BETA

1013 Amendments of Hugues BAYET

Amendment 133 #

2018/2121(INI)

Motion for a resolution
Paragraph 13 a (new)
13 a. Recalls that the payment of taxes is both an essential corporate contribution to society and a tool for good governance and is therefore a requirement for responsible business practices; stresses the need to include harmful tax practices in the scope of mandatory reporting on corporate social responsibility (CSR);
2018/12/20
Committee: TAX3
Amendment 148 #

2018/2121(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Urges furthermore the Member States taking part in the enhanced cooperation procedure to agree as quickly as possible on the adoption of a Financial Transaction Tax (FTT);
2018/12/20
Committee: TAX3
Amendment 155 #

2018/2121(INI)

Motion for a resolution
Paragraph 15
15. Recalls that taxes must be paid in the jurisdictions where the actual substantive and genuine economic activity and value creation takes place or, in case of indirect taxation, where consumption takes place; highlights that this can only be achieved by adopting the common Consolidated Corporate Tax Base (CCCTB); advocates for the inclusion of fair allocation of taxing rights on the agenda of current international tax negotiations, notably at OECD and UN levels;
2018/12/20
Committee: TAX3
Amendment 170 #

2018/2121(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Stresses that between 1985 and 2018, the global average statutory corporate tax rate has fallen from 49% to 24%1a ; notes that nominal corporate tax rates have decreased by 46% since 2000 at EU level –from an average of 32% in 2000 to 21,9% in 20181b; is concerned about a growing race to the bottom on nominal corporate tax rates at both international and EU levels; regrets that international tax reform such as G20/OECD led BEPS project did not touch upon this unfair tax competition; calls for a second set of international tax reforms aiming at tackling tax competition among countries and ensuring a fair allocation of taxing rights; underlines it is necessary to give a greater role to the UN Committee of Experts on International Cooperation in Tax Matters in the next reform of international tax rules; _________________ 1a Tørsløv, Wier and Zucman ‘Themissing profits of nations’, National Bureau of Economic Research, Working Paper 24701, 2018. 1b Taxation trend in the EU, Table 3:Top statutory corporate income tax rates (including surcharges), 1995- 2018,European Commission 2018
2018/12/20
Committee: TAX3
Amendment 177 #

2018/2121(INI)

Motion for a resolution
Paragraph 16 c (new)
16 c. Affirms that a fair and effective solution to tax dumping and aggressive tax competition would reside in the setting of a minimum corporate tax rate; calls for the adoption of a coordinated level of minimum effective taxation at European level through a combination of anti-abuse measures and limitation to tax deductions; asks the European Commission to consider proposing a legislative package aiming at ensuring a minimum effective level of taxation;
2018/12/20
Committee: TAX3
Amendment 179 #

2018/2121(INI)

Motion for a resolution
Paragraph 16 d (new)
16 d. Takes note that traditional sectors pay in average an effective corporate tax rate of 23% while the digital sector pays about 9,5%1a; asks the European Commission to carry out and release an in depth study on effective level of corporate taxation within the EU and develop a proposal fora coordinated level of minimum taxation within the EU; _________________ 1a COM(2018) 146 final COMMUNICATION FROM THE COMMISSION TO THE EUROPEANPARLIAMENT AND THE COUNCIL Time to establish a modern, fair and efficient taxation standard for the digital economy
2018/12/20
Committee: TAX3
Amendment 214 #

2018/2121(INI)

Motion for a resolution
Paragraph 22
22. Welcomes the provisions on Controlled Foreign Corporation (CFC) included in ATAD I to ensure that profits made by related companies parked in low or no-tax countries are effectively taxed; acknowledges that they prevent the absence or diversity of national CFC rules within the Union from distorting the functioning of the internal market beyond situations of wholly artificial arrangements as called for repeatedly by Parliament; deplores the coexistence of two approaches to implement CFC rules in ATAD I and calls on Member States to implement only the simpler and most efficient CFC rules as in ATAD I Article 7(2)(a); asks the European Commission to make a legislative proposal reinforcing CFC rules, including a criteria on an actual corporate tax paid on profits lower than 18%;
2018/12/20
Committee: TAX3
Amendment 218 #

2018/2121(INI)

Motion for a resolution
Paragraph 23
23. Welcomes the general anti-abuse rule for the purposes of calculating corporate tax liability included in ATAD I, allowing Member States to ignore arrangements that are not genuine and having regard to all relevant facts and circumstances aimed at obtaining a tax advantage; reiterates its repeated call for the adoption of a general and common anti- abuse rule, namely in existing legislation and in particular in the parent-subsidiary directive, the merger directive and the interest and royalties directive; calls on Member States to consider a general anti- abuse rule including a minimum effective tax rate of 18%;
2018/12/20
Committee: TAX3
Amendment 271 #

2018/2121(INI)

Motion for a resolution
Paragraph 32 a (new)
32 a. Calls on the Council, assisted by the European Commission, to define a comprehensive and exhaustive list of potential harmful tax practices within the EU, to be updated every year; demands that criteria aiming at identifying harmful tax practices include, notably, schemes allowing for a large deduction of corporate income tax without benefiting the real local economy;
2018/12/20
Committee: TAX3
Amendment 284 #

2018/2121(INI)

Motion for a resolution
Paragraph 33
33. Welcomes the re-launch of the CCCTB project in a two-step approach, with the Commission’s adoption of interconnected proposals on CCTB and CCCTB; calls on the Council to swiftly adopt them,stresses that once implemented fully, the CCCTB will make it possible to attribute income to where the value is created and will eliminate loopholes between national tax systems, in particular transfer pricing; calls on the Council to swiftly adopt and implement the two proposals side by side taking into consideration Parliament’s opinion that already includes the concept of virtual permanent establishment that would close the remaining loopholes allowing tax avoidance to take place and level the playing field in light of digitalisation;
2018/12/20
Committee: TAX3
Amendment 290 #

2018/2121(INI)

Motion for a resolution
Paragraph 33 a (new)
33 a. Recalls that to end the practice of profit shifting and to introduce the principle that tax is paid where profit is generated, the CCTB and CCCTB should be introduced simultaneously in all Member States; calls on the Commission to issue a new proposal based on Article 116 of the Treaty on the Functioning of the European Union, whereby the European Parliament and the Council act in accordance with the ordinary legislative procedure to issue the necessary legislation, should the Council fail to adopt a unanimous decision on the proposal to establish a CCCTB;
2018/12/20
Committee: TAX3
Amendment 339 #

2018/2121(INI)

Motion for a resolution
Paragraph 36 b (new)
36b. Calls on Member States to ensure that the ‘Digital Services Tax’ remains a temporary measure by including a ‘sunset clause’ to the proposal for a Council Directive on the common system of a digital services tax on revenues resulting from the provision of certain digital services and by speeding up the discussion on a Significant Digital Presence1a ; _________________ 1a Proposal for a Council Directive laying down rules relating to the corporate taxation of a significant digital presence COM(2018) 147 final
2018/12/20
Committee: TAX3
Amendment 395 #

2018/2121(INI)

Motion for a resolution
Paragraph 45
45. SRecalls that public CBCR is one of the key measures to find greater transparency on tax information of companies for all citizens; stresses that the proposal for public CBCR was submitted to the co-legislators just after the Panama papers scandal on 12 April 2016, and that Parliament adopted its position on it on 4 July 2017; recalls that this public nature is essential for civil society, investigative journalists, investors and other stakeholders, in particular, to whom the information is useful to assess potential risks and liabilities; recalls that the latter called for an enlargement of the scope of reporting and protection of commercially sensitive information; deplores the lack of progress and cooperation from the Council since 2016; urges for progress to be made in the Council so that it enters into negotiations with Parliament;
2018/12/20
Committee: TAX3
Amendment 552 #

2018/2121(INI)

Motion for a resolution
Paragraph 74
74. WNotes that the Commission has recently proposed additional control tools and an enhanced role for Eurofisc as well as mechanisms for closer cooperation between customs and tax administrations and greater involvement of the European Public Prosecutor's Office; welcomes the adoption of the Protection of Financial Interests (PIF) Directive53 which clarifies the issues of cross-border cooperation and mutual legal assistance between Member States, Eurojust, the European Public Prosecutor’s Office (EPPO), the European Anti-Fraud Office (OLAF) and the Commission in tackling VAT fraud; _________________ 53 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law, OJ L 198, 28.7.2017, p. 29, in particular Articles 3 and 15 thereof.
2018/12/20
Committee: TAX3
Amendment 708 #

2018/2121(INI)

Motion for a resolution
Paragraph 102
102. Calls on the Commission to table a legislative proposal to ensure the automatic exchange of information between the relevant authorities, including tax and customs authorities, on beneficial ownership and relevant transactions for taxation purposes taking place in free ports, customs warehouses or SEZs;
2018/12/20
Committee: TAX3
Amendment 763 #

2018/2121(INI)

Motion for a resolution
Paragraph 112 c (new)
112 c. Stresses the urgent need to create a more efficient system for communication and information exchange among judicial authorities within the EU, replacing the traditional instruments of mutual legal assistance in criminal matters, which provide lengthy and burdensome procedures harming investigations of money laundering and other serious crimes; reiterates its call on the Commission to assess the need for legislative action in this field;
2018/12/20
Committee: TAX3
Amendment 764 #

2018/2121(INI)

Motion for a resolution
Paragraph 112 d (new)
112 d. Calls on the Commission to assess and report to Parliament about the role and particular risks presented by legal arrangements such as Special Purpose Vehicles (SPVs), Special Purpose Entities (SPEs) and Non Charitable Purpose Trusts (NCPTs) in money laundering, particularly in the UK, and Crown Dependencies and Overseas territories;
2018/12/20
Committee: TAX3
Amendment 808 #

2018/2121(INI)

Motion for a resolution
Paragraph 122
122. Calls for an assessment of long- term objectives leading to an enhanced AML/CFT framework as mentioned in the ‘Reflection Paper on possible elements of a Roadmap for seamless cooperation between Anti Money Laundering and Prudential Supervisors in the European Union’, such as the establishment at EU level of a mechanism to better coordinate the activities of AML/CFT supervisors of financial sector entities, notably in situations where AML/CFT concerns are likely to have cross-border effects, and a possible centralisation of AML supervision via an existing or new Union body empowered to enforce harmonised rul; calls therefore for a European Anti-money Laundering Authority with adequate supervision, investigation and enforcement powers of both financial and non-financial obliged entities aund practiceser the AMLD;
2018/12/20
Committee: TAX3
Amendment 825 #

2018/2121(INI)

Motion for a resolution
Paragraph 125 a (new)
125 a. Notes the concerns expressed by the EBA with regards to the implementation of the Directive 2013/36/EU on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms1a; welcomes the suggestions made by the EBA to tackle the deficiencies caused by the current Union legal framework; _________________ 1a https://www.eba.europa.eu/documents/101 80/2101654/Letter+to+Tiina+Astola+on+t he+request+to+investigate+a+possible+B UL+under+Article+17+of+Regulation+% 28EU%29%20No+10932010+- +24092018.pdf
2018/12/20
Committee: TAX3
Amendment 858 #

2018/2121(INI)

Motion for a resolution
Paragraph 129 a (new)
129 a. Notes the Commission’s assessment of the framework for FIUs’ cooperation with third countries and obstacles and opportunities to enhance cooperation between FIUs in the Union including the possibility of establishing an EU level coordination and support mechanism; recalls that according to the AMLD5 this assessment should be ready by 1 June 2019; asks the Commission to consider this opportunity to make a legislative proposal for a EU Financial Intelligence Unit, creating a hub for joint investigative work and coordination, with its own remit of autonomy and investigatory competences on cross border financial criminality, and an early warning mechanism;
2018/12/20
Committee: TAX3
Amendment 863 #

2018/2121(INI)

Motion for a resolution
Paragraph 129 b (new)
129 b. Calls on the Commission to draw up a report assessing the necessity of uniformisation or harmonisation of the organisational status conferred to FIUs in Member States, to ensure better cooperation and exchange of information, without interfering with their independence;
2018/12/20
Committee: TAX3
Amendment 881 #

2018/2121(INI)

Motion for a resolution
Paragraph 133 a (new)
133 a. Calls on Member States to ensure that registers of beneficial owners contain verification mechanisms to ensure the accuracy of the data; calls on the Commission to make assessment of verification mechanisms and reliability of the data in its reviews;
2018/12/20
Committee: TAX3
Amendment 890 #

2018/2121(INI)

Motion for a resolution
Paragraph 136
136. Underscores the problem of money laundering through investment in real estate in European cities through foreign shell companies; recalls that the Commission should assess the necessity and proportionality of harmonising the information in the land and real estate registers and assess the need for the interconnection of those registers; takes the view that Member States should have in place publicly accessible information on ultimate beneficial ownership of land and real estate; calls on the Commission, if appropriate, to accompany the report with a legislative proposal;
2018/12/20
Committee: TAX3
Amendment 1115 #

2018/2121(INI)

Motion for a resolution
Paragraph 172 a (new)
172 a. Calls on Member States to mandate the Commission to propose a European tax treaty template, containing a clause on significant digital presence, an anti-abuse rule and an anti-tax dumping clause including a minimum level of effective taxation set at 18% of profits;
2018/12/20
Committee: TAX3
Amendment 1228 #

2018/2121(INI)

Motion for a resolution
Paragraph 197
197. Believes that the mandate of the CoC Group needs to be updated, since it addresses matters beyond the assessment of harmful EU tax practices, which is more than simply providing technical input to the decisions made by the Council; calls, based on the nature of the work undertaken by the Group which is also of a political nature, for such tasks to be brought back under a framework which enables democratic control or supervision, starting by applying transparency; invites Member States to update the mandate of the CoC Group to include a minimum level of effective taxation set at 18% of profits as well as an increased and improved work on harmful tax practices and on the EU listing process;
2018/12/20
Committee: TAX3
Amendment 1233 #

2018/2121(INI)

Motion for a resolution
Paragraph 199 a (new)
199 a. Reiterates its call for the creation of an EU Tax Policy Coherence and Coordination Centre (EUTPCCC) within the structure of the Commission1a,which would ensure effective and expeditious cooperation between Member States’ and facilitate early warning in cases like the Cum Ex scandal; urges Member States to support this call and for the Commission to present a legislative proposal for such a mechanism; _________________ 1a European Parliament resolution of 6 July 2016 on tax rulings and other measures similar in nature or effect (2016/2038(INI))
2018/12/20
Committee: TAX3
Amendment 1280 #

2018/2121(INI)

Motion for a resolution
Paragraph 207
207. Takes the view that the work of the TAXE, TAX2, PANA and TAX3 committees should be continued, in the forthcoming parliamentary term, in a permanent structure within Parliament such as a subcommittee to the Committee on Economic and Monetary Affairs (ECON), including Members from a diverse range of committees; considers that the Commissioner for Taxation, the Chair of the CoC Group and the Finance minister holding the rotating EU presidency should appear at least twice a year before the heretofore mentioned permanent structure;
2018/12/20
Committee: TAX3
Amendment 111 #

2018/2033(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Stresses that in order to increase the ownership and legitimacy of the European Semester process at both European and national level, its democratic governance should be strengthened, in particular by involving through a Code of Conduct the different levels of governance in charge of the implementation of the CSRs at Member State level;
2018/07/16
Committee: ECON
Amendment 122 #

2018/2033(INI)

Motion for a resolution
Paragraph 6
6. Recalls the Commission’s commitment to integrate the implementation of the SDGs within the European Semester as part of the EU's new long-term and overarching strategy succeeding the Europe 2020 Strategy ; regrets the fact that this dimension is missing from the 2018 country-specific recommendations;
2018/07/16
Committee: ECON
Amendment 124 #

2018/2033(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Emphasises that, in line with the principle of subsidiarity, structural reforms at Member State level should be eligible to EU support only if they are of European added value in terms of socio- economic impact, pertain to shared competences of the EU and the Member States, are consistent with the UNSDGs and the Paris Agreement goals and do not exacerbate the cohesion gap between and within Member States;
2018/07/16
Committee: ECON
Amendment 47 #

2018/2007(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the environmental challenge, the economic challenge and the social challenge are closely bound up with one another; whereas the environmental transition must act as an incentive to enhance solidarity and cohesion;
2018/03/02
Committee: ECON
Amendment 212 #

2018/2007(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Calls on the EU authorities to reintroduce market regulation instruments; emphasises the need to enhance health-, climate- and economic- risk management tools;
2018/03/02
Committee: ECON
Amendment 227 #

2018/2007(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls for a major long-term investment plan, entitled 'EUR 1000 billion for the climate and employment', to be drawn up at EU level to complement the EFSI, fund massive investment in measures to cut greenhouse gas emissions, renewable energies, energy saving, the insulation of buildings, green mobility, the training of workers and measures to combat inequality;
2018/03/02
Committee: ECON
Amendment 37 #

2018/0233(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) The Fiscalis 2020 programme should enable their capacity to combat tax fraud, corruption, tax evasion and aggressive tax planning to be strengthened, including by means of technical assistance for human resources training and the development of administrative structures, this assistance should be provided in a transparent manner;
2018/10/18
Committee: ECON
Amendment 41 #

2018/0233(COD)

Proposal for a regulation
Recital 3
(3) In providing a framework for actions which supports the single market, fosters Union competitiveness and protects the financial and economic interests of the Union and its Member States, the Programme should contribute to preventing and fighting tax fraud, tax evasion and, tax avoidance and double non-taxation; preventing and reducing unnecessary administrative burden for citizens and businesses in cross-border transactions; achieving the full potential of the single market and fostering Union competitiveness; and supporting a joint Union approach in international fora.
2018/10/18
Committee: ECON
Amendment 44 #

2018/0233(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) The European Parliament has laid down its priorities. The current lack of current financial resources hinders achievement of the objectives set by the European Parliament for the post-2020 multiannual financial framework [2017/2052(INI)]. More effective cooperation in tax matters could enable the more effective collection of the necessary resources for the implementation of the future multiannual financial framework.
2018/10/18
Committee: ECON
Amendment 46 #

2018/0233(COD)

Proposal for a regulation
Recital 7 a (new)
(7a) With a view to facilitating the exchange of information and enabling the public to exercise the right of scrutiny, thus causing companies to be more socially responsible, while promoting a more informed debate on possible flaws in tax legislation, the European Union should adopt and apply country-by- country reporting that requires multinationals to declare, for each country, their number of full-time equivalent staff, net turnover, pre-tax income and the amount of income tax they pay.
2018/10/18
Committee: ECON
Amendment 53 #

2018/0233(COD)

Proposal for a regulation
Recital 9
(9) Considering the importance of globalisation, the Programme should continue to provide the possibility of involving external experts within the meaning of Article 238 of the Financial Regulation. Those external experts should mainly be representatives of governmental authorities, including from non-associated third countries, as well as representatives of international organisations, economic operators, taxpayers and civil society. The panel of experts shall be transparent and any possible conflict of interest shall be prohibited.
2018/10/18
Committee: ECON
Amendment 55 #

2018/0233(COD)

Proposal for a regulation
Recital 9 a (new)
(9a) In view of the recent adoption of directives on the exchange of information between tax administrations (Council Directive 2014/107/EU; Council Directive 2015/2376/EU; Council Directive 2016/881/EU; Council Directive 2016/2258/EU; Council Directive 2018/822/EU) and the directives still under discussion on a Common Consolidated Corporate Tax Base (CCCTB), the programme will aim to train staff at tax administrations to ensure the effective implementation of these directives.
2018/10/18
Committee: ECON
Amendment 57 #

2018/0233(COD)

Proposal for a regulation
Recital 11
(11) Information Technology (IT) capacity building actions are set to attract the greatest pa considerable sharte of the budget under the Programme. Therefore, specific provisions should describe, respectively, the common and national components of the European electronic systems. Moreover, the scope of actions and the responsibilities of the Commission and the Member States should be clearly defined.
2018/10/18
Committee: ECON
Amendment 58 #

2018/0233(COD)

Proposal for a regulation
Recital 12 a (new)
(12a) The potential levying of a CO2 tax by means of fiscal or market-based instruments, as proposed by the high-level group on own resources in its report on the future financing of the EU, should be taken into account.
2018/10/18
Committee: ECON
Amendment 64 #

2018/0233(COD)

Proposal for a regulation
Recital 15 a (new)
(15a) The Commission will convene a biannual seminar including two representatives of beneficiary Member States to discuss issues and suggest potential improvements related to the themes of the programme, including the exchange of information between tax administrations. The participants in the seminar shall be, respectively a representative of decision-making body of tax administrations, a representative of trade unions of staff at tax administrations, and a representative of the European Parliament and the Council.
2018/10/18
Committee: ECON
Amendment 68 #

2018/0233(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. The Programme has the general objective to support tax authorities and taxation to enhance the functioning of the single market, foster Union competitiveness and, protect the financial and economic interests of the Union and its Member States, improve the implementation of European directives on taxation and the exchange of information between tax administrations and improve tax collection.
2018/10/18
Committee: ECON
Amendment 72 #

2018/0233(COD)

Proposal for a regulation
Article 3 – paragraph 2 a (new)
2a. The programme should facilitate the implementation of a European financial intelligence unit (FIU) to coordinate, assist and support Member States' FIUs.
2018/10/18
Committee: ECON
Amendment 73 #

2018/0233(COD)

Proposal for a regulation
Article 3 – paragraph 2 b (new)
2b. The programme should help administrations to install secure software to facilitate the implementation of the various administrative cooperation directives (Council Directive 2014/107/EU – 'DAC 2'; Council Directive 2015/2376/EU – 'DAC 3'; Council Directive 2016/881/EU –'DAC 4'; Council Directive 2016/2258/EU – 'DAC 5'; Council Directive2018/822/EU – 'DAC 6') Tax administrations should also receive funding to ensure their staff are well trained in this regard.
2018/10/18
Committee: ECON
Amendment 74 #

2018/0233(COD)

Proposal for a regulation
Article 3 – paragraph 2 c (new)
2c. The Commission will convene a biannual seminar with two representatives of beneficiary Member States to discuss issues and suggest potential improvements related to the themes of the programme, including the exchange of information between tax administrations. The participants in the seminar shall be, respectively a representative of decision- making body of tax administrations, a representative of trade unions of staff at tax administrations, and a representative of the European Parliament and the Council. Where appropriate, and in full transparency, independent experts may be invited.
2018/10/18
Committee: ECON
Amendment 79 #

2018/0233(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a a (new)
(a a) developing countries, in accordance with the principles of policy coherence for development (PCD), and the conditions laid down in the agreements between the Union and these countries;
2018/10/18
Committee: ECON
Amendment 81 #

2018/0233(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point b
(b) project-based structured collaboration, particularly checks or joint audits;
2018/10/18
Committee: ECON
Amendment 84 #

2018/0233(COD)

Proposal for a regulation
Article 7 – paragraph 2 – point c
(c) IT capacity building actions, in particular the development and operation of European electronic systems or actions to establish joint registers;
2018/10/18
Committee: ECON
Amendment 95 #

2018/0233(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. The external experts shall be selected by the Commission based on their skills, experience and knowledge relevant to the specific action, avoiding any potential conflict of interest. The selection procedure must remain transparent and prevent any possible conflicts of interest.
2018/10/18
Committee: ECON
Amendment 104 #

2018/0233(COD)

Proposal for a regulation
Article 15 – paragraph 1
1. Evaluations shall be carried out in a timely manner to feed into the decision- making process. Evaluations and annual reports shall be published by the Commission on a dedicated webpage.
2018/10/18
Committee: ECON
Amendment 110 #

2018/0233(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
2a. At the halfway point of the programme, the Commission shall publish a status report for each project. There reports will include the objectives of the programme as well as the achievements and goals still to be achieved. These reports will serve as a basis for the development of future programmes.
2018/10/18
Committee: ECON
Amendment 898 #

2018/0228(COD)

Proposal for a regulation
Article 13 – paragraph 3 a (new)
3a. Any tender submitted for the award of a public procurement and/or a supply contract, benefitting from the programme, shall be considered admissible where the proportion of the products originating in third countries, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council, does not exceed 50 % of the total value of the products constituting the tender. In accordance with directive Article 85 of Directive 2014/25/EU, this paragraph shall only apply to tenders covering products originating in third countries with which the Union has not concluded, whether multilaterally or bilaterally, an agreement ensuring comparable and effective access for Union undertakings to the markets of those third countries. It shall be without prejudice to the obligations of the Union or its Member States in respect of third countries.
2018/09/21
Committee: ITRETRAN
Amendment 288 #

2017/2191(INI)

Motion for a resolution
Paragraph 32 b (new)
32b. Urges the Commission to oppose without delay the acquisition of Monsanto by Bayer; recalls that this acquisition would result in the creation of the world's largest integrated pesticides and seeds company, with leading portfolios in non- selective herbicides, seeds and traits, and digital agriculture; underlines that this very dangerous monopoly would strongly threaten EU agriculture and citizens;
2017/11/28
Committee: ECON
Amendment 1 #

2017/2173(DEC)

Draft opinion
Paragraph –1 (new)
-1. Points to the central role played by the European System of Financial Supervision and the three European Supervisory Authorities for ensuring better oversight over the financial system in response to the financial crisis and its economic, social and human consequences;
2018/01/22
Committee: ECON
Amendment 2 #

2017/2173(DEC)

Draft opinion
Paragraph –1 a (new)
-1a. Underscores, in this context, the importance of the European Securities and Markets Authority for ensuring - by means of appropriate common supervision of the Single Market - financial stability, the necessary transparency and greater security for the financial market;
2018/01/22
Committee: ECON
Amendment 3 #

2017/2173(DEC)

Draft opinion
Paragraph –1 b (new)
-1b. Stresses that, in carrying out its assignments, the Authority must pay detailed attention at all times to protecting consumers in the Union;
2018/01/22
Committee: ECON
Amendment 6 #

2017/2173(DEC)

Draft opinion
Paragraph 2
2. Stresses that, while making sure that allInsists that the Authority carry out effectively, and on time, all the assignments are carried out sulting full and within deadline, the Authority should carefully adhere to the tasks and the mandate assigned to it by the European Parliament and the Councilrom the the regulatory framework laid down by Parliament and the Council, with a view to making the financial markets more secure and protecting European consumers more effectively;
2018/01/22
Committee: ECON
Amendment 15 #

2017/2173(DEC)

Draft opinion
Paragraph 3
3. NotesRegards it as essential that, as the Authority’s workload should have sufficient resources to carry out its increasingly shifting from legislative tasks to enforcing and applying the Union law, the Authority’s budget and manpower should be reallocated internallyassignments to the full, including dealing with any additional workload necessitated by those assignments and requiring an increase in resources; points out in addition that any increase in its workload may also be met by internally reallocating budget resources or manpower, provided that that does not impair full exercice by the Authority of its mandate;
2018/01/22
Committee: ECON
Amendment 20 #

2017/2173(DEC)

Draft opinion
Paragraph 3 a (new)
3a. Stresses that it is essential for the Authority, in view of the nature of its assignments, to exhibit transparency not only towards Parliament and the Council, but also towards all European citizens;
2018/01/22
Committee: ECON
Amendment 24 #

2017/2173(DEC)

Draft opinion
Paragraph 4
4. Considers that the minutes of meetings of the Board of Supervisors and of the Stakeholder Groups, which are publicly available, should be published more swiftly.; states that those minutes ought also to be clearer as regards how discussions relate to each other, what stances members have taken and how they have voted; points out that access to documents and information relating to internal meetings should be facilitated too;
2018/01/22
Committee: ECON
Amendment 27 #

2017/2173(DEC)

Draft opinion
Paragraph 4 a (new)
4a. Insists, in the light of the Authority's assignments and the positions recently adopted by Parliament in this connection, that the Authority set up a secure channel for whistle-blowers as quickly as possible.
2018/01/22
Committee: ECON
Amendment 1 #

2017/2172(DEC)

Draft opinion
Paragraph -1 (new)
-1. Points to the central role played by the European System of Financial Supervision and the three European Supervisory Authorities for ensuring better oversight over the financial system in response to the financial crisis and its economic, social and human consequences;
2018/01/22
Committee: ECON
Amendment 2 #

2017/2172(DEC)

Draft opinion
Paragraph -1 a (new)
-1a. Underscores, in this context, the importance of the European Insurance and Occupational Pensions Authority for ensuring - by means of appropriate common supervision of the Single Market - financial stability, the necessary transparency and greater security for the financial market;
2018/01/22
Committee: ECON
Amendment 3 #

2017/2172(DEC)

Draft opinion
Paragraph -1 b (new)
-1b. Stresses that, in carrying out its assignments, the Authority must pay detailed attention at all times to protecting consumers in the Union;
2018/01/22
Committee: ECON
Amendment 4 #

2017/2172(DEC)

Draft opinion
Paragraph 2
2. Stresses that, while making sure that allInsists that the Authority carry out effectively, and on time, all the assignments are carried out sulting full and within deadline, the Authority should carefully adhere to the tasks and the mandate assigned to it by the European Parliament and the Councilrom the regulatory framework laid down by Parliament and the Council, with a view to making the financial markets more secure and protecting European consumers more effectively;
2018/01/22
Committee: ECON
Amendment 17 #

2017/2172(DEC)

Draft opinion
Paragraph 3
3. Takes note of the Authority’s efforts to reallocate internally the Authority’s budget and manpower, as the Authority’s workload is increasingly shifting from legislative tasks to supervisory convergence and enforcementRegards it as essential that the Authority should have sufficient resources to carry out its assignments to the full, including dealing with any additional workload necessitated by those assignments and requiring an increase in resources; takes note of the efforts made by the Authority to reallocate its budget and manpower internally in response to changes in its workload;
2018/01/22
Committee: ECON
Amendment 21 #

2017/2172(DEC)

Draft opinion
Paragraph 3 a (new)
3a. Stresses that it is essential for the Authority, in view of the nature of its assignments, to exhibit transparency not only towards Parliament and the Council, but also towards all European citizens;
2018/01/22
Committee: ECON
Amendment 25 #

2017/2172(DEC)

Draft opinion
Paragraph 4
4. Considers that the minutes of meetings of the Board of Supervisors and of the Stakeholder Groups, which are publicly available, should be published more swiftly. ; states that those minutes ought also to be clearer as regards how discussions relate to each other, what stances members have taken and how they have voted; points out that access to documents and information relating to internal meetings should be facilitated too;
2018/01/22
Committee: ECON
Amendment 28 #

2017/2172(DEC)

Draft opinion
Paragraph 4 a (new)
4a. Insists, in the light of the Authority's assignments and the positions recently adopted by Parliament in this connection, that the Authority set up a secure channel for whistle-blowers as quickly as possible.
2018/01/22
Committee: ECON
Amendment 1 #

2017/2171(DEC)

Draft opinion
Paragraph –1 (new)
-1. Points to the central role played by the European System of Financial Supervision and the three European Supervisory Authorities for ensuring better oversight over the financial system in response to the financial crisis and its economic, social and human consequences;
2018/01/22
Committee: ECON
Amendment 2 #

2017/2171(DEC)

Draft opinion
Paragraph –1 a (new)
-1a. Underscores, in this context, the importance of the European Banking Authority for ensuring - by means of appropriate common supervision of the Single Market - financial stability, the necessary transparency and greater security for the financial market;
2018/01/22
Committee: ECON
Amendment 3 #

2017/2171(DEC)

Draft opinion
Paragraph –1 b (new)
-1b. Stresses that, in carrying out its assignments, the Authority must pay detailed attention at all times to protecting consumers in the Union;
2018/01/22
Committee: ECON
Amendment 4 #

2017/2171(DEC)

Draft opinion
Paragraph 1 a (new)
1a. Welcomes the fact that, in the interests of business continuity, the city hosting the new headquarters of the Authority has been selected within a reasonable period of time; points out that Parliament will play its part to the full in putting that decision into practice;
2018/01/22
Committee: ECON
Amendment 6 #

2017/2171(DEC)

Draft opinion
Paragraph 2
2. Stresses that, while making sure that allInsists that the Authority carry out effectively, and on time, all the assignments are carried out sulting full and within deadline, the Authority should carefully adhere to the tasks and the mandate assigned to it by the European Parliament and the Councilrom the the regulatory framework laid down by Parliament and the Council, with a view to making the financial markets more secure and protecting European consumers more effectively;
2018/01/22
Committee: ECON
Amendment 21 #

2017/2171(DEC)

Draft opinion
Paragraph 3
3. NotesRegards it as essential that, as the Authority’s workload should have sufficient resources to carry out its increasingly shifting from legislative tasks to enforcing and applying the Union law, the Authority’s budget and manpower should be reallocated internallyassignments to the full, including dealing with any additional workload necessitated by those assignments and requiring an increase in resources; points out in addition that any increase in its workload may also be met by internally reallocating budget resources or manpower, provided that that does not impair full exercice by the Authority of its mandate;
2018/01/22
Committee: ECON
Amendment 25 #

2017/2171(DEC)

Draft opinion
Paragraph 3 a (new)
3a. Stresses that it is essential for the Authority, in view of the nature of its assignments, to exhibit transparency not only towards Parliament and the Council, but also towards all European citizens;
2018/01/22
Committee: ECON
Amendment 29 #

2017/2171(DEC)

Draft opinion
Paragraph 4
4. Considers that the minutes of meetings of the Board of Supervisors and of the Stakeholder Groups, which are publicly available, should be published more swiftly.; states that those minutes ought also to be clearer as regards how discussions relate to each other, what stances members have taken and how they have voted; points out that access to documents and information relating to internal meetings should be facilitated too;
2018/01/22
Committee: ECON
Amendment 32 #

2017/2171(DEC)

Draft opinion
Paragraph 4 a (new)
4a. Insists, in the light of the Authority's assignments and the positions recently adopted by Parliament in this connection, that the Authority set up a secure channel for whistle-blowers as quickly as possible.
2018/01/22
Committee: ECON
Amendment 3 #

2017/2085(INI)

Motion for a resolution
Citation 20 a (new)
- having regard to the package Europe on the Move, released by the Commission on 31st May 2017, which includes a set of 8 legislative initiatives with a special focus on road transport,
2017/07/17
Committee: TRAN
Amendment 20 #

2017/2085(INI)

Motion for a resolution
Recital C a (new)
C a. whereas there is a clear link between road safety and working conditions of road drivers;
2017/07/17
Committee: TRAN
Amendment 25 #

2017/2085(INI)

Motion for a resolution
Paragraph 1 – introductory part
1. Stresses that Member States should conduct efficient checks on road traffic, as among the main causes of accidents, at present as in the past, are inappropriate and excessive speed, distraction and driving under the influence of alcohol or drugs, excessive fatigue, and therefore calls on:
2017/07/17
Committee: TRAN
Amendment 35 #

2017/2085(INI)

Motion for a resolution
Paragraph 1 – point b a (new)
(b a) calls on the Commission to strengthen controls of the correct enforcement of compulsory working time and resting period of road drivers;
2017/07/17
Committee: TRAN
Amendment 36 #

2017/2085(INI)

Motion for a resolution
Paragraph 1 – point b b (new)
(b b) to facilitate those controls, asks the Commission to expand the smart tachograph obligation to light utility vehicles;
2017/07/17
Committee: TRAN
Amendment 44 #

2017/2085(INI)

Motion for a resolution
Paragraph 3
3. Calls on Member States to significantly improve their road infrastructure significantly by means of regular and effective maintenance and innovative measures;
2017/07/17
Committee: TRAN
Amendment 51 #

2017/2085(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Calls on the Commissions to set up a mechanism to ensure the European road infrastructure are in an adequate condition, and to set up maintenance standards, included in terms of correct road and traffic signs;
2017/07/17
Committee: TRAN
Amendment 76 #

2017/2085(INI)

Motion for a resolution
Paragraph 6 a (new)
6 a. Notes that the more vehicles are on the road, the more accidents might occur;calls therefore on the Member States and the Commission to promote collective and shared mobility, especially in urban areas, in order to reduce the circulating fleet, and to increase the proportion of bicycles and of professionally driven vehicles;
2017/07/17
Committee: TRAN
Amendment 135 #

2017/2085(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Calls on the Commission to test those safety devices when performing vehicles market surveillance;
2017/07/17
Committee: TRAN
Amendment 30 #

2017/2053(INI)

Draft opinion
Paragraph 2 a (new)
2a. Considers that a genuine own resource based on CCCTB meets the principles of fairness and democracy, since it restores our capacity to levy tax on multinational undertakings which are among the biggest beneficiaries of the internal market
2017/12/11
Committee: ECON
Amendment 32 #

2017/2053(INI)

Draft opinion
Paragraph 2 b (new)
2b. A severe lack in investments has been one of the root causes of the Union’s economic troubles, yet the Union’s budget is still insufficiently geared towards future-oriented investments. Creating additional Union budget-related resources is possible according to the existing flexibilities of the Treaty. The CCCTB should therefore aim at having a part of the EU fiscal revenues financed from the common consolidated corporate tax base.
2017/12/11
Committee: ECON
Amendment 33 #

2017/2053(INI)

Draft opinion
Paragraph 2 c (new)
2c. The Commission should make the CCCTB-base down resource available to the EU budget, by way of introducing a common rate within the regulation. This should be a rate of 5% of the common consolidated corporate tax base, which should flow into the European budget as a new genuine own resource, in order to proportionally reduce Member State contributions to it.
2017/12/11
Committee: ECON
Amendment 34 #

2017/2053(INI)

Draft opinion
Paragraph 5 a (new)
5a. Considers that the focus should be on the genuine EU own resources, such as a tax based on the common consolidated corporate tax base (CCCTB);
2017/11/29
Committee: INTA
Amendment 8 #

2017/0335(CNS)

Proposal for a directive
The European Parliament rejects the Commission proposal.
2018/10/18
Committee: ECON
Amendment 86 #

2017/0123(COD)

Proposal for a regulation
Recital 8 a (new)
(8 a) In order to ensure that all EU rules for mobile workers are implemented in effective way, a European Land Transport Agency should be responsible for inspecting and enforcing the rules. It should provide operational and legal support to Member States to enforce social legislation and undertake European wide inspections. The European Land Transport Agency should be responsible for the monitoring of the European Road transport undertakings register.
2018/02/23
Committee: TRAN
Amendment 161 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Regulation 1071/2009
Article 1 – paragraph 6
6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes. Member States may, however: (a) require those undertakings to apply some or all of the provisions referred to in the first subparagraph; (b) lower the limit referred to in the first subparagraph for all or some categories of road transport operations.;deleted
2018/02/23
Committee: TRAN
Amendment 194 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a a (new)
Regulation 1071/2009/EC
Article 5 – point a a (new)
(a a) the following point (a a) is added: (a a) The vehicles referred to in point (b) shall perform, in the framework of a transport contract, at least one loading or one unloading of goods per week in the premises of one company located in the same territory than the one of the establishment country.
2018/02/23
Committee: TRAN
Amendment 234 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a – point iii (new)
Regulation 1071/2009
Article 6, paragraphe 1 point b (xii a) new
(xii a) cabotage
2018/02/23
Committee: TRAN
Amendment 248 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Regulation 1071/2009
Article 7 paragraph 1
In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least : (a) EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle used. (b) two months’ worth of salary per employed mobile worker, at the level of the country where or from where they habitually carry out their activity. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.;
2018/02/23
Committee: TRAN
Amendment 272 #

2017/0123(COD)

(-i) the names of the road transport undertakings previously managed by the transport managers;
2018/02/23
Committee: TRAN
Amendment 281 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h a (new)
(ha) the name, nationality and country of residence of the drivers employed by the haulier;
2018/02/23
Committee: TRAN
Amendment 282 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h b (new)
(hb) The Member State of registration of labour contracts;
2018/02/23
Committee: TRAN
Amendment 283 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a – point i (new)
Regulation (EC) No 1071/2009
Article 16 – paragraph 2 – point h c (new)
(hc) The social insurance number of the drivers employed by the haulier;
2018/02/23
Committee: TRAN
Amendment 303 #

2017/0123(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EC) No 1071/2009
Article 16 a (new)
(11a) The following Article 16 a is introduced: Article 16 a European Register for Road Transport Undertakings 1. The European Register for Road Transport Undertakings shall ensure the interconnection of national electronic registers accordingly to Commission regulation (EU) No 1213/2010 of16 December 2010. 2. Transport Undertakings shall establish an integrated operator file for each licensed operator containing all the information referred into Article 16 paragraph 2. 3. The European Register for Road Transport Undertakings shall establish an integrated compliance file for each licensed operator. The integrated compliance file shall include the following information : i. All the information related to the roadside checks of which the haulier has been the subject, accordingly to Article 4 of Directive 2006/22; ii. All the information related to the checks at the premises of which the hauliers have been the subject, accordingly to article 6 of Directive 2006/22; iii. All the information related to the operator risk rating, accordingly to Article 9 of Directive 2006/22; 4. The European Register for Road Transport Undertakings shall include a list of hauliers subject to an operating ban. The list shall be based on the risk rating ratio of the hauliers. The list shall be made public. 5. The European Land Transport Agency shall be responsible for the monitoring of the European Road transport undertakings register. The European Land Transport Agency shall be responsible for reviewing every year the list of hauliers subject to an operating ban. 6. The data included in the European Register for Road Transport Undertakings shall be accessible in real time to the competent authorities and authorities duly endowed with powers relating to supervision and the imposition of penalties in the road transport sector.
2018/02/23
Committee: TRAN
Amendment 339 #

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
Regulation (EC) No 1072/2009
Article 1 – paragraph 1 – subparagraph 1 a
The carriage of empty containers or pallets shall be considered as carriage of goods for hire or reward whenever it is subject to a transport contract.;deleted
2018/02/23
Committee: TRAN
Amendment 346 #

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EC) No 1072/2009
Article 1 – paragraph 1 a (new)
(1a) This Regulation shall also apply to incoming or outgoing carriage of goods by road as one leg of a combined transport journey as laid down in the Directive 92/106/EEC.
2018/02/23
Committee: TRAN
Amendment 358 #

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a
Regulation (EC) No 1072/2009
Article 2 – paragraph 6
6. ‘cabotage operation’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery points, as, specified in the consignment note;;
2018/02/23
Committee: TRAN
Amendment 378 #

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a
Regulation 1072/2009
Article 8 paragraph 2
2. Once the goods carried in the course of an incoming international carriage from another haulier's Member State or from a third country to a host Member Statef establishment have been delivered, the 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 two cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 5 day48 hours from the last unloading in the host Member State in the course of theis incoming international carriage, subject to a transport contract. After the 48 hours, the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle shall be allowed to perform cabotage operation after returning to the Member State of establishment of the road transport operator.;
2018/02/23
Committee: TRAN
Amendment 398 #

2017/0123(COD)

2a. Road transport undertakings shall not be allowed to carry out cabotage operations, with the same vehicle, or, in the case of a coupled combination, the motor vehicle of that same vehicle, in the same host Member State within 7 days from the end of the 48 hours period referred to in paragraph 1
2018/02/23
Committee: TRAN
Amendment 401 #

2017/0123(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 – point a (new)
Regulation (EC) No 1072/2009
Article 8 – paragraph 2 b (new)
2b. In case the vehicle is not equipped with a smart tachograph, the control authorities may require clear evidence that operations have been carried out at least in 3 different member states in a time span of 7 consecutive days.
2018/02/23
Committee: TRAN
Amendment 44 #

2017/0122(COD)

Proposal for a regulation
Recital 1
(1) Good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe, efficient and socially accountable road transport sector, which is able to attract qualified workers and ensure a wide-level playing field across Europe. To facilitate that process it is essential that the Union social rules in road transport are clear, fit for purpose, easy to apply and to enforce and implemented in an effective and consistent manner throughout the Union.
2018/02/27
Committee: TRAN
Amendment 84 #

2017/0122(COD)

Proposal for a regulation
Recital 6
(6) Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirableIn order to secure decent working conditions it is necessary to adapt the provision on the regular weekly rest in such a way that it isorder to make it easier for drivers to carry out transport operations in compliance with the rules and to reach their home for a regular weekly rest, and bewhilst being fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long and to ensure that drivers have both the opportunity and the means to return home on a regular basis.
2018/02/27
Committee: TRAN
Amendment 97 #

2017/0122(COD)

Proposal for a regulation
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 private accommodation paid by the employer for their regular weekly rest periods if they are taken away from home.
2018/02/27
Committee: TRAN
Amendment 113 #

2017/0122(COD)

Proposal for a regulation
Recital 8
(8) Drivers areIn order to ensure the objective of this Regulation to improve road safety and to protect drivers and other road users, who often are faced with unforeseen circumstances which make it impossible to reach a desired destination for taking a weekly rest without violating Union rules. I, it is desirable to make it easier for drivers to cope with those circumstances and enable them to reach their destination for a weekly rest without breaching the requirements on maximum driving times.
2018/02/27
Committee: TRAN
Amendment 143 #

2017/0122(COD)

Proposal for a regulation
Recital 11 a (new)
(11a) In order to guarantee effective enforcement when carrying out roadside checks, the competent authorities should be able to observe whether the rules regarding driving and rest time periods have been complied with on the day of the check and over the preceding 56 days.
2018/02/27
Committee: TRAN
Amendment 149 #

2017/0122(COD)

Proposal for a regulation
Recital 11 b (new)
(11b) In order to improve road safety and the working conditions of drivers, the scope of Regulation (EC) No 561/2006 should cover drivers of vehicles for the transport of goods with a permissible mass of more than 2,4 tonnes.
2018/02/27
Committee: TRAN
Amendment 159 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a
(-1) In Article 2, paragraph 1, the point (a) is amended as follows : "(a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,52,4 tonnes, or (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32006R0561&rid=1)" Or. en
2018/02/27
Committee: TRAN
Amendment 162 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)
Regulation (EC) No 561/2006
Article 2 – paragraph 1 – point a
-1a Article 2, paragraph 1, point a is amended as follows: "(a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,52,4 tonnes, or " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
2018/02/27
Committee: TRAN
Amendment 181 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EC) No 561/2006
Article 4 – paragraph 1 – point h
(2b) In Article 4, point (h) is amended as follows: "For the purposes of this Regulation the following definitions shall apply: (h) ‘weekly rest period’ means the weekly period during which a driver may freely dispose of his time, has no duties over his employer and covers a ‘regular weekly rest period’ and a ‘reduced weekly rest period’: – ‘regular weekly rest period’ means any period of rest of at least 45 hours, – ‘reduced weekly rest period’ means any period of rest of less than 45 hours, which may, subject to the conditions laid down in Article 8(6), be shortened to a minimum of 24 consecutive hours; " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
2018/02/27
Committee: TRAN
Amendment 182 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1 b (new)
Regulation (EC) No 561/2006
Article 4 – paragraph 1 – point h
(1b) Article 4 paragraph (h) is amended as follows "(h) ‘weekly rest period’ means the weekly period during which a driver may freely dispose of his time, and do not have any duty to his employer, and covers a ‘regular weekly rest period’ and a ‘reduced weekly rest period’: – ‘regular weekly rest period’ means any period of rest of at least 45 hours, – ‘reduced weekly rest period’ means any period of rest of less than 45 hours, which may, subject to the conditions laid down in Article 8(6), be shortened to a minimum of 24 consecutive hours; (http://eur-lex.europa.eu/resource.html?uri=cellar:5cf5ebde-d494-40eb-86a7-" Or. en 2131294ccbd9.0005.02/DOC_1&format=PDF)
2018/02/27
Committee: TRAN
Amendment 201 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 6 – paragraph 1 and 2
(2a) Article 6, paragraph 1 and 2 is replaced as follows: "1. The daily driving time shall not exceed nineeight hours. However, the daily driving time may be extended to at most 10nine hours not more than twice during the week. 2. The weekly driving time shall not exceed 560 hours and shall not result in the maximum weekly working time laid down in Directive 2002/15/EC being exceeded. 3. The total accumulated driving time during any two consecutive weeks shall not exceed 90 hours. 4. Daily and weekly driving times shall include all driving time on the territory of the Community or of a third country. 5. A driver shall record as other work any time spent as described in Article 4(e) as well as any time spent driving a vehicle used for commercial operations not falling within the scope of this Regulation, and shall record any periods of availability, as defined in Article 15(3)(c) of Regulation (EEC) No 3821/85, since his last daily or weekly rest period. This record shall be entered either manually on a record sheet, a printout or by use of manual input facilities on recording equipment. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
2018/02/27
Committee: TRAN
Amendment 204 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EC) No 561/2006
Article 6 – paragraph 1 and 2
1. The daily driving time shall not exceed nine hours. However, the daily driving time may be extended to at most 10 hours not more than twice during the week(2a) In Article 6, paragraphs 1 and 2 are amended as follows: "1. The daily driving time shall not exceed 8 hours. 2. The weekly driving time shall not exceed 5648 hours and shall not result in the maximum weekly working time laid down in Directive 2002/15/EC being exceeded. (http://eur-lex.europa.eu/resource.html?uri=cellar:5cf5ebde-d494-40eb-86a7-" Or. en 2131294ccbd9.0005.02/DOC_1&format=PDF)
2018/02/27
Committee: TRAN
Amendment 243 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 6 – subparagraph 1
(a) in paragraph 6, the first subparagraph is replaced by the following: ‘6. In any four consecutive weeks a driver shall take at least: (a) four regular weekly rest periods, or (b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours. For the purposes of point (b), the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.’deleted
2018/02/27
Committee: TRAN
Amendment 245 #

2017/0122(COD)

6. In any four consecutive weeks a driver shall take at least: (a) four regular weekly rest periods, or (b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours. For the purposes of point (b), the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.deleted
2018/02/27
Committee: TRAN
Amendment 325 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a
8a. The regular weekly rest periods, the reduced 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 private sleeping and sanitary facilities;
2018/02/27
Committee: TRAN
Amendment 327 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a
8a. The reduced weekly rest periods and 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;
2018/02/27
Committee: TRAN
Amendment 346 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a a (new)
8a a. A driver may derogate from paragraph 8a of this Article when the reduced weekly rest periods is taken in locations certified as complying with the requirements of Article 8a, provided that the vehicle is stationary and has suitable sleeping facilities for each driver.";
2018/02/27
Committee: TRAN
Amendment 347 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 a a (new)
8a a. A driver may derogate from paragraph 8a of this article when the reduced weekly rest periods is taken in locations certified as complying with the requirements of Article 8a, provided that the vehicle is stationary and has suitable sleeping facilities for each driver.
2018/02/27
Committee: TRAN
Amendment 349 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2004
Article 8 – paragraph 8 b
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 home within each period of three consecutive weeks.; or at another private location chosen by the driver within each period of three consecutive weeks. The driver shall inform the transport undertaking no later than one month before such rest periods will be taken in a place other than the driver’s home. The drivers journey to and from home or another private location chosen by the driver shall be either provided or paid for by the employer. Time spend travelling to and from home or to and from a private location cannot be considered as rest. By default, driver's home is deemed located in the establishment country of the company. Any other individual situation shall be duly justified by way of a written procedure which can be controlled timely by the competent national authorities.
2018/02/27
Committee: TRAN
Amendment 351 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b
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 home within each period of three consecutive weeks.;or at another private location chosen by the driver within each period of three consecutive weeks. The driver shall inform the transport undertaking no later than one month before such rest periods will be taken in a place other than the driver’s home. The drivers journey to and from home or another private location chosen by the driver shall be either provided or paid for by the employer. Time spent travelling to and from home or to and from a private location cannot be considered as rest. By default, driver's home is deemed located in the establishment country of the company. Any other individual situation shall be duly justified by way of a written procedure which can be adequately controlled by the competent national authorities.
2018/02/27
Committee: TRAN
Amendment 369 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b a (new)
8b a. The regular weekly rest, eventually supplemented by compensations, shall not be impacted by the travel time from either the location where the vehicle, as referred in Article 3c) of directive 2002/15/EC, is left to the home, or to return to this vehicle.
2018/02/27
Committee: TRAN
Amendment 371 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c (new)
Regulation (EC) No 561/2006
Article 8 – paragraph 8 b c (new)
8b c. The regular weekly rest, eventually supplemented by compensations, shall not be impacted by the travel time neither from the location where the vehicle, as referred in Article 3.c) of Directive 2002/15/EC, is left to the home, or to return to this vehicle.
2018/02/27
Committee: TRAN
Amendment 372 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c a (new)
(c a) 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 [31 December 2019], present an overall report to the European Parliament and the Council on the availability of suitable rest facilities for drivers and secured parking facilities on the TEN-T network. This report shall be updated every two years on the basis of information gathered by the European Commission and contain a list of proposed measures to increase the number and quality of suitable rest facilities for drivers and secured parking facilities. On the basis of these reports, the European Commission shall reassess whether it is necessary to propose additional measures.
2018/02/27
Committee: TRAN
Amendment 398 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EC) No 561/2006
Article 10 – paragraph 1
(6 a) Article 10, paragraph 1 is amended as follows: "Article 10 1. A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation. that endangers road safety and/or encourages infringement of this Regulation, including but not limited to time such as fast delivery, distances travelled and/or the amount of goods carried;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32006R0561&from=EN)
2018/02/27
Committee: TRAN
Amendment 425 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8 (new)
Regulation (EC) No 561/2004
Article 14 – paragraph 2 a (new)
2 a. (8a) In Article 14, the following new paragraph shall be added: "This information shall be published on the European Commission website and stakeholder representatives in the EC Committee on Road Transport shall be duly notified."
2018/02/27
Committee: TRAN
Amendment 430 #

2017/0122(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 10 (new)
Regulation (EC) No 561/2006
Article 19 – paragraph 1 a (new)
1 a. The European Commission shall create and maintain a dedicated public web page on its website, containing detailed information on such penalties applicable in EU Member States.
2018/02/27
Committee: TRAN
Amendment 443 #

2017/0122(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point -1 (new)
Regulation (EU) No 165/2014
Article 3 – paragraph 4
4. 15 year-1 In Article 3, paragraph 4 is amended as follows: ""4. Six months after newly registered vehicles are required to have a tachograph as provided in Articles 8, 9 and 10, vehicles operating in a Member State other than their Member State of registration shall be fitted with such a tachograph. "" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014R0165&from=EN)
2018/02/27
Committee: TRAN
Amendment 466 #

2017/0122(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Regulation (EU) No 165/2014
Article 9 – paragraph 2
2. 15 year(1 a) In Article 9, paragraph 2 is replaced by the following: "2. Six months after newly registered vehicles are required to have a tachograph as provided for in this Article and in Articles 8 and 10, Member States shall equip their control authorities to an appropriate extent with remote early detection equipment necessary to permit the data communication referred to in this Article, taking into account their specific enforcement requirements and strategies. Until that time, Member States may decide whether to equip their control authorities with such remote early detection equipment. " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014R0165&from=EN)
2018/02/27
Committee: TRAN
Amendment 472 #

2017/0122(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Regulation (EU) No 165/2014
Article 34 – paragraph 6 – point b
(2 b) the date and place where use of the record sheet begins andIn Article 34, paragraph 6, point b is replaced as follows: "(b) at the beginning, at the end of the use of the record sheet and every time the vehicle crosses a border of a Member State: the dattime and place where such use ends; " Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014R0165&qid=1519650301771&from=EN)
2018/02/27
Committee: TRAN
Amendment 479 #

2017/0122(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EU) No 165/2014
Article 34 – paragraph 7 – subparagraph 1
7. TWhere the tachograph is not able to automatically record the location of the vehicle, 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. . After crossing a border, the driver shall stop at the first suitable place of his choice and, at the latest, 30 minutes after crossing the border to enter in the digital tachograph the symbols of the country. 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..
2018/02/27
Committee: TRAN
Amendment 480 #

2017/0122(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EU) No 165/2014
Article 34 – paragraph 7 – subparagraph 1
7. TIf the tachograph is not able to record automatically location of the vehicle, 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. After crossing a border, the driver shall stop at the first suitable place of his choice and, at the latest, 30 minutes after crossing the border to enter in the digital tachograph the symbols of the country. 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..
2018/02/27
Committee: TRAN
Amendment 44 #

2017/0121(COD)

