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates its concern at the level of youth unemployment, which remains high, with the number of NEETs having stagnated; welcomes, in this respect, an increase in funding for the Youth Employment Initiative by EUR 2.4 billion for the period 2017-2020; highlights that Member States should ensure that the Youth Guarantee is fully open to all groups, including vulnerable persons;
Amendment 173 #
2017/2260(INI)
6. Calls on the Commission and the Member States to maximise their efforts in investing in high-quality education and training in order to guarantee that the skills acquired will match labour market demand; underlines, in this respect, the growing demand for digital and other transferable skills and insists that the development of these skills is urgent and particularly necessary; takes the view that mutual recognition of qualifications will be beneficial for overcoming the gap between skills shortages on the European labour market and jobseekers, especially young people;
Amendment 179 #
2017/2260(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. 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;
Amendment 192 #
2017/2260(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Member States to provide labour inspectorates or other relevant public bodies with adequate resources to address the issue of undeclared work, as well as to reinforce labour inspection mechanisms and design measures to enable workers to move from the grey to the formal economy in order to have access to employment and social protection systems;
Amendment 197 #
2017/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the potential of SMEs, as well as health and social services and social enterprises, in job creation and the economy as a whole; considers it vital to support entrepreneurship and to improve the business environment by removing administrative burdens, improving access to finance and supporting the development of tax models and simplified tax compliance procedures favouring SMEs, entrepreneurs, micro-entities and start-ups;
Amendment 237 #
2017/2260(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Encourages the Member States to implement the necessary measures for the social inclusion of refugees as well as people of ethnic minority or immigrant origin;
Amendment 253 #
2017/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the role of the social partners and civil society as essential stakeholders in the reform process and the added value of their involvement in the drafting, sequencing and implementation of reforms; supports the opinion that new forms of employment in the globalised market call for new forms of social dialogue; affirms that the Member States need to help people build the skills required in the labour market;
Amendment 2 #
2017/2259(INI)
Draft opinion
Recital A
Recital A
A. whereas, according to Eurostat, youth unemployment in the EU28 is steadily decreasing and stood at 18.76.1% in 2016, even exceeding 40% in some countries; December 20171a although this rate remains double the overall unemployment rate and there are considerable differences between Member States; whereas this rate is still unacceptably high and must be reduced in order to realise young people’s full potential; __________________ 1a http://ec.europa.eu/eurostat/documents/29 95521/8631691/3-31012018-BP- EN.pdf/bdc1dbf2-6511-4dc5-ac90- dbadee96f5fb
Amendment 22 #
2017/2259(INI)
Draft opinion
Recital B
Recital B
B. whereas the overall lack of investment in young people’s rights will contribute to the aggravation of phenomena such as declining populations, the lack of professional qualifications or the disma is crucial for a fair and open democratic society, social mobility and inclusion and sustainable growth and employmentl ing of social security systems Europe;
Amendment 27 #
2017/2259(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the EU Youth Strategy set out a framework for cooperation in the field of youth policy for the 2010-2018 period with the objectives of creating more and equal opportunities for all young people in education and in the labour market and promoting young people´s inclusion and active participation in society;
Amendment 50 #
2017/2259(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes the findings of the interim evaluation of the EU Youth Strategy carried out by the Commission2a which outlines that the strategy has been successful in triggering concrete changes at the national and organisational levels and in the adoption of common approaches and principles across the Member States; __________________ 2a https://ec.europa.eu/transparency/regdoc/ rep/10102/2017/EN/SWD-2017-281-F1- EN-MAIN-PART-1.PDF
Amendment 53 #
2017/2259(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes the evaluation found the strategy gave a strong impulse to national youth agendas, strengthening or reorienting youth policy priorities in a number of Member States, encouraged cross-sectoral cooperation, mutual learning and structured dialogue with young people and provided EU added- value to Member States via policy inspiration, knowledge and expertise, opportunities and resources;
Amendment 56 #
2017/2259(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Believes that the open method of coordination could be continued beyond the current period for cooperation in youth policy in order to set a joint agenda, exchange best practices and improve knowledge based policy making; however, believes that the current strategy’s fields of action and initiatives should be simplified and streamlined and its mechanisms for monitoring and reporting outcomes improved in order to be more targeted and ambitious;
Amendment 59 #
2017/2259(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Reiterates the importance of the strategy’s cross-sectoral approach as a means of mainstreaming a youth dimension and creating synergies in other relevant policy fields such as employment, education and training and believes integration of the Youth Strategy with other related initiatives at EU level could be improved;
Amendment 62 #
2017/2259(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Highlights the value of structured dialogue with young people and their organisations as a means of establishing structures and processes for their participation and stresses the importance of reaching more and diverse young people, especially those at risk of exclusion;
Amendment 74 #
2017/2259(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Argues that individuals’young people’s transition into the labour market is facilitated by a comprehensive education and training systems that ensures they acquire cross-cutting skills that promote critical thinking, universality and multicultural dialogue, fostering employabilityand competences including basic and non- cognitive skills as well as key competences that are future oriented; notes through early specialisation, but rather by enabling the attainment of a wide variety of qualificationse role that work-based learning, apprenticeships and digital and entrepreneurial skills can play in this regard;
Amendment 93 #
2017/2259(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to propose an increase in the funding, powers and scopeensure continued adequate funding of programmes promoting the education, training, employability and social inclusion of young people, ensuring that these funds are not used to help create unpaid internships or precarious work or replace permanent jobs with temporary ones or internships.
Amendment 12 #
2017/2209(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes with regret that insufficient attention has been paid to the concentration of media ownership in Member States; recalls that EU competition rules play an important role in preventing the creation or abuse of dominant positions; calls therefore on the Member States and local authorities to monitor media concentration and to provide easily accessible information on media ownership and economic influence over the media landscape;
Amendment 13 #
2017/2209(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. The independence of the press covers both public and private media; highlights in this regard the importance of ethical codes for journalists and editors; such ethical codes shall encompass the duty to verify information and sources; stresses that the dissemination of content online needs to apply the same duty of care than dissemination offline; is concerned in this regard that standards seem to be lowered in a rapidly changing online environment where quantity and promptness and clickbaits seems more important than accurateness;
Amendment 27 #
2017/2209(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Is concerned about the legislative and administrative measures used intaken by certain Member States to restrain and control their media, including public media channels, directly or indirectly; stresses that the fundamental principle of editorial independence from the governments and/or from political or commercial interests shouldmust be protected; underlines that theany coverage of election campaigning should be fair, balanced, and impartial and systematically monitored;; urges Member States to adhere to the recommendations and resolutions by the Council of Europe as regards public media independence and recalls the European standards laid down in the Treaties in this respect; stresses that supervision of public service media must be exercised by independent bodies and not directly by political institutions, such as a government; moreover, in cases of state financed public service media, editorial independence must be guaranteed
Amendment 38 #
2017/2209(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 54 #
2017/2209(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. UnderlinNotes that whistle-blowers arcting on reasonable ground can be a crucial resource for investigative journalism and thus contribute to an independent press; calls on the Commission therefore to provide EU-wide protection in accordance with the treaties and the Union objectives of democracy, pluralism of opinion and freedom of expression; the protection of whistle-blowers goes hand in hand with the confidentiality of their sources, however, balanced with the fundamental rights of the accused natural and legal persons;
Amendment 59 #
2017/2209(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that false accusations or misleading information can have far reaching effects for people and businesses; recalls that in the event of false accusations,those responsible should be held accountable for their action and not benefit from whistle-blower protection; stresses that any person who is defamed by inaccurate or misleading information needs to be afforded effective redress mechanisms;
Amendment 69 #
2017/2209(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights that the fight against ‘fake news’, namely false news and other disinformation spread deliberately via the media, sdeliberate misinformation created or spread in order to make financial or political gains, so called ‘fake news’, break the relationship of trust between the media and citizens and have a potential to endanger liberal democracies as well as to undermine our democratic values such as freedom of expression and the rule of law; as social media has made the circulation of such fake information much easier than in the traditional media, solutions need to be found to hould not result in restricting freedom of internet usage; calls for the Member States and EU institutions to devote sufficient resources to tackling disinformation; is satisfied with the work of the East StratCom Task Force and the establishment of the High Level Expert Groupauthors of fake news accountable for their action in digital media as is the case in the offline world; stresses that strict regulation or censorship of thoughts and views cannot be the response, but that rather assurance of reliability of information and educated, critically thinking citizens as well as media literacy form part of the solution; calls for the Member States and EU institutions to devote sufficient resources to tackling disinformation; highlights in this respect the need for media consumers to be able to distinguish between facts and pure opinions; stresses that the EEAS Strategic Communication Division and in particular the current East StratCom Task Force actively contributing to the development and implementation of a strategy against dissemination onf fake news needs and online disinformationverall upscale and reinforced resources to carry out its tasks properly.
Amendment 81 #
2017/2209(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Welcomes the Commission’s announcement to prepare a strategy to counter fake news, to be published in due course
Amendment 84 #
2017/2209(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Highlights the need for Member States to complement EU efforts to counter fake news and to engage at all levels, including in cooperation with the EU neighbourhood, to foster a pluralistic media environment to communicate EU policies truthfully, coherently and comprehensively,
Amendment 88 #
2017/2209(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Emphasizes that principles of media freedom, freedom of speech and media pluralism are as relevant for pre- accession countries and the European Neighbourhood area as it is for member states; calls on the Commission to ensure that these principles are strengthened and adequately monitored in these countries and that assistance programs are made contingent upon adherence to these principles.
Amendment 2 #
2017/2139(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. AppreciatesPoints out that the budget implementation for the financial year 2016 represents a very high rate of use of final appropriation (98,23 %), even if slightly lower than the 2015 rate (99,1 %), due mainly to the gradual arrival in 2016 of 12 new Judges at the General Court;
Amendment 9 #
2017/2139(DEC)
4. Notes that the 2016 statistics for the three courts which make up the Court of Justice confirm the trend seen in recent years as regards the average duration of proceedings, which remains satisfactoryseems to be shorter (Court of Justice: 15 months for requests for a preliminary ruling (15,3 months in 2015), 2,7 months for urgent requests for a preliminary ruling (1,9 months in 2015), 19,3 months for direct actions (17,6 months in 2015) and 12,9 months for appeals (14 months in 2015);
Amendment 10 #
2017/2139(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Applauds the facPoints out that overall the three courts making up the Court of Justice closed 1628 cases in 2016, thea number slightly lower than in 2015 (1775 cases closed) but still very positive; reiterates the importance, with a view to upholding the fundamental rights of EU citizens, of reducing the list of pending cases;
Amendment 14 #
2017/2139(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. WelcomesPoints out the constant growth of the accesses to ‘e-Curia’ application (numbers of access accounts: 3599 in 2016, compared to 2914 in 2015), and the fact that in 2016 all the Member States used “e- Curia”, showing that the public's awareness of the existence and the advantages of this application has been efficiently raised;
Amendment 15 #
2017/2139(DEC)
Draft opinion
Paragraph 7
Paragraph 7
7. WelcomDeplores the fact that the Court is working towards a gender balance in positions of high responsibility and that the European Parliament and the Council have indicated, among their objectives, a balanced representation of genders in appointing new Judges to the General Court (as of this date, five women Judges and two women Advocates General are part of the organisation chart of the Court and ten women Judges are part of the organisation chart of the General Court)gender balance at the Court of Justice of the European Union still has not been achieved and reiterates its call for more women to be appointed as judges.
Amendment 5 #
2017/2120(INI)
Motion for a resolution
Recital B
Recital B
B. whereas it is important to understand the difference between recreational fisheries and semi-subsistence fishing, because the two should be evaluated and regulated separately and it should be made clear that recreational fishing is not semi-subsistence fishing;
Amendment 8 #
2017/2120(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the EU legislation only operates with two fisheries categories, recreational and commercial fisheries. Semi-subsistence fishing and semi- commercial fishing are not recognised by EU legislation;
Amendment 11 #
2017/2120(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas sport fishing is different from the leisure recreational fishing and should thus be differently identified in the EU definition and regulation;
Amendment 13 #
2017/2120(INI)
Motion for a resolution
Recital C
Recital C
C. whereas without a clear legal distinction between recreational fisheries and semi-subsistence fishing, certain illegal, unreported and unregulated (IUU) fishing may go undetected by falling under those two categoriesnot being counted or properly regulated;
Amendment 14 #
2017/2120(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas there is not one agreed upon, clear, definition of recreational fishing at an EU level, which makes it very difficult to control, collect data, and assess the impact of recreational fishing on the fish stocks, environment, and its economy importance;
Amendment 31 #
2017/2120(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas it is important to evaluate the impact of all fisheries on a specific stock, as well as its economic value, in order to adopt management measures that help achieve both the environmental objective, as well as the economic one, while being fair and proportionally divided between the different types of fisheries targeting that species;
Amendment 43 #
2017/2120(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas recreational maritime tourism fishing, as well as other tourism fishing, is shown to be very important for the economy of many regions and countries, and should thus be analysed in order to better assess its value, impact and development potential;
Amendment 44 #
2017/2120(INI)
Motion for a resolution
Recital M b (new)
Recital M b (new)
Mb. whereas all types of recreational fishing have more economic and social impact at a local and regional level than on the national level by supporting local and coastal communities through tourism, production, retail and renting of equipment and other recreational fishing related services;
Amendment 47 #
2017/2120(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas it is important to evaluate individually the different recreational fishing methods, or segments described in the ICES 2013 definition;
Amendment 50 #
2017/2120(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the evaluation of the impact of recreational fisheries on fish stocks includes the retention of catches and the mortality rates of released fish; whereas the survival rate of fish caught by rod and line (catch and release fishing), in most instances is higher than equivalent rates for fish caught with other gear and by other practices and should thus be taken into consideration;
Amendment 51 #
2017/2120(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas recreational fishing includes a variety of gears and techniques with different stock, and environmental impact, and should thus be evaluated and regulated accordingly;
Amendment 60 #
2017/2120(INI)
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Qa. whereas the highest estimated environmental impact of recreational fishing is associated to the use of live bait and the possibility of introducing non- indigenous species in the ecosystem;
Amendment 62 #
2017/2120(INI)
Motion for a resolution
Recital Q b (new)
Recital Q b (new)
Qb. whereas there are other types of environmental impacts of the recreational fishing, apart from the fish removal, but the lack of clear data is making it difficult to separate them from other anthropogenic sources;
Amendment 63 #
2017/2120(INI)
Motion for a resolution
Recital R a (new)
Recital R a (new)
Ra. whereas recreational fishing has many social and public health contributions by increases participants’ life quality, encouraging interaction among young people and educating in regard the environment and the importance of its sustainability;
Amendment 71 #
2017/2120(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 79 #
2017/2120(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls upon the Commission to conduct an impact assessment on the recreational fishing in the EU; the assessment of the management plans which include recreational fishing provisions should also be embedded in the Commission’s final report on the impact assessment;
Amendment 114 #
2017/2120(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to propose a comprehensive regulation on maritime recreational fisheries, as well as a definition for the activity at EU level, to be included in the future CFP, so that both types of maritime fishing – commercial and recreational – can be managed in a balanced, fair and sustainable manner with a view to achieving the desired objectidefinition for recreational fishing at EU levesl;
Amendment 119 #
2017/2120(INI)
7a. Based on the data and the impact assessment report, the Commission should evaluate the role of recreational fisheries in the future CFP, so that both types of maritime fishing – commercial and recreational – could be managed in a balanced, fair and sustainable manner with a view to achieving the desired objectives;
Amendment 125 #
2017/2120(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Reminds that the EMFF provides funds for data collection, including recreational fisheries; calls upon the Commission to widen the future scope of the EMFF in order to provide financial support for research and analysis of the data collected;
Amendment 126 #
2017/2120(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Reminds that traceability is the best tool in determining and controlling when recreational fishing becomes semi- subsistence fishing;
Amendment 30 #
2017/2118(INI)
Motion for a resolution
Recital F
Recital F
F. whereas starting up or expanding an aquaculture farm in the EU requires obtaining various permits and authorisations and the procedure for obtaining these official documents is sometimes slow, complex and uncertain; whereas this situation risks hindersing the development of the sector an, could discourages business investment and result in excessive costs for the sector;
Amendment 38 #
2017/2118(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the most complex procedures are those related to environmental requirements (impact studies and surveillance procedures), but, paradoxically, the slowness and complexity of these administrative procedures do not always ensure environmental protection, indeed on the contrary sometimes making it difficult to establish sustainable aquaculture farms;
Amendment 40 #
2017/2118(INI)
Motion for a resolution
Recital H
Recital H
Amendment 46 #
2017/2118(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the unavailability of locations, in conjunction with competition with other economic activities, has a considerable effect on the development of EU aquaculture in some regions, since the aquaculture sector has little weight compared with ‘powerful’ activities such as tourism, oil and gas extraction, windmills, etc;
Amendment 55 #
2017/2118(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the EU environmental legislation is based on directives (the Marine Strategy Directive, the Birds and Habitats Directives, the Water Framework Directive), and it is therefore left to Member States and to local and regional administrations to apply it at their discretion; whereas, consequently, there is no uniform implementation throughout the EU and this leads to legal uncertainty for enterprises and farms and creates an uneven playing field;
Amendment 58 #
2017/2118(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas different national or regional legal frameworks for aquaculture can lead to businesses having different legal requirements even if they are active in the same sea basin, which in turn risks distorting competition
Amendment 66 #
2017/2118(INI)
Motion for a resolution
Recital K
Recital K
K. whereas EU products have to comply with a series of stringent environmental, animal health and consumer protection rules and standards covering production operations, feed, welfare, transport, processing and social conditions of employment; whereas the result is excellent quality and sustainable products which may be more expensive and, thus, less competitive than the imported ones, which frequently arrive on the EU market at lower than expected prices thanks to practices which are unsustainable from an environmental and social point of view, and whose production has been accompanied by poor animal welfare standards;
Amendment 74 #
2017/2118(INI)
Motion for a resolution
Recital L
Recital L
L. whereas the excellent quality of EU seafood shouldcan constitute a major competitive advantage for EU aquaculture;
Amendment 88 #
2017/2118(INI)
Motion for a resolution
Recital N
Recital N
N. whereas this not only leads to unransparent and equal standards for food quality and consumers’ health is needed to ensure fair competition between imported third- country and EU aquaculture products and EU produce, but also affects produce and food quality and consumers’ health;
Amendment 97 #
2017/2118(INI)
Motion for a resolution
Recital Q
Recital Q
Q. whereas sustainable aquaculture is based on rearing healthy animals, and for this it is essential to have the specific veterinary tools, especially a responsible and restrictive use of vaccines to ensure animal health and welfare;
Amendment 105 #
2017/2118(INI)
Motion for a resolution
Recital S
Recital S
Amendment 108 #
2017/2118(INI)
Motion for a resolution
Recital T
Recital T
T. whereas although there is always room for improvement through better practices, the bad image of this activity is not always due to real problems (environmental, quality or safety aspects,) but to the preconceived idea that consumers have of aquaculture; whereas a significant part of this situation is due to the belief that the real impacts of aquaculture in some third countries (developing countries) are also encountered in the EU, which is not true;
Amendment 113 #
2017/2118(INI)
Motion for a resolution
Recital U
Recital U
U. whereas thea poor reputation of aquaculture can affects its governance by public administrations (licensing, planning, etc), but also its marketing conditions;
Amendment 122 #
2017/2118(INI)
Motion for a resolution
Recital W
Recital W
W. whereas difficulties in access toing credit is difficult, as thand a considerable time-lag between investment and first sale is considerable (in general 3 years or more), and th risk discouragesing investors;
Amendment 123 #
2017/2118(INI)
Motion for a resolution
Recital X
Recital X
Amendment 130 #
2017/2118(INI)
Motion for a resolution
Recital Z a (new)
Recital Z a (new)
Z a. Whereas a mix of commercial fisheries and aquaculture is important and a developed aquaculture sector can never be seen as a reason to continue overfishing;
Amendment 134 #
2017/2118(INI)
Motion for a resolution
Recital AA
Recital AA
AA. whereas available data show a growing gap – estimated at 8 million tonnes – between the level of consumption of seafood in the EU and the volume of captures from fisheries; whereas sustainable aquaculture can together with sustainable fisheries contribute to guaranteeing long-term food and nutrition security, including food supplies, as well as growth and employment for Union citizens, and contribute to meeting the growing world demand for aquatic food; whereas it can thus contribute to the overall objective of filling the gap between consumption and production of seafood in the EU;
Amendment 143 #
2017/2118(INI)
Motion for a resolution
Recital AB a (new)
Recital AB a (new)
AB a. whereas young people are less interested in working in the aquaculture sector or investing and developing it due to poor communication and lack of financial prospects and stability, which makes it unattractive to younger generations;
Amendment 147 #
2017/2118(INI)
Motion for a resolution
Recital AB b (new)
Recital AB b (new)
AB b. whereas research and innovation are crucial parts of more sustainability and competitivity for the aquaculture sector on the EU market;
Amendment 157 #
2017/2118(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Believes that the EU needs to increase its production in the aquaculture sector, in particular with the aim of reducing pressure on natural fishing grounds; taking quality, sustainability and environmental aspects into account and being a role model in this regard;
Amendment 159 #
2017/2118(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Takes positive note of new initiatives with land based aquaculture, especially in sensitive seas and EU areas with closed waters
Amendment 160 #
2017/2118(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Believes that stronger measures are needed to make aquaculture a more efficient, economically viable, socially responsible and environmentally friendly sector, fulfilling a greater share of the European demand for fish and reducing Europe's dependence on imports.
Amendment 162 #
2017/2118(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Commission communication ‘Strategic Guidelines for the sustainable development of EU aquaculture’ and its identification of the areas where efforts need to focus in order to unlock the potential of EU aquaculture so that it, together with sustainable fisheries, can contribute to the objective of filling the gap between consumption and production of seafood in the EU in a way that is environmentally, socially and economically sustainable;
Amendment 164 #
2017/2118(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that freshwater aquaculture is still an insufficiently explored opportunity for improving food security and developing rural areas.
Amendment 169 #
2017/2118(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that sustainable growth needs to be based on: business certainty, which can be created through more efficient administrative frameworks, improved governance transparency, clear and homogenous criteria for granting licences across the EU, common disease management procedures and access to appropriate veterinary treatments, effective spatial planning, the availability of guidance documents, exchange of best practices, the support of the Aquaculture Advisory Council, and adequate financial support can all contribute to sustainable growth;
Amendment 170 #
2017/2118(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that freshwater aquaculture plays an important social role, by providing rural employment in the poorest areas, as well as playing an environmental role in maintaining valuable wetlands and providing a wide range of ecosystem services, which go far beyond its economic value.