Proposal for a directive
Recital 1
(1) The free movement of workers, freedom of establishment, and freedom to provide services are fundamental principles of the internal market in the Union; they are enshrined in the Treaty on the Functioning of the European Union (TFEU) and are essential to a properly functioning internal market. The implementation and enforcement of those principles is further developed by the Union, aimed at guaranteeing a level playing field for businesses, combating the circumvention of rules, respecting workers’ rights, improving working conditions, and enhancing social cohesion among Member States. In order to create a safe, efficient and socially responsible road transport sector, it is therefore necessary to ensure adequateequal pay for equal work at the same place, decent working conditions and social protection for drivers, on the one hand, and suitable business and fair competition conditions for operators, on the other.
2018/02/23
Committee: TRAN
Amendment 51 #

2017/0121(COD)

Proposal for a directive
Recital 1 a (new)
(1a) In order to ensure that control measures for the posting of drivers in the road transport sector are correctly applied as defined by Directives 96/71/EC and 2014/67/EU, controls and cooperation at Union level to tackle fraud relating to the posting of drivers should be strengthened and stricter checks should be carried out; bearing in mind that the transport sector is one of the most vulnerable sectors, and that working conditions should be significantly improved in order to increase the attractiveness of the profession, there is a need to ensure that social contributions for posted drivers are actually paid and that social protection is respected.
2018/02/23
Committee: TRAN
Amendment 58 #

2017/0121(COD)

Proposal for a directive
Recital 2 a (new)
(2a) The road transport sector is highly competitive and characterized by a dimension of distortions generated by abusive forum shopping practices of undertakings in order to lower or avoid costs on wages and social security contributions or other social and working conditions which led to a race to the bottom competition in the past; whereas the internal market would benefit from a level playing field, further steps should be taken to prevent abusive practices by road transport operators though forum shopping, therefore the Commission is asked to evaluate and propose further horizontal measures in European Company law to end regime shopping and regulatory arbitrage by road transport operators.
2018/02/23
Committee: TRAN
Amendment 70 #

2017/0121(COD)

Proposal for a directive
Recital 4 a (new)
(4a) In order to ensure that control measures for the posting of drivers in the road transport sector are correctly applied as defined by Directives 96/71/EC and 2014/67/EU, controls and cooperation at Union level to tackle fraud relating to the posting of drivers should be strengthened and stricter checks should be carried out; bearing in mind that the transport sector is one of the most vulnerable sectors, and that working conditions should be significantly improved in order to increase the attractiveness of the profession, there is a need to ensure that social contributions for posted drivers are actually paid and that social protection is respected.
2018/02/23
Committee: TRAN
Amendment 91 #

2017/0121(COD)

Proposal for a directive
Recital 9
(9) Difficulties have also been experienced in applying the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council15 and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council16 to the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated highnot only unnecessary administrative burdens for non-resident Union operators. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on joboperators but also a high degree of legal uncertainty for drivers. _________________ 15 Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.97, p.1) 16 Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
2018/02/23
Committee: TRAN
Amendment 93 #

2017/0121(COD)

Proposal for a directive
Recital 10
(10) The Commission, in its proposal of 8 March 201617 for the revision of Directive 96/71/EC, recognized that the implementation of that Directive raises particular legal questions and difficulties in the highly mobile road transport sector and indicated that those issues should be best addressed through sector-specific road transport legislation; however, the road transport sector being highly competitive and characterized by distortions and abusive practices by road transport operators, further horizontal measures such as the protective minimum provisions of Directive 96/71/EC should be applied to all activities, including cabotage and international transports. _________________ 17 COM(2016)128
2018/02/23
Committee: TRAN
Amendment 95 #

2017/0121(COD)

Proposal for a directive
Recital 10 a (new)
(10a) Given the fact that there is a lack of drivers in Europe, working conditions should be significantly improved in order to increase the attractiveness of the profession.
2018/02/23
Committee: TRAN
Amendment 96 #

2017/0121(COD)

Proposal for a directive
Recital 11
(11) In order to ensure the effective and proportionate implementation of Directive 96/71/EC in the road transport sector, it is necessary to establish sector- specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom to provide cross-border services for operators.deleted
2018/02/23
Committee: TRAN
Amendment 113 #

2017/0121(COD)

Proposal for a directive
Recital 12
(12) Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be establishCabotage operations as defined, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to cabotage operations as defined by Regulations 1072/200918 and 1073/200919 since the entiry Regulations (EC) No 1072/200918 and 1073/200919are service provisions which are covered by Directive 96/71/EC as the transport operation is entirely taking place in a hostnother Member State. As a consequence the minimum rate of payremuneration and the minimum annual paid holidays of the host Member State should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. _________________ 18 Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72). 19 Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88)
2018/02/23
Committee: TRAN
Amendment 141 #

2017/0121(COD)

Proposal for a directive
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workersexisting Directive 96/71/EC in all activities of road transport sector and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachographand the smart tachographs, which have to be installed in all vehicles used in international transport on a mandatory basis, no later than the 2nd of January 2020.
2018/02/23
Committee: TRAN
Amendment 143 #

2017/0121(COD)

Proposal for a directive
Recital 13
(13) In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workersDirective 96/71/EC in the transport sector and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph, which has to be introduced on a mandatory basis by the 2nd of January2020, at the latest.
2018/02/23
Committee: TRAN
Amendment 146 #

2017/0121(COD)

Proposal for a directive
Recital 13 a (new)
(13a) In order to ensure a fair and level playing field for workers and business there is a need to make progress towards smart enforcement and to provide all possible support for the full introduction and use of risk-rating systems. To this end, the enforcement authorities need to be given real-time access to national electronic registers (NERs), while making maximum use of the European Register of Road Transport Undertakings (ERRU). The establishment of the European Land Transport Agency, whose main competence would be to improve the compliance culture in road transport and providing support for policymaking in the sector at both EU and national level, would also ensure better cross-border enforcement of the EU rules applicable to road transport.
2018/02/23
Committee: TRAN
Amendment 170 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point a
Directive 2006/22/EC
Article 2 – paragraph 1 – subparagraph 2
These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles of all transport categories falling within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and of mobile workers and drivers falling withing the scope of Directive 2002/15/EC.;
2018/02/23
Committee: TRAN
Amendment 196 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Directive 2006/22/EC
Article 8 – paragraph 1 – point b
(b) upon reasonedspecific request by a Member State in individual cases.
2018/02/23
Committee: TRAN
Amendment 197 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a a (new)
Directive 2006/22/EC
Article 8 – paragraph 1 – introductory part
(aa) in paragraph 1, the introductory part is replaced by the following: "1. Information made available bilaterally under Article 17(322(2) of Regulation (EEC) No 3820/85561/2006 or Article 19(3)40 of Regulation (EECU) No 3821/85165/2014 shall be exchanged between the designated bodies notified to the Commission in accordance with Article 7(2): :" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1518624583507&uri=CELEX:32006L0022)
2018/02/23
Committee: TRAN
Amendment 206 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 1
Member State shall submitprovide the information requested by other Member States pursuant to paragraph 1(b) of this Article within 25 working days from the receipt of the request in cases requiring in- depth examination or involving checks at premises of the undertakings concerned. A shorter time limit may be mutually agreed between the Member States. In urgent cases or cases requiring simple consultation of registers, such as of a risk rating system, the requested information shall be submitted within three working days.
2018/02/23
Committee: TRAN
Amendment 208 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within 105 working days. The requesting Member State shall further substantiate the request and the Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. Where this is not possible, the request may be rejected by the requested Member State. In such a case, the requesting Member State may refer the complaint to the Commission, who may take necessary measures as appropriate.
2018/02/23
Committee: TRAN
Amendment 210 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 2
Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within 10five working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State.
2018/02/23
Committee: TRAN
Amendment 213 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 3
Where it is difficult or impossible to comply with a request for information or to carry out checks, inspections or investigations, the Member State in question shall inform the requesting Member State accordingly within 10 working days, giving reasons. The Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised.deleted
2018/02/23
Committee: TRAN
Amendment 214 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Directive 2006/22/EC
Article 8 – paragraph 1 a – subparagraph 3
Where it is difficult or impossible to comply with a request for information or to carry out checks, inspections or investigations, the Member State in question shall inform the requesting Member State accordingly within 10five working days, giving reasons. The Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised.
2018/02/23
Committee: TRAN
Amendment 219 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point a
Directive 2006/22/EC
Article 9 – paragraph 1 – subparagraph 2
The Commission shall, by means of implementing acts, establish a common formula for calculating a risk rating of undertakings, which shall take into account the number, severity and frequency of occurrence of infringements as well as the results of controls where no infringement has been detected and whether a road transport undertaking has been using the smart tachograph, pursuant to Chapter II of Regulation (EU) No 165/2014, on all its vehicles. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this Directive.
2018/02/23
Committee: TRAN
Amendment 224 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c a (new)
Directive 2006/22/EC
Article 9 – paragraph 5 a
(ca) the following paragraph 5a is added: 5a. The smart tachograph, whose data have to indicate the exact positioning of the drivers and in particular when the drivers cross the borders over the span of a 56-day period, shall be introduced on all vehicles engaged in international transport and cabotage no later than the 2nd of January 2020;
2018/02/23
Committee: TRAN
Amendment 228 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 4
4. In order to facilitate targeted roadside checks, the data contained in the national risk rating system shall be accessible at the time of control to all the competent control authorities of the Member State concerneds.;
2018/02/23
Committee: TRAN
Amendment 230 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Directive 2006/22/EC
Article 9 – paragraph 5
5. Member States shall make the information contained in the national risk rating system available upon request or directly accessibledirectly accessible through the European Register for Road Transport Undertakings and to all competent authorities of other Member States in accordance with the time limits set out in Article 8.;
2018/02/23
Committee: TRAN
Amendment 232 #

2017/0121(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2006/22/EC
Article 11 – paragraph 3
3. The Commission shall establish a common approach to recording and controlling periods of other work, as defined in point (e) of Article 4 of Regulation (EC) No 561/2006, and periods of at least one week during which a driver is away from the vehicle, by implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2);deleted
2018/02/23
Committee: TRAN
Amendment 250 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 1
1. This Article establishes specific rules as regards certain aspectsthe enforcement of Directive 96/71/EC relating to the posting of drivers in the road transport sector and of Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of those drivers.
2018/02/23
Committee: TRAN
Amendment 253 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 1 a (new)
1a. In order to facilitate the checks and make controls more effective, Member States shall ensure that transport operators use smart tachographs as referred to in Article 8 of Regulation (EU) No 165/2014 in vehicles which are used for international transport operations and cabotage operations as defined by Regulations (EC) No 1072/2009 and 1073/2009, as well as for road leg of combined transport as defined in Directive 1992/106/EC.
2018/02/23
Committee: TRAN
Amendment 254 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 1 a (new)
1a. The smart tachograph, whose data have to indicate the exact positioning of the drivers and in particular when the drivers cross the borders over the span of a 56-day period, shall be introduced on all vehicles engaged in international transport and cabotage no later than the 2nd of January 2020;
2018/02/23
Committee: TRAN
Amendment 259 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 1 b (new)
1b. The smart tachograph, whose data will indicate the location of drivers over the span of a 56-dayperiod shall be introduced on all vehicles engaged in international transport and cabotage by the 2nd of January 2020, at the latest.
2018/02/23
Committee: TRAN
Amendment 262 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
Member States shall not apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month.deleted
2018/02/23
Committee: TRAN
Amendment 290 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 a (new)
The provisions of Directive 96/71/EC as amended by ... [2016/0070 (COD)] as well as the enforcement Directive 2014/67/EU shall apply to transport undertakings performing cabotage operations, as well as to the incoming or outgoing carriage of goods by road as one leg of a combined transport journey, as laid down in Council Directive 92/106/EEC on the establishment of common rules for certain types of combined transport of goods between Member States.
2018/02/23
Committee: TRAN
Amendment 294 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 b (new)
The provisions of these Directives shall also apply to the international transport as long as the posting conditions specified in Article 1.3 of Directive 96/71/EC as amended by ... [2016/0070 (COD)] are met.
2018/02/23
Committee: TRAN
Amendment 295 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1 c (new)
In order to facilitate the implementation and the compliance with this Directive, within two years from the adoption of the provisions of Directive 96/71/EC as amended by ... [2016/0070 (COD)] the European Commission shall provide centralised information on the sets of national rules, the component elements and the levels of remuneration for all EU Member States. This information will be publicly available.
2018/02/23
Committee: TRAN
Amendment 303 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 2
When the period of posting is longer than 3 days, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entire period of posting to their territory during the period of one calendar month referred to in the first subparagraph.deleted
2018/02/23
Committee: TRAN
Amendment 337 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 3
3. For the purposes of the calculation of the periods of posting referred to in paragraph 2: (a) a daily working period shorter than six hours spent in the territory of a host Member State shall be considered as half a day; (b) a daily working period of six hours or more spent in the territory of a host Member State shall be considered as a full day; (c) breaks and rest periods as well as periods of availability spent in the territory of a host Member State shall be considered as working period.deleted
2018/02/23
Committee: TRAN
Amendment 397 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4 – introductory part
4. Member States may only impose the following administrative requirements and control measures necessary to ensure effective monitoring of compliance with the obligations arising from this Directive and Article 9 of Directive 2014/67/EU, provided that they are justified in accordance with Union law and relatively. To this end Member States may, in particular, provide for the following measures:
2018/02/23
Committee: TRAN
Amendment 410 #

2017/0121(COD)

(a) For each posted driver and each posting, an obligation for the road transport operator established in another Member State to send a posting declaration to the national competent authorities at the latest atprior to the commencement of the posting, in electronic forma standardised electronic form developed and made available by the Commission, at the latest 2 years after the publication of this Directive, in an official language of the host Member State or in English, containing onlyat least the following information:
2018/02/23
Committee: TRAN
Amendment 433 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4 – point a – point iii
(iii) the anticipated number and the identities of posted drivinformation about the posted drivers including at least the following: the identity, the country of residence, the country where the labour contract is based, the country of payment of social contributions and the social security numbers;
2018/02/23
Committee: TRAN
Amendment 466 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4 – point b
(b) an obligation for the driver to keep and make available, where requested at the roadside control, in paroad transport oper ator electronic form, a copy of the posting declaration and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Councilto provide the driver with the following documents for the purpose of road sidechecks:.
2018/02/23
Committee: TRAN
Amendment 475 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4 – point b – point i (new)
(i) a copy of the posting declaration in paper or electronic form;
2018/02/23
Committee: TRAN
Amendment 477 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4 – point b – point ii (new)
(ii) evidence of the transport operation taking place in the host Member State as referred in the legal act amending Regulation (EC) No 1072/2009 of the European Parliament and the Council;
2018/02/23
Committee: TRAN
Amendment 478 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4 – point b – point iii (new)
(iii) the electronic CMR;
2018/02/23
Committee: TRAN
Amendment 479 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4 – point b – point iv (new)
(iv) a copy of the employment contract in (one of) the official languages of the host Member State, or in English;
2018/02/23
Committee: TRAN
Amendment 480 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4 – point b – point v (new)
(v) a copy of the payslips for the past two months, in paper or electronic form;
2018/02/23
Committee: TRAN
Amendment 484 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4 – point c
(c) an obligation for the driver to keep and make available, where requested at the roadside control, the tachograph records, and in particular the country codes of Member States where the driver has been present when carrying out international road transport operations or cabotage operations;deleted
2018/02/23
Committee: TRAN
Amendment 494 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4 – point d
(d) an obligation for the driver to keep and make available, where requested at the roadside control, in paper or electronic form, a copy of the employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC20 , translated into one of the official languages of the host Member State or into English; _________________ 20 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32)deleted Council Directive 91/533/EEC of 14
2018/02/23
Committee: TRAN
Amendment 512 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4 – point e
(e) an obligation for the driver to make available, where requested at the roadside control, in paper or electronic form, a copy of payslips for last two months; during the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide this copy;deleted
2018/02/23
Committee: TRAN
Amendment 536 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4 – point f
(f) an obligation for the road transport operator to deliver, after the period of posting, in paper or electronic form, copies of documents referred to in points (b), (c) and (e), at the request of the authorities of the host Member State within a reasonable period of time5 days from the request;
2018/02/23
Committee: TRAN
Amendment 546 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 4 a (new)
4a. Evidence referred to in Article 2, paragraph 4 shall be kept on the vehicle and presented to the authorised inspecting officers of the host Member State in the event of roadside checks.
2018/02/23
Committee: TRAN
Amendment 553 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 5
5. For the purposes of point (a) of paragraph 4 the road transport operator may provide aTo safeguard that the provisions of Directive 96/71/EC as amended by ... [2016/0070 (COD)] as well as the provisions of Directive 2014/67/EU are met, during roadside checks, the competent authorities of the Member State of the posting shall verify the following: (a) the tachograph data of the current day and that of the poasting declaration covering a period of a maximum of six months 56 days; (b) the electronic consignment notes of the current day and of the past 56 days; (c) the documents referred to in paragraph 4 of this Article.
2018/02/23
Committee: TRAN
Amendment 559 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 5 – point a (new)
(a) the electronic consignment notes of the current day and the past 56 days;
2018/02/23
Committee: TRAN
Amendment 560 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 5 – point b (new)
(b) the documents referred to in Article 2, paragraph 4 (a) (b) and (f);
2018/02/23
Committee: TRAN
Amendment 562 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 5 a (new)
5a. The roadside check authorities shall transmit all information referred to in the above paragraph to the competent authorities of the Member State of posting, for an assessment of compliance with the legal acts referred to in the above paragraph. In order to facilitate the implementation and the application of this Directive the competent authorities of the Member States shall cooperate closely and provide each other with mutual assistance and all relevant information, within the conditions laid down in Directive 2014/67/EU and in Regulation (EC) No1071/2009.
2018/02/23
Committee: TRAN
Amendment 563 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 5 a (new)
5a. To safeguard that the provisions of Directive 96/71/EC as amended by ... [2016/0070 (COD)], as well as the provisions of Directive 2014/67/EU are met, during roadside checks the competent authorities of the Member State of the posting shall verify the following: (a) the tachograph data of the current day and that of the past 56 days; (b) the electronic consignment notes of the current day and of the past 56 days; (c) the documents referred to in Article 9.1 (a) (b) and (c).
2018/02/23
Committee: TRAN
Amendment 567 #

2017/0121(COD)

Proposal for a directive
Article 2 – paragraph 5 b (new)
5b. For the purpose to increase the effectiveness of cross-border enforcement and of targeted checks, the Member States shall provide all relevant authorities real time access to the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012, to the European Register for Road Transport Undertakings, to the national electronic registers established by Regulation (EC) No 1071/2009, to posting declaration and to any other relevant databases;
2018/02/23
Committee: TRAN
Amendment 576 #

2017/0121(COD)

Proposal for a directive
Article 2 b (new)
Directive 2014/67/EU
Article 4 – paragraph 3 – point c
Article 2 b (new) Directive 2014/67/EU is amended as follows: "in Article 4(3), point (c) is amended as follows: (c) the posting takes place to a Member State other than the one in or from which the posted worker habitually carries out his or her work according to Regulation (EC) No 593/2008 (Rome I) and/or the Rome Convention; s clarified by the European Court of Justice ruling Heiko Koelzsch v Grand-Duchéde Luxembourg (C-29/10) and/or the Rome Convention;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32014L0067&qid=1519376922239&from=EN)
2018/02/23
Committee: TRAN
Amendment 18 #

2017/0116(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) The European aviation sector represents around 2 million direct jobs and international aviation is expected to grow by around 5 % per year until 2030.
2017/12/12
Committee: ECON
Amendment 19 #

2017/0116(COD)

Proposal for a regulation
Recital 1 b (new)
(1b) It is essential for the European Union to provide effective protection for the various sectors of its economy and its workers against any unfair competitive practices from third countries.
2017/12/12
Committee: ECON
Amendment 20 #

2017/0116(COD)

Proposal for a regulation
Recital 2
(2) Union air carriers are at the centre of a global network connecting Europe internally and with the rest of the world. They should be enabled to compete against third countries air carriers in an environment of open and fair competition between all air carriers. This would contributeis necessary to maintaining conditions conducive to a high level of Union's connectivity and to ensure the continuing competitiveness of Union air carriers as well as well as high levels of employment in the European industry.
2018/01/24
Committee: TRAN
Amendment 21 #

2017/0116(COD)

Proposal for a regulation
Recital 2
(2) Union air carriers are at the centre of a global network connecting Europe internally and with the rest of the world. They should be enabled to compete against third countries air carriers in an environment of open, equal and fair competition between all air carriers. This would contribute to protecting jobs and the competitiveness of European airlines and to maintaining conditions conducive to a high level of Union's connectivity.
2017/12/12
Committee: ECON
Amendment 27 #

2017/0116(COD)

Proposal for a regulation
Recital 8
(8) Fair competition between air carriers can also be ensured through appropriate Union legislation such as Council Regulation (EEC) No 95/9320 and Council Directive 96/97/EC21. Insofar as fair competition supposes protection of Union air carriers from certain practices adopted by third countries or third country carriers, this issue is currently addressed in Regulation (EC) No 868/2004 of the European Parliament and of the Council22. However, Regulation (EC) No 868/2004 has proven insufficienttotally ineffective, in respect of its underlying general aim of fair competition. This is notably due to certain of its rules pertaining notably to the definition of the practices concerned, other than subsidisation, and to the requirements regarding the initiation and conduct of investigations. In addition, Regulation (EC) No 868/2004 fails to provide for a dedicated Union internal procedure in respect of obligations contained in air transport or air services agreements to which the Union is a party and intended to ensure fair competition. Given the number and importance of the amendments that would be necessary to address these issues, it is appropriate to replace Regulation (EC) No 868/2004 by a new act. __________________ 20 Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (OJ L 14, 22.1.1993, p.1). 21 Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (OJ L 272, 25.10.1996, p. 36). 22 Regulation (EC) No 868/2004 of the European Parliament and of the Council of 21 April 2004 concerning protection against subsidisation and unfair pricing practices causing injury to Community air carriers in the supply of air services from countries not members of the European Community (OJ L 162, 30.04.2004, p.1).
2017/12/12
Committee: ECON
Amendment 27 #

2017/0116(COD)

Proposal for a regulation
Recital 3
(3) Fair competition is an importantndispensable general principle in the operation of international air transport services. This principle is notably acknowledged by the Convention on International Civil Aviation ('the Chicago Convention') whose preamble recognises the need for international air transport services to be based on the basis of "equality of opportunity". Article 44 of the Chicago Convention also states that the International Civil Aviation Organization ('ICAO') should aim to foster the development of international air transport so as to "insure that every contracting State has a fair opportunity to operate international airlines" and to "avoid discrimination between contracting States".
2018/01/24
Committee: TRAN
Amendment 29 #

2017/0116(COD)

Proposal for a regulation
Recital 9
(9) Effective, proportionate and dissuasive legislation remains necessary in order to maintain conditions conducive to a high level of Union connectivity and to ensure fair competition with third countries air carriers, thus preserving jobs in Union airlines. To that end, the Commission should be entrusted with the power to conduct an investigation and to take measures where necessary. Such measures should be available either where relevant obligations under an agreement to which the Union is a party are violated, or where practices affecting competition cause or threaten to cause injury to Union air carriers.
2017/12/12
Committee: ECON
Amendment 30 #

2017/0116(COD)

Proposal for a regulation
Recital 11
(11) In order for the Commission to be adequately informed about possible elements justifying the initiation of an investigation, any Member State, Union carrier or association of Union air carriers shouldmust be entitled to lodge a complaint.
2017/12/12
Committee: ECON
Amendment 30 #

2017/0116(COD)

Proposal for a regulation
Recital 6
(6) Efforts shouldmust therefore be strengthened in the context of ICAO and of WTO to actively support the development of international rules guaranteeing fair competition conditions between all air carriers.
2018/01/24
Committee: TRAN
Amendment 31 #

2017/0116(COD)

Proposal for a regulation
Recital 15
(15) Proceedings should not be initiated or shouldmay be concluded without redressive measures under this Regulation where the adoption of the latter would be against the Union interest, having regard to their impact on other persons, notably consumers or undertakings in the Union. Proceedings should also be concluded without measures where the requirements for such measures are not, or no longer met.
2017/12/12
Committee: ECON
Amendment 34 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. An investigation shall be initiated following a written complaint submitted by a Member State, a Union air carrier or an association of Union air carriers in accordance with paragraph 2, or on the Commission's own initiative, if there is prima facie evidenceare reasonable and factual indications of either of the following:
2017/12/12
Committee: ECON
Amendment 34 #

2017/0116(COD)

Proposal for a regulation
Recital 7
(7) Fair competition between air carriers shouldmust preferably be addressed in the context of air transport or air services agreements with third countries. However, most air transport or air services agreements concluded between the Union or its Member States or both, on the one hand, and third countries on the other do not so far provide for corresponding rules. Efforts should therefore be strengthened to negotiate the inclusion of fair competition clauses in existing and future air transport or air services agreements with third countries.
2018/01/24
Committee: TRAN
Amendment 35 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. A complaint shall include prima facie evidencereasonable and factual indications of one of the cases referred to in paragraph 1.
2017/12/12
Committee: ECON
Amendment 37 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 4
4. The Commission may decide not to initiate an investigation where ithe adoption of measures in accordance with Articles 10 or 13 would be against the Union interest or where the Commission considers that the facts put forward in the complaint neither raise a systemic issue, nor have a significant impact on one or more Union air carriers.
2017/12/12
Committee: ECON
Amendment 39 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 5
5. Where the evidence presented is insufficient for the purposes of paragraph 1, the Commission shall inform the complainant about the insufficiency within 60 days of the date on which the complaint was lodged. The complainant shall be given 360 days to provide additional evidenceinformation. Where the complainant fails to do so within that time limit, the Commission may decide not to initiate the investigation.
2017/12/12
Committee: ECON
Amendment 39 #

2017/0116(COD)

Proposal for a regulation
Recital 7 a (new)
(7 a) The existence of bilateral air transport or air service agreements including fair competition clauses or similar provisions does not prevent the Commission from conducting an investigation and taking measures where necessary. The decision to initiate an investigation does not prevent the Commission to support and advise Member States involved in a dispute settlement procedures foreseen in international agreements.
2018/01/24
Committee: TRAN
Amendment 42 #

2017/0116(COD)

Proposal for a regulation
Recital 8
(8) Fair competition between air carriers can also be ensured through appropriate Union legislation such as Council Regulation (EEC) No 95/9320 and Council Directive 96/97/EC21 . Insofar as fair competition supposes protection of Union air carriers from certain practices adopted by third countries or third country carriers, this issue is currently addressed in Regulation (EC) No 868/2004 of the European Parliament and of the Council22 . However, Regulation (EC) No 868/2004 has proven insufficiently effective, in respect of its underlying general aim of fair competition. This is notably due to certain of its rules pertaining notably to the definition of the practices concerned, other than subsidisation, and to the requirements regarding the initiation and conduct of investigations. In addition, Regulation (EC) No 868/2004 fails to provide for a dedicated Union internal procedure in respect of obligations contained in air transport or air services agreements to which the Union is a party and intended to ensure fair competition. Given the number and importance of the amendments that would be necessary to address these issues, it is appropriate to replace Regulation (EC) No 868/2004 by a new act. _________________ 20 Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (OJ L 14, 22.1.1993, p.1). 21 Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports (OJ L 272, 25.10.1996, p.36). 22 Regulation (EC) No 868/2004 of the European Parliament and of the Council of 21 April 2004 concerning protection against subsidisation and unfair pricing practices causing injury to Community air carriers in the supply of air services from countries not members of the European Community (OJ L 162, 30.04.2004, p.1).
2018/01/24
Committee: TRAN
Amendment 43 #

2017/0116(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. If it appears necessary, the Commission may carry out investigations in the territory of the third country concerned or of another third country, provided that the government of the third country concerned and the third country entity concerned have been officially notified and have given their consent.
2017/12/12
Committee: ECON
Amendment 44 #

2017/0116(COD)

Proposal for a regulation
Article 4 – paragraph 7
7. Complainants, interested parties, the Member State(s) concerned, the competent committees of the European Parliament and the representatives of the third country or third country entity concerned may consult all information made available to the Commission, except for internal documents that are for the use of the Commission and the administrations, provided that such information is not confidential within the meaning of Article 6 and provided that it has addressed a request in writing to the Commission.
2017/12/12
Committee: ECON
Amendment 45 #

2017/0116(COD)

Proposal for a regulation
Article 7 – paragraph 1
In cases where access to the necessary information is refused or is otherwise not provided within the appropriate time limits, where a third country concerned has not granted access to its territory in order to conduct investigations or where the investigation is significantly impeded, findings shall be made on the basis of the available facts. Where the Commission finds that false or misleading information has been submitted, such information shall be disregarded.
2017/12/12
Committee: ECON
Amendment 51 #

2017/0116(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. If the violation of applicable international obligations or the practice affecting competition, the injury or the threat of injury to the Union air carrier(s) concerned has not been eliminated following a reasonable period of time, the Commission mayshall resume the proceedings.
2017/12/12
Committee: ECON
Amendment 52 #

2017/0116(COD)

Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
The Commission shall, by means of implementingdelegated acts, terminate the investigation conducted under Article 4 without adopting redressive measures in any of the following cases:
2017/12/12
Committee: ECON
Amendment 53 #

2017/0116(COD)

Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
The implementing acts referred to in the first subparagraph shall be adopted in accordance with the advisory procedure referred to in Article 15(2).deleted
2017/12/12
Committee: ECON
Amendment 56 #

2017/0116(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
The Commission shall, by means of implementingdelegated acts, terminate the investigation conducted in accordance with Article 4 without adopting redressive measures where:
2017/12/12
Committee: ECON
Amendment 58 #

2017/0116(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 15(2).deleted
2017/12/12
Committee: ECON
Amendment 69 #

2017/0116(COD)

Proposal for a regulation
Recital 15
(15) Proceedings should not be initiated or should be concluded without redressive measures under this Regulation where the adoption of the latter would be against the Union interest, having regard to their impact on other persons, notablyarties, including consumers or, undertakings in the Unionand aviation employees. Proceedings should also be concluded without measures where the requirements for such measures are not, or no longer met.
2018/01/24
Committee: TRAN
Amendment 71 #

2017/0116(COD)

Proposal for a regulation
Recital 16 a (new)
(16 a) For effective, proportionate and dissuasive reasons the Commission should be entitled to take provisional measures before the termination of proceedings.
2018/01/24
Committee: TRAN
Amendment 77 #

2017/0116(COD)

Proposal for a regulation
Recital 19
(19) Redressive measures in respect of practices affecting competition are aimed at offsetting the injury that occurs or is threating to occur due to those practices. They should therefore take the form of financial duties or of other measures which, representing a measurable pecuniary value, are capable of achieving the same effect. This may include measures consisting in the suspension of concessions, of services owed or of other rights of the third country air carrier, provided that this does not lead to a violation of an air transport or air services agreement concluded with the third country concerned. In order to comply with the principle of proportionality, measures of any kind should be confined to what is necessary to offset the injury or threat of injury identified.
2018/01/24
Committee: TRAN
Amendment 85 #

2017/0116(COD)

Proposal for a regulation
Recital 23
(23) Since the objective of this Regulation, namely the efficient protection, equal for all Union carriers and based on uniform criteria and procedures, against violation of applicable international obligations and against injury or threat of injury to one or more Union air carriers caused by practices affecting competition, adopted by third countries or third country entities cannot be sufficiently achieved by the Member States, but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. This Regulation does not either aim to impose any standards on third country air carriers, for instance with regards to subsidies by introducing more restrictive obligations than those applying to Union carriers.
2018/01/24
Committee: TRAN
Amendment 118 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 1 – introductory part
1. An investigation shall be initiated following a written complaint submitted by a Member State, a Union air carrier or an association of Union air carriers in accordance with paragraph 2, or on the Commission's own initiative, if there is prima facie evidencereasonable and fact-based indication of either of the following:
2018/01/24
Committee: TRAN
Amendment 133 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. A complaint shall include prima facie evidencereasonable and fact-based indication of one of the cases referred to in paragraph 1.
2018/01/24
Committee: TRAN
Amendment 142 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 4
4. The Commission may decide not to initiate an investigation where the adoption of measures in accordance with Articles 10 or 13 would be against the Union interest or where the Commission considers that the facts put forward in the complaint neither raise a systemic issue, nor have a significant impact on one or more Union air carriers.
2018/01/24
Committee: TRAN
Amendment 144 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 4
4. The Commission may decide not to initiate an investigation where the adoption of measures in accordance with Articles 10 or 13 would be against the Union interest or where the Commission consicluders that the facts put forward in the complaint neither raise a systemic issue, nor have a significant impact on one or more Union air carriers.
2018/01/24
Committee: TRAN
Amendment 147 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 4 a (new)
4 a. The decision not to initiate an investigation in accordance with paragraph 4 shall be accompanied by a statement of reasons thereof and shall be published in the Official Journal of the European Union. The Commission shall further justify its decision before the competent committees of the European Parliament.
2018/01/24
Committee: TRAN
Amendment 149 #

2017/0116(COD)

5. Where the evidence presented is insufficient for the purposes of paragraph 1, the Commission shall inform the complainant about the insufficiency within 60 days of the date on which the complaint was lodged. The complainant shall be given 360 days to provide additional evidence. Where the complainant fails to do so within that time limit, the Commission may decide not to initiate the investigation.
2018/01/24
Committee: TRAN
Amendment 156 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 6
6. The Commission shall decide on the initiation of an investigation in accordance with paragraph 1 within 63 months of the lodging of the complaint.
2018/01/24
Committee: TRAN
Amendment 160 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 7 – point b
(b) publish a notice in the Official Journal of the European Union; the notice shall announce the initiation of the investigation, indicate the scope of the investigation, the applicable international obligations that are allegedly violated or the third country or third country entity who has allegedly been engaged in practices affecting competition and the alleged injury or threat of injury, the Union air carrier(s) concerned and state the period within which interested parties may make themselves known, present their views in writing, submit information or may apply to be heard by the Commission. This period shall not be shorter than 30 days.
2018/01/24
Committee: TRAN
Amendment 165 #

2017/0116(COD)

Proposal for a regulation
Article 3 – paragraph 7 – point d a (new)
(d a) give a statement in front of the competent committees of the European Parliament.
2018/01/24
Committee: TRAN
Amendment 179 #

2017/0116(COD)

Proposal for a regulation
Article 4 – paragraph 5
5. If it appears necessary, the Commission may carry out investigations in the territory of the third country concerned, provided that the government of the third country concerned and the third country entity concerned have been officially notified and have given their consent or other third countries.
2018/01/24
Committee: TRAN
Amendment 187 #

2017/0116(COD)

Proposal for a regulation
Article 7 – paragraph 1
In cases where access to the necessary information is refused or is otherwise not provided within the appropriate time limits, where a third country concerned did not grant access to its territory to conduct investigations or where the investigation is by other means significantly impeded, findings shall be made on the basis of the available facts and the Commission might take provisional redressive measures. Where the Commission finds that false or misleading information has been submitted, such information shall be disregarded.
2018/01/24
Committee: TRAN
Amendment 199 #

2017/0116(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The proceedinginvestigations shall be concluded within twoone years. That period may be prolonged in duly justified cases.
2018/01/24
Committee: TRAN
Amendment 214 #

2017/0116(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. In case of urgency, such as in situations where there is a risk of immediate and irreversible injury to Union air carrier(s), the proceedings may be shortened to one yearsix months.
2018/01/24
Committee: TRAN
Amendment 222 #

2017/0116(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. If the violation of applicable international obligations or the practice affecting competition, the injury or the threat of injury to the Union air carrier(s) concerned has not been eliminated following a reasonable period of time, the Commission mayshall resume the proceedings.
2018/01/24
Committee: TRAN
Amendment 230 #

2017/0116(COD)

Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 – introductory part
The Commission shall, by means of implementingdelegated acts, terminate the investigation conducted under Article 4 without adopting redressive measures in any of the following cases:
2018/01/24
Committee: TRAN
Amendment 231 #

2017/0116(COD)

Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 2
The implementing acts referred to in the first subparagraph shall be adopted in accordance with the advisory procedure referred to in Article 15(2).deleted
2018/01/24
Committee: TRAN
Amendment 236 #

2017/0116(COD)

Proposal for a regulation
Article 10 – paragraph 3 – subparagraph 1
Without prejudice to the relevant provisions of the Treaty on the Functioning of the European Union and subject to paragraphs 1 and 2, the Commission shall, by means of implementing acts, adopt provisional or definitive redressive measures if the investigation determines that the applicable international obligations have been violated.
2018/01/24
Committee: TRAN
Amendment 253 #

2017/0116(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – introductory part
The Commission shall, by means of implementingdelegated acts, terminate the investigation conducted in accordance with Article 4 without adopting redressive measures where:
2018/01/24
Committee: TRAN
Amendment 262 #

2017/0116(COD)

Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 15(2).deleted
2018/01/24
Committee: TRAN
Amendment 265 #

2017/0116(COD)

Proposal for a regulation
Article 12 – paragraph 3
3. The decision to terminate the investigation in accordance with paragraph 2 shall be accompanied by a statement of the reasons thereof and shall be published in the Official Journal of the European Union. The Commission shall further justify its decision before the competent committees of the European Parliament.
2018/01/24
Committee: TRAN
Amendment 268 #

2017/0116(COD)

Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1
Without prejudice to Article 12(1) and except in the case referred to in point (b) of Article 12(2) the Commission shall, by means of implementing acts, adopt provisional or definitive redressive measures if the investigation conducted under Article 4 determines that a practice affecting competition, adopted by a third country or a third country entity, has caused injury or threat of injury to the Union air carrier(s) concerned.
2018/01/24
Committee: TRAN
Amendment 278 #
2018/01/24
Committee: TRAN
Amendment 286 #

2017/0116(COD)

Proposal for a regulation
Article 13 – paragraph 5 – indent 1 (new)
- Provisional measures may be imposed if a provisional affirmative determination has been made that the non-Community carriers concerned benefit from subsidies or are engaged in unfair pricing practices causing injury to the fair competition between all air carriers and/or that the Union interest calls for intervention to prevent further such injury.
2018/01/24
Committee: TRAN
Amendment 288 #

2017/0116(COD)

Proposal for a regulation
Article 13 – paragraph 5 – indent 2 (new)
- The provisional measures referred to in the first indent of this paragraph shall be imposed for a maximum of six months. That period may be prolonged by an additional six months in justified cases.
2018/01/24
Committee: TRAN
Amendment 8 #

2016/2328(INI)

Motion for a resolution
Citation 13 a (new)
- having regard to the study by the European Union Agency for Fundamental Rights (FRA) entitled 'Severe labour exploitation: workers moving within or into the European Union ', published in June 2015,
2018/03/09
Committee: LIBEFEMM
Amendment 11 #

2016/2328(INI)

Motion for a resolution
Citation 13 b (new)
- having regard to the survey by the European Union Agency for Fundamental Rights (FRA) entitled 'Second European Union minorities and discrimination survey', published in December 2017,
2018/03/09
Committee: LIBEFEMM
Amendment 42 #

2016/2328(INI)

Motion for a resolution
Recital F a (new)
F a. whereas the FRA study "Making hate crime visible in the European Union: acknowledging victims’ rights" states that an immigrant status enhances the risk of being criminally victimised, independent of other known risk factors;
2018/03/09
Committee: LIBEFEMM
Amendment 44 #

2016/2328(INI)

Motion for a resolution
Recital F b (new)
F b. whereas Article 1 of the Directive states that the rights set out in the Directive shall apply to victims in a non- discriminatory manner, including with respect to their residence status;
2018/03/09
Committee: LIBEFEMM
Amendment 46 #

2016/2328(INI)

Motion for a resolution
Recital F c (new)
F c. whereas the FRA study on "Severe labour exploitation: workers moving within or into the European Union" states that victims of severe labour exploitation who are in an irregular situation of residence are discouraged by their status from reporting to any public authority;
2018/03/09
Committee: LIBEFEMM
Amendment 48 #

2016/2328(INI)

Motion for a resolution
Recital F d (new)
F d. whereas the FRA survey "Second European Union minorities and discrimination survey" states that only one out of eight respondents reported or filed a complaint about the most recent incident of discrimination they experienced because of their ethnic or immigrant background;
2018/03/09
Committee: LIBEFEMM
Amendment 76 #

2016/2328(INI)

Motion for a resolution
Recital I a (new)
I a. whereas only 27% of Europeans are familiar with the single European emergency telephone number 112, and not everyone has access to it yet;
2018/03/09
Committee: LIBEFEMM
Amendment 79 #

2016/2328(INI)

Motion for a resolution
Paragraph 1
1. DeplorCritizes that the Commission has not submitted a report to Parliament and to the Council on the application of the Victims’ Rights Directive by November 2017, in accordance with Article 29 of the directive;
2018/03/09
Committee: LIBEFEMM
Amendment 80 #

2016/2328(INI)

Motion for a resolution
Paragraph 2
2. RegretCritizes that two years after transposition was due, only 23 out of 27 Member States had officially transposed the Victims’ Rights Directive by September 2017, and among these, some are only partially compliant and only on some provisions;
2018/03/09
Committee: LIBEFEMM
Amendment 104 #

2016/2328(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Reminds the Member States of the importance to ensure that the residence status is not an obstacle to the rights under the Directive; welcomes the steps taken by some Member States in order to give undocumented victims a safe option to report crimes without being reported to immigration authorities or to obtain a residence permit on humanitarian grounds; reminds the Member States in this context of Article 59 of the Istanbul Convention which states that victims in the scope of the Convention can be granted a renewable residence permit if the competent authority considers that their stay is necessary for their cooperation in criminal proceedings; considers that granting stays of deportation to all undocumented victims for the duration of criminal proceedings or granting temporary residence permits could encourage them to report crimes and counter the climate of impunity for perpetrators;
2018/03/09
Committee: LIBEFEMM
Amendment 238 #

2016/2328(INI)

Motion for a resolution
Paragraph 35 a (new)
35 a. Calls on the Member States to ensure that the 112 emergency hotline is fully accessible for disabled persons and that awareness of it is raised through campaigns;
2018/03/09
Committee: LIBEFEMM
Amendment 239 #

2016/2328(INI)

Motion for a resolution
Paragraph 35 b (new)
35 b. Calls on Member States to set up mechanisms for recovering adequate compensation payments from the offender;
2018/03/09
Committee: LIBEFEMM
Amendment 341 #

2016/2306(INI)

Motion for a resolution
Paragraph 16
16. Agrees that high taxation is a hindrance to investments and jobs; calls for reforms in taxation with a view to tackling the high tax burdeCalls for reforms in taxation with a view to tackling the high tax burden on labour in Europe; considers corporate tax avoidance as a challenge to the tax revenues of members states and calls for further European harmonization in the field of taxation, in line with the legislative proposal for a Common Con labour in Europesolidated Corporate Tax Base, in order to stop the harmful tax competition between member states;
2016/12/15
Committee: ECON
Amendment 1 #

2016/2148(INI)

Draft opinion
Paragraph 1
1. Welcomes the significant contribution made by the European Structural and Investment Funds (ESI funds) to the construction of an efficient and safe European transport network; Stresses the importance of synergies between the various funds;need for better synergies in implementing EU funds to promote combined funding and to increase the leverage effect of EU financial instruments in the transport sector. Draws the attention to the possibility of establishing joint monitoring committees to strengthen the synergies between the ESI Funds, the Connecting Europe Facility, the European fund for strategic investments and the H2020 program in the transport sector.
2016/09/12
Committee: TRAN
Amendment 15 #

2016/2148(INI)

Draft opinion
Paragraph 2 a (new)
2a. Calls for debt and deficit calculations not to factor in public investment carried out by Member States’ public operators, as is the case with the Juncker Plan, particularly in view of the impact of the new ESA 2010 system of accounts, which is preventing Member States from putting up co-financing for projects eligible for structural funding (in particular under the European Regional Development Fund, the European Social Fund and the Youth Employment Initiative) and thus from using this important source of funding to help find a way out of the economic crisis and kick- start growth and employment;
2016/09/05
Committee: EMPL
Amendment 18 #

2016/2148(INI)

Draft opinion
Paragraph 2 a (new)
2a. Stresses that ESI funds should focus on sustainable transport infrastructures. Underlines that Sustainable Urban Mobility Plans play a significant role in implementing ESI funds and achieving objective 4 of the Common Strategic Framework (CSC), "Supporting the shıft towards a low- carbon economy in all sectors".
2016/09/12
Committee: TRAN
Amendment 19 #

2016/2148(INI)

Draft opinion
Paragraph 2 b (new)
2b. Calls on the Commission to earmark appropriate funding for sustainable urban mobility under the European Regional and Development Fund.
2016/09/12
Committee: TRAN
Amendment 23 #

2016/2148(INI)

3. Takes note of the results envisaged in PAs and OPs, and expects Member States and regions to take the right path in order to achieve cohesion policy objectives; calls for continued structural fund investment in transition regions so as not to detract from what has been achieved by the resources and efforts already deployed;
2016/09/05
Committee: EMPL
Amendment 33 #

2016/2148(INI)

Motion for a resolution
Recital I a (new)
Ia. whereas the purpose of assistance must be to improve social well-being by helping to increase employment rates, combating exclusion and poverty and promoting high levels of social protection and high-quality health and education services.
2016/09/19
Committee: REGI
Amendment 40 #

2016/2148(INI)

Motion for a resolution
Paragraph 1
1. Notes that Europe has been going through a difficult phase in both economic and political terms, so that a decent investment policy that is close to citizens is needed more than ever; to regain the trust of its citizens, the EU must initiate adjustment processes whilst meeting the requirements laid down in Article 9 TFEU. In particular, that should involve a proactive public investment policy.
2016/09/19
Committee: REGI
Amendment 42 #

2016/2148(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls for debt and deficit calculations not to factor in public investment carried out by Member States’ public operators, particularly in view of the impact of the new ESA 2010 system of accounts, which is preventing Member States from putting up co-financing for projects eligible for structural funding (in particular under the European Regional Development Fund, the European Social Fund and the Youth Employment Initiative) and thus from using this important source of funding to help find a way out of the economic crisis and kick- start growth and employment;
2016/09/13
Committee: CULT
Amendment 48 #

2016/2148(INI)

Draft opinion
Paragraph 5 a (new)
5a. Calls on the Commission to take into account the main features of long- term investments in transport infrastructures. Underlines that investments in sustainable transport infrastructures require a substantial public intervention and might be less attractive for the private sector as they yield too low or uncertain return on investment.
2016/09/12
Committee: TRAN
Amendment 49 #

2016/2148(INI)

Draft opinion
Paragraph 5 b (new)
5b. Recalls that the leverage effect of the EU financial instruments is very low, or non-existent in the transport sector. Therefore, stresses that grants are the most appropriate instruments for supporting transport infrastructures under ESI funds.
2016/09/12
Committee: TRAN
Amendment 51 #

2016/2148(INI)

Draft opinion
Paragraph 6
6. Recalls that funds allocated to financing the 'Connecting Europe' facility were depleted in order to recapitalise the European Fund for Strategic Investments; expresses hope that these funds will be used to finance infrastructurrecalls that transport remains a top priority of the European Fund for Strategic Investments. Draws the attention to the possibility of combining EFSI financial instruments with ESI funds on one projects;.
2016/09/12
Committee: TRAN
Amendment 61 #

2016/2148(INI)

Draft opinion
Paragraph 5
5. Underlines the need to enhance coordination and to enable and optimise synergies between ESIF and other Union programmes in order to achieve greater impact and efficiency.; calls for continued structural fund investment in transition regions so as not to undermine what has been achieved by the resources and efforts already deployed;
2016/09/13
Committee: CULT
Amendment 66 #

2016/2148(INI)

Motion for a resolution
Paragraph 6
6. Insists that cohesion policy should continue to have thematic focus, while allowing for some degree of flexibility in order to take on board the specific needs of each region; calls for continued structural fund investment in transition regions so as not to undermine what has been achieved by the resources and efforts already deployed;
2016/09/19
Committee: REGI
Amendment 72 #

2016/2148(INI)

Draft opinion
Paragraph 8
8. Notes that major administrative barriers to accessing European Structural and Investment Funds exist, particularly for SMEs; Underlines that excluding ESI funds from the state aid rules will significantly facilitate the access to ESI funds for SMEs and local entrepreneurships which are facing major administrative barriers.
2016/09/12
Committee: TRAN
Amendment 78 #

2016/2148(INI)

Draft opinion
Paragraph 8 a (new)
8a. Underlines that the thematic concentration establishing ESI funds' investments priorities might limit the capacity of local authorities to invest in transport infrastructures, especially in the more developed regions where at least 80 % of the European Regional Development Fund (ERDF) resources at national level shall be allocated to two or more of the thematic objectives 1, 2, 3 and 4 of the Common Strategic Framework. Therefore calls on the Commission to allow more flexibilities for regions to decide on which priorities they want to focus. Stresses that objective 7 of the CSC, "Promoting sustainable transport and removing bottlenecks in key network infrastructures", should be taken into account as key action of the ERDF.
2016/09/12
Committee: TRAN
Amendment 86 #

2016/2148(INI)

Draft opinion
Paragraph 9 a (new)
9a. Calls for neutralisation in the calculation of debt and deficit in public investment carried out by Member States' public operators under the ESI funds, particularly with regard to the impact of the new ESA 2010 system of accounts, which prevents Member States from excluding their co-financing share to the ESI Funds in the calculation of their budgetary deficit and thus using these funds to escape from the economic crisis and re-launch growth and employment;
2016/09/12
Committee: TRAN
Amendment 108 #

2016/2148(INI)

Motion for a resolution
Paragraph 14
14. WelcomesTakes note of the fact that more than two thirds of the Country Specific Recommendations (CSRs) that were adopted in 2014 are relevant to cohesion policy investments and have been taken into account in Member States’ programming priorities;
2016/09/19
Committee: REGI
Amendment 119 #

2016/2148(INI)

Motion for a resolution
Paragraph 15
15. Favours the establishment of a balanced link between cohesion policy and the European Semester, as both work towards achieving the same aims under the Europe 2020 Strategy, particularly in order to prioritise investment, growth, employment and socially progressive policies;
2016/09/19
Committee: REGI
Amendment 166 #

2016/2148(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Calls for debt and deficit calculations not to factor in public investment carried out by Member States’ public operators, as is the case with the Juncker Plan, particularly in view of the impact of the new ESA 2010 system of accounts, which is preventing Member States from putting up co-financing for projects eligible for structural funding (in particular under the European Regional Development Fund, the European Social Fund and the Youth Employment Initiative) and thus from using this important source of funding to help find a way out of the economic crisis and kick- start growth and employment;
2016/09/19
Committee: REGI
Amendment 23 #

2016/2101(INI)

Draft opinion
Paragraph 2
2. Reiterates that investments in education and culture reinforce employability and contribute to sustainable growth and job creation in the EU; underlines the need for structural reforms of the education and training systems in the Member States and the need to foster better interaction between the EU and the Member States and to facilitate the exchange of best practices among the Member States; takes the view that it is essential to boost public investment in order to preserve and enhance the quality of health and education systems and the quality of services provided for the public, as well as in order to create favourable conditions for economic development;
2016/09/08
Committee: CULT
Amendment 28 #

2016/2101(INI)

Motion for a resolution
Recital Cb (new)
Cb. having regard to the social and human toll and the poor economic results of the austerity policy within the Union;
2016/08/30
Committee: ECON
Amendment 30 #

2016/2101(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas almost 125 million citizens of the EU are at risk of poverty;
2016/08/30
Committee: ECON
Amendment 31 #

2016/2101(INI)

Motion for a resolution
Recital C c (new)
Cc. whereas the EU must develop policies to help the victims of austerity;
2016/08/30
Committee: ECON
Amendment 45 #

2016/2101(INI)

Motion for a resolution
Recital E
E. whereas political developments such as the question of the UK’s membership of the Union, and relations with Russia and the refugee crisis have compounded uncertainties and further served to inhibit investment;
2016/08/30
Committee: ECON
Amendment 48 #

2016/2101(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls for debt and deficit calculations not to factor in public investment carried out by Member States’ public operators, particularly in view of the impact of the new ESA 2010 system of accounts, which is preventing Member States from putting up co-financing for projects eligible for structural funding (in particular under the European Regional Development Fund, the European Social Fund and the Youth Employment Initiative) and thus from using this important source of funding to help find a way out of the economic crisis and kick- start investment in the area of culture, growth and employment;
2016/09/08
Committee: CULT
Amendment 62 #

2016/2101(INI)

Motion for a resolution
Paragraph 1a (new)
1a. Strongly objects to the decision by the members of the euro area to support the European Commission's recommendation that Spain and Portugal be declared in breach of EU budget rules;
2016/08/30
Committee: ECON
Amendment 70 #

2016/2101(INI)

Motion for a resolution
Paragraph 2
2. Stresses that the challenges in the EU are linked to the deteriorating international environment and, the divergences in the economic and social performance achieved in different parts of the Union and the effects of the austerity policies;
2016/08/30
Committee: ECON
Amendment 83 #

2016/2101(INI)

Motion for a resolution
Paragraph 3
3. WelcomNotes the Commission’s focus in its 2016 country-specific recommendations (CSRs) on the three main priorities to further strengthen economic growth: supporting investment, pursuing structural reforms and preserving responsible public finances;
2016/08/30
Committee: ECON
Amendment 90 #

2016/2101(INI)

Motion for a resolution
Paragraph 3a (new)
3a. Recalls that the final objective of economic growth must be to create employment and improve the well-being of all citizens;
2016/08/30
Committee: ECON
Amendment 96 #

2016/2101(INI)

Motion for a resolution
Paragraph 4
4. WelcomNotes the Commission’s continuing approach to limit the number of recommendations and its effort to mainstream the semester by covering mainly key priority areas of macroeconomic and social relevance, when setting the policy objectives for the next 18 months; reiterates that this facilitates the implementation of recommendations according to a comprehensive and meaningful range of social benchmarksese recommendations are very subjective and have not proved to be fully effective;
2016/08/30
Committee: ECON
Amendment 101 #

2016/2101(INI)

Motion for a resolution
Paragraph 5
5. Fully supports the efforts made to ensure greater national ownership in the formulation and implementation of CSRs as an ongoing reform process;deleted
2016/08/30
Committee: ECON
Amendment 114 #

2016/2101(INI)

Motion for a resolution
Paragraph 5a (new)
5a. Notes that the structural reforms introduced by those Member States worst affected have not borne fruit; calls therefore for a review of the austerity policy in Europe and, given the context, for the encouragement of public investment;
2016/08/30
Committee: ECON
Amendment 127 #

2016/2101(INI)

Motion for a resolution
Paragraph 6
6. Stresses that Europe’s long economic crisis has shown that there is a strong need to focus on public and private investment, in order to boost job creation as much as possible and to enhance the EU’s competitiveness;
2016/08/30
Committee: ECON
Amendment 132 #

2016/2101(INI)

Motion for a resolution
Paragraph 6a (new)
6a. Takes the view that it is essential to boost public investment in order to preserve and enhance the quality of health and education systems and the quality of services provided for the public, as well as to create favourable conditions for economic development;
2016/08/30
Committee: ECON
Amendment 151 #

2016/2101(INI)

Motion for a resolution
Paragraph 7a (new)
7a. Reiterates the importance of ensuring a quality workforce within the EU and ensuring full respect for the right to health and safety at work; recalls also the urgent need to adapt legislation concerning the posting of workers in order to put an end to the unacceptable practice of social dumping within the Union;
2016/08/30
Committee: ECON
Amendment 202 #

2016/2101(INI)

Motion for a resolution
Paragraph 10a (new)
10a. Calls for neutralisation in the calculation of debt and deficit in public investment carried out by Member States’ public operators, particularly with regard to the impact of the new ESA 2010 system of accounts, which prevents Member States from paying their co-financing share to the Structural Funds (in particular the European Regional Development Fund, the European Social Fund and the Youth Employment Initiative) and thus using these funds to escape from the economic crisis and re- launch growth and employment;
2016/08/30
Committee: ECON
Amendment 219 #

2016/2101(INI)

Motion for a resolution
Paragraph 11a (new)
11a. Calls for continued investment in the Structural Funds across all regions including transition areas in order to ensure continuity in the effects of the funding and efforts already invested;
2016/08/30
Committee: ECON
Amendment 252 #

2016/2101(INI)

Motion for a resolution
Paragraph 13
13. Highlights the importance of resilient labour markets where an appropriate trade-off is maintained between economic, social and human costs in accordance with the EU values of solidarity and subsidiarity, with a focus on the upgrading of educational systems and vocational education and on the protection of workers' rights;
2016/08/30
Committee: ECON
Amendment 270 #

2016/2101(INI)

Motion for a resolution
Paragraph 14
14. Invites the Commission to give priority to measures that reduce the obstacles to greater investment flows, which arise at both an EU level from a lack of clarity regarding strategies that are to be followed, especially in the fields of energy, transport, communications and the digital economy, as well as from the effect on bank lending in the wake of the adoption of the banking union, and at national level from the application of austerity policies, cumbersome legal systems, corruption, lack of transparency, outdated bureaucracy, inadequate digitalisation of public services, lack of mutual recognition of academic and technical qualifications in the professions and certain services sectors, and educational systems that remain out of synch with modern requirements;
2016/08/30
Committee: ECON
Amendment 276 #

2016/2101(INI)

Motion for a resolution
Paragraph 14a (new)
14a. Calls for a full review of the European Fiscal Pact (TSCG) so as to include an economic recovery policy from which all European citizens and the European economy will benefit;
2016/08/30
Committee: ECON
Amendment 289 #

2016/2101(INI)

Motion for a resolution
Paragraph 16
16. Underlines the importance of better addressing the high tax wedge on labour given that high taxation diminishes incentives for the inactive,by shifting the unemployed, second earners and low- wage earners to return to employment, by promoting a growth-friendly tax shift towards consumption and environmental taxeshasis to taxation of capital and by waging a permanent war on fraud and tax evasion;
2016/08/30
Committee: ECON
Amendment 121 #

2016/2100(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Calls for the establishment at European level of a minimum corporation tax level and for the harmonisation of tax bases to stop tax competition between states, which mainly benefits transnational groups;
2016/10/24
Committee: ECON
Amendment 143 #

2016/2100(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Commission to take more ambitious steps to eliminate obstacles to online competition, in order to ensure barrier-free online shopping for EU consumers purchasing from sellers who are based in another Member State; calls for EU-level website labelling to guarantee the existence and quality of the services or products offered;
2016/10/24
Committee: ECON
Amendment 149 #

2016/2100(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Calls on the Commission to enhance consumer trust in online payment by making it more secure, including by establishing a ‘legal offer’ label in order to help consumers clearly identify the legality of online offers for works and objects protected by intellectual property rights;
2016/10/24
Committee: ECON
Amendment 212 #

2016/2100(INI)

Motion for a resolution
Paragraph 12
12. Welcomes the overhaul of the state aid rules; reminds the Member States, nonetheless, that the aim was to better target aid measures towards economic growth, quality job creation and social cohesion; also reminds the Commission of the need to prevent certain governments from acting in bad faith as they do when misspending EU funds;
2016/10/24
Committee: ECON
Amendment 250 #

2016/2100(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls for efforts to be maintained regarding the investigations into ‘illegal’ state aid to multinationals;
2016/10/24
Committee: ECON
Amendment 75 #

2016/2099(INI)

Motion for a resolution
Paragraph 2
2. Underlines the fact that the strengthening of EU competitiveness depends among other things on an increase in public and private investment, especially in innovation and digitalisation; but also on stricter taxation at European Union level;
2016/10/24
Committee: ECON
Amendment 140 #

2016/2099(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Draws attention to the fact that the EIB is required to make sure that its transparency policy is consistent with the provisions of Regulation (EC) No 1049/2001 on public access to European Parliament, Council and Commission documents;
2016/10/24
Committee: ECON
Amendment 143 #

2016/2099(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. encourages the EIB to make both direct funding and funding via intermediaries contingent upon the disclosure of both country-by-country tax- relevant data along the lines of the CRD IV provision for credit institutions, and beneficial ownership information; to this end, calls on the EIB to establish a new responsible taxation policy, starting from the review of its policy on non-cooperative jurisdictions (NCJ policy) in 2015;
2016/10/24
Committee: ECON
Amendment 244 #

2016/2099(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls on the EIB to double its investment efforts with a view to considerably reducing its carbon emission levels, and to work on policies leading to more ambitious climate objectives, including objectives in line with the provisions of the climate and energy packet 2030;
2016/10/24
Committee: ECON
Amendment 336 #

2016/2064(INI)

Motion for a resolution
Paragraph 44 a (new)
44a. Stresses that under no circumstances should future funding for EFSI affect the budgets allocated to the Structural Funds, which are also a source of growth and job creation;
2017/03/02
Committee: BUDGECON
Amendment 337 #

2016/2064(INI)

Motion for a resolution
Paragraph 44 b (new)
44b. Points out that Brexit will lead to a loss of EUR 11 billion from the EU budget, which will reduce the EU’s ability to allocate funding; calls, therefore, for a thorough review of taxation at EU level and for the introduction of one or more new own resources so that EU priorities, such as EFSI, can be financed, for example by taking part of the revenue generated by the EU-wide implementation of the CCCTB;
2017/03/02
Committee: BUDGECON
Amendment 14 #

2016/2063(INI)

Motion for a resolution
Recital C
C. whereas, again according to the same forecast, the government deficit in the euro area will gradually decline from 2.1 % in 2015 to 1.9 % in 2016 and 1.6 % in 2017 and the debt-to-GDP ratio is also forecast to decline for the first time since the beginning of the crisis, even though there are still four countries involved in the Commission’s excessive deficit procedure: France, Spain, Greece and Portugal; whereas the euro area members have decided to support the Commission recommendation to penalise Spain and Portugal for failing to keep within the budget limits;
2016/07/27
Committee: ECON
Amendment 37 #

2016/2063(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas the fall in real interest rates has not resulted in any slacking of the conditions governing access to credit for households and businesses, in any GDP or jobs growth or in a slackening of the Fiscal Compact rules in order to facilitate public investment in the real economy;
2016/07/27
Committee: ECON
Amendment 72 #

2016/2063(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Calls for debt and deficit calculations not to factor in public investment carried out by Member States’ public operators, particularly in view of the impact of the new ESA 2010 system of accounts, which is preventing Member States from putting up co-financing for projects eligible for structural funding (in particular under the European Regional Development Fund, the European Social Fund and the Youth Employment Initiative) and thus from using this important source of funding to help find a way out of the economic crisis and kick- start growth and employment;
2016/07/27
Committee: ECON
Amendment 79 #

2016/2063(INI)

Motion for a resolution
Paragraph 2
2. Acknowledges that, confronted with this very complex environment and the risks of a prolonged period of low inflation, the ECB was within the terms of its mandate in adopting extraordinary measures to lift inflation back up to the medium-term objective of 2 %; notes that, since the launching of the APP in March 2015, and owing to targeted long-term refinancing operation (TLTRO) programmes targeted at the real economy, financial conditions have improved, which has promoted a recovery in lending to firms and households in the euro areae failure of the targeted long-term refinancing operation (TLTRO) policy introduced by the ECB;
2016/07/27
Committee: ECON
Amendment 130 #

2016/2063(INI)

Motion for a resolution
Paragraph 5
5. Underlines that structural reforms in the economy and the labour market should also fully take into account the demographic trends in Europe, in order to create incentives for a more balanced demographic structure that would make it easier to maintain an inflation target of around 2 %; stresses that structural reform should go hand in hand with investment in the real economy;
2016/07/27
Committee: ECON
Amendment 148 #

2016/2063(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Points out that the below-target level of inflation expected over the coming years will have an impact on a number of Member States' debt reduction programmes;
2016/07/27
Committee: ECON
Amendment 162 #

2016/2063(INI)

Motion for a resolution
Paragraph 9
9. Understands the reason why negative rates have been implementedNotes the decision to introduce negative rates, but remains concerned about the potential consequences of negative interest rate policy for individual savers and the financial equilibrium of pension schemes; believes that owing to demographic trends and cultural preferences for saving, these negative effects on income may lead to an increase in the household saving rate, which could be detrimental to domestic demand in the euro area;
2016/07/27
Committee: ECON
Amendment 192 #

2016/2063(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Stresses that greater flexibility in the Stability and Growth Pact rules could allow a better response to be made to the weak recovery and money to be found for the necessary structural reforms;
2016/07/27
Committee: ECON
Amendment 220 #

2016/2063(INI)

Motion for a resolution
Paragraph 16
16. Recalls that the independence of the ECB for the conduct of monetary policy, as enshrined in the Treaties, is crucial to the objective of safeguarding price stability; asks all governments to avoid statements questioning the role played by the institution within its mandate;deleted
2016/07/27
Committee: ECON
Amendment 1 #

2016/2047(BUD)

Draft opinion
Recital B
B. whereas the main objective of the 2017 draft budget will be to ensure that the Union budget is provided with the means it requires to fully deliver its reinforced contribution to jobs, growth, investment and solidarity, and to respond to new developments, and their impact on immigration, humanitarian aid and security; whereas there needs to be a fundamental rethink of taxation at EU level and whereas one or more new own resources in the true sense should be established in order to finance Union priorities (investment projects, Horizon 2020, etc.);
2016/09/06
Committee: CONT
Amendment 3 #

2016/2047(BUD)

Draft opinion
Paragraph 1
1. Calls for the 2017 draft budget to reflect and support the priorities outlined in the European Semester, specirelaunching of investment and to pursue an economic growth programme whose ficnally relaunching investment, pursuing structural reforms to modernise European economies, conducting responsible fiscal policie objective is to create employment and improve the well-being of all citizens;
2016/07/25
Committee: ECON
Amendment 13 #

2016/2047(BUD)

Draft opinion
Paragraph 1 a (new)
1a. Takes the view that it is essential to boost public investment in order to preserve and enhance the quality of health and education systems and the quality of services provided for the public, as well as to create favourable conditions for economic development;
2016/07/25
Committee: ECON
Amendment 16 #

2016/2047(BUD)

Draft opinion
Paragraph 1 b (new)
1b. Calls for neutralisation in the calculation of debt and deficit in public investment carried out by Member States’ public operators, particularly with regard to the impact of the new ESA 2010 system of accounts, which prevents Member States from paying their co-financing share to the Structural Funds (in particular the European Regional Development Fund, the European Social Fund and the Youth Employment Initiative) and thus using these funds to escape from the economic crisis and re- launch growth and employment;
2016/07/25
Committee: ECON
Amendment 30 #

2016/2047(BUD)

Draft opinion
Paragraph 2 a (new)
2a. Calls for continued investment in Structural Funds across all regions including transition areas in order not to interrupt the effects of measures and efforts already implemented;
2016/07/25
Committee: ECON
Amendment 57 #

2016/2047(BUD)

Draft opinion
Paragraph 6 a (new)
6a. Calls for a fundamental rethink of taxation at EU level and for the introduction of one or more new own resources to finance the Union's priority projects (investment projects, Horizon 2020, etc.).
2016/07/25
Committee: ECON
Amendment 66 #

2016/2038(INI)

Motion for a resolution
Recital F
F. whereas some specific tax jurisdictions inside and outside of the EU actively contribute to designing aggressive tax policies on behalf of MNEs who thereby avoid taxation; whereas the effective corporate tax rate in some jurisdictions inside and outside of the EU is close or equal to zero per cent; whereas the complexity of different tax systems create a lack of transparency which is globally harmful;
2016/06/02
Committee: TAX2
Amendment 267 #

2016/2038(INI)

Motion for a resolution
Paragraph 13
13. Calls on the Commission to come up as soon as possible with a common Union list of uncooperative jurisdictions, a so-called (i.e. a ‘blacklist of tax havens’), based on sound and objective criteria, including the full implementation of OECD recommendations, BEPS actions and Asignificantly lower effective level of taxation, the existence of active harmful tax practices, advantages granted to non- resident individuals or legal entities , prevention of automatic Eexchange of Iinformation standards and welcomes the intention fromfor tax purposes with other governments and non-disclosure of the corporate structure of legal entities (including trusts, charities, foundations etc.) or the ownership of assets or rights; welcomes the Commission’s intention to reach an agreement on a common Unionsuch a list within the next six months; calls on the Member States to endorse it beforethat agreement by the end of 2016; urges on the EU and Member States to support a global process for listing problematic jurisdiction at UN level.
2016/06/02
Committee: TAX2
Amendment 542 #

2016/2038(INI)

Motion for a resolution
Recital F
F. whereas some specific tax jurisdictions inside and outside of the EU actively contribute to designing aggressive tax policies on behalf of MNEs who thereby avoid taxation; whereas the corporate tax rate in some jurisdictions inside and outside of the EU is close or equal to zero per cent; whereas the complexity of different tax systems create a lack of transparency which is globally harmful;
2016/06/14
Committee: TAX2
Amendment 543 #

2016/2038(INI)

Motion for a resolution
Recital H
H. whereas some specific tax jurisdictions inside and outside of the EU are not willing to reform their tax systems, despite the ongoing global initiatives and despite the fact that some of them are involved in the work of the OECD;
2016/06/14
Committee: TAX2
Amendment 544 #

2016/2038(INI)

Motion for a resolution
Paragraph 3
3. Urges the Commission to come forward with a proposal for a common corporate consolidated tax base (CCCTB) which would provide a comprehensive solution to harmful tax practices within the Union; believes that the consolidation of the CCCTB is essential and is becoming increasingly urgent; calls on the Member States to promptly reach an agreement on this and to swiftly implement it; stresses the need for a minimum tax rate;
2016/06/14
Committee: TAX2
Amendment 545 #

2016/2038(INI)

Motion for a resolution
Paragraph 10
10. Strongly emphasises that the work of whistleblowers is crucial for revealing scandals of tax evasion and avoidance, and that, therefore, protection for whistleblowers needs to be legally guaranteed and strengthened EU-wide; notes that the European Court of Human Rights and the Council of Europe have undertaken work on this issue; considers that courts and Member States should ensure the protection of legitimate business secrets while in no way hindering, hampering or stifling the capacity of whistleblowers and journalists to document and reveal illegal, wrongful, unethical, immoral, improper and harmful practices where this is clearly and overwhelmingly in the public interest; regrets that the Commission has no plans for prompt action on the matter;
2016/06/14
Committee: TAX2
Amendment 546 #

2016/2038(INI)

Motion for a resolution
Paragraph 28
28. Reiterates the crucial role of whistleblowers in revealing misconduct and illegal and wrongfu, wrongful, unethical, immoral, improper or illegal practices; considers that such revelations, as for example the ones which shine a light on the magnitude of tax evasion and avoidance, are clearly in the public interest, as demonstrated in the Luxleak and recent ‘Panama papers’ leak; acknowledges that whistleblowers often put their own jobs, careers and freedom at risks; stresses therefore the need for an adequate protection under EU law;
2016/06/14
Committee: TAX2
Amendment 547 #

2016/2038(INI)

Motion for a resolution
Paragraph 29
29. Observes that the Commission is limiting its action to monitoring developments in different areas of Union competences, without planning to take any concrete steps to tackle the issue; notes that this lack of ambition could endanger the publication of new revelations, thereby potentially leading to European tax authorities losing legitimate tax revenue; deeply regrets that the Commission has not provided a satisfactory response to the demands contained in paragraphs 144 and 145 of Parliament’s resolution of 25 November 2015; and especially to the request to come up with a clear legal framework on the protection of whistleblowers and the like before the end of June 2016;
2016/06/14
Committee: TAX2
Amendment 548 #

2016/2038(INI)

Motion for a resolution
Paragraph 30
30. Urges the Commission to propose as soon as possiblewithout delay a clear legal framework to guarantee the effective protection of whistleblowers, as well as of journalists and other persons connected with the press who aid and facilitate them; calls on the Member States to revise their current legislation with a view to preventing prosecution in such casof persons in such cases exposing wrongful, unethical, immoral, improper or illegal practices;
2016/06/14
Committee: TAX2
Amendment 87 #

2016/2033(INI)

Motion for a resolution
Paragraph 10
10. Supports the aim of the action plan to establish a single European VAT area to buttress a deeper and more equitable single market and in order to help promote employment, growth, investment and competitiveness; calls for the introduction of one or more new own resources to finance the Union’s priority projects (investment projects, Horizon 2020, etc.);
2016/06/02
Committee: ECON
Amendment 91 #

2016/2033(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Stresses that the definition of ‘distortions of competition’ also poses problems for determining the VAT exemption on cooperation between local authorities in accordance with Article 132(1)(f);
2016/06/02
Committee: ECON
Amendment 101 #

2016/2033(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Calls for the reduced VAT rate which currently applies to paper and PDF editions of newspapers to be extended to new media;
2016/06/02
Committee: ECON
Amendment 103 #

2016/2033(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Calls for large-scale retailers to be permitted to deduct the VAT on the donation of unsold food;
2016/06/02
Committee: ECON
Amendment 152 #

2016/2033(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Calls for support for the reintroduction in the EU of special VAT rates on luxury products;
2016/06/02
Committee: ECON
Amendment 160 #

2016/2033(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Member States to apply VAT equally to private and public companies in areas in which they compete with each other;deleted
2016/06/02
Committee: ECON
Amendment 166 #

2016/2033(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Calls for social services of general interest not to be subject to market laws and for the VAT exemptions which apply to public services to be maintained;
2016/06/02
Committee: ECON
Amendment 226 #

2016/2033(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Calls for the rate of VAT on school buildings to be reduced to 6%;
2016/06/02
Committee: ECON
Amendment 227 #

2016/2033(INI)

Motion for a resolution
Paragraph 26 b (new)
26b. Calls for the reduction in the rate of VAT to 6% on demolition operations and the reconstruction of abandoned buildings, irrespective of the type of operator, to be extended to all urban renovation and regeneration areas and to the development of rural areas;
2016/06/02
Committee: ECON
Amendment 229 #

2016/2033(INI)

Motion for a resolution
Paragraph 26 c (new)
26c Calls for the rate of VAT on sanitary products to be reduced to 6%;
2016/06/02
Committee: ECON
Amendment 230 #

2016/2033(INI)

Motion for a resolution
Paragraph 26 d (new)
26d. Calls for the rate of VAT on electricity to be reduced to 6%;
2016/06/02
Committee: ECON
Amendment 10 #

2016/2032(INI)

Motion for a resolution
Recital A
A. whereas SMEs and mid-caps play an important role for the European economy in terms of employment and growth;
2016/04/06
Committee: ECON
Amendment 24 #

2016/2032(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas 77% of outstanding SME funding in Europe is provided for by banks; __________________ 2bECB survey on the Access to Finance of Enterprises in the euro area – April to September 2015
2016/04/06
Committee: ECON
Amendment 35 #

2016/2032(INI)

Motion for a resolution
Paragraph 1
1. Acknowledges the diversity of SMEs and mid-caps in the Member States, which is reflected in their business models, size, stages of development, financial structure and legal form; regrets the lack of harmonisation in national SMEs-creation legislation;
2016/04/06
Committee: ECON
Amendment 49 #

2016/2032(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Notes that the low proportion of women running SMEs is partly due to a more difficult access to finance; regrets that the European Progress Microfinance Facility whose objective is to promote equal opportunities for women and men, had a 60:40 male-to-female ratio for microloans in 2013; calls therefore on the Commission to make sure that its programmes aiming at facilitating access to finance for SMEs do not disfavour women entrepreneurs;
2016/04/06
Committee: ECON
Amendment 50 #

2016/2032(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. Calls on the Commission to assess discrimination faced by SMEs run by other vulnerable groups of society;
2016/04/06
Committee: ECON
Amendment 62 #

2016/2032(INI)

Motion for a resolution
Paragraph 5
5. Encourages SMEs to consider the whole EU as their home market and to use the potential of the single market for their financing needsNotes that the Capital Markets Union represents an opportunity for filling both the regulatory gaps in the current framework and for harmonising cross- border regulation; welcomes the Commission’s initiatives supporting SMEs and start-ups in an upgraded Single Market; underlines, in this context, the importance of the implementation of the Small Business Act; calls on the Commission for a follow-up to the Small Business Act;
2016/04/06
Committee: ECON
Amendment 73 #

2016/2032(INI)

Motion for a resolution
Paragraph 6
6. Notes that start-ups in particular find it difficult to obtain appropriate funding and to identify and meet regulatory financial requirements, especially at development stage; encourages therefore Member States in their efforts to create one-stop shops as hubs for all regulatory requirements for entrepreneurs; welcomes the Commission’s plan to launch a European Pact for starts- ups to address these issues;
2016/04/06
Committee: ECON
Amendment 93 #

2016/2032(INI)

Motion for a resolution
Paragraph 8
8. Acknowledges that bank lending is traditionallyhus far the most important external financing source for SMEs; underlines the important role of banks with specific regional and local knowledge and their long-term relationship with SME in Europe; stresses that, where there are well developed local banks, they have proven effective in lending to SMEs and avoiding losses; underlines therefore the importance of developing local banks;
2016/04/06
Committee: ECON
Amendment 111 #

2016/2032(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Encourages the Commission to assess and introduce "funding for lending" programmes that would make ECB money available to banks with the sole purpose of lending to SMEs;
2016/04/06
Committee: ECON
Amendment 117 #

2016/2032(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Notes that a diversification of credit sources would lead to greater stability of the financial sector;
2016/04/06
Committee: ECON
Amendment 118 #

2016/2032(INI)

Motion for a resolution
Paragraph 11
11. ICalls concerned about multiple regulatory requirements for banks and possible negative effects on lending to SMEs; calls on the Commission to assess these effects on the Commission to assess the effects of regulatory requirements for banks with regards to SME lending, with the support of the EBA and SSM;
2016/04/06
Committee: ECON
Amendment 127 #

2016/2032(INI)

Motion for a resolution
Paragraph 12
12. Emphasises the importance ofCalls on the Commission to assess the SME Supporting Factor for maintaining and increasing bank lending to SMEs; calls on the Commission to examine the appropriate calibration of the factor, including size, threshold and possible interactions with other regulatory requirements; is concerned about the possible negative impact of its removal; calls on the Commission to explore the possibility of making this factor permanent should the findings indicate its usefulness;
2016/04/06
Committee: ECON
Amendment 134 #

2016/2032(INI)

Motion for a resolution
Paragraph 13
13. Reminds banks that lending and risk- taking is part of their core business; sStresses that risk assessment and the evaluation of qualitative information is one of their banks' major strengths, in particular for complex SME lending; underlines the confidential nature of credit information that banks receive when assessing the creditworthiness of SMEs;
2016/04/06
Committee: ECON
Amendment 146 #

2016/2032(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Calls on the Commission to develop public sector backed investments and government scheme loans to SMEs;
2016/04/06
Committee: ECON
Amendment 147 #

2016/2032(INI)

Motion for a resolution
Paragraph 17
17. Recalls that credit institutions must, upon request, provide SMEs with an explanation of their rating decisions; calls onencourages the Commission to assess the implementation of this provisionstrengthen the provisions outlined in Article 431 (4) of the CRR and to make giving feedback to SMEs applying for loans mandatory;
2016/04/06
Committee: ECON
Amendment 165 #

2016/2032(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Member States to foster a risk-taking and capital market culture; reiterates that financial education for SMEs is key to increasing the use and acceptance of capital market solutions, allowing for a better assessment of costs, benefits and the associated risks; calls on the Member States to enhance the financial literacy of SMEs and their access to information via the creation of regional one-stop-shops;
2016/04/06
Committee: ECON
Amendment 203 #

2016/2032(INI)

Motion for a resolution
Paragraph 24
24. Highlights the need to foster innovation through lending platforms; encourages banks to regard the use of such innovative technologies as an opportunity; stresses that alternative funding sources like crowdfunding or peer-to-peer lending offer solutions for start-ups and innovative SMEs in particular; welcomes the Commission’s assessment of the existing framework for crowdfunding; calls on the Commission to explore the need for, and potential of, a harmonised EU framework for alternative funding sources;
2016/04/06
Committee: ECON
Amendment 215 #

2016/2032(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Calls on the Commission to encourage safe lending to companies by private individuals through peer-to-peer lending or retail bonds;
2016/04/06
Committee: ECON
Amendment 216 #

2016/2032(INI)

Motion for a resolution
Paragraph 24 b (new)
24b. Calls on the Commission to encourage new platforms for private equity financing such as mezzanine finance, public sector backed equity funds, business angels and fundraising; welcomes the Commission's assessment of the existing framework for crowdfunding and calls for a regulatory initiative to harmonise the European framework for crowdfunding and facilitate cross-border investment;
2016/04/06
Committee: ECON
Amendment 217 #

2016/2032(INI)

Motion for a resolution
Paragraph 24 c (new)
24c. Emphasises the role that Member States could play to achieve innovation- led, sustainable and inclusive growth through mission-oriented agencies at European level;
2016/04/06
Committee: ECON
Amendment 1 #

2016/2010(INI)

Motion for a resolution
Citation 1 a (new)
– having regard to Article 9 TFEU on the promotion of a high level of employment and the guarantee of adequate social protection,
2016/06/08
Committee: TRAN
Amendment 4 #

2016/2010(INI)

Draft opinion
Paragraph 1
1. Recalls the fundamental role of the universal service obligation (USO) in the postal sector with regard to the development of a fair single market for citizens and consumers; notes the trend towards a narrower scope for the USO; and the flexibility for Member States to define the universal service to fit their domestic circumstances; underlines the possibility for national regulatory authorities (NRAs) to grant derogations from minimum obligations, based on objective and published criteria and subject to regular monitoring; recognises the benefits of the Keep Me Posted EU campaign to promote consumer choice;
2016/03/22
Committee: IMCO
Amendment 6 #

2016/2010(INI)

Motion for a resolution
Citation 7 a (new)
– having regard to Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work, 5a __________________ 5a OJ L 327, 5.12.2008, p. 9.
2016/06/08
Committee: TRAN
Amendment 8 #

2016/2010(INI)

Motion for a resolution
Recital A
A. whereas between 2012 and 2013 letter post services shrank by 4.85 % on average in the EU, albeit with significant variations between Member States in reduction in volume, and although there are indications suggesting that the decline of letter mail revenues may now have bottomed-out;
2016/06/08
Committee: TRAN
Amendment 26 #

2016/2010(INI)

Motion for a resolution
Paragraph 1
1. Notes that while the minimum standards associated with the universal service obligation (postal items up to 2 kg, postal packages up to 10-20 kg, registered and insured items, and other services of general economic interest such as newspapers and periodicals) generally meet customers’ demands, thesome detailed requirements are set by the national regulatory authorities (NRAs) entrusted with this task;
2016/06/08
Committee: TRAN
Amendment 32 #

2016/2010(INI)

Draft opinion
Paragraph 6 a (new)
6a. Welcomes the growth in employment opportunities in the parcel delivery sector; underlines the benefits of quality and sustainable jobs in postal and delivery services, including on providing high and consistent standards of service to consumers; calls on the Commission and the Member States to ensure that decent rights for workers in this sector are guaranteed, irrespective of employment status;
2016/03/22
Committee: IMCO
Amendment 32 #

2016/2010(INI)

Motion for a resolution
Paragraph 2
2. Calls on the Member States to extend the role and independence of NRAs through high professional qualification criteria, fixed terms of office and legal protection against dismissal without causeNotes the primary task of NRAs is to meet the overall objective of the Postal Services Directive to ensure the provision of the universal service; calls on the Member States to support the role of NRAs, so that they can fulfil their obligations arising from the Postal Services Directive, without exceeding them;
2016/06/08
Committee: TRAN
Amendment 35 #

2016/2010(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Considers that any expansion of the role of NRAs under new regulation in the parcels market should tackle 'cherry picking' in the deliveries sector and establish minimum standards for all operators to ensure fair and equal competition;
2016/06/08
Committee: TRAN
Amendment 40 #

2016/2010(INI)

Draft opinion
Paragraph 7 a (new)
7a. Highlights the findings of the Commission’s public consultation on cross-border parcel delivery; notes that the Commission intends to launch measures in 2016 to improve price transparency and enhance regulatory oversight of parcel delivery;
2016/03/22
Committee: IMCO
Amendment 41 #

2016/2010(INI)

Draft opinion
Paragraph 7 b (new)
7b. Underlines the potential role of EU funding mechanisms such as Horizon 2020 and the European Structural and Investment Funds in facilitating innovation in postal and delivery services including e-commerce options of benefit for consumers, the environment and SMEs and solutions with social inclusion and accessibility objectives;
2016/03/22
Committee: IMCO
Amendment 46 #

2016/2010(INI)

Motion for a resolution
Paragraph 4
4. Asks the Commission to facilitate and reinforce cooperation and coordination between NRAs with a view to greaterfulfilling their primary task ensuring provision of the universal service, and improving efficiency and interoperability in cross-border deliverydelivery services;
2016/06/08
Committee: TRAN
Amendment 51 #

2016/2010(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Notes the Commission's confirmation that the Postal Services Directive does not require any particular ownership structure for universal service providers (USPs); believes that USPs should not be prevented from investing and innovating in the provision of efficient and quality postal services;
2016/06/08
Committee: TRAN
Amendment 62 #

2016/2010(INI)

Motion for a resolution
Paragraph 5
5. Stresses the importance of providing a high-quality universal service under affordable conditions, comprising at least five delivery and five collection days a week for every EU citizen; notes that in some Member States national regulation exceeds the flexibility provided for in the Postal Services Directive; calls on the Commission to reaffirm that low population densitythe Universal Service Obligation is applied very differently across Member States, reflecting certain flexibility for Member States to define the USO to fit their domes not constitute grounds for reducing the frequency of delivery within the universal service obligationtic circumstances and ensure its long-term sustainability;
2016/06/08
Committee: TRAN
Amendment 81 #

2016/2010(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Member States and the Commission to monitor the provision of postal services as a public service in order to ensure a common level playing field among providers and prevent cross- subsidisation, and to review whether that public service compensation is implemented in a manner that is proportionate, transparent and fair;
2016/06/08
Committee: TRAN
Amendment 88 #

2016/2010(INI)

Motion for a resolution
Paragraph 7
7. CRecognises that postal networks and services are of general public interest; calls on the Member States to use State aid tools in a transparent and non- discriminatory manner and to ensure that customers continue to have access to postal services, by maintaining a minimum number of services at the same access point;
2016/06/08
Committee: TRAN
Amendment 102 #

2016/2010(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission to work on a harmonised definition of universal service which stipulates a minimum level of service for consumerguidance that sets out minimum levels of service for consumers under the USO, whilst recognising variations in consumer requirements and the provision of the USO across Member States; calls on the Member States to further harmonisereview licensing procedures in order to reduce unjustified barriers within the internal market;
2016/06/08
Committee: TRAN
Amendment 114 #

2016/2010(INI)

Motion for a resolution
Paragraph 9
9. Recalls that VAT exemption for postal services has to be applied in a way that minimises distortions of competition between former monopolies and market entrants so as to ensure that all operators enjoy the freedom to provide postal services across Europe;deleted
2016/06/08
Committee: TRAN
Amendment 136 #

2016/2010(INI)

Motion for a resolution
Paragraph 10
10. Asks the Commission to lay downconsider minimum standards for value-added services such as track-and-trace, pick- up/drop-off locations, the ability to choose a delivery time, and suitable return procedures;
2016/06/08
Committee: TRAN
Amendment 164 #

2016/2010(INI)

Motion for a resolution
Paragraph 13
13. Considers that parcel delivery is a highly competitive, innovative and fast- growing sector, and; notes the importance of affordable and reliable parcel delivery services in realising the full potential of the Digital Single Market; believes that any new regulation in the parcel delivery market must therefore be proportionate and supported by souwhilst effectively addressing the problems faced by retailers and economic evidencesumers, protecting employment rights, tackling social exclusion and encouraging environmental sustainability;
2016/06/08
Committee: TRAN
Amendment 176 #

2016/2010(INI)

Motion for a resolution
Paragraph 14
14. Encourages the Commission to strengthen market oversight of parcel delivery where necessary, specifically by improving national regulators’ capacity to assess competition and identify unfair anti-competitive practices;
2016/06/08
Committee: TRAN
Amendment 181 #

2016/2010(INI)

Motion for a resolution
Paragraph 15
15. Stresses the importance of improving consumer confidence and trust in cross-border delivery; considers that greater transparency as regards prices, delivery options, modalities and quality/performance (speed, geographical coverage, delays and the handling of damaged or lost items), as well as trust labels, could address the lack of confidence;
2016/06/08
Committee: TRAN
Amendment 186 #

2016/2010(INI)

Motion for a resolution
Paragraph 16
16. Asks the Member States and the Commission to improve transparency as regards pricing conditions and service performance (delivery options, final delivery, reliability), especially when it comes to e-commerce; stresses the importance of ensuring affordable cross- border delivery prices inand closing the gap between domestic and cross-border prices, particularly for consumers and SMEs; calls on the Commission to work with NRAs to explore why prices on some cross-border routes are higher in one direction than the otherconsiderably higher than the EU average;
2016/06/08
Committee: TRAN
Amendment 205 #

2016/2010(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Underlines the potential role of EU funding mechanisms such as Horizon 2020 , CEF and the European Structural and Investment Fund in facilitating innovation in postal and delivery services including e-commerce options of benefit for consumers, the environment and SMEs and solutions with social inclusion and accessibility objectives;
2016/06/08
Committee: TRAN
Amendment 214 #

2016/2010(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Commission and the Member States to investigate the functioning of cross-border parcel delivery in accordance with the various rules resulting from either international trade agreements (e.g. the rules of the Universal Postal Union (UPU) and the International Civil Aviation Organisation (ICAO) or EU law (e.g. the Union Customs Code), especially the universal service obligation, which can be misused and create market distortion;
2016/06/08
Committee: TRAN
Amendment 61 #

2016/2007(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Stresses that VCs could present risks in relation to criminal activities, such as financing terrorism, money laundering, tax fraud and tax evasion, as well as other potential challenges which might be caused by the pseudo-anonymity of VCs; indeed, asks the Commission to evaluate and consider the necessity of extending the scope of the current legislation, such as the AMLD with the purpose of preventing and tackling the above- mentioned risks;
2016/03/30
Committee: ECON
Amendment 14 #

2016/0414(COD)

Proposal for a directive
Recital 9
(9) In order for money laundering to be an effective tool against organised crime, it should not be necessary to identify the specifics of the crime that generated the property, let alone require a prior or simultaneous conviction for that crime, nor all the factual elements or all circumstances relating to the criminal activity. Prosecutions for money laundering should also not be impeded by the mere fact that the predicate offence was committed in another Member State or third country, provided it is a criminal offence in that Member State or third country. Member States may establish as a prerequisite the fact that the predicate offence would have been a crime in its national law, had it been committed there.
2017/09/26
Committee: ECON
Amendment 27 #

2016/0414(COD)

Proposal for a directive
Article 3 – paragraph 2 – point a
(a) a prior or simultaneous conviction for the criminal activity that generated the property; from which the property was derived, as referred to in paragraph 1;
2017/09/26
Committee: ECON
Amendment 28 #

2016/0414(COD)

Proposal for a directive
Article 3 – paragraph 2 – point b a (new)
(ba) all the factual elements or all circumstances relating to a criminal activity, where it is established that the property has been derived from such activity, as referred to in paragraph 1;
2017/09/26
Committee: ECON
Amendment 31 #

2016/0414(COD)

Proposal for a directive
Article 4 – paragraph 1
Each Member State shall ensure that inciting, aiding and abetting andthe following is punishable: a) the fact to incite or to attempting an offence referred to in Article 3 shall be punishable.b) the fact to aid or to abet an offence referred to in Article 3
2017/09/26
Committee: ECON
Amendment 36 #

2016/0414(COD)

Proposal for a directive
Article 5 – paragraph 2
2. Each Member State shall ensure that the offences referred to in Article 3 and in Article 4(b) shall be punishable by a maximum term of imprisonment of at least fourive years, at least in serious cases.
2017/09/26
Committee: ECON
Amendment 41 #

2016/0414(COD)

Proposal for a directive
Article 5 – paragraph 2 a (new)
2a. Each Member State shall ensure that the offences referred to in Article 4(a) shall be punishable by a maximum term of imprisonment of at least three years.
2017/09/26
Committee: ECON
Amendment 45 #

2016/0414(COD)

Proposal for a directive
Article 6 – paragraph 1 – point b a (new)
(ba) the offender is a Politically Exposed Person as defined by national transpositions of Directive 2015/849;
2017/09/26
Committee: ECON
Amendment 48 #

2016/0414(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
1. Each Member State shall ensure that legal persons can be held liable for any of the offences referred to in Articles 3 and 4 committed for their benefit of those legalr for the benefit of a third persons by any person, acting either individually or as part of an organ of the legal person, and having a leading position within the legal person, based on:
2017/09/26
Committee: ECON
Amendment 49 #

2016/0414(COD)

Proposal for a directive
Article 7 – paragraph 2
2. Member States shall ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission of any of the offences referred to in Articles 3 and 4 for their benefit of that legalr for the benefit of a third person by a person under its authority.
2017/09/26
Committee: ECON
Amendment 52 #

2016/0414(COD)

Proposal for a directive
Article 8 – paragraph 1 – introductory part
Each Member State shall ensure that a legal person held liable for offences pursuant to Article 67 shall be punishable by effective, proportionate and dissuasive sanctions, which shall include criminal orand non-criminal fines and mayshall include other sanctions, such as:
2017/09/26
Committee: ECON
Amendment 56 #

2016/0414(COD)

Proposal for a directive
Article 8 – paragraph 1 – point 2
(2) the temporary or permanent disqualification of that legal person from the practice of commercial activities, including withdrawal of business licences;
2017/09/26
Committee: ECON
Amendment 51 #

2016/0364(COD)

Proposal for a directive
Recital 6 a (new)
(6a) The principle of equal pay for male and female workers for equal work or work of equal value is laid down in art 157 TFEU. This needs to be applied in a consistent way by credit institutions and investment firms. Therefore they should demonstrate a gender neutral remuneration policy.
2018/02/02
Committee: ECON
Amendment 103 #

2016/0364(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2013/36/EU
Article 3 – point 64 a (new)
(64a) Gender neutral remuneration policy in a credit institution or investment firm means a remuneration policy based on equal pay for women and men for equal work or work of equal value.
2018/02/02
Committee: ECON
Amendment 171 #

2016/0364(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Directive 2013/36/EU
Article 74
(11a) Article 74 is amended as follows: "1. Institutions shall have robust governance arrangements, which include a clear organisational structure with well- defined ,transparent and consistent lines of responsibility, effective processes to identify, manage, monitor and report the risks they are or might be exposed to, adequate internal control mechanisms, including sound administration and accounting procedures, and remuneration policies and practices that are consistent with and promote sound and effective risk management. Those remuneration policies and practices shall be gender neutral. .2. The arrangements, processes and mechanisms referred to in paragraph 1 shall be comprehensive and proportionate to the nature, scale and complexity of the risks inherent in the business model and the institution's activities. The technical criteria established in Articles 76 to95 shall be taken into account 3. EBA shall issue guidelines on the 3. arrangements ,processes and mechanisms referred to in paragraph 1, in accordance with paragraph 2. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0036&from=EN)One year after the adoption of this directive, EBA will issue guidelines on gender neutral remuneration policy for credit institutions and investment firms. Two years after the publication of these guidelines and based on the information collected by the national competent authorities, EBA will draft a report about the application of gender neutral remuneration policies by credit institutions and investment firms. " Or. en
2018/02/02
Committee: ECON
Amendment 172 #

2016/0364(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2013/36/EU
Article 75 – paragraph 1
1. Competent authorities shall collect the information disclosed in accordance with the criteria for disclosure established in points (g), (h), (i) and (k) of Article 450(1) of Regulation (EU) No 575/2013 and shall use its well as the information provided by credit institutions and investment firms on the gender pay gap and shall use this information to benchmark remuneration trends and practices. The competent authorities shall provide EBA with that information.
2018/02/02
Committee: ECON
Amendment 208 #

2016/0364(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b a (new)
Directive 2013/36/EU
Article 92 – paragraph 2 – point a a (new)
(ba) In paragraph 2, the following point (aa) is inserted: (aa) the remuneration policy is gender neutral: female and male workers will be equally remunerated for equal work or work of equal value.
2018/02/02
Committee: ECON
Amendment 271 #

2016/0364(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21 – point a
Directive 2013/36/EU
Article 104 – paragraph 1 – introductory part
1. For the purposes of Article 92(2)(b), Article 97, Article 98(4), Article 101(4) and Article 102 and the application of Regulation (EU) No 575/2013, competent authorities shall have at least the following powers:
2018/02/02
Committee: ECON
Amendment 275 #

2016/0364(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21 – point a
Directive 2013/36/EU
Article 104 – paragraph 1 – point g
(g) to require institutions to limit variable remuneration as a percentage of net revenues where it is inconsistent with the maintenance of a sound capital base; and, to require credit institutions and investment firms to comply with the guidelines issued by EBA on gender neutral remuneration policies.
2018/02/02
Committee: ECON
Amendment 184 #

2016/0362(COD)

Proposal for a directive
Article 1 – paragraph 22 a (new)
Directive 2014/59/EU
Article 44 – paragraph 2 – subparagraph 1 – point g a (new)
22 a. In Article 44(2), the following point (ga) is added: “(ga) liabilities to institutions or entities referred to in point (b), (c) or (d) of Article 1(1) that are part of the same resolution group without being themselves resolution entity, regardless of their maturities except where these liabilities rank below ordinary unsecured liabilities under the relevant national law setting the hierarchy of claims applicable on the date of transposition of this Directive. Where the previous subparagraph applies, the resolution authority of the relevant subsidiary that is not a resolution entity shall assess whether the amount of instruments complying with Article 45g (3) is sufficient to support the implementation of the preferred resolution strategy.
2018/01/29
Committee: ECON
Amendment 185 #

2016/0362(COD)

Proposal for a directive
Article 1 – paragraph 22 a (new)
Directive 2014/59/EU
Article 44 – paragraph 2 – subparagraph 1 – point g a (new)
22 a. In Article 44(2), the following point (ga) is added: ‘(ga) liabilities to institutions or entities referred to in point (b), (c) or (d) of Article 1(1) that are part of the same resolution group without being themselves resolution entity, regardless of their maturity;'.
2018/01/29
Committee: ECON
Amendment 247 #

2016/0362(COD)

Proposal for a directive
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 1 – point e
(e) the extent to which the Deposit Guarantee Scheme could contribute to the financing of resolution in accordance with Article 109;deleted
2018/01/31
Committee: ECON
Amendment 256 #

2016/0362(COD)

Proposal for a directive
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 2 – subparagraph 1 – point b
(b) the resolution entity orand its subsidiaries that are institutions, but not resolution entities are recapitalised to a level necessary to enable them to continue to comply with the conditions for authorisation and to carry out the activities for which they are authorised under Directive 2013/36/EU, Directive 2014/65/EU or equivalent legislation ('recapitalisation');
2018/01/31
Committee: ECON
Amendment 258 #

2016/0362(COD)

Proposal for a directive
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 2 – subparagraph 2
Where the resolution plan provides that the entity shall be wound up under normal insolvency proceedings, or under other equivalent national procedures, the resolution authority shall assess whether it is justified to limit the requirement referred to in Article 45(1) for that entity, shallo that it does not exceed an amount sufficient to absorb losses in accordance with point (a) of the first subparagraph. The assessment by the resolution authority shall, in particular, evaluate the limit referred to in the previous subparagraph as regards any possible impact on financial stability and any risk of contagion, including through reputational risk, to the financial system.
2018/01/31
Committee: ECON
Amendment 349 #

2016/0362(COD)

Proposal for a directive
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 7 – subparagraph 2
The resolution authority may reduce the requirement referred to in Article 45(1) to take account of the amount which a deposit guarantee scheme is expected to contribute to the financing of the preferred resolution strategy in accordance with Article 109 of Directive 2014/59/EU.deleted
2018/01/31
Committee: ECON
Amendment 355 #

2016/0362(COD)

Proposal for a directive
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45c – paragraph 7 – subparagraph 3
The size of any such reduction shall be based on a credible assessment of the potential contribution from the deposit guarantee scheme, and shall at least: (a) the potential losses which the deposit guarantee scheme would have had to bear, had the institution been wound up under normal insolvency proceedings, taking into account the priority ranking of the deposit guarantee scheme pursuant to Article 108 of Directive 2014/59/EU; (b) be less than the limit on deposit guarantee scheme contributions set out in the second subparagraph of Article 109(5) of Directive 2014/59/EU; (c) take account of the overall risk of exhausting the available financial means of the deposit guarantee scheme due to contributing to multiple bank failures or resolutions; and (d) relevant provisions in national law and the duties and responsibilities of the authority responsible for the deposit guarantee scheme. (e) after consulting the authority responsible for the deposit guarantee scheme, document its approach as regards the assessment of the overall risk of exhausting the available financial means of the deposit guarantee scheme and apply reductions in accordance with subparagraph 1, provided that that risk is not excessive.deleted be less than a prudent estimate of be consistent with any other The resolution authority shall,
2018/01/31
Committee: ECON
Amendment 419 #

2016/0362(COD)

Proposal for a directive
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45g – paragraph 2
2. The requirement referred to in Article 45(1)of entities referred to in the first paragraph shall be subject to the following conditions: (a) the consolidated requirement referred to in Article 45f; (b) applied to the resolution group's subsidiaries shall be covered by and not exceed the consolidated requirement referred to in Article 45f unless this is only due to the effects of the consolidation at the level of the resolution group in accordance with Article 45f(1). (c) the contribution of the subsidiary to the consolidated requirement referred to in Article 45f(1). (d) provided in paragraph 3.deleted the resolution entity complies with the sum of all requirements to be the requirement shall not exceed it shall fulfil the eligibility criteria
2018/01/31
Committee: ECON
Amendment 420 #

2016/0362(COD)

Proposal for a directive
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45g – paragraph 2
2. The requirement referred to in Article 45(1)of entities referred to in the first paragraph shall be subject to the following conditions: (a) the consolidated requirement referred to in Article 45f; (b) applied to the resolution group's subsidiaries shall be covered by and not exceed the consolidated requirement referred to in Article 45f unless this is only due to the effects of the consolidation at the level of the resolution group in accordance with Article 45f(1). (c) the contribution of the subsidiary to the consolidated requirement referred to in Article 45f(1). (d) it shall fulfil the eligibility criteria provided in paragraph 3.deleted the resolution entity complies with the sum of all requirements to be the requirement shall not exceed
2018/01/31
Committee: ECON
Amendment 432 #

2016/0362(COD)

Proposal for a directive
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45g – paragraph 3 – point a – point i
(i) are issued to and bought by the resolution entity; either directly or indirectly through other entities in the same resolution group that bought the liabilities from the entity subject to this Article or by an existing shareholder that is not part of the same resolution group as long as the exercise of the power of write down or convert in accordance with Articles 59 to 62 does not affect the control of the subsidiary by the resolution entity;
2018/01/31
Committee: ECON
Amendment 437 #

2016/0362(COD)

Proposal for a directive
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45g – paragraph 3 – point b
(b) own funds instruments that) are issued to and bought by other entities than the resolution entity when: (i) that are included in the same resolution group, or (ii) that are not included in the same resolution group as long as the exercise of the power of write down or conversion in accordance with Articles 59 to 62 does not affect the control of the subsidiary by the resolution entity.
2018/01/31
Committee: ECON
Amendment 440 #

2016/0362(COD)

Proposal for a directive
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45g – paragraph 4
4. Subject to the agreement of the resolution authorities of the subsidiary and the resolution entity, the requirement may be met with a guarantee of the resolution entity granted to its subsidiary, which fulfils the following conditions: (a) least the equivalent amount as the amount of the requirement for which it substitutes; (b) the subsidiary is unable to pay its debts or other liabilities as they fall due or a determination has been made in accordance with Article 59(3) in respect of the subsidiary, whichever is the earliest; (c) through a financial collateral arrangement as defined in point (a) of Article 2(1) of Directive 2002/47/EC for at least 50 per cent of its amount; (d) collateral arrangement are governed by the laws of the Member State where the subsidiary is established unless specified otherwise by the resolution authority of the subsidiary; (e) guarantee fulfils the requirements of Article 197 of Regulation (EU) No 575/2013, which, following appropriately conservative haircuts, is sufficient to fully cover the amount guaranteed; (f) guarantee is unencumbered and in particular is not used asdeleted the guarantee is provided for at the guarantee is triggered when the guarantee is collateralised the guarantee and financial the collateral to back any other guarantee; (g) maturity that fulfils the same maturity condition as that for referred to in Article 72c(1) of Regulation (EU) No 575/2013 , and (h) operational barriers to the transfer of the collateral from the resolution entity toing the the collateral backing the the collateral has an effective the relevant subsidiary, including when resolution action is taken in respect of the resolution entity. are no legal, regulatory or
2018/01/31
Committee: ECON
Amendment 442 #

2016/0362(COD)

Proposal for a directive
Article 1 – paragraph 23
Directive 2014/59/EU
Article 45g – paragraph 4
4. Subject to the agreement of the resolution authorities of the subsidiary and the resolution entity, the requirement may be met with a guarantee of the resolution entity granted to its subsidiary, which fulfils the following conditions: (a) least the equivalent amount as the amount of the requirement for which it substitutes; (b) the subsidiary is unable to pay its debts or other liabilities as they fall due or a determination has been made in accordance with Article 59(3) in respect of the subsidiary, whichever is the earliest; (c) through a financial collateral arrangement as defined in point (a) of Article 2(1) of Directive 2002/47/EC for at least 50 per cent of its amount; (d) collateral arrangement are governed by the laws of the Member State where the subsidiary is established unless specified otherwise by the resolution authority of the subsidiary; (e) guarantee fulfils the requirements of Article 197 of Regulation (EU) No 575/2013, which, following appropriately conservative haircuts, is sufficient to fully cover the amount guaranteed; (f) the collateral backing the guarantee is unencumbered and in particular is not used as collateral to back any other guarantee; (g) the collateral has an effective maturity that fulfils the same maturity condition as that for referred to in Article 72c(1) of Regulation (EU) No 575/2013 , and (h) operational barriers to the transfer of the collateral from the resolution entity to the relevant subsidiary, including when resolution action is taken in respect of the resolution entity.deleted the guarantee is provided for at the guarantee is triggered when the guarantee is collateralised the guarantee and financial the collateral backing the there are no legal, regulatory or
2018/01/31
Committee: ECON
Amendment 566 #

2016/0362(COD)

Proposal for a directive
Article 1 – paragraph 28
Directive 2014/59/EU
Article 59 – paragraph 1 – subparagraph 2
The power to write down or convert eligible liabilities independently of resolution action may be exercised only in relation to eligible liabilities that meet the conditions referred to in Article 45g(3)(a), except the condition related to the remaining maturity of liabilities. and, when exercised, shall comply with point (g) of Article 34(1). Where relevant capital instruments and eligible liabilities have been purchased by the resolution entity indirectly through other entities in the same resolution group, the power to write down or convert shall be exercised together with the exercise of the same power at the level of the parent undertaking of the entity concerned or subsequent parents that are not resolution entities so that the losses are effectively passed on to and the entity concerned is recapitalised by the resolution entity. The amount written down or converted at the level of an entity that is not a resolution entity shall count towards the thresholds laid down in Article 37(10) and point (a) of Article 44(5) applicable to the entity concerned. ".
2018/02/01
Committee: ECON
Amendment 64 #

2016/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5 Regulation (EU) No 806/2014
(e) the extent to which the Deposit Guarantee Scheme could contribute to the financing of resolution in accordance with Article 79;deleted
2018/02/01
Committee: ECON
Amendment 68 #

2016/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5
Regulation (EU) No 806/2014
Article 12 d – paragraph 2 – subparagraph 1 – point b
(b) the resolution entity orand its subsidiaries that are institutions, but not resolution entities are recapitalised to a level necessary to enable them to continue to comply with the conditions for authorisation and carry out the activities for which they are authorised under Directive 2013/36/EU, Directive 2014/65/EU or equivalent legislation ('recapitalisation');
2018/02/01
Committee: ECON
Amendment 70 #

2016/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5
Regulation (EU) No 806/2014
Article 12 d – paragraph 2 – subparagraph 2
Where the resolution plan provides that the entity shall be wound up under normal insolvency proceedings, or other equivalent national procedures, the Board shall assess whether it is justified to limit the requirement referred to in Article 12a(1) for that entity, shallo that it does not exceed an amount sufficient to absorb losses in accordance with point (a) of the first subparagraph. The assessment by the Board shall, in particular, evaluate the limit referred to in the previous subparagraph as regards any possible impact on financial stability and any risk of contagion, including through reputational risk, to the financial system.
2018/02/01
Committee: ECON
Amendment 104 #

2016/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5
Regulation (EU) No 806/2014
Article 12 d – paragraph 8
8. The Board may reduce the requirement referred to in Article 12a(1) to take account of the amount which a deposit guarantee scheme is expected to contribute to the financing of the preferred resolution strategy in accordance with Article 109 of Directive 2014/59/EU. The size of any such reduction shall be based on a credible assessment of the potential contribution from the deposit guarantee scheme, and shall at least: (a) the potential losses which the deposit guarantee scheme would have had to bear, had the institution been wound up under normal insolvency proceedings, taking into account the priority ranking of the deposit guarantee scheme pursuant to Article 108 of Directive 2014/59/EU; (b) guarantee scheme contributions set out in the second subparagraph of Article 109(5) of Directive 2014/59/EU; (c) exhausting the available financial means of the deposit guarantee scheme due to contributing to multiple bank failures or resolutions; and (d) relevant provisions in national law and the duties and responsibilities of the authority responsible for the deposit guarantee scheme. The Board shall, after consulting the authority responsible for the deposit guarantee scheme, document its approach as regards the assessment of the overall risk of exhausting the available financial means of the deposit guarantee scheme and apply reductions in accordance with subparagraph 1, provided that that risk is not excessive.deleted be less than a prudent estimate of be less than the limit on deposit take account of the overall risk of be consistent with any other
2018/02/01
Committee: ECON
Amendment 140 #

2016/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5
Regulation (EU) No 806/2014
Article 12 h – paragraph 2
2. The requirement referred to in Article 12a(1) of entities referred to in the first paragraph shall be subject to the following conditions: (a) the consolidated requirement referred to in Article 12g; (b) applied to the resolution group's subsidiaries shall be covered by and not exceed the consolidated requirement referred to in Article 12g unless this is only due to the effects of the consolidation at the level of the resolution group in accordance with Article 12g(1); (c) provided in paragraph 3; (d) of the subsidiary to the consolidated requirement referred to in 12g(1).deleted the resolution entity complies with the sum of all requirements to be it shall fulfil the eligibility criteria it shall not exceed the contribution
2018/02/01
Committee: ECON
Amendment 141 #

2016/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5
Regulation (EU) No 806/2014
Article 12 h – paragraph 2
2. The requirement referred to in Article 12a(1) of entities referred to in the first paragraph shall be subject to the following conditions: (a) the consolidated requirement referred to in Article 12g; (b) applied to the resolution group's subsidiaries shall be covered by and not exceed the consolidated requirement referred to in Article 12g unless this is only due to the effects of the consolidation at the level of the resolution group in accordance with Article 12g(1); (c) it shall fulfil the eligibility criteria provided in paragraph 3; (d) of the subsidiary to the consolidated requirement referred to in 12g(1).deleted the resolution entity complies with the sum of all requirements to be it shall not exceed the contribution
2018/02/01
Committee: ECON
Amendment 142 #

2016/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5
Regulation (EU) No 806/2014
Article 12 h – paragraph 3 – point a – point i
(i) are issued to and bought by the resolution entity; either directly or indirectly through other entities in the same resolution group that bought the liabilities from the entity subject to this Article or by an existing shareholder that is not part of the same resolution group as long as the exercise of the power of write down or conversion in accordance with Article 21 does not affect the control of the subsidiary by the resolution entity;
2018/02/01
Committee: ECON
Amendment 143 #