Amendment 185 #
2017/2118(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that any sustainable European aquaculture policy must take account of the characteristics and different needs and challenges of the various types of aquaculture production (saltwater fish, freshwater fish, molluscs, crustaceans, seaweed and echinoderms), and develop tailor-made measures that also account for geographic differences and the potential effects of climate change;
Amendment 196 #
2017/2118(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the vital role of local and regional authorities in the development of European aquaculture, and specificallyincluding in implementing the multiannual strategic plans drawn up by the Member States;
Amendment 199 #
2017/2118(INI)
Motion for a resolution
Paragraph 10 – introductory part
Paragraph 10 – introductory part
10. Stresses that the sustainable growth of aquaculture needs to be based on business certainty, which can be created through for example:
Amendment 203 #
2017/2118(INI)
Motion for a resolution
Paragraph 10 – point a
Paragraph 10 – point a
a) simplification of administrative procedures - less red tape, on EU, national and regional level;
Amendment 209 #
2017/2118(INI)
Motion for a resolution
Paragraph 10 – point d
Paragraph 10 – point d
d) fast, clear and transparent licensing procedures accompanied by limited timelines for agreement, so as not to discourage investors;
Amendment 211 #
2017/2118(INI)
Motion for a resolution
Paragraph 10 – point f a (new)
Paragraph 10 – point f a (new)
f a) A coordinated legal framework between different regions and Member States sharing the same waters in order to ensure fair competition and efficient environmental policies
Amendment 212 #
2017/2118(INI)
Motion for a resolution
Paragraph 10 – point g
Paragraph 10 – point g
g) close cooperation between the Commission and the competent authorities (national, but also local and regional) in the implementation of EU legislation (mainly environmental) as well as supporting coordination of national or regional legislation where necessary;
Amendment 216 #
2017/2118(INI)
Motion for a resolution
Paragraph 10 – point i
Paragraph 10 – point i
i) adequate but restrictive public financial support at EU and national level;
Amendment 220 #
2017/2118(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. STakes note of suggestions, with regard to the administrative system, for the use of a ‘one- stop shop’, which would take on and exercise all responsibilities, allowing relevant documents to be submitted to a single administrative body; believes this wcould significantpotentially improve the relationship between the end-user and the different levels of public administration;
Amendment 221 #
2017/2118(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Suggests, with regard to the administrative system, the use of a ‘one- stop shop’Urges the creation of the ‘one-stop shop’ as an administrative system, , which would take on and exercise all responsibilities, allowing relevant documents to be submitted to a single administrative body; believes this would significantly improve the relationship between the end-user and the different levels of public administration;
Amendment 224 #
2017/2118(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. SuggestsTakes note of suggestions of establishing a simplified or ‘fast-track’ licensing system, whereby the competent administration grants a provisional certificate permitting those operators who meet predefined criteria to commence their activities; these criteria could be based on applicants’ history or on the fact that they have put forward a pioneering aquaculture project in terms of innovation or sustainability, or on the establishment of reserved aquaculture easement zones where uses that are incompatible with aquaculture are defined in advance;
Amendment 230 #
2017/2118(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Underlines the need for more clarity and predictability in regulations and administrative decisions in regard spatial planning and access to water sources;
Amendment 231 #
2017/2118(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Suggests to support a more active and important role and implication of the aquaculture organisations and FLAGs in the decision making process, through regionalisation, in order to ensure the best approach for each specific region;
Amendment 233 #
2017/2118(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Points out that it is essential that due consideration be given to the aquaculture sector’s interests and that it be treated fairly when it interacts with other sectors, e.g. in spatial planning or allowances for emissions;
Amendment 237 #
2017/2118(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 243 #
2017/2118(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Insists on the fact that the legislation should be adopted after consultation, on an equal basis, of all interested actors (and not only the most important or powerful ones);
Amendment 259 #
2017/2118(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that strictercompliance with EU legislation on imports is needed in order to guarantee that they comply with the samesufficient environmental and food safety standards as EU products;
Amendment 265 #
2017/2118(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for more and better controls at the bordereasures to ensure compliance with EU import rules;
Amendment 268 #
2017/2118(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Points out that the EU should export its sustainability standards and know-how; believes this is especially relevant in the case of neighbouring regions that produce similar species to those produced in the EU (e.g. North Africa and the Middle East)and especially with third countries sharing the same waters as the EU;
Amendment 274 #
2017/2118(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to investigate how best to monitorcontinue ensuring that EU import rules are respected, also in terms of farming procedures, in respect of that comply with environmental, hygiene and social standards, in exporting third countries so that a level playing field can be implemented internationally;
Amendment 282 #
2017/2118(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Insists on a stricfull and completer implementation of the EU legislation on labelling and consumer information, both in fish markets and in the hotel, restaurant and catering sector (HORECA); believes this is important for all fisheries products (and not only aquaculture products), both imported and EU-produced; considers that the Control Regulation should be adapted and reinforced to this end;
Amendment 306 #
2017/2118(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Points out that the sector can benefit from better communication on the benefits of aquaculture is needed;
Amendment 308 #
2017/2118(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 313 #
2017/2118(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Stresses the need to encourage and finance promotion campaigns for regional quality schemes;
Amendment 334 #
2017/2118(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Calls on the Commission and the Member StatesMember States, where beneficial with support from the Commission, to guarantee appropriate vocational training in the field of aquaculture and encouragetakes note of the possibleility of retraining of professional fishermen in alternative methods of managing aquatic environments, thus also helping to create jobs for young people in rural and coastal areas and in the outermost regions, on islands, and, in general, in regions that depend to a great extent on fisheries and aquaculture activities;
Amendment 338 #
2017/2118(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Underlines that encouraging cooperation between the aquaculture sector research and innovation and specific University programmes will bring new ideas and boost the interest in this economic sector;
Amendment 344 #
2017/2118(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38 a. Points out that education and good communication will attract young people in this sector and ensure its future and its the competitiveness, as well as bring new technology and innovation in its development;
Amendment 363 #
2017/2118(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Points out that no antagonism should exist between fisheries and aquaculture and that both sectors can be perfectly compatible and complementary, especially in coastal regions or islands which are highly dependent on those activities;
Amendment 69 #
2017/2010(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Encourages national parliaments to give opinions on Commission proposals, which are all available for consultation together with other relevant documents at any time on the internal databases CONNECT and IPEX; recalls that all of the information is available on the platform REGPEX;
Amendment 52 #
2017/2007(INI)
Motion for a resolution
Recital G
Recital G
G. whereas 3D-printing technology could also raises security issues, particularly with regard to the manufacturing of weapons, explosives and drugs, and particular care should be taken with regard to production of that kind;
Amendment 55 #
2017/2007(INI)
Motion for a resolution
Recital H
Recital H
Amendment 72 #
2017/2007(INI)
Motion for a resolution
Recital K
Recital K
K. whereas as a result of the processes that it uses, 3D printing leads to what the industry has described as a kind of ‘fragmentation of the act of creating’ in that a work may be circulated digitally before it takes a physical form, which makes it easier to copy and complicates the fight against counterfeiting considerably;
Amendment 85 #
2017/2007(INI)
Motion for a resolution
Recital N
Recital N
N. whereas Directive 85/374/EEC on liability for defective products covers all contracts; whereas it should be noted that it is progress in 3D printing that has led the Commission to undertake a revision of that Directive to check whether it still meets current needpublic consultation with the aim of assessing whether this Directive is fit for purpose in relation to new technological developments;
Amendment 100 #
2017/2007(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that to anticipate problems relating to accident liability or intellectual property infringement, the EU will have to adopt new legislation or tailor existing laws to the specific case of 3D technology, taking into account the decisions of the European Union Intellectual Property Office (EUIPO) and the relevant case law of the EU and Member State courts; stresses that, in any case, the legislative response should avoid duplicating rules and should take into account projects that are already under way; adds that innovation needs to be accompanied by law, without the law acting as a brake or a constraint;
Amendment 66 #
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 in line with the corporate social responsibility of an entity founded on work. 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 73 #
2017/0355(COD)
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Working hours should be organized in line with economic principles and productivity but also from a strictly human perspective in the sense that working hours should be progressively reduced in order to provide workers with increased leisure.
Amendment 106 #
2017/0355(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) Work must be structured according to its individual and collective economic goals, but also as an instrument through which the worker achieves fulfilment as a human being.
Amendment 107 #
2017/0355(COD)
Proposal for a directive
Recital 36 b (new)
Recital 36 b (new)
(36b) To this extent, work acquires a personal and individual dimension, as well as a collective and social dimension.
Amendment 109 #
2017/0355(COD)
Proposal for a directive
Recital 36 b (new)
Recital 36 b (new)
(36b) To this extent, work thus acquires a personal and individual dimension, as well as a collective and social dimension.
Amendment 113 #
2017/0355(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Directive is to improve working conditions by promoting more secure, transparent and predictable employment while ensuring labour market adaptability.
Amendment 18 #
2017/0232(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) It should be stressed that the proposed improvements aim at achieving the right balance between the autonomy of the ESRB and the need for a strong and credible leadership.
Amendment 23 #
2017/0232(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To strengthen the visibility of the ESRB as a body that is separate from its individual members, the Chair of the ESRB should be able to delegate tasks related to the external representation of the ESRB to the head of the ESRB Secretariat or to the Vice-Chairs of the ESRB.
Amendment 30 #
2017/0232(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure the quality and relevance of the ESRB opinions, recommendations and decisions, the Advisory Technical Committee and Advisory Scientific Committee are expected to consult stakeholders and relevant experts, where appropriate, at an early stage and in an open and transparent manner.
Amendment 32 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Regulation (EU) No 1092/2010
Article 5 – paragraph 8
Article 5 – paragraph 8
(b) paragraph 8 is replaced by the following: “8. The Chair shall represent the ESRB externally. The Chair may delegate tasks related to the external representation of the ESRB to the head of the Secretariat or to the Vice-Chairs of the ESRB;”
Amendment 39 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Regulation (EU) No 1092/2010
Article 12 – paragraph 5
Article 12 – paragraph 5
(a) paragraph 5 is replaced by the following: “5. Where appropriate, the Advisory Scientific Committee shall organise consultations with stakeholders and relevant experts at an early stage and in an open and transparent manner, while taking into account the requirement of confidentiality.;”
Amendment 43 #
2017/0232(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) No 1092/2010
Article 13 – paragraph 4 a
Article 13 – paragraph 4 a
(b) the following paragraph 4a is inserted: “4a. Where appropriate, the Advisory Technical Committee shall organise consultations with stakeholders and relevant experts at an early stage and in an open and transparent manner, while taking into account the requirement of confidentiality.;”
Amendment 74 #
2017/0123(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far.
Amendment 99 #
2017/0123(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Further digitalisation of enforcement tools is a prerequisite for the proper functioning of the internal market, reducing unnecessary administrative burden and carrying out effective and efficient enforcement of the rules in the road sector;
Amendment 115 #
2017/0123(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The rules on national transport performed on a temporary basis by non- resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far.
Amendment 137 #
2017/0123(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) Further digitalisation of enforcement tools is a prerequisite for the proper functioning of the internal market, reducing unnecessary administrative burden and carrying out effective and efficient enforcement of the rules in the road sector;
Amendment 220 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 236 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b
Article 2 – paragraph 1 – point 5 – point b
Regulation (EC) No 1072/2009
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage.;international carriage and of each consecutive cabotage operation carried out with a consignment note. The consignment notes should be readily available on the vehicle. Each consignment note shall contain the number plates of the motor vehicle and trailer used. The consignment note may be presented electronically, using a revisable structured format which can be used directly for storage and processing by computers such as eCMR. No additional documents shall be required in order to prove that the conditions laid down in this Article have been met. Records shall be kept covering the previous 28 days. Records should be kept at the undertaking. During a roadside check the driver shall be allowed to contact the head office of the undertaking, the transport manager or any other person or entity which may provide the consignment notes of the previous 28 days.
Amendment 245 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point c
Article 2 – paragraph 1 – point 5 – point c
Regulation (EC) No 1072/2009
Article 8– paragraph 3
Article 8– paragraph 3
Amendment 249 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
Regulation (EC) No 1072/2009
Article 9– paragraph 1– point f (new)
Article 9– paragraph 1– point f (new)
Amendment 369 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Article 2 – paragraph 1 – point 5 – point a
Regulation (EC) No 1072/2009
Article 8 – point 2
Article 8 – point 2
2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, up to three cabotage operations following the hostinternational carriage from another Member State or infrom a third countiguous Member Statesry to the host Member State. The first loading in the course of a cabotage operation can start from 00:00 of the day following the last unloading of an incoming international carriage. The last unloading in the course of a cabotage operation before leaving the host Member State shall take place within 57 days from the last unloading in the host Member State in the course of the incoming international carriage.; Within the time limit referred to in the first subparagraph, hauliers may carry out some or all of the cabotage operations permitted under that subparagraph in any Member State under the condition that they are limited to one cabotage operation per Member State within 3 days of the unladen entry into the territory of that Member State. The cabotage period ends at 24:00 on the seventh day.
Amendment 405 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point b – introductory part
Article 2 – paragraph 1 – point 5 – point b – introductory part
Regulation (EC) No 1072/2009
Article 8 – paragraph 3
Article 8 – paragraph 3
(b) in paragraph 3, the first subparagraph is replaced by the following: paragraph 3 is replaced by the following: National road haulage services carried out in the host Member State by a non- resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage. National road haulage services carried out in the host Member State by a non- resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage and of each consecutive cabotage operation carried out with a consignment note. The consignment notes shall be readily available on the vehicle. Each consignment note shall contain the number plates of the motor vehicle and trailer used. The consignment note may be presented electronically, using a revisable structured format which can be used directly for storage and processing by computers such as eCMR. No additional documents shall be required in order to prove that the conditions laid down in this Article have been met. Records shall be kept covering the previous 28 days. Records shall be kept at the undertaking. During a roadside check the driver shall be allowed to contact the head office of the undertaking, the transport manager or any other person or entity which may provide the consignment notes of the previous 28 days.
Amendment 426 #
2017/0123(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
Regulation 1072/2009
Article 9– paragraph 1– point f (new)
Article 9– paragraph 1– point f (new)
Amendment 38 #
2017/0122(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. It is therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate faccommodation for their regular weekly rest periodilities if they are taken away from home.
Amendment 44 #
2017/0122(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Many road transport operations within the EU involve transport by ferry or by rail for part of the journey. Clear, appropriate provisions regarding rest periods and breaks should therefore be laid down for such operations.
Amendment 47 #
2017/0122(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to safeguard working conditions of the drivers at places of loading and unloading, owners and operators of such facilities should provide the driver with the access to hygienic facilities.
Amendment 89 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 561/2006
Article 4 – point r
Article 4 – point r
(r) 'non-commercial carriage' means any carriage of passengers or goods by road, other than carriage for hire or reward or for own account, for which no direct or indirect remuneration is received and which does not directly or indirectly generate any income.
Amendment 95 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 6 – paragraph 3
Article 6 – paragraph 3
(2a) in Article 6, paragraph 3 is replaced by the following: 3. The total accumulated driving time during any twofour consecutive weeks shall not exceed 9180 hours.;
Amendment 99 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 561/2006
Article 6 – paragraph 5 – first sentence
Article 6 – paragraph 5 – first sentence
Amendment 100 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 561/2006
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 101 #
2017/0122(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. It is therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate faccommodation for their regular weekly rest periodilities if they are taken away from home.
Amendment 102 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point -a (new)
Article 1 – paragraph 1 – point 5 – point -a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 5
Article 8 – paragraph 5
(-a) paragraph 5 is replaced by the following: 5. "By way of derogation from paragraph 2, within 30 hours of the end of a daa driver engaged in an occasional service of carriage of passengers, as defined in Regulation (EC) No 1073/2009 of the European Parliament and of the Councily or weekly rest period, a driver engaged in multi-manning must have taken a new daily rest period off 21 October 2009 on common rules for access to the international market for coach and bus services, may postpone, maximum two times per week, the daily rest with one hour, provided that the daily rest period taken after the use of the derogation is at least nine9 hours. ”;
Amendment 107 #
2017/0122(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Many road transport operations within the EU involve transport by ferry or by rail for part of the journey. Clear, appropriate provisions regarding rest periods and breaks should therefore be laid down for such operations;
Amendment 110 #
2017/0122(COD)
Proposal for a regulation
Recital 7 b (new)
Recital 7 b (new)
(7b) In order to safeguard working conditions of the drivers at places of loading and unloading, owners and operators of such facilities should provide the driver with the access to hygienic facilities;
Amendment 115 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
(ba) one regular weekly rest period of at least 45 hours and three reduced rests of at least 24 hours. If a reduced weekly rest period is taken, the driver must take the difference between the rest period taken and 45 hours, in a single block, by the end of the fourth week following the week in which the reduced rest period ends.
Amendment 122 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 6 b (new)
Article 8 – paragraph 6 b (new)
(aa) The following paragraph is inserted: “6b. Drivers engaged in occasional passenger services may derogate from the requirement to take a 24-hour rest in a given week provided they work for a maximum of twelve 24-hour periods, and this bloc of working periods is preceded by, and followed by, a regular weekly rest. If driving during the period from 22:00 to 06:00, the vehicle must be multi-manned or the driving period referred to in Article 7 reduced to three hours.”
Amendment 123 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 561/2006
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Any rest period taken as a compensation for a reduced weekly rest period shall immediately precede or follow a regular weeklybe attached to another rest period of at least 45nine hours.;
Amendment 134 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – point a
Article 8 – paragraph 8 a – point a
(a) either provided or paid for by the employer, ormay be taken in a vehicle, provided that the vehicle has suitable sleeping facilities for each driver and the vehicle is stationary within a suitable rest facility, which has as a minimum adequate sanitary facilities, such as shower and toilets,
Amendment 136 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – point b
Article 8 – paragraph 8 a – point b
(b) at home or at another private location chosen by the driver.;
Amendment 145 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at homethe country of establishment of the undertaking, within each period of threefour consecutive weeks.;
Amendment 153 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 c (new)
Article 8 – paragraph 8 c (new)
(ca) the following paragraph is inserted: “8c. Member States shall issue an annual report to the Commission on the availability of suitable rest facilities for drivers and secured parking facilities on their national territory, from the date of entry into force of this Regulation. The Commission shall, by means of implementing acts, establish a common standard for Member States reporting.”
Amendment 154 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c b (new)
Article 1 – paragraph 1 – point 5 – point c b (new)
(cb) The following paragraph is added: “9a. By way of derogation from paragraphs 6, 7and 8b, a driver engaged in occasional passenger services shall take an average of 45 hours weekly rest per week, calculated over a reference period of up to 13 weeks. A weekly rest period of at least 24 hours shall be taken each week. When making use of the derogation, within the13-week reference period, driver’s total driving time per any 4-week period must not exceed 160 hours”;
Amendment 155 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 561/2006
Article 9 – paragraph 1
Article 9 – paragraph 1
9. By way of derogation from Article 8, where a driver accompanies a vehicle which is transported by ferry or train, and takes a regular daily rest period or reduced weekly rest period, that period may be interrupted not more than twice by other activities not exceeding one hour in total. During that regular daily rest or reduced weekly rest period the driver shall have access to a bunk or couchette at their disposal.;
Amendment 161 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 561/2006
Article 12 – paragraph 2
Article 12 – paragraph 2
Provided that road safety is not thereby jeopardised, the driver may depart from Article 8(2) and the second subparagraph of Article 8(6) to be able to reach a suitable accommodation as referred to in Article 8(8a) to take a daily or weekly rest there. Such a departure shall not result in exceeding daily or weekly driving times or shortening daily or weekly rest periods. However, the daily driving time can be extended by two hours when the driving period is immediately followed by a rest period of not less than 45 consecutive hours. Such extensions to daily driving time should be within the limit of the maximum accumulated driving times. The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the suitable accommodation.
Amendment 178 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) No 165/2014
Article 34 – paragraph 7
Article 34 – paragraph 7
7. The driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished as well as where and when the driver has crossed a border in the vehicle on arrival at the suitable stopping place. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998.” As from the date of entry into force of Articles 8, 9 and 10 requiring that tachographs installed for the first time on or after 15 June 2019 must be smart tachographs, providing also the possibility for an automatic registration of border crossings, drivers shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished, as well as where and when the driver has crossed a border in the vehicle, upon arrival at the first planned stopping place.”;
Amendment 188 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 561/2006
Article 4 – paragraph 1 – point r
Article 4 – paragraph 1 – point r
(r) 'non-commercial carriage' means any carriage of passengers or goods by road, other than carriage for hire or reward or for own account, for which no direct or indirect remuneration is received and which does not directly or indirectly generate any income.
Amendment 209 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation 561/2006
Article 6 – paragraph 3
Article 6 – paragraph 3
"3. The total accumulated driving time during any twofour consecutive weeks shall not exceed 9180 hours. (http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32006R0561)" Or. en
Amendment 216 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation 561/2006
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 228 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 561/2006
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 285 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 6 a (new)
Article 8 – paragraph 6 a (new)
Amendment 287 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Amendment 306 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Regulation (EC) No 561/2006
Article 8 – paragraph 7
Article 8 – paragraph 7
7. Any rest period taken as a compensation for a reduced weekly rest period shall immediately precede or follow a regular weeklybe attached to another rest period of at least 45nine hours.;
Amendment 332 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a
Article 8 – paragraph 8 a
8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle. They shall be taken in a suitable accommodation, with adequate sleeping and sanitary facilities;
Amendment 336 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c Regulation (EC) No 561/2006
Article 1 – paragraph 1 – point 5 – point c Regulation (EC) No 561/2006
(a) either provided or paid for by the employer, ormay be taken in a vehicle, provided that the vehicle has suitable sleeping facilities for each driver and the vehicle is stationary within a suitable rest facility, which has as a minimum adequate sanitary facilities, such as shower and toilets,
Amendment 342 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a – point b
Article 8 – paragraph 8 a – point b
(b) at home or at another private location chosen by the driver.
Amendment 359 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8b
Article 8 – paragraph 8b
8b. A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at homethe country of establishment of the undertaking, within each period of threefour consecutive weeks.;
Amendment 381 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
Article 1 – paragraph 1 – point 5 – point c a (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
Amendment 385 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c b (new)
Article 1 – paragraph 1 – point 5 – point c b (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 9 b (new)
Article 8 – paragraph 9 b (new)
Amendment 388 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c c (new)
Article 1 – paragraph 1 – point 5 – point c c (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 9 a (new)
Article 8 – paragraph 9 a (new)
(c c) In Article 8, new paragraph 9 a is added: 9a. Member States shall issue an annual report to the European Commission on the availability of suitable rest facilities for drivers and secured parking facilities on their national territory, from the date of entry into force of this Regulation. The European Commission shall, by means of implementing acts, establish a common standard for Member States reporting.
Amendment 393 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 561/2006
Article 9 – paragraph 1
Article 9 – paragraph 1
9. By way of derogation from Article 8, where a driver accompanies a vehicle which is transported by ferry or train, and takes a regular daily rest period or reduced weekly rest period, that period may be interrupted not more than twice by other activities not exceeding one hour in total. During that regular daily rest or reduced weekly rest period the driver shall have access to a bunk or couchette at their disposal.;
Amendment 409 #
2017/0122(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EC) No 561/2006
Article 12 – paragraph 2
Article 12 – paragraph 2
Provided that road safety is not thereby jeopardised, the driver may depart from Article 8(2) and the second subparagraph of Article 8(6) to be able to reach a suitable accommodation as referred to in Article 8(8a) to take a daily or weekly rest there. Such a departure shall not result in exceeding daily or weekly driving times or shortening daily or weekly rest periods. However, the daily driving time can be extended by two hours when the driving period is immediately followed by a rest period of not less than 45 consecutive hours. Such extensions to daily driving time should be within the limit of the maximum accumulated driving times. The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the suitable accommodation.
Amendment 474 #
2017/0122(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
7. The driver shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished as well as where and when the driver has crossed a border in the vehicle on arrival at the suitable stopping place. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998.” As from the date of entry into force of the provisions of Articles 8, 9 and 10 of Regulation (EU) No 165/2014, requiring that tachographs installed for the first time on or after 15 June 2019 must be smart tachographs, providing also the possibility for an automatic registration of border crossings, drivers shall enter in the digital tachograph the symbols of the countries in which the daily working period started and finished, as well as where and when the driver has crossed a border in the vehicle, upon arrival at the first planned stopping place.
Amendment 37 #
2017/0085(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Work-life balance remains however a considerable challenge for many parents and workeremployees 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 employmentelderly dependents or immediate relatives with incapacitating chronic diseases, women are often obliged to work less hours in paid employment and spend more time fulfilling unpaid care responsibilities, leading some women to drop out of the labour market entirely.
Amendment 57 #
2017/0085(COD)
Proposal for a directive
Recital 13
Recital 13
(13) In order to encourage a more equal sharing of caring responsibilities between women and men, the right to paternity leave for fathers to be taken on the occasion of the birth or adoption of a child should be introduced. In order to takeTaking account of differences among Member States, the right to paternity leave should be irrespectivenot depend ofn marital or family status as defined in national law.
Amendment 58 #
2017/0085(COD)
Proposal for a directive
Recital 14
Recital 14
(14) As the majority of fathers do not avail themselves of their right to parental leave or transfer a considerable proportion of their leave entitlement to mothers, in order to foster a close early relationship with the child and encourage the second parent to take parental leave, this Directive, while maintaining the right of each parent to at least four months of parental leave currently provided for by Directive 2010/18/EU, extends from one to four months the period of parental leave which cannot be transferred from one parent to the other.