2016/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5
Regulation (EU) No 806/2014
Article 12 h – paragraph 3 – point b
(b) eligible own funds instruments that are issued to and bought by other entities tha(i) that are included in the same resolution entity whengroup, or (ii) that are not included in the same resolution group as long as the exercise of the power of write down or conversion in accordance with Article 21 does not affect the control of the subsidiary by the resolution entity.
2018/02/01
Committee: ECON
Amendment 146 #

2016/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5
Regulation (EU) No 806/2014
Article 12h – paragraph 4
4. Subject to the agreement of the Board, the requirement referred to in Article 12a(1) may be met with a guarantee of the resolution entity granted to its subsidiary, which fulfils the following conditions: (a) least the equivalent amount as the amount of the requirement for which it substitutes; (b) the subsidiary is unable to pay its debts or other liabilities as they fall due or a determination has been made in accordance with Article 21(3) in respect of the subsidiary, whichever is the earliest; (c) through a financial collateral arrangement as defined in point (a) of Article 2(1) of Directive 2002/47/EC for at least 50 per cent of its amount; (d) collateral arrangement are governed by the laws of the Member State where the subsidiary is established unless otherwise specified by the Board; (e) guarantee fulfils the requirements of Article 197 of Regulation (EU) No 575/2013, which, following appropriately conservative haircuts, is sufficient to fully cover the amount guaranteed; (f) guarantee is unencumbered and in particular is not used asdeleted the guarantee is provided for at the guarantee is triggered when the guarantee is collateralised the guarantee and financial the collateral to back any other guarantee; (g) maturity that fulfils the same maturity condition as that referred to in Article 72c(1) of Regulation (EU) No 575/2013; and (h) operational barriers to the transfer of the collateral from the resolution entity toing the the collateral backing the the collateral has an effective the relevant subsidiary, including when resolution action is taken in respect of the resolution entity. are no legal, regulatory or
2018/02/01
Committee: ECON
Amendment 147 #

2016/0361(COD)

Proposal for a regulation
Article 1 – paragraph 5
Regulation (EU) No 806/2014
Article 12 h – paragraph 4
4. Subject to the agreement of the Board, the requirement referred to in Article 12a(1) may be met with a guarantee of the resolution entity granted to its subsidiary, which fulfils the following conditions: (a) least the equivalent amount as the amount of the requirement for which it substitutes; (b) the subsidiary is unable to pay its debts or other liabilities as they fall due or a determination has been made in accordance with Article 21(3) in respect of the subsidiary, whichever is the earliest; (c) through a financial collateral arrangement as defined in point (a) of Article 2(1) of Directive 2002/47/EC for at least 50 per cent of its amount; (d) collateral arrangement are govdeleted the guarantee is provided for at the guarantee is triggerned by the laws of the Member State where the subsidiary is established unless otherwise specified by the Board; (e) guarantee fulfils the requirements of Article 197 of Regulation (EU) No 575/2013, which, following appropriately conservative haircuts, is sufficient to fully cover the amount guaranteed; (f) the collateral backing the guarantee is unencumberedwhen the guarantee is collateralised the guarantee and fin particular is not used as collateral to back any other guarantee; (g) the collateral has an effective maturity that fulfils the same maturity condition as that referred to in Article 72c(1) of Regulation (EU) No 575/2013; and (h) operational barriers to the transfer of the collateral from the resolution entity to the relevant subsidiary, including when resolution action is taken in respect of the resolution entity.ancial the collateral backing the there are no legal, regulatory or
2018/02/01
Committee: ECON
Amendment 175 #

2016/0361(COD)

Proposal for a regulation
Article 1 – paragraph 9 – point f
Regulation (EU) No 806/2014
Article 21 – paragraph 7 – subparagraph 2
The power to write down or convert eligible liabilities independently of resolution action may be exercised only in relation to eligible liabilities that meet the conditions referred to in point (a) of Article 12(3), except the condition related to the remaining maturity of liabilities.. and, when exercised, shall comply with point (g) of Article 15(1). Where relevant capital instruments and eligible liabilities have been purchased by the resolution entity indirectly through other entities in the same resolution group, the power to write down or convert shall be exercised together with the exercise of the same power at the level of the parent undertaking of the entity concerned or subsequent parents that are not resolution entities so that the losses are effectively passed on to and the entity concerned is recapitalised by the resolution entity. The amount written down or converted at the level of an entity that is not a resolution entity shall count towards the thresholds laid down in point (a) of Article 27(7) applicable to the entity concerned.'
2018/02/01
Committee: ECON
Amendment 177 #

2016/0361(COD)

Proposal for a regulation
Article 1 – paragraph 9 a (new)
Regulation (EU) No 806/2014
Article 27 – paragraph 3 – point g a (new)
9a. in Article 27(3), the following point is added: (ga) liabilities to institutions or relevant entities that are part of the same resolution group without being themselves resolution entity, regardless of their maturities except where these liabilities rank below ordinary unsecured liabilities under the relevant national law setting the hierarchy of claims applicable on the date of entry into force of this Regulation. Where the previous subparagraph applies, the Board shall assess whether the amount of instruments complying with Article 45g(3) is sufficient to support the implementation of the preferred resolution strategy.
2018/02/01
Committee: ECON
Amendment 178 #

2016/0361(COD)

Proposal for a regulation
Article 1 – paragraph 9 a (new)
Regulation (EU) No 806/2014
Article 27 – paragraph 3 – point g a (new)
9a. In Article 27(3), the following point is added: ‘(ga) liabilities to institutions or entities referred to in points (b) or (c) of Article 2 that are part of the same resolution group without being themselves resolution entity, regardless of their maturity.’.
2018/02/01
Committee: ECON
Amendment 218 #

2016/0360A(COD)

Proposal for a regulation
Recital 56
(56) In light of the strengthened group supervision resulting from the reinforcement of the prudential regulatory framework and the establishment of the Banking Union, it is desirable that institutions take ever more advantage of the benefits of the single market, including for ensuring an efficient management of capital and liquidity resources throughout the group. Therefore the possibility to waive the application of requirements on an individual level for subsidiaries or parents should be available to cross-border groups, provided there are adequate safeguards to ensure that sufficient capital and liquidity will be at the disposal of entities subject to the waiver. Where all the safeguards are met, it will be for the competent authority to decide whether to grant such waivers. Competent authorities' decisions should be duly justified.deleted
2018/02/02
Committee: ECON
Amendment 220 #

2016/0360A(COD)

Proposal for a regulation
Recital 56
(56) In light of the strengthened group supervision resulting from the reinforcement of the prudential regulatory framework and the establishment of the Banking Union, it is desirable that institutions take ever more advantage of the benefits of the single market, including for ensuring an efficient management of capital and liquidity resources throughout the group. Therefore the possibility to waive the application of requirements on an individual level for subsidiaries or parents should be available to cross-border groups, provided there are adequate safeguards to ensure that sufficient capital and liquidity will be at the disposal of entities subject to the waiver. Where all the safeguards are met, it will be for the competent authority to decide whether to grant such waivers. Competent authorities' decisions should be duly justified.deleted
2018/02/02
Committee: ECON
Amendment 261 #

2016/0360A(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) No 575/2013
Article 7 – paragraphs 1 and 2
(5) In Article 7, paragraphs 1 and 2 are replaced by the following: [...]deleted
2018/02/02
Committee: ECON
Amendment 262 #

2016/0360A(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) No 575/2013
Article 7 – paragraphs 1 and 2
(5) In Article 7, paragraphs 1 and 2 are replaced by the following: [...]deleted
2018/02/02
Committee: ECON
Amendment 268 #

2016/0360A(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) No 575/2013
Article 8
(6) Article 8 is replaced by the following: [...]deleted
2018/02/02
Committee: ECON
Amendment 275 #

2016/0360A(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
(b) the parent institution on a consolidated basis or the subsidiary institution on a sub-consolidated basis monitors and has oversight at all times over the liquidity positions, and the funding positions where the NSFR set out in Title IV of Part Six is waived, of all institutions within the liquiditygroup or sub- group, that are subject to the waiver in accordance with this paragraph and ensures a sufficient level of liquidity, and of stable funding where the NSFR set out in Title IV of Part Six is waived, for all of those institutions;
2018/02/02
Committee: ECON
Amendment 286 #

2016/0360A(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) No 575/2013
Article 8 – paragraph 2 – point c
(c) the distribution of amounts, location and ownership of the required liquid assets to be held within the single liquidity sub-group where the LCR as defined in Delegated Regulation (EU) 2015/61 is waived and the distribution of amounts and location of available stable funding within the single liquidity sub- group where the NSFR set out in Title IV of Part Six of this Regulation is waived;
2018/02/02
Committee: ECON
Amendment 287 #

2016/0360A(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 6
Regulation (EU) No 575/2013
Article 8 – paragraph 2 – point d
(d) the determination of minimum amounts of liquid assets to be held by institutions for which the application of Part Six will bethe LCR as defined in Delegated Regulation (EU) 2015/61 is waived and the determination of minimum amounts of available stable funding to be held by institutions for which the application of the NSFR set out in Title IV of Part Six of this Regulation is waived;
2018/02/02
Committee: ECON
Amendment 414 #

2016/0360A(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 27
Regulation (EU) No 575/2013
Article 72e – paragraph 4 – introductory part
Where an EU parent institution or a parent institution in a Member State that is subject to Article 92a has direct, indirect or synthetic holdings of own funds instruments or eligible liabilities instruments of one or more subsidiaries which do not belong to the same resolution group as that parent institution, the resolution authority of that parent institution, after consultingin agreement with the resolution authorities of any subsidiaries concerned, may permit the parent institution to derogate from paragraphs 1(c), 1(d) and 2 by deducting a lower amount specified by the home resolution authority. That lower amount must be at least equal to the amount (m) calculated as follows:
2018/02/02
Committee: ECON
Amendment 61 #

2016/0359(COD)

Proposal for a directive
Recital 1
(1) The objective of this Directive is to remove obstacles to the exercise of fundamental freedoms, such as the free movement of capital and freedom of establishment, which result from differences between national laws and procedures on preventive restructuring, insolvency and second chance. This Directive aims at removing such obstacles by ensuring that viable enterprises in financial difficulties have access to effective national preventive restructuring frameworks which enable them to continue operating while contributing as fully as they would in the event of liquidation to satisfying the creditors’ claims; that honest over indebted entrepreneurs have a second chance after a full discharge of debt after a reasonable period of time; and that the effectiveness of restructuring, insolvency and discharge procedures is improved, in particular with a view to shortening their length. Preventive solutions, sometimes called ‘pre-pack’, are a feature of a growing trend in modern insolvency law towards favouring approaches which, unlike the traditional approach of liquidating a business which is in crisis, have the aim of restoring it to health or at least salvaging those of its units that are still economically viable. That practice is praiseworthy and often helps to preserve jobs.
2017/09/19
Committee: ECON
Amendment 64 #

2016/0359(COD)

Proposal for a directive
Recital 2
(2) Restructuring should enable enterprises in financial difficulties to continue business in whole or in part, by changing the composition, conditions or structure of assets and liabilities or of their capital structure, including by sales of assets or parts of the business, if those operations, like the liquidation of assets, also contribute to the satisfaction of creditors’ claims. Preventive restructuring frameworks should above all enable the enterprises to restructure at an early stage and to avoid their insolvency. Those frameworks should even maximise the total value to creditors in comparison with that which they would receive in the event of the liquidation of assets, owners and the economy as a whole and should prevent unnecessary job losses and losses of operations, knowledge and skills. They should also prevent the build-up of non- performing loans. In the restructuring process the rights of all parties involved should be protected, including those of workers. At the same time, non-viable businesses with no prospect of survival should be liquidated as quickly as possible.
2017/09/19
Committee: ECON
Amendment 71 #

2016/0359(COD)

Proposal for a directive
Recital 6
(6) All these differences translate into additional costs for investors or banks when assessing the risks of debtors entering financial difficulties in one or more Member States or when assessing the risks associated with taking over viable operations run by undertakings in difficulty 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.
2017/09/19
Committee: ECON
Amendment 75 #

2016/0359(COD)

Proposal for a directive
Recital 10
(10) Regulation (EU) 2015/848 of the European Parliament and of the Council62 deals with issues of jurisdiction, recognition and enforcement, applicable law and cooperation in cross-border insolvency proceedings as well as with the interconnection of insolvency registers. Its scope covers preventive procedures initiated by a public decision which promote the rescue of an economically viable debtor as well as procedures which give a second chance to entrepreneurs. However, Regulation (EU) 2015/848 does not tackle the discrepancies between those procedures in national law and does not concern confidential procedures. Furthermore, an instrument limited to cross-border insolvencies only would not remove all obstacles to free movement, nor would it be feasible for investors to determine in advance the cross-border or domestic nature of the future potential financial difficulties of the debtor. There is a need therefore to go beyond matters of judicial cooperation and to establish substantive minimum standards. _________________ 62 Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19).
2017/09/19
Committee: ECON
Amendment 76 #

2016/0359(COD)

Proposal for a directive
Recital 11
(11) It is necessary to lower the costs of restructuring for both debtors and creditors, who often bear those costs indirectly because of the reduction of their reimbursement. Therefore the differences which hamper the early restructuring of viable enterprises in financial difficulties and the possibility of a second chance for honest entrepreneurs should be reduced. That should bring greater transparency, legal certainty and predictability in the Union. Also, it should maximise the returns to all types of creditors and investors and encourage cross-border investment. Greater coherence should also facilitate the restructuring of groups of companies irrespective of where the members of the group are located in the Union.
2017/09/19
Committee: ECON
Amendment 78 #

2016/0359(COD)

Proposal for a directive
Recital 12
(12) Removing the barriers to effective restructuring of viable enterprises in financial difficulties contributes to minimising job losses, losses for creditors in the supply chain, preserves know-how and skills and hence benefits the wider economy. In order to attain that objective and to preserve employment and operations, it is necessary to enable these procedures to be conducted in whole or in part in a confidential framework, which in particular requires the rights of workers to be better specified. Facilitating a second chance for entrepreneurs avoids their exclusion from the labour market and enables them to restart entrepreneurial activities, drawing lessons from past experience. Finally, reducing the length of restructuring procedures would result in higher recovery rates for creditors as the passing of time would normally only result in a further loss of value for the enterprise. Moreover, efficient insolvency frameworks would enable a better assessment of the risks involved in lending and borrowing decisions and smooth the adjustment for over-indebted enterprises, minimizing the economic and social costs involved in their deleveraging process.
2017/09/19
Committee: ECON
Amendment 79 #

2016/0359(COD)

Proposal for a directive
Recital 13
(13) In particular small and medium sized enterprises 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 States. Small and medium enterprises, especially when facing financial difficulties, often do not have the resources to hire professional advice, therefore early warning tools should be put in place to alert debtors to the urgency to act. In order to help such enterprises restructure at low cost, mconfidential procedures which minimise loss of value, jobs and creditors’ dividends should be possible. Model restructuring plans should also be developed nationally and made available online. Debtors should be able to use and adapt them to their own needs and to the specificities of their business. It should be possible for the debtor to find ad hoc and special solutions with third parties or creditors, either by reducing debts to all or most of the creditors or by surrendering whatever operations are viable, contributing to the satisfaction of creditors’ claims better than by means of the liquidation of assets, while preserving as many jobs as possible.
2017/09/19
Committee: ECON
Amendment 93 #

2016/0359(COD)

Proposal for a directive
Recital 18
(18) To promote efficiency and reduce delays and costs, national preventive restructuring frameworks should include flexible procedures limiting the involvement of judicial or administrative authorities to where it is necessary and proportionate in order to safeguard the interests of creditors and other interested parties likely to be affected. To avoid unnecessary costs and reflect the early nature of the procedure, debtors should in principle be left in control of their assets and the day-to-day operation of their business. The appointment of a restructuring practitioner, whether a mediator supporting the negotiations of a restructuring plan or an insolvency practitioner supervising the actions of the debtor, should not be mandatory in every case, but made on a case-by-case basis depending on the circumstances of the case or on the debtor's specific needs. Furthermore, there should not necessarily be a court order for the opening of the restructuring process which may be informal as long as the rights of third parties are not affected. Nevertheless, a degree of supervision should be ensured when this is necessary to safeguard the legitimate interests of one or more creditors or another interested party. This may be the case, in particular, when a general stay of individual enforcement actions is granted by the judicial or administrative authority or where it appears necessary to impose a restructuring plan on dissenting classes of creditors or where all or part of the business is transferred to another undertaking.
2017/09/19
Committee: ECON
Amendment 96 #

2016/0359(COD)

Proposal for a directive
Recital 20
(20) To ensure that the creditors do not suffer detriment, the stay should not be granted or, if granted, should not be prolonged or should be lifted when creditors are unfairly prejudiced by the stay of enforcement. In establishing whether there is unfair prejudice to creditors, judicial or administrative authorities may take into account whether the stay would preserve the overall value of the estate, as it could be realised by means of liquidation or would preserve the dividend creditors would receive, whether the debtor acts in bad faith or with the intention of causing prejudice or generally acts against the legitimate expectations of the general body of creditors. A single creditor or a class of creditors would be unfairly prejudiced by the stay if for example their claims would be made substantially worse-off as a result of the stay than if the stay was not granted, or if the creditor is put more at a disadvantage than other creditors in a similar position.
2017/09/19
Committee: ECON
Amendment 100 #

2016/0359(COD)

Proposal for a directive
Recital 29
(29) While shareholders' or other equity holders' legitimate interests should be protected, Member States should ensure that shareholders cannot unreasonably block the adoption of restructuring plans which would bring the debtor back to viability or enable the viable parts of its business to be continued by another enterprise after its transfer. For example, the adoption of a restructuring plan should not be conditional on the agreement of the out-of-the-money equity holders, namely equity holders who, upon a valuation of the enterprise, would not receive any payment or other consideration if the normal ranking of liquidation priorities were applied. Member States can deploy different means to achieve this goal, for example by not giving equity holders the right to vote on a restructuring plan. However, where equity holders have the right to vote on a restructuring plan, a judicial or administrative authority should be able to confirm the plan notwithstanding the dissent of one or more classes of equity holders, through a cross-class cram down mechanism. More classes of equity holders may be needed where different classes of shareholdings with different rights exist. Equity holders of small and medium enterprises who are not mere investors but are the owners of the firm and contribute to the firm in other ways such as managerial expertise may not have an incentive to restructure under such conditions. For this reason, the cross-class cram-down mechanism should remain optional for the plan proposer.
2017/09/19
Committee: ECON
Amendment 102 #

2016/0359(COD)

Proposal for a directive
Recital 30
(30) Confirmation of a restructuring plan by a judicial or administrative authority is necessary to ensure that the reduction of the rights of creditors or interests of equity holders is proportionate to the benefits of the restructuring and that they have access to an effective remedy or that the transfer of the business is carried out under conditions which ensure that creditors receive at least as much as they would have been allocated after the sale of assets following a liquidation. The judicial or administrative authority should therefore reject a plan or proposed transfer where it has been established that the attempted restructuring reduces the rights of dissenting creditors or equity holders below what they could reasonably expect to receive in the event of the liquidation of the debtor's business, either by piecemeal liquidation or by a sale as a going concern, depending on the particular circumstances of each debtor. However, where the plan is confirmed through a cross-class cram- down mechanism, the absolute priority rule should be applied by reference to the enterprise valuation which, as opposed to the going-concern liquidation valuation of the enterprise, looks at the value of the debtor's business in the longer term. The enterprise valuation is, as a rule, higher than the going-concern liquidation value because it captures the fact that the business continues its activity and contracts with the minimum disruption, has the confidence of financial creditors, shareholders and clients, continues to generate revenues and limits the impact on workers.
2017/09/19
Committee: ECON
Amendment 105 #

2016/0359(COD)

Proposal for a directive
Recital 34
(34) Throughout the preventive restructuring procedures, workers should enjoy full labour law protection. In particular,f this Directive is without prejudice to workers' rights guaranteed by Council Directive 98/59/EC68, Council Directive 2001/23/EC69, Directive 2002/14EC of the European Parliament and of the Council70, Directive 2008/94/EC of the European Parliament and of the Council71 and Directive 2009/38/EC of the European Parliament and of the Council72, it shall lay down arrangements for the exercise of these rights which make it possible to safeguard jobs and economic activity, in particular the confidentiality necessary for that purpose, whilst guaranteeing the effective exercise of those rights. The obligations concerning the information and consultation of workers under national law implementing the above-mentioned Directives remain fully intact. This includes obligations to inform and consult workers' representatives on the decision to have recourse to a preventive restructuring framework in accordance with Directive 2002/14/EC. Given the need to ensure an appropriate level of protection of workers, Member States should in principle exempt workers' outstanding claims, as defined in Directive 2008/94/EC, from any stay of enforcement irrespective of the question whether these claims arise before or after the stay is granted. Such a stay should be permissible only for the amounts and for the period that the payment of such claims is effectively guaranteed by other means under national law. Where Member States extend the cover of the guarantee of payment of workers' outstanding claims established by Directive 2008/94/EC to preventive restructuring procedures set up by this Directive, the exemption of workers' claims from the stay of enforcement is no longer justified to the extent covered by that guarantee. Where under national law there are limitations to the liability of guarantee institutions, either in terms of the length of the guarantee or the amount paid to workers, workers should be able to enforce their claims for any shortfall against the employer even during the stay of enforcement period. _________________ 68 Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies, OJ L 225, 12.08.1998, p. 16. 69 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, 22.03.2001, p. 16. 70 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. 71 Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer, OJ L 283, 28.10.2008, p. 36. 72 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 purpose of informing and consulting employees, OJ L 122, 16.5.2009, p.28.
2017/09/19
Committee: ECON
Amendment 106 #

2016/0359(COD)

Proposal for a directive
Recital 35
(35) Where a restructuring plan entails a transfer of part of undertaking or business, workers' rights arising from a contract of employment or from an employment relationship, notably including the right to wages, should be safeguarded in accordance with Articles 3 and 4 of Directive 2001/23/EC, without prejudice to the specific rules applying in the event of insolvency proceedings under Article 5 of that Directive and in particular the possibilities allowed by Article 5(2) of that Directive. Furthermore, in addition and without prejudice to the rights to information and consultation, including on decisions likely to lead to substantial changes in work organisation or in contractual relations with a view to reaching an agreement on such decisions, which are guaranteed by Directive 2002/14/EC, under this Directive workers who are affected by the restructuring plan should have the right to vote on the plan. For the purposes of voting on the restructuring plan, Member States may decide to place workers in a class separate from other classes of creditors. Due account should be taken of the rulings handed down by the Court of Justice, as Advocate-General Mengozzi recently pointed out in his conclusions in Case C- 126/16.
2017/09/19
Committee: ECON
Amendment 108 #

2016/0359(COD)

Proposal for a directive
Recital 37
(37) The different second chance possibilities in the Member States may incentivise over-indebted entrepreneurs to relocate to Member States in order to benefit from shorter discharge periods or more attractive conditions for discharge, leading to additional legal uncertainty and costs for the creditors when recovering their claims. Furthermore, the effects of bankruptcy, in particular the social stigma, legal consequences such as disqualifying entrepreneurs from taking up and pursuing entrepreneurial activity and the on-going inability to pay off debts constitute important disincentives for entrepreneurs seeking to set up a business or have a second chance, even if evidence shows that entrepreneurs who have gone bankrupt have more chance to be successful the second time. Steps should therefore be taken to reduce the negative effects of over-indebtedness and bankruptcy on entrepreneurs, in particular by allowing for a full discharge of debts after a certain period of time, by establishing a liability regime which both incentivises early and responsible action and punishes the failure to take such action, and by limiting the length of disqualification orders issued in connection with the debtor's over- indebtedness.
2017/09/19
Committee: ECON
Amendment 110 #

2016/0359(COD)

Proposal for a directive
Recital 39
(39) It is necessary to maintain and enhance the transparency and predictability of the procedures in delivering outcomes that are favourable for the preservation of businesses and for giving entrepreneurs a second chance or that permit the efficient liquidation of non-viable enterprises. It is also necessary to reduce the excessive length of insolvency procedures in many Member States, which results in legal uncertainty for creditors and investors and low recovery rates. That reduction may in particular be secured by introducing, as a first step, confidential procedures which make it possible, in part by virtue of that confidentiality, to prepare the plan or the assignment without the loss of value which would occur if that intention were to be made public. Finally, given the enhanced cooperation mechanisms between courts and practitioners in cross- border cases set up by Regulation (EU) 2015/848 and applicable to public procedures, the professionalism of all actors involved needs to be brought to comparable high levels across the Union. To achieve these objectives, Member States should ensure that members of the judicial and administrative bodies are properly trained and have specialised knowledge and experience in insolvency matters. Such specialisation of members of the judiciary should allow making decisions with potentially significant economic and social impacts within a short period of time and should not mean that members of the judiciary have to deal exclusively with restructuring, insolvency and second chance matters. For example, the creation of specialised courts or chambers in accordance with national law governing the organisation of the judicial system could be an efficient way of achieving these objectives.
2017/09/19
Committee: ECON
Amendment 117 #

2016/0359(COD)

Proposal for a directive
Article 1 – paragraph 1 – point a
(a) preventive restructuring procedures available for debtors in financial difficulty when there is a likelihood of insolvency; or where the procedures are being used to resolve a short-term problem, to reduce the amount owed to all or some of the creditors or to transfer all or part of the viable business to another enterprise on the basis of arrangements which provide for creditors to receive a dividend at least equal to that which they would have received in the event of liquidation;
2017/09/19
Committee: ECON
Amendment 123 #

2016/0359(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 1
(1) 'insolvency procedure' means a collective insolvency procedure opened by means of a public decision which entails a partial or total divestment of the debtor and the appointment of a liquidator;
2017/09/19
Committee: ECON
Amendment 125 #

2016/0359(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 2
(2) 'restructuring' means a procedure or measures, whether public or confidential, which make it possible to changinge the composition, conditions, or structure of a debtor's assets and liabilities or any other part of the debtor's capital structure, including share capital, or a combination of those elements, including sales of assets or all or parts of the business, with the objective of enabling the enterprise to continue in whole or in part;
2017/09/19
Committee: ECON
Amendment 132 #

2016/0359(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 7
(7) 'cram-down of dissenting creditors' means the confirmation by a judicial or administrative authority of a restructuring plan that has the support of a majority in value of creditors or a majority in value in each and every class of creditors, or whose transfer price is not enough to pay all the creditors in full, over the dissent of a minority of creditors or the dissent of a minority of creditors within each class or the dissent of the creditors who do not receive full payment of their claims;
2017/09/19
Committee: ECON
Amendment 136 #

2016/0359(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 15 – point a
(a) to assist the debtor or the creditors in drafting or negotiating a restructuring plan or a plan to transfer viable parts of the business;
2017/09/19
Committee: ECON
Amendment 139 #

2016/0359(COD)

Proposal for a directive
Article 2 – paragraph 1 – point 15 – point b
(b) to supervise the activity of the debtor during the negotiations on a restructuring or transfer plan and report to a judicial or administrative authority;
2017/09/19
Committee: ECON
Amendment 151 #

2016/0359(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Member States shall ensure that, where there is likelihood of insolvency, debtors in financial difficulty have access to an effective preventive restructuring framework that enables them to restructure their debts or business, restore their viability and avoid insolvencor arrange for viable operation by another undertaking and avoid insolvency or find a solution that is more satisfactory than liquidation of assets to help pay off creditors’ claims, protect jobs and sustain business activity.
2017/09/19
Committee: ECON
Amendment 167 #

2016/0359(COD)

Proposal for a directive
Article 5 – paragraph 3 – point b a (new)
(ba) where the plan provides for the transfer of all or part of an undertaking to another undertaking without the creditors being paid in full or, indeed, the entire workforce being kept on.
2017/09/19
Committee: ECON
Amendment 171 #

2016/0359(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Member States shall ensure that debtors who are negotiating a restructuring plan with their creditors or drawing up a sale plan may benefit from a stay of individual enforcement actions if and to the extent such a stay is necessary to support the negotiations of a restructuring plan.
2017/09/19
Committee: ECON
Amendment 184 #

2016/0359(COD)

Proposal for a directive
Article 6 – paragraph 5 – point a
(a) relevant progress has been made in the negotiations on the restructuring plan or the negotiations on transfer of a going concern to another undertaking under the conditions laid down in this Directive; and
2017/09/19
Committee: ECON
Amendment 194 #

2016/0359(COD)

Proposal for a directive
Article 7 – paragraph 3
3. Member States may derogate from paragraph 1 where the debtor becomes illiquid and therefore unable to pay his debts as they fall due during the stay period. In that case, Member States shall ensure that restructuring procedures are not automatically terminated and that, upon examining the prospects for achieving an agreement on a successful restructuring or going-concern transfer plan within the period of the stay, a judicial or administrative authority may decide to defer the opening of insolvency procedure and keep in place the benefit of the stay of individual enforcement actions.
2017/09/19
Committee: ECON
Amendment 203 #

2016/0359(COD)

Proposal for a directive
Article 8 – paragraph 1 – point b
(b) a valuation of the present value of the debtor or the debtor's business, following problem solving or business divestiture procedures, as well as a reasoned statement on the causes and the extent of the financial difficulties of the debtor;
2017/09/19
Committee: ECON
Amendment 206 #

2016/0359(COD)

Proposal for a directive
Article 8 – paragraph 1 – point f – point iii a (new)
(iiia) the possibilities for selling businesses as going concerns, selling prices or possible sale terms, the implications of those prices or terms for the dividends that creditors would receive compared with the dividend that a creditor would probably have received had the business in question been liquidated or the priority of creditors determined, and the consequences for workers, employment and activity, or for each stakeholder.
2017/09/19
Committee: ECON
Amendment 208 #

2016/0359(COD)

Proposal for a directive
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/or to restore its long-term viability, and states any anticipated necessary pre-conditions for its success.
2017/09/19
Committee: ECON
Amendment 212 #

2016/0359(COD)

Proposal for a directive
Article 8 – paragraph 3 a (new)
3a. Member States shall ensure that their national legislation effectively guarantees the confidentiality of discussions, conversations, negotiations, or information sessions with persons who have entered into a confidentiality undertaking.
2017/09/19
Committee: ECON
Amendment 214 #

2016/0359(COD)

Proposal for a directive
Article 8 – paragraph 3 b (new)
3b. The obligations of employers to inform and consult workers shall not be put into effect until a plan has been finalised.
2017/09/19
Committee: ECON
Amendment 215 #

2016/0359(COD)

Proposal for a directive
Article 8 – paragraph 3 c (new)
3c. Procedures for implementing restructuring plans that provide for creditors to receive a dividend at least equal to that which they would have received had the assets been sold and the priority of creditors determined following insolvency proceedings shall constitute a bankruptcy procedure within the meaning of the abovementioned directives.
2017/09/19
Committee: ECON
Amendment 217 #

2016/0359(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that any affected creditorsthe procedures provided for in national law are such that any creditors affected by a waiver plan have a right to vote on the adoption of a restructuring plan. Member States may also grant such voting rights to affected equity holders, in accordance with Article 12(2). Member States shall ensure that the procedures provided for in national law are such that any creditors affected by a plan to sell a business as a going concern to another business, and who would not be repaid in full, would have the right to raise objections in the jurisdiction called upon to authorise the sale. Member States shall ensure that debtors, having embarked on a confidential procedure, may at any time thereafter initiate a further procedure publicly, if they consider the latter to be necessary before the plan has been adopted or the sale has been authorised by the jurisdiction concerned.
2017/09/19
Committee: ECON
Amendment 224 #

2016/0359(COD)

Proposal for a directive
Article 9 – paragraph 2
2. Member States shall ensure that parties affected partiesby a waiver plan are treated in separate classes which reflect the class formation criteria. 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 may also provide that workers are treated in a separate class of their own.
2017/09/19
Committee: ECON
Amendment 228 #

2016/0359(COD)

Proposal for a directive
Article 9 – paragraph 4
4. A restructuring plan shall be deemed to be adopted by affected parties, provided that a majority in the amount of their claims or interests is obtained in each and every class. Member States shall lay down the required majorities for the adoption of a restructuring plan, which shall be in any case not higher than 75% in the amount of claims or interests in each class. A sale plan shall be authorised by the competent jurisdiction under the national procedure allowing the sale to be authorised and effected.
2017/09/19
Committee: ECON
Amendment 237 #

2016/0359(COD)

Proposal for a directive
Article 10 – paragraph 1 a (new)
1a. Member States shall ensure that plans to sell a business as a going concern cannot become binding on the parties unless they are confirmed by a judicial or administrative authority under national law. In each of the cases referred to in this paragraph, Member States shall ensure that the procedures provided for in national law are such that workers have the right to submit comments to, or raise objections before, the judicial or administrative authority called upon to rule on the confirmation of the plan.
2017/09/19
Committee: ECON
Amendment 240 #

2016/0359(COD)

Proposal for a directive
Article 10 – paragraph 3
3. Member States shall ensure that judicial or administrative authorities may refuse to confirm a restructuring plan involving the waiver of claims where that plan does not have a reasonable prospect of preventing the insolvency of the debtor and ensuring the viability of the business or where the debtor’s obligations to workers under existing Directives have not been fulfilled. Member States shall ensure that judicial or administrative authorities may refuse to authorise a sale plan where that plan is such that creditors have no reasonable prospect of being paid a dividend at least equivalent to the amount which they would have received if assets had been sold following a bankruptcy procedure or where the business continuing as a going concern does not offer guarantees as to the viability of the operations transferred.
2017/09/19
Committee: ECON
Amendment 242 #

2016/0359(COD)

Proposal for a directive
Article 10 – paragraph 4
4. Member States shall ensure that where a judicial or administrative authority is required to confirm a restructuring plan or authorise a sale plan in order for it to become binding, a decision is taken without undue delay after the request for confirmation has been filed and in any case no later than 30 days after the request is filed.
2017/09/19
Committee: ECON
Amendment 250 #

2016/0359(COD)

Proposal for a directive
Article 13 – paragraph 1
1. A liquidation value shall be determined by the judicial or administrative authority where a restructuring plan or a sale plan is challenged on the grounds of an alleged breach of the best interest of creditors test.
2017/09/19
Committee: ECON
Amendment 252 #

2016/0359(COD)

Proposal for a directive
Article 13 – paragraph 2 – introductory part
2. An enterprise value shall be determined by the judicial or administrative authority on the basis of the value of the enterprise as a going concern and the value of the proceeds from the sale of its assets by the insolvency practitioner in an insolvency procedure in the following cases:
2017/09/19
Committee: ECON
Amendment 253 #

2016/0359(COD)

Proposal for a directive
Article 13 – paragraph 2 – point b a (new)
(ba) where a plan involves the transfer of all or part of a business
2017/09/19
Committee: ECON
Amendment 262 #

2016/0359(COD)

Proposal for a directive
Article 18 – paragraph 1 – point b
(b) to have due regard to the interests of creditors and other stakeholders, including in relation to employment;
2017/09/19
Committee: ECON
Amendment 263 #

2016/0359(COD)

Proposal for a directive
Article 18 – paragraph 1 – point d a (new)
(da) to fulfil, in the manner most compatible with confidentiality, the obligations arising from the directives granting rights to workers.
2017/09/19
Committee: ECON
Amendment 265 #

2016/0359(COD)

Proposal for a directive
Article 18 – paragraph 1 a (new)
National law shall provide for a diminished liability regime for managers who comply with subparagraph 1 and an aggravated sanction regime for managers who have not done so, either with intent to defraud or with obvious bad faith, or for managers who, despite being alerted by workers or their representatives to a risk of insolvency, did not take the immediate steps referred to above or who misused the restructuring procedures by not minimising the loss for creditors, workers and other stakeholders.
2017/09/19
Committee: ECON
Amendment 9 #

2016/0351(COD)

Proposal for a regulation
Recital 2
(2) Articles 2(7)(a) and 2(7)(b) of Regulation (EU) 2016/1036 stipulate the basis on which normal value should be determined in the case of imports from non-market economy countries. In view of developments with respect to certain countries that are Mmembers of the WTO, it is appropriate that, for those countries, normal value should be determined on the basis of paragraphs 1 to 6a of Article 2 of Regulation (EU) 2016/1036, with effect from the date on which this Regulation enters into force, and subject to the provisions of this Regulation. In the case of countries which are, at the date of initiation, not Members of the WTO and listed in Annex I of Regulation (EU) 2015/7552 , norma1 value should be determined on the basis of paragraph 7 of Article 2 of Regulation (EU) 2016/1036, as amended by this Regulation. This Regulation should be without prejudice to establishing whether or not any WTO Member is a market economy. Furthermore, it should be without prejudice to the terms and conditions set out in protocols and other instruments in accordance with which countries have acceded to the Marrakesh Agreement establishing the World Trade Organisation. _________________ 2 Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries (OJ L 123, 19.5.2015, p. 33).
2017/05/23
Committee: INTA
Amendment 13 #

2016/0351(COD)

Proposal for a regulation
Recital 3
(3) In the light of experience gained in past proceedings, it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist. In particular, it is appropriate to clarify that this situation may be deemed to exist, inter alia, when reported prices or costs, including the costs of raw materials, are not the result of free market forces because they are affected by government intervention. It is further appropriate to clarify that in considering whether or not such a situation exists regard may be had, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowing the state to interfere with respect to prices or costs; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectives. It is further appropriate to provide that the Commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used. and other factors of production, are not the result of free market forces because they are affected by government intervention, or when there is a situation of overcapacities 1a. It is further appropriate to clarify that in considering whether or not such a situation exists regard should be had, inter alia, to the potential impact of the following: government influence over the allocation of resources and decisions of enterprises, whether directly or indirectly (e.g. public bodies), for example through the use of state-fixed prices, or discrimination in the tax, trade or currency regimes; state- induced distortions in the operation of enterprises linked to privatisation and the use of non-market trading or compensation system; the lack of a transparent and non-discriminatory company law which ensures adequate corporate governance (application of international accounting standards, protection of shareholders, public availability of accurate company information); the lack of a transparent and effective set of laws that prevents the respect of property rights and the operation of a functioning bankruptcy regime; the lack of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision; wage rates are not the result of free bargaining between labour and management; the absence of a transparent set of laws produces discriminatory effects with regards to joint-ventures and other foreign investments and access to finance granted by institutions implementing public policy objectives; the lack of ratification and of correct implementation of core International Labour Organisation (ILO) Conventions and of Multilateral Environmental Agreements (MEA) to which the Union is party; the non- compliance with the relevant OECD recommendations pertaining to the field of taxation (e.g. the BEPS initiative); and any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortions. For indicative purposes, a detailed list of the examples of significant distortions is available in the Annex. That list should be updated after each case. The existence of one or more significant distortions in the economy as a whole or in one or several sectors of the economy of the exporting country should lead automatically to the use of undistorted third country, international or Union prices, costs or benchmarks for each and every factor of production in the construction of the normal value, as well as to the disapplication of the lesser-duty rule for the calculation of the anti-dumping duty to be imposed on imports from exporting producers from that country. In the absence of undistorted third country or international costs or benchmarks, the Commission should determine the normal value on any other reasonable basis, including on the basis of relevant prices and costs in the Union. This is especially the case where a significant portion of the complaining industry is made up of SMEs. The reliability of the costs and prices of a given factor of production to be considered undistorted should be assessed, inter alia, by reference to the quantities involved, their proportion in relation to the total costs of that factor, and actual use in production. Under this methodology, the burden of proving the absence of significant distortions on every factors of production falls on the exporting country's producers. If an exporting producer from a country where one of more significant distortions exist conclusively demonstrates at an early stage of the investigation that the costs of one or more of its factors of production are not distorted, those individual factors of production costs should be used in the construction of the normal value, without prejudice to the use of undistorted third country, Union or international prices, costs or benchmarks for those individual factors of production that are significantly distorted. It is further appropriate to provide that the Commission services should, at their own initiative or on the request of the European Parliament, of a Member State or of the Union industry (including Trade Unions and SMEs), issue a report describing the specific situation concerning these criteria in a certain country (departing from horizontal country distortions and then focussing on factors of production and sector distortions) or a certain sector; for those countries for which a substantial number of anti-dumping cases have been recorded, the report should be completed three months before the entry into force of this Regulation and adopted fifteen days within its entry into force. Union industry, including Trade Unions and SMEs, should be consulted during the report drafting process. When drafting a report, the Commission shall coordinate with the Union's major trading partners. Such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector; interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used. In accordance with its role, the European Parliament is to monitor the report drafting process. On the request of the European Parliament, of a Member State, of the Union industry (including Trade Unions and SMEs) or in the case of a change of circumstances in a specific country or sector, the Commission should adopt a specific report or update an existing one. In any event, the Commission should carry out a review of the report every two and a half years. _________________ 1a Overcapacities are defined when the commercial surpluses start being structural without any comparative advantage in the country, when domestic prices and costs are lower than the prices in the world market or when investments in new production capacities are realised in discordance with a growing commercial surplus
2017/05/23
Committee: INTA
Amendment 31 #

2016/0351(COD)

Proposal for a regulation
Recital 4
(4) It is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation. However, where there are one or more significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low, such costs may be adjusted orshould be established on any reasonable basis, including information from other representative markets or from, from markets in the Union or from undistorted international prices or benchmarks. In the light of experience gained in past proceedings, it is appropriate to further clarify that, for the purposes of applying the provisions introduced by this regulation, due account should be taken of all relevant evidence, including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based, which has been placed on the file, and upon which interested parties have had an opportunity to comment. In applying the rules, it is essential, in order to maintain the balance of the rights and obligations which the WTO and its Agreements and Protocols establish, that the Union take account of how they are interpreted, and applied by the Union's trading partners.
2017/05/23
Committee: INTA
Amendment 46 #

2016/0351(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point a
(a) In case it is determined, when applying this provision or any other relevant provision of this Regulation, that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of one or more significant distortions in the economy or in one or several sectors of the economy, the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks. For this purpose, the sources that may be used include undistorted international prices, costs, or benchmarks, or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country, provided the relevant cost data are readily available. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits. for each and every factor of production, and the lesser-duty rule shall not apply for the calculation of the anti-dumping duties to be imposed on imports from the exporting producers from that country. For this purpose, the sources that may be used include: – corresponding costs of production and sale in an appropriate representative producer country where the prices and costs concerned by the investigation are the result of free market forces, including those in the Union or – if considered inappropriate by the Commission, undistorted international prices, costs, or benchmarks, provided the relevant cost data are readily available. The constructed normal value shall include a reasonable amount for administrative, selling and general costs and for profits. In the absence of undistorted international or third country costs or benchmarks, the Commission shall determine the normal value on any other reasonable basis, including on the basis of relevant prices or costs in the Union. This is especially the case where a significant portion of the complaining Union industry is made up of SMEs. The reliability of the costs and prices of a given factor of production to be considered undistorted shall be assessed, inter alia, by reference to the quantities involved, their proportion in relation to the total costs of that factor, and actual use in production. Under this methodology, the burden of proving the absence of significant distortions on every factors of production falls on the exporting country's producers. If an exporting producer from a country where one or more significant distortions exist conclusively demonstrates that the costs of one or more of its individual factors of production are not distorted, those individual factors of production costs should be used in the construction of the normal value, without prejudice to the use of undistorted third country, Union or international prices, costs of benchmarks for those individual factors of production that are significantly distorted.
2017/05/23
Committee: INTA
Amendment 62 #

2016/0351(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point b
(b) Significant distortions for the product concerned within the meaning of point (a) may be deemed to exist, inter alia, when reported prices or costs, including the costs of raw materials and other factors of production, are not the result of free market forces as they are affected by government intervention, or when there is a situation of overcapacities 1b. In considering whether or not significant distortions exist regard mayshall be had, inter alia, to the potential impact of the following: the market in question is to a significant extent served by enterprises which operate under the ownership, control or policy supervision or guidance of the authorities of the exporting country; state presence in firms allowing the state to interfere with respect to prices or costs; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces; and access to finance granted by institutions implementing public policy objectivegovernment influence over the allocation of resources and decisions or enterprises, whether directly or indirectly (e.g. public bodies), for example through the use of state-fixed prices, or discrimination in the tax, trade or currency regimes; state-induced distortions in the operation of enterprises linked to privatisation and the use of non- market trading or compensation system; the lack of a transparent and non- discriminatory company law which ensures adequate corporate governance (application of international accounting standards, protection of shareholders, public availability of accurate company information); the lack of a transparent and effective set of laws that prevents the respect of property rights and the operation of a functioning bankruptcy regime; the lack of a genuine financial sector which operated independently from the state and which in law and practice is subject sufficient guarantee provisions and adequate supervision; wage rates are not the result of free bargaining between labour and management; the absence of a transparent set of laws produces discriminatory effects with regard to joint- ventures and others foreign investments and access to finance granted by institutions implementing public policy objectives: the lack of ratification and of correct implementation of core International Labour Organisation (ILO) Conventions and of Multilateral Environmental Agreements (MEA) to which the Union is party; the non- compliance with the relevant OECD recommendations pertaining in the field of taxation (e.g. the BEPS initiative), and any other circumstance the Commission considers appropriate in order to evaluate the existence of significant distortions. For indicative purposes, a detailed list of examples of significant distortions found during previous anti-dumping cases is available in the Annex. This list shall be updated after each case. _________________ 1b Overcapacities are defined when the commercial surpluses start being structural without any comparative advantage in the country, when domestic prices and costs are lower than the prices in the world market or when investments in new production capacities are realised in discordance with a growing commercial surplus.
2017/05/23
Committee: INTA
Amendment 81 #

2016/0351(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6a – point c
(c) When appropriateAt their initiative or on the request of the European Parliament, of a Member State of or the Union industry (including Trade Unions and SMEs), the Commission services mayshall issue a report describing the specific situation concerning the criteria listed in point (b) in a certain country or a certain sector. Such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to supplement, comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used. The determinations made shall take into account all of the relevant evidence on the file. (departing from the horizontal country distortions and then focussing on factors of production distortions and sector distortions) or a certain sector. For those countries for which a substantial number of anti-dumping cases have been opened, the report shall be completed three months before the entry into force of this Regulation and adopted fifteen days within its entry into force. The Union industry, including Trade Unions and SMEs, shall be consulted during the report drafting process. When drafting a report, the Commission shall coordinate with the Union's major trading partners. Such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector. Interested parties shall have ample opportunity to supplement, comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used. The determinations made shall take into account all of the relevant evidence on the file. In accordance with its role, the European Parliament shall monitor the report drafting process. On the request of the European Parliament, of a Member State, of Union industry - including Trade Unions and SMEs - or on the Commission's own initiative when the circumstances in a specific country or sector have changed, the Commission shall adopt a specific report or update an existing one. In any event, the Commission shall carry out a review of the report every two and a half years.
2017/05/23
Committee: INTA
Amendment 97 #

2016/0351(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point d
(d) The Union industry may rely on the report referred to in point (c) for the calculation of normal value when filing a complaint in accordance with Article 5 or a request for a review in accordance with Article 11 or in a request for reinvestigation in accordance with Article 12. When the conclusions of the report show the existence of one or more significant distortions, the report pursuant to the paragraph 6 (b) shall constitute sufficient evidence in order to justify the calculation of the normal value pursuant to the methodology referred to in subparagraph (a). In any event, no additional burdens shall be requested from the Union industry. In the absence of a report, the Commission shall use any available information or data to establish the existence of significant distortions and use the methodology referred to in subparagraph (a) if the relevant requirements are met. A helpdesk and special mechanisms (e.g.: free legal advice, explicit user-friendly guidelines, especially regarding confidentiality rules) are put in place in order to help SMEs in the process of making use of the reports and filing complaints.
2017/05/23
Committee: INTA
Amendment 113 #

2016/0351(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point e
(e) The parties to the investigation shall be informed shortly after initiation about the relevant sources that the Commission intends to use for the purpose of point (a) and shall be given 10 working days to comment. For this purpose, interested parties shall be given access to the file, including any evidence on which the investigating authority relies, without prejudice to Article 19. A disclosure regarding the methodology to be used shall be communicated to the parties no later than three months from initiation of the investigation.
2017/05/23
Committee: INTA
Amendment 115 #

2016/0351(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 1
Regulation (EU) 2016/1036
Article 2 – paragraph 6 a – point e a (new)
(ea) During the investigations phase, in case of less than full cooperation by an exporting producer from a country in which one or more significant distortions are deemed to exist, and without prejudice to the application of Article 18, the lesser- duty rule shall not apply for the determination of the anti-dumping duties to be imposed on imports from that exporting producer
2017/05/23
Committee: INTA
Amendment 100 #

2016/0337(CNS)

Proposal for a directive
Recital 3 a (new)
(3a) The European Commission, in its communication to the European Parliament and the Council of 21 September 2017 entitled "A fair and efficient tax system in the European Union for the Digital Single Market", believes that the CCCTB offers the basis to address the tax challenges posed by the digital economy.
2017/09/29
Committee: ECON
Amendment 149 #

2016/0337(CNS)

Proposal for a directive
Recital 8
(8) Taxable revenues should be reduced by business expenses and certain other items. Deductible business expenses should normally include all costs relating to sales and expenses linked to the production, maintenance and securing of income. To support innovation in the economy and modernise the internal market, deductions should be provided for research and development costs relating to expenses on staff, subcontractors, agency workers and freelancers, including super- deductions, and those should be fully expensed in the year incurred (with the exception of immovable property). Small starting companies without associated enterprises which are particularly innovative (a category which will in particular cover start-ups) should also be supported through enhanced super- deductions for research and development costs. In order to ensure legal certainty, there should also be a list of non-deductible expenses. A clear definition of costs of research and development is needed to avoid misuse of the deductions.
2017/09/29
Committee: ECON
Amendment 246 #

2016/0337(CNS)

Proposal for a directive
Article 5 – paragraph 2 a (new)
2a. If a taxpayer resident in one jurisdiction provides access to or offers a digital platform such as an electronic application, database, online marketplace, storage room or offers search engine or advertising services on a website or in an electronic application, this taxpayer shall be deemed to have a permanent establishment in a Member State other than the jurisdiction in which it is resident for tax purposes if the total amount of revenue of the taxpayer or associated enterprise due to remote transactions generated from aforementioned digital platforms in the non-resident jurisdiction exceeds EUR 5 000 000 per year. Furthermore, to determine a significant and sustained digital presence, the Commission shall be empowered to adopt delegated acts in accordance with Article 66 to lay down technical standards for the following digital factors: (a) the number of registered individual users per month that are domiciled in a Member State other than the jurisdiction in which it is resident for tax purposes who logged in or visited the taxpayer's digital platform; (b) the number of digital contracts concluded with customers or users that are domiciled in the non-resident jurisdiction in a taxable year; (c) the volume of digital content collected by the taxpayer in a taxable year. If on top of the revenue based factor, on or more of the three digital factors above as defined by the Commission are applicable for a taxpayer in the relevant Member State, the taxpayer shall be deemed to have a permanent establishment in that Member State. The tax payer shall be required to disclose the relevant information laid down in this article to the tax authorities.
2017/09/29
Committee: ECON
Amendment 264 #

2016/0337(CNS)

Proposal for a directive
Article 9 – paragraph 2 a (new)
2a. The costs for research and development referred to in paragraph 2 shall include only expenses on staff, subcontractors, agency workers and freelancers.
2017/09/29
Committee: ECON
Amendment 339 #

2016/0337(CNS)

Proposal for a directive
Article 45 a (new)
Article 45a Effective Tax Contribution As long as the threshold laid down in point (c) of Article 2(1) of this directive still is in place, Member States shall monitor and publish the effective tax contribution of SMEs and MNEs across the Member States, as to ensure a level playing field.
2017/09/29
Committee: ECON
Amendment 403 #

2016/0337(CNS)

Proposal for a directive
Article 69 – paragraph 2 a (new)
The Commission shall monitor and publish its findings on the uniform implementation of this directive so as to avoid situations in which 28 competent authorities enforce 28 different regimes, and on the potential problems produced by differences in accounting regimes.
2017/09/29
Committee: ECON
Amendment 38 #

2016/0336(CNS)

Proposal for a directive
Recital 1
(1) Companies which seek to do business across frontiers within the Union encounter serious obstacles and market distortions owing to the existence and interaction of 28 disparate corporate tax systems. Furthermore, tax planning structures have become ever-more sophisticated over time, as they develop across various jurisdictions and effectively take advantage of the technicalities of a tax system or of mismatches between two or more tax systems for the purpose of reducing the tax liability of companies. Digitisation greatly facilitates cross border business. Removing barriers to the Single Market, including tax barriers, and creating a more favourable business environment through neutral, simplified and coordinated tax rules is therefore more important than ever. Current rules may need to be adapted to respond to the digitalisation of our economy. Although those situations highlight shortcomings that are completely different in nature, they both create obstacles which impede the proper functioning of the internal market. Action to rectify these problems should therefore address both these types of market deficiencies.
2017/09/29
Committee: ECON
Amendment 58 #

2016/0336(CNS)

Proposal for a directive
Recital 3
(3) As pointed out in the proposal of 16 March 2011 for a Council Directive on a Common Consolidated Corporate Tax Base (CCCTB)7 , a corporate tax system which treats the Union as a single market for the purpose of computing the corporate tax base of companies would facilitate cross-border activity for companies resident in the Union and promote the objective of making it a more competitive location for investment internationally. The proposal of 2011 for a CCCTB focussed on the objective of facilitating the expansion of commercial activity for businesses within the Union. In addition to that objective, it should also be taken into account that a CCCTB can be highly effective in improving the functioning of the internal market through countering tax avoidance schemes. In this light, the initiative for a CCCTB should be re- launched in order to address, on an equal footing, both the aspect of business facilitation and the initiative's function in countering tax avoidance. Once implemented in all Member States, the CCCTB would ensure that taxes are paid where profits arise. Such an approach would best serve the aim of eradicating distortions in the functioning of the internal market. __________________ 7 Proposal for a Council Directive COM (2011) 121 final/2 of 3.10.2011 on a Common Consolidated Corporate Tax Base.
2017/09/29
Committee: ECON
Amendment 60 #

2016/0336(CNS)

Proposal for a directive
Recital 3 a (new)
(3a) The European Commission, in its communication to the European Parliament and the Council of 21 September 2017 entitled "A fair and efficient tax system in the European Union for the Digital Single Market", believes that the CCCTB offers the basis to address the tax challenges posed by the digital economy.
2017/09/29
Committee: ECON
Amendment 69 #

2016/0336(CNS)

Proposal for a directive
Recital 4
(4) Considering the need to act swiftly in order to ensure a proper functioning of the internal market by making it, on the one hand, friendlier to trade and investment and, on the other hand, more resilient to tax avoidance schemes, it is necessary to divide the ambitious CCCTB initiative into two separate proposals. At a first stage, rules on a common corporate tax base should be agreed, before addressing, at a second stage, the issue of consolidation. But implementing the CCTB without consolidation would not tackle the problem of profit shifting. Therefore, it is essential that the consolidation is applied in all Member States from 31 December 2019.
2017/09/29
Committee: ECON
Amendment 80 #

2016/0336(CNS)

Proposal for a directive
Recital 5
(5) Many aggressive tax planning structures tend to feature in a cross- border context, which implies that the participating groups of companies possess a minimum of resources. On this premise, for reasons of proportionality, the rules on a CCCTB should be mandatory only for groups of companies of a substantial size. For that purpose, a size-related threshold should be fixed on the basis of the total consolidated revenue of a group which files consolidated financial statements. In addition, in order to better serve the aim of facilitating trade and investment in the internal market, the rules on a CCCTB should also be available, as an option, to those groups that fall short of the size-related threshold.deleted
2017/09/29
Committee: ECON
Amendment 89 #

2016/0336(CNS)

Proposal for a directive
Recital 5 a (new)
(5a) Taking into account the digital change in the business environment, it is necessary to define the concept of a digital business establishment. Companies which raise revenues in a Member State without having a physical establishment in that Member State have to be treated in the same way as companies with a physical establishment.
2017/09/29
Committee: ECON
Amendment 114 #

2016/0336(CNS)

Proposal for a directive
Recital 11 a (new)
(11a) To end the race to the bottom on corporate tax rates at EU level, a European minimum effective corporate tax rate is required. On average, corporate tax in the European Union decreased from 35% in the 1990s to 22.5% today. By adopting the CCCTB, Member States will no longer be able to compete through tax bases, the result being further decreases in the corporate tax rates.
2017/09/29
Committee: ECON
Amendment 117 #

2016/0336(CNS)

Proposal for a directive
Recital 13 a (new)
(13a) The Commission should create a new department in DG TAXUD to monitor Member States’ tax revenues after the implementation of the CCCTB. In this view, the Commission should increase the means of this DG. This new department should be mandated to give guidance to companies and Member States’ tax administrations.
2017/09/29
Committee: ECON
Amendment 119 #

2016/0336(CNS)

Proposal for a directive
Recital 13 b (new)
(13b) As the High Level Group on Own Resources suggests, a part of the fiscal revenues gained from the common consolidated tax base can be used as an own resource for the Union budget, in order to proportionally reduce Member States’ contributions to the same budget. This should lead to a more effective way to levy taxes on exporting and multinational corporations, who benefit most from globalisation and the Single Market, and thus introduce a user-pays principle.
2017/09/29
Committee: ECON
Amendment 121 #

2016/0336(CNS)

Proposal for a directive
Recital 14 a (new)
(14a) In order to create a level playing field and to eliminate tax competition conditions having a negative impact on the economic performance of the internal market and leading to a race to the bottom, minimum effective corporate tax rates should be introduced so as to optimise tax efficiency. Such a minimum effective tax rate would furthermore lead to the benefit of better comparing economic performance of Member States across the EU. The average EU top statutory corporate income tax rate is 22.5%, and in some Member States as low as 10%. The declining tendency of this rate should be reversed so as to avoid a race to the bottom. This directive therefore asks the Commission to come up with a legislative proposal for a minimum effective corporate tax rate at 18% in each Member State. Until such a legislation is in place, the Commission should publish statistics of the effective tax rates in Member States, distinguishing between the effective tax rates of SMEs and MNEs.
2017/09/29
Committee: ECON
Amendment 125 #

2016/0336(CNS)

Proposal for a directive
Recital 16
(16) In order to supplement or amend certain non-essential elements of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission with respect of (i) taking into account changes to the laws of Member States concerning the company forms and corporate taxes and amend Annexes I and II accordingly; (ii) laying down additional definitions; and (iii) supplementing the rule on the limitation of interest deductibility with anti-fragmentation rules, to better address the tax avoidance risks which may emerge within a group. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and the opinion of the European Parliament. 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 the Council.
2017/09/29
Committee: ECON
Amendment 141 #

2016/0336(CNS)

Proposal for a directive
Article 2 – paragraph 1 – introductory part
1. The rules of this Directive shall apply to a company that is established under the laws of a Member State, including its permanent establishments and digital business in other Member States, where the company meets all of the following conditions:
2017/09/29
Committee: ECON
Amendment 144 #

2016/0336(CNS)

Proposal for a directive
Article 2 – paragraph 1 – point c
(c) it belongs to a consolidated group for financial accounting purposes with a total consolidated group revenue that exceeded EUR 750 000 000 during the finacorresponding to the amount laid down point (c) of Article 2(1) of Council Directive ... on a Common Corporate Tax Base1a+; _____________ 1aCouncial year preceding the relevant financial year; Directive ... on a Common Corporate Tax Base (OJ L ..., ....., p. ...). + OJ: Please insert the serial number of the document 2016/0337(CNS) into the title and complete footnote 1 with regard to the same document.
2017/09/29
Committee: ECON
Amendment 149 #

2016/0336(CNS)

Proposal for a directive
Article 2 – paragraph 2 – subparagraph 1
This Directive shall also apply to a company that is established under the laws of a third country in respect of its permanent establishments situated in one or more Member States, and in relation to revenues otherwise accrued in a Member State, where the company meets the conditions laid down in points (b) to (d) of paragraph 1.
2017/09/29
Committee: ECON
Amendment 156 #

2016/0336(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 23
(23) 'consolidated tax base' means the result of adding up the tax basesconsolidated net taxable revenue of allthe group members, as calculated on a consistent accounting basis applicable to all group members in accordance with Directive 2016/xx/EU;
2017/09/29
Committee: ECON
Amendment 159 #

2016/0336(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 28 a (new)
(28a) 'royalty cost' means costs arising from payments of any kind made as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work, including cinematograph films and software, any patent, trademark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience, or any other intangible asset; payments for the use of, or the right to use, industrial, commercial or scientific equipment shall be regarded as royalty costs;
2017/09/29
Committee: ECON
Amendment 161 #

2016/0336(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 28 b (new)
(28b) 'transfer prices' means the prices at which an undertaking transfers tangible goods or intangible assets or provides services to associated undertakings;
2017/09/29
Committee: ECON
Amendment 162 #

2016/0336(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 28 c (new)
(28c) 'patent box' means a system used to calculate the income deriving from intellectual property (IP) which is eligible for tax benefits by establishing a link between the eligible expenditure effected when the IP assets were created (expressed as a proportion of the overall expenditure linked to the creation of the IP assets) and the income deriving from those IP assets; this system restricts the IP assets to patents or intangible goods with an equivalent function and provides the basis for the definition of 'eligible expenditure', 'overall expenditure' and 'income deriving from IP assets';
2017/09/29
Committee: ECON
Amendment 163 #

2016/0336(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 28 d (new)
(28d) ‘Digital business establishment’ means an establishment which is specifically directed towards consumers or businesses in a Member State regard shall be had to the fact that the business establishment is conducting its business under the top level domain of the Member State or of the EU, or in relation to mobile application based business, distributing its application via the Member State specific part of a mobile application distribution centre;
2017/09/29
Committee: ECON
Amendment 164 #

2016/0336(CNS)

Proposal for a directive
Article 3 – paragraph 1 – point 28 e (new)
(28e) An effective corporate tax rate means corporate tax paid in relation to earnings and profits in financial statements of the corporation.
2017/09/29
Committee: ECON
Amendment 183 #

2016/0336(CNS)

Proposal for a directive
Article 7 – paragraph 1
1. The tax bases of all members of a group shall be added together into a consolidated tax basenet taxable revenue of members of a group shall be based on their financial statements that shall be adjusted so that taxable revenues shall be all cash, exchange or barter receipts arising during or due for the period less those accounted for in previous periods, those of a capital nature and those explicitly exempted from charge; less those cash, barter or exchange payments made or due for the period that were incurred for the purposes of the trade of the corporation less those accounted for in previous periods, those that represent loan or equity capital repayment and those that are explicitly exempted from deduction; less those allowances and reliefs specifically permitted and those excesses of deductions over revenues brought forward from previous periods.
2017/09/29
Committee: ECON
Amendment 191 #

2016/0336(CNS)

Proposal for a directive
Article 9 – paragraph 2
2. Groups shall apply a consistent and adequately documented method for recording intra-group transactions. Groups may change the method only for valid commercial reasons and only at the beginning of a tax yearAll such transactions shall be eliminated from the tax base as a result of the consolidation required by Article 7 (1).
2017/09/29
Committee: ECON
Amendment 194 #

2016/0336(CNS)

Proposal for a directive
Article 9 – paragraph 3
3. The method for recording intra- group transactions shall enable all intra- group transfers and sales to be identified at the lowest cost for assets not subject to depreciation or the value for tax purposes for depreciable assets.deleted
2017/09/29
Committee: ECON
Amendment 196 #

2016/0336(CNS)

Proposal for a directive
Article 9 – paragraph 4
4. Intra-group transfers shall not change the status of self-generated intangible assets.deleted
2017/09/29
Committee: ECON
Amendment 237 #

2016/0336(CNS)

Proposal for a directive
Article 38 – paragraph 1
1. Sales of goods shall be included in the sales factor of the group member located in the Member State where the dispatch or transport of the goods to the person acquiring them ends. Where that place cannot be determined or the group member has no taxable nexus, the sales of goods shall be attributed to the group member located in the Member State of the last identifiable location of the goods.
2017/09/29
Committee: ECON
Amendment 246 #

2016/0336(CNS)

Proposal for a directive
Article 44 – paragraph -1 (new)
-1. No deductions shall be allowed to the extent that they would lead to an effective corporate tax rate lower than 18% on revenues, excluding exempt revenues.
2017/09/29
Committee: ECON
Amendment 247 #

2016/0336(CNS)

Proposal for a directive
Article 45 – paragraph 1
The tax liability of each group member shall be the outcome of the application of the national tax rate to the apportioned share, adjusted in accordance with Article 44, and further reduced with the deductions provided for in Article 25. A minimum effective corporate tax rate shall be set at 18%.
2017/09/29
Committee: ECON
Amendment 248 #

2016/0336(CNS)

Proposal for a directive
Article 45 – paragraph 1 a (new)
The Commission shall put forward by 1 January 2019 a legislative proposal for a minimum effective corporate tax rate at 18% in each Member State, for the purpose of maximisation of tax efficiency, so as to make it possible to compare rates across the Union and which feeds into the Union own resources. This rate shall be applied after a phasing-in of five years in line with the convergence code.
2017/09/29
Committee: ECON
Amendment 249 #

2016/0336(CNS)

Proposal for a directive
Article 45 a (new)
Article 45a Tax revenues generated from the common consolidated corporate tax base The Commission shall by 31st of December 2019 at the latest propose a regulation on making the CCCTB-based own resource available to the EU budget. Through this regulation a common rate shall be introduced. This shall be a rate of 5% of the common consolidated corporate tax base, which shall flow into the European budget as a new genuine own resource, in order to proportionally reduce Member State contributions to the same budget.
2017/09/29
Committee: ECON
Amendment 278 #

2016/0336(CNS)

Proposal for a directive
Article 73 – paragraph 1
For the purposes of this Directive, the scope of controlled foreign company legislation under Article 59 of Directive 2016/xx/EU shall be limited to relations between group members and entities that are resident for tax purposes, or permanent establishments or digital business establishments that are situated, in a third country.
2017/09/29
Committee: ECON
Amendment 283 #

2016/0336(CNS)

Proposal for a directive
Article 76 – paragraph 1
The European Parliament shall assess and be informed of the adoption of delegated acts by the Commission, of any objection formulated to them, and of the revocation of that delegation of powers by the Council.
2017/09/29
Committee: ECON
Amendment 286 #

2016/0336(CNS)

Proposal for a directive
Article 79 – paragraph 1
The Commission shall, five years after the entry into force of this Directive, review its application and report to the Council on the operation of this Directive. The report shall in particular include an analysis of the impact of the mechanism set up in Chapter VIII of this Directive on the apportionment of the tax bases between the Member States. In drawing the conclusions of such a review, the Commission shall propose the terms and conditions to allocate a part of the tax revenues generated from the common consolidated corporate tax base to the budget of the European Union in order to proportionally reduce Member States contributions to the same budget.
2017/09/29
Committee: ECON
Amendment 292 #

2016/0336(CNS)

Proposal for a directive
Article 80 – paragraph 1 – subparagraph 1
Member States shall adopt and publish, by 31st December 202019 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
2017/09/29
Committee: ECON
Amendment 299 #

2016/0336(CNS)

Proposal for a directive
Article 80 – paragraph 1 – subparagraph 2
They shall apply those provisions from 1st January 20210.
2017/09/29
Committee: ECON
Amendment 75 #

2016/0280(COD)

Proposal for a directive
Recital 3
(3) Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited. New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’26 , in some areas it is necessary to adapt and supplement the current Union copyright framework. TIn this ever-evoluting and mutating digital environment, the Commission has to diligently investigate all possible measures to prevent every kind of illegal use of copyright protected visual and audiovisual contents, aiming at commercial purposes, through abusing embedding or framing techniques. In addition, this Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of- commerce works and the online availability of audiovisual works on video- on-demand platforms with a view to ensuring wider access to content. In order to achieve a well-functioning and fair marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors' and performers' contracts and of the accounting deriving from the exploitation of protected works according to those contracts. _________________ 26 COM(2015) 626 final.
2017/04/05
Committee: IMCO
Amendment 76 #

2016/0280(COD)

Proposal for a directive
Recital 3 a (new)
(3 a) Despite the fact that more creative content is being consumed today than ever before, on services such as user- uploaded content platforms and content aggregation services, the creative sectors have not seen a comparable increase in revenues from this increase in consumption. The value of cultural and creative works has been diverted away from the users, authors, artists, producers and other rights holders generating an unsustainable "value gap". This transfer of value is creating an inefficient and unfair market, and threatens the long- term health of the EU's cultural and creative sectors and the success of the Digital Single Market, as far as there will be no successful European digital market without contents. This is why, amongst other, liability exemptions can only apply to genuinely neutral and passive online service providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators.
2017/04/05
Committee: IMCO
Amendment 174 #

2016/0280(COD)

Proposal for a directive
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 publications have invested heavily in digitalizing their content and yet are facing problems in licensing the online use of their publications and recouping their investments. Digital platforms such as new aggregators and search engines have developed their activities based on the investment by press publishers in the creation of content without contributing to its development. This poses a severe threat to the employment and fair remuneration of journalists and the future of media pluralism. In the absence of recognition of publishers of press publications as rightholders, licensing and enforcement in the digital environment is often complex and inefficient.
2017/04/05
Committee: IMCO
Amendment 183 #

2016/0280(COD)

Proposal for a directive
Recital 32
(32) The organisational and financial contribution of 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 uses in digital uses.
2017/04/05
Committee: IMCO
Amendment 201 #

2016/0280(COD)

Proposal for a directive
Recital 34
(34) The rights granted to the publishers of press publications 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. Theyand as the rental and lending right and the distribution right provided for in Directive 2006/115/EC. As there is no part of a press publication that does not have an economic value, also the use of short extracts of automatically generated content by news aggregators or search engines may constitute a reproduction and making available as interferes with the publisher's investment in the content. The 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.
2017/04/05
Committee: IMCO
Amendment 209 #

2016/0280(COD)

Proposal for a directive
Recital 35
(35) The protection granted to publishers of press publications 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 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, on the one side, and authors and other rightholders, on the other side. Member States should ensure that a fair share of remuneration derived from uses of the press publishers' rights is attributed to journalists.
2017/04/05
Committee: IMCO
Amendment 221 #

2016/0280(COD)

Proposal for a directive
Recital 37 a (new)
(37 a) User uploaded content services attract users and derive economic value from providing access to protected works and other subject matter, often including its optimization of presentation, organisation and promotion. In doing so, they directly compete with licensed content providers for the same users and revenues. However, unlike licensed services, such user uploaded content services either do not pay or underpay the creators for the works on which they rely by wrongfully claiming safe harbour provisions of the Directive 2000/31/EC.
2017/04/05
Committee: IMCO
Amendment 225 #

2016/0280(COD)

Proposal for a directive
Recital 37 b (new)
(37 b) This transfer of value undermines the efficiency of the online market, distorts competition and drives down the overall value of cultural content online. It also limits consumer choice for new and innovative legitimate services in the European Digital Single Market and risks cultural and creative industries that create significant jobs and growth for EU economy as underlined by the European Parliament resolution of 13 December 2016 on a coherent EU policy for cultural and creative industries (2016/2072(INI)).
2017/04/05
Committee: IMCO
Amendment 235 #

2016/0280(COD)

Proposal for a directive
Recital 38 – paragraph 1
Where iInformation society service providers that store andor provide access to the public to copyright protected works or other subject- matter uploaded by their users, thereby goingo beyond the mere provision of physical facilities and performing anintervene in the 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 initiated by their users uploading such works and other subject matter. These service providers are thus obliged to conclude licensing agreements with rightholders both for the communication to the public and reproduction rights in which thy play an indispensable role, 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 order to provide legal certainty for the users, the authorization granted to these service providers shall cover the liability of their user for the relevant copyright acts, provided the latter are not acting on a professional basis. _________________ 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).
2017/04/05
Committee: IMCO
Amendment 253 #

2016/0280(COD)

Proposal for a directive
Recital 38 – paragraph 2
In respect of Article 14the application of Article 14 of the Directive 2000/31/EC, it is necessary to verify whether the role played by the service provider playsis of an active role, that including by optimisinges, inter alia, optimization for the purpose of the presentation by the service of the uploaded works or subject- matter or promoting them, irrespective of the nature of the means used therefor. The service providers that play such an active role are ineligible for the liability exemption of such Article 14.
2017/04/05
Committee: IMCO
Amendment 280 #

2016/0280(COD)

Proposal for a directive
Recital 39 a (new)
(39 a) Use of technical measures are essential for the functioning of online licensing and rights management purposes. Such technical measures used in modern technology therefore do not require the identity of uploaders and hence do not pose any risk for privacy of individual end users. Furthermore, those technical measures involve a highly targeted technical cooperation of rightholders and information society service providers based on the data provided by rightholders, and therefore do not lead to general obligation to monitor and find facts about the content. The provision of Article 13 therefore is fully compatible with Article 15 of Directive 2000/31/EC and the European Charter of Fundamental Rights.
2017/04/05
Committee: IMCO
Amendment 294 #

2016/0280(COD)

Proposal for a directive
Recital 41 a (new)
(41 a) Authors and performers should be able to enterinto fair and balanced remuneration contracts, regardless of their sector.
2017/04/05
Committee: IMCO
Amendment 431 #

2016/0280(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC and Article 3 and 9 of Directive 2006/115/EC for the digital use of their press publications.
2017/04/05
Committee: IMCO
Amendment 442 #

2016/0280(COD)

Proposal for a directive
Article 11 – paragraph 4
4. The rights referred to in paragraph 1 shall expire 270 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication.
2017/04/05
Committee: IMCO
Amendment 477 #

2016/0280(COD)

Proposal for a directive
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to large amounts of works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and, proportionate and compliant with the relevant industry standards. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate and timely reporting on the recognition and use of the works and other subject-matter.
2017/04/05
Committee: IMCO
Amendment 489 #

2016/0280(COD)

Proposal for a directive
Article 13 – paragraph 2
2. Member States shall ensure that the service providers referred to in paragraph 1 put in placrovide their users with appropriate complaints and redress mechanisms that are available to userrough which users can seek answers, necessary guidelines or solutions in case of disputes over the application of the measures referred to in paragraph 1, especially where the content uploaded by users is unjustifiably prevented by the service provider. This redress mechanism shall either be undertaken by such service provider or by a trusted third party approved by rightholders, service provider and users together or by Member States.
2017/04/05
Committee: IMCO
Amendment 508 #

2016/0280(COD)

Proposal for a directive
Article 13 a (new)
Article 13a 1. Information society service providers that store and provide access to the public to copyright protected works or other subject-matter uploaded by their users go beyond the mere provision of physical facilities and intervene in the act of communication to the public initiated by their users uploading such works and other subject matter. These service providers are thus obliged to conclude licensing agreements with rightholders both for communication to the public and reproduction rights, in which they play an indispensable role, unless they are covered by Article 14 of the Directive 2000/31/EC. The authorisation granted to these service providers shall be deemed to cover such acts carried out by their users, if the latter are not acting on a professional basis. 2. The conditional non-liability regime provided for by Article 14 of Directive 2000/31/EC shall not apply to the activities of information society services providers which make protected works and other subject matter available to the public and play an active role.
2017/04/05
Committee: IMCO
Amendment 514 #

2016/0280(COD)

Proposal for a directive
Article 13 b (new)
Article 13b 1. Member States shall ensure that when an audiovisual author has transferred or assigned his making available right to a producer, that author shall retain the right to obtain an equitable remuneration. 2. This right to obtain an equitable remuneration for the making available of the author's work is inalienable and cannot be waived. 3. The administration of this right to obtain an equitable remuneration for the making available of the author's work shall be entrusted to collective management organisations representing audiovisual authors, unless other collective agreements, including voluntary collective management agreements, guarantee such remuneration to audiovisual authors for their making available right. 4. Authors' collective management organisations shall collect the equitable remuneration from audiovisual media services making audiovisual works available to the public.
2017/04/05
Committee: IMCO
Amendment 16 #

2016/0231(COD)

Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on binding annual greenhouse gas emission reductthe Union's by Member States from 2021 to 2030 for a resilient Energy Union andclimate objectives to meet commitments under the Paris Agreement and amending Regulation No 525/2013 of the European Parliament and the Council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change (Text with EEA relevance)
2017/02/07
Committee: TRAN
Amendment 18 #

2016/0231(COD)

Proposal for a regulation
Recital 1 a (new)
(1a) In order to meet the Paris Agreement objectives and long term targets the scope of this Regulation should cover greenhouse gas emissions reduction targets after 2030.
2017/02/07
Committee: TRAN
Amendment 22 #

2016/0231(COD)

Proposal for a regulation
Recital 4 a (new)
(4a) In order to comply with Articles 4 and 14 of the Paris Agreement, the Union should make progressively stronger efforts and submit every five years a contribution reflecting its highest possible ambition. Accordingly, this Regulation includes a review clause to establish new targets for scaling up Union's commitments. To ensure that Union target adjustments are in line with the Paris Agreement's global stocktake mechanism, the review should be comprehensive taking into account the best available science.
2017/02/07
Committee: TRAN
Amendment 23 #

2016/0231(COD)

Proposal for a regulation
Recital 4 b (new)
(4b) In order to ensure a comprehensive retching up system in line with the Paris Agreement and taking into account the experience of the European Environmental Agency in promoting the incorporation of European environmental information into international monitoring programmes and providing comprehensive assessment of the state of the environment in Europe, the review clause should be based on a preparatory and independent report from the European Environmental Agency.
2017/02/07
Committee: TRAN
Amendment 27 #

2016/0231(COD)

Proposal for a regulation
Recital 9
(9) The approach of annually binding national limits taken in Decision No 406/2009/EC of the European Parliament and of the Council19 should be continued from 2021 to 2030, with the start of the trajectory calculation in 202017 on the average of the greenhouse gas emissions during 2016 to 2018 and the end of the trajectory being the 2030 limit for each Member State. An adjustment to the allocation in 2021 is provided for Member States with both a positive limit under Decision 406/2009/EC and increasing annual emission allocations between 2017 and 2020 determined pursuant to Decisions 2013/162/EU and 2013/634/EU, to reflect the capacity for increased emissions in those years. The European Council concluded that the availability and use of existing flexibility instruments within the non-ETS sectors should be significantly enhanced in order to ensure cost- effectiveness of the collective Union effort and convergence of emissions per capita by 2030. _________________ 19 Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).
2017/02/07
Committee: TRAN
Amendment 46 #

2016/0231(COD)

Proposal for a regulation
Article 1 – paragraph 1
This Regulation lays down obligations on the minimum contributions of Member States to meeting the greenhouse gas emission reduction commitment of the Union for the period from 2021 to 2030to fulfil Union and Member States commitments under the Paris Agreement, rules on determining annual emission allocations and for the evaluation of Member States' progress towards meeting their minimum contributions.
2017/02/07
Committee: TRAN
Amendment 48 #

2016/0231(COD)

Proposal for a regulation
Article 1 – paragraph 1 a (new)
This Regulation lays down binding annual greenhouse gas emission reduction by Member State to reduce Union greenhouse gas emissions referred to in Article 2 by at least 30% in 2030 compared to 2005. Member States shall continue reducing their greenhouse gas emissions covered by this Regulation beyond 2030, leading to a reduction of Union's emissions of 60% by 2040 compared to 2005 levels and 95% by 2050 compared to 2005 levels.
2017/02/07
Committee: TRAN
Amendment 59 #

2016/0231(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. Subject to the flexibilities provided for in Articles 5, 6 and 7, to the adjustment pursuant to Article 10(2) and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory, starting in 202017 on the average of its greenhouse gas emissions during 2016, 2017 and 2018 determined pursuant to paragraph 3 and ending in 2030 on the limit set for that Member State in Annex I to this Regulation.
2017/02/07
Committee: TRAN
Amendment 63 #

2016/0231(COD)

4. This implementing act shall also specify, based on the percentages notified by Member States under Article 6(2), the quantities that may be taken into account for their compliance under Article 9 between 2021 and 2030. If the sum of all Member States' quantities were to exceed the collective total of 100 million, the quantities for each Member State shall be reduced on a pro rata basis so that the collective total is not exceeded.
2017/02/07
Committee: TRAN
Amendment 75 #

2016/0231(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. A Member State whose greenhouse gas emissions for a given year are below its annual emission allocation for that year, taking into account the use of flexibilities pursuant to this Article and Article 6, may bank that excess part of its annual emission allocation to subsequent years until 2030.
2017/02/07
Committee: TRAN
Amendment 76 #

2016/0231(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. A Member State may transfer up to 5% of its annual emission allocation for a given year to other Member States. The receiving Member State may use this quantity for compliance under Article 9 for the given year or for subsequent years until 2030.Such transfer shall be included in the European Register pursuant to Article 11.
2017/02/07
Committee: TRAN
Amendment 79 #

2016/0231(COD)

Proposal for a regulation
Article 5 – paragraph 5
5. A Member State may transfer the part of its annual emission allocation for a given year that exceeds its greenhouse gas emissions for that year, taking into account the use of flexibilities pursuant to paragraphs 2 to 4 and Article 6, to other Member States. A receiving Member State may use this quantity for compliance under Article 9 for that year or subsequently until 2030. Such transfer shall be included in the European Register pursuant to Article 11.
2017/02/07
Committee: TRAN
Amendment 82 #

2016/0231(COD)

Proposal for a regulation
Article 5 – paragraph 6
6. Member States shall be able to use credits from projects issued pursuant to Article 24a (1) of Directive 2003/87/EC for compliance under Article 9, without any quantitative limit and while avoiding double-countingBy 31 December 2019, the Commission shall adopt a delegated act in accordance with the procedure referred to in Article 12 to establish a European Project Mechanism for issuing credits from projects generating long-term and economy-wide reduction of greenhouse gas emissions falling within the scope of this Regulation.
2017/02/07
Committee: TRAN
Amendment 84 #

2016/0231(COD)

6a. 3. The revenues generated from this project based mechanism, or the equivalent in financial value of these revenues, shall be used to reduce greenhouse gas emissions, to adapt to the impacts of climate change, to develop renewable energies, to encourage a shift to low-emission and public forms of transport and/or to finance research and development in energy efficiency and clean technologies in the sectors covered by this Regulation.
2017/02/07
Committee: TRAN
Amendment 85 #

2016/0231(COD)

Proposal for a regulation
Article 6
Flexibility for certain Member States following reduction of EU ETS 1. Member States that may have a limited cancellation of up to a maximum of 100 million EU ETS allowances as defined in Article 3(a) of Directive 2003/87/EC collectively taken into account for their compliance under this Regulation are listed in Annex II to this Regulation. 2. Member States listed in Annex II shall notify the Commission by 31 December 2019 of any intention to make use of a limited cancellation of allowances up to the percentage listed in Annex II for that Member State, for their compliance under Article 9. 3. At a Member State's request, the Central Administrator designated under Article 20 of Directive 2003/87/EC (thereafter "the Central Administrator") shall take into account the quantity referred to in Article 4(4) for that Member States' compliance under Article 9. One- tenth of the quantity of allowances determined pursuant to Article 4(4) shall be cancelled pursuant to Article 12(4) of Directive 2003/87/EC for each year from 2021 to 2030.Article 6 deleted allowances
2017/02/07
Committee: TRAN
Amendment 92 #

2016/0231(COD)

Proposal for a regulation
Article 7 a (new)
Article 7a Auctioning mechanism 1. From 2022 onwards, Member States shall make available 2% of their annual emission allocation for auctioning, through a central Union auctioning platform. By 31 December 2019 the Commission shall determine and publish the estimated amount of allowances to be auctioned. 2. Member States shall determine the use of revenues generated from the auctioning of allowances. The revenues generated from the auctioning of allowances referred to in paragraph 1 or the equivalent in financial value of these revenues, should be used for one or more of the following: (a) to reduce greenhouse gas emissions, to adapt to the impacts of climate change; (b) to develop renewable energies ; (f) to encourage a shift to low-emission and public forms of transport; (g) to finance research and development in energy efficiency and clean technologies in the sectors covered by this Regulation; (i) to cover administrative expenses of the management of the Community scheme. 4. By 30 June 2018, the Commission shall review Regulation (EU) No 1031/2010 on timing, administration and other aspects of auctioning to ensure that auctioning under this Regulation is conducted in an open, transparent, harmonised and non- discriminatory manner through a central Union auctioning platform. To that end, the review shall be predictable, in particular as regards the timing and sequencing of auctions and the estimated volumes of allowances to be made available. Auctions shall be designed to ensure that: (a) Member States have full, fair and equitable access; (b) all participants have access to the same information at the same time and that participants do not undermine the operation of the auction; (c) the organisation and participation in auctions is cost-efficient and undue administrative costs are avoided; (d) access to allowances is granted for small emitters; (e) a minimum clearance price under which the auction shall be cancelled; and (d) the unsold allowances shall be made available for the next auction, but that after 2030, all unsold allowances shall be deleted.
2017/02/07
Committee: TRAN
Amendment 98 #

2016/0231(COD)

Proposal for a regulation
Article 9 – paragraph 1 – introductory part
1. In 2027 and 2032, iFrom 2020, the Commission shall evaluate once every two years whether the progress made by Member States is sufficient for them to fulfil their obligations under this Regulation. If the reviewed greenhouse gas emissions of a Member State exceed its annual emission allocation for any specific year of the period, pursuant to paragraph 2 of this Article and the flexibilities used pursuant to Articles 5 to 7, the following measures shall apply:
2017/02/07
Committee: TRAN
Amendment 104 #

2016/0231(COD)

Proposal for a regulation
Article 11 – title
European Registery
2017/02/07
Committee: TRAN
Amendment 105 #

2016/0231(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The Commission shall ensure the accurate accounting under this Regulation through the Union Registry established pursuant to Article 10 of Regulation (EU) No 525/2013, including annual emission allocations, flexibilities exercised under Article 4 to 7, compliance under Article 9 and changes in coverage under Article 10 of this Regulation. The Central Administrator shall conduct an automated check on each transaction under this Regulation and, where necessary, block transactions to ensure there are no irregularities. This information shall be accessible to the publice European Register system shall be transparent and include every relevant information regarding the transfer of allowances between Member States. This information shall be accessible to the public through a dedicated website hosted by the Commission.
2017/02/07
Committee: TRAN
Amendment 107 #

2016/0231(COD)

Proposal for a regulation
Article 14 – paragraph 1
The Commission shall reportIn accordance with Articles 3, 4 and 14 of the Paris Agreement the Commission shall submit new emission limits as set in Annex I to the European Parliament and to the Council by 28 February 2024 and every five years thereafter and shall report on the operation of this Regulation, its contribution to the EU's overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the Paris Agreement, and may make proposals if appropriate. long-term objectives established in Article 1 of this Regulation. The review shall be based on a preparatory and independent report from the European Environmental Agency establishing recommendations on new targets reflecting the Union's highest possible ambition. Where the Commission intends not to endorse the recommendations of the preparatory report or to endorse it in part or with amendments, it shall justify why it does not endorse it, or, as the case may be, explaining the reasons for its amendments.
2017/02/07
Committee: TRAN
Amendment 114 #

2016/0231(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point 6 a (new)
6a. 7. In Article 24 the following paragraph 4 is added: The European Environment Agency shall submit to the Commission a report on the state of, trends in and prospects for the environment every five years, by 30 June 2023 and every five years thereafter. The report shall include target adjustment on the emission limits set in Annex I of Regulation [ESR]. The report shall include recommendations on the Union's long term objectives beyond 2030.
2017/02/07
Committee: TRAN
Amendment 126 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point a
"(a) auditors, external accountants and tax advisors;" (-1) in point (3) of Article 2(1), point (a) is replaced by the following: "(a) auditors, external accountants and tax advisors, wealth managers or any other natural or legal persons offering tax- related services and advice;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1481024906782&uri=CELEX:32015L0849)
2016/12/19
Committee: ECONLIBE
Amendment 129 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point -1 a (new)
Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point b – point v a (new)
(-1a) in point (b) of Article 2(1)(3), the following point is inserted: (va) tax planning and advice;
2016/12/19
Committee: ECONLIBE
Amendment 132 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point -1 b (new)
Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point c a (new)
(-1b) In point (3) of Article 2(1), the following point is inserted: (ca) taxation and accountancy service providers not covered under point (a) or (b);
2016/12/19
Committee: ECONLIBE
Amendment 138 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Directive 2015/849/EU
Article 2 – paragraph 1 – point 3 – point h a (new)
(1a) In point (3) of Article 2(1), the following point is inserted: (ha) natural or legal persons trading in works of art, art gallerists, auction houses and platforms for storing, servicing and trading in works of art and other valuables ("freeports");
2016/12/19
Committee: ECONLIBE
Amendment 155 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a a (new)
Directive 2015/849/EU
Article 3 – point 6 – point a – point i a (new)
(aa) in point (6)(a), the following point is inserted: (ia) senior managers, nominee directors, administrators and other proxies or agents shall never be identified as beneficial owners;
2016/12/19
Committee: ECONLIBE
Amendment 163 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a c (new)
Directive 2015/849/EU
Article 3 – paragraph 1 – point 6 – point b
(ac) in point (6), point (b) is replaced by the following: "(b) in the case of trusts: (i) the settlor (s); (ii) the trustee (s); (iii) the protector (s), if any; (iv) the beneficiaries, or where the individuals benefiting from the legal arrangement or entity have yet to be determined, the class of persons in whose main interest the legal arrangement or entity is set up or operates; (iva) any other person mentioned in the trust deed or related document (regardless of any distribution, right, power or interest) (v) any other natural person exercising ultimate control over the trust by means of direct or indirect ownership or by other means;" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1481024906782&uri=CELEX:32015L0849)
2016/12/19
Committee: ECONLIBE
Amendment 166 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a d (new)
Directive 2015/849/EU
Article 3 – point 9 – point g
(ad) in point (9), point (g) is replaced by the following: (g) members of the administrative, management or supervisory bodies of State-owned enterprisepublic and private enterprises as well as of foundations and any other religious and secular organisations;
2016/12/19
Committee: ECONLIBE
Amendment 190 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Directive 2015/849/EU
Article 9 – paragraph 2 – point a – point iii
(2c) in Article 9(2)(a), point (iii) is replaced by the following: (iii) requirements relationg to record- keeping; and
2016/12/19
Committee: ECONLIBE
Amendment 191 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Directive 2015/849/EU
Article 9 – paragraph 2 – point a – point iv
(2d) in Article9(2)(a), point (iv) is replaced by the following: (iv) requirements to report suspicious transactions; and
2016/12/19
Committee: ECONLIBE
Amendment 192 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)
Directive 2015/849/EU
Article 9 – paragraph 2 – point a – point iva (new)
(2e) in Article 9(2)(a), the following point is added: (iva) requirements to ensure beneficial ownership transparency;
2016/12/19
Committee: ECONLIBE
Amendment 194 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 f (new)
Directive 2015/849/EU
Article 9 – paragraph 2 – point b
(b) the powers and procedures2f) in Article 9(2), point (b) is replaced by the following: (b) the powers, procedures and political independence of the third country's competent authorities for the purposes of combating money laundering and terrorist financing;
2016/12/19
Committee: ECONLIBE
Amendment 196 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 g (new)
Directive 2015/849/EU
Article 9 – paragraph 2 – point c
(2g) in Article 9(2), point (c) is replaced by the following: (c) the effectiveness of the AML/CFT system in addressing money laundering or terrorist financing risks of the third country., including an analysis of governance indicators, such as control of corruption, government effectiveness, political stability and absence of violence/terrorism, regulatory quality, the rule of law and accountability;
2016/12/19
Committee: ECONLIBE
Amendment 197 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 h (new)
Directive 2015/849/EU
Article 9 – paragraph 2 – point c a (new)
(2h) in Article 9(2), the following point is inserted: (ca) the existence of proper sanction regime in case of breach of law;
2016/12/19
Committee: ECONLIBE
Amendment 200 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2 i (new)
Directive 2015/849/EU
Article 9 – paragraph 2 – point c b (new)
(2i) in Article 9(2), the following point is added: (cb) measures in place to protect whistleblowers who uncover information related to money laundering activities.
2016/12/19
Committee: ECONLIBE
Amendment 217 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Directive 2015/849/EU
Article 13 – paragraph 6 a (new)
(4a) In Article 13, the following paragraph is added: 6a. Member States shall ensure that when customer due diligence measures, as described in this Article, do not allow the identification of the beneficial owner, or where there are reasonable doubts that the person(s) identified are the beneficial owner(s), the business relationship is refused or terminated, and that no transactions are executed.
2016/12/19
Committee: ECONLIBE
Amendment 220 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2015/849/EU
Article 14 – paragraph 5
5. Member States shall require that obliged entities apply the customer due diligence measures not only to all new customers but also at appropriate times to existing customers on a risk-sensitive basis, or when the relevant circumstances of a customer change, or when the obliged entity has a duty in the course of the relevant calendar year, to contact the customer for the purpose of reviewing any information related to the beneficial owner(s), in particular under Directive 2011/16/EU.; Member States shall require that obliged entities contact the customer for the purpose of reviewing any information related to the beneficial owner(s) not later than ... [one year after the date of the entry into force of this amending Directive].
2016/12/19
Committee: ECONLIBE
Amendment 249 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new)
Directive 2015/849/EU
Article 20 a (new)
(7b) The following Article 20a is inserted: Article 20a 1. Member States shall enact national legislation providing for the elaboration of lists of Politically Exposed Persons resident in their territory. 2. The Commission, in cooperation and gathering data submitted by Member States and international organisations, shall assemble a list of politically exposed persons resident in the EU. The list shall be accessible by competent authorities and by obliged entities. 3. The above paragraphs shall not exempt obliged entities from their customer due diligence obligations, and obliged entities shall not rely exclusively on that information as sufficient to fulfil those obligations. 4. Member States shall take all appropriate measures to prevent the trade of information for commercial purposes on politically exposed persons, or persons who are or who have been entrusted with a prominent function by an international organisation.
2016/12/19
Committee: ECONLIBE
Amendment 257 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)
Directive 2015/849/EU
Article 30 – paragraph 1 – subparagraph 2 a (new)
(-a) in paragraph 1 the following subparagraph is inserted: Member States shall ensure that owners of shares or voting rights or ownership interest in corporate and other legal entities, including through bearer shareholdings, or through control via other means, disclose to those entities whether they are holding the interest in their own name and on their own account or on behalf of another person. Member States shall ensure that the natural person(s) who hold the position of senior managing official(s) in corporate and other legal entities, disclose to those entities whether they are holding the position in their own name or on behalf of another person.
2016/12/19
Committee: ECONLIBE
Amendment 259 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a a (new)
Directive 2015/849/EU
Article 30 – paragraph 1 – subparagraph 2 b (new)
(-aa) in paragraph 1 the following subparagraph is added: Member States shall ensure that, when acting on behalf of another person, the nominee owner(s) or director(s) in corporate and other legal entities are required to maintain information identifying their nominator.
2016/12/19
Committee: ECONLIBE
Amendment 261 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a a (new)
Directive 2015/849/EU
Article 30 – paragraph 4
(-aa) paragraph 4 is replaced by the following: 4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current. Obliged entities, FIUs and competent authorities shall report any discrepancy they find between the beneficial ownership information held in the central registers and the beneficial ownership information collected as part of their customer due diligence procedures or investigations.
2016/12/19
Committee: ECONLIBE
Amendment 272 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)
Directive 2015/849/EU
Article 30 – paragraph 5 a (new)
(aa) the following paragraph 5a is inserted: 5a. The information held in the register referred to in paragraph 3 of this Article on any corporate and legal entities other than those referred to in Article 1a(a) of Directive (EC) 2009/101 shall be publicly accessible. The information publicly accessible shall consist of at least the name, the date of birth, the nationality, the country of residence, contact details (without disclosure of a home address), the nature and extent of the beneficial interest held of the beneficial owner as defined in Article 3(6)(b). For the purposes of this paragraph, the information on beneficial ownership shall be available in in accordance with data protection rules and in open format, as defined in Directive 2003/98/EC Article 2(7) and subject to online registration. Member States may subject public access to information to online registration and introduce a fee to cover the administrative costs.
2016/12/19
Committee: ECONLIBE
Amendment 277 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Directive 2015/849/EU
Article 30 – paragraph 6 – subparagraph 1
The central register referred to in paragraph 3 shall ensure timelydirect and unrestricted access by competent authorities and FIUs to all information held in the central register without any restriction or payment of a fee and without alerting the entity concerned. It shall also allow timely access byThe same provisions should apply to obliged entities when taking customer due diligence measures in accordance with Chapter II.
2016/12/19
Committee: ECONLIBE
Amendment 284 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Directive 2015/849/EU
Article 30 – paragraph 9 – subparagraph 1
In exceptional circumstances to be laid down in national law, where the access referred to in point (b) of paragraph 5 and paragraph 5a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by-case basis. Exemptions shall be reassessed at regular intervals to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register and legal appeal against the exemption shall always be possible. Member States shall publish annual statistical data on the amount of exemptions granted and reasons stated and report the data to the Commission.
2016/12/19
Committee: ECONLIBE
Amendment 290 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c a (new)
Directive 2015/849/EU
Article 30 – paragraph 10 a (new)
(ca) the following paragraph 10a is added: 10a. Member States shall ensure that corporate and other legal entities incorporated outside their territory and/or their jurisdiction are required to obtain and hold adequate, accurate and current information on their beneficial ownership, including the details of the beneficial interests held, and submit that information to the public register in similar terms as those described in paragraphs 1, 3, 5 and 6 of the Article and in Article 7b of Directive 2009/101/EC in the following circumstances: (a) when the corporate or legal entity opens a bank account or requests a loan in the Member State; (b) when the corporate or legal entity acquires real estate, either by purchase or other legal means, such as donation; (c) when the corporate or legal entity is a party to any commercial transaction whose validity under national law is dependent on a certain formality or validation act, such as certification by a notary. Member States shall provide for adequate sanctions for the failure to comply with the obligation to register in accordance with this paragraph, such as the nullity of the contract.
2016/12/19
Committee: ECONLIBE
Amendment 294 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Directive 2015/849/EU
Article 31 – paragraph 1– subparagraph 1
Member States shall ensure that this Article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts, such as, inter alia, fiducie, Treuhand, waaf or fideicomiso, and all other similar, in terms of structure or function, existing or future legal arrangements.
2016/12/19
Committee: ECONLIBE
Amendment 300 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Directive 2015/849/EU
Article 31 – paragraph 1 – subparagraph 2
Each Member State shall require that trustees of any express trust created, administered or operated in that Member State under the law of a Member State or third country obtain and hold adequate, accurate and up-to-date information on beneficial ownership regarding the trust. That information shall include the identity of: (a) the settlor (s); (b) the trustee (s); (c) the protector (s) (if any); (d) the beneficiaries or class of beneficiaries; (e) exercising effective control over the trust.da) any other person mentioned in the trust deed or related document (regardless of any distribution, right, power or interest); any other natural person
2016/12/19
Committee: ECONLIBE
Amendment 304 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a a (new)
Directive 2015/849/EU
Article 31 – paragraph 3
(aa) paragraph 3 is replaced by the following: 3. Member States shall require that the information referred to in paragraph 1 can be directly accessed in a timely manner by competent authorities and FIUs. Obliged entities, FIUs and competent authorities shall report any discrepancy they find between the beneficial ownership information held in the central registers and the beneficial ownership information collected as part of their customer due diligence procedures or investigations.
2016/12/19
Committee: ECONLIBE
Amendment 309 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Directive 2015/849/EU
Article 31 – paragraph 3 a
3a. The information referred to in paragraph 1 shall be held in a central register set up by the Member State where the trust is created, administered or operated;
2016/12/19
Committee: ECONLIBE
Amendment 317 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 1
The information held in the register referred to in paragraph 3a of this Article with respect to any other trusts than those referred to in Article 7b (b) of Directive (EC) 2009/101 shall be accessible to any person or organisation that can demonstrate a legitimate interestor similar legal entities shall be public.
2016/12/19
Committee: ECONLIBE
Amendment 324 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Directive 2015/849/EU
Article 31 – paragraph 4 a – subparagraph 2
The information publicly accessible to persons and organisations that can demonstrate a legitimate interest shall consist of the name, the month and yeardate of birth, the nationality and, the country of residence and the nature and extent of the interest held of the beneficial owner as defined in Article 3(6)(b).
2016/12/19
Committee: ECONLIBE
Amendment 337 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Directive 2015/849/EU
Article 31 – paragraph 7 a – subparagraph 1
In exceptional circumstances laid down in national law, where the access referred to in paragraphs 4 and 4a would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, violence or intimidation, or where the beneficial owner is a minor or otherwise incapable, Member States may provide for an exemption from such access to all or part of the information on the beneficial ownership on a case-by- case basis. Exemptions shall be reassessed at regular intervals to avoid abuse. When an exemption is granted, this has to be clearly indicated in the register and legal appeal against the exemption shall always be possible. Member States shall publish annual statistical data on the amount of exemptions granted and reasons stated and report the data to the Commission.
2016/12/19
Committee: ECONLIBE
Amendment 350 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a a (new)
Directive 2015/849/EU
Article 32 – paragraph 1
(-aa) paragraph 1 is replaced by the following: 1. Each Members State shall establish an FIU in order to prevent, detect and effectively combat money laundering and terrorist financing. The FIU shall be a police authority or other law enforcement service or entity which, under national law, is responsible for preventing and combating criminal offences.
2016/12/19
Committee: ECONLIBE
Amendment 369 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Directive 2015/849/EU
Article 32 b (new)
(12a) the following Article 32b is inserted: Article 32b 1. Member States shall put in place automated centralised mechanisms, such as central registries or central electronic data retrieval systems, which allow the identification, in a timely manner, of any natural or legal persons holding or controlling land and buildings within their territory. Member States shall notify the Commission of the characteristics of those national mechanisms. 2. Member States shall ensure that the information held in the centralised mechanisms referred to in paragraph 1 is directly accessible, at national level, to FIUs and competent authorities. Member States shall ensure that any FIU is able to provide information held in the centralised mechanisms referred to in paragraph 1 to any other FIUs in a timely manner in accordance with Article 53. 3. The following information shall be accessible and searchable through the centralised mechanisms referred to in paragraph 1: – for the real property owner and any person purporting to act on behalf of the owner: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(a) or a unique identification number; – for the beneficial owner of the real property: the name, complemented by the other identification data required under the national provisions transposing Article 13(1)(b) or a unique identification number; – for the real property: date and cause of ownership acquisition, mortgage and rights other than ownership; – for the land: location, parcel number, land category (current state of land), parcel area (area of land); – for the building: location, parcel number, building number, type, structure, floor area. 4. Member States shall cooperate among themselves and with the Commission in order to establish by 1 January 2018 a European real property register in accordance with paragraph 1 building on the European Land Information Service (EULIS).
2016/12/19
Committee: ECONLIBE
Amendment 378 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13 b (new)
Directive 2015/849/EU
Article 38
(13b) Article 38 is replaced by the following: Member States shall ensure that individuals, including employees and representatives of the obliged entity, who report suspicions of money laundering or terrorist financing internally or to the FIU, are legally protected from being exposed to threats or hostile action, and in particular from adverse or discriminatory employment actions.
2016/12/19
Committee: ECONLIBE
Amendment 379 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 13 c (new)
Directive 2015/849/EU
Article 38 – paragraph 1 a (new)
(13c) in Article 38, the following paragraph is added: 1a. Member States shall ensure that individuals who are exposed to threats, hostile actions, or adverse or discriminatory employment actions for reporting suspicions of money laundering or terrorist financing internally or to the FIU are able to present a complaint in a safe manner to the respective competent authorities. Member States shall ensure that competent authorities have the legal duty to carry out an investigation and emit a decision. Judicial redress against the decision shall always be possible.
2016/12/19
Committee: ECONLIBE
Amendment 384 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Directive 2015/849/EU
Article 43
(15 a) Article 43 is replaced by the following: The processing of personal data on the basis of this Directive for the purposes of the prevention of money laundering and terrorist financing as referred to in Article 1 shall be considered to be a matter of public interest under Directive 95/46/ECRegulation (EU) 2016/679.
2016/12/19
Committee: ECONLIBE
Amendment 391 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Directive 2015/849/EU
Article 48 – paragraph 2
(16a) in Article 48, paragraph 2 is replaced by the following: 2. Member States shall ensure that the competent authorities have adequate powers, including the power to compel the production of any information that is relevant to monitoring compliance and perform checks, and have adequate financial, human and technical resources to perform their functions. Member States shall ensure that staff of those authorities maintain high professional standards, including standards of confidentiality and data protection, that they are of high integrity and are appropriately skilled. Member States shall ensure that staff of those authorities have sufficient rules and mechanisms in place to prevent and sanction situations of conflict of interest.
2016/12/19
Committee: ECONLIBE
Amendment 402 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Directive 2015/849/EU
Article 53 – paragraph 3
(ba) in Article 53, paragraph 3 is replaced by the following: 3. An FIU may refuse to exchange information only in exceptional circumstances where the exchange could be contrary to fundamental principles of its national law. Those exceptions shall be specified in a way which prevents misuse of, and undue limitations on, the free exchange of information for analytical purposes. When such exceptional circumstances are invoked, the requested FIU shall send a report to the Commission.
2016/12/19
Committee: ECONLIBE
Amendment 405 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Directive 2015/849/EU
Article 54 – paragraph 1 a (new)
(19a) in Article 54, the following paragraph is added: 1a. Member States shall ensure that FIUs designate at least one official to be responsible for receiving requests for information or mutual legal assistance from homologous entities in other Member States and ensuring that those requests are treated in a timely manner.
2016/12/19
Committee: ECONLIBE
Amendment 406 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 20 a (new)
Directive 2015/849/EU
Article 55 – paragraph 2 a (new)
(20a) the following paragraph 2 a is being inserted 2a. By 31 December 2017, the Commission shall submit a legislative proposal to the European Parliament and to the Council addressing the necessary and efficient coordination of the FIUs and to coordinate the fight against financial criminality at the EU level via a European FIU
2016/12/19
Committee: ECONLIBE
Amendment 414 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Directive 2015/849/EU
Article 58 – paragraph 4 a (new)
(21a) In Article 58, the following paragraph is inserted: 4a. Member States shall ensure that competent authorities and self-regulatory bodies inform the Commission when national laws hamper their supervisory and investigatory powers that are necessary for the exercise of their functions.
2016/12/19
Committee: ECONLIBE
Amendment 421 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21 b (new)
Directive 2015/849/EU
Article 61 – paragraph 1
(21b) in Article 61, paragraph 1 is replaced by the following: 1. Member States shall ensure that competent authorities and self-regulatory bodies establish effective and reliable mechanisms to encourage the reporting to competent authorities and self-regulatory bodies of potential or actual breaches of the national provisions transposing this Directive.
2016/12/19
Committee: ECONLIBE
Amendment 422 #

2016/0208(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 21 c (new)
Directive 2015/849/EU
Article 61 – paragraph 3 a (new)
(21c) in Article 61, the following paragraph 3a is added: 3a. Member States shall ensure that reporting to competent authorities and self-regulatory bodies receives proper and timely follow up and feedback.
2016/12/19
Committee: ECONLIBE
Amendment 25 #

2016/0182(COD)

Proposal for a regulation
Recital 7
(7) The evaluation of the pilot project and the subsequent preparatory action carried out in 2015 concluded that the policy objectives have been generally achieved. Finance Watch and Better Finance have been working on complementary policy areas and targeted different audiences. Together they have covered, through their activities, most of the Union financial political agenda since 2012. Both organizations have successfully worked, as much as their resources have allowed, to expand their activity in order to have wide geographical coverage within the EU.
2016/11/14
Committee: IMCO
Amendment 29 #

2016/0182(COD)

Proposal for a regulation
Recital 8
(8) Both organisations provided added value both to the sum of activities of their national members and to Union consumers in a way that national consumer advocacy groups were unable to deliver. National organisations dealing with all kinds of consumers' issues lack technical expertise in policy areas related to financial services and the related European policy-making process. In addition, no other similar organisations have been identified at Union level so far. The evaluation also showed that no other applicant responded to the successive yearly calls for proposal since 2012, which tends to shows that no other organisation is currently able to carry out similar Union- wide activities.
2016/11/14
Committee: IMCO
Amendment 30 #

2016/0182(COD)

Proposal for a regulation
Recital 9
(9) However, despite regular efforts, both organisations did not manage to attract stable and significant funding from other donors, independent from the financial industry, and, therefore, remain heavily dependent on Union funding. Co- funding from the Union is therefore necessary to ensure the resources needed to achieve the desired policy objectives in the coming years, providing financial stability to those organisations and their experts and administrative staff who have so far managed to start-up their relevant activities in a short period of time. It is therefore necessary to establish a Union programme for the period 2017-2020 to support the activities of Finance Watch and Better Finance ('Programme'). Financial stability is of key importance to preserve the expertise, as well as for project planning for both organizations.
2016/11/14
Committee: IMCO
Amendment 36 #

2016/0182(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point b
(b) awareness, research and dissemination activities, including to a wide audience of non-experts;
2016/11/14
Committee: IMCO
Amendment 46 #

2016/0182(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Finance Watch and Better Finance, as the only organizations able to carry out objectives set out in Article 2, shall be beneficiaries of the Programme (‘beneficiaries’).
2016/11/14
Committee: IMCO
Amendment 49 #

2016/0182(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. In order to benefit from the Programme, these beneficiaries shall remain non-governmental, non-profit- making legal entities, independent of industry, commerce or business. They shall have no other conflicting interests and represent through their members the interests of Union consumers and other end-users in the field of financial services. They should liaise with national consumer organisations working on financial services, where they exist and in line with their resources. The Commission shall ensure continued compliance with these criteria for the duration of the Programme by including them in the annual work programmes referred to in Article 7 and by assessing annually whether the beneficiaries meet these criteria before awarding the action grants referred to in Article 4.
2016/11/14
Committee: IMCO
Amendment 61 #

2016/0182(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. No later than twelve months before the end of the Programme, the Commission shall submit to the European Parliament and the Council an evaluation report on the achievement of the Programme's objectives. That report shall appraise the overall relevance and added value of the Programme, the effectiveness and efficiency of its execution, the adequacy of the funding against the tasks identified in this regulation and the overall and individual effectiveness of the beneficiaries' performance in terms of achievements of the objectives set out in Article 2.
2016/11/14
Committee: IMCO
Amendment 48 #

2016/0107(COD)

Proposal for a directive
Recital 2
(2) The European Parliament in its resolution of 16 December 2015 on bringing transparency, coordination and convergence to corporate tax policies in the Union18 acknowledged that increased transparency in the area of corporate taxation can improve tax collection, make the work of tax authorities more efficient, support policy-makers in assessing the current taxation system to develop future legislation and ensure increased public trust and confidence in tax systems and governments. __________________ 18 2015/2010(INL) 2015/2010(INL)
2017/03/21
Committee: ECONJURI
Amendment 55 #

2016/0107(COD)

Proposal for a directive
Recital 4 a (new)
(4a) The International Accounting Standards Board (IASB) should upgrade the relevant International Financial Reporting Standards (IFRS) and the International Accounting Standards (IAS) to ease the introduction of public country- by-country reporting requirements.
2017/03/21
Committee: ECONJURI
Amendment 59 #

2016/0107(COD)

Proposal for a directive
Recital 4 b (new)
(4b) Public country-by-country reporting has already been established in the European Union for the banking sector by Directive 2013/36/EU as well as for the extractive and logging industry by Directive 2013/34/EU.
2017/03/21
Committee: ECONJURI
Amendment 63 #

2016/0107(COD)

Proposal for a directive
Recital 4 c (new)
(4c) More transparency in financial disclosure results in a win-win situation as tax administrations will be more efficient, civil society more involved, employees better informed, investors less risk-averse and undertakings will benefit from better relations with these stakeholders, resulting in more stability, along with easier access to finance due to a clearer risk profile and an enhanced reputation.
2017/03/21
Committee: ECONJURI
Amendment 64 #

2016/0107(COD)