Amendment 63 #
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 twelvehirteen years old. Member States should be able to specify the period of notice to be given by the workeremployee 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. 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 workeremployees 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, but in these cases, the employer should provide written 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, workeremployees 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 67 #
2017/0085(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to facilitate the return to work following parental leave, workeremployees and employers should be encouraged to maintain contact during the period of leave and may, so as to make arrangements for any appropriate reintegration measures, to be decided between the parties concerned, taking into account national law, collective agreements and practice.
Amendment 69 #
2017/0085(COD)
Proposal for a directive
Recital 19
Recital 19
(19) To increase the incentives for workeremployees with children and caring responsibiliti, elderly dependents or immediate relatives with incapacitating chronic diseases, 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 level of the allowance should be at least equivalent to what the workeremployee concerned would receive in case of sick leave. Member States should take into account the importance of the continuity of the entitlements to social security, including healthcare.
Amendment 73 #
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 workemployers should be ablegive them the possibility 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 workeremployees 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 workeremployees 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 other family responsibilities, long periods of reduced working hours may lead to lower social security contributions translating into reduced or non-existing pension entitlements. The ultimate decision as to whether or not to accept a workern employee’s request for flexible working arrangements should lie with the employer,. Specific circumstances underlying the need for flexible working arrangements can change. WorkerEmployees 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 78 #
2017/0085(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Member States should provide for effective, proportionate and dissuasive penalties in the event of breaches of 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. The effective implementation of the principle of equal treatment requires adequate judicial protection of workeremployees against adverse treatment or adverse consequences resulting from a complaint or proceeding relating to the rights under this Directive. VictimEmployees may be deterred from exercising their rights on account of the risk of retaliation and therefore should be protected from any adverse treatment where they exercise their rights provided for by this Directive. Such protection is particularly relevant as regards workers' representatives in the exercise of their function.
Amendment 90 #
2017/0085(COD)
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) "single parent or carer" means a person who is neither married nor in a partnership as recognised by national law, and who has sole parental or family responsibility for a child, elderly dependents or immediate relatives with incapacitating chronic diseases.
Amendment 96 #
2017/0085(COD)
Proposal for a directive
Article 4.º – paragraph 1
Article 4.º – paragraph 1
1. Member States shall take the necessary measures to ensure that fathers have the right to take paternity leave of at least twelven working days on the occasion of the birth or adoption of a child.
Amendment 98 #
2017/0085(COD)
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. The right to paternity leave referred to in paragraph 1 shall be granted irrespective of their length of service and the nature of their contract.
Amendment 100 #
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 workeremployees have an individual right to parental leave of at least foursix months for each child to be taken before the child reaches a given age which shall be at least twelve. hirteen.
Amendment 106 #
2017/0085(COD)
Proposal for a directive
Article 5.º – paragraph 1 a (new)
Article 5.º – paragraph 1 a (new)
1a. The length of parental leave shall be doubled for parents looking after a child with a disability or serious illness.
Amendment 107 #
2017/0085(COD)
Proposal for a directive
Article 5.º – paragraph 1 b (new)
Article 5.º – paragraph 1 b (new)
1b. The length of parental leave shall be doubled for single parents.
Amendment 111 #
2017/0085(COD)
Proposal for a directive
Article 5.º – paragraph 2
Article 5.º – 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 fourthree months of parental leave cannot be transferred.
Amendment 114 #
2017/0085(COD)
Proposal for a directive
Article 5.º – paragraph 4
Article 5.º – paragraph 4
4. Member States may make the right to parental leave subject to a period of work qualification or a length of service qualification which shall not exceed onine yearmonths. In the case of successive fixed- term contracts, within the meaning of Council Directive 1999/70/EC21, with the same employer, the sum of those contracts shall be taken into account for the purpose of calculating the qualifying period. _________________ 21 Council Directive of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p.43).
Amendment 128 #
2017/0085(COD)
Proposal for a directive
Article 7.º – paragraph 1
Article 7.º – paragraph 1
Member States shall take the necessary measures to ensure that workeremployees have the right to time off from work on grounds of force majeure for urgent family reasons in cases of illness or accident making the immediate presence of the workeremployee indispensable. Member States may limitmake theis right to time off from work on grounds of force majeure to a certain amount of time per year or per case, or bothconditional on the submission of evidence to substantiate the alleged facts.
Amendment 131 #
2017/0085(COD)
Proposal for a directive
Article 8.º – paragraph 1
Article 8.º – 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 workeremployees exercising the rights to leave referred to in Article 4, 5 or 6 will receive a payment or an adequate allowance at least equivalent to what the workeremployee concerned would receive in case of sick leave.
Amendment 136 #
2017/0085(COD)
Proposal for a directive
Article 9.º – paragraph 1
Article 9.º – paragraph 1
1. Member States shall take the necessary measures to ensure that workeremployees with children up to a given age, which shall be at least twelvethirteen, 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 141 #
2017/0085(COD)
Proposal for a directive
Article 9.º – paragraph 2
Article 9.º – paragraph 2
2. Employers shall consider and respond in writing to requests for flexible working arrangements referred to in paragraph 1, taking into account the needs of both employers and workeremployees. Employers shall also justify any refusal of such a request in writing.
Amendment 145 #
2017/0085(COD)
Proposal for a directive
Article 9.º – paragraph 3
Article 9.º – paragraph 3
3. When flexible working arrangements referred to in paragraph 1 are limited in duration, the workeremployee shall have the right to return to the original working pattern at the end of the agreed period. The workeremployee shall also have the right to request to return to the original working pattern whenever a change of circumstances so justifies. Employers shall be obliged to consider and respond in writing to such requests, taking into account the needs of both employers and workeremployees.
Amendment 152 #
2017/0085(COD)
Proposal for a directive
Article 13.º – paragraph 1
Article 13.º – paragraph 1
Member States shall lay down rules on penalties applicable to breaches of 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 compensationeffective, dissuasive and proportionate penalties are applied.
Amendment 156 #
2017/0085(COD)
Proposal for a directive
Article 14.º – paragraph 1
Article 14.º – paragraph 1
Member States shall introduce measures necessary to protect workers, including workers who are employees' representatives,employees from any adverse treatment by the employer or adverse consequences resulting from a complaint lodged within the undertaking or any legal proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive.
Amendment 58 #
2017/0043(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The common fisheries policy (CFP) should contribute to the protection of the marine environment, to the sustainable management of all commercially exploited species, and in particular to the achievement of good environmental status in the marine environment by 2020 in accordance with Article 1(1) of Directive 2008/56/EC of the European Parliament and of the Council.40, and favourable conservation status for species and habitats in accordance with Council Directive 92/43/EEC40a and Directive 2009/147/EC of the European Parliament and of the Council40b. _________________ 40 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19). 40aCouncil Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 40bDirective 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
Amendment 60 #
2017/0043(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
Amendment 67 #
2017/0043(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) To achieve the objectives of the CFP, a number of conservation measures are to be adopted as appropriate in any combination thereof, such as multi-annual plans, technical measures, fixing and allocation of fishing opportunities in full accordance with the best available scientific advice.
Amendment 74 #
2017/0043(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Pursuant to Articles 9 and 10 of Regulation (EU) No 1380/2013, multiannual plans are to be based on scientific, technical and economic advice and contain objectives, quantifiable targets with clear timeframes, conservation reference points, conservation and technical measures for the maximum possible avoidance of and reduction of unwanted catches, and safeguards.
Amendment 76 #
2017/0043(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Additionally, the Commission may be empowered to establish fish stock recovery areas in a multi-annual plan pursuant to Article 8(3) of Regulation (EU) No 1380/2013
Amendment 78 #
2017/0043(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The objective of the multiannual plan should be to contribute to achievinge the objectives of the CFP, and especially reachstoring and maintaining MSY for the stocks concernedabove levels of biomass capable of producing MSY for all populations of fish stocks, implementing the landing obligation, achieving a sustainable fisheries sector and providing an effective management framework.
Amendment 81 #
2017/0043(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In accordance with Article 2(2) of Regulation (EU) No 1380/2013, the maximum sustainable yield exploitation rate is to be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks.
Amendment 85 #
2017/0043(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Article 16(4) of Regulation (EU) No 1380/2013 requires that fishing opportunities be fixed in accordance with the objectives set out in Article 2(2) thereof and comply with the targets, time frames and margins the targets set out in the multiannual plans.
Amendment 88 #
2017/0043(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) It is appropriate to establish the target fishing mortality (F) that corresponds to the objective of reaching and maintaining MSY as ranges of values which are consistent with achieving maximum sustainable yield (FMSY). Those ranges, based on scientific advice, are necessary in order to provide flexibility to take account of developments in the best available scientific advice, to contribute to the implementation of the landing obligation and to take into account the characteristics of mixed fisheries. The FMSY ranges have been calculated by the Scientific, Technical and Economic Committee for Fisheries (STECF) and are derived to deliver no more than a 5 % reduction in long-term yield compared to MSY.45 In addition, the upper limit of the range is capped, so that the probability of the stock falling below Blim is no more than 5 %. _________________ 45 Scientific, Technical and Economic Committee for Fisheries (STECF) – Small pelagic stocks in the Adriatic Sea. Mediterranean assessments part 1 (STECF- 15-14). 2015. [Publications Office of the European Union, Luxembourg, EUR 27492 EN, JRC 97707, 52 pp.] [The second part of this reference seems to be mistaken. OPOCE, please check.]
Amendment 92 #
2017/0043(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Where the targets relating to MSY are not available, the precautionary approach should apply in order to guarantee a degree of conservation at least comparable to exploitation rates with the maximum sustainable yield, as set out in Article 9(2) of Regulation (EU) No 1380/2013.
Amendment 93 #
2017/0043(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) For stocks for which they are available and for the purpose of the application of safeguard measures, it is necessary to establish conservation reference points expressed as MSY Btrigger and Blim for anchovy and sardine stocks following best available scientific advice. Should the stocks fall below MSY Btrigger, fishing mortality should be reduced below FMSY Flower.
Amendment 95 #
2017/0043(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Further safeguard measures should urgently be implemented in case the stock size falls below the Blim reference point. Safeguard measures should include the reduction of fishing opportunities and specific conservation measures when best available scientific advice indicates that a stock is under threat. Those measures should be supplemented by other measures, as appropriate, such as Commission measures in accordance with Article 12 of Regulation (EU) No 1380/2013 or Member States measures in accordance with Article 13 of Regulation (EU) No 1380/2013.
Amendment 97 #
2017/0043(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) For stocks where the reference points are not available, the precautionary principle should apply. In the specific case of stocks taken as by-catches, in the absence of scientific advice in order to ensure, for all stocks, at least a comparable degree of conservation onf the relevels of minimum spawning biomass of such stocks, specific conservation measures should be adopted when scientific advant stocks, as set out in Article indicates that remedial measures are needed9(2) of Regulation (EU) No 1380/2013.
Amendment 99 #
2017/0043(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to enablsure the implementation of and full compliance with the landing obligation established by Article 15(1) of Regulation (EU) No 1380/2013, the plan should provide for additional management measures and other conservation measures, in particular measures to gradually eliminate discards or to minimise the negative impact of fishing on the ecosystem, taking into account the best available scientific advice. Such measures should be laid down by means of delegated acts.
Amendment 101 #
2017/0043(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) When scientific advice indicates that recreational fisheries have a significant impact on the fishing mortality of a particular stock, the Council should take them into account. To that effect the Council should be able to set a TAC for commercial catches which takes into account the volume of recreational catches and/or to adopt other measures restricting recreational fisheries such as bag limits and closure periods.
Amendment 114 #
2017/0043(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In accordance with Article 10(3) of Regulation (EU) No 1380/2013, provisions should be established for the periodical assessment by the Commission of the adequacy and effectiveness of the application of this Regulation. Such assessment should follow and be based on a periodic evaluation of the plan that is based on scientific advice. The plan should be evaluated three years after the entry into force of this Regulation and every five years thereafter. This period allows for the full implementation of the landing obligation, and for regionalised measures to be adopted, implemented and to show effects on the stocks and fishery. It is also a minimum required period by scientific bodies.
Amendment 116 #
2017/0043(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to the stocks of anchovy (Engraulis encrasicolus) and sardine (Sardina pilchardus) in the Adriatic Sea (“the stocks concerned”) and for the fisheries exploiting these stocks. It shall apply also to all by-catches of mackerel (Scomber spp.) and horse mackerel (Trachurus spp.) in the Adriatic Sea caught when fishing for either or both of the stocks concerned.
Amendment 119 #
2017/0043(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(aa) ‘Best available scientific advice’ refers to publicly available scientific advice that is supported by the most up-to- date scientific data and methods and has either been issued or reviewed by an independent scientific body that is recognised by the Union.
Amendment 123 #
2017/0043(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a b (new)
Article 2 – paragraph 2 – point a b (new)
(ab) ‘B-lim’ means the stock size reference point below which there may be reduced reproductive capacity;
Amendment 128 #
2017/0043(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d a (new)
Article 2 – paragraph 2 – point d a (new)
(da) ‘MSY F lower’ means the lowest value within the range of FMSY
Amendment 130 #
2017/0043(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d b (new)
Article 2 – paragraph 2 – point d b (new)
(db) ‘MSY F upper’ means the highest value within the range of FMSY;
Amendment 133 #
2017/0043(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point d c (new)
Article 2 – paragraph 2 – point d c (new)
(dc) ‘FMSY’ means the value of the estimated fishing mortality that with a given fishing pattern and current environmental conditions gives the long- term maximum yield;
Amendment 140 #
2017/0043(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The multiannual plan shall contribute to the achievement of the objectives of the common fisheries policy listed in Article 2 of Regulation (EU) No 1380/2013, in particular by applying the precautionary approach to fisheries management, and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce MSY. The maximum sustainable yield exploitation rate shall be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks, and shall be maintained thereafter.
Amendment 147 #
2017/0043(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The multiannual plan shall implement the ecosystem-based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem, particularly threatened habitats and protected species including marine mammals and seabirds are minimised. It shall be coherent with Union environmental legislation, in particular with the objective of achieving good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC.
Amendment 149 #
2017/0043(COD)
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. Measures in the plan shall be taken in line with the best available scientific advice in accordance with Article 2(2)(aa) of this Regulation. At the latest, they shall be made publicly available by the time at which these measures are proposed by the Commission in accordance with Article 16 of Regulation (EU) No 1380/2013.
Amendment 151 #
2017/0043(COD)
Proposal for a regulation
Article 3 – paragraph 5 b (new)
Article 3 – paragraph 5 b (new)
5b. Where there is insufficient data, the targets shall guarantee that the relevant stocks will be preserved at a level which is at least comparable with the targets for the maximum sustainable yield.
Amendment 155 #
2017/0043(COD)
1. The target fishing mortality shall be achieved as soon as possible and on a progressive, incremental basis, by 2020 for the stocks concerned, and it shall be maintained thereafter within the ranges set out in Annex I andof FMSY in line with the objectives laid down in Article 3(1).
Amendment 158 #
2017/0043(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Fishing opportunities shall comply with the target fishing mortality ranges set out in Annex I, column A to this Regulationfrom MSY Flower to FMSY.
Amendment 161 #
2017/0043(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Notwithstanding paragraphs 1 and 2, fishing opportunities may be fixed at levels corresponding to lower levels of fishing mortality than those set out in Annex I, column Aparagraph 2.
Amendment 164 #
2017/0043(COD)
Proposal for a regulation
Article 4 – paragraph 4 – introductory part
Article 4 – paragraph 4 – introductory part
4. Notwithstanding paragraphs 2 and 3, fishing opportunities for a stock may be fixed in accordance with the fishing mortality ranges set out in Annex I, column Bup to MSY Fupper, provided that the stock concerned is above the minimum spawning biomass reference point set out in Annex II, column AMSY Btrigger:
Amendment 165 #
2017/0043(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) if, on the basis of best available scientific advice or evidence, it is necessary for the achievement of the objectives laid down in Article 3 in the case of mixed fisheries,
Amendment 166 #
2017/0043(COD)
Proposal for a regulation
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) if, on the basis of best available scientific advice or evidence, it is necessary to avoid serious harm to a stock caused by intra- or inter- species stock dynamics, or
Amendment 167 #
2017/0043(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. When scientific advice indicates that recreational fisheries have a significant impact on the fishing mortality of a particular stock, the Council shall take them into account and may limit recreational fisheries when setting fishing opportunities in order to avoid exceeding the total target of fishing mortality.
Amendment 177 #
2017/0043(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The conservation reference points expressed as minimum and limit spawning stock biomass levels to be applied in order to safeguard the full reproductive capacity of the stocks concerned are set out in Annex IIdefined as MSY Btrigger and Blim.
Amendment 183 #
2017/0043(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. When scientific advice indicates that the spawning stock biomass of either of the stocks concerned is below the minimum spawning stock biomass reference point set out in Annex II, column A to this RegulationMSY Btrigger, all appropriate remedial measures shall be adopted to ensure the rapid return of the stock concerned to levels above those capable of producing MSY. In particular, by way of derogation from Article 4(2) and 4(4) of this Regulation, fishing opportunities for the stocks concerned shall be fixed at a level consistent with a fishing mortality that is reduced below the range set out in Annex I, column A to this RegulationMSY Flower, taking into account the decrease in biomass of that stock.
Amendment 186 #
2017/0043(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. When the best available scientific advice indicates that the spawning stock biomass of either of the stocks concerned is below the limit spawning stock biomass reference point (Blim) as set out in Annex II, column B to this Regulation, further remedial measures shall be taken to ensure the rapid return of the stock concerned to levels above the level capable of producing MSY. In particular, those remedial measures may include, by way of derogation from Article 4, paragraphs 2 and 4, suspending the targeted fishery for the stock concerned and the adequate reduction of fishing opportunities.
Amendment 193 #
2017/0043(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
When the best available scientific advice indicates that remedial action is required for the conservation of the small pelagic stocks referred to in Article 1(2) of this Regulation, or, in the case of anchovy and sardine, when the spawning biomass of either of these stocks for a given year is below the MSY Btrigger conservation reference points set out in Annex II, column A to this Regulation, the Commission is empowered to adopt delegated acts in accordance with Article 16 of this Regulation and Article 18 of Regulation (EU) No1380/2013 regarding:
Amendment 208 #
2017/0043(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) exemptions from the application of the landing obligation for species for which beast available scientific evidenadvice demonstrates high survival rates, taking into account the characteristics of the gear, the fishing practices and the ecosystem, to facilitate the implementation of the landing obligation; and
Amendment 209 #
2017/0043(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) specific provisions on documentation of catches, in particular for the purpose of monitoring the implementation ofand controlling in order to ensure a level playing field by ensuring full compliance with the landing obligation; and
Amendment 211 #
2017/0043(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a Technical measures 1. The Commission is empowered to adopt delegated acts in accordance with Article 15 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 regarding the following technical measures: (a) specifications of characteristics of fishing gears and rules governing their use, to ensure selectivity, to reduce unwanted catches or to minimise, and when possible eliminate, the negative impact on the marine environment; (b) specifications of modifications or additional devices to the fishing gears, to ensure or improve selectivity, to reduce unwanted catches or to minimise, and when possible eliminate, the negative impact on the marine environment; (c) limitations or prohibitions on the use of certain fishing gears and on fishing activities, in certain areas or periods to protect spawning fish, fish below the minimum conservation reference size or non-target fish species, or to minimise, and when possible eliminate, the negative impact on the ecosystem; and (d) the fixing of minimum conservation reference sizes for any of the stocks to which this Regulation applies, to ensure the protection of juveniles of marine organisms. 2. The measures referred to in paragraph 1 of this Article shall contribute to the achievement of the objectives set out in Article 3.
Amendment 227 #
2017/0043(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 236 #
2017/0043(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 238 #
2017/0043(COD)
Proposal for a regulation
Annex II
Annex II
Amendment 31 #
2017/0004(COD)
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) SMEs and microenterprises, representing the large majority of enterprises in the Union, have limited financial, technical and human resources, these raising concerns on its capacity to comply with stricter legislation; while maintaining equal protection levels for workers of SMEs and microenterprises, compliance for these companies should become simpler and less costly by specific support measures, these including financial incentives and digital tools; in these regard, social partners should exchange best practices.
Amendment 34 #
2017/0004(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) When setting a Binding Occupational Exposure Limits (BOELs), it should be based on robust assessment of the latest scientific information, as well as the availability of measurement techniques and economic feasibility after a rigorous process of consultation with the Advisory Committee on Safety and Health (ACSH). BOELs need to be evidence-based, proportionate and measurable.
Amendment 36 #
2017/0004(COD)
Proposal for a directive
Recital 3
Recital 3
Amendment 41 #
2017/0004(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Amendments to Annex III to Directive 2004/37/EC, regarding the establishing of limit values and skin notations to seven additional carcinogens, are a new step in a longer process to update that Directive. That Directive should be reviewed on an ongoing basis and revised when necessary in the light of scientific and technical data, including if possible data on residual risk, after consulting the SCOEL and the ACSH for the purpose of keeping better protecting workers. Limit values should be established for all carcinogens and mutagens for which the available information makes this possible, considering its technical and economic feasibility, and taking into account evidence based best practices, techniques and protocols for exposure level measurement in the workplace.
Amendment 50 #
2017/0004(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) There is sufficient evidence of the carcinogenicity of diesel engine exhaust emissions arising from the combustion of diesel fuel in compression ignition engines. Diesel engine exhaust emissions are process-generated and therefore not subject to classification in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council. The ACSH has agreed on an entry of exposure to traditional diesel engine exhaust emissions in Annex I to Directive 2004/37/EC and has requested further investigations on the scientific and technical aspects for newer types of engines. Diesel engine exhaust has been classified by the International Agency for Research on Cancer (IARC) as carcinogenic to humans (IARC category 1) and IARC specifies that while the amount of particulates and chemicals are reduced with newer types of diesel engines, it is not yet clear how the quantitative and qualitative changes may translate into altered health effect. IARC also specifies that it is common to use elemental carbon, which makes up significant fraction of these emissions, as a marker of exposure. The Commission should urgently complete the investigations requested by ACSH on the scientific and technical aspects for newer types of engines, in order to include the soonest possible, and after consulting social partners, the work involving exposure to diesel engine exhaust emissions in Annex I to Directive 2004/37/EC and to establish a limit value in Part A of Annex III to that Directive for diesel engine exhaust emissions calculated on elemental carbon.
Amendment 79 #
2017/0004(COD)
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) The precautionary principle based on sound scientific assessment should be applied in the protection of workers’ health and safety.
Amendment 86 #
2017/0004(COD)
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2004/37/EC
Article 18 a – paragraph 2 a (new)
Article 18 a – paragraph 2 a (new)
(-1) In Article 18a, the following paragraph is added: “The Commission shall, as part of the next evaluation of the implementation of this Directive in the context of the evaluation referred to in Article 17a of Directive 89/391/EEC, also assess the possibility to set a limit value for benzo[a]pyrene in order to better protect workers from polycyclic aromatic hydrocarbons mixtures. The Commission shall propose, where appropriate, necessary amendments and modifications related to that substance. The Commission shall, taking into account latest developments in scientific knowledge, complete the assessment of diesel exhaust emissions, including the investigations requested by ACSH on the scientific and technical aspects for newer types of engines. On that basis, the Commission shall present, after consulting management and labour, a legislative proposal for inclusion of the work involving exposure to diesel engine exhaust emissions in Annex I to this Directive and to establish a limit value in Part A of Annex III to this Directive for diesel engine exhaust emissions.”