Proposal for a directive
Recital 4 d (new)
(4d) Public disclosure will increase the coherence of the EU development policy by helping third countries' tax administrations suffering from technical or financial weakness and difficulties to ensure an appropriate monitoring of the EU funding they receive.
2017/03/21
Committee: ECONJURI
Amendment 72 #

2016/0107(COD)

Proposal for a directive
Recital 5
(5) Enhanced public scrutiny of corporate income taxes borne by multinational undertakings carrying out activities in the Union is an essential element to further foster corporate social responsibility, to contribute to the welfare through taxes, to promote fairer tax competition within the Union through a better informed public debate and to restore public trust in the fairness of the national tax systems. Such public scrutiny can be achieved by means of a report on income tax information, irrespective of where the ultimate parent undertaking of the multinational group is established.
2017/03/21
Committee: ECONJURI
Amendment 74 #

2016/0107(COD)

Proposal for a directive
Recital 5 a (new)
(5a) The European Commission has defined corporate social responsibility (CSR) as the responsibility of enterprises for their impact on society. CSR should be company led. Public authorities can play a supporting role through a smart mix of voluntary policy measures and, where necessary, complementary regulation. Companies can become socially responsible either by following the law or by integrating social, environmental, ethical, consumer or human rights concerns into their business strategy and operations, or both.
2017/03/21
Committee: ECONJURI
Amendment 75 #

2016/0107(COD)

Proposal for a directive
Recital 5 b (new)
(5b) The public information provided under Article 48f is an important tool to enhance workers' rights to information and consultation. As stressed by Directive 2002/14/EC of the European Parliament and the Council, public corporate reporting strengthens dialogue and promotes mutual trust within undertakings in order to make employees aware of adaptation needs and promotes employee involvement in the operation and future of the undertaking leading to an increase of competitiveness. Public information on the recent and probable development of the undertaking's or the establishment's activities and economic situation is essential to engage in an informed dialogue within a company.
2017/03/21
Committee: ECONJURI
Amendment 77 #

2016/0107(COD)

Proposal for a directive
Recital 6
(6) The public should be able to scrutinise all the activities of a group when the group has certain establishments within the Union. For groups which carry out activities within the Union only through subsidiary undertakings or branches, subsidiaries and branches should publish and make accessible the report of the ultimate parent undertaking. However for reasons of proportionality and effectiveness, the obligation to publish and make accessible the report should be limited to medium-sized or large subsidiaries established and outside the Union. Multinational undertakings are operating worldwide and their corporate behaviour has a substantial impact on developing countries. Providing their citizens access to corporate country-by-country information would allow them and tax administrations in their countries to monitor, assess and/or hold those companies to account. By making the Union, or branches of a comparable size opened in a Member State. The scope of Directive 2013/34/information public for each tax jurisdictions where the multinational undertaking have operations, the EU shwould therefore be extended accordingly to branches opened in a Member State by an undertaking which is established outside the Unionincrease its policy coherence for development and limit potential tax avoidance schemes in countries where domestic resources mobilization has been identified as a key component of the EU development policy.
2017/03/21
Committee: ECONJURI
Amendment 103 #

2016/0107(COD)

Proposal for a directive
Recital 11 a (new)
(11a) Trade unions and employees of multinational undertakings should be regularly and duly informed of the situation of the undertaking, including the number of employees employed on a full-time equivalent basis, the amount of profit made and of income tax paid, and the objectives and future investment plan of the undertaking. This should be in addition to the requirements set out in Directive 2002/14/EC.
2017/03/21
Committee: ECONJURI
Amendment 239 #

2016/0107(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 d – paragraph 1a (new)
1a. The report shall be made available in at least one foreign language of large audience to ensure that public monitoring is not restricted by any linguistic barrier.
2017/03/21
Committee: ECONJURI
Amendment 264 #

2016/0107(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Chapter 10 a – Article 48 i a (new)
Article 48ia Common template for the report The Commission shall, by means of implementing acts, lay down the common template to which Article 48b(1), (3), (4) and (6) and Article 48c(5) refer. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 50(2). In addition, the Commission shall publish on its website a freely accessible guide book explaining each elements of Article 48c(2) to provide citizens with basic knowledge to understand and interpret these figures.
2017/03/21
Committee: ECONJURI
Amendment 269 #

2016/0107(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2013/34/EU
Article 51 – paragraph 1
Member States shall provide for(3a) in Article 51, paragraph 1 is replaced by the following: Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted in accordance withpursuant to this Directive and shall take all the measures necessary to ensure that those penalties are enforcey are implemented. The penalties provided for shallmust be effective, proportionate and dissuasive and shall at least include administrative fines, exclusions from public call for tenders and from the award of funding from the Union's Structural Funds. Member States shall notify those provisions to the Commission at the latest by [date for transposition] and shall notify it without delay of any subsequent amendment affecting them.’
2017/03/21
Committee: ECONJURI
Amendment 77 #

2016/0014(COD)

Proposal for a regulation
Recital 10
(10) The need for control and monitoring of technical services by the designating authorities and a European Authority has increased since technical progress has raised the risk that technical services do not possess the necessary competence to test new technologies or devices emerging within their scope of designation. As technical progress shortens product cycles and as the intervals of surveillance on-site assessments and of the monitoring vary between designating authorities, minimum requirements with regard to the intervals of the surveillance and monitoring of the technical services should be established.
2016/09/20
Committee: TRAN
Amendment 229 #

2016/0014(COD)

Proposal for a regulation
Article 12 – paragraph 2
2. Where the vehicle, system, component, separate technical unit, part or equipment presents a seriousny kind of risk, the manufacturer shall immediately provide detailed information on the non-conformity and on any measures taken to the approval and market surveillance authorities of the Member States in which the vehicle, system, component, separate technical unit, part or equipment has been made available on the market or has entered into service to that effect.
2016/09/20
Committee: TRAN
Amendment 236 #

2016/0014(COD)

Proposal for a regulation
Article 17 – title
Obligations of distributors concerning their vehicles, systems, components or separate technical units that are not in conformity or concerning their vehicles, systems, components, separate technical units, parts or equipment that present a seriousny kind of risk
2016/09/20
Committee: TRAN
Amendment 58 #

2016/0011(CNS)

Proposal for a directive
Recital 4 a (new)
(4a) It is essential to give tax authorities appropriate means to fight effectively against tax base erosion and profit shifting, and in doing so improve transparency in respect of the activities of large multinationals, in particular with regard to profits, tax paid on profits, subsidies received, tax rebates, number of employees and assets held.
2016/04/18
Committee: ECON
Amendment 91 #

2016/0011(CNS)

Proposal for a directive
Recital 10
(10) Controlled Foreign Company (CFC) rules have the effect of re-attributing the income of a low-taxed controlled subsidiary to its parent company. Then, the parent company becomes taxable to this attributed income in the State where it is resident for tax purposes. Depending on the policy priorities of that State, CFC rules may target an entire low-taxed subsidiary or be limited to income which has artificially been diverted to the subsidiary. It is desirable to address situations both in third countries and in the Union. To comply with the fundamental freedoms, the impact of the rules within the Union should be limited to arrangements which result in the artificial shifting of profits out of the Member State of the parent company towards the CFC. In this case, the amounts of income attributed to the parent company should be adjusted by reference to the arm’s length principle, so that the State of the parent company only taxes amounts of CFC income to the extent that they do not comply with this principle. CFC rules should exclude financial undertakings from their scope where those are tax resident in the Union, including permanent establishments of such undertakings situated in the Union. This is because the scope for a legitimate application of CFC rules within the Union should be limited to artificial situations without economic substance, which would imply that the heavily regulated financial and insurance sectors would be unlikely to be captured by those rules and improper tax practices such as captive reinsurance.
2016/04/18
Committee: ECON
Amendment 178 #

2016/0011(CNS)

Proposal for a directive
Article 6 – paragraph 1
1. Member States shall not exempt a taxpayer from tax on foreign income which the taxpayer received as a profit distribution from an entity in a third country or in another Member State or as proceeds from the disposal of shares held in an entity in a third country or in another Member State or as income from a permanent establishment situated in a third country or in another Member State where the entity or the permanent establishment is subject, in the entity’s country of residence or the country in which the permanent establishment is situated, to a tax on profits at a statutoryn effective corporate tax rate lower than 40 percent of the statutory tax rate that would have been charged under the applicable corporate tax system in the Member State of the taxpayerof 25 percent. That rate shall be assessed on the basis of the profit before implementation of the operations introduced by these countries to reduce the tax base subject to the rate. That rate shall be revised each year in line with economic developments in world trade. In those circumstances, the taxpayer shall be subject to tax on the foreign income with a deduction of the tax paid in the third country from its tax liability in its state of residence for tax purposes. The deduction shall not exceed the amount of tax, as computed before the deduction, which is attributable to the income that may be taxed.
2016/04/18
Committee: ECON
Amendment 194 #

2016/0011(CNS)

Proposal for a directive
Article 7 – paragraph 3
3. Where arrangements or a series thereof are ignored in accordance with paragraph 1, the tax liability shall be calculated by reference to economic substance in accordance with national lawArticle 2.
2016/04/18
Committee: ECON
Amendment 204 #

2016/0011(CNS)

Proposal for a directive
Article 8 – paragraph 1 – point b
(b) under the general regime in the country of the entity, profits are subject to an effective corporate tax rate lower than 40 percent of the effective tax rate that would have been charged under the applicable corpoof 25 percent; that rate shall be assessed on the basis of the profit before implementation of the operations introduced by these countries to reduce the tax base subject to the rate; tax system in the Member State of the taxpayerhat rate shall be revised each year in line with economic developments in world trade;
2016/04/18
Committee: ECON
Amendment 213 #

2016/0011(CNS)

Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Member States shall not apply paragraph 1 where an entity is tax resident in a Member State or in a third country that is party to the EEA Agreement or in respect of a permanent establishment of a third country entity which is situated in a Member State, unless the establishment of the entity is wholly artificial or to the extent that the entity engages, in the course of its activity, in non-genuine arrangements which have been put in place for the essential purpose of obtaining a tax advantage. Furthermore, a company insurer may not reinsure through one of its own subsidiaries.
2016/04/18
Committee: ECON
Amendment 12 #

2016/0010(CNS)

Proposal for a directive
Recital 2
(2) As Multi National Enterprise (MNE) Groups are active in different countries, they have the possibility of engaging in aggressive tax planning practices that are not available for domestic companies. When MNEs do so, purely domestic companies, normally small and medium- sized enterprises (SMEs) may be particularly affected as their tax burden is higher than that of MNE Groupsy pay an effective rate of tax that is much closer to statutory rates than MNEs, resulting in distortions to, and malfunctions of, the internal market. On the other hand, all Member States may suffer revenue losses and there is the risk of competition to attract MNE Groups by offering them further tax benefits. There is therefore a problem for the proper functioning of the Internal Market.
2016/03/22
Committee: ECON
Amendment 26 #

2016/0010(CNS)

Proposal for a directive
Recital 4
(4) Increased transparency towards tax authorities could have the effect of giving MNE Groups an incentive to abandon certain practices and pay their fair share of tax in the country where profits are made. It would also increase the 'peer pressure' between Member States and would focus the attention of financial markets on the fiscal accountability of MNEs. Enhancing transparency for MNE Groups is therefore an essential part of tackling base erosion and profit shifting.
2016/03/22
Committee: ECON
Amendment 31 #

2016/0010(CNS)

Proposal for a directive
Recital 4 b (new)
(4b) When extending the automatic exchange of information at Union and global levels, due regard should be had to the European Parliament report on the proposal for a directive of the European Parliament and of the Council amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement and Directive 2013/34/EU as regards certain elements of the corporate governance statement.
2016/03/22
Committee: ECON
Amendment 32 #

2016/0010(CNS)

Proposal for a directive
Recital 4 c (new)
(4c) Due regard should also be had to the European Parliament resolution of 25 November 2015 on tax rulings and other measures similar in nature or effect.
2016/03/22
Committee: ECON
Amendment 33 #

2016/0010(CNS)

Proposal for a directive
Recital 4 d (new)
(4d) When extending the automatic exchange of information at Union and global levels, due regard should also be had to the European Parliament resolution of 16 December 2015 with recommendations to the Commission on bringing transparency, coordination and convergence to corporate tax policies in the Union.
2016/03/22
Committee: ECON
Amendment 38 #

2016/0010(CNS)

Proposal for a directive
Recital 6
(6) In the country-by-country report, MNEs Groups should provide annually and for each tax jurisdiction in which they do business the amount of revenue, profit before income tax and income tax paid and accrued, but also public subsidies received, the value of assets and annual cost of maintaining them, and sales and purchases. MNE Groups should also report number of their employees, stated capital, retained earnings and tangible assets in each tax jurisdiction. Finally, MNE Groups should identify each entity within the group doing business in a particular tax jurisdiction and should provide an indication of the business activities each entity engages in.
2016/03/22
Committee: ECON
Amendment 39 #

2016/0010(CNS)

Proposal for a directive
Recital 7
(7) In order to enhance the efficient use of public resources and reduce the administrative burden for MNE Groups, the reporting obligation should only apply to MNE Groups with annual consolidated group revenue exceeding a certain amountEUR 40 million, in line with the definition of a large undertaking in Directive 2013/34/EU of the European Parliament and of the Council on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, and consistent with the proposed country-by-country reporting in the revision of Directive 2007/36/EC. The Directive should ensure that the same information is collected and made available to tax administrations in a timely manner throughout the EU.
2016/03/22
Committee: ECON
Amendment 47 #

2016/0010(CNS)

Proposal for a directive
Recital 9 a (new)
(9a) Member States should ensure that they maintain or increase the level of human, technical and financial resources dedicated to the automatic exchange of information and data processing within tax administrations.
2016/03/22
Committee: ECON
Amendment 54 #

2016/0010(CNS)

Proposal for a directive
Recital 12
(12) TIn the absence of a Union definition of permanent establishment, the mandatory automatic exchange of country- by-country reports between Member States should in each case include the communication of a defined set of basic information that would be accessible to thoseall Member States in which, on the basis of the information in the country- by-country report, one or more entities of the MNE Group are either resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishment of an MNE Group.
2016/03/22
Committee: ECON
Amendment 63 #

2016/0010(CNS)

Proposal for a directive
Recital 14 a (new)
(14a) In the event that a Member State determines that another Member State persistently fails to automatically provide country-by-country reports, it should in the first instance consult that Member State and, if that does not lead to resolution of the problem, it should report that Member State to the Commission and an appropriate penalty should be imposed.
2016/03/22
Committee: ECON
Amendment 68 #

2016/0010(CNS)

Proposal for a directive
Recital 15 a (new)
(15a) This Directive is a crucial step in going beyond the OECD BEPS Action Plan, as recalled by the European Parliament in its recommendations to the Commission in order to promote transparency, coordination and convergence to corporate tax policies in the Union. In particular, it is to be considered as the first move towards the implementation of a public country-by- country reporting for MNE Groups, such as the European Parliament has referred to on several occasions, through its reports on Directive 2007/36/EC, the report of the TAXE special committee and the European Parliament’s resolution of 16 December 2015 with recommendations to the Commission on bringing transparency, coordination and convergence to corporate tax policies in the Union.
2016/03/22
Committee: ECON
Amendment 94 #

2016/0010(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/16/EU
Article 8aa – paragraph 2
2. The competent authority of a Member State where the Country-by-Country Report was received pursuant to paragraph 1 shall, by means of automatic exchange, communicate the report to any otherll Member State in which, on the basis of the information in the country-by-country report, one or more Constituent Entities of the MNE Group of the Reporting Entity are either resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishment within the deadline laid down in paragraph 4s. The competent authority of the Member State must communicate the country-by-country report to the Commission, which is responsible for the centralised register of country-by-country reports, available to its competent services.
2016/03/22
Committee: ECON
Amendment 96 #

2016/0010(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/16/EU
Article 8aa – paragraph 2 a new
2a. The competent authority of a Member State to which the country-by-country report was sent pursuant to paragraph 1 shall, within 24 months after the end of the reporting fiscal year, communicate the report to any state belonging to the category of least developed countries (as defined by the United Nations), in which, on the basis of information contained in the statement by country, one or more constituent entities of multinational enterprises are resident for tax purposes, or are subject to tax with respect to the business carried out through a permanent establishment.
2016/03/22
Committee: ECON
Amendment 98 #

2016/0010(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/16/EU
Article 8aa – paragraph 3 – point a
(a) aggregate information relating to the amount of revenue, profit (loss) before income tax, income tax paid, income tax accrued, stated capital, accumulated earnings, number of employees, and tangible assets other than cash or cash equivalents with regard to each jurisdiction in which the MNE Group operates, public subsidies received, the value of assets and annual cost of maintaining them, and sales and purchases;
2016/03/22
Committee: ECON
Amendment 99 #

2016/0010(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2011/16/UE
Article 8aa – paragraph 3 – point b a (new)
(ba) the future European tax identification number (TIN) referred to in the Commission's 2012 Action Plan to strengthen the fight against fraud and tax evasion.
2016/03/22
Committee: ECON
Amendment 103 #

2016/0010(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 2
4a. In order to enhance transparency for citizens, the Commission shall publish the country-by-country reports, based on the information contained in the centralised register of country-by-country reports. In doing so, the Commission shall comply with the provisions of Article 23a on confidentiality.
2016/03/22
Committee: ECON
Amendment 104 #

2016/0010(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 2011/16/UE
Article 17 – paragraph 4
(2a) Article 17(4) is deleted;
2016/03/22
Committee: ECON
Amendment 133 #

2016/0010(CNS)

Proposal for a directive
Annex – Annex III – Section I – paragraph 4
4. "Excluded MNE Group" means, with respect to any Fiscal Year of the Group, a Group having total consolidated group revenue of less than EUR 750 000 000 or an amount in local currency approximately equivalent to EUR 750 000 000 as of January 2015 during the Fiscal Year immediately preceding the Reporting Fiscal Year as reflected in its Consolidated Financial Statements for such preceding Fiscwhich does not qualify as a large undertaking as defined in Article 3(4) of Directive 2013/34/EU of the European Parliament and of the Council, meaning an undertaking which on its balance sheet dates exceeds at least two of the three following thresholds: (a) balance sheet total: EUR 20 000 000; (b) net turnover: EUR 40 000 000; (c) average number of employees during the financial Yyear: 250.
2016/03/22
Committee: ECON
Amendment 138 #

2016/0010(CNS)

Proposal for a directive
Annex – Annex III – Section II – paragraph 1 – point b – point i
i. the Ultimate Parent Entity of the MNE Group is not obligated to file a country- by-country report in its jurisdiction of tax residence;deleted
2016/03/22
Committee: ECON
Amendment 141 #

2016/0010(CNS)

Proposal for a directive
Annex – Annex III – Section II – paragraph 2
2. By derogation from point 1, when one or more of the conditions set out in point b of point 1 apply, an entity described in point 1 shall not be required to file a country-by-country report with respect to any Reporting Fiscal Year if the MNE Group of which it is a Constituent Entity has made available a country-by-country report in accordance with Article 8aa(3) with respect to such Fiscal Year through a Surrogate Parent Entity that files that country-by-country report with the tax authority of its jurisdiction of tax residence on or before the date specified in Article 8aa(1) and that, in case the Surrogate Parent Entity is tax resident in a jurisdiction outside the Union, satisfies the following conditions: a) the jurisdiction of tax residence of the Surrogate Parent Entity requires filing of country-by-country reports conforming to the requirements of Article 8aa(3); b) the jurisdiction of tax residence of the Surrogate Parent Entity has a Qualifying Competent Authority Agreement in effect to which the Member State is a party by the time specified in Article 8aa(1) for filing the country-by-country report for the Reporting Fiscal Year; c) the jurisdiction of tax residence of the Surrogate Parent Entity has not notified the Member State of a Systemic Failure; d) the jurisdiction of tax residence of the Surrogate Parent Entity has been notified in accordance with point 3 by the Constituent Entity resident for tax purposes in its jurisdiction that it is the Surrogate Parent Entity; e) a notification has been provided to the Member State in accordance with point 4.deleted
2016/03/22
Committee: ECON
Amendment 35 #

2015/2349(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Welcomes the Commission´s Communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on 'A European agenda for collaborative economy'; calls on the Commission to draw up simple and fair legislation for sharing economy, covering employment, consumer protection, competition and taxation issues;
2016/06/16
Committee: TRAN
Amendment 44 #

2015/2349(INI)

Motion for a resolution
Paragraph 3
3. Stresses that the legal uncertainty as to the definition of ‘service providers’ in the transport sector prevents the establishment of fair competition, and regrets, that being so, the difficulties experienced by many small businesses in accessing the market and offering new services; stresses the fact that the above hamper the access of SMEs to this sector;
2016/06/16
Committee: TRAN
Amendment 70 #

2015/2349(INI)

Motion for a resolution
Paragraph 5
5. Notes that small transport firms need to invest not only to comply with the law but also to remain competitive in relation to big companies; deplores that, on one hand, their access to credit and funding on the money markets remains limited in spite of quantitative easing measures, while, on the other hand, aid from the public purse, particularly at European level, is rarely forthcoming, owing to overly complex and long-winded administrative procedures;
2016/06/16
Committee: TRAN
Amendment 91 #

2015/2349(INI)

Motion for a resolution
Paragraph 7
7. Notes that the development of collaborative business models permits the optimisation of vehicle and infrastructure use, which while it contributes to meeting these objectives is not a sufficient solution in itself; notes that the growing exploitation of user-generated data could eventually result in the added value created in the transport chain ending in the hands of digital operators, which could have an adverse effect both on the fair distribution of profits and on participation in infrastructure investment, which takes place in the real world, all of which has a direct impact on SMEs;
2016/06/16
Committee: TRAN
Amendment 147 #

2015/2349(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission and the Member States to do more to combat anti- competitive practices by large integrated groups in order to ensure fair access to the market, regardless of the size of enterprises;
2016/06/16
Committee: TRAN
Amendment 12 #

2015/2347(INI)

Motion for a resolution
Recital C
C. whereas intensifying work on projects such as the Via Carpatia and Rail Baltica would provide an important stimulus for improving the connectivity and accessibility of the transport infrastructure in this part of the EU, even if, before creating new infrastructures, the EU should massively invest in modernizing and completing current transport infrastructures;
2016/06/08
Committee: TRAN
Amendment 25 #

2015/2347(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Stresses the need to improve connectivity and accessibility of the transport infrastructure so as to develop the tourism industry in the EU;
2016/06/08
Committee: TRAN
Amendment 38 #

2015/2347(INI)

Motion for a resolution
Paragraph 3
3. Considers that macro-regional EU strategies, such as those already established for the Baltic, Danube and Adriatic-Ionian regions and a possible future strategy for the Carpathian region, offer an innovative governance framework for tackling transport policy challenges which cannot be solved by Member States alone so as to ensure better transport conditions and adequate consumer protection;
2016/06/08
Committee: TRAN
Amendment 46 #

2015/2347(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Stresses the importance of EFSI in developing transport infrastructure projects of all types; stresses that most infrastructure projects financed by EFSI are found in Western Europe;
2016/06/08
Committee: TRAN
Amendment 53 #

2015/2347(INI)

Motion for a resolution
Paragraph 6
6. Points out that enhancing the coherence of the economic development of the Member States in the western, central and eastern parts of the EU requires large investments; underlines that the coordination required at European level must take account of the specific challenges in the Member States and the differences in their economies, social security systems and, traditions and infrastructure quality;
2016/06/08
Committee: TRAN
Amendment 55 #

2015/2347(INI)

Motion for a resolution
Paragraph 7
7. Invites the Member States and the Commission to ensure synergies in funding under the Connecting Europe Facility, the European Structural and Investment Funds and instruments of the EIB and EBRD when implementing transport infrastructure projects in the central and eastern EU; recalls the need todeplores the low level of use of the means ofresources from the European Fund for Strategic Investments in a timely manner to advance such projects in the short termcohesion countries;
2016/06/08
Committee: TRAN
Amendment 63 #

2015/2347(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Considers that the taking of strategic positions by third countries investors in the transport infrastructures sector in Eastern and Central Europe is a growing but concerning phenomenon, especially since local authorities don't always make full use of available European resources;
2016/06/08
Committee: TRAN
Amendment 72 #

2015/2347(INI)

Motion for a resolution
Paragraph 8
8. Stresses that, following efforts to build up east-west transport infrastructure corridors, there is a need to boost the development of north-south transport corridors within the European TEN-T network, which can contribute to the economic development of the participating countries by creating new opportunities for employment in SMEs, trade exchange, science, research and technologies as well as to enhance driving safety and reduced transport costs;
2016/06/08
Committee: TRAN
Amendment 87 #

2015/2347(INI)

Motion for a resolution
Paragraph 10
10. Believes that improvements to the transport infrastructure in the central and eastern EU are an important tool in strengthening the stability and security of the Union’s eastern border and in the Western Balkans and to standardize transport conditions in the internal market;
2016/06/08
Committee: TRAN
Amendment 91 #

2015/2347(INI)

Motion for a resolution
Paragraph 11
11. Stresses the importance of the Schengen system for an efficient transport system in the EU based on the free movement of goods and persons across open internal borders; Stresses the importance of including all EU countries in the Schengen area;
2016/06/08
Committee: TRAN
Amendment 116 #

2015/2347(INI)

Motion for a resolution
Paragraph 14
14. Calls on the Commission and the Member States to address the urgent need to enhance the road infrastructure network along the eastern border of the EU, starting in Estonia, passing through Latvia, Lithuania, Poland, Slovakia, Hungary, Romania and Bulgaria and ending in Greece; considers that such efforts should build on the long-standing planning done already under the Via Carpatia project; believes that the possibility of opening the Rhine-Danube corridor to the north of the EU through the Via Carpatia should be exploited; believes that Via Carpatia should receive a proper budget allocation;
2016/06/08
Committee: TRAN
Amendment 123 #

2015/2347(INI)

Motion for a resolution
Paragraph 15
15. Reiterates that the quality of road infrastructure has a direct impact on road safety; is concerned that road fatalities remain relatively high in many central and eastern Member States; underlines that measures to improve road safety should be further promoted at Member State and EU level; Considers that appropriate funding should be provided for infrastructure rehabilitation projects in Central and Eastern European Member States;
2016/06/08
Committee: TRAN
Amendment 145 #

2015/2347(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Regrets that travel times between the main cities in Eastern and Central Europe are still inordinately long, which undermines railway competitiveness;
2016/06/08
Committee: TRAN
Amendment 147 #

2015/2347(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Calls on the Commission to rethink the EFSI investment criteria, taking into account the need for rehabilitation of railway infrastructure in some member states;
2016/06/08
Committee: TRAN
Amendment 155 #

2015/2347(INI)

Motion for a resolution
Paragraph 18 a (new)
18a. Notes that there are many sources of funding available for the railway sector from various EU programs. Believes that the uptake and effective use of these funding sources are essential due to the fact that financial constraints put severe restrictions on the amount of public money that national governments are able to invest in railways;
2016/06/08
Committee: TRAN
Amendment 172 #

2015/2347(INI)

Motion for a resolution
Paragraph 21
21. Underscores the role of the Danube River as the key transport waterway in the Danube macro-region; invites the riparian states to ensure the continuous navigability of the river and to implement their master plan for fairway rehabilitation and maintenance endorsed in 2014, this leads to the creation of more jobs and development of SME´s;
2016/06/08
Committee: TRAN
Amendment 178 #

2015/2347(INI)

Motion for a resolution
Paragraph 23
23. Underlines the potential for further developing attractive shipping to ports in the Baltic, Adriatic and Black Seas in the context of the ‘Motorways of the Sea’ concept; highlights the importance of expanding capacities in the energy sector and of ensuring efficient railway connections to port hinterlands;
2016/06/08
Committee: TRAN
Amendment 181 #

2015/2347(INI)

Motion for a resolution
Paragraph 24
24. Points out that port development in the Baltic, Adriatic and Black Seas must not be impeded by other undersea infrastructure; is concerned that pursuits on projects such as the North Stream may undermine and block investment in the region; insists that any undersea pipelines must respect draught requirements at port entrances;
2016/06/08
Committee: TRAN
Amendment 190 #

2015/2347(INI)

Motion for a resolution
Paragraph 26
26. Recognises the diverse roles of regional and local airports in the development of regions in the central and eastern EU and in facilitating trade, inclusive mobility and tourism access; maintains that for any new facilities, traffic demand and potential must be duly assessed and use of EU funds strictly limited to economically viable projects; Considers it necessary that more flight connections should be established between European cities;
2016/06/08
Committee: TRAN
Amendment 198 #

2015/2347(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Calls on the Commission to examine air connectivity in Member States and within Member states and to establish measures to improve air transport services in terms of quality of services for consumers;
2016/06/08
Committee: TRAN
Amendment 293 #

2015/2344(INI)

Motion for a resolution
Paragraph 14
14. Takes the view that incentives for sound fiscal policymaking and for addressing structural weaknesses at national level, taking into account the aggregate euro area fiscal stance and ensuring, that all Eurozone countries contribute to macroeconomic adjustment towards real convergence, including those who have greater fiscal space to be used to the benefit of the monetary union as a whole, are core elements for the functioning of the euro area; considers that beyond a proper use of the MIP between deficit and surplus countries, a fiscal capacity should, moreover, address specific concerns for the euro area in the case of absorbing shocks;
2016/06/09
Committee: BUDGECON
Amendment 437 #

2015/2344(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Considers that the fiscal capacity for the euro area should be funded by own resources of the EMU, including revenues from a financial transaction tax, and new financing instruments as Eurobonds;
2016/06/09
Committee: BUDGECON
Amendment 441 #

2015/2344(INI)

Motion for a resolution
Paragraph 21 b (new)
21b. Stresses that a euro area fiscal capacity should be complemented by a long term strategy for debt sustainability and reduction of eurozone countries, including partial pooling and common management of sovereign debt, which would bring down overall re-financing costs and debt/GDP ratios to give more margin for growth enhancing policies and investment;
2016/06/09
Committee: BUDGECON
Amendment 488 #

2015/2344(INI)

Motion for a resolution
Paragraph 24 a (new)
24a. Considers that structural reforms should be ecologically and socially balanced and aim at strengthening growth potential towards a fully sustainable new growth model, promoting fair and sustainable welfare systems and reducing social inequalities;
2016/06/09
Committee: BUDGECON
Amendment 555 #

2015/2344(INI)

Motion for a resolution
Paragraph 26 – indent 3 – paragraph 1
– investment, notably in research and development;, healthcare and education,
2016/06/09
Committee: BUDGECON
Amendment 557 #

2015/2344(INI)

Motion for a resolution
Paragraph 26 – indent 3 – paragraph 1 a (new)
– Social cohesion, including EMU- wide minimum social standards;
2016/06/09
Committee: BUDGECON
Amendment 13 #

2015/2340(INI)

Draft opinion
Paragraph 1
1. Insists on the need for the EU to enhance police and judicial cooperation between Member States and with third countries in the prevention, the investigation and prosecution of trafficking in human beings (THB), in particular via Europol and Eurojust, including information sharing, participation in Joint Investigation Teams and in combating recruitment of people for THB through the internet and other digital means; encourages greater cooperation between Europol and Interpol in the fight against trafficking in human beings;
2016/04/06
Committee: LIBE
Amendment 19 #

2015/2340(INI)

Draft opinion
Paragraph 1 b (new)
1b. Believes that trafficking in human beings, as a serious crime which constitutes one of the worst forms of human rights violations, has to be understood in a holistic manner, focusing not only on sexual exploitation, but also - in particular- on forced labour, organ trafficking, forced begging, forced marriages, child soldiers or trafficking of babies;
2016/04/06
Committee: LIBE
Amendment 42 #

2015/2340(INI)

Draft opinion
Paragraph 4 a (new)
4a. Expresses concern that according to Europol at least 10 000 unaccompanied child refugees have vanished after arriving in Europe and having been registered by state authorities, that many are feared to have fallen into the hands of criminal groups, and that there is little information about what happens after their disappearance; deplores that children at risk are frequently treated as offenders or irregular migrants by law enforcement officials who do not systematically look for indicators of human trafficking to identify victims;
2016/04/06
Committee: LIBE
Amendment 45 #

2015/2340(INI)

Draft opinion
Paragraph 4 b (new)
4b. Believes that it is essential as regards unaccompanied minors to achieve a better and more proactive identification of children victims of trafficking, in particular at border crossings and in reception centres, as well as a stronger multi-disciplinary cooperation to ensure the best interests of the child are effectively protected; underlines that it is also imperative to promptly appoint legal guardians to all unaccompanied children and to ensure that the latter are properly trained; recalls that, according to the Directive 2011/36/EU, "Member States shall take the necessary measures with a view to finding a durable solution based on an individual assessment of the best interests of the child"; believes a durable solution can be found through integration of the child into her or his host society, or facilitation of family reunification in order to enable the child to join her or his family in another Member State;
2016/04/06
Committee: LIBE
Amendment 48 #

2015/2340(INI)

Draft opinion
Paragraph 4 e (new)
4e. Stresses that no possible consent to perform labour or services should ever be considered valid for a trafficked child, and that there can be no valid consent in a situation where a third country national is taken away from her or his country to go into the EU (or when a EU national is taken away to another Member State) for the purposes of prostitution, any other form of sexual exploitation or forced labour;
2016/04/06
Committee: LIBE
Amendment 49 #

2015/2340(INI)

Draft opinion
Paragraph 4 f (new)
4f. Calls on Member States to fully and properly implement article 8 of Directive 2011/36/EU; recalls that victims of trafficking shouldn't be criminalised and held responsible for criminal activities they were forced to take part in, in particular in case of prostitution, any other form of sexual exploitation or forced labour;
2016/04/06
Committee: LIBE
Amendment 17 #

2015/2326(INI)

Draft opinion
Paragraph 2
2. Notes with concern that 11 directives in the area of banking and finance legislation are being infringed by one or more Member States, with Germany being the only country to comply with all existing legislation in this field, and Austria the only other Member State with fewer than three infringements1 ; __________________ 1 Particularly worrying are the cases of Poland (10 infringements), Luxembourg (9) and Slovenia, Spain and Estonia (8 each).;
2016/03/31
Committee: ECON
Amendment 25 #

2015/2326(INI)

Draft opinion
Paragraph 4
4. Recalls that non-compliance with the Maastricht criteria, and the lenient enforcement of the Stability and Growth Pact rules by the Commission and the Council before 2010, contribufollowing the global financial crisis which led to a European debt crisis, the EU has further strengthened its economic coordination and banking supervision; stresses the importance of completing the Banking Union, deepening the EMU and creating a CMU that finances the real economy and growth in Europe; invites all Member Stateds to the emergence of the European debt crisis that followed the global financial crisismake full use of flexibility within the existing rules of the Stability and Growth Pact as per Commission's Communication COM (0215)12;
2016/03/31
Committee: ECON
Amendment 71 #

2015/2326(INI)

Draft opinion
Paragraph 10 b (new)
10b. Welcomes the Commission's efforts to improve access to information on the application of the Union Law. Encourages further efforts to enhance transparency;
2016/03/31
Committee: ECON
Amendment 154 #

2015/2285(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Calls for neutralisation in the calculation of debt and deficit in public investment carried out by Member States’ public operators which prevents Member States from paying their co-financing share to the structural funds (in particular the European Regional Development Fund, the European Social Fund and the Youth Employment Initiative) and thus using these funds to escape from the economic crisis and re- launch growth and employment;
2016/01/12
Committee: ECON
Amendment 261 #

2015/2285(INI)

Motion for a resolution
Paragraph 16
16. Calls for a greater shift of taxation away from labourbalance between labour and capital taxation;
2016/01/12
Committee: ECON
Amendment 34 #

2015/2258(INI)

Draft opinion
Paragraph 4 a (new)
4a. Calls on Member States and the European Institutions to promote opportunities for people with disabilities to vote and stand for election, with reference both to the right to vote and to the right of access to polls or appropriate information;
2016/04/08
Committee: LIBE
Amendment 46 #

2015/2258(INI)

Draft opinion
Paragraph 6
6. Recognises that vulnerable members of society are further marginalised if they have a disability; stresses in this context the impact of austerity policies on the everyday lives and rights of people with disabilities, particularly with regard to access to employment and public investment, and calls for this to be duly taken into account in the work carried out in connection with the European Semester; considers that the EU should redouble its efforts to fully accommodate the provision of rights and services for all people in its care, including stateless people, homeless people, refugees and asylum seekers;
2016/04/08
Committee: LIBE
Amendment 52 #

2015/2258(INI)

Draft opinion
Paragraph 6 b (new)
6b. Calls on the Union Institutions to organise and support information campaigns both on the rights of persons with disabilities and on their diversity, skills and talents;
2016/04/08
Committee: LIBE
Amendment 123 #

2015/2210(INI)

Motion for a resolution
Paragraph 7
7. Welcomes the entry into force of the regulation on the European Fund for Strategic Investment (EFSI), aimed at boosting private investment in the EU, and calls on all relevant stakeholders to ensure its swift and effective implementation;
2015/09/11
Committee: ECON
Amendment 126 #

2015/2210(INI)

Motion for a resolution
Paragraph 8
8. Notes that further fiscal consolidation is still needed in many Member States in order to comply with the conditions of the Stability and Growth Pact (SGP); notes the Commission's interpretative communication on flexibility in the SGP, aimed at clarifying the scope of the investment clause and allowing for a certain degree of temporary flexibility in the preventive arm of the SGP; sk for extension of the scope including on the establishment of a favourable climate for the development of public- sector investment; wishes in particular the neutralisation in calculations of the debt and deficits of public-sector investments made by public-sector operators of the Member States, in particular in view of the impact of the new accounting standards ESA2010 on the investment capacity of some public authorities;
2015/09/11
Committee: ECON
Amendment 164 #

2015/2210(INI)

Motion for a resolution
Paragraph 11
11. Underlines the need to improve the EU's business environment as well as to raise productivity levels; stressReiterates the importance of sound business regulation for the success of the EFSI; calls, therefore, for the removal of administrative barriers, cutting red tape andensuring a quality workforce within the EU and ensuring full respect for the right to health and safety at work; recalls also the urgent need to adapt legislation concerning the posting of workers in order to put an end to the unacceptable practice of social dumping within the Union; calls, therefore, reform of Member States' tax systems;
2015/09/11
Committee: ECON
Amendment 219 #

2015/2210(INI)

Motion for a resolution
Paragraph 15
15. Stresses the role of flexible labour markets in combatting unemployment, in particular the negative impact on job creation rates of rigid rules on dismissal, excessive minimum wage levels and lengthy labour disputes; calls for a shift away from labour taxes to other sources of taxation;importance to preserve the quality workforce; Ask for a real plan to combat unemployment; calls for a better repartition of taxation between labour, consumption and capital.
2015/09/11
Committee: ECON
Amendment 5 #

2015/2127(INI)

Draft opinion
Paragraph 1
1. Takes note of the 2014 EIB Annualctivity Report and the increase by 6.92% to EUR 80.3 billion in the EIB Group’s lending; is very concerned at the increasingbout still very high unemployment, inequality and poverty levels, as well as weak investment in Europe and the continuous uncertainty in the financial markets, also in view of a worsening global economic outlook;
2015/11/06
Committee: ECON
Amendment 18 #

2015/2127(INI)

Draft opinion
Paragraph 2
2. Regrets that overall EU investment in 2013 decreased by 13% compared with the pre- crisis period with investment in some countries decreasing 25% and even by as much as 60% in others, creating a dangerous investment imbalance in the EU; is of the opinion that this constitutes a major challenge for the EIB Group and will require extraordinary efforts from its side for the years to come, as part of an overall EU effort to implement a renewed long-term strategy for sustainable, convergent and inclusive growth;
2015/11/06
Committee: ECON
Amendment 27 #

2015/2127(INI)

Draft opinion
Paragraph 3
3. Notes the urgent need for an increase in EIB lending activityGroup investment activity, including innovative financial instruments with greater additional risk-bearing capacity, and for the improvement of its activity in line with Protocol (No 28) on Economic, Social and Territorial Cohesion;
2015/11/06
Committee: ECON
Amendment 43 #

2015/2127(INI)

Draft opinion
Paragraph 4
4. Calls on the EIB Group to re-examine its strategic planning programme, given the high degree of concentration of funding for the four biggest economies in the EU accounting for more than 45%, and the disproportionate rise in unemployment levels and investment gaps in some other countries which remains at alarming levels, and which could hamper economic convergence in the EU and further damage growth prospects and social cohesion in specific countries and regions in the EU;
2015/11/06
Committee: ECON
Amendment 60 #

2015/2127(INI)

Draft opinion
Paragraph 5
5. Takes note ofWelcomes the establishment of the European Fund for Strategic Investment (EFSI) and emphasises the need for the EFSI to function in an effective, transparent and fair way, to honour fully the requirement of additionality, and to take into account that priority should be given to projects in strategic sectors, countries in adjustment programmewhere investment gaps have widened most during the economic crisis and regions which have difficulties in attracting funding because of their high risk environment; their geographical or historical disadvantage translates into a higher high risk profile in an economic environment marked by uncertainty; Regrets the selection procedure used to appoint the Managing Director and the Deputy Managing Director and stresses the need to finalise as soon as possible the inter-institutional agreement between the EIB and the Parliament on reporting and on the selection procedure for both positions;
2015/11/06
Committee: ECON
Amendment 69 #

2015/2127(INI)

Draft opinion
Paragraph 5 a (new)
5a. Urges the EIB Group to develop an increased focus on economic and labour market resilience in the context of technological changes, environmental constraints, globalisation and demographic trends; calls on it to prioritise investment operations with high potential in terms of job creation and environmental sustainability, particularly in areas of greatest need, and to expand its cooperation with other development banks in this direction;
2015/11/06
Committee: ECON
Amendment 70 #

2015/2127(INI)

Draft opinion
Paragraph 5 b (new)
5b. Calls on the EIB Group to consider strengthening non-financial criteria in its project assessment models, giving greater weight to projects' contribution to sustainable and inclusive development and cohesion in line with Protocol (No 28) on Economic, Social and Territorial Cohesion, while aiming at maximum transparency;
2015/11/06
Committee: ECON
Amendment 88 #

2015/2127(INI)

Draft opinion
Paragraph 6
6. Calls on the EIB Group to refrain from cooperating with financial partners with a negative track record, particularly in the field of corporate taxation, and to enforce prevention measures against tax havens, tax fraud and tax evasion as well as aggressive tax avoidance; requests a list of outstanding EIB Group transactions involving counterparts established in jurisdictions featuring on the Commission's list of "top 30" tax havens around the world;
2015/11/06
Committee: ECON
Amendment 112 #

2015/2127(INI)

Draft opinion
Paragraph 8
8. Calls on the EIB Group to further enhance transparency and access to information both internafor the Parliament and other EU institutions as welly ands for the public, especially regarding the selection, monitoring and evaluation of activities and programmes;
2015/11/06
Committee: ECON
Amendment 128 #

2015/2127(INI)

Draft opinion
Paragraph 9
9. Requests the EIB Group to increase its reporting to Parliament regarding its decisions, progress achieved and the impact of its lending activities within and outside the EU; calls on the EIB Group to engage in deeper dialogue with the Parliament on all its activities within the same scheme for reporting and accountability as set out in the EFSI regulation and to fully comply with the spirit and letter of the EFSI regulation, notably concerning inter-institutional cooperation with the Parliament.
2015/11/06
Committee: ECON
Amendment 42 #

2015/2110(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Calls on the Commission to publish its second Anti-corruption Report without delay.
2016/07/04
Committee: LIBE
Amendment 45 #

2015/2110(INI)

Motion for a resolution
Paragraph 6 b (new)
6b. Calls on the Commission to look into how to combine the various monitoring mechanisms at Union level, including the Cooperation and Verification mechanism, the EU Anti- Corruption Report, the EU Justice Scoreboard, into a broader rule of law monitoring framework which could be applied to all 28 Member States.
2016/07/04
Committee: LIBE
Amendment 75 #

2015/2110(INI)

Motion for a resolution
Paragraph 10 – point b
(b) a definition of 'public official'; to be adopted, bearing in mind that the Directive on the Protection of the Union's financial interests by means of criminal law ("PIF Directive") proposes to establish such a definition;
2016/07/04
Committee: LIBE
Amendment 84 #

2015/2110(INI)

Motion for a resolution
Paragraph 10 – point d a (new)
(da) further alignment of the various legislative norms in criminal law matters, including minimum common penalties and sentences for the same crimes and offences.
2016/07/04
Committee: LIBE
Amendment 90 #

2015/2110(INI)

Motion for a resolution
Paragraph 11
11. Reiterates its call for the establishment of an independent European Public Prosecutor’s Office with clearly defined responsibilities and powers;, to be adopted as soon as possible with the participation of as many Member States as possible with clearly defined responsibilities and powers detailing how the new Office would complement and synergize the work of OLAF, Eurojust and the Member States, thus, preventing the overlapping of the spheres of competences of the different agencies and bodies
2016/07/04
Committee: LIBE
Amendment 99 #

2015/2110(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. In that context, since the offences for which the future European Public Prosecutor's Office would be responsible will be laid down in the PIF Directive, calls on the Council and Member States to unblock negotiations on the PIF Directive as quickly as possible, and in that regard, include VAT fraud within the scope of the Directive;
2016/07/04
Committee: LIBE
Amendment 157 #

2015/2110(INI)

Motion for a resolution
Paragraph 20 a (new)
20a. Calls on the Commission to find an appropriate way to monitor the corruption within the European Institutions and agencies, and ensure that the relevant legislative framework is in place to ensure that dissuasive and effective sanctions exist for offenders;
2016/07/04
Committee: LIBE
Amendment 180 #

2015/2110(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Notes the Commission's intention to propose a revision to the 4th Anti- money laundering Directive. Calls on the Commission, in that revision, to ensure that registries of beneficial owners cover all forms of legal entities, including trusts, and provide adequate transparency guarantees with regard to the information contained in those registries;
2016/07/04
Committee: LIBE
Amendment 195 #

2015/2110(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Calls on the Commission to present a European Agenda on fighting corruption, organised crime and money laundering, based on the same principle and model, as the Agendas on Migration and Security;
2016/07/04
Committee: LIBE
Amendment 6 #

2015/2058(INI)

Motion for a resolution
Recital A
A. whereas illicit financial flows (IFFs), i.e. all unrecorded private financial outflows involving capital that is illegally earned, transferred or utilised, typically originate from tax evasion activities, trade misinvoicing and abusive transfer pricing, against the principle that taxes should be paid where profits have been generated, and tax evasion and avoidance have been identified as major obstacles to the mobilisation of domestic revenue for development by all major international texts and conferences on financing for development;
2015/05/06
Committee: DEVE
Amendment 22 #

2015/2058(INI)

Draft opinion
Paragraph 2
2. Calls for the introduction of a mandatory consolidated common tax base for corporation tax in order to standardise tax returns; Calls for a minimum corporate tax rate;
2015/04/15
Committee: ECON
Amendment 27 #

2015/2058(INI)

Draft opinion
Paragraph 3
3. Calls for the establishment of a globally accepted definition of tax havens, of penalties for operators making use of them and of a blacklist of countries that do not combat tax evasion or accept a blacklist to be drawn up of such tax havens and countries distorting competition with favourable tax conditions, including those in the EU, by end of 2015; the definition of tax havens should include but should not be limited to the following: "Provision for tax measures which entail no or nominal taxes, a lack of effective exchange of information with foreign tax authorities and a lack of transparency in legislative, legal or administrative provisions, or where advantages are granted even without any real economic activit,y as has already been called for previouslynd substantial economic presence within country offering such tax advantages";
2015/04/15
Committee: ECON
Amendment 34 #

2015/2058(INI)

Motion for a resolution
Recital E a (new)
Ea. whereas the need for an increase of domestic revenues has become more pressing due to the financial and economic crisis;
2015/05/06
Committee: DEVE
Amendment 35 #

2015/2058(INI)

Motion for a resolution
Recital E b (new)
Eb. whereas the amount of resources raised by developing countries through domestic revenue mobilisation has been increasing steadily, and important progress has been done in this field with the aid of international donors;
2015/05/06
Committee: DEVE
Amendment 40 #

2015/2058(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas developing countries still rely heavily on taxes from trade, which exposes national budgets to volatile commodity price, and are having difficulties in compensating for the decline in trade taxes resulting from the current global context of trade liberalisation, and in shifting to other types of domestic resources;
2015/05/06
Committee: DEVE
Amendment 44 #

2015/2058(INI)

Motion for a resolution
Recital F b (new)
Fb. whereas corporate tax revenues constitute a significant share of developing countries' national income, and in the past years developing countries have continually lowered corporate tax rates;
2015/05/06
Committee: DEVE
Amendment 44 #

2015/2058(INI)

Draft opinion
Paragraph 5
5. Calls on EU bodies such as, for instance, the EIB and the EBRD not tonot to cooperate with those jurisdictions or companies that have been deemed to be uncooperative on tax matters, for instance by ensuring that institutions such as the European Investment Bank (EIB) and the European Bank for Reconstruction and Development (EBRD) do not cooperate any longer through their financial intermediaries with non- cooperative tax jurisdictions and by committing not to grant EU funding to companies that breach EU tax standards;
2015/04/15
Committee: ECON
Amendment 47 #

2015/2058(INI)

Motion for a resolution
Recital G
G. whereas, comparatively speaking, developing countries raise substantially less revenue than advanced economies (with-a-tax to GDP ratio ranging between 10 to 20%, as opposed to 30 to 40% of OECD economies) and are characterised by extremely narrow tax bases, and there is considerable potential for increasing the tax-to-GDP ratio, especially in the least industrialised countries (LICs);
2015/05/06
Committee: DEVE
Amendment 52 #

2015/2058(INI)

Motion for a resolution
Recital H
H. whereas developing countries have been offering various tax incentives and exemptions, which are not transparent and guided by proper cost-benefit analyses and often fail to attract real and sustainable investments, putting developing economies against each other, competing to offer the most favourable tax treatments, and leading to harmful tax competition and a ‘race to the bottom’ that brings greater benefit to multinational corporations (MNCs) than to developing countries;
2015/05/06
Committee: DEVE
Amendment 55 #

2015/2058(INI)

Motion for a resolution
Recital H a (new)
Ha. whereas tax havens and secrecy jurisdictions that allow banking or financial information to be kept private, combined with 'zero-tax' regimes to attract capital and revenues that should have been taxed in other countries generate harmful tax competition and particularly affect developing countries, with a loss of an estimated $189 billion of tax revenue annually;
2015/05/06
Committee: DEVE
Amendment 57 #

2015/2058(INI)

Draft opinion
Paragraph 7
7. Calls on the OSCE and the G20 to abide by their pledges and adopt the latest BEPS measures in 2015Asks the Commission to fully cooperate with the OECD, the G20 and developing countries to address BEPS and to report regularly to Parliament and the Council on the progress made; welcomes the upcoming revised Commission Action Plan in 2015 on tax evasion and tax avoidance and calls on the Commission to come forward with an EU anti-BEPS Directive;
2015/04/15
Committee: ECON
Amendment 58 #

2015/2058(INI)

Motion for a resolution
Recital H b (new)
Hb. whereas the fiscal treatment of mining investments varies across countries, and arrangements between developing countries' governments and extracting companies are usually ad hoc and negotiated without transparency and clear guidelines, with the risk of hampering tax collection;
2015/05/06
Committee: DEVE
Amendment 60 #

2015/2058(INI)

Motion for a resolution
Recital H c (new)
Hc. whereas the existence of large informal sectors in developing countries' economies makes broad-based taxation next to impossible, and in countries where a large proportion of the population lives in poverty a considerable share of GDP is not taxable;
2015/05/06
Committee: DEVE
Amendment 62 #

2015/2058(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls for a review of existing double taxation agreements in order to allow for a 'fair share' of the tax base to be taxed in developing countries;
2015/04/15
Committee: ECON
Amendment 63 #

2015/2058(INI)

Draft opinion
Paragraph 7 b (new)
7b. Furthermore, calls on the Commission to propose changes to EU company law to effectively ban shell companies and similar entities by introducing for example substance requirements, limitation of multiple directorships etc.
2015/04/15
Committee: ECON
Amendment 68 #

2015/2058(INI)

Motion for a resolution
Recital I a (new)
Ia. whereas the amount of aid in support of domestic resource mobilisation is still low, accounting for less than one percent of total ODA in 2011;
2015/05/06
Committee: DEVE
Amendment 70 #

2015/2058(INI)

Motion for a resolution
Recital I b (new)
Ib. whereas a recent impact assessment carried out by the Netherlands government concluded that the Dutch tax system facilitated avoidance of withholding tax, leading to foregone dividends and interest from withholding tax revenues in developing countries in the range 150-550 million euros per year;1 b __________________ 1b'Evaluation issues in financing for development Analysing effects of Dutch corporate tax policy on developing countries', Study commissioned by the Policy and Operations Evaluation Department (IOB) of the Ministry of Foreign Affairs of the Netherlands, November 2013
2015/05/06
Committee: DEVE
Amendment 70 #

2015/2058(INI)

Draft opinion
Paragraph 9
9. Stresses the urgent need for a study on the impact of international tax treaties, and a 'spillover analysis' of the impacts of Member States' corporate tax regimes and their bilateral tax treaties with developing countries, based on the principles and methodology of studies previously carried out by the International Monetary Fund;
2015/04/15
Committee: ECON
Amendment 72 #

2015/2058(INI)

Motion for a resolution
Recital J a (new)
Ja. whereas the Committee of Experts on International Cooperation in Tax Matters is a subsidiary body of the Economic and Social Council which pays special attention to developing countries and countries with economies in transition;
2015/05/06
Committee: DEVE
Amendment 77 #

2015/2058(INI)

Motion for a resolution
Recital K a (new)
Ka. whereas the European Investment Bank supports private companies in developing countries directly by providing loans, or indirectly by supporting financial intermediaries such as commercial banks and private equity funds, which then on-lend or invest in enterprises;
2015/05/06
Committee: DEVE
Amendment 78 #

2015/2058(INI)

Draft opinion
Paragraph 10
10. Calls for a code of conduct to be established for governments of the countries concerned in order to ensure tax systems are managed efficiently, stemming from a review of the work of the existing Code of Conduct on Business Taxation Group;
2015/04/15
Committee: ECON
Amendment 84 #

2015/2058(INI)

Motion for a resolution
Paragraph 2
2. Insists that effective mobilisation of domestic resources and a strengthening of tax systems will be an indispensable factor in achieving the post-2015 framework that will replace the Millennium Development Goals (MDGs), which represents a viable strategy to overcome foreign aid dependency in the long term, and that efficient and fair tax systems are crucial for poverty reduction, fighting inequalities, good governance and state- building;
2015/05/06
Committee: DEVE
Amendment 89 #

2015/2058(INI)

Motion for a resolution
Paragraph 3
3. Stresses that tax avoidance and tax evasion represent a considerable financial loss for developing countries, and that taking appropriate measures at national, European and international level against these practices should be a top priority for the EU, taking into account the needs and constraints that developing countries face in gaining access to their tax revenues; considers that the EU should be taking a leading role in driving international efforts to combat tax havens, tax fraud and evasion, leading by example; and that it should cooperate with developing countries in counteracting aggressive tax avoidance practices by certain transnational companies, as well as in seeking ways to help them withstand pressures to engage in tax competition;
2015/05/06
Committee: DEVE
Amendment 91 #

2015/2058(INI)

Draft opinion
Paragraph 12
12. Calls on the EU and the Member States to enforce the recommendations of theprinciple that multinational companies must adopt country-by-country reporting as standard, requiring them to publish as part of their annual report on a country-by-country basis for each territory in which they operate the names of all subsidiaries, their financial performance, relevant tax information, assets and number of employees, and to ensure that this information is publicly available; Calls for CbC reportsing to be implemented for multinational companies in all sectors and in all countries.;
2015/04/15
Committee: ECON
Amendment 94 #

2015/2058(INI)

Motion for a resolution
Paragraph 4
4. Urges the Commission to support developing countries and regional tax administration frameworks, such as the African Tax Administration Forum and the Inter-American Centre of Tax Administrations, in the fight against tax dodging, in developing fairer tax policies, in promoting administrative reforms and in order to increase the share, in terms of aid and development, of financial and technical assistance to the national tax administrations of developing countries;
2015/05/06
Committee: DEVE
Amendment 94 #

2015/2058(INI)

Draft opinion
Paragraph 12 a (new)
12a. Calls for the establishment of an intergovernmental tax body under the auspices of the United Nations with the aim of ensuring that developing countries can participate on an equal footing in the formulation and reform of global tax policies;
2015/04/15
Committee: ECON
Amendment 95 #

2015/2058(INI)

Draft opinion
Paragraph 12 a (new)
12a. Calls for a swift implementation of the Anti-Money Laundering Directive (AMLD) and the Transfer of Funds Regulation (ToFR); considers, however, that room for improvement remains and urges MSs to use the available flexibility, provided for in particular in the AMLD, towards the use of unrestricted public registers with access to beneficial ownership information for companies, trusts, foundations and other legal entities;
2015/04/15
Committee: ECON
Amendment 102 #

2015/2058(INI)

Motion for a resolution
Paragraph 5
5. Asks the Commission to give good governance in tax matters and fair tax collection a high place on the agenda in its policy dialogue (political, development and trade) and in all development cooperation agreements with partner countries, enhancing ownership and domestic accountability by fostering an environment where national parliaments are enabled to meaningfully contribute to the formulation and oversight of national budgets, including on domestic revenues and tax matters, and supporting the role of civil society in ensuring public scrutiny of tax governance and monitoring of cases of tax fraud, inter alia by setting up effective systems for protecting whistleblowers and journalistic sources;
2015/05/06
Committee: DEVE
Amendment 108 #

2015/2058(INI)

Motion for a resolution
Paragraph 6
6. Urges that information on beneficial ownership of companies, trusts and other institutions be made publicly available in open-data formats, in order to prevent anonymous shell companies and similar legal structures from being used to launder money, finance illegal activities or terrorist activities, conceal the identity of corrupt and criminal individuals, hide the theft of public funds and profits from illegal traffic and illegal tax evasion;
2015/05/06
Committee: DEVE
Amendment 115 #

2015/2058(INI)

Motion for a resolution
Paragraph 7
7. Calls on the EU and the Member States to enforce the principle that multinational companies, and especially those companies extracting natural resources, must adopt country-by-country reporting (CBCR) as standard, requiring them to publish as part of their annual report on a country-by-country basis for each territory in which they operate the names of all subsidiaries, their financial performance, relevant tax information, assets and number of employees, and to ensure that this information is publicly available; calls on the OECD to recommend that its proposed CBCR template should be made public by all MNCs, to ensure that all tax authorities in all countries are able to access thorough information so they can assess transfer pricing risks and determine the most effective way to deploy audit resources;
2015/05/06
Committee: DEVE
Amendment 127 #

2015/2058(INI)

Motion for a resolution
Paragraph 8
8. Welcomes the adoption of an Automatic Exchange of Information mechanism, a fundamental tool for enhancing global transparency and cooperation in the fight against tax avoidance and tax evasion; acknowledges, however, that support and time is needed for developing countries to build the required capacity to send and process information; therefore stresses the importance of ensuring that the new OECD Global Standard on Automatic Exchange of Information include a transition period for developing countries, recognising that by making this standard reciprocal, those countries that do not have the resources and capacity to set up the necessary infrastructure to collect, manage and share the required information might effectively be excluded; moreover, considers that a single standard on confidentiality should be envisaged;
2015/05/06
Committee: DEVE
Amendment 142 #

2015/2058(INI)

Motion for a resolution
Paragraph 11
11. UStrongly supports the range of existing international initiatives to reform the global system, with a focus on the increased participation of developing countries in the structures and procedures of international tax cooperation; urges the EU and the Member States to ensure that the UN taxation committee is transformed into a genuine intergovernmental body equipped with additional resources, ensuring that developing countries can participate equally in the global reform of existing international tax rules;
2015/05/06
Committee: DEVE
Amendment 148 #

2015/2058(INI)

Motion for a resolution
Paragraph 12
12. Stresses that gender analysis should be made central to tax justice, recognising that while tax evasion has an impact on the welfare of individuals across the world, it is especially damaging to poor and lower- income households, in many of which women are disproportionately represented;
2015/05/06
Committee: DEVE
Amendment 154 #

2015/2058(INI)

Motion for a resolution
Paragraph 13
13. Calls on the EIB to ensure that companies that receive EIB support do not participate in tax evasion and avoidance via offshore centres and tax havens, and to increase its transparency policy by, for example, making publicly available all of its reports and investigations;
2015/05/06
Committee: DEVE
Amendment 21 #

2015/2052(INI)

Draft opinion
Paragraph 2
2. Stresses the need for a stable and predictable investment environment, not least with a view to attracting private investment; underlines the role of sound economic governance in the creation of this kind of favourablto create a climate which will promote the development of public and private investment environment;and emphasises the need for an overall investment framework in the EU;
2015/05/26
Committee: ECON
Amendment 29 #

2015/2052(INI)

Draft opinion
Paragraph 2 a (new)
2a. Calls for neutralisation in the calculation of debt and deficit in public investment carried out by Member States’ public operators, particularly with regard to the impact of the new ESA 2010 system of accounts, which prevents Member States from paying their co-financing share to the structural funds (in particular the European Regional Development Fund, the European Social Fund and the Youth Employment Initiative) and thus using these funds to escape from the economic crisis and re- launch growth and employment;
2015/05/26
Committee: ECON
Amendment 33 #

2015/2052(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to avoid any suspension of commitments or payments provided for in the second strand of Article 23 of the CPR where Member States are involved in any of the situations described in sub-paragraphs (a) to (e) of paragraph 1 of Annex III to the CPR; calls for neutralisation in the calculation of debt and deficit in public investment carried out by Member States’ public operators, particularly with regard to the impact of the new ESA 2010 system of accounts, which prevents Member States from paying their co-financing share to the Structural Funds (in particular the European Regional Development Fund, the European Social Fund and the Youth Employment Initiative) and thus using these funds to escape from the economic crisis and re-launch growth and employment;
2015/06/02
Committee: EMPL
Amendment 52 #

2015/2052(INI)

Draft opinion
Paragraph 4 a (new)
4a. Calls for the continued investment of structural funds in transition regions to ensure continuity in their effects and in the efforts made so far;
2015/05/26
Committee: ECON
Amendment 30 #

2015/0263(COD)

Proposal for a regulation
Recital 3
(3) Several Member States have been undergoing and continue to undergo adjustment processes to correct macroeconomic imbalances accumulated in the past and many are facing the challenge of low potential growth, in particular as a result of a lack of investment. The Union has identified the implementation of structural reforms among its policy priorities to set the recovery on a sustainable path, unlock the growth potential to strengthen the adjustment capacity, increase investment and support the process of convergence. To win back the confidence of its citizens, the EU should initiate adjustment processes whilst meeting the requirements laid down in Article 9 TFEU. In particular, that should involve a proactive public investment policy.
2016/09/01
Committee: ECON
Amendment 45 #

2015/0263(COD)

Proposal for a regulation
Recital 4
(4) Reforms are by their very nature complex processes that require a complete chain of highly-specialised knowledge and skills. Addressing structural reforms in a variety of public policy areas is challenging since their benefits often take time to materialise. Therefore, early and efficient design and implementation is crucial, be it for crisis-struck or structurally-weak economies. In this context, the provision of support by the Union in the form of technical assistance has been crucial in supporting the economic adjustment of Greece and Cyprus in the last yearsshould be consistent, in each Member State, with the requirements laid down in Article 9 TFEU.
2016/09/01
Committee: ECON
Amendment 52 #

2015/0263(COD)

Proposal for a regulation
Recital 5
(5) Member States may benefit from support in addressing challenges as regards the design and implementation of structural reforms. These challenges may be dependent on various factors, including limited administrative and institutional capacity or inadequate application and implementation of Union legislation designed to support growth.
2016/09/01
Committee: ECON
Amendment 55 #

2015/0263(COD)

Proposal for a regulation
Recital 6
(6) The Union has a long-lasting experience on providing specific support to national administrations and other authorities of Member States as regards capacity building and similar actions in certain sectors (e.g. taxation, customs, support to small and medium-sized enterprises) and in relation to the implementation of cohesion policy. The experience gained by the Union in assisting national authorities carrying out reforms should be used in order to enhance the capacity of the Union to provide support to Member States. Comprehensive and integrated action is indeed necessary in order to provide support to those Member States that are undertaking growth- enhancing reforms and request assistance from the Union in this respect. At all events, the purpose of assistance should be to improve the social well-being of citizens by safeguarding jobs, combating exclusion and poverty and promoting high levels of social protection and high- quality health and education services.
2016/09/01
Committee: ECON
Amendment 64 #

2015/0263(COD)

Proposal for a regulation
Recital 3
(3) Several Member States have been undergoing and continue to undergo adjustment processes to correct macroeconomic imbalances accumulated in the past and many are facing the challenge of low potential growth in particular as a result of a lack of investment. The Union has identified the implementation of structural reforms among its policy priorities to set the recovery on a sustainable path, unlock the growth potential to strengthen the adjustment capacity, increase investment and support the process of convergence. To win back the confidence of its citizens, the EU must initiate adjustment processes whilst meeting the requirements laid down in Article 9 TFEU. In particular, that should involve a proactive public investment policy.
2016/09/20
Committee: REGI
Amendment 66 #

2015/0263(COD)

Proposal for a regulation
Recital 7
(7) Against this background, it is necessary to establish a Structural Reform Support Programme ('the Programme') with the objective of strengthening the capacity of Member States to prepare and implement growth-enhancing administrative and structural reforms, including through assistance for the efficient and effective use of the Union funds. The Programme is intended to contribute to the achievement of common goals towards obtaining economic recovery, and job creation, guaranteeing a high level of social security and high-quality health and education services, combating poverty and social exclusion and boosting Europe's competitiveness and stimulating investment in the real economy.
2016/09/01
Committee: ECON
Amendment 69 #

2015/0263(COD)

Proposal for a regulation
Recital 4
(4) Reforms are by their very nature complex processes that require a complete chain of highly-specialised knowledge and skills. Addressing structural reforms in a variety of public policy areas is challenging since their benefits often take time to materialise. Therefore, early and efficient design and implementation is crucial, be it for crisis-struck or structurally-weak economies. In this context, the provision of support by the Union in the form of technical assistance has been crucial in supporting the economic adjustment of Greece and Cyprus in the last yearsmust, in each Member State, be in keeping with the requirements laid down in Article 9 TFEU.
2016/09/20
Committee: REGI
Amendment 72 #

2015/0263(COD)

Proposal for a regulation
Recital 3
(3) Several Member States have been undergoing and continue to undergo adjustment processes to correct macroeconomic imbalances accumulated in the past and many are facing the challenge of low potential growth, in particular as a result of a lack of investment. The Union has identified the implementation of structural reforms among its policy priorities to set the recovery on a sustainable path, unlock the growth potential to strengthen the adjustment capacity, increase investment and support the process of convergence. To win back the confidence of its citizens, the EU must initiate adjustment processes whilst meeting the requirements laid down in Article 9 TFEU. In particular, that should involve a proactive public investment policy.
2016/09/09
Committee: EMPL
Amendment 76 #

2015/0263(COD)

Proposal for a regulation
Recital 4
(4) Reforms are by their very nature complex processes that require a complete chain of highly-specialised knowledge and skills. Addressing structural reforms in a variety of public policy areas is challenging since their benefits often take time to materialise. Therefore, early and efficient design and implementation is crucial, be it for crisis-struck or structurally-weak economies. In this context, the provision of support by the Union in the form of technical assistance has been crucial in supporting the economic adjustment of Greece and Cyprus in the last yearsmust, in each Member State, be in keeping with the requirements laid down in Article 9 TFEU.
2016/09/09
Committee: EMPL
Amendment 77 #

2015/0263(COD)

Proposal for a regulation
Recital 5
(5) Member States may benefit from support in addressing challenges as regards the design and implementation of structural reforms. These challenges may be dependent on various factors, including limited administrative and institutional capacity or inadequate application and implementation of Union legislation designed to support growth.
2016/09/20
Committee: REGI
Amendment 80 #

2015/0263(COD)

Proposal for a regulation
Recital 9
(9) Member States should be able to request support from the Commission under the Programme in relation to the implementation of reforms in the context of economic governance processes, in particularfor example in order to prioritise investment, growth, employment and socially progressive policies, in particular the implementation of Country Specific Recommendations in the context of the European Semester, which should take account of those priorities, to actions related to the implementation of Union law, as well as in relation to the implementation of economic adjustment programmes. They should also be able to request support in relation to reforms undertaken at their own initiative, in order to achieve sustainable investment, growth and job creation or social inclusion.
2016/09/01
Committee: ECON
Amendment 80 #

2015/0263(COD)

Proposal for a regulation
Recital 6
(6) The Union has a long-lasting experience on providing specific support to national administrations and other authorities of Member States as regards capacity building and similar actions in certain sectors (e.g. taxation, customs, support to small and medium-sized enterprises) and in relation to the implementation of cohesion policy. The experience gained by the Union in assisting national authorities carrying out reforms should be used in order to enhance the capacity of the Union to provide support to Member States. Comprehensive and integrated action is indeed necessary in order to provide support to those Member States that are undertaking growth- enhancing reforms and request assistance from the Union in this respect. At all events, the purpose of assistance must be to improve social well-being by helping to increase employment rates, combating exclusion and poverty and promoting high levels of social protection and high- quality health and education services.
2016/09/20
Committee: REGI
Amendment 88 #

2015/0263(COD)

Proposal for a regulation
Recital 10
(10) Further to a dialogue with the requesting Member State, including in the context of the European Semester, which should prioritise investment, growth, employment and socially progressive policies the Commission should analyse the request, taking into account the principles of transparency, respect for the role of the social partners equal treatment and sound financial management and determine the support to be provided based on urgency, breadth and depth of the problems as identified, support needs in respect of the policy areas envisaged, analysis of socioeconomic indicators, and the general administrative capacity of the Member State. The Commission should also, in close cooperation with the Member State concerned, identify the priority areas, the scope of the support measures to be provided and the global financial contribution for such support, taking into account the existing actions and measures financed by Union funds or other Union programmes.
2016/09/01
Committee: ECON
Amendment 89 #

2015/0263(COD)

Proposal for a regulation
Recital 5
(5) Member States may benefit from support in addressing challenges as regards the design and implementation of structural reforms. These challenges may be dependent on various factors, including limited administrative and institutional capacity or inadequate application and implementation of Union legislation designed to support growth.
2016/09/09
Committee: EMPL
Amendment 91 #

2015/0263(COD)

Proposal for a regulation
Recital 11
(11) The Commission Communications ‘The EU Budget Review’13 and ‘A budget for Europe 2020’14 underline the importance of focusing funding on activities with clear European added value, i.e. where the Union intervention can bring additional value compared to action of Member States alone. Against this background, the support actions carried out under the Programme should ensure complementarity and synergy with other programmes and policies at national, Union and international level. The actions under the Programme should allow elaborating and implementing solutions that address national challenges which have impact on cross-border or Union-wide challenges and achieve a consistent and coherent implementation of Union law. In addition, they should contribute to further develop truscitizens' trust in the European project and promote cooperation with the Commission and among Member States. Moreover, the Union is in a better position than Member States to provide a platform for the provision and sharing of good practices from peers as well as to mobilise expertise. _________________ 13 COM(2010) 700 of 19 October 2010. COM(2010) 700 of 19 October 2010. 14 COM(2011) 500 final of 29 June 2011.
2016/09/01
Committee: ECON
Amendment 91 #

2015/0263(COD)

Proposal for a regulation
Recital 7
(7) Against this background, it is necessary to establish a Structural Reform Support Programme (‘the Programme’) with the objective of strengthening the capacity of Member States to prepare and implement growth-enhancing administrative and structural reforms, including through assistance for the efficient and effective use of the Union funds. The Programme is intended to contribute to the achievement of common goals towards obtaining economic recovery, job creation, guaranteeing a high level of social welfare and high- quality health and education services, combating poverty and social exclusion and boosting Europe’s competitiveness and stimulating investment in the real economy.
2016/09/20
Committee: REGI
Amendment 99 #

2015/0263(COD)

Proposal for a regulation
Recital 6
(6) The Union has a long-lasting experience on providing specific support to national administrations and other authorities of Member States as regards capacity building and similar actions in certain sectors (e.g. taxation, customs, support to small and medium-sized enterprises) and in relation to the implementation of cohesion policy. The experience gained by the Union in assisting national authorities carrying out reforms should be used in order to enhance the capacity of the Union to provide support to Member States. Comprehensive and integrated action is indeed necessary in order to provide support to those Member States that are undertaking growth- enhancing reforms and request assistance from the Union in this respect. At all events, the purpose of assistance must be to improve social well-being by helping to increase employment rates, combating exclusion and poverty and promoting high levels of social protection and high- quality health and education services.
2016/09/09
Committee: EMPL
Amendment 100 #

2015/0263(COD)

Proposal for a regulation
Recital 14
(14) Member States that request support should be able to contribute to the financial envelope of the Programme with additional funds. Currently, Regulation (EU) No 1303/2013 limits the possibility of a transfer of resources dedicated to technical assistance at the initiative of a Member State to those Member States which face temporary budgetary difficulties. Regulation (EU) No 1303/2013 should therefore be amended in order to allow all Member States to participate financially to the Programme. The resources transferred to the Union budget should be used for supporting actions contributing to smart, sustainable and inclusive growthgrowth consistent with social inclusion or Fund- specific purposes in the Member States concerned.
2016/09/01
Committee: ECON
Amendment 102 #

2015/0263(COD)

Proposal for a regulation
Recital 15
(15) This Regulation should be implemented in compliance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council18 on the financial rules applicable to the annual budget of the European Union. The Commission should adopt multi-annual work programmes that set out the politicalsocial and economic objectives pursued, the expected results of the support and the funding priorities in the respective policy areas. Those elements should be further specified in annual work programmes adopted by implementing acts. _________________ 18 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
2016/09/01
Committee: ECON
Amendment 102 #

2015/0263(COD)

Proposal for a regulation
Recital 9
(9) Member States should be able to request support from the Commission under the Programme in relation to the implementation of reforms in the context of economic governance processes, in particularfor example in order to prioritise investment, growth, employment and socially progressive policies, in particular the implementation of Country Specific Recommendations in the context of the European Semester, which should take account of those priorities, to actions related to the implementation of Union law, as well as in relation to the implementation of economic adjustment programmes. They should also be able to request support in relation to reforms undertaken at their own initiative, in order to achieve sustainable investment, growth and job creation or social inclusion.
2016/09/20
Committee: REGI
Amendment 106 #

2015/0263(COD)

Proposal for a regulation
Recital 7
(7) Against this background, it is necessary to establish a Structural Reform Support Programme ('the Programme') with the objective of strengthening the capacity of Member States to prepare and implement growth-enhancing administrative and structural reforms, including through assistance for the efficient and effective use of the Union funds. The Programme is intended to contribute to the achievement of common goals towards obtaining economic recovery, and job creation, guaranteeing a high level of social protection and high-quality health and education services, combating poverty and social exclusion and boosting Europe's competitiveness and stimulating investment in the real economy.
2016/09/09
Committee: EMPL
Amendment 108 #

2015/0263(COD)

Proposal for a regulation
Recital 21
(21) In order to adapt the list of indicators measuring the achievement of the objectives of the Programme, in the light of experience during the implementation of the Programme, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the amendment of the list. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council, in particular where investment, employment, education, health and the fight against poverty are concerned..
2016/09/01
Committee: ECON
Amendment 111 #

2015/0263(COD)

Proposal for a regulation
Recital 10
(10) Further to a dialogue with the requesting Member State, including in the context of the European Semester, which should prioritise investment, growth, employment and socially progressive policies, the Commission should analyse the request, taking into account the principles of transparency, respect for the role of the social partners, equal treatment and sound financial management and determine the support to be provided based on urgency, breadth and depth of the problems as identified, support needs in respect of the policy areas envisaged, analysis of socioeconomic indicators, and the general administrative capacity of the Member State. The Commission should also, in close cooperation with the Member State concerned, identify the priority areas, the scope of the support measures to be provided and the global financial contribution for such support, taking into account the existing actions and measures financed by Union funds or other Union programmes.
2016/09/20
Committee: REGI
Amendment 122 #

2015/0263(COD)

Proposal for a regulation
Recital 11
(11) The Commission Communications ‘The EU Budget Review’13 and ‘A budget for Europe 2020’14 underline the importance of focusing funding on activities with clear European added value, i.e. where the Union intervention can bring additional value compared to action of Member States alone. Against this background, the support actions carried out under the Programme should ensure complementarity and synergy with other programmes and policies at national, Union and international level. The actions under the Programme should allow elaborating and implementing solutions that address national challenges which have impact on cross-border or Union-wide challenges and achieve a consistent and coherent implementation of Union law. In addition, they should contribute to further develop truscitizens’ trust in the European project and promote cooperation with the Commission and among Member States. Moreover, the Union is in a better position than Member States to provide a platform for the provision and sharing of good practices from peers as well as to mobilise expertise. __________________ 13 COM(2010)700 of 19 October 2010. 14 COM(2011)500 of 29 June 2011.
2016/09/20
Committee: REGI
Amendment 124 #

2015/0263(COD)

Proposal for a regulation
Recital 9
(9) Member States should be able to request support from the Commission under the Programme in relation to the implementation of reforms in the context of economic governance processes, in particularfor example in order to prioritise investment, growth, employment and socially progressive policies, in particular the implementation of Country Specific Recommendations in the context of the European Semester, which should take account of those priorities, to actions related to the implementation of Union law, as well as in relation to the implementation of economic adjustment programmes. They should also be able to request support in relation to reforms undertaken at their own initiative, in order to achieve sustainable investment, growth and job creation or social inclusion.
2016/09/09
Committee: EMPL
Amendment 129 #

2015/0263(COD)

Proposal for a regulation
Article 4 – paragraph 1
The general objective of the Programme shall be to contribuhelp Member States to institutional, administrative and structural reforms in the Member States by providing support to national authorities forboost their growth, their investment, their policies to boost the creation of good jobs, social protection, the fight against social exclusion and their competitiveness by taking measures aimed at reforming institutions, governance, administration, economic and social sectors in response to economic and social challenges with a view to enhancing competitivzeness, growth, jobs, and investment, in particulars’ wellbeing in the context of social economic governance processes, including through assistance for the efficient and effective use of the Union funds.
2016/09/01
Committee: ECON
Amendment 131 #

2015/0263(COD)

Proposal for a regulation
Recital 14
(14) Member States that request support should be able to contribute to the financial envelope of the Programme with additional funds. Currently, Regulation (EU) No 1303/2013 limits the possibility of a transfer of resources dedicated to technical assistance at the initiative of a Member State to those Member States which face temporary budgetary difficulties. Regulation (EU) No 1303/2013 should therefore be amended in order to allow all Member States to participate financially to the Programme. The resources transferred to the Union budget should be used for supporting actions contributing to smart, sustainable and inclusive growth growth that leaves room for social inclusion, or for Fund- specific purposes in the Member States concerned.
2016/09/20
Committee: REGI
Amendment 133 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) to assist the initiatives of national authorities to design their reforms in such a way that they promote growth and social well-being according to priorities, taking into account initial conditions and expected socio- economic impacts;
2016/09/01
Committee: ECON
Amendment 133 #

2015/0263(COD)

Proposal for a regulation
Recital 10
(10) Further to a dialogue with the requesting Member State, including in the context of the European Semester, which should prioritise investment, growth, employment and socially progressive policies, the Commission should analyse the request, taking into account the principles of transparency, respect for the role of the social partners, equal treatment and sound financial management and determine the support to be provided based on urgency, breadth and depth of the problems as identified, support needs in respect of the policy areas envisaged, analysis of socioeconomic indicators, and the general administrative capacity of the Member State. The Commission should also, in close cooperation with the Member State concerned, identify the priority areas, the scope of the support measures to be provided and the global financial contribution for such support, taking into account the existing actions and measures financed by Union funds or other Union programmes.
2016/09/09
Committee: EMPL
Amendment 133 #

2015/0263(COD)

Proposal for a regulation
Recital 15
(15) This Regulation should be implemented in compliance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council18 on the financial rules applicable to the annual budget of the European Union. The Commission should adopt multi-annual work programmes that set out the politicalsocial and economic objectives pursued, the expected results of the support and the funding priorities in the respective policy areas. Those elements should be further specified in annual work programmes adopted by implementing acts. __________________ 18 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
2016/09/20
Committee: REGI
Amendment 138 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) to support the national authorities to enhance their capacity to formulate, develop and implement reform policies and strategies linked to growth and social well- being and pursue an integrated approach ensuring consistency between goals and means across sectors;
2016/09/01
Committee: ECON
Amendment 138 #

2015/0263(COD)

Proposal for a regulation
Recital 11
(11) The Commission Communications ‘The EU Budget Review’13 and ‘A budget for Europe 2020’14 underline the importance of focusing funding on activities with clear European added value, i.e. where the Union intervention can bring additional value compared to action of Member States alone. Against this background, the support actions carried out under the Programme should ensure complementarity and synergy with other programmes and policies at national, Union and international level. The actions under the Programme should allow elaborating and implementing solutions that address national challenges which have impact on cross-border or Union-wide challenges and achieve a consistent and coherent implementation of Union law. In addition, they should contribute to further develop truscitizens' trust in the European project and promote cooperation with the Commission and among Member States. Moreover, the Union is in a better position than Member States to provide a platform for the provision and sharing of good practices from peers as well as to mobilise expertise. __________________ 13 14COM(2010) 700 final, 19 October 2010. COM(2010) 700 final, 19 October 2010. 14 COM(2011) 500 final, 29 June 2011. COM(2011) 500 final, 29 June 2011.
2016/09/09
Committee: EMPL
Amendment 146 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) to assist the national authorities to enhance the efficiency and effectiveness of human resources and social dialogue management, where appropriate, through definition of clear responsibilities and increase of professional knowledge and skills.
2016/09/01
Committee: ECON
Amendment 148 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
These objectives shall be pursued in close cooperation with Beneficiary Member States, in keeping with Member States’ priorities and on the basis of dialogue with the social partners.
2016/09/01
Committee: ECON
Amendment 149 #

2015/0263(COD)

Proposal for a regulation
Recital 14
(14) Member States that request support should be able to contribute to the financial envelope of the Programme with additional funds. Currently, Regulation (EU) No 1303/2013 limits the possibility of a transfer of resources dedicated to technical assistance at the initiative of a Member State to those Member States which face temporary budgetary difficulties. Regulation (EU) No 1303/2013 should therefore be amended in order to allow all Member States to participate financially to the Programme. The resources transferred to the Union budget should be used for supporting actions contributing to smart, sustainable and inclusive growth growth that leaves room for social inclusion, or for Fund- specific purposes in the Member States concerned.
2016/09/09
Committee: EMPL
Amendment 150 #

2015/0263(COD)

Proposal for a regulation
Recital 21
(21) In order to adapt the list of indicators measuring the achievement of the objectives of the Programme, in the light of experience during the implementation of the Programme, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the amendment of the list. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council, in particular where investment, employment, education, health and the fight against poverty are concerned.
2016/09/20
Committee: REGI
Amendment 151 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. The specific objectives set out in paragraph 1 shall refer to policy areas related to competitiveness, growth, jobs, social cohesion and investment, in particular to the following:
2016/09/01
Committee: ECON
Amendment 154 #

2015/0263(COD)

Proposal for a regulation
Recital 15
(15) This Regulation should be implemented in compliance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council18 on the financial rules applicable to the annual budget of the European Union. The Commission should adopt multi-annual work programmes that set out the politicalsocial and economic objectives pursued, the expected results of the support and the funding priorities in the respective policy areas. Those elements should be further specified in annual work programmes adopted by implementing acts. __________________ 18 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
2016/09/09
Committee: EMPL
Amendment 157 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b
(b) institutional reform and efficient and high-quality public service-oriented functioning of public administration, effective rule of law, reform of the justice system and reinforcement of anti-fraud, anti-corruption and anti-money laundering;
2016/09/01
Committee: ECON
Amendment 160 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point d
(d) education and training, labour market policies to boost the creation of good jobs, social inclusion, social security and social welfare systems, public health, the fight against poverty and healthcare systems, asylum, migration and borders policies;
2016/09/01
Committee: ECON
Amendment 172 #

2015/0263(COD)

Proposal for a regulation
Article 4 – paragraph 1
The general objective of the Programme shall be to contribuhelp Member States to institutional, administrative and structural reforms in the Member States byboost their growth, investment and policies for the creation of good jobs, social welfare and the fight against providing support to national authorities forerty and social exclusion, as well as to become more competitive, by taking measures aimed at reforming institutions, governance, administration, economic and social sectors in response to economic and social challenges with a view to enhancing competitiveness, growth, jobs, and investmentsocial well-being, in particular in the context of economic governance processes with a social dimension, including through assistance for the efficient and effective use of the Union funds.
2016/09/20
Committee: REGI
Amendment 178 #

2015/0263(COD)

Proposal for a regulation
Recital 21
(21) In order to adapt the list of indicators measuring the achievement of the objectives of the Programme, in the light of experience during the implementation of the Programme, the power to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the amendment of the list. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council, in particular where investment, employment, education, health and the fight against poverty are concerned.
2016/09/09
Committee: EMPL
Amendment 179 #

2015/0263(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Taking into account the principles of transparency, equal treatment, respect for the role of the social partners and sound financial management, further to a dialogue with the Member State, including in the context of the European Semester, the Commission shall analyse the request for support referred to in paragraph 1 based on the urgency, breadth and depth of the problems identified, support needs in respect of the policy areas concerned, analysis of socioeconomic indicators and general administrative capacity of the Member State. Taking into account the existing actions and measures financed by Union funds or other Union programmes, the Commission in close cooperation with the Member State concerned shall identify the priority areas for support, the scope of the support measures to be provided and the global financial contribution for such support.
2016/09/01
Committee: ECON
Amendment 180 #

2015/0263(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point a
(a) the implementation of reforms in the context of economic governance processes, in particular of the relevant Country Specific Recommendations issued in the context of the European Semester or of relevant actions related to the implementation of Union law; The main objectives of the reforms shall be growth, the stimulation of investment, the creation of good jobs, the promotion of high- quality education and social protection, equal opportunities and the fight against poverty.
2016/09/01
Committee: ECON
Amendment 182 #

2015/0263(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point b
(b) the implementation of economic adjustment programmes for Member States that receive Union financial assistance under existing instruments, in particular in accordance with Regulation (EU) No 472/2013 of the European Parliament and of the Council23 for the euro area Member States and Council Regulation (EC) No 332/200224 for non-euro area Member States; The main objectives shall be growth, the stimulation of investment, the creation of good jobs, the promotion of high-quality education and social protection, equal opportunities and the fight against poverty. _________________ 23 Regulation (EU) No 472/2013 of the European Parliament and of the Council of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability (OJ L 140, 27.5.2013, p. 1). 24 Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States' balances of payments (OJ L 53, 23.2.2002, p. 1).
2016/09/01
Committee: ECON
Amendment 184 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) to assist the initiatives of national authorities to design their reforms in such a way that they promote growth and social well-being according to priorities, taking into account initial conditions and expected socio- economic impacts;
2016/09/20
Committee: REGI
Amendment 186 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) to support the national authorities to enhance their capacity to formulate, develop and implement reform policies and strategies connected with growth and social well-being and pursue an integrated approach ensuring consistency between goals and means across sectors;
2016/09/20
Committee: REGI
Amendment 192 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) to assist the national authorities to enhance the efficiency and effectiveness of social dialogue and human resources management, where appropriate, through definition of clear responsibilities and increase of professional knowledge and skills.
2016/09/20
Committee: REGI
Amendment 195 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 1– subparagraph 2
These objectives shall be pursued in close cooperation with Beneficiary Member States and with due respect for Member States’ priorities and for dialogue with the social partners.
2016/09/20
Committee: REGI
Amendment 199 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. The specific objectives set out in paragraph 1 shall refer to policy areas related to competitiveness, growth, jobs, social cohesion and investment, in particular to the following:
2016/09/20
Committee: REGI
Amendment 205 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b
(b) institutional reform and efficient and high-quality public service-oriented functioning of public administration, effective rule of law, reform of the justice system and reinforcement of anti-fraud, anti-corruption and anti-money laundering;
2016/09/20
Committee: REGI
Amendment 206 #

2015/0263(COD)

Proposal for a regulation
Article 4 – paragraph 1
The general objective of the Programme shall be to contribuhelp Member States to institutional, administrative and structural reforms in the Member States by providing support to national authorities forboost their growth, their investment and their policies for the creation of good jobs, social protection and the fight against poverty and social exclusion, as well as to become more competitive, by taking measures aimed at reforming institutions, governance, administration, economic and social sectors in response to economic and social challenges with a view to enhancing competitiveness, growth, jobs, and investmentsocial well-being, in particular in the context of social economic governance processes, including through assistance for the efficient and effective use of the Union funds.
2016/09/09
Committee: EMPL
Amendment 211 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point d
(d) education and training, labour market policies for the creation of good jobs, social inclusion, social security and social welfare systems, the fight against poverty, public health and healthcare systems, asylum, migration and borders policies;
2016/09/20
Committee: REGI
Amendment 213 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) to assist the initiatives of national authorities to design their reforms in such a way that they promote growth and social well-being according to priorities, taking into account initial conditions and expected socio- economic impacts;
2016/09/09
Committee: EMPL
Amendment 214 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) to support the national authorities to enhance their capacity to formulate, develop and implement reform policies and strategies connected with growth and social well-being and pursue an integrated approach ensuring consistency between goals and means across sectors;
2016/09/09
Committee: EMPL
Amendment 218 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d
(d) to assist the national authorities to enhance the efficiency and effectiveness of social dialogue and human resources management, where appropriate, through definition of clear responsibilities and increase of professional knowledge and skills.
2016/09/09
Committee: EMPL
Amendment 222 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
These objectives shall be pursued in close cooperation with Beneficiary Member States and with due respect for Member States’ priorities and for dialogue with the social partners.
2016/09/09
Committee: EMPL
Amendment 225 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 2 – introductory part
2. The specific objectives set out in paragraph 1 shall refer to policy areas related to competitiveness, growth, jobs, social cohesion and investment, in particular to the following:
2016/09/09
Committee: EMPL
Amendment 227 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b
(b) institutional reform and efficient and high-quality public service-oriented functioning of public administration, effective rule of law, reform of the justice system and reinforcement of anti-fraud, anti-corruption and anti-money laundering;
2016/09/09
Committee: EMPL
Amendment 231 #

2015/0263(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point d
(d) education and training, labour market policies for the creation of good jobs, social inclusion, social security and social welfare systems, public health systems, the fight against poverty, and healthcare systems, and asylum, migration and borders policies;
2016/09/09
Committee: EMPL
Amendment 234 #

2015/0263(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Taking into account the principles of transparency, equal treatment, respect for the role of the social partners and sound financial management, further to a dialogue with the Member State, including in the context of the European Semester, the Commission shall analyse the request for support referred to in paragraph 1 based on the urgency, breadth and depth of the problems identified, support needs in respect of the policy areas concerned, analysis of socioeconomic indicators and general administrative capacity of the Member State. Taking into account the existing actions and measures financed by Union funds or other Union programmes, the Commission in close cooperation with the Member State concerned shall identify the priority areas for support, the scope of the support measures to be provided and the global financial contribution for such support.
2016/09/20
Committee: REGI
Amendment 237 #

2015/0263(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point a
(a) the implementation of reforms in the context of economic governance processes, in particular of the relevant Country Specific Recommendations issued in the context of the European Semester or of relevant actions related to the implementation of Union law; the main objectives of the reforms shall be growth, stimulation of investment, the creation of good jobs and the promotion of high- quality education and social welfare, equal opportunities and action against poverty;
2016/09/20
Committee: REGI
Amendment 239 #

2015/0263(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point b
(b) the implementation of economic adjustment programmes for Member States that receive Union financial assistance under existing instruments, in particular in accordance with Regulation (EU) No 472/2013 of the European Parliament and of the Council23 for the euro area Member States and Council Regulation (EC) No 332/200224 for non-euro area Member States; the main objectives shall be growth, stimulation of investment, the creation of good jobs and the promotion of high-quality education and social welfare, equal opportunities and action against poverty; __________________ 23 Regulation (EU) No 472/2013 of the European Parliament and of the Council of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability (OJ L 140, 27.5.2013, p. 1). 24 Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States’ balances of payments (OJ L 53, 23.2.2002, p. 1).
2016/09/20
Committee: REGI
Amendment 253 #

2015/0263(COD)

Proposal for a regulation
Article 7 – paragraph 2
2. Taking into account the principles of transparency, equal treatment, respect for the role of the social partners and sound financial management, further to a dialogue with the Member State, including in the context of the European Semester, the Commission shall analyse the request for support referred to in paragraph 1 based on the urgency, breadth and depth of the problems identified, support needs in respect of the policy areas concerned, analysis of socioeconomic indicators and general administrative capacity of the Member State. Taking into account the existing actions and measures financed by Union funds or other Union programmes, the Commission in close cooperation with the Member State concerned shall identify the priority areas for support, the scope of the support measures to be provided and the global financial contribution for such support.
2016/09/09
Committee: EMPL
Amendment 255 #

2015/0263(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point a
(a) the implementation of reforms in the context of economic governance processes, in particular of the relevant Country Specific Recommendations issued in the context of the European Semester or of relevant actions related to the implementation of Union law; the main objectives of the reforms shall be growth, stimulation of investment, the creation of good jobs and the promotion of high- quality education and social protection, equal opportunities and action against poverty;
2016/09/09
Committee: EMPL
Amendment 256 #

2015/0263(COD)

Proposal for a regulation
Article 7 – paragraph 3 – point b
(b) the implementation of economic adjustment programmes for Member States that receive Union financial assistance under existing instruments, in particular in accordance with Regulation (EU) No 472/2013 of the European Parliament and of the Council23 for the euro area Member States and Council Regulation (EC) No 332/200224 for non-euro area Member States; the main objectives shall be growth, stimulation of investment, the creation of good jobs and the promotion of high-quality education and social protection, equal opportunities and action against poverty; __________________ 23 Regulation (EU) No 472/2013 of the European Parliament and of the Council of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability (OJ L 140, 27.5.2013, p. 1). 24 Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States' balances of payments (OJ L 53, 23.2.2002, p. 1).
2016/09/09
Committee: EMPL
Amendment 42 #

2015/0068(CNS)

Proposal for a directive
Recital 5
(5) The possibility that the provision of information may be refused where it would lead to the disclosure of a commercial, industrial or professional secret or of a commercial process, or of information whose disclosure would be contrary to public policy should not apply to provisions of mandatory automatic exchange of information on advance cross- border rulings and advance pricing arrangements in order not to reduce the effectiveness of these exchanges. The limited nature of the information that is required to be shared with all Member States should ensure sufficient protection of those commercial interests.
2015/09/24
Committee: ECON
Amendment 48 #

2015/0068(CNS)

Proposal for a directive
Recital 6
(6) In order to reap the benefits of the mandatory automatic exchange of advance cross-border rulings and advance pricing arrangements, the information should be communicated promptlyimmediately after and at the latest one month after the end of the quarter during which after they are issued and therefore regular intervals for the communication of the information should be established (at least twice a year).
2015/09/24
Committee: ECON
Amendment 48 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8 c (new)
Article 8c Minimum tax rate A minimum tax rate shall be established.
2015/09/24
Committee: JURI
Amendment 51 #

2015/0068(CNS)

Proposal for a directive
Recital 7
(7) The mandatory automatic exchange of advance cross-border rulings and advance pricing arrangements should in each case include communication of a defined set of basic information to all Member States. The Commission should adopt any measures necessary to standardise the communication of such information under the procedure laid down in Directive 2011/16/EC for establishing a standard form to be used for the exchange of information. That procedure should also be used in the adoption of any necessary measures and practical arrangements for the implementation of the information exchange.
2015/09/24
Committee: ECON
Amendment 54 #

2015/0068(CNS)

Proposal for a directive
Recital 8
(8) Member States should exchange the basic information to be communicated also with the Commission. This would enable the Commission at any point in time to monitor and evaluate the effective application of the automatic exchange of information on advance cross-border rulings and advance pricing arrangements. Such communication will not discharge a Member State from its obligations to notify any state aid to the Commission.
2015/09/24
Committee: ECON
Amendment 64 #

2015/0068(CNS)

Proposal for a directive
Recital 10
(10) A Member State should be able to rely on Article 5 of Directive 2011/16/EU as regards the exchange of information on request to obtain additional information, including the full text of advance cross- border rulings or advance pricing arrangements, from the Member State having issued such rulings or arrangements.
2015/09/24
Committee: ECON
Amendment 65 #

2015/0068(CNS)

Proposal for a directive
Recital 11
(11) Member States should take all measures necessary to remove any obstacle that might hinder the effective and widest possible mandatory automatic exchange of information on advance cross-border rulings and advance pricing arrangements.
2015/09/24
Committee: ECON
Amendment 71 #

2015/0068(CNS)

Proposal for a directive
Recital 12 a (new)
(12a) In order to enhance transparency for citizens, the Commission should publish an anonymised summary of the main tax rulings agreed in the previous year, based on information contained in the secure central directory. In doing so, the Commission should comply with the confidentiality provisions laid down in Article 23a.
2015/09/24
Committee: ECON
Amendment 75 #

2015/0068(CNS)

Proposal for a directive
Recital 15
(15) The existing provisions regarding confidentiality should be amended to reflect the extension of mandatory automatic exchange of information to advance cross-border rulings and advance pricing arrangements.
2015/09/24
Committee: ECON
Amendment 85 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2011/16/EU
Article 3 – point 14 – introductory part
14. 'advance cross-border ruling' means any agreement, communication, or any other instrument or action with similar effects, including one issued in the context of a tax audit, which:
2015/09/24
Committee: ECON
Amendment 87 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2011/16/EU
Article 3 – point 14 – point c
(c) relates to a cross-border transaction or to the question of whether or not activities carried on by a legal person in the other Member State create a permanent establishment, and;
2015/09/24
Committee: ECON
Amendment 88 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2011/16/EU
Article 3 – point 14 – subparagraph 2
The cross-border transaction may involve, but is not restricted to, the making of investments, the provision of goods, services, finance or the use of tangible or intangible assets and does not have to directly involve the person receiving the advance cross-border ruling;
2015/09/24
Committee: ECON
Amendment 89 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Directive 2011/16/EU
Article 3 – point 15 – subparagraph 1
'advance pricing arrangement' means any agreement, communication or any other instrument or action with similar effects, including one issued in the context of a tax audit, given by, or on behalf of, the government or the tax authority of one or more Member States, including any territorial or administrative subdivision thereof, to any person that determines in advance of cross-border transactions between associated enterprises, an appropriate set of criteria for the determination of the transfer pricing for those transactions or determines the attribution of profits to a permanent establishment.
2015/09/24
Committee: ECON
Amendment 104 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 1
1. The competent authority of a Member State issuing or amending an advance cross-border ruling or an advance pricing arrangement after the date of entry into force of this Directive shall, by automatic exchange, communicate information thereon to the competent authorities of all other Member States as well as to the European Commission.
2015/09/24
Committee: ECON
Amendment 110 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 2
2. The competent authority of a Member State shall also communicate information to the competent authorities of all other Member States as well as to the European Commission on advance cross-border rulings and advance pricing arrangements issued within a period beginning ten years before the entry into force but still valid on the date of entry into force of this Directive;
2015/09/24
Committee: ECON
Amendment 120 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 3
3. Paragraph 1 shall notalso apply in a case where an advance cross-border ruling exclusively concerns and involves the tax affairs of one where the request for an advance ruling relates to a legal structure without legal personality. In that instance, the competent authority of the Member State issuing the advance ruling shall forward the information it has to the competent authorities of all other Member States and shall arrange for the memorandum of incorporation to be transferred to the Member State or States where the incorporator more natural persons incorporators and the beneficiary or beneficiaries are resident.
2015/09/24
Committee: ECON
Amendment 122 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 4 – point a
(a) in respect of the information exchanged pursuant to paragraph 1: withinimmediately after and at the latest one month followingafter the end of the quarter during which the advance cross-border rulings or advance pricing arrangements have been issued or amended.
2015/09/24
Committee: ECON
Amendment 124 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 4 – point b
(b) in respect of the information exchanged pursuant to paragraph 2: before 31 December 2016within three months following the entry into force;
2015/09/24
Committee: ECON
Amendment 127 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 5 – point b
(b) the content of the advance cross-border ruling or advance pricing arrangement, including a description of the relevant business activities or transactions or series of transactions;
2015/09/24
Committee: ECON
Amendment 129 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 5 – point d
(d) the identification of the other Member States likely to be directly or indirectly concerned by the advance cross-border ruling or advance pricing arrangement;
2015/09/24
Committee: ECON
Amendment 130 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 5 – point e
(e) the identification of any person, other than a natural person, in the other Member States likely to be directly or indirectly affected by the advance cross-border ruling or advance pricing arrangement (indicating to which Member State the affected persons are linked).
2015/09/24
Committee: ECON
Amendment 131 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 5 – point e a (new)
(ea) as soon as it is available, the European Tax identification Number (TIN) as outlined in the Commission's Action Plan on the fight against tax fraud and tax evasion of 2012.
2015/09/24
Committee: ECON
Amendment 132 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 5 – point e b (new)
(eb) a description of the set of criteria used and of the arrangements applicable where, by means of a de jure or de facto mechanism, the taxpayer's taxable base is reduced by derogation from the standard rules of the Member State issuing the opinion, involving, for example, authorisation for a faster rate of amortisation than is customary or deduction of costs not directly incurred or not actually incurred by the taxpayer;
2015/09/24
Committee: ECON
Amendment 133 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 5 – point e c (new)
(ec) a description of the set of criteria used and of the arrangements applicable where a taxpayer is granted a rate of taxation which is lower than the standard rate in the Member State issuing the opinion;
2015/09/24
Committee: ECON
Amendment 134 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 5 – point e d (new)
(ed) a description of the set of criteria used and of the mechanism applied where a party to that mechanism is established in a third country in which taxation is either non-existent or much more favourable.
2015/09/24
Committee: ECON
Amendment 135 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 5 a (new)
5a. Member States shall require each issuer to annually publicly disclose, specifying by Member State and by third country in which it has a subsidiary, the following information on a consolidated basis for the financial year : (a) name(s), nature of activities and geographical location, (b) turnover, (c) number of employees on a full-time equivalent basis, (d) profit or loss before tax, (e) tax on profit or loss, (f) public subsidies received.
2015/09/24
Committee: ECON
Amendment 136 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 6
6. To facilitate the exchange the Commission shall adopt any measures and practical arrangements necessary for the implementation of this Article, including measures to standardise the communication of the information set out in paragraph 5 of this Article, as part of the procedure for establishing the standard form provided in Article 20(5). In Member States where decentralised territorial or administrative bodies are endowed with fiscal-related competences, the Commission shall assist member states to ensure that they meet their responsibility to provide training and support to these bodies.
2015/09/24
Committee: ECON
Amendment 138 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 8
8. Member States – or their territorial or administrative bodies including local authorities if applicable – may, in accordance with Article 5, request additional information, including the full text of an advance cross- border ruling or an advance pricing arrangement, from the Member State which issued it.
2015/09/24
Committee: ECON
Amendment 139 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8a – paragraph 8 a (new)
8a. A minimum tax rate shall be established.
2015/09/24
Committee: ECON
Amendment 146 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2011/16/EU
Article 8b – paragraph 2 a (new)
2a. Before 1 October 2017, and on an annual basis thereafter, the Commission shall publish an anonymised summary of the main tax rulings agreed in the previous year, based on information contained in the secure central directory. In doing so, the Commission shall comply with the confidentiality provisions laid down in Article 23a.
2015/09/24
Committee: ECON
Amendment 157 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2011/16/EU
Article 20 – paragraph 5
5. The automatic exchange of information on advance cross-border rulings and advance pricing arrangements pursuant to Article 8a shall be carried out using a standard form once that form has been adopted by the Commission in accordance with the procedure referred to in Article 26(2).
2015/09/24
Committee: ECON
Amendment 161 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2011/16/EU
Article 21 – paragraph 5
5. TOn 31 December 2016 at the latest, the Commission shall develop a secure central directory where information to be communicated in the framework of Article 8a of this Directive mayust be recorded in order to satisfy the automatic exchange provided for in paragraphs 1 and 2 of Article 8a. The Commission shall have access to the information recorded in this directory. The necessary practical arrangements shall be adopted by the Commission in accordance with the procedure referred to in Article 26(2).
2015/09/24
Committee: ECON
Amendment 173 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
The following Article is inserted: “Article 23b The Commission must examine all sanctions to be established in instances of refusal or omission of information exchange.”
2015/09/24
Committee: ECON
Amendment 174 #

2015/0068(CNS)

Proposal for a directive
Article 1 – paragraph 1 – point 8 b (new)
Directive 2011/16/EU
Article 23 c (new)
The following Article is inserted: “Article 23c The Commission should accommodate and extend the working methods and the established criteria in the code of conduct in order to fight against the emergence of new forms of harmful fiscal practices within the present economic environment.”
2015/09/24
Committee: ECON
Amendment 109 #

2015/0009(COD)

Proposal for a regulation
Recital 2
(2) Comprehensive action is required to reverse the vicious circle created by a lack of investment. Structural reforms and fiscal responsibility are necessary preconditions for stimulating investment. Along with a renewed impetus towards investment financing, these preconditionstructural reforms which respect economic and social rights can contribute tod fiscal responsibility are a means of establishing a virtuous circle, where investment projects help support employment and demand and lead to a sustained increase in growth potential.
2015/03/19
Committee: BUDGECON
Amendment 285 #

2015/0009(COD)

Proposal for a regulation
Recital 15
(15) The EFSI should target projects with a higher risk-return profile than existing EIB and Union instruments to ensure additionality over existing operations. The EFSI should finance projects across the Union, including in the countries most affected by the financial crisis. The EFSI should only be used where financing is not available from other sources on reasonable terms.
2015/03/19
Committee: BUDGECON
Amendment 351 #

2015/0009(COD)

Proposal for a regulation
Recital 18
(18) In order to enable the EFSI to support investments, the Union should grant a guarantee of an amount equal to EUR 16 000 000 000. When provided on a portfolio basis, the guarantee coverage should be capped depending upon the type of instrument, such as debt, equity or guarantees, as a percentage of the volume of the portfolio of outstanding commitments. It is expected that when the guarantee is combined with EUR 5 000 000 000 to be provided by the EIB, that the EFSI support should generate EUR 60 800 000 000 additional investment by the EIB and EIF. This EUR 60 800 000 000 supported by the EFSI is expected to generate a total of EUR 315 000 000 000 in additional investment in the Union within the period 2015 to 2017. The principle of flexibility must apply as regards the neutralisation of the impact of Member State investments in the fund in the calculation of their deficit. Additional Member State contributions to the EFSI’s capital would increase this amount and thereby bring the Fund’s investments closer to actual needs. Guarantees that are attached to projects which are completed without a call on a guarantee are available for supporting new operations.
2015/03/25
Committee: BUDGECON
Amendment 954 #

2015/0009(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) pursuing in particular a general objective associated with infrastructure development, research, development and innovation; investment in education and training, health, information and communications technology; urban and rural development; development of the energy sector, etc.
2015/03/25
Committee: BUDGECON
Amendment 1073 #

2015/0009(COD)

Proposal for a regulation
Article 5 – paragraph 4 a (new)
4a. It is hoped that the principle of flexibility will take into account the impact of the new SEC2010 accounting standards on investment capacity driving the growth of certain public authorities;
2015/03/25
Committee: BUDGECON
Amendment 1115 #

2015/0009(COD)

Proposal for a regulation
Article 7 – paragraph 4 a (new)
4a. The EFSI shall implement provisions with respect to guaranteeing compliance with EU standards on the environment, labour, social and human rights and transparency.
2015/03/25
Committee: BUDGECON
Amendment 1117 #

2015/0009(COD)

Proposal for a regulation
Article 7 – paragraph 4 b (new)
4b. The EFSI shall ensure that social and environmental criteria are included in the implementation of the projects that it supports in order to combat dumping in those areas.
2015/03/25
Committee: BUDGECON
Amendment 1339 #

2015/0009(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
Transparency must be ensured, as well as proper assessment of the economic and social repercussions of loans made and the effectiveness of due diligence measures.
2015/03/19
Committee: BUDGECON
Amendment 1341 #

2015/0009(COD)

Proposal for a regulation
Article 13 – paragraph 1 b (new)
The EFSI must take all requisite measures to ensure the utmost reliability of financial intermediaries, to enhance transparency of the lending and to publish information on the amounts disbursed, the recipients of these funds, the regions and sectors to which they were allocated and the environmental, social and macroeconomic impact of these loans.
2015/03/19
Committee: BUDGECON
Amendment 1342 #

2015/0009(COD)

Proposal for a regulation
Article 13 a (new)
Article 13a It must be ensured that EFSI transparency policy complies with the provisions of Regulation 1049/2001 regarding public access to European Parliament, Council and Commission documents.
2015/03/19
Committee: BUDGECON
Amendment 83 #

2014/2254(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas, the rule of law is the backbone of European liberal democracy, and is one of the founding principles of the European Union stemming from the common constitutional traditions of all Member States;
2015/05/18
Committee: LIBE
Amendment 137 #

2014/2254(INI)

Motion for a resolution
Recital G
G. whereas many fundamental rights violations still occur in the EU and in Member States, as pointed out in reports by the Commission, the FRA, NGOs, the Council of Europe and the UN; such as the violations of the right to freedom of assembly and expression of civil society organisations, freedom of media, the institutional discrimination of LGBTI persons through marriage bans and anti- propaganda legislation, and the remaining high-levels of discrimination and hate crime and hate speech motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity;
2015/05/18
Committee: LIBE
Amendment 219 #

2014/2254(INI)

Motion for a resolution
Paragraph 4 – point c
(c) develop, in cooperation with the FRA, a database that collates and publishes data onbe based on a system of annual country assessment, developed by the Commission and the Council, on the compliance with the rule of law and the situation regardingof fundamental rights in the EU and in individual Member States; reiterates, iall Member States of the European Union, based on data of FRA, Council of Europe and its Venice Commission and NGOs. In that connection, the need for the Commission to propose a revision of the FRA Regulation is essential in order to grant the FRA wider powers; in particular in relation to the situation assessment in each Member States and the possibility of the FRA auto-referral as part of an alert mechanism;
2015/05/18
Committee: LIBE
Amendment 279 #

2014/2254(INI)

Motion for a resolution
Paragraph 6 b (new)
6b. Calls on the Council to push for a more ambitious plan on the rule of law framework that enables the various European institutions to monitor and safeguard Member States' compliance with the rule of law; either in form of a Treaty change, allowing the fundamental values enshrined in Article 2 to be monitored and safeguarded beyond the areas covered by EU law, or in form of a peer review, with the involvement of the European institutions and possibly the Council of Europe and its Venice Commission; considers that such ambitious plan should also foresee a more important role for the European Court of Justice that is not limited to procedural guarantees;
2015/05/18
Committee: LIBE
Amendment 312 #

2014/2254(INI)

Motion for a resolution
Paragraph 7
7. Deplores recent instancecidents of anti- Semitic and anti-Islamophobic discrimination and violence; calls on Member States to protect freedom of thought, conscience, religion or belief and to promote tolerance, as well as to ban any form of discrimination and exception from the law on grounds of individuals' personal choice of thought, conscience, religion or belief;
2015/05/12
Committee: LIBE
Amendment 338 #

2014/2254(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Deplores incidents of hate speech and hate crime motivated by racism, xenophobia, religious intolerance, or by bias against a person's disability, sexual orientation or gender identity, which occur in the EU on a daily basis; calls on Member States to protect fundamental rights and to promote tolerance;
2015/05/12
Committee: LIBE
Amendment 354 #