Amendment 6 #
2016/2307(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 16 #
2016/2307(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission, in this perspective, to use the flexibility clause of the Stability and Growth Pact to allow Member States to enhance investment in cultural and youth policies, in education and training and in research, in particular by excluding such investments from the calculation of national budget expenditure and innovation;
Amendment 21 #
2016/2307(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to promote the right to high-quality education, investing in outreach to the most vulnerable learners, andinclusive education and training and to provide support to the most vulnerable and disadvantaged individuals; calls furthermore to use the new skills agenda to strengthen human capacity, support an inclusive labour market and tackle social inequalities, therefore focusing on social, interculturalentrepreneurial, intercultural, transdisciplinary, creative and transferable skills and ICT and Media Literacy;
Amendment 29 #
2016/2307(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls the need to invest in children and youthWelcomes the allocation of additional €500 million on top of the draft budget for the Youth Employment Initiative (YEI) and €200 million to boost key initiatives for growth and jobs creation; recalls on Member States the need to make a better use of the available funds and initiatives related to education and training, culture, sport and youth and to enhance their investment in these sectors where necessary, especially with regard to thematic areas with direct relevance to the Europe 2020 strategy, such as early school leaving (ESL), higher education, youth employment, vocational education and training (VET), lifelong learning and mobility;
Amendment 34 #
2016/2307(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Acknowledges the value of new technologies and the importance of digital literacy for individuals´ personal life and successful labour market integration, therefore suggests to Member States to enhance their investment in better ICT infrastructure and connectivity in the educational institutions and to develop effective strategies to harness the potential of ICTs in supporting adults' informal learning and improve their formal and non-formal education opportunities;
Amendment 36 #
2016/2307(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses that urgent actions are needed in order to overcome the existing disparity between the supply and the demand of skills; encourages Member States to improve the interaction between educational institutions, including vocational education and training, research sector, businesses and relevant social partners in order to modernize education and training systems, address the existing skills mismatch, provide and promote flexible learning pathways and ensure better recognition of the acquired skills and qualifications;
Amendment 42 #
2016/2307(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the assessment of the need and feasibility of creation ofng a child guarantee and for a proper and swift implementation of the Youth Guarantee, including through a proper funding allobetter monitoring and communication;
Amendment 44 #
2016/2307(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Encourages Member States to strengthen their efforts to implement the country-specific recommendations on education and youth and to foster the exchange of best practices;
Amendment 2 #
2016/2276(INI)
Draft opinion
Recital A
Recital A
A. whereas online platforms (hereinafter ‘platforms’) cover a wide range of actors involved in numerous economic activities, such as e-commerce, media, search engines, collaborative economy, distribution of cultural content or social networks, and are therefore not subject to any clear and precise definition, the formulation of which would be the first step of a sectoral regulation process;
Amendment 5 #
2016/2276(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the intermediaries of yesterday have become today’s providers of content and play an essential role in terms of access to content including cultural and audiovisual content;
Amendment 15 #
2016/2276(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas in order to put an end to the copyright related ambiguity between active user-uploaded content platforms and those having an activity of mere intermediaries, it is necessary to clarify that the limited liability provided by Article 14 of the E-Commerce Directive is only applicable to platforms having a passive intermediary role, that is to say without intervening in the organisation, optimisation or promotion of the content;
Amendment 31 #
2016/2276(INI)
Draft opinion
Recital G a (new)
Recital G a (new)
Ga. whereas platforms can have double roles as intermediaries but also competitors which can potentially lead to abuse;
Amendment 32 #
2016/2276(INI)
Draft opinion
Recital G b (new)
Recital G b (new)
Gb. whereas a duty of care should be imposed under certain conditions to online service providers to detect and prevent illegal activities on platforms by any technically reliable means;
Amendment 33 #
2016/2276(INI)
Draft opinion
Recital G c (new)
Recital G c (new)
Gc. whereas online counterfeiting is becoming increasingly sought after by criminal organizations as it is more profitable and has a smaller risk of incurring criminal penalties than racketeering or drug trafficking;
Amendment 36 #
2016/2276(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the urgent need for clarification of the status of platforms that play an active role in public communication and the reproduction of protected works;
Amendment 46 #
2016/2276(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a regulatory framework that would guarantee loyalty and transparency towards business partners in relation to, inter alia, access to the service, appropriate and fair referencing, search results and the functioning of relevant application programming interfaces;
Amendment 51 #
2016/2276(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on platforms to take appropriate measures to ensure the proper functioning of contractual agreements concluded with right holders for the use of copyright protected works, such as the installation of effective content recognition technologies, where appropriate;
Amendment 70 #
2016/2276(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Emphasises the need to restore a balance in the sharing of value for intellectual property, in particular on platforms distributing protected audiovisual content;
Amendment 78 #
2016/2276(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that counterfeiting affects all sectors of the legal economy and that companies, the first targets of counterfeiters, are not the only ones affected by this scourge. Counterfeiting is a real issue for the health and safety of consumers who must be sensitized and made aware of the reality of trafficking in fake products;
Amendment 79 #
2016/2276(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission to further promote the launched platform for settling disputes involving purchases made online amongst consumers, to improve its user-friendliness and to monitor whether traders comply with their obligation to put a link to the platform on their website, in order to further address the increasing number of complaints against several online platforms;
Amendment 80 #
2016/2276(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls on the Commission to consider establishing a harmonised approach to the right of rectification, the right to counterstatement and rights to forbearance for users of platforms;
Amendment 81 #
2016/2276(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Calls on the Commission to create a level playing field in view of claims for damages against platforms due to the circulation of disparaging facts, which create a persistent harm to the user;
Amendment 13 #
2016/2271(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission to place digital skills at the heart of its upcoming revision of the Key Competences Framework; encourages the Member States to further develop primary, secondary and tertiary education curricula, as well as vocational training programmes, to meet the needs of an increasingly digital labour market; emphasises the need for proper teacher training, which helps update teaching methodology and increases innovative digital and distance learning opportunities, leading to better capabilities for students to match new digital skills requirements in the labour market;
Amendment 23 #
2016/2271(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that basic digital skills – taught as part of primary and secondary education curricula – should encompass safeknowledge of the possibilities that digital skills offer, and also safe and respectful internet behaviour, and awareness- raising about rights online;
Amendment 26 #
2016/2271(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the importance of digital platforms in seeking skilled workers from a distance and creating opportunities of long distance working, and highly requests incorporating a digital skills agenda into lifelong learning programmes for older people, who represent 18.9 % and rising of the population of the European Union, and who will then gain significant work potential in addition to their long work experience;
Amendment 16 #
2016/2269(INI)
Motion for a resolution
Recital –A (new)
Recital –A (new)
-A. Whereas equality and fairness are part of the European values and a cornerstone for the European Social model, the EU and its Member States.Whereas Member States and EU objectives are the promotion of employment, with a view to lasting high employment and the combating of exclusion.
Amendment 18 #
2016/2269(INI)
Motion for a resolution
Recital A
Recital A
A. whereas inequality can undermines social trust and erodes support for democratic institutionsoutcomes and access to labour market;
Amendment 19 #
2016/2269(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. Whereas inequalities are understood both as the income gap among individuals and also as individuals' loss of opportunities, impeding the potential progress of the individual's abilities and skills, curbing their development and, consequently, their potential contribution to society;
Amendment 24 #
2016/2269(INI)
Motion for a resolution
Recital C
Recital C
C. whereas inequality undermines growth and quality job creation16 , according to international institutions such as the IMF17 or the OECD18 ; _________________ 16 IMF (2017) Working Paper 17/76 Inequality Overhang. Grigoli, Francesco; Robles, Adrian. 17 IMF (2015), Causes and Consequences of Income Inequality: A Global Perspective. Staff Discussion Note SDN/15/13 Washington: International Monetary Fund http://www.imf.org/external/pubs/ft/sdn/20 15/sdn1513.pdf 18 OECD (2015) In It Together. Why Less Inequality Benefits All. OECD Publishing, Paris.
Amendment 26 #
2016/2269(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas the OECD and the IMF have stated that too high and rising inequalities have direct social costs, hamper social mobility and can also hamper economic growth today and in the future;
Amendment 35 #
2016/2269(INI)
Motion for a resolution
Recital D
Recital D
Amendment 40 #
2016/2269(INI)
Motion for a resolution
Recital E
Recital E
E. whereas increased inequality is associated with decreased social mobility, reduced human capabilities and limits on individual and collective freedom;
Amendment 61 #
2016/2269(INI)
Motion for a resolution
Recital H
Recital H
H. whereas inequalities increased inwithin several 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 64 #
2016/2269(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. Whereas disparities in and within the Member States' economic growth are leading to economic imbalances within the Union, these excessive unequal economic trends have generated excessive unemployment and poverty pockets.
Amendment 75 #
2016/2269(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the level of structural inequality ismust be shaped by institutions and politicalpolicy interventions;
Amendment 88 #
2016/2269(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Affirms that growing inequalities threaten the future of the European project, erode its legitimacy cand damage trust in the EU as an engine of social progress;
Amendment 94 #
2016/2269(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that inequalities should reflect the difference in efforts and contributions of individuals to society.Nevertheless, current inequalities do have negative effects undermining political and social stability and progress.Emphasises that fostering economic convergence and improving the life of all European citizens needs to continue to be European Union's raisons d'être and the driver for further integration;
Amendment 104 #
2016/2269(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Firmly believes that the reduction of inequalities must be an institutionalone of the main priorityies at the European level in this very moment, 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 112 #
2016/2269(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that reducing inequalities is essential to promote fairer andcan help promoting more stable democracies, marginaliseing populism and extremism and ensureing that Europe is a project embraced by all its citizens;
Amendment 118 #
2016/2269(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Believes that social measure shall be regarded many times as palliative or alleviating measures and should be completed with economic policies and structural reforms to attain a positive long-lasting economic growth and structurally reducing inequalities trend in the medium and long term.;firmly believes that economic policies are the answer to the question on how to overcome the unequal trend that acts against the economic growth;
Amendment 122 #
2016/2269(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Asks the Commission and the Member States to evaluate the performance and outcomes of economic policy coordination, taking into account the evolution of social progress and social justice in the EU; warns that the European Semester has not been successful in the achievement of these aims and in reducing inequalities;
Amendment 128 #
2016/2269(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission and the Member States to develop a concrete framework of measures ranging from social measures to economic ones that could address inequalities;Believes that specific polices aimed to fight economic inequalities should be introduced in the European Semester and in Country- specific recommendations;
Amendment 133 #
2016/2269(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. UrgesCalls on the Commission to extendinclude in the scope of the European Semester and in the in-depth analysis in the Macroeconomic Imbalance Procedure (MIP) by adding new binding indicators to estimate individual imbalances in inequalities as a way to link economic coordination with employment and social performancean estimate of imbalances in inequalities;
Amendment 145 #
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, with the necessary legislative, institutional and financial means being devoted to guaranteeing true social progress for its citizens to ensure a level playing field in our market union;
Amendment 156 #
2016/2269(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on the Member States to continue their efforts and to encourage an adequate framework of measures which ensures public education, health, adequate public infrastructure and social services, among others that encourages equality of opportunities.Such framework should enable a well-functioning "social lift";
Amendment 167 #
2016/2269(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls for more equal economic trends without hampering incentives to free competition, entrepreneurship and innovation;
Amendment 168 #
2016/2269(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Calls on the European Commission and Member States to complement the Gini Index as a measure of inequalities with the Palma ratio as the evolution of the relationship between the 10% richest an the 40% poorest;
Amendment 169 #
Amendment 170 #
2016/2269(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Expresses its concern regarding the evolution of inequality in the EU after the crisis, which was largely driven by growing unemployment21 ;Understands unemployment as the main source of economic inequality.Despite the fact that it falls under Member States' competences, job-creation policies are the best option to increase productivity and raise competitiveness.Hence, believes that job-creation policies targeted towards the main unemployment pockets will not only homogenise unemployment rates across the Union but they will also help reduce differences in the incomes distribution; _________________ 21 Eurofound (2017) Income inequalities and employment patterns in Europe before and after the Great Recession.
Amendment 187 #
2016/2269(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. CallPoints onut the Comminecessionty to raise the funding level ofensure a funding of at least EUR 700 million for the Youth Employment Initiative (YEI) for the period 20178-2020 to least EUR 21 billion, including young people under 30, as agreed within the MFF mid-term revision; calls on the Commission to ensure better implementation of the Youth Guarantee, taking into account the latest findings of the European Court of Auditors’' report on use of the YEI;
Amendment 199 #
2016/2269(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the European Commission and Members States to complement Economic and Monetary Union with a fully-fledged European labour market;Believes that well- functioning labour markets and welfare systems are vital to the success of the European monetary union and are part of a broader convergence process towards more resilient economic structures within the euro area;
Amendment 203 #
2016/2269(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12 b. Calls on Members States to ensure better alignment of education and training with labour market needs across the EU, improving opportunities for mobility, improving recruitment and training strategies - particularly 'on the job' training and through targeted investment that will boost job creation and increase employment demand;
Amendment 204 #
2016/2269(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Recalls that reskilling is one important element which enables to re- integrate people back into the labour market, helps to tackle long-term unemployment and to better match skills with jobs available;In addition, strongly supports anticipation of future skills' needs as well as fostering entrepreneurship and individual responsibility to meet demands of the labour market;
Amendment 210 #
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-stande in undeclared employmentwork linked with precarious working conditions, lower wages, exploitation and poorerlacking social security contributions, and rising inequality;
Amendment 229 #
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 discrimination based on contractual status, ensuring a minimum number of working hours and facilitating decent working times and the right to negotiate schedulessocial partners to analyse if there is a need for common approach on decent working conditions for all forms of employment;
Amendment 240 #
2016/2269(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Expresses its concern regarding the negative effects of increasing automation due to the delay in adapting legislation, which threatens to exert downward pressure onAcknowledges the effects of increasing automation and the need to ensure the adequacy of the social protection systems and wages, especially affecting low and medium-skilled workers;
Amendment 253 #
2016/2269(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for a common apexchange of best proach acrosstices between Member States regarding the introduction of aan adequate Minimum Income Scheme, in order to support people with insufficient income, ease access to fundamental services, combat poverty and foster social integration;
Amendment 255 #
2016/2269(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Believes that the major step to avoid economic unequal trends is the creation of a Europe-wide income-policies framework that favour individuals with lower incomes, and a minimum income policy as a last resort for individuals before reaching poverty and social exclusion in line with the principle of subsidiarity;
Amendment 262 #
2016/2269(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission and the Member States to establishreflect on the feasibility of a European Unemployment Insurance sScheme, which avoids moral hazard and free-riding, complementing current national benefit systems; considers that such an automatic stabiliser can play an important role in reducing inequality between countries and in neutraliscushioning the consequences arising from the absorption of asymmetric shocks;
Amendment 267 #
2016/2269(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 272 #
2016/2269(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Believes that the intervention in the determination of wages is not a social measure but rather and economic one which comprise a potentially serious distortion for markets and could have pernicious effects on the economic growth;Believes in social dialogues and collective bargaining;
Amendment 276 #
2016/2269(INI)
Motion for a resolution
Subheading 4
Subheading 4
Amendment 284 #
2016/2269(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that regressive labour market reforms have weakened the representation and bargaining power of labour, undermined the fairness of collective bargaining relations, and increased the inequality of labour with respect to capital; expresses its concern at the repercussions of these labour market reforms on increased precarious working conditions and lower wageHighlights the necessity of labour market reforms and the need for a significant leap forward in the liberalisation, opening and unification of the markets of the future still under national control, such as energy markets, telecom markets, digital market and capital markets; highlights the job creation potential in these sectors;
Amendment 286 #
2016/2269(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission and the Members States to strengthenNotes the importance of adequate workers’' rights and fostering the bargaining power of employees through structural reforms of labour markets, widening collective bargaining coverage, and promoting unionisationhere appropriate; Recognizes that national authorities' role will be to ensure and reinforce the right to syndicate as well as the strength and autonomy of both workers and employers unions when engaging in negotiations at any level;
Amendment 294 #
2016/2269(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Calls for implementation of Anti- discrimination policy that play a key role in ensuring equal employment opportunities and promoting social inclusion;calls on Members States to unblock the Anti-discrimination Directive;
Amendment 301 #
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 consequences in terms of income inequalitiesimpacted by financial consolidation;
Amendment 305 #
2016/2269(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Believes that welfare systems should act as a safety net, but also ensure there are incentives to work;
Amendment 308 #
2016/2269(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls onEncourages the Member States to reform their welfare systems (education, health, pensions and transfers) in order to achieve more effective redistribution and promote fairer distribution, taking into account the new social risks and vulnerable groups that have arisen from the social and economic challenges confronting socief appropriate in order to achieve better equality;
Amendment 324 #
2016/2269(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to put forward a European legal framework in line with the relatedAcknowledges the ILO recommendation to guarantee every European citizen a social protection floor with universal access to healthcare, basic income security and access to the goods and services defined as necessary at national level playing field for our common market;
Amendment 333 #
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; calls on the Commission to support Member States in strengthening public and occupational pension systems to provide an adequate retirement income well above the poverty threshold and to allow pensioners to maintain their standard of livingHighlights also the important role of work-related pension systems and individual pension savings as a way to ensure an adequate mix, in line with Members States' practices;
Amendment 344 #
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 inequalitiesbut that the benefits are not always well distributed; calls on the Commission and the Member State to promote fairercontinue promoting international trade agreements that respect European labour market regulations, while proteccontributing to quality employment and workers’' rights and ensuring intra- European and national mechanisms for the compensation of workers and sectors negatively affected;
Amendment 350 #
2016/2269(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Considers that the current inequality of opportunities for children and young people hasmay have damaging consequences for their wellbeing and ‘'wellbecoming’' as individuals, thereby contributing to the estrangement of European youth, especially those on the wrong side of the opportunity gap;
Amendment 352 #
2016/2269(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Considers that each and every EU citizen is subject to the right for equal opportunities and free to choose its own path to emancipation;Believes in the capacity of individuals to shape their own destiny and create their own opportunities;
Amendment 356 #
2016/2269(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on the Commission and the Member States to step up the fight against child poverty, ensuring the coordinated implementation of the Investment in Children Initiative through the Child Guarantee scheme;
Amendment 363 #
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 child receives a minimum income, thereby helping to achieve the goals of the Europe 2020 Strategy on reducing poverty and the risk of social exclusion;
Amendment 376 #
2016/2269(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission to complete 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 carers;
Amendment 381 #
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 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 and social partners to address the gender gap challenge in pay and pensions;
Amendment 392 #
2016/2269(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Commission to introduce legislation requiring Member States to publish tax rulings signed with large companies within a limited time- frameAsks the Member States to swiftly implement the Directive on Administrative Cooperation;
Amendment 394 #
2016/2269(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33 a. Calls on the Commission and Member States to correct excessive interpersonal inequalities by supporting and encouraging most productive investments;recalls that for that objective taxation policies are crucial and that many Members States need a deep taxation reform.Calls on the Commission to monitor, advice, promote and prepare benchmarks in the light of the European Semester;
Amendment 13 #
2016/2237(INL)
Motion for a resolution
Recital B
Recital B
B. whereas there are substantial differences among Member States in the way they regulate social enterprises and the organisational forms available to social entrepreneurs under their legal systems; whereas the distinctive organisational forms that social enterprises adopt depend on the existing legal frameworks, on the political economy of welfare provision and on the cultural and historical traditions of for-profit and non-profit development in each country;
Amendment 27 #
2016/2237(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the adoption of diverse legal frameworks on social enterprises in many Member States confirm the development of a new kind of entrepreneurship more focused on social value creation; whereas this diversity also confirms that social entrepreneurship is an innovative and beneficial field;
Amendment 30 #
2016/2237(INL)
Motion for a resolution
Recital E
Recital E
E. whereas, in light of this diversity of legal forms available for the creation of a social enterprise across Member Stateswithin the EU, there does not seem to exist a consensus in Europesingle view among the Member States as to whether it is convenient or necessary at the present moment to set up at EU level a specific form of social enterprise; whereas Parliament has already stressed that the development of any new legal frameworks at Union level should be optional for enterprises and preceded by an impact assessment to take into account the existence of various social business models across the Member States; whereas Parliament has also stressed that any measures should demonstrate Union-wide added value;
Amendment 87 #
2016/2237(INL)
Motion for a resolution
Recital V
Recital V
V. whereas the positive impact of social enterprises in the social economy on the community may justify the adoption of concrete actions in their support, such as the payment of subsidies and the adoption of favourable tax and public procurement measures; whereas those measures should in principle be considered as being compatible with the TreatiesUnion competition law, since they aim at facilitating the development of economic activities or areas mainly intended to have a positive impact on society;
Amendment 94 #
2016/2237(INL)
Motion for a resolution
Recital X
Recital X
X. whereas social-economy enterprises should issue a social report on a regular basis in which they give account, at least, of their activities, results, involvement of stakeholders, allocation of profits, salaries, subsidies and other benefits received;
Amendment 125 #
2016/2237(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to reviewexamine existing legislation and to submit, where appropriate, legislative proposals establishing a more coherent and complete legal framework in support of social- economy enterprises, specifically, but not only, in the fields of public procurement and competition law, so that such undertakings are treated in a manner that is consistent with their particular nature and contribution to social cohesion and to economic growth;
Amendment 136 #
2016/2237(INL)
Motion for a resolution
Annex I – paragraph 3 – introductory part
Annex I – paragraph 3 – introductory part
The European Parliament considers that the ‘European social label’ should only be awarded to enterprises complying with the following criteria in a cumulative manner:
Amendment 876 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 4 – paragraph 4 – subparagraph 2
Rule 4 – paragraph 4 – subparagraph 2
Where the competent authorities of the Member States ornotify the President of the Unionend orf the Member concerned notify the President of an appointment or election to an office incompatible with the office of Member of the European Parliament within the meaning ofterm of office of a Member of the European Parliament as a result either of an additional incompatibility established by the law of that Member State in accordance with Article 7(1) or (23) of the Act of 20 September 1976, the President shall inform Parliament, which shall establish that there is a vacancy or of the withdrawal of the Member's mandate pursuant to Article 13(3) of that Act, the President shall inform Parliament that the term of office of that Member ended on the date communicated by the Member State. Where no such date is communicated, the date of the end of the term of office shall be the date of the notification by that Member State.
Amendment 882 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 9 – paragraph 3
Rule 9 – paragraph 3
3. The committee shall make a proposal for a reasoned decision which recommends the adoption or rejection of the request for the waiver of immunity or for the defence of privileges and immunities. No amendments may be tabled to such a proposal. If the proposal is rejected, a contrary decision shall be deemed to have been adopted.
Amendment 886 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 9 – paragraph 8 – subparagraph 1
Rule 9 – paragraph 8 – subparagraph 1
The committee's reportproposal for a decision shall be placed at the head ofon the agenda of the first sitting following the day on which it was tabled. No amendments may be tabled to thesuch a proposal(s) for a decision.
Amendment 960 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 39 – paragraph 4
Rule 39 – paragraph 4
4. IWhere appropriate, after exchanging views with the Council and the Commission in accordance with the arrangements agreed at interinstitutional level1a, if the committee responsible for legal affairs decides to dispute the validity or the appropriateness of the legal basis, it shall report its conclusions to Parliament. Without prejudice to Rule 63, Parliament shall vote on this before voting on the substance of the proposal. __________________ 1aInterinstitutional Agreement of 13 April 2016 on Better-Law Making, paragraph 25 (OJ L 123, 12.5.2016, p. 1)
Amendment 961 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 42 – paragraph 2 – subparagraph 1 a (new)
Rule 42 – paragraph 2 – subparagraph 1 a (new)
Where the committee responsible for the subject-matter is of the opinion that a proposal for a legislative act, or parts of it, does not comply with the principle of subsidiarity, it shall request the opinion of the committee responsible for respect of the principle of subsidiarity. Such request shall be made no later than four weeks of the announcement in Parliament of referral to the committee responsible for the subject-matter.
Amendment 982 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 1 – indent 1
Rule 63 – paragraph 1 – indent 1
– where the Commission withdrawsreplaces, substantially amends or intends substantially to amend its initial proposal after Parliament has adopted its position, in order to replace it with another text, except where this is done in order to take account of Parliament's position; orif the Commission intends to modify the legal basis provided for in its initial proposal, with the result that the ordinary legislative procedure would no longer apply, the President may also act at the request of the committee responsible for legal affairs;
Amendment 983 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 1 – indent 2
Rule 63 – paragraph 1 – indent 2
Amendment 984 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 1 – indent 3
Rule 63 – paragraph 1 – indent 3
– where, through the passage of time or changes in circumstances, the nature of the problem with which the proposal is concerned substantially changes; or
Amendment 985 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 63 – paragraph 2
Rule 63 – paragraph 2
2. ParliamThe President shall, at the request of the committee responsible, ask the Council to refer again to Parliament a proposal submitted by the Commission pursuant to Article 294 of the Treaty on the Functioning of the European Unio for the subject-matter or the committee responsible for legal affairs, ask the Council to refer a draft legislative act to Parliament again, where the Council intends to modify the legal basis of the proposalprovided for in Parliament's position at first reading with the result that the ordinary legislative procedure willould no longer apply.