2014/2254(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Urges the EU and the Member States to mainstream social inclusion and non- discrimination measures in future internal security strategies;
2015/05/12
Committee: LIBE
Amendment 409 #

2014/2254(INI)

Motion for a resolution
Paragraph 8
8. Deplores the fact that even today people belonging to any kind of minorities are still victims of discrimination throughout the EU;
2015/05/12
Committee: LIBE
Amendment 440 #

2014/2254(INI)

Motion for a resolution
Paragraph 9
9. Strongly deplores the fact that negotiations withat the Council has still not adopted the 2008 proposal for a Directive on implementing the Council on the proposal for an anti-discrimination directive have stalled, andprinciple of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the prioritization of this Directive by the European Commission; reiterates its call to the Council to adopt the proposal as soon as possible;
2015/05/12
Committee: LIBE
Amendment 444 #

2014/2254(INI)

Motion for a resolution
Paragraph 9
9. Strongly deplores the fact that negotiations withat Council has still not adopted the 2008 proposal for a Directive on implementing the Council on the proposal for an anti-discrimination directive have stalled,principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the prioritisation of this Directive by the European Commission; and reiterates its call to the Council to adopt the proposal as soon as possible;
2015/05/12
Committee: LIBE
Amendment 487 #

2014/2254(INI)

Motion for a resolution
Paragraph 10 c (new)
10c. Deplores that ethnic minorities continue to face widespread discrimination in law enforcement and judicial system as well as over-policing practices such as ethnic profiling and unequal treatment;
2015/05/12
Committee: LIBE
Amendment 514 #

2014/2254(INI)

Motion for a resolution
Paragraph 11
11. Condemns all forms of discrimination and violence on EU territory against lesbian, gay, transsexualgender, bisexual and intersex people (LGBTI), as fostered by laws and policies that restrict the fundamental rights of these persons; calls on the Commission and Member States to adopt laws and policies to combat homophobia and transphobia; calls on the Commission to issue an action plan or strategy against homophobia and for equality on grounds of sexual orientation and gender identity by the end of this year, as repeatedly called for by Parliament and as promised by Commissioner Jourova in the process of the Commission hearings;
2015/05/12
Committee: LIBE
Amendment 525 #

2014/2254(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Considers that LGBTI people's fundamental rights are more likely to be safeguarded if they have access to legal institutions such as cohabitation, registered partnership or marriage; welcomes the fact that 18 Member States currently offer these options, and calls on other Member States to consider doing so;
2015/05/12
Committee: LIBE
Amendment 572 #

2014/2254(INI)

Motion for a resolution
Paragraph 13
13. Expresses its concerns regarding investigations and convictions in connection with hate crimes in the Member States; calls on the EU to make the fight against hate crimes a priority when drawing up European policies against discrimination and in the field of justice; calls for a review of the framework decision on racism and xenophobiaEuropean legislation against hate speech and hate crime expanding it to the grounds of religion, disability, sexual orientation and gender identity; in order to fully cover all forms of hate crimes and crimes committed with a bias or discriminatory motive related to the victims’ personal characteristics, and to clearly define consistent investigation and prosecution standards;
2015/05/19
Committee: LIBE
Amendment 595 #

2014/2254(INI)

Motion for a resolution
Paragraph 13 d (new)
13d. Condemns all forms of discrimination and violence on EU territory against members of specific ethnic and religious communities; calls on the Commission and the Member States to adopt specific policy commitments to combat all forms of racism, including anti-Semitism, Islamophobia, Afrophobia and anti- Gypsyism;
2015/05/19
Committee: LIBE
Amendment 683 #

2014/2254(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Calls on EU institutions to put solidarity and a human rights based approach at the heart of the EU migration policies. Calls on the EU institutions to guarantee that sufficient resources are made available to implement a search and rescue operation in the Mediterranean and promote legal and safe routes for people fleeing wars and seeking for international protection;
2015/05/19
Committee: LIBE
Amendment 770 #

2014/2254(INI)

Motion for a resolution
Paragraph 18
18. Emphasises that, in Member States subject to economic adjustment programmes, the EU institutions are also responsible for the associated conditions; stresses that the EU institutions are always under an obligation to observe the Charter, even when acting outside the framework of EU law, thus, under no circumstances obligations imposed to Member States by the economic adjustment programmes should lead to restrictions and violations of fundamental rights guaranteed in the EU Charter;
2015/05/19
Committee: LIBE
Amendment 780 #

2014/2254(INI)

Motion for a resolution
Paragraph 19
19. Calls on the EU institutions to look into the impact on fundamental rights of the measures proposed or implemented to deal with the crisis and to take remedial action immediately; ensure, empower and promote the involvement of civil society organization in monitoring applications of fundamental rights in Member States and designing and implementing remedial actions;
2015/05/19
Committee: LIBE
Amendment 782 #

2014/2254(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Calls on the EU institutions and on the Member States to recognise that long- term investment in social inclusion is beneficial as it tackles the high cost of discrimination and inequality; calls on EU institutions and the Member States to ensure that access to justice and redressing discrimination are not put in danger by drastic funding cuts in equality bodies budgets; calls on EU and national institutions not to threaten social inclusion by budgetary measures threatening the survival of community- based organisations working for equality;
2015/05/19
Committee: LIBE
Amendment 790 #

2014/2254(INI)

Motion for a resolution
Paragraph 20
20. Calls on the EU institutions, when adopting and implementing austerity measures, to further strengthen the role of the European Union in the protection and promotion of economic, social and cultural rights and to guarantee that sufficient resources are still made available to ensure the satisfaction of minimum essential levels of economicthis aim, especially when adopting and implementing austerity measures; this should also possibly include the extension of the social rights in the EU Charter to other social rights mentioned in the revised Social Charter of the Council of Europe such as the right to work, the right to fair remuneration, the right to be protected from poverty and social rightsexclusion;
2015/05/19
Committee: LIBE
Amendment 891 #

2014/2254(INI)

Motion for a resolution
Paragraph 22 b (new)
22b. Recognises that the financial and economic crisis has had a serious negative impact on the realisation of children’s rights and well-being;
2015/05/19
Committee: LIBE
Amendment 893 #

2014/2254(INI)

Motion for a resolution
Paragraph 22 c (new)
22c. Calls on Member States to step up their efforts on tackling child poverty and social exclusion through effective implementation of the European Commission Recommendation ‘Investing in children: breaking the cycle of disadvantage’ through integrated strategies supporting access to adequate resources, enabling access to affordable quality services and promoting children’s participation in decision making that affects them; calls on the Commission to take further measures for monitoring the implementation of the Recommendation;
2015/05/19
Committee: LIBE
Amendment 3 #

2014/2253(INI)

Draft opinion
Paragraph 2 a (new)
2a. Draws attention to the fact that the austerity measures imposed on Member States have resulted in public spending cuts which may make it more difficult for government bodies and the courts in some Member States to apply EU law correctly;
2015/05/28
Committee: LIBE
Amendment 6 #

2014/2253(INI)

Draft opinion
Paragraph 5
5. Stresses that trafficking in human beings is a serious crime and represents a violation of human rights and human dignity that the Union cannot tolerate; deplores the fact that the number of people being trafficked to and from the EU is rising; points out that, although the legal framework is adequate, its concrete implementation by the Member States is still deficient; stresses that the current situation in the Mediterranean has increased the likelihood of trafficking, and calls on the Member States to take an extremely firm line with perpetrators of such crimes and to protect the victims as effectively as possible;
2015/05/28
Committee: LIBE
Amendment 19 #

2014/2253(INI)

Draft opinion
Paragraph 9
9. Welcomes the efforts made by the Commission during the past years and acknowledges the range of measures that have been put in place to assist Member States with implementation (correlation tables, conformity checking, scoreboards and barometers, guidelines, etc); considers, however,stresses, nonetheless, that the Commission’s Regulatory Fitness and Performance Programme (REFIT), one of the main aims of which is to improve lawmaking, must not be allowed to undermine people’s basic right to health care, as established in Article 35 of the Charter of Fundamental Rights and elsewhere, and considers that the information on the implementation of EU law in the AFSJ should be more structured, detailed, transparent and accessible; points out that the annual monitoring report could be supplemented by other measures that would allow Parliament to be more regularly and thoroughly informed about the state of implementation, delays, incorrect transposition, incorrect implementation and infringement procedures, with regard to each legal instrument adopted in the area of justice and home affairs.
2015/05/28
Committee: LIBE
Amendment 49 #

2014/2245(INI)

Draft opinion
Paragraph 4
4. Welcomes the ‘investment clause’ outlined in the Commission communication on flexibility within the SGP; strongly believes that the investment clause should be symmetrically extended to the corrective arm; insists in this respect on the establishment of a favourable climate for the development of public- sector investment; wishes that the flexibility principle keep in mind the impact of the new accounting standards ESA2010 on the investment capacity of some public authorities;
2015/03/26
Committee: ECON
Amendment 63 #

2014/2245(INI)

Draft opinion
Paragraph 5 a (new)
5a. Calls to set up productive investments that have a significant impact on real economy and employment rate
2015/03/26
Committee: ECON
Amendment 76 #

2014/2245(INI)

Draft opinion
Paragraph 6 a (new)
6a. Calls to continue to invest in Structural Funds across all regions including transition areas in order to not interrupt the effects of means and efforts already implemented;
2015/03/26
Committee: ECON
Amendment 17 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph b
b. take immediate action to ensure that free and fair competition on both sides of the Atlantic, as well as market access, is addressed on the basis of the highest standards possible within the existinghilst working for even higher levels of protection, especially within areas such as health and safety, consumer, labour, social rights, regulation on financial services and environmental legislation;
2015/03/04
Committee: ECON
Amendment 42 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph d
d. take immediate action to ensure that market access negotiations on financial services are combined with upward convergence in financial regulation, meaning that the treaty and the mechanisms it sets up must have as their primary objective the protection of the public interest, consumers, workers, the environment and democracy, which must explicitly be given precedence over the remedying of trade distortions or the promotion of trade and investment, and must provide the requisite guarantees of transparency and democracy; support high international standards in on- going cooperation efforts in other international fora; ensure that initiatives in the area of regulatory cooperation do not curtail the regulatory and supervisory sovereignty of the EU and its Member States, including their power to ban financial activities and products;
2015/03/04
Committee: ECON
Amendment 53 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph e
e. take immediate action to ensure that aggressive tax planning, and distortion of competition by e.g. moving of headquarters across the Atlantic to obtain competition-distorting conditions, are addressedcalls on the Commission to come forward with an anti-BEPS Directive (base erosion and profit shifting) to end harmful competition by businesses, in particular multinationals, who organise their global tax position, often across the Atlantic, in a way that allows profit shifting towards lower tax jurisdictions;
2015/03/04
Committee: ECON
Amendment 65 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph f
f. take immediate action to ensure thatinclude legal measures within the TTIP to counter aggressive tax planning via the systematic movement of capital across the Atlantic, in order to avoid tax payments in the country of production and/or sale of goods or services, is addressed within the TTIP;
2015/03/04
Committee: ECON
Amendment 71 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph g
g. take immediate action to ensure reciprocal market access for European companies to public contracts in the United States; underlines that an imbalance of market access to public contracts constitutes unfair competition, guarantee that all public contracts lay down binding social, ethical and environmental criteria/guarantee that the more stringent social, ethical and environmental criteria secured by the European Parliament are not watered down and that further progress can still be made towards the systematic use of such clauses;
2015/03/04
Committee: ECON
Amendment 126 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph j
j. acknowledge theand emphasize the continued importance of state- owned enterprises for certain crucial public services such as public transportation, health care and education;
2015/03/04
Committee: ECON
Amendment 128 #

2014/2228(INI)

Draft opinion
Paragraph 1 – subparagraph j a (new)
ja. call for due account to be taken of the outcome of the public consultation procedure on investor-state dispute settlement (ISDS) mechanisms and for the inclusion of such mechanisms in the TTIP to be rejected.
2015/03/04
Committee: ECON
Amendment 104 #

2014/2222(INI)

Motion for a resolution
Paragraph 1 a (new)
1 a. Notes that the ambitious structural reforms introduced by those Member States most affected by the crisis have not borne fruit; calls therefore for a review of the austerity policy in Europe and, given the context, for the encouragement of public investment;
2015/01/30
Committee: EMPL
Amendment 125 #

2014/2222(INI)

Motion for a resolution
Paragraph 4
4. Regrets the fact that the European Fund for Strategic Investments (EFSI) will be based on recycled EU resources and will not raise public ‘fresh’ money, apart from an extra EUR 5 billion from the EIB; stresses the risks of an insufficient fund based on overly optimistic assumptions about the likelihood of attracting the bulk of the financing needed from private investors; calls on the CommissionEIB to consider using the EIB’s annual profits and undisbursed dividends to increase resources without endangering the bank’s AAA ratinga change in character from a purely commercial banking and AAA-rating methodology towards that of a project risk assessment model based on defined criteria and transparency; calls on the Commission to explore ways of using the EU budget and other, new resources to ensure that it will not fail to deliver;
2015/01/30
Committee: EMPL
Amendment 132 #

2014/2222(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Calls on the Commission and the EIB to assess the effect of the economic crisis in relations with the banking system and the final recipients of EIB funding, in particular regarding SMEs, social economy sector and public companies;
2015/01/30
Committee: EMPL
Amendment 140 #

2014/2222(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Stresses that once again, to re-launch growth and quality jobs in Europe, public capital is being used to offset the risk- aversion of the private sector by taking on the role of venture capital; recalls in this respect the very mixed results of the TLTRO operation launched by the ECB in 2014;
2015/01/30
Committee: EMPL
Amendment 157 #

2014/2222(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Insists in this respect on the establishment of a favourable climate for the development of public-sector investment; wishes in particular the neutralisation in calculations of the debt and deficits of public-sector investments made by public-sector operators of the Member States, in particular in view of the impact of the new accounting standards SEC2010 on the investment capacity of some public authorities; calls therefore for the European Central Bank to take appropriate decisions in this connection;
2015/01/30
Committee: EMPL
Amendment 200 #

2014/2222(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Calls for urgent action to be taken by the Commission to fight tax dumping, tax fraud and tax evasion and for the adoption at the Council level of an ambitious FTT, as both measures would enable public investment for growth and quality jobs;
2015/01/30
Committee: EMPL
Amendment 221 #

2014/2222(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission to design tailor-made policies to support quality job creation for the long-term unemployed, senior unemployed people, women and other priority groups hit especially hard by the crisis, such as immigrants or people with disabilities; calls for CSR to systemically address gender pay and pension gaps reduction;
2015/01/30
Committee: EMPL
Amendment 266 #

2014/2222(INI)

Motion for a resolution
Paragraph 21
21. Recalls that decent wages and social protections are important not only for social cohesion through fight against social dumping, but also for maintaining a strong economy with high internal demand and a productive labour force; calls on the Commission to submit a proposal for an ambitious European framework for minimum wages with a view to reducing wage inequalities and limiting nominal imbalances in competitiveness as well as an ambitious framework for minimum social protection thresholds;
2015/01/30
Committee: EMPL
Amendment 343 #

2014/2222(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Recalls the EU objectives in gender matter, notably the 75% employment rate of women and men by 2020 and the reduction by 20 millions of people in or at risk of poverty;
2015/01/30
Committee: EMPL
Amendment 374 #

2014/2222(INI)

Motion for a resolution
Paragraph 32
32. Welcomes the fact that the Joint Employment Report annexed to the AGS includes a scoreboard for employment and social policies; considers it regrettable, however, that these indicators are not sufficient and that they have not been made binding Commission is not bound to automatically readjust its macroeconomic analysis taking into account these indicators, which would allow them to be used more forcefully; asks the Commission to remedy this situation;
2015/01/30
Committee: EMPL
Amendment 6 #

2014/2221(INI)

Motion for a resolution
Recital A
A. whereas the economic recovery in the EU slowed down considerably in the course of 2014 but has a prospect of catching up in 2015 and of doing even better in 2016and there is great uncertainty about economic recovery in the EU despite the substantial fall in oil prices;
2015/01/19
Committee: ECON
Amendment 12 #

2014/2221(INI)

Motion for a resolution
Recital B
B. whereas the investment level has fallen by EUR 470 billion since the peak of the crisis, and the investment gap is EUR 230- 370 billion compared to its long-term trends which clearly demonstrates the need to encourage consistent private and public-sector investment to support recovery and create jobs;
2015/01/19
Committee: ECON
Amendment 15 #

2014/2221(INI)

Motion for a resolution
Recital B a (new)
Ba. having regard to the social and human toll and the poor economic results of the austerity policy within the Union;
2015/01/19
Committee: ECON
Amendment 22 #

2014/2221(INI)

Motion for a resolution
Paragraph 1
1. Notes that growth in 2014 is more broadly based; believes, however,has remained weak in 2014; believes that the recovery is still fragile and should be enhanced if it is to deliver substantially more growth and jobs in the medium term;
2015/01/19
Committee: ECON
Amendment 33 #

2014/2221(INI)

Motion for a resolution
Paragraph 2
2. WelcomNotes the Commission’s Annual Growth Survey 2015, which endeavours to promote a return to higher growth levels and to strengthen the recovery; supports the three main pillars approach (boosting investment, accelerating structural reforms and pursuing responsible growth friendly fiscal consolidation) as the right way to achieve these goals; welcomes the Commission’s suggestions for improving the European Semester by simplifying procedures and increasing national ownership as needed, considering that only 10-15 % of the Country Specific Recommendations are fully implemented by the Members States;
2015/01/19
Committee: ECON
Amendment 40 #

2014/2221(INI)

Motion for a resolution
Paragraph 3
3. Expresses concern that most Member States are still losing market shares globally and have a growing negative net international investment position; believes that the EU economy as a whole needs to boost its competitiveness further in the global economy, particularly by increasing competition in the product and services markets in order to enhance innovation- driven efficiency, while keeping labour costs in line with productivity, taking into account all the factors linked to competitiveness;
2015/01/19
Committee: ECON
Amendment 48 #

2014/2221(INI)

Motion for a resolution
Paragraph 4
4. Believes that the lack of investment is caused by low confidence, high indebtedness, slow deleveragingthe risk-aversion of the private sector, the absence of measures to encourage productive public investments and subdued expectations of demand;
2015/01/19
Committee: ECON
Amendment 63 #

2014/2221(INI)

Motion for a resolution
Paragraph 5
5. WelcomNotes with interest the Investment Plan for Europe, which is an important instrument for increasing private and public investment; notes that the plan is meant to trigger additional investment, develop new projects, attract investors and restore confidence;
2015/01/19
Committee: ECON
Amendment 75 #

2014/2221(INI)

Motion for a resolution
Paragraph 6
6. Calls on the Members States actively to support the Investment Plan, and to contribute to the European Fund for Strategic Investment, supplementing the amounts provided through the EU budget and by the EIB, in order to guide and encourage the private sector to invest; welcomes the principle of using public money to leverage and attract additional private capitalstresses that once again public capital is being used to offset the risk-aversion of the private sector by taking on the role of venture capital; recalls in this respect the very mixed results of the TLTRO operation launched by the ECB in 2014;
2015/01/19
Committee: ECON
Amendment 84 #

2014/2221(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Insists in this respect on the establishment of a favourable climate for the development of public- sector investment; wishes in particular the neutralisation in calculations of the debt and deficits of public-sector investments made by public-sector operators of the Member States, in particular in view of the impact of the new accounting standards SEC2010 on the investment capacity of some public authorities; calls therefore for the European Central Bank to take appropriate decisions in this connection;
2015/01/19
Committee: ECON
Amendment 97 #

2014/2221(INI)

Motion for a resolution
Paragraph 8
8. Is still concerned about the lack of progress in reducing excessive private debt levels; points out that this is not only a concern for financial stability, as it also limits the EU’s growth potential and makes the ECB’s monetary policy less effective; calls on the Commission to make proposals for the preparation of effective procedures for private sector deleveraging, including bankruptcy and insolvency procedures, as the huge debt burden weighing on companies and households is one of the key factors limiting private investment;
2015/01/19
Committee: ECON
Amendment 105 #

2014/2221(INI)

Motion for a resolution
Paragraph 9
9. WelcomesNotes that the ambitious structural reforms implementntroduced by those Member States most affected by the crisis; welcomes as well the fact that those Member States that have successfully implemented adjustment programmes or financial sector programmes have been able to return to the capital markets, where they now access capital at low interest rates have not borne fruit; calls therefore for a review of the austerity policy in Europe and, given the context, for the encouragement of public investment;
2015/01/19
Committee: ECON
Amendment 127 #

2014/2221(INI)

Motion for a resolution
Paragraph 10
10. Calls on the Member States to make their labour markets more efficient, to modernise social protection systems, including pensions, and to improve and streamline the legal and administrative environment for business investment; stresses that structural reforms need to be complemented by well-targeted, longer- term investments in education, the social sectors, research and development, innovation, infrastructure, ICT and sustainable energy;
2015/01/19
Committee: ECON
Amendment 150 #

2014/2221(INI)

Motion for a resolution
Paragraph 13
13. Calls for urgent actUrges the Commission to be taken by the Commiss urgent action to fight tax fraud and tax evasion; calls for a tax system that is harmonised, simple and transparent; reiterates its call on the Member States to shift taxes from labour to consumptionapital;
2015/01/19
Committee: ECON
Amendment 172 #

2014/2221(INI)

Motion for a resolution
Paragraph 17
17. Reiterates the importance of ensuring labour mobility (both cross-border and cross-sectoral), enhanced labour productivity (connected with skills traia quality workforce within the EU and ensuring full respect for the right to health and safety at work; recalls also the urgent need to adapt legislation concernings to improve employability) and labour market flexibility, while preserving the necessary scope of work securityhe posting of workers in order to put an end to the unacceptable practice of social dumping within the Union;
2015/01/19
Committee: ECON
Amendment 193 #

2014/2221(INI)

Motion for a resolution
Paragraph 19
19. Agrees with the Commission that most Member States need to continue to pursue growth-friendly fiscal consolidation; invites Member States with sufficient fiscal space to consider reducing taxes and social security contributions with a view to stimulating private investmentto switch the burden from labour to capital in order to stimulate job creation and economic recovery;
2015/01/19
Committee: ECON
Amendment 214 #

2014/2221(INI)

Motion for a resolution
Paragraph 20
20. Notes the Commission assessment of the Member States’ draft budgetary plans; stresses that the examination of draft budgetary plans should aim at sustainable finance; insists on the strictjudicious application of fiscal rules and on respect for the equal treatment principle;
2015/01/19
Committee: ECON
Amendment 32 #

2014/2156(INI)

Motion for a resolution
Paragraph 2
2. Points out, in that perspective, that national projections demonstrate that nearly half of all Member States will not achieve their national targets on education schemes and greenhouse gas reductions by 2020 and that trends regarding employment and poverty reduction are even worse, moving away rather than towards the national EU 2020 targets; and the 2030 climate and energy package;
2014/12/16
Committee: ECON
Amendment 83 #

2014/2156(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Calls on the EIB to consider a change in character from a purely commercial banking and AAA-rating methodology towards that of a project risk assessment model based on defined criteria and transparency;
2014/12/16
Committee: ECON
Amendment 101 #

2014/2156(INI)

Motion for a resolution
Paragraph 13
13. Insists that the evaluation to be carried out by the Commission in December 2014 take into account the negative impact of some projects in the PBI Pilot Phase; considers it regrettable that the EIB is supporting some unviable and unsustainable infrastructure projects which are neither climate-friendly nor address the needs and interests of the population they are intended to serve;
2014/12/16
Committee: ECON
Amendment 115 #

2014/2156(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Asks the EIB to evaluate and report in detail on the impacts on the real economy and results of its support to SMEs in Europe for the years 2010 - 2014;
2014/12/16
Committee: ECON
Amendment 118 #

2014/2156(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Notes the launching of the "Skills and jobs - Investing for Youth" initiative and asks the EIB to report on the implementation of this initiative;
2014/12/16
Committee: ECON
Amendment 131 #

2014/2156(INI)

Motion for a resolution
Paragraph 17
17. Calls on the EIB to step up its investment efforts with view to reducing significantly its carbon footprint, and to work on policies leading to more ambitious climate targets; requests that the EIB perform a climate assessment and review of all its activities in 2015, with a view to a renewed climate protection policy; calls on the EIB to make publicly available the results of the evaluation;
2014/12/16
Committee: ECON
Amendment 138 #

2014/2156(INI)

Motion for a resolution
Paragraph 19
19. Calls on the EIB to significantly increase its lending volume to energy efficiency projects in all sectors, notably where relating to process optimisation, SMEs, buildings and the urban environment; calls the EIB to support more projects especially in countries in economic difficulty in Europe;
2014/12/16
Committee: ECON
Amendment 154 #

2014/2156(INI)

Motion for a resolution
Paragraph 23 a (new)
23a. Draws attention to the fact that the EIB is required to make sure that its transparency policy is consistent with the provisions of Regulation (EC) No 1049/2001 on public access to European Parliament, Council and Commission documents;
2014/12/16
Committee: ECON
Amendment 161 #

2014/2156(INI)

Motion for a resolution
Paragraph 25 a (new)
25a. Encourages the EIB to make both direct funding and funding via intermediaries contingent upon the disclosure of both country-by-country tax relevant data along the lines of the CRD IV provision for credit institutions, as well as disclosure of beneficial ownership information. To this end, calls on the EIB to establish a new Responsible Taxation policy, starting from the review of its policy on Non-cooperative jurisdictions (NCJ policy) in 2015;
2014/12/16
Committee: ECON
Amendment 163 #

2014/2156(INI)

Motion for a resolution
Paragraph 25 b (new)
25b. Urges the EIB to take a leading and exemplary role on issues of tax transparency and responsibility; calls in particular the EIB to collect precise data on the tax payments resulting from its investment and lending operations, especially on taxation of corporate profits and particularly in developing countries, and to analyse and publish this data annually;
2014/12/16
Committee: ECON
Amendment 174 #

2014/2156(INI)

Motion for a resolution
Paragraph 30 a (new)
30a. Recalls previous demands from the European Parliament requesting that the European Court of Auditors produce a special report on the performance and alignment of EIB external lending activities with EU policies before the mid- term review of the EIB's external mandate in 2016, asks to be included in this report the added value in relation to the use EIB own resources;
2014/12/16
Committee: ECON
Amendment 176 #

2014/2156(INI)

Motion for a resolution
Paragraph 30 b (new)
30b. Asks also the European Court of Auditors to include in its analysis the management by the EIB of EU-budget derived funds in the context of the investment facility via the European Development Fund and through the various forms of blending via EU blending facilities, and the usage of reflows for these investments;
2014/12/16
Committee: ECON
Amendment 177 #

2014/2156(INI)

Motion for a resolution
Paragraph 31 a (new)
31a. Urges the Conference of Presidents to make a proposal for a single committee approach, with view to ensuring a permanently high level of accountability of the EIB towards the EP and civil society. Calls for the EIB and the EP to set up a platform for dialogue between the EIB and the relevant EP Committees; asks on this basis for the EIB to come to the European Parliament to report and discuss on EIB progress and activities on a quarterly basis;
2014/12/16
Committee: ECON
Amendment 11 #

2014/2155(INI)

Draft opinion
Paragraph 4
4. Reiterates its call for an independent and efficient EPPO, operating as a single office which investigates, prosecutes and brings to court the perpetrators of criminal offences affecting the Union’s financial interests, while ensuring that procedural safeguards for the suspected and accused persons are protected; stresses the importance of a common agreement of Parliament and the Council in the selection and appointment procedures for independent prosecutors with investigative powers in Member States; points out that establishing the EPPO will require effective coordination between the EPPO, EUROJUST and OLAF;
2014/12/09
Committee: LIBE
Amendment 17 #

2014/2155(INI)

Draft opinion
Paragraph 5 a (new)
5a. Recalls the findings and recommendations of the first Commission report on anti-corruption policy in the EU, published in February 2014, and reaffirms the particular importance of intensifying exchanges of the current good practices highlighted in that report;
2014/12/09
Committee: LIBE
Amendment 7 #

2014/2145(INI)

Motion for a resolution
Citation 14 a (new)
- having regard to the Commission’s Sixth report on economic, social and territorial cohesion of 23 July 2014 (COM(2014)0473),
2015/03/04
Committee: ECON
Amendment 13 #

2014/2145(INI)

Draft opinion
Paragraph 1
1. Is pleased with thein favour of a European economic governance framework, which, bywhile coordinating policies more closely in order to prevent major imbalances, must fosters smart, sustainable and inclusive growth in line with the targets set by the Europe 2020 strategy;
2015/02/02
Committee: EMPL
Amendment 35 #

2014/2145(INI)

Draft opinion
Paragraph 2
2. Welcomes the Commission's initiative to conduct an initial review of the framework's effectiveness with a view to assessing the effective and uniform application of governance rules by the Member States and by the Commission, as well as the pertinence thereof; also suggests that the review presents an opportunity for an exchange of views on the ways in which the framework could be deepenupdated;
2015/02/02
Committee: EMPL
Amendment 42 #

2014/2145(INI)

Draft opinion
Paragraph 2 a (new)
2a. Takes the view that recognition today by the Commission of the need for a massive investment programme constitutes a major shift in approach by the economic governance framework that has been discouraging investment over the last few years;
2015/02/02
Committee: EMPL
Amendment 45 #

2014/2145(INI)

Draft opinion
Paragraph 2 b (new)
2b. Stresses in this respect the need for a favourable public-sector investment climate; calls in particular for the neutralisation of public investment in calculating Member State debt, especially given the impact of the new SEC2010 accounting standards on the investment capacity of certain public authorities; calls for European Central Bank decision making to be adapted accordingly;
2015/02/02
Committee: EMPL
Amendment 51 #

2014/2145(INI)

Draft opinion
Paragraph 3
3. Calls for the European Semester to be strengthened and deepenreviewed as an effective way of preventing a crisis:; with this in mind, welcomes the Commission's proposal to focus its action not only on budget responsibility but also on investment and structural reform in or, providerd tohat they link the market economy with social progress;
2015/02/02
Committee: EMPL
Amendment 61 #

2014/2145(INI)

Draft opinion
Paragraph 3 a (new)
3a. Notes that the structural reforms introduced by those Member States worst affected have not borne fruit; urges that the austerity policy blindly followed in Europe be reviewed accordingly and public investment stepped up in response to the situation;
2015/02/02
Committee: EMPL
Amendment 83 #

2014/2145(INI)

Draft opinion
Paragraph 6
6. Calls on the Member States to implement the country-specific recommendations so as to support growth and jobs; calls on the Commission to submit to the European Parliament an annual assessment of the progress made as regards the effective implementation of those recommendations and their effects on the debt and deficit and on the social indicators, and points out that the assessment could be included as an annex to the Annual Growth Report;
2015/02/02
Committee: EMPL
Amendment 92 #

2014/2145(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas since 2008 regional disparities in employment, unemployment and per capita GDP have increased considerably between and within the majority of Member States;
2015/03/04
Committee: ECON
Amendment 101 #

2014/2145(INI)

Draft opinion
Paragraph 8
8. With a view to improving the effectiveness and focus of budget policies, calls on the Member States to press ahead with their efforts tomake the moderniseation of their labour markets and social security systems subject to maintaining quality of employment and social protection as a means of ensuring social cohesion, competitiveness and resistance to economic and financial crises; with this in mind, encourages them to share best practices;
2015/02/02
Committee: EMPL
Amendment 110 #

2014/2145(INI)

Draft opinion
Paragraph 8 a (new)
8a. Proposes to protect salary levels with regard to the inherent obligations associated with economic governance, at least at the levels negotiated in collective agreements;
2015/02/02
Committee: EMPL
Amendment 114 #

2014/2145(INI)

Draft opinion
Paragraph 9
9. So as to address the urgent situation with regard to youth unemployment, encourages the Commission to allow the Member States to use the available resources in an effective and focused way via precise, legally sound guidelines for the introduction of the youth employment initiative, and recommends that cross- border mobility be supported via the development of the EURES portal as a vector for youth employment;
2015/02/02
Committee: EMPL
Amendment 270 #

2014/2145(INI)

Motion for a resolution
Paragraph 5
5. Warns that the complexity and lack of transparency caused by the accumulation of procedures makes the economic governance framework complex and not transparent enough, which is detrimental to the ownership and acceptance by parliaments, social partners and citizens of guidelines, recommendations and reforms stemming from this framework, local and regional authorities and citizens;
2015/03/04
Committee: ECON
Amendment 284 #

2014/2145(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Suggests, in light of the fact that 16 of the 28 country-specific recommendations contained provisions relating explicitly to the competences of local and regional authorities, that these authorities should be more involved in line with the partnership principle governing the structural funds;
2015/03/04
Committee: ECON
Amendment 301 #

2014/2145(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Urges the Commission to assess the impact of the new ESA 2010 rules on the investment capacity of the public authorities and to ensure compliance with the principle of non-discrimination between public and private investments in accordance with Article 345 of the Treaty on the Functioning of the European Union;
2015/03/04
Committee: ECON
Amendment 451 #

2014/2145(INI)

Motion for a resolution
Paragraph 15
15. Invites the Commission and the Council to better articulate the fiscal and macroeconomic frameworks, notably in the corrective arm of the SGP, to allow for earlier debate among stakeholders, taking into account the need to increase convergence between euro area Member States and the role of national parliaments and social partners and, in the light of the allocation of powers within the Member States, the role of the regions and towns regarding the design and implementation of structural reforms;
2015/03/03
Committee: ECON
Amendment 477 #

2014/2145(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Suggests that, in connection with the Macro-economic Imbalances Procedure, use should be made of additional indicators relating to regional disparities;
2015/03/03
Committee: ECON
Amendment 664 #

2014/2145(INI)

Motion for a resolution
Paragraph 31 a (new)
31a. Insists that the European Parliament must, generally and systematically, be fully informed and consulted about decisions of the Eurogroup, and must play a genuine role of democratic control in assessing them;
2015/03/03
Committee: ECON
Amendment 8 #

2014/2122(DEC)

Draft opinion
Paragraph 4
4. Acknowledges that the ESFS is still in a setting-up phase and stresses that the tasks already entrusted to ESMA, as well as future tasks envisaged in on-going legislative work, require an adequate level of staff and budget to allow for satisfactory supervision; stresses however that any potential increases in its means should be preceded by rationalisation efforts wherever possible, wherever possible, by the rationalisation efforts necessary to avert any new crisis in the banking sector and the extremely damaging consequences entailed in human, social, and economic terms;
2015/01/09
Committee: ECON
Amendment 6 #

2014/2121(DEC)

Draft opinion
Paragraph 4
4. Acknowledges that the ESFS is still in a setting-up phase and stresses that the tasks already entrusted to EIOPA, as well as future tasks envisaged in on-going legislative work, require an adequate level of staff and budget to allow for satisfactory supervision; stresses however that any potential increases in its means should be preceded by rationalisation efforts wherever possible, wherever possible, by the rationalisation efforts necessary to avert any new crisis in the banking sector and the extremely damaging consequences entailed in human, social, and economic terms;
2015/01/09
Committee: ECON
Amendment 9 #

2014/2120(DEC)

Draft opinion
Paragraph 4
4. Acknowledges that the ESFS is still in a setting-up phase and stresses that the tasks already entrusted to EBA, as well as future tasks envisaged in on-going legislative work, require an adequate level of staff and budget to allow for satisfactory supervision; stresses however that any potential increases in its means should be preceded by rationalisation efforts wherever possible, wherever possible, by the rationalisation efforts necessary to avert any new crisis in the banking sector and the extremely damaging consequences entailed in human, social, and economic terms;
2015/01/09
Committee: ECON
Amendment 9 #

2014/0807(CNS)

Draft regulation
Recital 6
(6) The ECB should publish decisions imposing administrative pecuniary penalties for breaches of directly applicable Union law and sanctions for breaches of ECB regulations or decisions, both in the supervisory and non-supervisory fields, unless such publication would be disproportionate, considering the degree of severity of the administrative pecuniary penalty or sanction imposed on an undertaking, or jeopardise the stability of financial markets. Where the ECB considers that immediate publication of a decision would jeopardise the stability of financial markets or be disproportionate considering the degree of severity of the administrative pecuniary penalty or sanction imposed on an undertaking, it should have the discretion to delay the publication in question by up to one year from the date on which the decision was taken. Upon request the ECB should hold confidential discussions behind closed doors with the Chair and Vice-Chairs of the European Parliament committee with responsibility for such cases. The ECB should state the reasons for the delay in an annex to the publication in which the decision appears.
2014/10/21
Committee: ECON
Amendment 15 #

2014/0807(CNS)

Draft regulation
Article 1 – point 2
Regulation (EC) No 2532/98
Article 1 a – paragraph 3
3. The ECB may publish any decision imposing on an undertaking administrative pecuniary penalties for breaches of directly applicable Union law and sanctions for breaches of ECB regulations or decisions, both in the supervisory and non- supervisory fields, whether such decision has been appealed or not. The ECB shall carry out such publication in accordance with relevant Union law, irrespective of any national law or regulation and, where relevant Union law is composed of Directives, of any national legislation transposing those Directives. Where the ECB considers that immediate publication of a decision would jeopardise the stability of financial markets or be disproportionate considering the degree of severity of the administrative pecuniary penalty or sanction imposed on an undertaking, it shall have the discretion to delay the publication of the decision by up to one year from the date on which the decision was taken.
2014/10/21
Committee: ECON
Amendment 278 #

2014/0020(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point 4
4. ‘proprietary trading’ means using own capital or borrowed money to take positions in any type of transaction to purchase, sell or otherwise acquire or dispose of any financial instrument or commodities for the soleprimary purpose of making a profit for own account, and without any connection to actual or anticipated client activity or for the purpose of hedging the entity’s risk as result of actual or anticipated client activity, through the use of desks, units, divisions or individual traders specifically dedicated to such position taking and profit making, including through dedicated web-based. This definition includes any such transaction undertaken with the aim of making profit, irrespective of whether such profit would be realised in the short term or in the longer term, or is in fact realised. Unless an institution demonstrates and proves to the satisfaction of the competent authority that an activity is not covered by this definition it shall be deemed to be proprietary trading platforms; ;
2015/02/04
Committee: ECON
Amendment 285 #

2014/0020(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point 12
12. ‘market making’ means a financial institution's commitment to provide market liquidity on a regular and on-going basis, by posting two-way quotes with regard to a certain financial instrument, or as part of its usual business, by fulfilling orders initiated by clients or in response to clients’ requests to trade, but in both cases. Both activities shall be carried out by the financial institution without being exposed to material market risk;
2015/02/04
Committee: ECON
Amendment 323 #

2014/0020(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point b – point iii a (new)
(iii a) engage in lending to, grant guarantees to, or hold any financial instrument other than those listed in point (ii) of this paragraph issued by an AIF.
2015/02/03
Committee: ECON
Amendment 65 #

2011/0023(COD)

Proposal for a directive
Recital 2 a (new)
(2a) Recent events have highlighted the need for a more effective response to the security threats facing the Union. Any additional procedures in this area must of course be consistent with fundamental rights, prove their effectiveness and be proportionate to the objectives to be achieved.
2015/04/20
Committee: LIBE
Amendment 66 #

2011/0023(COD)

Proposal for a directive
Recital 2 b (new)
(2b) If the fight against terrorism is to be stepped up, it is essential above all that the most effective possible use should be made of existing tools (e.g. SIS II) in the context of external border checks and exchanges of information between Member States. It is essential, therefore, that the relevant Member State services should make full information available at all times and that Member States’ police and intelligence services should work closely together.
2015/04/20
Committee: LIBE
Amendment 242 #

2011/0023(COD)

Proposal for a directive
Article 1 – paragraph 2 – introductory part
2. The PNR data collected in accordance with this Directive may be processed only for the following purposes: (a) The prevention, detection, investigation and prosecution of terrorist offences and serious crime according to Article 4(2)(b) and (c); and (b) The prevention, detection, investigation and prosecution of terrorist offences and serious transnational crimecertain types of serious transnational crime as defined in point (i) of Article 2 and according to Article 4(2)(a) and (d).. deleted deleted
2015/04/20
Committee: LIBE
Amendment 329 #

2011/0023(COD)

Proposal for a directive
Article 3 a (new)
Article 3a Data Protection Officer 1. Member States shall provide that the head of the public authority responsible for monitoring the application of the provisions adopted pursuant to this Directive and for contributing to their consistent application throughout the Union, appoints a Data Protection Officer within the Passenger Information Unit. 2. Member States shall provide that the data protection officer shall be designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and ability to fulfil the tasks referred to in this Directive. 3. Member States shall provide that the Data Protection Officer shall be responsible: (a) to raise awareness, to inform and advise the members of the Passenger Information Unit of their obligations in accordance with the data protection provisions adopted pursuant to this Directive, in particular with regard to technical and organisational measures and procedures; (b) to monitor the implementation and application of the policies in relation to the protection of personal data, including the assignment of responsibilities, the training of staff involved in the processing operations and the related audits; (c) to monitor the implementation and application of the data protection provisions adopted pursuant to this Directive, in particular as to the requirements related to data protection by design, data protection by default and data security and to the information of data subjects and their requests in exercising their rights under the provisions adopted pursuant to this Directive; (d) to ensure compliance with the data protection provisions adopted pursuant to this Directive, in particular, through conducting random sampling of data processing operations; (e) to ensure that the documentation referred to in Articles 11f (new) and 11g (new) is maintained; (f) to monitor the documentation, notification and communication of personal data breaches pursuant to Articles 11l (new) and 11m (new); (g) to monitor the response to requests from the supervisory authority, and to co- operate with the supervisory authority at the latter's request or on his/her own initiative, especially on matters relating to data transfers to other Member States or to third countries; (h) to act as the contact point for the supervisory authority on issues related to the processing of PNR data and to consult with the supervisory authority, if appropriate, on his/her own initiative. 4. Member States shall provide that the data protection officer is properly and in a timely manner involved in all issues which relate to the protection of personal data within the Passenger Information Unit. 5. Member States shall ensure that the data protection officer is provided with the means to perform his/her duties and tasks referred to in this Article effectively and independently, and does not receive any instructions as regards to the exercise of the function. 6. Member States shall provide that any other professional duties of the data protection officer are compatible with that person's tasks and duties as data protection officer and do not result in a conflict of interests. 7. Member States shall provide the data subject with the right to contact the data protection officer, as a single point of contact, on all issues related to the processing of his or her PNR data. 8. Member States shall provide that the name and contact details of the data protection officer are communicated to the supervisory authority and to the public.
2015/04/20
Committee: LIBE
Amendment 345 #

2011/0023(COD)

Proposal for a directive
Article 4 – paragraph 2 – point a
(a) carrying out an assessment of the passengers prior to their scheduled arrival or departure from the Member State in order to identify any persons who may be involved in a terrorist offence or a certain type of serious transnational crime and who require further examination by the competent authorities referred to in Article 5. In carrying out such an assessment, the Passenger Information Unit may process PNR data against pre-determined criteria in line with the requirement set out in paragraph 3. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated meansand subject to human intervention by a member of the Passenger Information Unit in order to verify whether the competent authority referred to in Article 5 needs to take action;
2015/04/20
Committee: LIBE
Amendment 377 #

2011/0023(COD)

Proposal for a directive
Article 4 – paragraph 3
3. The assessment of the passengers prior to their scheduled arrival or departure from the Member State referred to in point (a) of paragraph 2 shall be carried out in a non- discriminatory manner on the basis of assessment criteria established by its Passenger Information Unit. These assessment criteria must be targeted, specific, justified, proportionate and fact- based. Member States shall ensure that the assessment criteria are set by the Passenger Information Units, in cooperation with the competent authorities referred to in Article 5 and regularly reviewed. The regular review shall involve the Data Protection Officer and ensure that the assessment criteria remain targeted, specific, justified, proportionate and fact-based. The assessment criteria shall in no circumstances be based on data revealing a person's race or ethnic origin, political opinions, religiousn or philosophical beliefs, political opinion, trade union membership, health or sexual life. sexual orientation or gender identity, trade union membership and activities, and the processing of biometric data or of data concerning, health or sex life. The assessment shall in any case not be based solely on automated processing and allow for human intervention on every criteria.
2015/04/20
Committee: LIBE
Amendment 463 #

2011/0023(COD)

Proposal for a directive
Article 6 – paragraph 2 – point a – introductory part
(a) once 24 to 48 hours before the scheduled time for flight departure;
2015/04/20
Committee: LIBE
Amendment 467 #

2011/0023(COD)

Proposal for a directive
Article 6 – paragraph 2 – point b
(b) once immediately after flight closure, that is once the passengers have boarded the aircraft in preparation for departure and it is no longer possible for further passengers to board.
2015/04/20
Committee: LIBE
Amendment 486 #

2011/0023(COD)

Proposal for a directive
Article 7 – paragraph 1
1. Member States shall ensure that, with regard to persons identified by a Passenger Information Unit in accordance with Article 4(2)(a) and (b), the result of the processing of PNR data is transmitted without delay by that Passenger Information Unit to the Passenger Information Units of other Member States where the former Passenger Information Unit considers such transfer to be necessaryrelevant for the prevention, detection, investigation or prosecution of terrorist offences or seriouscertain types of serious transnational crime. The Passenger Information Units of the receiving Member States shall transmit such PNR data or the result of the processing of PNR data to their relevant competent authorities. Where appropriate, an alert shall be entered in accordance with Article 36 of the Schengen Information System.
2015/04/20
Committee: LIBE
Amendment 719 #

2011/0023(COD)

Proposal for a directive
Article 11 a (new)
Article 11a Processing of special categories of data 1. Member States shall prohibit the processing of PNR data revealing race or ethnic origin, political opinions, religion or philosophical beliefs, sexual orientation or gender identity, trade-union membership or activities, and the processing of biometric data or of data concerning health or sex life. 2. In the event that PNR data revealing such information are received by the Passenger Information Unit, they shall be deleted without delay. To that end, upon the receipt of PNR data from air carriers, Member States shall apply automated and manual controls to identify and delete sensitive data from PNR data obtained. 3. In order to identify and delete any sensitive data from PNR data retained, members of the Passenger Information Unit shall undertake manual checks before any further manual processing and prior to any transfer of PNR data to competent authorities in accordance with Article 4(2), to the Passenger Information Unit or another Member State in accordance with Article 7, or to a third country in accordance with Article 8.
2015/04/20
Committee: LIBE
Amendment 724 #

2011/0023(COD)

Proposal for a directive
Article 11 c (new)
Article 11c Right of access for the data subject Member States shall provide for the right of the data subject to obtain from the Passenger Information Unit a copy of the PNR data undergoing processing. Where the data subject makes the request in electronic form, the information shall be provided in electronic form, unless otherwise requested by the data subject.
2015/04/20
Committee: LIBE
Amendment 726 #

2011/0023(COD)

Proposal for a directive
Article 11 d (new)
Article 11d Right to rectification and completion 1. Member States shall provide for the right of the data subject to obtain from the Passenger Information Unit the rectification or the completion of personal data relating to him or her which are inaccurate or incomplete, in particular by way of a completing or corrective statement. 2. Member States shall provide that the Passenger Information Unit informs the data subject in writing, with a reasoned justification, of any refusal of rectification or completion, on the reasons for the refusal and on the possibilities of lodging a complaint with the supervisory authority and seeking a judicial remedy. 3. Member States shall provide that the Passenger Information Unit shall communicate any rectification carried out to each recipient to whom the data have been disclosed, unless to do so proves impossible or involves a disproportionate effort. 4. Member States shall provide that the Passenger Information Unit communicates the rectification of inaccurate personal data to the third party from whom the inaccurate personal data originate.
2015/04/20
Committee: LIBE
Amendment 727 #

2011/0023(COD)

Proposal for a directive
Article 11 e (new)
Article 11e Right to erasure 1. Member States shall provide for the right of the data subject to obtain from the Passenger Information Unit the erasure of personal data relating to him or her where the processing does not comply with the provisions adopted pursuant to Article 4 of this Directive. 2. The Passenger Information Unit shall carry out the erasure without delay. The Passenger Information Unit shall also abstain from further dissemination of such data. 3. Instead of erasure, the Passenger Information Unit shall restrict the processing of the personal data where: (a) their accuracy is contested by the data subject, for a period enabling the Passenger Information Unit to verify the accuracy of the data; (b) the personal data have to be maintained for purposes of proof or for the protection of vital interests of the data subject or another person. 4. Member States shall provide that the Passenger Information Unit informs the data subject in writing, with a reasoned justification, of any refusal of erasure or restriction of the processing, on reasons for the refusal and on the possibilities of lodging a complaint with the supervisory authority and seeking a judicial remedy. 5. Member States shall provide that the Passenger Information Unit notifies recipients to whom those data have been sent of any erasure or restriction made pursuant to paragraph 1, unless to do so proves impossible or involves a disproportionate effort.
2015/04/20
Committee: LIBE
Amendment 728 #

2011/0023(COD)

Proposal for a directive
Article 11 f (new)
Article 11f Documentation 1. Member States shall provide that the Passenger Information Unit maintains documentation of all processing systems and procedures under their responsibility. 2. The documentation shall contain at least the following information: (a) the name and contact details of the organisation and personnel in the Passenger Information Unit entrusted with the processing of PNR data, the different levels of access authorisation and the personnel having such authorisations; (b) a description of the category or categories of data subjects and of the data or categories of data relating to them; (c) the recipients of the personal data; (d) all transfers of data to a third country, including the identification of that third country and the legal grounds on which the data are transferred, a substantive explanation shall be given when a transfer is based on Article 8a (new) of this Directive; (e) the time limits for retention and erasure of the different categories of data; (f) the results of the verifications of the measures that the processing of PNR data is performed in compliance with applicable data protection provisions; (g) an indication of the legal basis of the processing operation for which the data are intended. 3. The Passenger Information Unit shall make all documentation available, on request, to the supervisory authority.
2015/04/20
Committee: LIBE
Amendment 729 #

2011/0023(COD)

Proposal for a directive
Article 11 g (new)
Article 11g Keeping of records 1. Member States shall ensure that records are kept of at least the following processing operations: collection, alteration, consultation, disclosure, combination or erasure. The records of consultation and disclosure shall show in particular the purpose, date and time of such operations and as far as possible the identification of the person who consulted or disclosed PNR data, and the identity of the recipients of such data. 2. The records shall be used solely for the purposes of verification of the lawfulness of the data processing, self-monitoring and for ensuring data integrity and data security, or for purposes of auditing, either by the Data Protection Officer or by the supervisory authority. 3. The Member State shall ensure that the Passenger Information Unit shall make the records available, on request, to the supervisory authority.
2015/04/20
Committee: LIBE
Amendment 730 #

2011/0023(COD)

Proposal for a directive
Article 11 h (new)
Article 11h Security of processing 1. Member States shall provide that the Passenger Information Unit implements appropriate technical and organisational measures and procedures to ensure a high level of security appropriate to the risks represented by the processing and the nature of the PNR data to be protected, having regard to the state of the art and the cost of their implementation. 2. In respect of automated data processing, each Member State shall provide that the Passenger Information Unit, following an evaluation of the risks, implements measures designed to: (a) deny unauthorised persons access to data-processing equipment used for processing PNR data (equipment access control); (b) prevent the unauthorised reading, copying, modification or removal of data media (data media control); (c) prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored PNR data (storage control); (d) prevent the use of automated data- processing systems by unauthorised persons using data communication equipment (user control); (e) ensure that persons authorised to use an automated data-processing system only have access to the data covered by their access authorisation (data access control); (f) ensure that it is possible to verify and establish to which bodies PNR data have been or may be transmitted or made available using data communication equipment (communication control); (g) ensure that it is subsequently possible to verify and establish which PNR data have been input into automated data- processing systems and when and by whom the data were input (input control); (h) prevent the unauthorised reading, copying, modification or deletion of PNR data during transfers of the data or during transportation of the data media (transport control); (i) ensure that installed systems may, in case of interruption, be restored (recovery); (j) ensure that the functions of the system perform, that the appearance of faults in the functions is reported (reliability) and that stored PNR data cannot be corrupted by means of a malfunctioning of the system (integrity). 3. Member States shall provide that the Passenger Information Unit observes the requisite technical and organisational measures under paragraph 1.
2015/04/20
Committee: LIBE
Amendment 731 #

2011/0023(COD)

Proposal for a directive
Article 11 i (new)
Article 11i Right to judicial remedy 1. Without prejudice to any available administrative remedy, including the right to lodge a complaint with a supervisory authority, Member States shall provide for the right of every natural person to a judicial remedy if they consider that that their rights laid down in provisions adopted pursuant to this Directive have been infringed as a result of the processing of their personal data in non- compliance with these provisions. 2. Member States shall ensure that final decisions by the court referred to in this Article will be enforced.
2015/04/20
Committee: LIBE
Amendment 732 #

2011/0023(COD)

Proposal for a directive
Article 11 j (new)
Article 11j Liability and the right to compensation Member States shall provide that any person who has suffered damage, including non-pecuniary damage, as a result of an unlawful processing operation or of an action incompatible with the provisions adopted pursuant to this Directive shall have the right to claim compensation for the damage suffered.
2015/04/20
Committee: LIBE
Amendment 733 #

2011/0023(COD)

Proposal for a directive
Article 11 k (new)
Article 11k Penalties for non-compliance Member States shall lay down the rules on penalties, applicable to infringements of the provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
2015/04/20
Committee: LIBE
Amendment 734 #

2011/0023(COD)

Proposal for a directive
Article 11 l (new)
Article 11l Notification of a personal data breach to the supervisory authority 1. Member States shall provide that in the case of a personal data breach, the Passenger Information Unit, without undue delay and, where feasible, not later than 24 hours, the personal data breach to the supervisory authority. The Passenger Information Unit shall provide, on request, to the supervisory authority a reasoned justification in cases of any delay. 2. The notification referred to in paragraph 1 shall at least: (a) describe the nature of the personal data breach including the categories and number of data subjects concerned and the categories and number of data records concerned; (b) communicate the identity and contact details of the Data Protection Officer referred to in Article 3a (new) or other contact point where more information can be obtained; (c) recommend measures to mitigate the possible adverse effects of the personal data breach; (d) describe the possible consequences of the personal data breach; (e) describe the measures proposed or taken by the Passenger Information Unit to address the personal data breach and mitigate its effects. In case all information cannot be provided without undue delay, the Passenger Information Unit can complete the notification in a second phase. 4. Member States shall provide that the Passenger Information Unit documents any personal data breaches, comprising the facts surrounding the breach, its effects and the remedial action taken. This documentation must be sufficient to enable the supervisory authority to verify compliance with this Article. The documentation shall only include the information necessary for that purpose. 5. The supervisory authority shall keep a public register of the types of breaches notified.
2015/04/20
Committee: LIBE
Amendment 735 #

2011/0023(COD)

Proposal for a directive
Article 11 m (new)
Article 11m Communication of a personal data breach to the data subject 1. Member States shall provide that when the personal data breach is likely to adversely affect the protection of the personal data and/or the privacy of the data subject, the Passenger Information Unit shall, after the notification referred to in Article 11l (new), communicate the personal data breach to the data subject without undue delay. 2. The communication to the data subject referred to in paragraph 1 shall be comprehensive and use clear and plain language. It shall describe the nature of the personal data breach and contain at least the information and the recommendations provided for in points (b), (c) and (d) of Article 11l (new) and information about the rights of the data subject, including redress. 3. The communication of a personal data breach to the data subject shall not be required if the Passenger Information Unit demonstrates to the satisfaction of the supervisory authority that it has implemented appropriate technological protection measures, and that those measures were applied to the PNR data concerned by the personal data breach. Such technological protection measures shall render the data unintelligible to any person who is not authorised to access it. 4. The communication to the data subject may be delayed or restricted, in a specific case, to the extent that such a delay or restriction constitutes a necessary and proportionate measure: (a) to avoid obstructing official or legal inquiries, investigations or procedures; (b) to protect public security; (c) to protect the rights and freedoms of others.
2015/04/20
Committee: LIBE