Amendment 1077 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 141 – paragraph 4 a (new)
Rule 141 – paragraph 4 a (new)
4a. In urgent cases, the President, where possible after consulting the Chair and rapporteur of the committee responsible for legal affairs, may take precautionary action in order to comply with the relevant time-limits. In such cases, the procedure provided for in paragraphs 3 or 4 shall, as applicable, be implemented at the earliest opportunity.
Amendment 1078 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 141 – paragraph 4 b (new)
Rule 141 – paragraph 4 b (new)
4b. The committee responsible for legal affairs shall lay down principles for the application of this Rule.
Amendment 9 #
2016/2079(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Points out that small-scale fishing in the Mediterranean accounts for 80% of the fleet and 60% of jobs; points to the importance of small-scale non-industrial fishing for the sustainability of stocks, environmental conservation, and the socio- economic development of fishing communities, particularly rural communities;
Amendment 17 #
2016/2079(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Maintains that where fisheries are concerned, policy-making should be such as to enable fishermen and their organisations, trade unions, and coastal communities to be involved in – and made an integral part of – decision-taking processes in line with the CFP's regionalisation principle;
Amendment 27 #
2016/2079(INI)
Draft opinion
Paragraph 3 – introductory part
Paragraph 3 – introductory part
3. Calls on the Commission and the Member States to make information and technical support more readily available to fishermen’s organisations applying for EU funding, which should meet the sector’s needs by:
Amendment 31 #
2016/2079(INI)
Draft opinion
Paragraph 3 – indent 1
Paragraph 3 – indent 1
– promoting fleet renewal and modernisation, while seeking to reduce the fishing effortmaximising catches in a sustainable way and improve active and passive safety devices, for example personal locator systems in life jackets;
Amendment 35 #
2016/2079(INI)
Draft opinion
Paragraph 3 – indent 2
Paragraph 3 – indent 2
– promoting the recruitment of young people, thereby enhancing the status of work and vocational training; suring the continuity and vitality of the sector and a decrease in rural to urban migration or migration abroad; stresses the need for adequate provision of, and information on, training for fishermen by the competent authorities in this regard;
Amendment 41 #
2016/2079(INI)
Draft opinion
Paragraph 3 – indent 3
Paragraph 3 – indent 3
– encouraging those working in the sector to join forces and organise themselves for example through trade unions, community organisations, cooperatives and/or fishers' and fishing vessel owners' representative organisations;
Amendment 54 #
2016/2079(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Suggests that a minimum wage could be established for fishermen in line with the national traditions and practices of the individual Member States; recommends that a wage compensation fund be set up to cover non-fishing periods and that such periods be treated as actual working time for the purposes of the retirement encourages the Member States to examine the feasibility of a fisheries wage compensation afund other social security entitlementto cover non-fishing periods;
Amendment 63 #
2016/2079(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on those Member States who have not already done so to ratify the ILO's Work in Fishing Convention 188 which ensures that fishers have decent conditions of work on board fishing vessels;
Amendment 11 #
2016/2036(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets the factcalls that the 2014 annual report on the common foreign and security policy doesid not refer to cultural diplomacy, andtherefore underlines the need for the EU and the Member States to initiate a strategic approach tohighlight the role of cultureal and interculturalscientific diaplogue, which should be reflectedmacy in the EU’suropean external relations;
Amendment 18 #
2016/2036(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls the Commission to bring forward the Preparatory Action on Culture in EU external relations;
Amendment 24 #
2016/2036(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls the EU Institutions and EU leaders to include cultural and scientific diplomacy in the upcoming Global Strategy for the European Union;
Amendment 29 #
2016/2036(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the renewed European Neighbourhood Policy (ENP), and calls for an increased profile of culture and education in the bilateral and regional cooperation programmes under the ENP, with initiatives such as the European Neighbourhood Instrument (ENI);
Amendment 35 #
2016/2036(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Encourages the current efforts of the Commission to enhance the role of Science and research cooperation as soft power tools in European external relations; highlight how scientific exchange can contribute to coalition building and conflict resolution, particularly in the relationship with EU Neighbouring Countries;
Amendment 40 #
2016/2036(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for the EU and the Member States to support international efforts to set up a rapid reaction mechanism for the protection of cultural heritage sites, in collaboration with UNESCO;
Amendment 64 #
2016/2036(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Encourages the participation of eligible third countries in the main EU programmes in the field of education and, culture, citizenship and scientific research such as Erasmus+, Creative Europe, Europe for Citizens and Horizon 2020.
Amendment 69 #
2016/2036(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines the crucial importance of maintaining a secular approach in all cultural aspects of EU's international relations.
Amendment 8 #
2016/2032(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that Eurostat figures show that 2.9 % of the EU’s workforce, i.e. 6.3 million people, were employed in the cultural sector in 2014, which is comparable to the proportion of the workforce employed in the banking and insurance sector; stresses furthermore that the cultural and creative sectors make up nearly 4.5% of the European economy, as nearly 1.4 million small and medium- sized businesses generate and distribute creative content all over Europe;
Amendment 16 #
2016/2032(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that further promoting and investing in cultural and creative industries will be beneficial for reducing the youth unemployment rate as according to a recent study cultural and creative sectors employed more 15-29- year-olds than any other economic sector (19.1 % of total employment in CCS versus 18.6 % in the rest of the economy)1a; _________________ 1aCultural times - the first global map of cultural and creative industries /December 2015/
Amendment 19 #
2016/2032(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Encourages Member states to enhance the development of creative competences and set up business skills development networks between educational and training systems, creative companies and cultural and arts institutions in order to foster an interdisciplinary approach; encourages the EU and Member States to expand solutions to encourage talent and skills development within CCI (Cultural and Creative Industry) as for instance foreseeing innovative and flexible grants for supporting creativity and innovation and talent development;
Amendment 24 #
2016/2032(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Acknowledges that while some Member States have already well developed policies for Cultural and creative industries' (CCIs), others are still at the stage of planning; underlines therefore the need for fostering better interaction between the EU and Member States and facilitating exchanges of best practices between Member States in the field of funding mechanisms for SMEs operating in the CCS;
Amendment 42 #
2016/2032(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Acknowledges that most CCS Small and Medium-Sized Enterprises (SMEs) face difficulties in accessing finance and that there is a lack of understanding of the CCS' unique characteristics by the financiers; Considers it to be crucial that the EU and its Member States broaden the range of financing instruments available to micro- enterprises and SMEs in the cultural and creative sector with new and innovative financing schemes such as microcredit, repayable contributions, crowdfunding, risk capital finance and venture capital.; Stresses that information on the available sources of funding should be made available and easily accessible;
Amendment 47 #
2016/2032(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Emphasises the role of exchange programs, in particular mobility in VET which enable cooperation between different business lines, combine creativity with business skills and allow participants to better understand the real needs of enterprises; calls therefore for widening the financial opportunities from which CCS SMEs can benefit in order to provide high quality mobility opportunities;
Amendment 5 #
2016/2018(INI)
Motion for a resolution
Recital P
Recital P
P. whereas, in order to further reinforce the transparency of the legislative process, Parliament revised its Rules of Procedure so as to adapt its rules on interinstitutional negotiations during the ordinary legislative procedure, building on the provisions introduced in 2012; whereas, while all of Parliament’s negotiating mandates are public, the same does not hold true of the Council’s mandates; whereas the Parliament find this situation highly unsatisfactory;
Amendment 83 #
2016/2018(INI)
27. Welcomes the commitments made by the Commission as regards the scope of the explanatory memorandum accompanying each of its proposals; expresses particular satisfaction at the fact that the Commission will also explain how the measures proposed are justifiabled in the light of the principles of subsidiarity and proportionality; underlines in this regard the importance of a strengthened and comprehensive assessment and justification regarding compliance with the principle of subsidiarity and the European added value of the measure proposed;
Amendment 90 #
2016/2018(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes the three Institutions’ commitment to exchanging views on modifications of the legal basis, as referred to in paragraph 25 of the new IIA; stresses the role and the expertise of its Committee on Legal Affairs in verifying legal bases31 ; recalls Parliament’s position that it will resist any attempt to undermine the legislative powers of Parliament by means of unwarranted modifications of the legal basis; invites the Council to pursue the dialogue with Parliament in case of disagreement over the proposed legal basis; _________________ 31 See Rules of Procedure of the European Parliament, Annex V, point XVI.1.
Amendment 101 #
2016/2018(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36a. Deplores the fact that the examination procedure has frequently been used to take political, rather than technical decisions; recalls that the decision of Parliament – as co-author of a legislative act – to accept an implementing act and thus to vest the examination committee with certain powers, pursues the sole aim of alleviating the legislator from overly technical decisions which should be assessed and taken by experts with profound scientific knowledge; points out, at the same time, that Parliament does not wish to give away any political power when agreeing on an implementing act; stresses in this context that the Parliament's prerogatives must not be undermined during the examination procedure, which takes place in the presence of the Commission and representatives of the Member States, but not the Parliament as co-author of the basic act; believes that the current implementation procedure needs thorough revision in order to preserve Parliament’s prerogatives and to remain a useful procedure for technical issues to be harmonised at EU level;
Amendment 105 #
2016/2018(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Notes with appreciation the fact that the Commission in paragraph 28 of the new IIA agreed to ensure that Parliament and the Council have equal access to all information on delegated and implementing acts, so that they will receive all documents at the same time as Member States’ experts; welcomes the fact that experts from Parliament and the Council will systematically have access to the meetings of Commission expert groups to which Member States’ experts are invited and which concern the preparation of delegated acts; calls on the Commission to abide by this commitment genuinely and consistently; notes that such access has already improved significantlbut is still not satisfactory;
Amendment 110 #
2016/2018(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Deplores the fact that paragraphs 33 and 34 of the new IIA have not yet led to an improvement in the information flow from the Council, notably since there seems to be a general lack of information on the issues raised by the Member States within the Council and no systematic approach to facilitate the mutual exchange of views and information; notes with concern that the information flow usually varies greatly from Presidency to Presidency and varies between services of the Council’s General Secretariat; considers, therefore, that a coherently transparent approach is desired; suggests that the Council should as a rule conduct all its meetings in public as Parliament does;
Amendment 112 #
2016/2018(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43a. Stresses the need for Parliament to preserve its integrity during the legislative process; in order to safeguard its integrity, warns against any attempt by other Institutions to interfere with Parliament’s decision-making procedure;
Amendment 176 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Regulation (EC) No 883/2004
Recital 20
Recital 20
4a. Recital 20 is replaced by the following: “(20) In the field of sickness, long-term care, maternity and equivalent paternity benefits, insured persons, as well as the members of their families, living or staying in a Member State other than the competent Member State, should be afforded protection. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
Amendment 301 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EC) No 883/2004
Title III – Chapter 1 – title
Title III – Chapter 1 – title
Amendment 304 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 b (new)
Article 1 – paragraph 1 – point 14 b (new)
Regulation (EC) No 883/2004
Article 19
Article 19
14b. Article 19 is replaced by the following; “Article 19 Stay outside the competent Member State 1. Unless otherwise provided for by paragraph 2, an insured person and the members of his/her family staying in a Member State other than the competent Member State shall be entitled to the benefits in kind which become necessary on either medical grounds or due to the need for long-term care during their stay, taking into account the nature of the benefits and the expected length of the stay. These benefits shall be provided on behalf of the competent institution by the institution of the place of stay, in accordance with the provisions of the legislation it applies, as though the persons concerned were insured under the said legislation. 2. The Administrative Commission shall establish a list of benefits in kind which, in order to be provided during a stay in another Member State, require for practical reasons a prior agreement between the person concerned and the institution providing the care. (http://www.at4am.ep.parl.union.eu/at4am/ameditor.html?documentID=20512&locale=en#)benefit.” Or. en
Amendment 317 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 c (new)
Article 1 – paragraph 1 – point 14 c (new)
Regulation (EC) No 883/2004
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
14c. In Article 28(1), the first subparagraph is replaced by the following: “1. A frontier worker who has retired because of old-age or invalidity is entitled in the event of sickness or the need for long-term care to continue to receive benefits in kind in the Member State where he/she last pursued his/her activity as an employed or self-employed person, in so far as this is a continuation of treatment for sickness or of provision of long-term care which began in that Member State. ‘Continuation of treatment’ in the case of sickness means the continued investigation, diagnosis and treatment of an illness for its entire duration. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)‘Continuation of provision of long-term care’ means the continued granting of long-term care benefits in kind where entitlement to such benefits was established prior to retirement.” Or. en (http://eur-
Amendment 322 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 d (new)
Article 1 – paragraph 1 – point 14 d (new)
Regulation (EC) No 883/2004
Article 30
Article 30
14d. Article 30 is replaced by the following: “Article 30 Contributions by pensioners 1. The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, long-term care, maternity and equivalent paternity benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits pursuant to Articles 23 to 26 is to be borne by an institution of the said Member State. 2. Where, in the cases referred to in Article 25, the acquisition of sickness, long-term care, maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, these contributions shall not be payable by virtue of such residence. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
Amendment 336 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 1
Article 34 – paragraph 1
1. If a recipient of long-term care benefits in cash, which have to be treated as sickness benefits and are therefore6a. In Article 34, paragraph 1 is replaced by the following: “1. If a recipient of long-term care benefits in cash, provided by the Member State competent for cash benefits under Articles 21 or 29, is, at the same time and under this Chapter, entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another Member State, and an institution in the first Member State is also required to reimburse the cost of these benefits in kind under Article 35, the general provision on prevention of overlapping of benefits laid down in Article 10 shall be applicable, with the following restriction only: if the person concerned claims and receives the benefit in kind, the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first Member State required to reimburse the cost. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2004R0883:20130108:EN:HTML)” Or. en (http://eur-
Amendment 340 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 b (new)
Article 1 – paragraph 1 – point 16 b (new)
Regulation (EC) No 883/2004
Article 34 – paragraph 2
Article 34 – paragraph 2
Amendment 438 #
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 441 #
2016/0397(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Amendment 508 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Article 2 – paragraph 1 – point -1 (new)
Regulation (EC) No 987/2009
Recital 13
Recital 13
-1. Recital 13 is amended as follows: "(13) This Regulation provides for measures and procedures to promote the mobility of employees and unemployed persons. Frontier workers who have become wholly unemployed may make themselves available to the employment services in both their country of residence and the Member State where they were last employed. However, they should be entitled to benefits only from their Member State of residence. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
Amendment 609 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 14 a (new)
Article 2 – paragraph 1 – point 14 a (new)
Regulation (EC) No 987/2009
Article 23
Article 23
14a. Article 23 is replaced by the following; "Article 23 Regime applicable in the event of the existence of more than one regime in the Member State of residence or stay If the legislation of the Member State of residence or stay comprises more than one scheme of sickness, long-term care, maternity and paternity insurance for more than one category of insured persons, the provisions applicable under Articles 17, 19(1), 20, 22, 24 and 26 of the basic Regulation shall be those of the legislation on the general scheme for employed persons. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
Amendment 614 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 1
Article 25 – paragraph 1
15a. In Article 25, paragraph 1is replaced by the following: 1. For the purposes of the application of Article 19 of the basic Regulation, the insured person shall present to the health care or long-term care provider in the Member State of stay a document issued by the competent institution indicating his entitlement to benefits in kind. If the insured person does not have such a document, the institution of the place of stay, upon request or if otherwise necessary, shall contact the competent institution in order to obtain one. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)Or. en (http://eur-
Amendment 617 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 15 b (new)
Article 2 – paragraph 1 – point 15 b (new)
Regulation (EC) No 987/2009
Article 25 – paragraph 3
Article 25 – paragraph 3
15b. In Article 25, paragraph 3 is replaced by the following: “3. The benefits in kind referred to in Article 19(1) of the basic Regulation shall refer to the benefits in kind which are provided in the Member State of stay, in accordance with its legislation, and which become necessary on medical grounds or due to the need for long-term care with a view to preventing an insured person from being forced to return, before the end of the planned duration of stay, to the competent Member State to obtain the necessary treatment. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML) or long-term care.” Or. en (http://eur-
Amendment 631 #
2016/0397(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
Regulation (EC) No 987/2009
Article 32 – paragraph 1
Article 32 – paragraph 1
17a. In Article 32, paragraph 1 is replaced by the following: "1. When a person or a group of persons are exempted upon request from compulsory sickness or long-term care insurance and such persons are thus not covered by a sickness or long-term care insurance scheme to which the basic Regulation applies, the institution of another Member State shall not, solely because of this exemption, become responsible for bearing the costs of benefits in kind or in cash provided to such persons or to a member of their family under Title III, Chapter I, of the basic Regulation. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2009R0987:20130108:EN:HTML)" Or. en (http://eur-
Amendment 88 #
2016/0359(COD)
Proposal for a directive
Recital 1
Recital 1
1. The objective of this Directive is to contribute to the proper functioning of the internal market and 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 honest over indebted entrepreneurs have a second chance after a full discharge of debt after a reasonable period of time;
Amendment 95 #
2016/0359(COD)
Proposal for a directive
Recital 6
Recital 6
6. All these differences translate into additional costs for investors when assessing the risks of debtors entering financial difficulties in one or more Member States and the costs of restructuring companies having establishments, creditors or assets in other Member States, such as is most clearly the case of restructuring international groups of companies. Many investors mention uncertainty about insolvency rules or the risk of lengthy or complex insolvency procedures in another country as a main reason for not investing or not entering into a business relationship with a counterpart outside their own country. This legal uncertainty acts as a disincentive for cross-border investment, which harms the proper functioning of the internal market.
Amendment 96 #
2016/0359(COD)
Proposal for a directive
Recital 7
Recital 7
7. Those differences lead to uneven conditions for access to credit and to uneven recovery rates in the Member States. A higher degree of harmonisation in the field of restructuring, insolvency and second chance is thus indispensable for a well-functioning single market in general and for a working Capital Markets Union in particular. At the same time, a greater level of harmonisation would contribute even more towards common European commercial legislation.
Amendment 101 #
2016/0359(COD)
Proposal for a directive
Recital 13
Recital 13
13. In particular small and medium sized enterprises, which represent 99% of all businesses in the EU, should benefit from a more coherent approach at Union level, since they do not have the necessary resources to cope with high restructuring costs and to take advantage of the more efficient restructuring procedures in some Member Statare disproportionately more likely to be taken into liquidation rather than restructuring and they have to bear costs that are twice as high as those faced by larger companies for cross- border procedures, compared with domestic procedures. Small and medium enterprises, especially when facing financial difficulties, often do not have the necessary resources to hire professional advice,cope with high restructuring costs and take advantage of theref more early warning tools should be put fficient restructuring place to alert debtors to the urgency to actrocedures in some Member States. In order to help such enterprises restructure at low cost, model restructuring plans should also be developed nationally and made available onlineelectronically. Debtors should be able to use and adapt them to their own needs and to the specificities of their business. Taking into account their limited resources for hiring professional experts, early warning tools should be put in place to warn debtors of the urgent need to act quickly.
Amendment 145 #
2016/0359(COD)
Proposal for a directive
Recital 40
Recital 40
40. Member States should also ensure that the practitioners in the field of restructuring, insolvency and second chance which are appointed by judicial or administrative authorities are properly trained and supervised in the carrying out of their tasks, that they are appointed in a transparent manner with due regard to the need to ensure efficient procedures and that they perform their tasks with integrity. Practitioners, with a view to the main objective of restoring the viability of the business. Practitioners should be rescuers not liquidators and they should also adhere to voluntarya codes of conduct aiming at ensurprofessional conduct with the aim of guaranteeing an appropriate level of qualification and training, and ensuring the transparency of the duties of such practitioners and the rules for determining their remuneration, the taking up of professional indemnity insurance cover and the establishment of oversight and regulatory mechanisms which should include an appropriate and effective regime for sanctioning those who have failed in their duties. Such standards may be attained without the need in principle to create new professions or qualifications.
Amendment 146 #
2016/0359(COD)
Proposal for a directive
Recital 42
Recital 42
42. It is important to gather reliable data on the performance of restructuring, insolvency and discharge procedures in order to monitor the implementation and application of this Directive. Therefore Member States should intensify their efforts to collect and, aggregate data that isand supply this data to the Commission, whereby it should be sufficiently granular to enable an accurate assessment of how the Directive works in practice.
Amendment 147 #
2016/0359(COD)
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
44a. The Commission shall review the application of this Directive and shall present a report to the European Parliament and the Council, possibly accompanied by a proposal for new legislative acts to strengthen the legal framework on restructuring, insolvency, discharge and second chance procedures. The assessment should not focus solely on the material recovery rate but also on solvency and restoring viability. Particular attention should be paid to the impact on SMEs.
Amendment 160 #
2016/0359(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) 'insolvency procedure' means a collective insolvency procedure which entails a partial or total divestment of the debtor and the appointment of a liquidaton insolvency practitioner;
Amendment 163 #
2016/0359(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘stay of individual enforcement actions' means a temporary suspension of the right to enforce a claim by a creditor against a debtoror group of creditors against a debtor or group of debtors, ordered by a judicial or administrative authority;
Amendment 175 #
2016/0359(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) 'new financing' means any new funds, including the provision of credit, whether provided by an existing or a new creditor, that are necessary to implement a restructuring plan that are agreed upon in that restructuring plan and confirmed subsequently by a judicial or administrative authority;
Amendment 176 #
2016/0359(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) 'interim financing' means any funds, including the provision of credit, whether provided by an existing or new creditor, that is reasonably and immediately necessary for the debtor's business to continue operating or to survive, or to preserve or enhance the value of that business pending the confirmation of a restructuring plan;
Amendment 182 #
2016/0359(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 15 – point a a (new)
Article 2 – paragraph 1 – point 15 – point a a (new)
(aa) ‘repayment plan’ means a programme of payments of specified amounts on specified dates by a debtor to creditors as part of a restructuring plan;
Amendment 184 #
2016/0359(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 15 – point b a (new)
Article 2 – paragraph 1 – point 15 – point b a (new)
(ba) 'viable' means able to provide an appropriate projected return on capital after having covered all its costs, including depreciation and financial charges.
Amendment 188 #
2016/0359(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that debtors and entrepreneurs have access todevelop early warning tools which can detect a deteriorating business development and signal to the debtor or the entrepreneur, the entrepreneur and the employees’ representative or the employees themselves, where they have no representative, the need to act as a matter of urgency.
Amendment 231 #
2016/0359(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Paragraph 2 shall not apply to workers' outstanding claims except if and to the extent that Member States ensure by other meanpossible rights to compensation. Employees’ wages and other benefits tshat the payment of such claims is guaranteed at a level of protection at least equivalent to that provided for under the relevant national law transposing Directive 2008/94/ECll be paid promptly and in full.
Amendment 235 #
2016/0359(COD)
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall limit tThe duration of the stay of individual enforcement actions to a maximum period of no more thanshall be fixed by agreement between the parties directly involved at between two and six months, which may be extended four monthsan identical period.
Amendment 239 #
2016/0359(COD)
Proposal for a directive
Article 6 – paragraph 5 – point b a (new)
Article 6 – paragraph 5 – point b a (new)
(ba) the obligation for the debtor to file for insolvency under national law arose during the period of the stay of individual enforcement actions.
Amendment 249 #
2016/0359(COD)
Proposal for a directive
Article 6 – paragraph 9
Article 6 – paragraph 9
9. Member States shall ensure that, where the judicial or administrative authority may determine that an individual creditor or a single class of creditors is or would be unfairly prejudiced by a stay of individual enforcement actions, and as a consequence the judicial or administrative authority may decide not to grant the stay of individual enforcement actions or may lift a stay of individual enforcement actions already granted in respect of that creditor or class of creditors, at the request of the creditors concerned.
Amendment 258 #
2016/0359(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall ensure that, during the stay period, creditors to which the stay applies may not withhold performance or terminate, accelerate or in any other way modify executory contracts to the detriment of the debtor forin respect of debts that came into existence prior to the stay. Member States may limit the application of this provision to essential contracts which are necessary for the continuation of the day-to-day operation of the business.
Amendment 262 #
2016/0359(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Member States shall ensure that nothing prevents the debtor from paying in the ordinary course of business claims of or owed to unaffected creditors and the claims of affected creditors that arise after the stay is granted and which continue to arise throughoutt any time during the period of the stay.
Amendment 264 #
2016/0359(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member States shall require restructuring plans submitted forto be confirmationed by a judicial or administrative authority toand shall guarantee that plans are notified for assessment to employees’ representatives or to the debtors’ employees themselves, where they have no representative, for their opinion. Restructuring plans shall contain at least the following information:
Amendment 274 #
2016/0359(COD)
Proposal for a directive
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
(g) an opinion or reasoned statement by the person responsible for proposing the restructuring plan which explains why the business is viable, how implementing the proposed plan is likely to result in the debtor avoiding insolvency and restore its long-term viability, and states any anticipated necessary pre-conditions for its success. Member States may provide for the option to seek validation for such an opinion or reasoned statement from an external expert, such as an insolvency practitioner or professional.
Amendment 279 #
2016/0359(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Member States shall ensure that the entitlements and claims of employees are not affected by the restructuring plans and that occupational pension funds or schemes remain intact, since they do not form part of the business’s property that is covered by the restructuring plans.
Amendment 285 #
2016/0359(COD)
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall ensure that affected parties are treated in separate classes which reflect the class formation criteria under national law. Classes shall be formed in such a way that each class comprises claims or interests with rights that are sufficiently similar to justify considering the members of the class a homogenous group with commonality of interest. As a minimum, secured and unsecured claims shall be treated in separate classes for the purposes of adopting a restructuring plan. Member States mayshall also provide that workers are treated in a separate class of their ownfor employees and equity holders to be treated in separate classes of their own, as preferential creditors, including in respect of any debts owed to the State. Employees’ representatives shall be informed and consulted, shall be able to propose alternative solutions that guarantee the maintenance of jobs, and shall be able to request intervention by an external expert who would draw up alternative proposals, with the same status and consideration as any other plan or proposal.
Amendment 353 #
2016/0359(COD)
Proposal for a directive
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4a. With regard to paragraph 1(a), the Commission shall provide guidelines for Member States to establish a set of criteria in order to define what constitutes dishonest action or bad faith in this context.
Amendment 370 #
2016/0359(COD)
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1 – point g a (new)
Article 29 – paragraph 1 – subparagraph 1 – point g a (new)
(ga) the number of debtors who, after having undergone a procedure referred to in point (a)(iii), launched a new business;
Amendment 372 #
2016/0359(COD)
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1 – point g b (new)
Article 29 – paragraph 1 – subparagraph 1 – point g b (new)
(gb) the number of job losses, transfer of part or whole of the business, and impact of restructuring agreements on the employment situation;
Amendment 381 #
2016/0359(COD)
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
No later than [5 years from the date of start of application of implementing measures] and every 7 years thereafter, the Commission shall review the application of this Directive and shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Directive, including on whether additional measureaccompanied, if possible, by a proposal for new legislative acts to consolidate and strengthen the legal framework on restructuring, insolvency and second chance should be considered. That review shall not focus solely on the material recovery rate but also on solvency and restoring viability. Particular attention shall be paid to the impact on SMEs.
Amendment 98 #
2016/0280(COD)
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Search engines embrace a wide variety of services whose aim is in principle to enable the public to access resources disseminated over the Internet. However, the nature of the acts performed by these entities varies greatly from service to service. While text search engines supply a clickable hypertext link whose basic aim is to lead users to the reference online service, most search engines specialising in images directly display the works referenced in the search results, autonomously in relation to the online service from which they are derived. As the images can then be consulted in their original format and in high quality, these search engines therefore in terms of their functionalities more closely resemble image banks. Exploitation of graphic, plastic or photographic works therefore requires authorisation by the rightholders under Articles 2 and 3 of Directive 2001/29/EC. In view of the very large number of images reproduced or communicated to the public by these search engines, it is desirable to leave it to the discretion of Member States to apply balanced solutions, with provision for equitable compensation.
Amendment 101 #
2016/0280(COD)
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5b) The right of communication to the public and the right of making available to the public defined in Article 3 of the Directive, which implements the principles and rules laid down in Article 8 of the WIPO Copyright Treaty, to which the Union is a party, play a vital role in the information society. Union law should guarantee its effect and effectiveness in order to afford a high level of protection to rightholders.
Amendment 121 #
2016/0280(COD)
Proposal for a directive
Recital 8
Recital 8
(8) New technologies enable the automated computational analysis of information in digital form, such as text, sounds, images or data, generally known as text and data mining. Those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends. Whilst text and data mining technologies are prevalent across the digital economy, there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation. However, in the Union, research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content. In certain instances, text and data mining may involve acts protected by copyright and/or by the sui generis database right, notably the reproduction of works or other subject-matter and/or the extraction of contents from a database. Where there is no exception or limitation which applies, an authorisation to undertake such acts would be required from rightholders. Text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright andor legally accessible, for which in such instances no authorisation would be required.
Amendment 149 #
2016/0280(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) In the context of public-private partnerships, a private organisation should intervene only if it represents a structure with a non-commercial purpose and if it has legitimate access to the content.
Amendment 213 #
2016/0280(COD)
Proposal for a directive
Recital 18
Recital 18
(18) An act of preservation may require a reproduction of a work or other subject- matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders. Cultural heritage institutions are engaged in the preservation of their collections for future generations. Digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges. In view of these new challenges, it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation for these cultural heritage institutions.
Amendment 227 #
2016/0280(COD)
Proposal for a directive
Recital 21
Recital 21
(21) For the purposes of this Directive, works and other subject-matter should be considered to be permanently in the collection of a cultural heritage institution when copies of these protected works or other subject-matter are owned or permanently held by the cultural heritage institution, for example as a result of a transfer of ownership or licence agreementsf the work or other subject-matter or licence agreements, thereby enabling the file to be stored on the institution's server.
Amendment 234 #
2016/0280(COD)
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) Where content generated or made available by a user involves the short and proportionate use of a quotation or of an extract of a protected work or other subject-matter for a legitimate purpose, such use should be protected by the exception provided in this Directive. This exception should only be applied in certain special cases which do not conflict with normal exploitation of the work or other subject-matter concerned and do not unreasonably prejudice the legitimate interests of the rightholder. For the purpose of assessing such prejudice, the degree of originality of the content concerned, the length/extent of the quotation or extract used, the professional nature of the content concerned or the degree of economic harm must be examined, where relevant, while not precluding the legitimate enjoyment of the exception. This exception should be without prejudice to the moral rights of the authors of the work or other subject- matter.
Amendment 238 #
2016/0280(COD)
Proposal for a directive
Recital 21 b (new)
Recital 21 b (new)
(21 b) Despite some overlapping with existing exceptions or limitations, any content that is uploaded or made available by a user that reasonably includes extracts of protected works or other subject-matter is not covered by Article 5 of Directive 2001/29/EC. A situation of this type creates legal uncertainty for both users and rightholders. It is therefore necessary to provide a new specific exception to permit the legitimate uses of extracts of pre-existing protected works or other subject-matter within content that is uploaded or made available by users.
Amendment 239 #
2016/0280(COD)
Proposal for a directive
Recital 21 b (new)
Recital 21 b (new)
(21 b) Information society service providers cannot claim to be covered by the exception provided for in this directive, for the use of quotations or extracts from protected works or other subject-matter in content that is uploaded or made available by users, to relieve them of their responsibility or reduce the scope of their obligations according to the provisions of Article 13 of this directive.
Amendment 255 #
2016/0280(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Member States should, within the framework provided for in this Directive, have flexibility in choosing the specific type of mechanism allowing for licencesto be used for out-of- commerce works to extend to the rights of rightholders that are not represented by the collective management organisation, in accordance to their legal traditions, practices or circumstances. Such mechanisms can include extended collective licensing and presumptions of representation. This directive should not anticipate any specific solutions developed in Member States to handle the mass digitisation of out-of-commerce works.
Amendment 284 #
2016/0280(COD)
Proposal for a directive
Recital 31
Recital 31
(31) A free and pluralist press is essential to ensure quality journalism and citizens' access to information. It provides a fundamental contribution to public debate and the proper functioning of a democratic society. In the transition from print to digital, publishers of press publicationress agencies and publishers are facing problems in licensing the online use of their publications and recouping their investments. In the absence of recognition of publishers of press publicationThis is largely due to the fact that some news aggregators use press agencies' and publishers' content without purchasing a licence and without making suitable payment for the work provided. News aggregators are responsible for the content that they make publicly available. In the absence of recognition of press agencies and publishers as rightholders, licensing and enforcement in the digital environment isare often complex and inefficient.
Amendment 300 #
2016/0280(COD)
Proposal for a directive
Recital 32
Recital 32
(32) The organisational and financial contribution of press agencies and publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry. It is therefore necessary to provide at Union level a harmonised legal protection for press publications in respect of digital uses. Such protection should be effectively guaranteed through the introduction, in Union law, of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital and analogue uses.
Amendment 318 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to define the concept of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weekly or monthly magazines of general or special interest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection does not extend to acts of hyperlinking whichen such acts do not constitute communication to the public.
Amendment 331 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The rights granted to the publishers of press publications and press agencies under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned. TheyArticles 2 and 3(2) of Directive 2001/29/EC and Articles 3 and 9 of Directive 2006/115/EC, insofar as the use of press publications is concerned. Short extracts of copyrighted press publications constitute reproduction given their economic value. Their unauthorised use should therefore be prohibited unless they are being used in a private and non- commercial context. These rights should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive. The protection afforded to press agencies and publishers by this Directive should include any content generated automatically by news aggregators.
Amendment 338 #
2016/0280(COD)
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34 a) When extracts are re-used by an aggregator, it should be possible for the press agency or publisher to decide for specific reasons to award the aggregator a licence free of charge.
Amendment 347 #
2016/0280(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The protection granted to publishers of press publications and press agencies under this Directive should not affect the rights of the authors and other rightholders in the works and other subject- matter incorporated therein, including as regards the extent to which authors and other rightholders can exploit their works or other subject-matter independently from the press publication in which they are incorporated. Therefore, publishers of press publications and press agencies should not be able to invoke the protection granted to them against authors and other rightholders. This is without prejudice to contractual arrangements concluded between the publishers of press publications or press agencies, on the one side, and authors and other rightholders, on the other side.
Amendment 354 #
2016/0280(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Press agencies and publishers, including those of press publications, books orand scientific publications, often operate on the basis of the transfer of authors' rights by means of contractual agreements or statutory provisions. In this context, publishers make an investment with a view to the exploitation of the works contained in their publications and may in some instances be deprived of revenues where such works are used under exceptions or limitations such as the ones for private copying and reprography. In a number of Member States compensation for uses under those exceptions is shared between authors and publishers. In order to take account of this situation and improve legal certainty for all concerned parties, Member States should be allowed to determine that, when an author has transferred or licensed his rights to a publisher or press agency or otherwise contributes with his works to a publication and there are systems in place to compensate for the harm caused by an exception or limitation, publishers and press agencies are entitled to claim a share of such compensation, whereas the burden on the publisher to substantiate his claim should not exceed what is required under the system in place.
Amendment 358 #
2016/0280(COD)
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36 a) The obligation to acquire licences should also apply to news aggregators.
Amendment 375 #
2016/0280(COD)
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37 a) It should be clearly noted that the mechanism providing exemption from liability does not apply to services that play an active role in uploading copyrighted works or subject-matter. Accordingly, UUC services undertaking acts of communication to the public through their essential intervention in the act of communication to the public initiated by uploaders are not covered by Directive 2000/31/EC where copyright is concerned, and are therefore subject to the provisions of Directive 2001/29/EC in the same way as providers of online content services.
Amendment 384 #
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 to the public, they are obliged to conclude licensing agreements with rightholders, 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 reproduction as well as an act of communication to the public, including the act of making content available, the process of which began with the uploading by their users of the copyrighted works and subject-matter, they are obliged to conclude licensing agreements with rightholders who so request, covering rights of reproduction and communication to the public, 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. In respect of the liability exemption provided for in Article 14, it is necessary to verify whether the service provider plays an active role, including by optimising copyrighted uploaded content for the purpose of selection, categorisation or aggregation, or by promoting or recommending them, irrespective of the means used to that end. Where a service provider plays an active role it cannot be exempt from liability as provided for in Article 14 of Directive 2000/31/EC. Unless they are acting in a professional capacity, the liability of service users for copyrighted acts is covered by the licensing contracts concluded by the rightholders with the service providers. _________________ 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 432 #
2016/0280(COD)
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38 a) In order to ensure the correct functioning of any licensing agreement, or to prevent unauthorised access to copyright protected works or other subject-matter uploaded by the users, information society service providers storing and disseminating this content and providing public access to it must take appropriate and proportionate measures to ensure the protection of these copyrighted works and other subject- matter, for example by implementing effective technologies.
Amendment 433 #
2016/0280(COD)
Proposal for a directive
Recital 38 b (new)
Recital 38 b (new)
(38 b) This obligation is also incumbent upon those information society service providers that can claim the liability exemption provided for in Article 14 of Directive 2000/31/EC when they store or provide public access to a significant amount of copyrighted works and other subject-matter uploaded by their users. A service provider not taking appropriate action or not responding effectively to requests made by rightholders to enter into licensing agreements will not be able to claim the protection provided by Article 14 (1) of Directive 2000/31/EC.
Amendment 439 #
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 shouldmust provide the necessary data to allow the services to identify their content and the services shouldmust 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 cases when the measures and technologies established on the basis of this Directive affect the uploading of content that is covered by an exception or authorisation, service suppliers must be required to set up complaint and redress mechanisms for the benefit of the users whose content has been affected by these measures. Such mechanisms must maintain a balance between the need to ensure that content covered by exceptions to copyright or authorisations is not unduly affected by the measures, and the need to ensure that complaint and redress mechanisms do not unreasonably prejudice the effectiveness of the measures. To achieve this aim, the complaint and redress mechanisms must allow rightholders to receive adequate information to assess complaints and respond to them. The complaint and redress mechanisms must also allow a suitable period of time for rightholders to respond to complaints.
Amendment 454 #
2016/0280(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) The technical measures established should make it possible, at the request of and in association with the rightholders, to recognise given target content. Their aim is not to impose a general obligation to check and run data searches on the content, and do not require the use of the personal data of the end user. These measures are therefore fully compatible with Article 15 of Directive 2000/31/EC and the European Charter of Fundamental Rights.
Amendment 456 #
2016/0280(COD)
Proposal for a directive
Recital 39 b (new)
Recital 39 b (new)
(39 b) Member States should ensure that an intermediate mechanism exists enabling service providers and rightholders to find an amicable solution to any dispute arising from the terms of their cooperation agreements. To that end, Member States should appoint an impartial body with all the relevant competence and experience to assist the parties in the resolution of their dispute.
Amendment 457 #
2016/0280(COD)
Proposal for a directive
Recital 39 c (new)
Recital 39 c (new)
(3 c) It should be recalled that, both in general and in the light of the references to Article 3 of Directive 2001/29/EC made in this directive, a copyrighted work and/or other subject-matter is communicated to the public and/or made available to the public when a natural or legal person affords access to it to persons outside their close and personal circle, defined as being their family or most immediate associates. For this purpose it makes no difference whether the latter can gain access to the copyrighted works and/or other subject-matter at the same place or in different places, and at the same time or at different times.
Amendment 459 #
2016/0280(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration. As authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights, they need information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency. Therefore, the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers. The obligation to provide information must be transmitted with the rights and must therefore accompany the work however it is used and irrespective of who is using it or the location.
Amendment 466 #
2016/0280(COD)
Proposal for a directive
Recital 41
Recital 41
(41) When implementing transparency obligations, the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered. Member States should consult all relevant stakeholders as that should help determine sector-specific requirementwill ensure that the representative organisations of all relevant stakeholders determine sector-specific requirements and establish standardised procedures and formats for presenting the information in each sector, promoting automated processing making use of digital technologies and international identifiers of works. Collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency. To enable the adaptation of current reporting practices to the transparency obligations, a transitional period should be provided for. The transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under Directive 2014/26/EU.
Amendment 476 #
2016/0280(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Certain contracts for the exploitation of rights harmonised at Union level are of long duration, offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title. Therefore, without prejudice to the law applicable to contracts in Member States, there should by could institute a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance, including in light of the transparency ensured by this Directive. The assIt is essment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectorsial that the contractual position of authors and performers be strengthened so that they can enjoy fair, non-assignable remuneration and so as to avoid power imbalances between the parties. Such a provision would apply only to the parties directly linked contractually. Where the parties do not agree on the adjustment of the remuneration, the author or performer should be entitled to bring a claim before a court or other competent authority or to terminate his or her contract.
Amendment 526 #
2016/0280(COD)
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a (5) ‘lawful access’ means access to content obtained in accordance with the applicable legislation;
Amendment 527 #
2016/0280(COD)
Proposal for a directive
Article 2 b (new)
Article 2 b (new)
Article 2b (6) ‘automated image referencing service’ means any online service which reproduces or makes available to the public for indexing and referencing purposes graphic or art works or photographic works collected by automated means via a third-party online service;
Amendment 535 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out, with the rightholders’ consent, text and data mining of works or other subject- matter to which they have lawful access for thenon-commercial purposes of scientific research.
Amendment 563 #
2016/0280(COD)
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Copies of content accessible for text and data mining (TDM) must be kept in a secure way. They may not be stored or preserved in any form beyond the end of the TDM project. Any copy preserved or stored for more than six months after the end of the project shall be considered an unlawful copy.
Amendment 577 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject- matter for the sole purpose of illustration for teaching, to the extent justified by the non-commercial purpose to be achieved, provided that the use:
Amendment 588 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staff, and lasts for the time required to illustrate the lesson;
Amendment 598 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) is confined to short extracts of written, printed or digital work, to works of which few copies were published or to individual articles from newspapers or periodicals which cannot be accessed individually and separately by those entitled to access them, and is accompanied by the indication of the source, including the author's name, unless this turns out to be impossible.
Amendment 601 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 (new)
Article 4 – paragraph 1 – subparagraph 1 (new)
The exception provided for paragraph 1 must allow the lesson to accessed by digital means both in the country in which the establishment providing it is situated and in that where the student is located;
Amendment 620 #
2016/0280(COD)
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Member States availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences authorising the acts described in paragraph 1 for educational establishments.
Amendment 640 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States may provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject-matter pursuant to paragraph 1. Article 5 Preservation of cultural heritage Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions, designated as such by their Member States to make copies of any works or other subject-matter that are permanently in their collections, in any format or medium, on condition that it is not feasible to acquire copies of them, for the sole purpose of the preservation of such works or other subject-matter and to the extent necessary for such preservation.
Amendment 648 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1 (new)
Article 5 – paragraph 1 – subparagraph 1 (new)
Works permanently in a collection are those works which are the property of the cultural heritage institution, and not works held under licence and accessible via a third-party server.
Amendment 653 #
2016/0280(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Automated image-referencing services may also fall within the scope of this exception for the purpose of the preservation of such works or subject- matter and to the extent necessary for such preservation.
Amendment 658 #
2016/0280(COD)
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Use of extracts from pre-existing works and other subject-matter in content uploaded or made available by users (1) Member States shall provide for an exception to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, point (a) of Article 5 and Article 7(1) of Directive 96/9/EC, and point (a) of Article 4(1) of Directive 2009/24/EC in order to allow for the use of extracts from pre- existing works and other subject-matter in content uploaded or made available by users, other than in the course of their work, for purposes such as criticism, review, illustration, caricature, parody or pastiche, provided that the extracts: (a) relate to works or other subject-matter that have been lawfully made available to the public; (b) are accompanied by the indication of the source, including the author’s name, unless this turns out to be impossible; and (c) are used in accordance with fair practice and in a manner that does not extend beyond the specific purpose for which they are being used. (2) Any contractual provision contrary to the exception provided for in this Article shall be unenforceable. (3) This exception shall be without prejudice to the provisions of Article 13 of this Directive.
Amendment 672 #
2016/0280(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Accessing content covered by an exception provided for in this Directive shall not confer on users any entitlement to use it pursuant to another exception. 2. Article 5(5) and the first, third, fourth and fifth subparagraphs of Article 6(4) of Directive 2001/29/EC shall apply to the exceptions and the limitation provided for under this Title.
Amendment 723 #
2016/0280(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video-on-demand platforms face difficulties relating to the licensing of rights, they may rely on the assistance of an impartial body with relevant experience. That body shall provide assistance with negotiation and help reach agreements. This paragraph shall not apply to the licensing of copyrighted works and subject matter by the organisations referred to in Articles 3(a) et 2(3) of Directive 2014/26/EC.
Amendment 729 #
2016/0280(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a Member States shall require producers and the transferees of the rights to make every effort to ensure continuous exploitation of European audiovisual works, for example by making such works available to the public on video-on- demand platforms. Member States shall take appropriate measures to ensure compliance with the provisions of paragraph 1, for example by encouraging the conclusion of professional agreements between organisations representing authors, on the one hand, and producers and other stakeholders, on the other, as well as video-on-demand platforms, so as to ensure the continuous exploitation of audiovisual works.
Amendment 730 #
2016/0280(COD)
Proposal for a directive
Article 10 b (new)
Article 10 b (new)
Article 10b These provisions shall be without prejudice to the application of the rules relating to media chronology, the freedom of a producer or distributor to accord exclusive rights to the exploitation of the audiovisual works in question and the freedom of a broadcaster or on-demand video platform to acquire and distribute or make available on demand the works of its choice, in line with its editorial freedom and responsibility.
Amendment 737 #
2016/0280(COD)
Proposal for a directive
Article 11 – title
Article 11 – title
Protection of press publications concerning digital uses
Amendment 753 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications and press agencies with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications.
Amendment 775 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Articles 5 to 8 of Directive 2001/29/EC and Directive 2012/28/EU shall apply mutatis mutandis in respect of the rights referred to in paragraph 1News aggregators shall use press agencies' and publishers' content and shall be responsible for the content that they make publicly available.
Amendment 776 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Publishers and news agencies must also be safeguarded, by licensing arrangements for example, when it comes to the mass exploitation of their content, particularly with regard to content aggregators or rightholders.
Amendment 794 #
2016/0280(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1 (new)
Article 12 – paragraph 1 – subparagraph 1 (new)
Member States may provide for an exception or limitation to the rights referred to in Articles 2 and 3 of Directive 2001/29/EC so that works can be made available to the public by means of automated image referencing, provided that rightholders are compensated fairly.
Amendment 805 #
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 otheworks or subject-matter uploaded by their users
Amendment 840 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
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, for example regarding content uploaded by users and withdrawn by service providers for no valid reason. The rightholders concerned must deal with the complaint within a reasonable period and provide adequate justification for the rights claimed by them.
Amendment 849 #
2016/0280(COD)
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Regarding disputes over the application of the measures referred to in paragraph 1, for example as regards the application of a possible exception or authorisation for use for the content concerned, such mechanisms may not unduly detract from the effectiveness of the measures referred to in paragraph 1.
Amendment 860 #
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. The Commission shall encourage the exchange of best practices across the European Union.
Amendment 873 #
2016/0280(COD)
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a Member States shall provide that disputes between successors in title and information society services regarding the application of Article 13(1) may be subject to an alternative dispute resolution system. Member States shall establish or designate an impartial body with the necessary expertise, with the aim of helping the parties to settle their disputes under this system. The Member States shall inform the Commission of the establishment of this body no later than (date mentioned in Article 21(1)).
Amendment 933 #
2016/0280(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performers are entitled to request additional, appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low or unexpected compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances, provided that these measures are not included in the initial contract. Member States may provide that this right expires if it is not exercised within a reasonable period from the act of exploitation in question.
Amendment 992 #
2016/0280(COD)
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
Directive 2001/29/EC
Article 12 – paragraph 4 – point g a (new)
Article 12 – paragraph 4 – point g a (new)
2a. In Article 12(4) the following point is added: "(ga) to add publishers and press agencies to the list of beneficiaries of related rights listed in Article 2 of Directive 2001/29/EC as regards the reproduction right."
Amendment 72 #
2016/0238(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In accordance with Article 2(2) of Regulation (EU) No 1380/2013, the maximum sustainable yield exploitation rate is to be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks.
Amendment 73 #
2016/0238(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) For the achievement of the objectives of the CFP, a number of conservation measures are to be adopted as appropriate in any combination thereof, such as multi-annual plans, technical measures, fixing and allocation of fishing opportunities in full accordance with the best available scientific advice.
Amendment 83 #
2016/0238(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The objective of this plan should be to contribute to the achievement ofachieve the objectives of the CFP, and especially reachstoring and maintaining MSY for the stocks concernedall populations of fish stocks to which this Regulation applies above levels capable of producing MSY, contributing to the implementation of the landing obligation for demersal stocks subject to catch limits and contributing to the implementation of the ecosystem-based approach to fisheries management.
Amendment 91 #
2016/0238(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) It is appropriate to establish the target fishing mortality (F) that corresponds to the objective of reaching and maintaining MSY as ranges of values which are consistent with achieving maximum sustainable yield (FMSY). Those ranges, based on scientific advice, are necessary in order to provide flexibility to take account of developments in the scientific advice, to contribute to the implementation of the landing obligation and to take into account the characteristics of mixed fisheries. The FMSY ranges have been calculated by the International Council for the Exploration of the Sea (ICES) and are derived to deliver no more than a 5% reduction in long-term yield compared to MSY40 . The upper limit of the range is capped, so that the probability of the stock falling below Blim or Abundancelimit is no more than 5%. That upper limit also conforms to the ICES “advice rule”41 , which indicates that when the spawning biomass or abundance is in a poor state, F be reduced to a value that does not exceed an upper limit equal to the FMSY point value multiplied by the spawning biomass or abundance in the TAC year divided by MSY Btrigger or Abundancelimit. ICES uses these considerations and advice rule in its provision of scientific advice on fishing mortality and catch options. _________________ 40EU request to ICES to provide FMSY ranges for selected North Sea and Baltic Sea stocks 41General context of ICES advice, July 2015maximum sustainable yield exploitation rate should be the upper limit for exploitation.
Amendment 94 #
2016/0238(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 97 #
2016/0238(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Where the targets relating to MSY are not available, the precautionary approach should applymeasures should be based on the precautionary approach to fisheries management as defined in point 8 of Article 4(1) of Regulation (EU) No 1380/2013 in order to guarantee a degree of conservation at least comparable to exploitation rates with the maximum sustainable yield.
Amendment 156 #
2016/0238(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) “MSY Btrigger” means the spawning stock biomass reference point below which additional specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term.
Amendment 158 #
2016/0238(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)
Article 2 – paragraph 1 – point 10 a (new)
(10a) “Best available scientific advice” means the most up-to-date data available that meet all the requirements set out in Regulation (EU) No 1380/2013, in particular Article 25 thereof.
Amendment 161 #
2016/0238(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The plan shall contribute to the achievement ofachieve the objectives of the common fisheries policy listed in Article 2 of Regulation (EU) No 1380/2013, in particular by applying the precautionary approach to fisheries management, and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield. The maximum sustainable yield exploitation rate shall be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks, and shall be maintained thereafter.
Amendment 185 #
2016/0238(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The target fishing mortality shall be achieved as soon as possible, and on a progressive, incremental basis by 2020 for the stocks of Groups 1 and 2all harvested stocks, and shall be maintained thereafter within the ranges set out in Annex I.
Amendment 189 #
2016/0238(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In accordance with Article 16(4) of Regulation (EU) No 1380/2013, fishing opportunities shall comply with the target fishing mortality ranges set out in Annex I, column A to this Regulation.
Amendment 190 #
2016/0238(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Notwithstanding paragraphs 1 and 2, fishing opportunities may be fixed at levels corresponding to lower levels of fishing mortality than those set out in Annex I, column A.
Amendment 192 #
2016/0238(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 215 #
2016/0238(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Fishing opportunities for the stocks of Groups 3 and 4 shall be consistent with best available scientific advice related to maximum sustainable yield.
Amendment 220 #
2016/0238(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. In the absence of scientific advice on fishing mortality rate consistent with maximum sustainable yield, fishing opportunities and measures shall be consistent with best available scientific advice to ensure the sustainability of the stocks in line with the precautionary approach.
Amendment 235 #
2016/0238(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
Stocks of Group 5 shall be managed based on the precautionary approach and in line with best available scientific advice in order to guarantee a degree of conservation at least comparable to exploitation rates with the maximum sustainable yield.
Amendment 259 #
2016/0238(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
When scientific advice indicates that remediadditional action is required for the conservation of any of the demersal stocks of Groups 3 to 7, or when the spawning biomass of any of the stocks in Group 1 or abundance of any of the functional units in Group 2 for a given year is below the conservation reference points set out in Annex II, column A to this Regulation, the Commission is empowered to adopt delegated acts in accordance with Article 18 of this Regulation and Article 18 of Regulation (EU) No 1380/2013to ensure that any of the fisheries to which this Regulation applies is managed in accordance with Article 3 of this Regulation, the Commission is empowered to adopt delegated acts in accordance with Article 18 of this Regulation and Article 18 of Regulation (EU) No 1380/2013. Notwithstanding Article 18(1) and (3) of Regulation (EU) No 1380/2013, the Commission may adopt delegated acts in the absence of a joint recommendation referred to in those paragraphs. These delegated acts shall include measures regarding:
Amendment 266 #
2016/0238(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. When allocating quotas, Member States shall take into account objective and transparent criteria pursuant to Article 17 of Regulation (EU) No 1380/2013, including the impact of fishing on the environment, the history of compliance, the contribution to the local economy and historic catch levels.
Amendment 277 #
2016/0238(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) exemptions from the application of the landing obligation for species for which the best available scientific evidenadvice demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practices and of the ecosystem, to facilitate the implementation of the landing obligation; and
Amendment 279 #
2016/0238(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point c
Article 11 – paragraph 1 – point c
(c) specific provisions on documentation of catches, in particular for the purpose of monitoring the implementation ofand controlling in order to ensure a level playing field by ensuring full compliance with the landing obligation ; and
Amendment 315 #
Amendment 319 #
2016/0238(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Annex Ia Target fishing mortality (as referred to in Article 4) 1. Group 1 Target fishing mortality range consistent with achieving maximum sustainable yield (FMSY) North Sea cod FMSY lower – FMSY Haddock FMSY lower – FMSY North Sea plaice FMSY lower – FMSY Saithe FMSY lower – FMSY North Sea sole FMSY lower – FMSY Kattegat sole FMSY lower – FMSY North Sea whiting Not defined 2. Group 2 Norway lobster functional unit (FU) Target fishing mortality range consistent with achieving maximum sustainable yield (FMSY) (as harvest rate) Division IIIa FU 3 and 4 FMSY lower - FMSY Farn Deeps FU 6 FMSYl ower - FMSY Fladen Ground FU 7 FMSY lower - FMSY Firth of Forth FU 8 FMSY lower - FMSY Moray Firth FU 9 FMSY lower - FMSY
Amendment 231 #
2016/0074(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) Simplification of the existing rules is necessary for a better understanding and compliance by operators, national authorities and stakeholders; the consultation process of the Advisory Council should be respected in line with Regulation (EU) 1380/2013;attention should be paid to ensure that all objectives on conservation and sustainability are fully respected.
Amendment 243 #
2016/0074(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Technical measures should contribute to achieving the CFP objectives to fish atso as to restore and maintain fish stocks at levels capable of producing maximum sustainable yield levels, reduce unwanted catches and eliminate discards and to contribute to the achievement of good environmental status (GES) as set out in Directive 2008/56/EC of the European Parliament and of the Council18 . _________________ 18 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (OJ L 164, 25.6.2008, p.19).
Amendment 250 #
2016/0074(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) In order to achieve the objectives set out in Regulation (EU) 1380/2013, technical measures must be based on a result based management approach. Quantifiable targets are needed to develop such a successful result based management. Member States must monitor the progress towards achieving these targets.
Amendment 252 #
2016/0074(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8 b) The incidental catching of protected species should be addressed in a comprehensive manner across all fisheries and gear types in view of the strict level of protection they are afforded under Directive 92/43/EEC, their high level of vulnerability and the obligation to achieve a good environmental status by 2020.
Amendment 254 #
2016/0074(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) To evaluate the effectiveness of technical measures, targets relating to the levels of unwanted catches; to the levelelimination of bycatches of sensitive species and to the extent of seabed habitats adversely affected by fishing; should be established that reflect the objectives of the CFP, Union environmental legislation (in particular Council Directive 92/43, Directive 2009/147/EC and Directive 2000/60/EC of the European Parliament and of the Council21 ), and international best practices. _________________ 21 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy OJ L 327, 22.12.2000, p.1.
Amendment 265 #
2016/0074(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) For certain rare fish species, such as species of sharks and rays that are rare or whose biological characteristics make them especially vulnerable to overexploitation, even limited fishing activity could result in a serious risk to their conservation. To protect such species a general prohibition on fishing for them should be introduced.
Amendment 268 #
2016/0074(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to assist the catching sector implement and to ensure a level playing field by having full compliance with the landing obligation, Member States should put in place measures to facilitate the storage and the finding of outlets for marine species which are below the minimum conservation reference size. These measures should include support for investment in the construction and adaptation of landing sites and shelters or support for investment to add value to fishery products.
Amendment 269 #
2016/0074(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In cases where scientific advice indicates that there are significant unwanted catches of species which are not subject to catch limits and therefore not subject to the application of the landing obligation, Member States should carry out pilot projects with the aim of exploring ways to reduce such catches and with a view to introducing appropriate technical measures to achieve this aim.
Amendment 273 #
2016/0074(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Member States in conjunction with stakeholders canshould develop joint recommendations for appropriate and sustainable technical measures based on the best available scientific advice that deviate from the baselines in accordance with the regionalisation process set out in the CFP, even if there is no multiannual plan.
Amendment 275 #
2016/0074(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) When no multiannual plans are in place or are applicable and when needed for the conservation of stocks or of the marine environment, the Commission may adopt technical measures for specific regions by way of delegated acts.
Amendment 278 #
2016/0074(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Such regional technical measures should be sustainable and as a minimum be equivalent in terms of exploitation patterns and protection for sensitive species and habitats as the baseline standards. The adoption of any regional technical measure should be based on the best available scientific advice.
Amendment 282 #
2016/0074(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) Decisions taken by regional groups of Member States under regionalisation should meet the same standards of democratic oversight as those in the concerned Member States.
Amendment 287 #
2016/0074(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In developing joint recommendations to amend or establish minimum conservation reference sizes in multiannual plans, regional groups of Member States should ensure the objectives of the CFP are not jeopardisachieved by ensuring that the protection of juveniles of marine species should beis fully respected while ensuring that no distortion is introduced into the market and that no market for fish below minimum conservation reference sizes is created.
Amendment 298 #
2016/0074(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to minimisze and, where possible, eliminate the bycatches of sensitive species and impacts of fishing gears on sensitive habitats, regional groups of Member States should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats. Where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then Member States should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region. In particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds.
Amendment 304 #
2016/0074(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to update the list of fish and shellfish for which directed fishing is prohibited; to update the list of sensitive areas where fishing should be restricted; to adopt technical measures as part of multiannual plans or outside the framework of a multiannual plan if needed; and to adopt technical measures as part of temporary discard plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and based on STECF assessment. 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 to the Council.
Amendment 310 #
2016/0074(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to activities pursued by Union fishing vessels and nationals of Member States, without prejudice to the primary responsibility of the flag State, in the fishing zones referred to in Article 5, in waters of third countries and high seas as well as by fishing vessels flying the flag of, and registered in, third countries when fishing in Union waters, without prejudice to existing rules applicable in third country waters or RFMOs.
Amendment 318 #
2016/0074(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. As tools to support the implementationconservation of fishery resources and the protection of marine ecosystems as part of the Common Fisheries Policy (CFP), technical measures shall contribute to the objectives of the CFP set out in Article 2 of Regulation (EU) No 1380/2013 and in particular in paragraphs 2, 3 and 5(a) and (j) of that Article.
Amendment 320 #
2016/0074(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) optimisensure sustainable exploitation patterns to provide protectionhat guarantee the conservation of fisheries resources and protect the sensitive sizes and ages, in particular for juveniles and spawning aggregations of marine species;
Amendment 324 #
2016/0074(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(a a) support the achievement of Descriptors 1, 3, 4 and 6, laid down in Annex I of 2008/56/EC.
Amendment 331 #
2016/0074(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) contribute to having inensure that place fisheries management measures for the purposes of complying with the obligations under Directives 92/43/EEC, 2009/147/EC, 2008/56/EC and 2000/60/EC.
Amendment 334 #
2016/0074(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Technical measures shall aim to achieve the following targets:
Amendment 354 #
2016/0074(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(c a) ensure that by-catches of unwanted fish are progressively and gradually eliminated with the aim of ensuring that the criteria provided for Descriptors 1, 3 and 4, laid down in Part B of the Annex to the Commission Decision 2010/477/EU, are fulfilled.
Amendment 359 #
2016/0074(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall monitor the effectiveness of technical measures in achieving these targets. The extent to which these targets have been achieved shall be reviewed as part of the reporting process set out in Article 34.
Amendment 368 #
2016/0074(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 1
Article 6 – paragraph 1 – point 1
(1) ‘exploitation pattern’ means how fishing pressure is distributed across the age and size profile of a stock;
Amendment 372 #
2016/0074(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 3
Article 6 – paragraph 1 – point 3
(3) ‘selective fishing’ means a fishing method’s ability to target and capture fish or shellfish by size and species type during the fishing operation allowing non-target species and juveniles of regulated species to be avoided or released unharmed;
Amendment 383 #
2016/0074(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 7
Article 6 – paragraph 1 – point 7
(7) ‘sensitive species’ means a species whose conservation status, including its habitat, distribution, population size andor population condition is adversely affected by pressures arising from human activities, including fishing activities. Sensitive species, in particular, include species listed in Annexes II and IV of Directive 92/43/EEC, species covered by Directive 2009/147/EC and species whose protection is necessary to achieve good environmental status under Directive 2008/56/EC;
Amendment 389 #
2016/0074(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 10
Article 6 – paragraph 1 – point 10
(10) ‘Advisory Councils’ means stakeholder groups established under the CFPin accordance with Articles 43 to 45 of Regulation No 1380/2013 to promote a balanced representation of all stakeholders and to contribute to the achievement of the objectives of the CFP;
Amendment 411 #
2016/0074(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point 42
Article 6 – paragraph 1 – point 42
(42) ‘high grading’ means the practice of discarding low priced fish that are subject to catch limits, even though they cshould have been legally landed, so as to maximise the total economic or monetary value of the fish brought back to harbour.
Amendment 424 #
2016/0074(COD)
Notwithstanding the provisions of Article 2, this Article shall apply to waters on the high seas and to the waters of third countries.
Amendment 441 #
2016/0074(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. Notwithstanding paragraph 10(3) of this regulation, national or regional authorities may grant exceptions to the ban for small scale costal fisheries fishing within the area of four nautical miles measured from the baselines.
Amendment 453 #
2016/0074(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. When caught as bycatches, species referred to in paragraph 1 and 2 shall not be harmed and specimens shall be promptly released back into the sea. Such catches shall be recorded in line with Article 25 of Regulation (EU) 1380/2013.
Amendment 455 #
2016/0074(COD)
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Where the best available scientific advice indicates that an amendment of the list in Annex I is necessary through the addition of new species which require protection, the Commission shall be empowered to adopt such amendments by means of delegated acts in accordance with Article 32.
Amendment 456 #
2016/0074(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Measures adopted pursuant to paragraph 4 of this Article shall aim at achieving the targets set out in Article 4(1)(b).
Amendment 460 #
2016/0074(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. When caught as bycatch, species referred to in paragraph 1 shall not be harmed and specimens shall be promptly released as well as recorded in accordance with Commission Implementing Decision (EU) 2016/1251.
Amendment 466 #
2016/0074(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Measures adopted pursuant to in paragraph 4 of this Article shall aim at achieving the targets set out in Article 4(1)(b).
Amendment 475 #
2016/0074(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Measures adopted pursuant to paragraphs 2 and 3 of this Article shall aim at achieving the targets set out in Article 4(1)(c).
Amendment 485 #
2016/0074(COD)
Proposal for a regulation
Article 17 – title
Article 17 – title
Amendment 487 #
2016/0074(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States mayshould conduct pilot projects with the aim of exploring methods for the avoidance, minimisation and elimination of unwanted catches of the species not subject to catch limits. Those pilot projects shall take account of the opinions of the relevant Advisory Councils and be based on best available scientific advice.
Amendment 489 #
2016/0074(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where the results of those pilot studies or other scientific advice indicate that unwanted catches of species which are not subject to catch limits are significant, Member States mayshould establish technical measures to avoid or as far as possible reduce those unwanted catches in accordance with the procedure set out in Article 19 of Regulation (EU) 1380/2013 or in Article 18 and 19 of this Regulation. Those technical measures shall apply solely to fishing vessels flying the flag of that Member State.
Amendment 501 #
2016/0074(COD)
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. Notwithstanding paragraph 2, the Commission may adopt technical measures at regional level by means of delegated acts in the absence of a joint recommendation referred to in that paragraph.
Amendment 504 #
2016/0074(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18 a Levels of catches of marine species below minimum conservation reference sizes 1.In accordance with the procedure set out in Article 18 of Regulation (EU) No 1380/2013, Member States may submit joint recommendations defining the levels referred to in Article 4(1)(a) and the implementing methods for measuring the compliance with these levels. 2.The levels referred to in paragraph 1 shall be defined within a range from 0 to 10% for each fishery and each metier and shall aim at reducing the level of catches of marine species below minimum conservation reference sizes, on the basis of the best available scientific data. 3.Where no joint recommendation is submitted by [1 January 2019], the Commission shall be empowered to adopt delegated acts defining the elements referred to in paragraph 1, in accordance with Article 32 of this Regulation.
Amendment 506 #
2016/0074(COD)
Proposal for a regulation
Article 19 – title
Article 19 – title
Amendment 510 #
2016/0074(COD)
Proposal for a regulation
Article 19 – paragraph 2 – point b
Article 19 – paragraph 2 – point b
(b) derogate from the measures set out in Annexes V to XI for a specific area or time period, provided it can be demonstrated based on the best available scientific advice that those measures have no conservation benefit in that area or period or that the alternative measures achieve the same objectives.
Amendment 511 #
2016/0074(COD)
Proposal for a regulation
Article 19 – paragraph 4 – point c
Article 19 – paragraph 4 – point c
(c) provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact through the allocation of fishing opportunities in line with Article 17 of Regulation (EU) No 1380/2013.
Amendment 514 #
2016/0074(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. The Commission mayshall, in accordance with Article 26 of Regulation (EU) No 1380/2013, require the STECF to assess the joint recommendations referred to in paragraph 5 and these assessments shall be made public.
Amendment 518 #
2016/0074(COD)
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. When Member States submit joint recommendations in accordance with Article 18 and Article 19 to define size selective and species selective gears, they shall provide evidence demonstrating that those gears meet at least one of the following criteria:
Amendment 524 #
2016/0074(COD)
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
If Member States do not adopt joint recommendations, the Commission may adopt delegated acts establishing closed or restricted areas on the basis of the best available scientific advice.
Amendment 526 #
2016/0074(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
When Member States submit joint recommendations in accordance with Article 19 to amend or establish minimum conservation reference sizes listed in Part A of Annexes V to X they shall respect the objective of ensuring the protection of juveniles of marine species. Joint recommendations shall be based on the best available scientific advice and shall not put control and enforcement measures at risk.
Amendment 530 #
2016/0074(COD)
Proposal for a regulation
Article 23 – paragraph 1 – introductory part
Article 23 – paragraph 1 – introductory part
When Member States submit joint recommendations in accordance with Article 19 to allow for the creation of real- time closures and moving on provisions with the aim of ensuring the protection of aggregations of juveniles or spawning fish or shellfish species or other sensitive species, they shall include the following elements:
Amendment 544 #
2016/0074(COD)
Proposal for a regulation
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
Joint recommendations submitted by Member States in accordance with Article 19 to allow for the use of nature conservation measures to protect sensitive species and habitats mayshall in particular:
Amendment 546 #
2016/0074(COD)
Proposal for a regulation
Article 25 – paragraph 1 – indent 1
Article 25 – paragraph 1 – indent 1
- develop lists of sensitive species and habitats most at risk from fishing activities within the relevant region based on best available scientific advice;
Amendment 552 #
2016/0074(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. When Member States submit joint recommendations for the establishment of technical measures in temporary discard plans referred to in Article 15(6) of Regulation (EU) No 1380/2013, they mayshall contain the following elements:
Amendment 553 #
2016/0074(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The measures referred to in paragraph 1 shall aim at achieving the objectives set out in Article 3 of this Regulation and Article 2 (5) (a) of Regulation (EU) No 1380/2013 and in particular for the protection of aggregations of juveniles or spawning fish or shellfish species. The measures shall be at least as stringent as technical measures applicable under Union law.
Amendment 33 #
2015/2139(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, in light of the European Year of Development 2015 and, the review of the UN Millennium Development Goals, the role of culture in development should not be overlooke and the outcome of the UN Sustainable Development Summit 2015, the role of culture is instrumental in achieving sustainable development and eradicating poverty in the world;
Amendment 87 #
2015/2139(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes that increasing public investment and quality public-private partnerships in inclusive, quality and accessible education is the first step to providing equal access and opportunities for all;
Amendment 128 #
2015/2139(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Recognises the need to provide sustainable support to NGOs, youth organisations and training institutions to challenge extremism through active citizenship and empowerment of youth; calls in this regard on a renewed attention to the promotion of solidarity based intercultural society among young people through an implementation of the Europe for Citizens programme, in order to foster active citizenship which is open to the world, respects cultural diversity and is based on the common values of the European Union;
Amendment 168 #
2015/2139(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the European External Action Service to include culture as an integral element of external EU policy; calls on the Commission to mainstream cultural diplomacy and intercultural dialogue in all EU external relations instruments and in the EU development agenda; highlights the need to remove obstacles to mobility for artists, educators, academics and culture professionals, by harmonising and simplifying visa procedures to encourage cultural cooperation with all parts of the world;
Amendment 175 #
2015/2139(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recalls that cultural heritage represents the diversity of cultural expressions and therefore it should be protected and promoted through the adoption of harmonised legislation and international agreements, in close cooperation with UNESCO;
Amendment 181 #
2015/2139(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Recommends to the European Union to cooperate in making learning and schooling accessible for refugee children by continuing to support programs on access to education in humanitarian crises and to ensure integration of migrant students in Europe;
Amendment 28 #
2015/2093(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the techniques and equipment used for fishing have changed and have evolved, and the systems and techniques used for monitoring need to be also updated in order to be efficient; reminds that the EMFF could be used in this sense;
Amendment 33 #
2015/2093(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas Member States have different legal systems, and that the gathered evidence have to be admissible and usable in these different systems, specific to each Member State that does the prosecution;
Amendment 34 #
2015/2093(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas the best ally for implementing the control regulation are well trained, encouraged fishermen, who understand the benefits of these controls and actively respect them;
Amendment 35 #
2015/2093(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Stresses the importance of ensuring effective control of fisheries activities in order to guarantee sustainable exploitation of marine living resources and maintain a level playing field among EU fleets; calls on Member States to ensure effective implementation of the control regulation;
Amendment 36 #
2015/2093(INI)
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Underlines that EU ambitious fight against IUU all over the world should be matched by an effective application of the control regulation in our own waters;
Amendment 48 #
2015/2093(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges Member States to fully and properly implement the control regulation, in order to have a clear view of which parts need to be improved in the upcoming revision and thus to ensure a functional and easy applicable control regulation for the future as well;
Amendment 61 #
2015/2093(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Notes that the lack of trust and transparency between Member States is one of the key issues for the lack of data sharing regarding regulation; encourages the overcome of this situation in order to ensure and prove an equal level playing field among all fishermen;
Amendment 64 #
2015/2093(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the implementation by the EFCA of a ‘core curriculum’ for the training of fisheries inspectors is one startingan essential point for the standardisation of inspector training and control procedures; notes that Member States do not have, unless it is voluntarily so, the same training standards, which means that the content of qualifications, recruitment and objectives are different;
Amendment 66 #
2015/2093(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that fishermen are trained and informed differently and that no tool simplifying or granting easier access to the ‘control’ regulation has been put in place; is of the view that this situation is a disincentive to the uniform application of this legislation; strongly encourages the implementation of these tools as soon as possible in order to avoid this disincentive to the revised regulation;
Amendment 102 #
2015/2093(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers that a uniform and predictable application of the different types of possible inspections, through a full definition, harmonization and explanation of these inspections, would help ensure the necessary level playing field among all EU fisheries;
Amendment 114 #
2015/2093(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Encourages the Commission to develop control regulation application trainings for the national authorities, and underlines that Members States should make full use of these training programs;
Amendment 120 #
2015/2093(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Reminds the importance of having the capacity to share data in real time, especially during control operation done by the Agency in conjunction with the Member States and coordinated by the Agency through joint deployment plans;
Amendment 145 #
2015/2093(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Encourages the Commission and the Member States to consider the development of a harmonised minimum level penalty, applicable to serious infringements and/or repetitive illegal behaviour;
Amendment 151 #
2015/2093(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is of the view that the capacity ofEncourages the actors to invest in modern technologiesy and equipment, compatible with each other willone another and easily updateable, in order to make controls more efficient;
Amendment 164 #
2015/2093(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Supports the inclusion of the recreational fisheries impact in the revised control regulation;
Amendment 38 #
2015/2092(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas current innovations that improve the selectivity of fishing gear are frequently hindered by legislation;
Amendment 41 #
2015/2092(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the discard ban involves a radical change of approach to fisheries management, with special attention to demersal fisheries, and hence to technical measures in key areas such as catch composition;
Amendment 150 #
2015/2092(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that, in order to make CFP rules more acceptable to the fisheries sector and ensure compliance therewith, fishermen must be more involved in decision making, in particular within the RAC, given incentives such as more aid for innovation and encouraged to use more selective fishing gear;
Amendment 153 #
2015/2092(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Considers that the new legislative framework shall facilitate the further use of innovative fishing gears which have scientifically proven to increase the selectivity and simultaneously have a reduced impact on the environment;
Amendment 158 #
2015/2092(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers it necessary to maintain the co-decisionordinary legislative procedure for the adoption of rules common to all sea basins or for those are not likely to be amended within the foreseeable future; believes that measures adopted at regional level - through regionalisation - should be in line with the technical measures framework and coherent with the objectives of the CFP; considers that measures that need frequent changes shall be evaluated at regular periods on order to ensure they remain relevant purposeful;
Amendment 165 #
2015/2092(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 171 #
2015/2092(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 182 #
2015/2092(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 194 #
2015/2092(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that there is an urgent need to establish a coherent set of technical operational procedures for each of the three main basins, taking account of the specific nature of each, especially that of the Mediterranean, where Community decisions may have a significant impact on competition between European and third-country fishing fleets;.
Amendment 203 #
2015/2092(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Maintains that, notwithstanding the discard ban, provisions regarding technical measures in areas such as catch composition must be sufficiently flexible to adapt in real time to progress in the fisheries and more selective fishing techniquesin order to provide more opportunities for the fisheries sector to implement innovations regarding selective fishing methods into practice;
Amendment 233 #
2015/2092(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Maintains that it is necessary to devise future multiannual plans for achieving and maintaining stocks above the maximum sustainable yield, including an advance timetable, a conservaprecautionary safeguard trigger, a minimum target biomass, a mechanism for adapting to changes inupdated scientific thinkingadvice and a review clause; ;
Amendment 62 #
2015/2090(INI)
Motion for a resolution
Recital O
Recital O
O. Whereas the economic crisis is also making itself felt in the fisheries sector, diversification and innovation are necessary in order to increase employment, to take advantage of new possibilities such as blue and green development, and to prevencounteract the marginalisation of fisheries in developing regions;
Amendment 73 #
2015/2090(INI)
Motion for a resolution
Recital T
Recital T
T. whereas in the fisheries sector, more than in other sectors, the environment and the economy go hand in hand; whereas the blue development of the economy should be focused on sustainable and environmentally friendly projects and activities aimed at preserving the maritime environment and biodiversity as a whole, with specific support for environmentally friendly artisanal fishing activities which encourage biodiversity;
Amendment 83 #
2015/2090(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to propose, by means of regionalisation, a suitable definition of coastal, small-scale coastal and traditional fishing that will be based more on the socio-economic characteristics and specificities of a specific region and of selective fishing techniques than on the dimensions and power of fishing vessels;
Amendment 93 #
2015/2090(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to support projects that facilitate the development of the coastal, island and outermost regions, taking account of the diversity of socio- economic activities;
Amendment 174 #
2015/2090(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Expresses concern at and opposition to the non-selective approach being taken, consisting of banning the use in the Mediterranean region of traditional gears and techniques (e.g. banning the use of gillnets outside of the category of commercial fishing), which form part of the local inhabitants’ traditions and way of life, are more environmentally friendly, and do not have a significant impact on the status of endangered stocks; feels that a non-selective approach to the use of gears and techniques is having a serious impact on the viability of already marginalised coastal and island communities, causing further depopulation and hindering development and innovation; feels that positive discrimination should be applied to artisanal coastal fishing;
Amendment 182 #
2015/2090(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 185 #
2015/2090(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to ensure that a review of the assessment of the status of fish stocks as regards coastal fisheries is carried out, and stresses the need for an analysis of small-scale fishing’s impact on fish stocks, given that the species fished in coastal fisheries are mainly of little economic significance and account for a small proportion of commercial fishing, but are, nevertheless, very significant for the survival of those fishermen who rely on them for their daily earnings;
Amendment 24 #
2015/2053(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that a protection instrument should be established at European level, specifically for non-agricultural products, as this would enhance the prestige of locally based manufacturing and handicraft production, support local economic development and employment in the areas concerned, boost tourism and strengthen consumer confidence;
Amendment 34 #
2015/2053(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Maintains that a link with the territory of production is essential in order to identify the special know-how and designate the quality of the productand authenticity of the product irrespective of how well-known it is;
Amendment 36 #
2015/2053(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers, therefore, that ithere should be different ways of expressing that link: when it is possible to distinguish between the fact of making things in a protected area out of raw materials from that area and the mere fact of making something there, that distinction should be madea requirement that a product’s place of production be within a protected area even though the raw materials used in the production process may not necessarily come from that area;
Amendment 41 #
2015/2053(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Maintains that the label/distinguishing sign/mark/logo for non-agricultural GIs should be simple, easily recognisable, and written in the language of the product’s place of origin and/or that of the country into which it is imported;
Amendment 42 #
2015/2053(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Considers that, to maximise the GI protection of non-agricultural products, the ban on incorrect use of GIs should apply, not only where there is a the risk of consumers being misled or where there is any unfair competition, even in cases where a product’s actual origin is clearly indicated; proposes, therefore, that the additional protection provided for in Article 23 of the TRIPS Agreement, initially applicable only to wines and spirits, be extended to cover the GIs of non-agricultural products;
Amendment 47 #
2015/2053(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Suggests that there should be procedures for regional public authorities and/or chambers of commerce to monitor the fulfilment of these criteria at all stages of the production process so as to ensure that product specifications are met; considers that if such monitoring procedures are properly followed it will not be necessary to place a time limit on the GI protection of non-agricultural products or to require that it be renewed;
Amendment 52 #
2015/2053(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Suggests that the rules on the relationship between trademarks and GIs should apply to the GI protection of non- agricultural products;
Amendment 5 #
2015/0906(COD)
Draft legislative resolution
Citation 2
Citation 2
Amendment 7 #
2015/0906(COD)
Draft regulation
Citation 2
Citation 2
Amendment 8 #
2015/0906(COD)
Draft regulation
Recital 1
Recital 1
(1) Article 48 of Protocol No 3 on the Statute of the Court of Justice of the European Union, as amended by Regulation (EU, Euratom) 2015/XXX of the European Parliament and of the Council of …, 1 providThe third wave of additional judges that the General Court, consisting of 40 Judges as from […] 2016, will consist of 47 Judges as from 1 September 2016, and of two Judges per Member State as from 1 September 2019. __________________ 1 OJ L XXX to be appointed in 2019 is also abandoned.
Amendment 9 #
2015/0906(COD)
Draft regulation
Recital 2
Recital 2
(2) It is apparent from recital 9 in the preamble to Regulation 2015/XXX that increasing by seven the number of Judges of the General Court on 1 September 2016 will also require jurisdiction at first instance in disputes between the Union and its servants under Article 270 TFEU to be transferred to the General Court, which presupposes, in accordance with Article 256(1) TFEU, the dissolution of the European UnionThe abolition of the Civil Service Tribunal. It is accordingly necessary to repeal Council Decision 2004/752/EC, Euratom of 2 November 2004 establishing the European Union Civil Service Tribunal, 2 inasmuch as that decision attached the European Union Civil Service Tribunal to the General Court, and, in consequence thereof, Article 62a, now, after amendment, Article 62c of Protocol No 3 on the Statute of the Court of Justice of the European Union and Annex I thereto, and Regulation (EU, Euratom) No 979/2012 of the European Parliament and of the Council of 25 October 2012 relating to temporary Judges of the European Union Civil Service Tribunal.3 __________________ 2 OJ L 333, 9.11.2004, p. 7. 3 OJ L 303, 31.10.2012, p. 83bandoned.
Amendment 5 #
2014/2252(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes, however, that a majority of opinions by national parliaments are submitted by only a few national chambers, encourages the other chambers to become more involved in the European debate;
Amendment 14 #
2014/2252(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that 2012 saw the first use of the so-called yellow card by national parliaments regarding the principle of subsidiarity in response to the Commission's proposal for a regulation on the exercise of the right to take collective action within the context of freedom of establishment and the freedom to provide services (Monti II); notes that although the Commission concluded that the principle of subsidiarity had not been breached it did withdraw the proposal due to lack of political support; remarks that a second so-called yellow card was triggered in 2013 on the Commission's proposal for a Council Regulation on the establishment of the European Public Prosecutor's Office (EPPO); notes that Commission concluded that the proposal complied with the principle of subsidiarity and decided to maintain it;
Amendment 22 #
2014/2252(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that the eight-week period given to national parliaments to issue a reasoned opinion under Article 6 of the Protocol on the application of the principles of subsidiarity and proportionality is sufficient to allow national parliaments to participate to a greater extent, without delaying the adoption of relevant legislation;
Amendment 24 #
2014/2252(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Considers that if the eight-week period given to national parliaments to issue a reasoned opinion under Article 6 of the Protocol on the application of the principles of subsidiarity and proportionality should be extended to allow national parliaments to participate to a greater extent this would imply a Treaty change;
Amendment 101 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i a (new)
Paragraph 1 – point i a (new)
ia. Calls on the Commission however to ensure that the rules on the cultural exception continue to be excluded from the negotiating mandate for Brussels;
Amendment 105 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i b (new)
Paragraph 1 – point i b (new)
ib. Calls on the Commission to ensure in particular that all matters benefiting European artists and producers are included in the rules on cultural exception;
Amendment 106 #
2014/2228(INI)
Draft opinion
Paragraph 1 – point i c (new)
Paragraph 1 – point i c (new)
ic. Calls on the Commission to give guarantees regarding inclusion of the publishing sector in the cultural exception;
Amendment 1 #
2014/2217(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the UN Convention on the UN Convention on the Rights of Persons with Disabilities, in particular Article 6, Women with disabilities,
Amendment 2 #
2014/2217(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the proposal for a Directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures (Women on Board Directive,
Amendment 50 #
2014/2217(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the female employment rate is 63%, whereas the gender pay gap stands at 16.4%, whereas 73% of the members serving in national parliaments are men, and whereas women make up 17.8% of the membership of large company boards and every week spend three times as long as men on household chores; whereas 73% of the members serving in national parliaments are men, and only 37% of Members of the new European Parliament and 9 out of 28 new Commissioners are women
Amendment 98 #
2014/2217(INI)
Motion for a resolution
Recital M
Recital M
M. whereas sexual and reproductive health and rights are fundamental human rights and should be taken into account in the EU’s action programme in the field of healthfully integrated in the next EU Health Strategy;
Amendment 123 #
2014/2217(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Maintains that poverty among women, and older women and single mothers in particular, needs to be tackled as a matter of urgency; calls on the Member States, therefore, to implement more effective inclusion strategies and make more efficient use of social policy resources, not least the European Social Fund and the Structural Funds;, and calls on the Member States to set specific employment targets in the framework of their National Reform Programmes to ensure that women have equal access with men to enter and stay in the labour-market.
Amendment 135 #
2014/2217(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points to the imperative need to reduce gender pay and pension gaps; these targets must address the persistent concentration of women in part-time, low pay and precarious work and ensure sufficient quality care facilities for children and other dependents; urges the Member States to give full effect to the rights related to Directive 2006/54/EC, including the principle of equal pay and pay transparency, and to revise their national laws on equal treatment with a view to their simplification and modernisation; calls on the Commission to keep the transposition of gender equality directives under regular review;
Amendment 168 #
2014/2217(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission and the Member States to take account of demographic developments and changes in the size and composition of households when designing their fiscal policies, social security and public services; notes that the number of single person households is on the rise in most EU Member States, but most policies directly or indirectly discriminate against them and put them at an undue disadvantage; believes that people should not be rewarded or punished for the particular size and composition of the household they are part of, calls therefore for policies to be neutral with regard to household size or composition;
Amendment 190 #
2014/2217(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that women's underrepresentation in political decision- making is a question of fundamental rights and democracy, welcomes the legislated parity systems and gender quotas introduced in some member states and calls on the Council to state its position on the directive on gender balance among non-executive director of listed companies so as to enable the legislative process as soon as possible.
Amendment 224 #
2014/2217(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Urges the Commission to strongly condemn media campaigns or other communications depicting victims of sexual violence as responsible for these acts, as such assumptions go against all basic principles of gender-equality.
Amendment 235 #
2014/2217(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Maintains that women must have control over their sexual and reproductive health and rights, not least by having ready access to contraception and abortion; accordingly supports measures and actions to improve women’s access to sexual and reproductive health services and inform them more fully about their rights and the services available; calls on the Member States and the Commission to implement measures and actions to make men aware of their responsibilities for sexual and reproductive matters;
Amendment 19 #
2014/2216(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas sexual and reproductive health and rights are grounded in basic human rights and are essential elements of human dignity 1a; whereas the denial of lifesaving abortion amounts to a serious breach of human rights; __________________ 1aICPD Programme of Action § 7.2 and 7.3
Amendment 30 #
2014/2216(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls on all Council of Europe member states, accordingly, to sign and ratify the Convention on preventing and combating violence against women; calls on the EU as such to take steps to accede to the Convention in order to ensure coherence between EU internal and external action on violence against women;
Amendment 43 #
2014/2216(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the recommendations of the Committee on the Elimination of Discrimination against Women on conflict prevention and conflict and post-conflict situations, in line with the landmark UN Security Council resolutions 1325 and 1820 on women, peace and security; and reminds the international community of the necessary safeguards for women and girls, notably protection against rape and forced prostitution;
Amendment 63 #
2014/2216(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers women's underrepresentation in political decision- making is a question of fundamental rights and democracy, that underlines the capacity of governments to devote their full talent to democracy building and maintenance processes; welcomes the legislated parity systems and gender quotas and calls to foster legislative process needed as soon as possible.
Amendment 64 #
2014/2216(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the EU to actively continue defending a stand-alone goal for gender equality, girls' and women's empowerment and their human rights, including sexual and reproductive health and rights, in the upcoming post-2015 development agenda.
Amendment 68 #
2014/2216(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls for an ambitious long-term political strategy and plan of action on public health, innovation and access to medicines that inter alia explores new incentive schemes for research and development as outlined in the WHO Consultative Expert Working Group report on Research and Development: Financing and coordination (2012), to safeguard the right to a standard of living adequate for the health and well-being of every human being without distinction of race, religion, political belief or economic and social condition. Stresses that women and girls remain at the centre of the HIV pandemic and sustain caring for patients in their communities.
Amendment 69 #
2014/2216(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Regrets that women's and girls' bodies, specifically their sexual and reproductive health and rights, remain an ideological battleground to this day and calls on the EU and its Member States to recognize the inalienable rights of women and girls to bodily integrity and autonomous decision-making; among other, the right to access voluntary family planning, safe and legal abortion and to be free from violence, including FGM, child, early and forced marriage, and marital rape.
Amendment 71 #
2014/2216(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Urges the EU and its Member States to come up with an extensive review of the Beijing Platform for Action to mark its twenty years anniversary in 2015.
Amendment 73 #
2014/2216(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Urges the European Commission to include SRHR, as basic human rights, in its next EU Health Strategy to ensure coherence between EU's internal and external policy.
Amendment 74 #
2014/2216(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Insists that gender balance needs to be rooted in the EEAS overseas missions and a dedicated girls' and women's rights and gender equality strategy for each mission; plus a specific gender equality chapter rooted in the next EEAS Human Rights Action Plan.
Amendment 75 #
2014/2216(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Urges that the provision of EU humanitarian aid and that of its Member States should not be subject to restrictions imposed by other partner donors regarding necessary medical treatment, including access to safe abortion for women and girls who are victims of rape in armed conflicts.
Amendment 5 #
2014/2080(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recommends that the institution should be reorganised in such a way as to make a clearer separation between legal and administrative functions, thus bringing the setup more closely into line with Article 6 of the European Convention on Human Rights, so that judges no longer run the risk of having to rule on appeals against acts in which their authorities have been directly involved;
Amendment 6 #
2014/2080(DEC)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that in its response to the discharge resolution 2012 the Court of Justice indicates that holding more hearings and judgements would not increase productivity significantly; Points out that on the other hand the Court asked to increase the number of judges; urges the Court of Justice to requested an external peer review in order to be provided with external instruments to identify possible solutions to the problems raised by the Court;
Amendment 8 #
2014/2080(DEC)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Regrets the insufficient information received during the discharge procedure regarding the list of external activities pursued by the Judges; asks the European Court of Justice to publish on its homepage a register which includes detailed information on outside activities of each judge;
Amendment 10 #
2014/2080(DEC)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Asks the Court to consider a unification of the Registries of the Court into one Registry in order to ensure a better coordination of procedural actions between the Courts;
Amendment 11 #
2014/2080(DEC)
Motion for a resolution
Paragraph 9 d (new)
Paragraph 9 d (new)
9d. Asks the Court to verify on a case by case basis the necessity of translation if there is a limited relevance for EU- citizens;
Amendment 19 #
2014/2080(DEC)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Court of Justice to consider a reduction inreduce the number of official cars at the disposal of the Members and staff and to report to the European Parliament on the savings made; is of the opinion that a revision of post assignments for drivers will thus be required; points out that the cost of the extended private services provided by drivers is borne by European taxpayers;
Amendment 17 #
2014/2040(BUD)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Deplores the cuts made within Title 11 by the Council in its reading of the draft budget; is concerned at the consequences for the measures funded under the budget heading concerned and at the adverse impact on pursuing the CFP and IMP objectives; points out, more specifically with regard to payment appropriations, that this year there is already a shortfall in them and that it is therefore essential to ensure a sufficient level of appropriations.
Amendment 296 #
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 shareholders. TAny change in that policy shall be subject to the approval of the shareholders and the policy shall be submitted for approval by the shareholders at least every three years.
Amendment 336 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9a – paragraph 3 – subparagraph 2
Article 9a – paragraph 3 – subparagraph 2
The policy shall indicate the maximum amounts of total remuneration that can be awarded, and the corresponding relative proportion of the different components of fixed and variable remuneration. It shall explain how the pay and employment conditions of employees of the company were taken into account when setting the policy or directors’ remuneration by explaining the ratios both between the average remuneration of executive directors and the average remuneration of full time employees of the company other than directors and why this ratio is considered appropriate. The policy may exceptionally be without a ratio in case of exceptional circumstances. In that case, it shall explain why there is no ratio and which measures with the same effect have been takenemployees and between the average remuneration of non-executive directors and the average remuneration of employees and why those ratios are considered appropriate.
Amendment 358 #
2014/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2007/36/EC
Article 9a – paragraph 3 – subparagraph 5a (new)
Article 9a – paragraph 3 – subparagraph 5a (new)
Employees shall be entitled, via their representatives, to express a view on the remuneration policy before it is submitted to shareholders.
Amendment 373 #
2014/0121(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2007/36/EC
Article 9b – paragraph 1 – point aa (new)
Article 9b – paragraph 1 – point aa (new)
(aa) the ratio between the average remuneration awarded, paid, or due to executive directors and the average remuneration of employees in the preceding financial year and the ratio between the average remuneration awarded, paid, or due to non-executive directors and the average remuneration of employees in the preceding financial year;
Amendment 379 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9b – paragraph 1 – point b
Article 9b – paragraph 1 – point b
(b) the relative change ofs in the remuneration ofboth of executive directors and of non-executive directors over the last three financial years, itstheir relation to the development of the valugeneral performance of the company and to change in the average remuneration of full time employees ofin the company other than directorssame period;
Amendment 393 #
2014/0121(COD)
Proposal for a directive
Article 1 – point 4
Article 1 – point 4
Directive 2007/36/EC
Article 9b – paragraph 3a (new)
Article 9b – paragraph 3a (new)
3a. Employees shall be entitled, via their representatives, to express a view on the remuneration report before it is submitted to shareholders.
Amendment 19 #
2011/0901B(COD)
Proposal for a regulation
Recital 1
Recital 1
Amendment 25 #
2011/0901B(COD)
Proposal for a regulation
Recital 2
Recital 2
Amendment 30 #
2011/0901B(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 35 #
2011/0901B(COD)
Proposal for a regulation
Recital 4
Recital 4
Amendment 40 #
2011/0901B(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Taking into account the likely evolution of the workload of the General Court, the number of Judges should be fixed at 56 at the end of a three-stage process, it being understood that at no point of time can there be more than two Judges sitting at the General Court appointed upon a proposal by the same Member Statehe maximum number of Judges in the General Court should be fixed at 40. It is a matter for that Court to justify the precise number of additional Judges deemed necessary.
Amendment 48 #
2011/0901B(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 53 #
2011/0901B(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 61 #
2011/0901B(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 70 #
2011/0901B(COD)
Proposal for a regulation
Recital 9
Recital 9
Amendment 74 #
2011/0901B(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Nineteen legal secretaries should be appointed in order that every Judge may have an additional legal secretary (taking into account the nine appointed in 2014), this being an arrangement already existing within the Court of Justice.
Amendment 78 #
2011/0901B(COD)
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) The European Parliament and the Council should establish a joint committee of experts to examine the functioning of justice within the Union and submit proposals for improvements, if necessary.
Amendment 79 #
2011/0901B(COD)
Proposal for a regulation
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Protocol No 3
Article 4 a (new)
Article 4 a (new)
-1) Article 4a is added: "Article 4a In order to respect the separation of powers, under no circumstances may a former Member of the European Parliament become a Judge of the Court of Justice of the European Union. Likewise, EU officials directly involved in the decision-making and legislative process of the European Union may not become Judges at the Court of Justice of the European Union."
Amendment 83 #
2011/0901B(COD)
Proposal for a regulation
Article 1 – point 2
Article 1 – point 2
Protocol No 3
Article 48
Article 48
Amendment 111 #
2011/0901B(COD)
Proposal for a regulation
Article 2 – point a
Article 2 – point a
Amendment 115 #
2011/0901B(COD)
Proposal for a regulation
Article 2 – point b
Article 2 – point b
Amendment 118 #
2011/0901B(COD)
Proposal for a regulation
Article 2 – point c
Article 2 – point c